Bankruptcy Act 1861

JurisdictionUK Non-devolved
Citation1861 c. 134
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Quarto. An Act to amend the Law relating to Bankruptcy and Insolvency inEngland .

(24 & 25 Vict.) C A P. CXXXIV.

[6th August 1861]

'WHEREAS it is expedient to amend the Laws relating to Bankruptcy and Insolvency inEngland: ' Be it 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:

As to the Court of Bankruptcy and the Commissioners thereof, their Powers and Jurisdiction:

As to the Court of Bankruptcy and the Commissioners thereof, their Powers and Jurisdiction:

S-1 As to Powers, &c. of Court of Bankruptcy.

1 As to Powers, &c. of Court of Bankruptcy.

1. The Court of Bankruptcy shall have and exercise, for the Purposes of this Act, all the Powers and Authorities of the Superior Courts of Law and Equity, and all the Jurisdiction, Powers, and Authorities now possessed by the Court for the Relief of Insolvent Debtors inEngland .

S-2 Present and future Commissioners of the Court in London.

2 Present and future Commissioners of the Court in London.

2. The present Commissioners of the Court of Bankruptcy shall continue to be Commissioners of the Court. Upon any Vacancy in the Office of Commissioner of the Court of Bankruptcy inLondon , such Vacancy shall not be filled up until the Number of Commissioners of the Court of Bankruptcy in London shall, by reason of such Vacancy, be reduced to less than Three, whereupon it shall be lawful for Her Majesty, by Commission under the Great Seal of the United Kingdom, to appoint a Person, being a Serjeant-at-Law, or Barrister-at-Law, of not less than Twelve Years standing at the Bar in England , to fill such Vacancy.

S-3 Jurisdiction of County Courts under this Act.

3 Jurisdiction of County Courts under this Act.

3. The Judge of every County Court (except of the Metropolitan County Courts) shall have and exercise within his respective District the like Jurisdiction, Powers, and Authorities, and perform the same Duties for and in respect of all Matters and Things coming before such County Court by virtue of this Act, as are vested in the Commissioners of the District Courts of Bankruptcy.

S-4 Power to transfer Jurisdiction, &c. of Commissioners to County Courts in case of Vacancies.

4 Power to transfer Jurisdiction, &c. of Commissioners to County Courts in case of Vacancies.

4. If upon any Vacancy in the Office of Commissioner of any Country District Court there shall no longer be a Commissioner for such District, Her Majesty shall have Power, by Order in Council, to transfer all the Jurisdiction, Powers, and Authorities held by the Commissioner to the Judges of the County Courts, or any of them, exercising Jurisdiction within such District or any Part thereof, and the Lord Chancellor shall have Power and Authority, by Order, from Time to Time to provide in all respects for the Exercise of Jurisdiction in Bankruptcy by such County Court Judges or Judge, and for the Continuance of the Exercise of their respective Duties in the whole or any Part of the District by the Official Assignees, Registrar, and other Officers attached to the Court of the Commissioner making such Vacancy.

S-5 Power to create additional County Courts, and to invest the Judges thereof with Jurisdiction in Bankruptcy, &c.

5 Power to create additional County Courts, and to invest the Judges thereof with Jurisdiction in Bankruptcy, &c.

5. In case it shall on any Occasion appear to Her Majesty in Council to be expedient to establish an additional County Court or Courts within any One or more of the Country Districts, and to invest the Judge or Judges thereof with the Jurisdiction, Powers, and Authorities of a Commissioner in Bankruptcy within the District or Districts that may be assigned to such Court or Courts, it shall be lawful for Her Majesty' by Order in Council, so to do, and also to make a new Arrangement of the Districts of the Bankruptcy and County Courts respectively, so as to assign a convenient District or Districts to such new Court or Courts, and to give from Time to Time all necessary Directions for the Establishment thereof, and such Order shall be laid before Parliament, and shall not come into Operation until Three Months afterwards.

S-6 Appointment, Qualifications, &c. of Judges.

6 Appointment, Qualifications, &c. of Judges.

6. The Judge of any such new Court shall be appointed by the Lord Chancellor, and shall be either a Serjeant-at-Law or a Barrister-at-Law, who shall be of Seven Years standing at the Bar inEngland , or who shall have practised as a Barrister and Special Pleader for at least Seven Years; and every such Judge, in addition to the Jurisdiction of a County Court Judge, shall have and exercise within the District assigned to him all the Jurisdiction, Powers, and Authorities of the Commissioners of the Country District Courts of Bankruptcy.

S-7 Oath to be taken by Judges before acting in Bankruptcy.

7 Oath to be taken by Judges before acting in Bankruptcy.

7. Every Judge of a County Court shall, before acting in Bankruptcy, take at any Quarter Sessions the following Oath:

'IA. B. do solemnly and sincerely promise and swear, That I will duly and faithfully, and to the best of my Skill and Power, execute the Office of County Court Judge acting in Bankruptcy.

So help me GOD.'

And such Oath shall be recorded in the Court of the Judge taking the same.

As to the Officers of the Court:

As to the Officers of the Court:

S-8 Chief Registrar, &c. to hold Office during good Behaviour, &c.

8 Chief Registrar, &c. to hold Office during good Behaviour, &c.

8. The Persons now discharging the Duties of Chief Registrar, Registrars, Taxing Master, and Official Assignees of the Court of Bankruptcy inLondon , and in the several District Courts of Bankruptcy, shall retain and hold Office during good Behaviour, subject to Dismissal by the Lord Chancellor, by Order, for some sufficient Reason to be set forth in such Order. Upon any Vacancy in the Office of Registrar, such Vacancy shall be filled up by the Lord Chancellor.

S-9 Power to appoint additional Registrars.

9 Power to appoint additional Registrars.

9. If the Lord Chancellor shall at any Time, by Order, declare that, having regard to the State of the Business of the Court of Bankruptcy and the Duties of the Registrars, he is of opinion that additional Registrars ought to be appointed, either inLondon or in any Country District, it shall be lawful for the Lord Chancellor to appoint such additional Registrars.

S-10 As to Duties of County Court Registrars.

10 As to Duties of County Court Registrars.

10. The Registrars of the several County Courts exercising Jurisdiction under this Act shall discharge the Duties of Registrar and Official Assignee in all Matters under this Act within their several Districts in such Manner, and shall give such Security in respect of such Office of Official Assignee, and shall receive such Remuneration in respect of such Services, as General Orders shall direct; and all the Enactments herein contained with respect to Official Assignees shall apply to the Registrars of the County Courts as to all Matters under this Act prosecuted therein.

S-11 As to Duties of High Bailiffs of County Courts.

11 As to Duties of High Bailiffs of County Courts.

11. The High Bailiffs of the several County Courts exercising Jurisdiction under this Act shall discharge the Duties of Messenger in all Matters of Bankruptcy within their several Districts in such Manner, and shall give such Security in respect of such Duties, and shall receive such Remuneration in respect of such Services, as General Orders shall direct.

S-12 Abolition of Office of Accountant in Bankruptcy when Vacant.

12 Abolition of Office of Accountant in Bankruptcy when Vacant.

12. Upon the First Vacancy in the Office of Accountant in Bankruptcy the Office shall be abolished, and the Duties thereof shall thereafter be discharged by the Chief Registrar, and the several Funds standing in the Books of the Bank ofEngland to the Credit of such Accountant shall be transferred to such Account or Accounts in the Name of the Chief Registrar, and in such Manner, as General Orders shall direct.

S-13 Taxing Master.

13 Taxing Master.

13. All Bills of Costs, Charges, Fees, and Disbursements of Solicitors and Attorneys in Matters under this Act before the Court of Appeal in Chancery sitting in Bankruptcy and the Court inLondon , and such taxable Bills as may be specially referred to the Master by any District Court or any County Court, shall be taxed by the Master, subject to the Review of the Court in London .

S-14 Registrar in Country Districts to be Taxing Officers.

14 Registrar in Country Districts to be Taxing Officers.

14. In every Country District Court, and in every County Court exercising Jurisdiction under this Act, all Bills of Costs, Charges, Fees, and Disbursements aforesaid shall (unless where such Court shall otherwise direct) be taxed and settled by the Registrar of such Court, subject to Appeal to the Court of which he is Registrar. It shall be lawful for the Commissioner of any District Court, or Judge of any County Court, to refer any such Bills, or any Question thereon, to the Taxing Master inLondon .

S-15 As to Settlement of Charges of Auctioneers, Appraisers, Valuers, and Accountants.

15 As to Settlement of Charges of Auctioneers, Appraisers, Valuers, and Accountants.

15. All Charges, Fees, and Disbursements of any Auctioneer, Appraiser, Broker, Valuer, or Accountant, or any other Person, not being an Attorney or Solicitor, in any Matter under this Act or any other Act in force relating to Bankrupts, shall be settled by the Master, except such Charges, Fees, or Disbursements as shall be incurred in any District Court or County Court, and in such Cases shall be settled by the Registrars of the Court in which they arise, in such Manner as...

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