Star.
London, England, 1831-07-25 00:00:00

N°. 13,844.

LORD BROUGHAM'S BILL,
111TitaLED
AN ACT TO ISTABLISH A COURT IN BANNIMPTCY

V• We hasten to lay before the public the copy of a Bill
interesting to so many thousand persons. from which wr
have erased only a few clauses relative to official parties, and
the forms of their appointment. _ _

lisiabliehmest of a Court of Bankruptcy.—To the end
that the rights, as weU of the bankrupts themselves as of
their creditors, may be enforced with as little expellee, delay. 1
and uncertainty as possible, be it enacted, that it shall and
may be lawful for his Majesty, his heirs and =censors, by
'barter or letters patent under the great seal of the United
Kingdom of Great Britain and Ireland, to erect and establish
a Oremt-ef Judieliturai "kith shill be celled " The Quart pt,

appoint-one maw, Ilielaga asejseat or a banister at law of not
ken than. ten yeas dandle& to be the Chief Judge of the
said court, and three persons, being serjeants or barristers at
,-law of not less than tea years standing, to be other judges
of the said court, and six persons, being barristers at law of
I not less than seven years standing, to be called commisrion-
ers 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.
The Court of Revisor.—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 other-
wise directed by this act, or by the rules and regulations to
be made in pursuance hereof, and shall have supninten.
dance and controul in all matters of bankruptcy, and shall
also have power, jurisdiction, and authority to hear and de.
terming, 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 mat.
ten may have arisen in the said Court of Bankruptcy or
elsewhere, except as hereinafter mentioned, and also to in-
vestigate, examine, hear, and determine, all such other mat-
ters within the jurisdiction of the said Court of Battrlausetcsys
ref!
as are b this act or may be by the said rules and reic
asst and referred to the said Court of Review.
Court of Review may direst laud.—That it skull ha
lawful for the said Court of Review to direct any Yee of
fact arising therein to be tried by a jury beam 11110 of the
judges thereof, and to issue process to compel the alleedattee
of jurors and witnesses, and to enforce the orders and de.
cress of the said Court of Review, and to that end to exec.
cise all the powers vested for such purposes in any of His
Majesty's Courts of Record at Westminster.
Coals in Art Court of Revieto....That all coots of suit be.
tween 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.
Subdivision Courts..—That the said six commissioners
may be famed into two subdivision courts, consisting of
three commissioners for each court, for hearing and deter-
ming the matters and things and making the examinations
hereinafter referred thereto ; and all references Or adjourn-
ments by a single Commissioner to a subdivision court, by
virtue of this act, shell be to the subdivision court to which
be belongs, unless the said commbakeser, in we of the sick.
news of some one or more of the commissiocers of such sub.

division court, or other sufficient cause, shall think tit other.
wise to direct; and the said subdivision courts may sit
either in public or private, as they shall see lit, unless when
it shall be otherwise provided by this act, or by the rules
to be made as herein-after mentioned.

The Powers V Cuswedssionera--That in every
.bank.
rupees, prosecuted in the said Court of Bankruptcy it alsall
and may be lawful for any one or more of the said six Com-
misidoners 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 re-
spects as if they or any one or more 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 of Great 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 brought up before
a subdivision court, to which court such examination shall
be adjourned.
All Attorneys and Solicitors may practise in this Court.
—That all Attorneys and Solicitors of any of the superior
Courts of law or equity at Westminster may be ad-
mitted and have their names enrolled in the said Court of
Bankruptcy, without any fee or charge other than such as
dud' be allowed by this act, or any rule or regulation to be
made in pursuance thereof, and may appear and plead inlay
proceedings in the said Court without being required to Me
ploy counsel, (except in proceedings before the said Courts(
Review, and upon the trial of issues by jury) ; and in ems
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 be deemed guilty of a
contempt of the said court, and be liable to all the ;penalties
incident thereto, on complaint thereof made to the Coo
of Review; and that all the laws and statutes any in
force concerning attorneys and solicitors shall extend OD
attorneys and solicitors practising in the said Court of
Bankruptcy.
The Lord Chancellor to issue a Flat its lieu of a Caw.
mission.—Thai in every case wherein the Lord Chancellor.
by virtue of any former act, lath power to issue a commis:
Poo of bankrupt under the great seal, it shall and may be
lawful for him, and also for the Master of the Rolls, the
Vice Chancellor, anti each of the Masters of the Court of
Chancety acting under any appointment by the Lord Chan-
allot to be given for that purpose, on petition made to the Lord
Chancellor against any trader having committed any act of
bankruptcy by any creditor of such tiader' and upon his filing
swab affidavit and giving such bond as is by law required, to
Issue his fiat under his band In lieu of such commission,
thereby authorising such creditor to prosecute his said com-
plaint in the said Court of Bankruptcy, or to prosecute the
same elsewhere before such discreet and proper person as
the Lord Chancellor, or as the Master of the Rolls Vise
Chancellor, or one of the Masters of the Court of Clos.
eery, acting as aforesaid, by such fiat may think fit to no-
minate and appoint ; and that the persons so appointed
shall thereby have the like power and authority to all
intents and purposes as if they were assigned and ap-
,poisted Special Commissioners by virtue of a commission
oder the great seal.
Appointment of Country Commissioners, and Fiats to
ifiess.—That the judges who go the several circuits
it England and Wales, may be directed by the Lord
Chancellor from time to time to return to hint the
MIN of such number as he shall think Si to require of
Inadatan, solicitors and attomies practising in the counties
dissald circuits belonging, and upon such persons being
ineennill, and approved by the Lord Chancellor, the fiat or
tials shessald not directed to the Court of Bankruptcy shall
be divested to some one or more of such persons in rotation,
asseeding to the districts or places for which such persons
ebell be so returned, and to no other person than such as
shah be included in such return : provided always, that it
shall be lawful for the Lord Chancellor at any time to re-
move any person from the lists to be so returned, for such
cause as to him shall seem fit.
Provisions of former Acts applicable to this Act.—That
all the laws and statutes, rules and orders, now In force re-
lating to bankrupts, or to commissioners of bankrupt, or to
proceedings under such commissions, or to the subject mat.
ten of such proceedings, or to the persons concerned therein
or in any way affected thereby, shall in like manner extend
and be construed to extend in every respect, as far se die
mane may be applicable, to this act, and to fiats hod Is
pursuance thereof, and to all proceedings under the m‘
and to all the subject matters of such proceedings, and to al
paeans coneerned therein or in any way of thereby, to
,cll.lnirata and purposes whatsoever, as if every such fiat were
a commission of bankrupt under the great seal of the united
kingdom of Great Britain and Ireland, save and except as
may be otherwise directed by this act.