Bankruptcy Repeal and Insolvent Court Act 1869

JurisdictionUK Non-devolved
Citation1869 c. 83
Year1869


Bankruptcy Repeal and Insolvent Court Act, 1869

(32 & 33 Vict.) CHAP. 83.

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

[9th August 1869]

Whereas 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 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divers Acts of the present session will cease to be in force, and it is therefore expedient that the same be expressly repealed:

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.

Preliminary.

S-1 Short title.

1 Short title.

1. This Act may be cited as TheBankruptcy Repeal and Insolvent Court Act, 1869.

S-2 Commencement of Act.

2 Commencement of Act.

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

I

PART I.

Temporary Provisions respecting Insolvent Debtors.

Temporary Provisions respecting Insolvent Debtors.

S-3 Construction of part of Act.

3 Construction of part of Act.

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

S-4 Jurisdiction of Insolvent Debtors Court and of county courts.

4 Jurisdiction of Insolvent 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 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 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 had not been passed.

S-5 General rules to be made by court.

5 General rules to be made by court.

5. 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 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 observed.

S-6 Delegation of authority by court.

6 Delegation of authority by court.

6. The judge of any court exercising jurisdiction under this part of this Act may delegate to the registrar or to any other officer of 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.

S-7 Saving for liability under Insolvent Debtors Acts.

7 Saving for liability under Insolvent Debtors Acts.

7. 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, if and so far as any such liability would have existed if The Bankruptcy Act, 1869, had not been passed.

S-8 Provision for duties of provisional assignee.

8 Provision for duties of provisional assignee.

8. 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 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 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 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 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.

S-9 Receiver of Insolvent Debtors Court.

9 Receiver of Insolvent Debtors Court.

9. The provisional and official assignee of the estates and effects of insolvent debtors and the person for the time being 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 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 may be audited by such person and in such manner and at such times as may be prescribed by the rules of court.

S-10 Clerks and officers of Insolvent Debtors Court.

10 Clerks and officers of Insolvent Debtors Court.

10. The taxing master, clerks, and persons (other than the provisional and official assignee) at the commencement of this Act discharging duties connected with the late Insolvent Debtors Court shall continue to discharge the same duties as at the commencement 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. 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, 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 office shall be abolished, and he shall be awarded the same compensation as if his office had been abolished by The Bankruptcy Act, 1869.

S-11 Salary of provisional assignee.

11 Salary of provisional assignee.

11. The person who is at the passing of this Act the provisional and official assignee shall as long as he remains in office receive the same salary as at the commencement of this Act.

S-12 Salaries of clerks and officers of court.

12 Salaries of clerks and officers of court.

12. The clerks and persons (other than the provisional and official assignee) who under this Act discharge duties connected with the late Insolvent Debtors Court shall as long as they discharge such duties continue to receive the same salaries as at the commencement of this Act.

S-13 Saving for right to superannuation allowance, &c.

13 Saving for right to superannuation allowance, &c.

13. Nothing in The Bankruptcy Act, 1869, or this Act shall deprive any person holding at the commencement of this Act any office or place in the late Insolvent Debtors Court of any benefit to which at or after the commencement of this Act he is or may become entitled by virtue of any Act relating to superannuation allowances; and the service of any such person in the Court of Bankruptcy in London shall, in relation to superannuation allowance, retiring pension, and compensation annuity on abolition...

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