Court may order payments to boná fule claimants. Bank. Rules, 1871, r. 23. Orders for payment of fees to registrar to be made by Judge. Bank. Rules, 1871, r. 24. Registrar acting as a trustee after close of bankruptcy to forward twice a year certifi cate of payment into Bank of England. Bank. Rules, 1871, r. 26. On payment into Bank, trustee to receive certificate from cashiers of Bank. Bank. Rules, 1871, r. 27. 66 6 Subject to the provisions of section 116 of The Bankruptcy Act, 1869,' and section 19 of The Bankruptcy Repeal "and Insolvent Court Act, 1869,' the Court, upon being satis"fied that any person who may claim to be entitled to any dividend or other payment from monies which shall have "been so paid into the Bank of England is entitled thereto, may order payment of the same according to the form in the "schedule" (h).-"The Bankruptcy Rules, 1871," r. 23. 66 66 66 "Where payment is required to be made to a registrar of a County Court for the fees authorised to be taken by him for "the duties of realising the estate and of making a dividend, "the order directing such payment shall be signed by the Judge of the Court, and any order made by the London "Bankruptcy Court for the payment of such fees shall be made payable to such officer as may be authorised to receive fees on "behalf of Her Majesty's Exchequer."-"The Bankruptcy Rules, 1871," r. 24. 66 "Every registrar acting as a trustee after the close of a "bankruptcy shall, within ten days after the 30th June and "31st December, forward to the comptroller, a certificate to "the effect that he has paid into the Bank of England all sums "of money received by him on account of closed estates.""The Bankruptcy Rules, 1871," r. 25. 66 "Every registrar acting as a trustee after the close of a bankruptcy shall, within twenty days of the 30th June in every year, forward to the accountant in bankruptcy an account "showing the balance standing to the credit of each closed "estate in which he is trustee, which account, if correct, shall "be certified by the accountant and returned by him to the registrar."—"The Bankruptcy Rules, 1871," r. 26. 66 66 "Where any money shall be paid into the Bank of England pursuant to these rules, the trustee shall receive a certificate "from one of the cashiers of such bank."-"The Bankruptcy Rules, 1871," r. 27. It has been seen (k) that it is the duty of the trustee upon the close of the bankruptcy to deliver to the registrar a list of the bankrupt's outstanding property, who shall realize the property, if practicable, and declare a dividend from the proceeds thereof in the same manner as if he had been the trustee by reason of there being no trustee acting during the continuance of the bankruptcy (1). (h) Appendix V. Form 5 ("Bankruptcy Rules, 1871.") ("The Bankruptcy, Rules, 1870." Rule 125, ante, p. 1398. BOOK VI. THE JURISDICTION AND PRACTICE IN BANKRUPTCY. CHAPTER XIX. ANNULLING ADJUDICATION. It would seem, according to a recent case, that the Court has a general jurisdiction to annul an adjudication of bankruptcy in a proper case (a). But, independently of this general jurisdiction, the Court has express power conferred upon it to annul the adjudication in certain cases to which attention will now be called. Court has general jurisal the adjudication. diction to Adjudication may be anunder s. 28 of "The Bankruptcy Act. 1869." nulled in cases If creditors fail to appoint Under section 28 of "The Bankruptcy Act, 1869," the annulling of the order of adjudication, may, as we have seen (b), be made the condition of a scheme of arrangement or composition accepted by the trustee in bankruptcy on behalf of the creditors. The Court has no power, it seems, under this section, to annul the adjudication until after the first meeting (c). When the creditors fail to appoint a trustee, under section 84 of "The Bankruptcy Act, 1869," the Court also has power to annul the adjudication (d). The Court ought not, however, to annul the adjudication under this section if one creditor the adjudicawishes the bankruptcy to proceed, and his debt is so much tion may be greater than all the others that he is substantially the only annulled. creditor (e). And when the first meeting has been adjourned the application to annul should not be made until after the adjourned meeting has been held (f). The Court has also power under rule 266 (g) of "The Bankruptcy Rules, 1870," to annul an adjudication made by it for the protection of the bankrupt, pending the passing of some special or extraordinary resolution determining on liquidation by arrangement or composition. Where a debtor filed a liqui (a) Ex parte Ashworth; In re Hoare, L. R. 18 Eq. 705; and see Ex parte Upfill; In re Upfill, L. R. 1 Ch. 439. (b) Ante, p. 1402; and see Ex parte Ashworth; In re Hoare, ubi supra. Re Lord, 50 L. T. 10. See sect 84, ante, p. 1345. Ex parte English Joint Stock Bank; In re Finney, L. R. 6 Ch. 79. f) Re Green, 14 Solicitors' Journal, p. 575. See this Rule set out post, p. 1430. a trustee in bankruptcy, Adjudication made by Court pending proliquidation by arrangement ceedings for or composi tion may be annulled. Semble. The Court may refuse to annul adjudication, though all creditors consent. Semble that Annulling of Bank. Act, 1869, s. 81. Form of notice of order annulling bankruptcy. dation petition and his creditors resolved on a liquidation by It seems that the Court may, on sufficient grounds, refuse to The application for adjudication should be made with due diligence (1). 66 66 66 66 The consequences of annulling adjudication are indicated by In reference to this section Kelly, C. B., in Bailey v. John- A form of notice in the Gazette and local paper of the order annulling the adjudication is provided (n). (h) Ex parte Ashworth; In re Hoare, L. R. 18 Eq. 705. (i) Ex parte Jones; In re Jones, L. R. 3 Ch. 144. (k) Ex parte Davis & Denton; In re Davis & Denton, L. R. 2 Ch. 363. (n) Appendix V. Form No. 59. BOOK VI. THE JURISDICTION AND PRACTICE IN BANKRUPTCY. CHAPTER XX. APPEALS IN BANKRUPTCY. Two kinds of appeal: (1.) &c., to local Court; (2.) From trustee, Court to Lon Two kinds of appeals exist in bankruptcy matters. In the first place, as has been mentioned in the earlier chapters of this work, there exist appeals to the County Court from the trustee's decision in regard to proofs (a), or in respect of any act of the trustee which may be complained of (b). These have already From local been sufficiently noticed (c). A right of appeal also exists against the registration of or the refusal to register a resolution for liquidation or composition, under rule 295 of "The Bankruptcy Rules, 1870" (d). This will be a matter to be referred to in the next chapter, which deals with composition and liquidation by arrangement. don Court. Appeals to The present chapter will be exclusively devoted to the consideration of appeals from the decision of the County Court the London Judge to the Chief Judge, and thence to the Court of Appeal and House of Lords. "Every Court having jurisdiction in bankruptcy under this (a) Rule 74 of the General Rules, ante, p. 1358. (b) 32 & 33 Vict. c. 71, s. 20, and Rules 50 and 74 of the General Rules. Ante, pp. 1309, 1358, 1380. Rule 295 of the General Rules, post, pp. 1440, 1441. Sect. 72, ante, p. 1257. 32 & 33 Vict. c. 71, s. 72, ante, p. 1257. Court alone Bankruptcy considered in the present chapter. Appeal only lies where given by the Bankruptcy Act. General right of appeal given by "The Bankruptcy Act, 1869." Every Court possessing bankruptcy jurisdiction may review, rescind or vary its own order, and such order may likewise be appealed from. The Bankruptcy Act, 1869, s. 71. Section 71 also gives local Court a power of re-hearing. Re-hearing should not be given merely to give opportunity of appeal. Effect of above section as regards appeals. In whom right of appeal is vested. 66 Act may review, rescind, or vary any order made by it in "pursuance of this Act. Any person aggrieved by any order "of a local bankruptcy Court in respect of a matter of fact, or "of law made in pursuance of this Act, may appeal to the Chief Judge in bankruptcy, and it shall be lawful for such "Judge to alter, reverse, or confirm such order as he thinks just. Any order made by the Chief Judge in bankruptey, "whether in respect of a matter brought before him on appeal " or not, shall be subject to an appeal to the Court of Appeal "in Chancery (which Court, for the purposes of this Act, shall "be and form a Court of Record, and shall have all the juris"diction, powers, and authorities of the Court of Bankruptcy, "to be exerciseable either originally or on appeal, and shall "have all the powers and authorities of the Court of Chancery "relative to the trial of questions of fact, by jury, issue, or otherwise), and also, with the leave of the Court of Appeal, to "the House of Lords, but no appeal shall be entertained under "this Act except in conformity to such rules of Court as may "for the time being be in force in relation to such appeal.”— 32 & 33 Vict. c. 71, s. 71. 66 Section 71 of "The Bankruptcy Act, 1869," it will be noticed, really deals with two rights resembling one another, and yet perfectly distinct, that is to say, the right of any bankruptcy Court to reconsider, and, if it think fit, vary or rescind altogether its own order; and, in the second place, the right of any person aggrieved by an order of a bankruptcy Court to appeal therefrom with a view to obtaining its reversal, in whole or in part, by the Chief Judge or Court of Appeal, as the case may be. When an order has been once made, a local Court ought not to allow a re-hearing for the mere purpose of enabling an appeal to be brought which would otherwise be too late (g). The effect of the above enactment is, briefly stated, to confer an appeal from a County Court acting as a local Court of Bankruptcy whenever any person is aggrieved by any order of such Court in respect of a matter either of fact or of law, and made under the Act (h). Moreover, an appeal lies from an order made by a local Court of Bankruptcy while acting under section 74 as auxiliary to the London Court (i). The right of appeal from any local Court of Bankruptcy, under the above section, is vested in "any person aggrieved. Accordingly, where an adjudication of bankruptcy was made, founded upon the execution by the debtor of a bill of sale which was held to be an act of bankruptcy, it was held by the (g) Ex parte Simmons; In re Lister, L. R. 2 Ch. Div. 749. 1 |