Bankruptcy Court (England) Act 1831
| Year | 1831 |
(1 & 2 Will. 4) C A P. LVI.
[20th October 1831]
'WHEREAS an Act was passed in the Sixth Year of the Reign of His late Majesty KingGeorge the Fourth, intituled : And whereas it is expedient to provide Means of administering and distributing the Estate and Effects of Bankrupts, and of determining the Questions which from Time to Time arise touching the same, other than are provided by the said Act:' To the end that the Rights, as well of the Bankrupts themselves as of their Creditors, may be enforced with little Expence, Delay, and Uncertainty as possible, be it enacted by the King'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, That it shall and may be lawful for His Majesty, His Heirs and Successors, by Charter or Letters Patent under the Great Seal of the United KingdomofGreat Britain and Ireland , to erect and establish a Court of Judicature which shall be called ‘The Court of Bankruptcy,’ and by Commission under the Great Seal to appoint One Person, being a Serjeant or a Barrister at Law of not less than Ten Years standing, to be the Chief Judge of the said Court, and Three Persons, being Serjeants or Barristers at Law of not less than Ten Years standing at the Bar, or of Five Years standing at the Bar, having previously practised Five Years as a Special Pleader below the Bar, to be other Judges of the said Court, and Six Persons, being Barristers at Law of not less than Seven Years standing at the Bar, or of Four Years standing at the Bar, having previously practised as a Special Pleader for Three Years below the Bar, to be called Commissioners of the said Court, and from Time to Time to supply any Vacancy in the Number of the said Judges and Commissioners; and the same Court shall be and constitute a Court of Law and Equity, and shall, together with every Judge and Commissioner thereof, have, use, and exercise all the Rights, Incidents, and Privileges of a Court of Record or Judge of a Court of Record, and all other Rights, Incidents, and Privileges, as fully to all Intents and Purposes as the same are used, exercised, and enjoyed by any of His Majesty's Courts of Law or Judges at Westminster .
II The Court of Review.
II. And be it enacted, That the said Judges or any Three of them shall and may form a Court of Review, which shall always sit in public, save and except as may be otherwise directed by this Act, or by the Rules and Regulations to be made in pursuance hereof, and shall have Superintendance and Controul in all Matters of Bankruptcy, and shall also have Power, Jurisdiction, and Authority to hear and determine, order, and allow all such Matters in Bankruptcy as now usually are or lawfully may be brought, by Petition or otherwise, before the Lord Chancellor, whether such Matters may have arisen in the said Court of Bankruptcy or elsewhere, except as is herein otherwise provided, and also to investigate, examine, hear, and determine all such other Matters within the Jurisdiction of the said Court of Bankruptcy as are by this Act or may be by the said Rules and Regulations assigned and referred to the said Court of Review.
III Mode of Application to Court of Review.
III. And be it enacted, That all such Matters to be heard and determined in the said Court of Review shall be brought on by way of Petition, Motion, or Special Case, according to the Rules and Regulations to be established as herein-after provided, subject to an Appeal to the Lord Chancellor on Matters of Law and Equity, or on the Refusal or Admission of Evidence only; and in all Cases of Appealto the Lord Chancellor by virtue of this Act such Appeal shall be on a Special Case, and in no other Mode whatsoever, except the Lord Chancellor shall in any Case otherwise direct; which Special Case shall be approved and certified by One of the Judges of the said Court of Review in Matters arising in the said Court, and by the Judge trying the Issue in Matters arising out of the Trial of Issues; and the Determination of such Judge on the Settlement of such Case shall be final and conclusive: Provided always, that all Appeals to the Lord Chancellor by virtue of this Act shall be heard by the Lord Chancellor only, and not by any other Judge of the High Court of Chancery.
IV Court of Review may direct Issues.
IV. And be it enacted, That it shall be lawful for the said Court of Review to direct any Issue of Fact arising therein to be tried by a Jury before One of the Judges thereof, or before a Judge of Assize, and to issue Process to compel the Attendance of Jurors and Witnesses, and to enforce the Orders and Decrees of the said Court of Review, and to that end to exercise all the Powers vested for such Purposes in any of His Majesty's Courts of Record atWestminster .
V Costs in the Court of Review.
V. And be it enacted, That all Costs of Suit between Party and Party in the said Court of Review shall be in the Discretion of the Court, and shall be taxed by One of the Masters of the High Court of Chancery.
VI Subdivision Courts.
VI. And be it enacted, That the said Six Commissioners may be formed into Two Subdivision Courts, consisting of Three Commissioners for each Court, for hearing and determining the Matters and Things and making the Examinations herein-after referred thereto; and all References or Adjournments by a single Commissioner to a Subdivision Court, by virtue of this Act, shall be to the Subdivision Court to which he belongs, unless the said Commissioner, in case of the Sickness of some One or more of the Commissioners of such Subdivision Court, or other sufficient Cause, shall think fit otherwise to direct; and the said Subdivision Courts may sit either in public or private, as they shall see fit, unless where it shall be otherwise provided by this Act, or by the Rules to be made as herein-after mentioned.
VII The Powers of Commissioners.
VII. And be it enacted, That in every Bankruptcy prosecuted in the said Court of Bankruptcy it shall and may be lawful for any One or more of the said Six Commissioners to have, perform, and execute all the Powers, Duties, and Authorities by any Act or Acts of Parliament now in force vested in Commissioners of Bankrupt, in all respects as if they or any One or wore of them were in every Instance specially authorized and appointed for the Purpose by a separate Commission under the Great Seal of the United Kingdom ofGreat Britain and Ireland ; provided always, that no single Commissioner shall have Power to commit any Bankrupt or other Person examined before him otherwise than to the Care and Custody of a Messenger or other Officer of the said Court, to be by him detained in his Custody, and brought up before a Subdivision Court or the Court of Review within Three Days after such Commitment, for which Purpose one of such Courts shall be forthwith assembled, and to which Court such Examination shall be adjourned.
VIII Oath of Judges and Commissioners.
VIII. And be it enacted, That in lieu of the Oath directed to be taken by Commissioners under the said recited Act, every Judge and Commissioner to be appointed by virtue of this Act shall, before he shall be capable of acting in the Execution of any of the Powers and Authorities given by this Act, take an Oath in the Presence of the Lord Chancellor to the Effect following; (that is to say,)
'IA. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my Skill and Knowledge, execute the several Powers and Trusts reposed in me [as the Chief Judge or One of the Judges, or one of the Commissioners, as the Case may be , of the Court of Bankruptcy,] and that without Favour or Affection, Prejudice or Malice. So help me GOD.'
And any Judge or Commissioner having once taken the said Oath shall not again be required to take the same so long as he shall continue in Office.
IX Appointment of Registrars and Deputy Registrars.
IX. And be it enacted, That it shall be lawful for His Majesty, His Heirs and Successors, under His or their Royal Sign Manual, from Time to Time to appoint Two Registrars, and any Number not exceeding Eight Deputy Registrars, to act as such in the said Court of Bankruptcy, and to attend upon and assist the said Judges and Commissioners; which Officers so to be from Time to Time appointed shall hold their respective Offices during good Behaviour, notwithstanding the Demise of His Majesty or any of His Heirs or Successors: Provided always, that it shall be lawful for His Majesty, His Heirs and Successors, to remove any of such Officers upon a Certificate from the said Court of Review, or One of the Subdivision Courts, of some sufficient Reason, to be named therein, for such Removal.
X All Attorneys and Solicitors may practise in this Court.
X. And be it enacted, That all Attorneys and Solicitors of any of the superior Courts of Law or Equity atWestminster may be admitted and have their Names enrolled in the said Court of Bankruptcy, without any Fee or Charge other than such as shall be allowed by this Act, or any Rule or Regulation to be made in pursuance thereof, and may appear and plead in any Proceedings in the said Court without being required to employ Counsel (except in Proceedings before the said Court of Review, and upon the Trial of Issues by Jury); and in case any Person, not being an Attorney or Solicitor duly admitted as aforesaid, shall practise in the said Court of Bankruptcy as an Attorney or Solicitor, he shall...
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