Sittings at chambers. The Bankruptcy Rules, 1870, r. 5. Any matter may be heard in open Court if Judge or parties desire it. The Bankruptcy Rules, 1870, r. 6. (11.) Com mittals for Application to commit for contempt to be supported by affidavit, and to be filed. The Bank ruptcy Rules, 1870, r. 178. Sittings in chambers are governed by a rule in "The Bankruptcy Rules, 1870," as follows: 66 66 Any matter may be heard and disposed of in chambers by a Judge or registrar, except the public examination of the bankrupt under section 19 of the Act, and the granting an "order of discharge. 66 "Where the Judge or registrar shall be of opinion that any "matter ought to be heard and disposed of in open court, or "all the contending parties shall require any matter to be so "heard and disposed of, such matter shall be so heard and disposed of, or if part heard shall be adjourned for the purpose "of being further heard and disposed of in open court.""The Bankruptcy Rules, 1870," r. 6. 66 (11.) Eleventhly. It is needful to consider the powers possessed by County Courts as local Courts of Bankruptcy, to order persons to be committed to prison for contempts of Court. Such powers are (a.) statutory, or (b.) at common law. (a.) As to the statutory powers of committal for contempt: If a bankrupt fail to perform the duties imposed upon him by section 19 of "The Bankruptcy Act, 1869," or if he fail to deliver up possession to the trustee of any part of his property, which is divisible amongst his creditors, and which may, for the time being, be in the possession or under the control of such bankrupt, he shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of Court, and may be punished accordingly (e). Any treasurer or other officer, or any banker, attorney, or agent of a bankrupt, if he do not pay and deliver to the trustee all moneys and securities in his possession or power, as such officer or agent, if he be not by law entitled to retain the same as against the bankrupt or trustee, shall be guilty of a contempt of Court, and may be punished accordingly on the application of the trustee (f). Where a motion is made to the Court in a summary manner by any person interested, that the provisions of any composition or general scheme made in pursuance of the Act may be enforced, any disobedience of the order of the Court made on such motion shall be deemed to be a contempt of Court (g). The following of "The Bankruptcy Rules, 1870," relate to the mode of making an application to commit for contempt : 66 "An application to the Court to commit any person for contempt of Court shall be supported by affidavit, and be "filed in the Court in which the proceedings are."-" The Bankruptcy Rules, 1870," r. 178. "Upon the filing of such application the registrar shall fix (e) 32 & 33 Vict. c. 71, s. 19, post, pp. 1338-1339. (g) Ib. s. 28, post, pp. 1402-1403. 66 66 place for a time and place for the Court to hear the application, and Registrar to "shall issue a notice to be served by an officer or high bailiff fix time and "of the Court personally on the person sought to be committed hearing of "three days at the least before the day of hearing the applica- application, tion, unless the Court shall, by order upon good cause shown, and to issue "direct service of the notice to be made in some other manner, notice for "in which case it shall be served together with a copy of the "order in the manner so directed."-"The Bankruptcy Rules, 1870," r. 179. The rule just set out provides, it is to be observed, that notice of the intended application to commit for contempt shall be served personally on the person sought to be committed three days at the least before the hearing of the application and it has accordingly been held that three days' clear notice is requisite, and that if the third day happens to be a Sunday, it is to be excluded from the computation (h). As regards the person who has power to commit for contempt, the Judge alone can do so; and "The Bankruptcy Rules, 1870," expressly provide that the Judge of a local Bankruptcy Court cannot delegate the power to make an order to commit a person for contempt (i). service on person sought to be com mitted. The Bank ruptcy Rules, 1870, r. 179. (b.) Common law power to commit for (b.) As to the common law power to commit for contempt: As already stated, in another part of this work (k), the common law power of punishing for contempt is confined, in contempt. the case of County Courts, to such contempts as are committed in the face of the Court itself, for, being inferior Courts, they cannot punish for contempt not committed in the face of the Court itself, though the High Court of Justice possesses this power (k). Whether it would be correct to say that, as local Courts of Bankruptcy, the County Courts are superior Courts, and possess, when acting in that capacity, the same common law power of committing for contempt as is possessed by the High Court, is a matter open, perhaps, to some question. (c.) As to the prisons to which persons committed for con- (c.) To what tempt may be sent : prisons persons committed for contempt may "The Bankruptcy Act, 1869," provides as follows :— "Where any Court having jurisdiction in bankruptcy under be sent. "this Act commits any person to prison, the commitment may Commitment "be to such convenient prison as the Court thinks expedient, may be to such "and if the gaoler of any prison refuses to receive any prisoner convenient "so committed, he shall be liable for every such refusal to a "penalty not exceeding one hundred pounds."-32 & 33 Vict. c. 71, s. 77. (12.) In the twelfth place, as regards the enforcement in prison as Court may direct. The Bankruptcy Act, 1869, s. 77. (12.) The enforcement of orders and warrants. Orders made by a Bankruptcy Court in one part of the United Kingdom may be enforced by a Court having jurisdiction in another part thereof. The Bank ruptcy Act, 1869, s. 73. Enforcement of warrants. Any warrant of an English Bankruptcy Court may be enforced elsewhere in her Majesty's dominions. Officers of as local Courts of Bankruptcy. any part of the United Kingdom of orders and warrants made by Courts having bankruptcy jurisdiction, "The Bankruptcy Act, 1869," contains the following provisions : 66 66 66 66 66 Any order made by a Court having jurisdiction in bankruptcy in England under this Act shall be enforced in "Scotland and Ireland in the Courts having jurisdiction in bankruptcy in such countries respectively, in the same manner in all respects as if such order had been made by the "Courts which are hereby required to enforce the same; and "in like manner any order made by the Court in Scotland having jurisdiction in bankruptcy shall be enforced in Eng"land and Ireland, and any order made by the Court having jurisdiction in bankruptcy in Ireland shall be enforced in "England and Scotland by the Courts respectively having jurisdiction in bankruptcy in the division of the United Kingdom where the orders may require to be enforced, and "in the same manner in all respects as if such order had "been made by the Court required to enforce the same in a case of bankruptcy within its own jurisdiction."-32 & 33 Vict. c. 71, s. 73. 66 66 66 66 With regard to the enforcement of warrants made by an English Court of Bankruptcy, "in Scotland, Ireland, the Isle of "Man, the Channel Islands and elsewhere in Her Majesty's Dominions," "The Bankruptcy Act, 1869," provides as follows: 66 "Any warrant of a Court having jurisdiction in bankruptcy "in England under this Act may be enforced in Scotland, Ire"land, the Isle of Man, the Channel Islands, and elsewhere in "Her Majesty's dominions, in the same manner and subject to "the same privileges in and subject to which a warrant issued "by any Justice of the peace against a person for an indict"able offence against the laws of England may be executed "in such countries respectively in pursuance of the Acts of "Parliament in that behalf; and any search warrant issued by 66 a Court having jurisdiction in bankruptcy under this Act "for the discovery of any property of a bankrupt may be exe"cuted in manner prescribed or in the same manner and subject to the same privileges in and subject to which a "search warrant for property supposed to be stolen may be "executed according to law."-32 & 33 Vict. c. 71, s. 76. 66 The ordinary officers of the County Court also act as its officers County Courts in respect of bankruptcy matters. The appointment, powers, and duties of County Court officers have been already very fully discussed in an early chapter of the present work (1). Only the matters peculiarly affecting officers as regards their duties in bankruptcy will be mentioned here for other parts reference must be made to the previous chapter on the subject (1). (1) See ante, Book I. cap. ii. p. 58 et seq. The officers of the County Court are affected by the following enactments peculiarly relating to their duties and position in bankruptcy matters : (1.) The Powers of (1.) The duties of the Judge will appear, in connection with the various proceedings in bankruptcy, from which they cannot Judge. well be disconnected, if they are to be stated clearly and intelligibly. With reference to the powers of County Court Judges in bankruptcy, "The Bankruptcy Act, 1869," enacts that :"Every Judge of a local Court of Bankruptcy shall, for the purposes of this Act, in addition to his ordinary powers as a "County Court Judge, have all the powers and jurisdiction of a Judge of Her Majesty's High Court of Chancery, and the "orders of such Judge may be enforced accordingly in manner prescribed."-32 & 33 Vict. c. 71, s. 66. 66 66 66 County Court Judges in bankruptcy. The Bankruptcy Act, 1869, s. 66. "The Bankruptcy Act, 1869," provides for the delegation by Delegation of the Judge of the powers thereby conferred upon him. It powers. enacts: to registrar such powers as may be "The Chief Judge in Bankruptcy and every Judge of a local The Judge "Court of Bankruptcy may, subject and in accordance with may delegate "the rules of Court for the time being in force, delegate to "the registrar or to any other officer of his Court such of the powers vested in him by this Act as it may be expedient for "the Judge to delegate to him."-32 & 33 Vict. c. 71, s. 67. In accordance with this enactment "The Bankruptcy Rules, 1870," provide as follows:- 66 66 66 "The Judge of a local Court of Bankruptcy may delegate to a registrar of his Court, but to no other officer, such of the powers vested in him by the Act as such Judge may deem expedient to delegate, except the power to make an order to "commit a person for contempt."-"The Bankruptcy Rules, 1870," r. 3. 66 66 66 Every order made by a registrar while acting under any delegated power, shall have the same force and validity, and "be subject to the same appeal, as an order made by the Judge, "but the registrar may adjourn any matter for the opinion of "the Judge if he shall think fit."-"The Bankruptcy Rules, 1870," r. 4. Though the registrar has power to act for the Judge, as his delegate, it seems that he ought only to determine cases where he has the decisions of the Court to guide him, and which do not involve difficult questions never before decided (m). It is to be noticed that the rule last set out (rule 4), provides that every order made by a registrar while acting under any delegated power shall be subject to the same appeal as an order made by a Judge. Where, however, the registrar is acting in (m) Ex parte English Joint Stock Bank, In re Finney, L. R. 6 Ch. 79; Ex parte Llynvi Coal & Iron Co., In re Hide, L. R. 7 Ch. 28. deemed expedient to delegate. The Bank ruptcy Act, 1869, s. 67. The Judge cannot delegate power of committal for contempt. The Bankruptcy Rules, 1870, r. 3. The order of registrar act ing for Judge has equal validity and is subject to like appeal. The Bank ruptcy Rules, 1870, r. 4. (2.) Regis trars. Cancellation of adhesive stamps by officers. Mode of cancellation of adhesive stamps. The Bank ruptcy Rules, 1870, r. 206. The registrar to keep certain books. The Bankruptcy Rules, 1870, r. 240. Extracts therefrom to be transmitted occasionally to the comp troller. that capacity, and not as the Judge's delegate, the appeal is to the Judge of his Court in the first instance (n). (2.) The duties of registrars in bankruptcy matters are very numerous and important. But they are mostly too closely interwoven with the practice in bankruptcy to render their separate consideration convenient or even intelligible. There are, however, certain general duties prescribed which we will now briefly refer to. Every officer of the Court receiving any document bearing an adhesive stamp is required to deface such stamp, in accordance with a rule of "The Bankruptcy Rules, 1870." As this rule relates principally to the registrar and his clerks it is set out here : 66 66 66 66 "Every officer of the Court who shall receive any document to which an adhesive stamp shall be affixed, shall immediately upon the receipt of such document deface the stamp thereon, by writing partly on the stamp and partly on the document the name of the debtor; and no such "document shall be filed or delivered until the stamp thereon "shall have been defaced in manner aforesaid, and it shall "be the duty of the party presenting or receiving such docu"ment to see that such defacement has been duly made.""The Bankruptcy Rules, 1870," r. 206. In order that the duties imposed on the registrar may be adequately discharged by him, "The Bankruptcy Rules, 1870," provide for the keeping of books and transmission of extracts therefrom to the comptroller. The rules referred to are as follows: 66 "The Chief Registrar of the London Bankruptcy Court, and every registrar of a County Court having jurisdiction in bankruptcy, shall keep books according to the forms in the "schedule, and the particulars given under the different heads "in such books shall be entered forthwith after the proceeding shall be had."- "The Bankruptcy Rules, 1870,” r. 240. The registrars shall make and transmit such extracts from "such books as the comptroller may from time to time reIquire to be made and transmitted to him."" The Bankruptcy Rules, 1870," r. 241. 66 66 66 It is the duty of the registrar to provide office copies of certain documents to certain persons who apply for them. ruptcy Rules, On this subject "The Bankruptcy Rules, 1870," provide as The Bank 1870, r. 241. follows: "All office copies of petitions, proceedings, books, papers, "and writings, or any parts thereof required by any trustee, or by any person being a bankrupt or debtor who has in"stituted proceedings under sections 125 or 126 of the Act, For by any creditor of any such person, or attorney of any 66 (n) Ex parte Sidey, re Sidey, 24 L. T. N. S. 143. |