A

BILL

[AS AMENDED IN COMMITTEE]

ΤΟ

Provide for the winding-up of the business of the late Court A.D. 1869. for the Relief of Insolvent Debtors in England, and to repeal Enactments relating to Insolvency, Bankruptcy, Imprisonment for Debt, and matters connected therewith.

HEREAS it is expedient to provide for the winding-up of the
business of the late court for the relief of insolvent debtors in

England:

And whereas the enactments described in the schedule to this 5 Act relate to insolvency or bankruptcy, or imprisonment for debt, or to matters connected therewith, and the same either have ceased to be in force, or on the commencement of divers Acts of the present session will cease to be in force, and it is therefore expedient that the same be expressly repealed:

10 Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

15 1. This Act may be cited as The Bankruptcy Repeal and Insol- Short title. vent Court Act, 1869.

2. This Act shall not come into operation until the day on which CommenceThe Bankruptcy Act, 1869, comes into operation, which day is ment of Act, herein-after referred to as the commencement of this Act.

Temporary Provisions respecting Insolvent Debtors.

3. Words and expressions defined or explained in The Bank- Construction ruptcy Act, 1869, shall have the same meaning in this part of of part of this Act.

Act.

A.D. 1869.

Jurisdiction

Debtors

Court and of county courts.

4. The Court of Bankruptcy in London shall have all the jurisdiction, powers, and authorities possessed at the commencement of Insolvent of The Bankruptcy Act, 1861, by the late court for the relief of insolvent debtors in England (in this part of this Act called the late Insolvent Debtors Court), in relation to all matters then 5 pending in that court, and not completed at the commencement of this Act, and all matters at the commencement of this Act pending in that court or in the county courts under the Acts for the relief of insolvent debtors shall (subject to the express provisions of this part of this Act) be continued and completed therein as if this Act 10 had not been passed.

Appeal in cases of insolvency.

General

rules to be made by

court.

Delegation

15

5. Where any judge exercises any jurisdiction under this part of this Act there shall be the same right of appeal from any order made by him as is allowed by The Bankruptcy Act, 1869, in case of orders made by him in exercising jurisdiction under that Act. 6. Rules of court may be made in manner provided by The Bankruptcy Act, 1869, for the effectual execution of this part of this Act and of the objects thereof, and the regulation of the practice and procedure in proceedings thereunder, and the provisions of The Bankruptcy Act, 1869, with respect to the making of 20 rules of court shall apply accordingly.

Until rules have been made in pursuance of this section, and, so far as such rules do not extend, the principles, practice, and rules on which courts having jurisdiction in insolvency have heretofore acted in dealing with insolvency proceedings shall be 25 observed.

7. The judge of any court exercising jurisdiction under this part of authority of this Act may delegate to the registrar or to any other officer of by court. his court, such of the powers vested in him under this part of this Act as are allowed by the rules of court to be so delegated.

Saving for liability under insol

vent debtors

Acts.

Provision

for duties of provisional assignee.

30

8. Where a bankrupt has before adjudication of bankruptcy taken the benefit of any Act for the relief of insolvent debtors, nothing in The Bankruptcy Act, 1869, shall interfere with the operation of the Act of which he so took the benefit, in respect of the liability of property acquired after his discharge under that Act, 35 if and so far as any such liability would have existed if The Bankruptcy Act, 1869, had not been passed.

9. The person at the passing of this Act holding the office of provisional and official assignee of the estates and effects of insolvent debtors shall be deemed to have been duly 40 appointed, and shall (subject to the provisions of this Act) continue, on the same terms on which he then holds that

office, to perform the duties imposed on him by or under The A.D. 1869. Bankruptcy Act, 1861, or any other Act. If a vacancy occurs in that office at any time after the passing of this Act, the Lord Chancellor may appoint a fit person to perform the remaining 5 duties thereof, who shall receive such remuneration as the Lord Chancellor, with the concurrence of the Commissioners of Her Majesty's Treasury, from time to time directs, and the person so appointed shall have all the powers and authorities of the person who is at the passing of this Act the provisional and official 10 assignee; and all estates, rights, and effects vested at the time of the vacancy in the provisional and official assignee shall, by virtue of such appointment, become vested in the person so appointed, and the like appointment on a vacancy shall be made and the like vesting shall have effect from time to time as occasion requires.

15

Debtors

Court.

10. The provisional and official assignee of the estates and Receiver of effects of insolvent debtors and the person for the time being Insolvent appointed to perform the remaining duties of that office shall also be styled the Receiver of the late Insolvent Debtors Court, and as such he shall act in such manner in relation to the receipt and 20 custody of money paid to him or into court in respect of the estates of insolvent debtors, and to the payment thereof out of court, and give such security, as may be from time to time prescribed by the rules of court.

The accounts of the provisional and official assignee and receiver 25 shall be audited by such person and in such manner and at such times as may be prescribed by the rules of court.

Insolvent

11. The taxing master, clerks, and persons (other than the pro- Clerks and visional and official assignee) at the commencement of this Act officers of discharging duties connected with the late Insolvent Debtors Court Debtors 30 shall continue to discharge the same duties as at the commence- Court. 1861, s. 22. ment of this Act; and every such clerk and person appointed before the commencement of The Bankruptcy Act, 1861, shall hold his appointment during good behaviour, but may be removed by the Lord Chancellor, by order, for some sufficient reason therein stated. 35 If a vacancy happens in the place of any clerk or person to whom this section relates, the Lord Chancellor may, if he thinks fit, with the concurrence of the Commissioners of Her Majesty's Treasury, employ a fit person to discharge the duties of that place; and in the event of the duties of any such first-named clerk or person ceasing, 40 he shall, if the Lord Chancellor thinks fit, be appointed to discharge similar duties in the Court of Bankruptcy in London in case his services are required in that behalf, and if not so appointed his