SECTION I. TIT II. PART IV. Of the Court generally; of the Written Law by which it is governed; and of its Officers. CAP. III. SEC. I. Two great Formerly, two Courts affairs of debtors. The statutory Law of Bankruptcy depends principally on two statutes--the Bankrupt Law Consolidation Act, 1849, 12 & 13 Vic. c. 106, and the Bankruptcy Act, 1861, 24 & 25 Vic. c. 134. Until the latter of these statutes, there for adjusting were two distinct Courts, which were exclusively occupied in adjusting the affairs of persons who were unable to meet their pecuniary engagements; namely, the Court of Bankruptcy, and the Court for the Relief of Insolvent Debtors. The former took cognisance of the affairs of traders; the latter of non-traders. Abolition of Jurisdiction of the Court. By the Bankruptcy Act, 1861, the latter Court was abolished, and traders and nontraders are alike subjected to the jurisdiction of the Court of Bankruptcy. (s. 1, 19, 20.) The Court of Bankruptcy is only authorised to deal with that which clearly constitutes the bankrupt's estate, and not to decide what is the bankrupt's estate. If that question is a PART IV. TIT. II. CAP. III. Constitution of the Court ruptcy. legal one, it is tried at law; if equitable, in a Court of Equity. (Sup. to Selw. N. P. 214.) The Court of Bankruptcy consists of certain Commissioners in London and in the country; and powers with a treasurer, called the Accountant in of BankBankruptcy, whose office is to cease on his death; a taxing officer, who is called the Master of the Court; and a staff of registrars, official assignees, and messengers. But, by the Act of 1861, the jurisdiction of the country commissioners may be transferred by the Queen in Council to the county court judges, where the office of a sole commissioner of any district becomes vacant. (s. 3, 4.) The Court of Bankruptcy has all the powers of the superior courts of law and equity. (Act of 1861, s. 1.) And each and every commissioner, singly, simultaneously, or otherwise, as occasion may require, forms the Court. (Act of 1849, s. 6.) powers and The registrars of the Court of Bankruptcy Registrar's have power to make adjudication of bank- duties. ruptcy; to receive a bankrupt's surrender; to grant protection; to pass the last examination of a bankrupt, when the assignees and creditors do not oppose; to hold and preside at meetings of creditors; to audit and pass accounts of assignees; and to sit in chambers P PART IV. and despatch certain parts of the administra TIT. II. CAP. III. tive business of the Court, and uncontested SEC. I. matters. But they may not commit, or hear a disputed adjudication or any question of the allowance or suspension of an order of discharge. And a registrar may adjourn any matter for the consideration of the commissioner. (Act of 1861, s. 52.) The Court of Bankruptcy may direct a registrar to attend at any place within the district, for the prosecution of any bankruptcy or other proceeding under the Act of 1861, and the registrar so acting may exercise all powers, except the power of commitment, for the summoning and examination of persons or witnesses, and for requiring the production of books, papers, and documents. Depositions and examinations, and all acts done by him, must be reduced to writing, and be signed by him. (Act of 1861, s. 58.) Registrars acting in the country must transmit daily by post, to the chief registrar, chief regis. copies of all entries made by them in their Transmission of copies of entries, adjudications, &c., to trar. docket-books, and of all adjudications in the district courts; and the chief registrar must forthwith cause them to be entered in the general docket-book; and when any petition in prosecution or any adjudication is dismissed or annulled, or when the time allowed for proceeding is extended, he must transmit a certified copy thereof to the chief registrar. (Act of 1849, s. 95.) The high bailiffs of the county courts hav- Messengers' duties dis.. charged by high bailiff of county court., the Court and plead without counsel. ing jurisdiction in bankruptcy discharge the duties of messengers. (Act of 1861, s. 11.) Every solicitor admitted as a solicitor of Solicitors of the Court of Bankruptcy, may appear and may appear plead, without being required to employ counsel; and in case any person not being such solicitor practise in the Court as a solitor, he will be deemed guilty of a contempt of Court, and will be liable to all the penalties incident thereto. (Act of 1861, s. 212.) SECTION II. Of Persons liable to be Bankrupts. Who are, and who are As a general rule, all persons engaged in any business, as distinguished from a profes- not, traders. sion, whether learned or otherwise, and not merely those who are enumerated in the statute of 1849, might, and still may, be bankrupts as traders. (See Roche & Haz. 75.) But farmers, graziers, common labourers, or workmen for hire, or members of or sub TIT. II. PART IV. Scribers to an incorporated commercial or CAP. III. trading company established by charter or SEC. II. Act of Parliament, are not traders within the meaning of the Bankrupt Law. (Act of 1849, s. 65.) Where non- No debtor who is not a trader may be ad traders are bankrupts. not adjudged judged bankrupt, except in respect of some one of the acts of bankruptcy described as applicable to non-traders. (Act of 1861, Trader having privilege of Parliament. s. 69.) A trader having privilege of Parliament may be dealt with as any other trader, except that he cannot be arrested or imprisoned, save for felony or misdemeanor. (Act of 1849, s. 66.) Certain acts of bankruptcy in the case of traders.' SECTION III. Of Acts of Bankruptcy. Some of the acts of bankruptcy, in the case of a trader, are these: departing from the realm, absenting himself, beginning to keep his house, yielding himself to prison, fraudulent outlawry, arrest, attachment, execution, or transfer of property, with intent to defeat or delay creditors. (Act of 1849, s. 67.) A man is said to absent himself when he keeps away from a creditor, or from his abode |