(ss. 3, 94-97). There may be transfers either by the Court (s. 88) or by the creditors (s. 109).

Court of Bankruptcy-Chamber business.-The Court of Bankruptcy now has and exercises for the purposes of the Bankruptcy Acts all the powers and authorities of the Superior Courts of Law and Equity, and all the jurisdiction, powers, and authorities lately possessed by the Court for the relief of insolvent debtors in England (s. 1). The Commissioners may sit at chambers for the despatch of such part of the business of their Courts as can, without detriment to the public advantage arising from the discussion of questions in open Court, be heard in chambers; and when sitting at chambers they have, in all respects, like power and jurisdiction as when sitting in Court (s. 51).

Appeals. Every decision or order of the London and District Commissioners, and of every County Court Judge acting in bankruptcy, is subject to appeal to the Court of Appeal in Chancery, provided a petition of appeal be presented within twenty-one days from the date of the decision or order. Appeals upon orders of discharge may, however, be presented within thirty days (ss. 66, 171). There is no longer any appeal to the House of Lords.

OFFICERS OF THE COURT.

Registrars.-The Registrars (subject to the opinion of the Commissioner) have power to make Adjudication of Bankruptcy, to receive the surrender of any bankrupt, to grant protection, to receive proof of debts (s. 58), to pass unopposed last examinations, to hold and preside at meetings of creditors, to audit and pass accounts of assignees, and to sit in Chambers, and despatch there such part of the administrative business of the Court, and such uncontested matters as are defined in general orders, or as the Commissioner in any particular matter shall direct; but they have no power to commit, or to hear a disputed adjudication, or to grant any order of discharge (ss. 52, 53).

County Court Registrars.-The Lord Chancellor may authorise the Registrar of any County Court to exercise any of the powers by s. 52 given to the Registrars of the Court of Bankruptcy. The County Court Registrars are to act generally in performing the duties of Registrars of the Court of Bankruptcy in all matters in Bankruptcy (ss. 10, 52).

Official Assignees.-Upon any vacancy in the office of London Official Assignee it is not to be filled up until the number of London Official Assignees has been reduced to less than five. Any vacancy in the office of Country Official Assignee is not to be filled up if there be another Official Assignee within the district. The Pro

visional Assignee of the English Insolvent Debtors' Court is to be an Official Assignee of the London Court of Bankruptcy, and have the same duties, &c., as the original Official Assignees (ss. 16, 21). Each of the present London Official Assignees is to receive a salary of £1,200. Those in the country £1,000. The future appointed London and Country Official Assignees are respectively to receive £1,000 and £800. These payments are exclusive of clerks and office expenses (s. 31).

Messengers in bankruptcy.-The duty of taking possession of a bankrupt's estate (hitherto performed by the messenger) is transferred to the Official Assignee (s. 108). No London Messenger is to receive more than £500 a year, and no Country Messenger more than £400 (s. 32). The High Bailiffs of the several County Courts are to discharge the duties of messenger in all matters of bankruptcy within their several districts (s. 11).

ADJUDICATION AGAINST TRADER.

Where petition to be presented.—The petition for Adjudication is to be filed and prosecuted in the Court of Bankruptcy within the district of which the debtor shall have resided or carried on business for six months next immediately preceding the filing such petition, or for the longest period during six months. The Court in London may order any petition to be prosecuted in any district, with or without reference to the district in which the debtor shall have so resided or carried on business, or may consolidate, &c., the proceedings, or any part thereof, under two or more petitions for adjudication, or may transfer any petition for adjudication, or judgment debtor summons, from the Court in any one district to the Court in any other district, or to a County Court having jurisdiction in bankruptcy (s. 88).

Debtor making himself bankrupt.-Any debtor may make himself a bankrupt without producing any assets, and the mere filing of a petition for adjudication in bankruptcy, without a previous declaration of insolvency, is sufficient groundwork for the bankruptcy on proof of trading (s. 86). The debtor must file an accurate statement, on oath, of his debts and liabilities of every kind, and of the names and residences of his creditors, and of the causes of his inability to meet his engagements, within the time after filing his petition, and in the form directed by the general orders (s. 93). If the debtor believe the debts provable under the bankruptcy to amount to a sum not exceeding £300, that fact must be stated on oath (s. 94). If he do not obtain adjudication within twenty-four hours after filing the petition the Court may proceed to adjudge the debtor a bankrupt on the petition of any competent creditor (s. 96).

Time for creditor obtaining adjudication.-If the petitioning creditor do not obtain adjudication within three days after his petition, or within any extended time allowed by the Court, the Court may, at any time on the expiration of the original or extended time, upon the petition of any other creditor to a competent amount, proceed to adjudicate on such last-mentioned petition (s. 96).

ADJUDICATION AGAINST NON-TRADER.

The distinctions in the steps requisite to obtain adjudication against a non-trader arise only in the matters of the petitioning creditor's debt, and the act of bankruptcy. As to the debt of the petitioning creditor of any debtor not being a trader, and not being at the time a prisoner against whom such creditor would have been entitled to obtain a vesting order in insolvency if the new act had not passed, it must be a debt contracted after 6th August, 1861 (s. 90).

As to the acts of bankruptcy which a non-trader may commit (ss. 69, 70, 71), they are as follows (an essential element of the first two being that they are done with intent to defeat or delay creditors):

1. Departing the realm, or being out of this realm, with such intent remaining abroad (s. 70). But before any adjudication in bankruptcy can be made against the debtor for such causes the Court must be satisfied that certain requisites have been observed as to service of and memorandum on the petition for adjudication (s. 70).

2. Making any fraudulent conveyance, gift, delivery, or transfer of his real or personal estate, or any part thereof respectively (s. 70). 3. Lying in prison for two months under an arrest or detainer for debt (s. 71).

4. Escaping from custody when arrested, committed, or detained for debt (s. 71.)

5. Filing a declaration signed by the debtor, and attested by the Registrar of the Court, or an attorney, that he is unable to meet his engagements.

6. Filing a petition against himself, or having had filed against him a petition, in the Insolvent or Bankruptcy Court in any of the colonies or dependencies of the British Crown (s. 75).

7. Not paying or securing any judgment of £50 (exclusive of costs) upon which a Judgment Debtor's Summons has issued (ss. 76-84). See s. 77 as to decrees and orders in Equity, Bankruptcy, and Lunacy.

Paupers, lunatics, and prisoners for debt.-There are some special provisions in the Act as to these classes of debtors (ss. 98-107). Fraudulent, &c., petition for adjudication.-In the case of a petition for adjudication being fraudulently or maliciously filed, the new

Act gives a summary remedy on petition instead of putting the bankrupt, as formerly, to an action for damages (s. 91).

Pay, half-pay, sequestration of profits of clergyman's benefice.The Court may order such portion of the pay, half-pay, salary, emolument, or pension of any bankrupt as, on communication trom the Court, the chief officer of the department to which such bankrupt may belong or may have belonged, or under which such pay, half-pay, salary, emolument, or pension may be enjoyed by such bankrupt, may officially sanction to be paid to the assignees to be applied in payment of the debts of such bankrupt (s. 134). If any bankrupt be a beneficed clergyman the assignees may obtain a sequestration of the profits of the benefice of such bankrupt, as part of the bankrupt's estate (s. 135).

Allowance to bankrupt.-The bankrupt has not now, as formerly, £20 worth of excepted articles of furniture, &c., allowed him, nor any allowance of a like nature; but at the meeting to be held, under s. 174 (four months after the date of adjudication), the majority in value of the creditors present are to determine whether any and what allowance shall be made to the bankrupt out of his estate, if he has obtained or shall obtain a discharge, which discharge, as will be seen, is in lieu of a certificate (s. 109). The effect of this provision on the allowance under the Act of 1849 is not clear.

Bankrupt's leases.-In every case of a lease or an agreement for a lease the assignees may elect to take the same and the benefit thereof, and to keep possession of the premises up to some quarter or half-yearly day on which rent is made payable by the lease or agreement, such day not being more than six months from the adjudication, and upon such day to decline such lease or agreement for a lease (s. 131).

Lien, &c., on bankrupt's books. No one, whether solicitor, accountant, or other person, can, as against the assignees, claim any lien on the bankrupt's books of account, or withhold possession of them from the assignees (s. 121).

Executions against goods of debtors.-The Act has introduced an important amendment of the law of debtor and creditor in the two following clauses relating to execution against the goods of a debtor ; by the first of which (s. 73) if any execution be levied by seizure and sale of any goods of a trader debtor, upon a judgment recovered in an action personal for any debt or money demand exceeding £50, such debtor is deemed to have committed an act of bankruptcy from the date of the seizure. Unless, however, in the meantime a petition for adjudication of bankruptcy against the debtor be presented, the officer is to proceed with the execution,

The

and at the end of seven days after the sale pay over the proceeds, or so much as ought to be paid, to the execution creditor, who will be entitled thereto notwithstanding such act of bankruptcy, unless the debtor be adjudged a bankrupt within fourteen days from the day of the sale, in which case the money received by the creditor shall be paid by him to the bankrupt's assignees, deducting, however, the costs and expenses of the action and execution. other clause referred to (s. 74) provides that whenever the goods and chattels of a debtor (whether trader or not) are sold under an execution upon a judgment recovered in any action or suit brought for a debt, money demand, or damages exceeding £50, the goods shall in all cases, unless the Court shall otherwise direct, be sold by public auction, and not by bill of sale or private contract. The sale must be publicly advertised on and during three days next preceding the day of sale (s. 74).

PROCEEDINGS AFTER BANKRUPTCY.

First meeting. Winding-up estate. By s. 185, at the first meeting of creditors held after adjudication, or at any meeting to be called for the purpose, after ten days' notice in the London Gazette, three-fourths in number and value of the creditors present or represented at such meeting may resolve that the estate ought to be wound up under a deed of arrangement, composition, or otherwise, and that an application shall be made to the Court to stay proceedings in the bankruptcy for such period as the Court shall think fit. By s. 186 the registrar is to report the resolution to the Court within four days; and the bankrupt, or any creditor nominated in that behalf by the meeting, may then apply to the Court that the proceedings in bankruptcy be stayed in the terms of such resolution; and the Court may confirm the same, and make order accordingly, and therein give any directions as to the interim management of the estate as it shall deem expedient. By s. 187, the proceedings in bankruptcy being stayed, the bankrupt, or any nominated creditor, may, at any time within the period during which the proceedings are so stayed, produce to the Court a deed of arrangement, signed by or on behalf of three-fourths in number and value of all the creditors of the bankrupt; and the Court may, after inquiry, &c., by order make a declaration of the complete execution of the deed, and direct the same to be registered with the chief registrar, and also, if it thinks fit, annul the bankruptcy. Such deed will thereafter, and on registry, be binding in all respects on any creditor who has not executed the deed as if he had executed it. By s. 188 the Court has jurisdiction to entertain any application of the bankrupt, or of any party to the deed, or of any