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debtor's summons to be bank

defaulting trustee, debtor, or other person ; provided that the power given by this sub-section shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default.

Judgment Debtors. 103. (1.) It shall be lawful for the Lord Chancellor by order Judgment to direct that the jurisdiction and powers under section five of the Debtors Act, 1869, (a) now vested in the High Court, shall be ruptcy business. assigned to and exercised by the judge to whom bankruptcy business is assigned.

(2.) It shall be lawful also for the Lord Chancellor in like manner to direct that the whole or any part of the said jurisdiction and powers shall be delegated to and exercised by the bankruptcy registrars of the High Court

(3.) Any order made under this section may, at any time, in like manner be rescinded or varied.

(4.) Every County Court within the jurisdiction of which a judgment debtor is or resides shall have jurisdiction under section five of the Debtors Act, 1869, although the amount of the judgment debt may exceed fifty pounds.

(5.) Where, under section five of the Debtors Act, 1869, application is made by a judgment creditor to a court, having bankruptcy jurisdiction, for the committal of a judgment debtor, the court may, if it thinks fit, decline to commit, and in lieu thereof, with the consent of the judgment creditor, and on payment by him of the prescribed fee, make a receiving order against the debtor. In such case the judgment debtor shall be deemed to have committed an act of bankruptcy at the time the order is made.

(6.) General rules under this Act may be made for the purpose of carrying into effect the provisions of the Debtors Act, 1869.

Appeals. 104. (1.) Every court having jurisdiction in bankruptcy under Appeals in bankthis Act may review, rescind, or vary any order made by it

ruptcy. under its bankruptcy jurisdiction.

(2.) Orders in bankruptcy matters shall, at the instance of any person aggrieved, be subject to appeal as follows: (a.) An appeal shall lie from the order of a County Court to

Her Majesty's Court of Appeal. (6.) An appeal shall lie from the order of the High Court to

Her Majesty's Court of Appeal :
(c.) An appeal shall, with the leave of Her Majesty's Court of

Appeal, but not otherwise, lie from the order of that
Court to the House of Lords :

(a) See ante, p. 137.

(d.) No appeal shall be entertained except in conformity with

such general rules as may for the time being be in force in relation to the appeal.

Procedure. Discretionary 105. (1.) Subject to the provisions of this Act and to general powers of the court.

rules, the costs of and incidental to any proceeding in court under this Act shall be in the discretion of the court: Provided that where

any issue is tried by a jury the costs shall follow the event, unless, upon application made at the trial, for good cause shown, the judge before whom such issue is tried shall otherwise order.

(2.) The court may at any time adjourn any proceedings before it

upon such terms, if any, as it may think fit to impose.

(3.) The court may at any time amend any written process or proceeding under this Act upon such terms, if any, as it may think fit to impose.

(4.) Where by this Act or by general rules, the time for doing any act or thing is limited, the court may extend the time either before or after the expiration thereof, upon such terms, if any, as the court may think fit to impose.

(5.) Subject to general rules, the court may in any matter take the whole or any part of the evidence either viva voce, or by interrogatories, or upon affidavit, or by commission abroad.

(6.) For the purpose of approving a composition or scheme by joint debtors, the court may, if it thinks fit, and on the report of the official receiver that it is expedient so to do, dispense with the public examination of one of such joint debtors if he is unavoidably prevented from attending the examination by illness

or absence abroad. Consolidation of 106. Where two or more bankruptcy petitions are presented petitions.

against the same debtor or against joint debtors, the court may consolidate the proceedings, or any of them, on such terms as the

court thinks fit. Power to change 107. Where the petitioner does not proceed with due diligence carriage of proceedings.

on his petition, the court may substitute as petitioner any other creditor to whom the debtor may be indebted in the amount

required by this Act in the case of the petitioning creditor. Continuance of 108. If a debtor by or against whom a bankruptcy petition proceedings on has been presented dies, the proceedings in the matter shall,

.
unless the court otherwise orders, be continued as if he were

alive. Power to stay 109. The court may at any time, for sufficient reason, make proceedings.

an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject

to such conditions as the court may think just. Power to present 110. Any creditor whose debt is sufficient to entitle him to petition against present a bankruptcy petition against all the partners of a firm

some respon

to be

trustee.

may present a petition against any one or more partners of the firm without including the others. 111. Where there are more respondents than one to a petition Power to dismiss

petition against the court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the dents only. other or others of them.

112. Where a receiving order has been made on a bankruptcy Property of petition against or by one member of a partnership, any other vested in same bankruptcy petition against or by a member of the same partnership shall be filed in or transferred to the court in which the first-mentioned petition is in course of prosecution, and, unless the court otherwise directs, the same trustee or receiver shall be appointed as may have been appointed in respect of the property of the first-mentioned member of the partnership, and the court may give such directions for consolidating the proceedings under the petitions as it thinks just.

113. Where a member of a partnership is adjudged bankrupt, Actions by the court may authorise the trustee to commence and prosecute bankrupt's any action in the names of the trustee and of the bankrupt's partners. partner; and any release by such partner of the debt or demand to which the action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not

benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.

114. Where a bankrupt is a contractor in respect of any con- Actions on joint tract jointly with any person or persons, such person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt.

115. Any two or more persons, being partners, or any person Proceedings in carrying on business under a partnership name, may take pro- name. ceedings or be proceeded against under this Act in the name of the firm, but in such case the court may, on application by any person interested, order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner and verified on oath, or otherwise as the court

claim any

contracts.

may direct.

Officers. 116. (1.) No registrar or other officer attached to any court Disabilities of having jurisdiction in bankruptcy shall, during his continuance officers. in office, be capable of being elected or sitting as a member of the House of Commons.

(2.) No registrar or official receiver or other officer attached to any such court shall, during his continuance in office, either

directly or indirectly, by himself, his clerk, or partner, act as solicitor in any proceeding in bankruptcy or in any prosecution of a debtor by order of the court, and if he does so act he shall be liable to be dismissed from office.

Provided that nothing in this section shall affect the right of any registrar or officer appointed before the passing of this Act to act as solicitor by himself, his clerk, or partner to the extent permitted by section sixty-nine of the Bankruptcy Act, 1869.

Orders and Warrants of Court. Enforcement of 117. Any order made by a court having jurisdiction in bankthroughout the ruptcy in England under this Act shall be enforced in Scotland United and Ireland in the courts having jurisdiction in bankruptcy in Kingdom

those parts of the United Kingdom respectively, in the same manner in all respects as if the order had been made by the court hereby required to enforce it; and in like manner any order made by a court having jurisdiction in bankruptcy in Scotland shall be enforced in England and Ireland, and any order made by a court having jurisdiction in bankruptcy in Ireland shall be enforced in England and Scotland by the courts respectively having jurisdiction in bankruptcy in the part of the United Kingdom where the orders may require to be enforced, and in the same manner in all respects as if the order had been made by the court required to enforce it in a case of bankruptcy

within its own jurisdiction. Courts to be 118. The High Court, the County Courts, the courts having auxiliary to each other. jurisdiction in bankruptcy in Scotland and Ireland, and every

British court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of those courts respectively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the court seeking aid, with a request to another of the said courts, shall be deemed sufficient to enable the latter court to exercise, in regard to the matters directed by the order, such jurisdiction as either the court which made the request, or the court to which the request is made, could exercise in regard to similar matters within their

respective jurisdictions. Warrants of 119. (1.) Any warrants of a court having jurisdiction in Bankruptcy Courts.

bankruptcy in England may be enforced in Scotland, Ireland, 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 indictable offence against the laws of England may be executed in those parts of Her Majesty's dominions respectively in pursuance of the Acts of Parliament in that behalf.

(2.) A search-warrant issued by a court having jurisdiction in

bankruptcy for the discovery of any property of a debtor may be executed 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.

120. Where the court commits any person to prison, the com- Commitment to mitment

may be to such convenient prison as the court thinks prison. expedient, and if the gaoler of any prison refuses to receive any prisoner so committed he shall be liable for every such refusal to a fine not exceeding one hundred pounds.

PART VII.-Small Bankruptcies. 121. When a petition is presented by or against a debtor, if Summary admithe court is satisfied by affidavit or otherwise, or the official small cases. receiver reports to the court that the property of the debtor is not likely to exceed in value three hundred pounds, the court may make an order that the debtor's estate be administered in a summary manner, and thereupon the provisions of this Act shall be subject to the following modifications : (1.) If the debtor is adjudged bankrupt the official receiver

shall be the trustee in the bankruptcy ; * (2.) There shall be no committee of inspection, but the official receiver

may do with the permission of the Board of Trade all things which may be done by the trustee

with the permission of the committee of inspection ;
(3.) Such other modifications may be made in the provisions

of this Act as may be prescribed by general rules with
the view of saving expense and simplifying procedure ;
but nothing in this section shall permit the modifica-
tion of the provisions of this Act relating to the

examination or discharge of the debtor.
Provided that the creditors may at any time, by special
resolution, resolve that some person other than the official
receiver be appointed trustee in the bankruptcy, and thereupon
che bankruptcy shall proceed as if an order for summary adminis-
sration had not been made.

122. (1.) Where a judgment has been obtained in a County Power for Court and the debtor is unable to pay the amount forthwith, and County Court to alleges that his whole indebtedness amounts to a sum not tration order

instead of order exceeding fifty pounds, inclusive of the debt for which the for payment by judgment is obtained, the County Court may make an order instalments. providing for the administration of his estate, and for the payment of his debts by instalments or otherwise, and either in full or to such extent as to the County Court under the circumstances of the case appears practicable, and subject to any conditions as to his future earnings or income which the court may think just.

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