6 & 7 WILL. IV. CAP. 47. An Act to continue until the First Day of March, One thousand eight hundred and thirty-nine, and from thence to the End of the then next Session of Parliament, the several Acts relating to Insolvent Debtors in India. [28th July, 1836.] I. [After reciting the statutes 9 Geo. 4, c. 73, 2 Will. 4, c. 43, and 5 Will. 4, c. 79,] IT is enacted, That the said acts shall be and the same are hereby continued until the first day of March, 1839, and from thence until the end of the then next session of parliament. II. And whereas it may have happened that divers acts have been done since the first day of March last, pursuant to the provisions in the said recited acts contained, and doubts may be entertained of the validity or efficacy of such acts or of some of them, and it is expedient that such doubts should be removed, be it therefore enacted and declared, That all acts, deeds, matters, and things whatsoever which shall have been made or done on or subsequent to the first day of March last, and which would have been valid and effectual if the said several acts had been then in force, are and shall be and shall be held, adjudged, deemed, and taken to be as valid and effectual, to all intents and purposes, as if the said recited acts had not expired, and this act had passed on the twenty-ninth day of February last. GENERAL RULES AND ORDERS OF THE Court of Bankruptcy. Affidavit and IT is ordered that all affidavits and other documents documents to directed to be filed in the Court of Bankruptcy, be filed with the Registrars of the Court.-[See Arch. B. L. 3.] be filed with registrar. Registrars' office. Attornies and II. That the Registrars' Office shall be at the Court of Commissioners of Bankrupts, in Basinghall-street, in the city of London, and shall be kept open daily, Sundays only excepted, in the morning from 10 to 4, and in the evening from 7 to 9.-[See Arch. B. L. 3.] III. That attornies and solicitors shall be admitted and solicitors ad- enrolled in the Court of Bankruptcy, by order of the Court of Review.-[See Arch. B. L. 27.] mitted and enrolled. Attornies and solicitors, how admitted IV. That every attorney and solicitor of any of the su perior courts at Westminster may be admitted and enrolled and enrolled. in the said Court of Bankruptcy, upon the production of a certificate from the proper officer, and upon filing his own affidavit of his being such attorney or solicitor, and of the date of his former admission, such affidavit to be sworn by him, if residing in London or within ten miles thereof, be fore the Court of Review; and if residing elsewhere, befor a Master in ordinary or extraordinary in Chancery.-[Se Arch. B. L. 27.] Registrars' book or roll. V. That a Roll or Book shall be kept by the Registrars where shall be enrolled the names of all attornies and solici tors admitted in the Court of Bankruptcy, on payment to Fee for enrol- the Registrar of a fee of 5s. for such admission and enrol ment. Such fee to be applied in the first instance to the pay ment of the expense of preparing such roll and the book ment. necessary for the due registration of the names, and the surplus to the same purpose as the fees in the second schedule of the statute 1 & 2 Will. 4, c. 56.-[See Arch. B. L. 3, 27.] tices, &c. up on the attor VI. That the Registrars or their deputies shall forthwith Registrars' cause to be prepared a proper alphabetical book, for the pur- book, puralphabetical poses after mentioned; and that the same shall be publicly poses of. kept at the Registrars' Office, to be there inspected by any such attorney or solicitor as aforesaid, or his clerk, without fee or reward; and that every attorney or solicitor admitted in the Court of Bankruptcy, and residing in London, or within ten miles thereof, shall, upon his admission, enter in such book, in alphabetical order, his name and place of abode, or some other proper place in London, Westminster, or the borough of Southwark, or within one mile of the said office, where he may be served with notices, summonses, Service of noorders, and rules, in matters depending in the said court; and as often as any such attorney or solicitor shall change ney or solicihis place of abode, or the place where he may be served as tor. foresaid, he shall make the like entry thereof in the said book; and that all notices, summonses, orders, and rules, which do not require personal service, shall be deemed ufficiently served on such attorney or solicitor, if a copy hereof be left at the place lastly entered in such book, with ny person resident at or belonging to such place; and if ny such attorney or solicitor shall neglect to make such entry, then the fixing up of any notice, or the copy of a ummons, order, or rule for such attorney or solicitor, in the ffice of the Chief Registrar, shall be deemed as effectual and sufficient as if the same had been served at such place f residence as aforesaid.-[See Arch. B. L. 3, 27.] missions, when trans ferred, to be VII. All existing commissions, when transferred to the Existing com. Court of Bankruptcy, shall be duly registered in the Regisrars' Office, in books to be kept for that purpose, and shall e prosecuted before such Commissioner as the Court of registered and Review shall appoint.-[See Arch. B. L. 3.] prosecuted before commissioners appointed by the Court. Assignees under existing commission VIII. That the Assignees appointed under such commisions shall be at liberty to retain, until further order, the ustody of the commission and proceedings heretofore taken hereon, according to the present practice in bankruptcy.— ceedings. See Arch. B. L. 375.] to retain pro IX. That all proceedings before the Commissioner in the Proceedings Court of Bankruptcy shall be written on parchment or &c. and reto be written, aper of one uniform size, and shall remain of record in main of rehe said Court.-[See Arch. B. L. 31.] cord. Fiats to be filed within seven days, and no ap pointment for opening until filed. Fiats to be allotted to Commissioners, except second or renewed fiats. Name of the to be written X. That every fiat issued by the Lord Chancellor, to be prosecuted in the Court of Bankruptcy, shall be filed of record in the Registrars' Office, within seven days from the date thereof, and that no appointment for the opening of any such fiat shall be made until it shall have been so filed.-[See Arch. B. L. 3, 29, 81.] XI. That upon every application for an appointment for opening any fiat, the Registrar shall, in the presence of the solicitor applying for the same, allot such fiat, by ballot, to one of the Commissioners of the Court, according to the regulations to be from time to time prescribed by the Court of Review, except in cases of second or renewed fiats, which shall go to the same Commissioner before whom the former commission or fiat was prosecuted.-[See Arch. B. L. 29, 86, 87.] XII. That upon the making of an appointment for opening any fiat, the Registrar shall, in the presence of such aton the face of torney or solicitor, write upon the face of the fiat the name of the Commissioner before whom the same is to be opened. -[See Arch. B. L. 88.] the fiat. Fiats to be prosecuted before the XIII. That each fiat shall be prosecuted before the Com missioner so appointed, unless otherwise specially ordered Commissioner by the Court of Review, or one of the Judges thereof.-[See Arch. B. L. 88.] appointed, unless specially ordered. Time and place of the sittings of the Commission ers and Sub division Courts. Deputy Registrar, duties of. Memorandum ment in the Gazette. XIV. That the Commissioners shall sit daily, (Sundays, and holidays to be hereafter named, only excepted), at ten o'clock, at the Court of Commissioners of Bankrupt in Basinghall-street, and shall hold their Subdivision Courts at the same place as occasion may require.-[See Arch. B. L. 20.] XV. That a Deputy Registrar shall attend upon each Commissioner to take minutes of, to draw up, and have the charge of, all proceedings before him, under the superintendence of the Chief Registrar.-[See Arch. B. L. 3.] XVI. That in lieu of attaching a copy of the Gazette to of advertise- the proceedings in each bankruptcy, the Deputy Registra shall make a memorandum of the appearance of the adver tisement in the Gazette, and of the date thereof, with proper reference to the file, to facilitate search.—[See Arch B. L. 31. ii. 24.] Official Assignees to be divided among the Commission ers. XVII. That the Official Assignees be divided equall among the six Commissioners.-[See Arch. B. L. 161.] sioners of Of XVIII. That each Commissioner shall appoint his class Appointment of assignees to act in rotation under the several bankrupt- by Commiscies prosecuted before him; such rotation to be settled by ficial Assig ballot, according to such regulations as aforesaid, except in nees to act. special cases to be referred by the Commissioner adjudicating therein to the other Commissioners of his Subdivision Court, or the Court of Review.-[See Arch. B. L. 161.] missions. XIX. That the same rules for the appointment of Official Same as to Assignees shall be followed as to existing commissions; existing combut it is recommended, that no Official Assignee be appointed under commissions already opened, unless there appears good cause for so doing.-[See Arch. B. L. 161.] and the certi XX. That the appointment of any Assignee or Assignees Appointment to any bankrupt's estate shall be under the hand of the Com- of Assignees missioner, and shall remain of record in the said Court of ficate thereof. Bankruptcy; and certificates of such appointment, under the Seal of the Court, shall be delivered to such Assignee by the Registrar, upon application for the same.—[See Arch. B. L. 164.] XXI. That no Official Assignee shall either directly or Official Assigindirectly carry on any trade or business, or hold or be en- nees not to gaged in any office or employment other than his said office carry on trade, &c. and employment as Official Assignee.-[See Arch. B. L. 372.] XXII. That each Official Assignee shall find sureties to Official Assigthe extent of £6,000, and shall, together with such sureties, nees to find sureties, and (except where otherwise especially directed by the Court with the sureof Review), execute a joint and several bond to the two ties to execute Registrars for the time-being, and the survivor of them, in bond. the penal sum of £6,000.-[See Arch. B. L. 372.] nees and their XXIII. The Official Assignees to be made liable to the Liability of whole amount, and the sureties to be liable together to the Official Assiglike amount, in such proportions as shall be approved of by sureties. the Court of Review, provided that no one surety shall be made liable for more than £3,000, nor for less than £1,000. -[See Arch. B. L. 372.] death or insol XXIV. That each Official Assignee shall, on pain of Official Assighis dismissal, give immediate notice, in writing, to the nee to give Chief Registrar for the time being, of the death or insol- notice of vency of either of his sureties; and shall, if required, cause vency of his a new bond to be executed to the like amount by another sureties, and, surety, to be approved of as above.—[See Arch. B.L, 372.] find new sureif required, ty. XXV. That each Official Assignee shall follow the in- Official Assigstructions of the Commissioner under whom he acts, ac- nees to follow |