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case and the proceedings, or such of them as may be required, shall be transmitted to the High Court for the purposes of the determination.

98. Subject to the provisions of this Act and to general rules Exercise in the judge of the High Court exercising jurisdiction in bank- High Court jurisruptcy may exercise in chambers the whole or any part of his diction. jurisdiction.

99. (1.) The registrars in bankruptcy of the High Court, and Jurisdiction in the registrars of a County Court having jurisdiction in bank- banikruptcy of

registrar ruptcy, shall have the powers and jurisdiction in this section mentioned, and any order made or act done by such registrars in the exercise of the said powers and jurisdiction shall be deemed the order or act of the court. (2.) Subject to general rules limiting the powers conferred by

this section, a registrar shall have power— (a.) To hear bankruptcy petitions, and to make receiving

orders and adjudications thereon : (6.) To hold the public examination of debtors : (c.) To grant orders of discharge where the application is not

opposed : (d.) To approva compositions or schemes of arrangement when

they are not opposed : (e.) To make interim orders in any case of urgency : (f.) To make any order or exercise any jurisdiction which by

any rule in that behalf is prescribed as proper to be

made or exercised in chambers : (9.) To hear and determine any unopposed or ex parte

application :
(h.) To summon and examine any person known or suspected

to have in his possession effects of the debtor or to be
indebted to him, or capable of giving information

respecting the debtor, his dealings or property.
(3.) The registrars in bankruptcy of the High Court shall
also have power to grant orders of discharge and certificates of
removal of disqualifications, and to approve compositions and
schemes of arrangement.

(4.) A registrar shall not have power to commit for contempt of court.

(5.) The Lord Chancellor may from time to time by order direct that any specified registrar of a County Court shall have and exercise all the powers of a bankruptcy registrar of the High Court.

100. A County Court shall, for the purposes of its bank- Powers of ruptcy jurisdiction, in addition to the ordinary powers of the County Court. court, have all the powers and jurisdiction of the High Court, and the orders of the court may be enforced accordingly in manner prescribed.

tions of court.

courts.

Board of Trade 101. Where any moneys or funds have been received by an to make payments in accord

official receiver or by the Board of Trade, and the court makes ance with direc- an order declaring that any person is entitled to such money's or

funds, the Board of Trade shall make an order for the payment

thereof to the person so entitled as aforesaid. General power of 102. (1.) Subject to the provisions of this Act, every court bankruptcy

having jurisdiction in bankruptcy under this Act shall have full power to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognisance of the court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.

Provided that the jurisdiction hereby given shall not be exercised by the County Court for the purpose of adjudicating upon any claim, not arising out of the bankruptcy, which might heretofore have been enforced by action in the High Court, unless all parties to the proceeding consent thereto, or the money, money's worth, or right in dispute does not, in the opinion of the judge, exceed in value two hundred pounds.

(2.) A court having jurisdiction in bankruptcy under this Act shall not be subject to be restrained in the execution of its powers under this Act by the order of any other court, nor shall any appeal lie from its decisions, except in manner directed by this Act.

(3.) If in any proceeding in bankruptcy there arises any question of fact which either of the parties desire to be tried before a jury instead of by the court itself, or which the court thinks ought to be tried by a jury, the court may, if it thinks fit, direct the trial to be had with a jury, and the trial may be had accordingly, in the High Court in the same manner as if it were the trial of an issue of fact in an action, and in the County Court in the manner in which jury trials in ordinary cases are by law held in that court.

(4.) Where a receiving order has been made in the High Court under this Act, the judge by whom such order was made shall have power, if he sees fit, without any further consent, to order the transfer to such judge of any action pending in any other division, brought or continued by or against the bankrupt.

(5.) Where default is made by a trustee, debtor, or other person in obeying any order or direction given by the Board of Trade or by an official receiver or any other officer of the Board of Trade under any power conferred by this Act, the court may, on the application of the Board of Trade or an official receiver or other duly authorised person, order such defaulting trustee, debtor, or person to comply with the order or direction so given; and the court may also, if it shall think fit, upon any such application make an immediate order for the committal of such

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 debtor's sum.. 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 Appoals in bankthis Act may review, rescind, or vary any order made by it 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 :

ruptcy.

(a) See ante, p. 137.

powers of the court.

as

(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

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, 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 virâ 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.

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

on his petition, the court may substitute as petitioner any other proceedings.

creditor to whom the debtor may be indebted in the amount required by this Act in the case of the petitioning creditor.

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 one partner.

present a bankruptcy petition against all the partners of a firm

Consolidation of

Continuance of

death of debtor.

some respon

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

partners to be 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 claim any 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

partnership

proceedings 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 may direct.

Officers. 116. (1.) No registrar or other officer attached to any court Disabilities of having jurisdiction in bankruptcy shall, during his continuance 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

contracts.

name.

officers,

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