Great Britain.

The Bankruptcy act, 1861: incorporating so much as remains in force of the ... online

. (page 26 of 38)
Online LibraryGreat BritainThe Bankruptcy act, 1861: incorporating so much as remains in force of the ... → online text (page 26 of 38)
Font size
QR-code for this ebook


CXXY. That each Official Assignee shall, on the
1st day of January in every year, or within one week
then next following, make a declaration in writing,
to be filed with the Chief Begistrar, that to the best
of his knowledge and belief his sureties are alive and
solvent, and in such declaration state, to the best of
his knowledge and belief, any change of residence of
any or either of such sureties.

CXXVI. Each Official Assignee shall, on pain of
dismissal, give immediate notice in writing to the
Chief [Registrar of the death, bankruptcy, or insol-
vency of any or either of his sureties, and shall, if
required, cause a new bond to be executed to the like
amount by another surety or sureties, to be approved
of as above.

CXXVIL Each Official Assignee shall follow the
instructions of the Commissioner under whom he
acts.

CXXVIII. That no Official Assignee shall keep
under his control upon any one estate more than
100?. ; or in the aggregate of monies of bankrupts'
and petitioning debtors* estates, more than 1000?;
and any excess beyond such sum shall be paid by him
forthwith into the Bank of England.

C!]£XIX That the Official Assignees, at the time
of paying monies into the Bank of England, shall
state in writing, delivered therewith to the cashier
of the Bank, in the form specified in the schedule
hereunto annexed (No. 4), the date and amount of
the payment, the name of the Official Assignee making
it, the name and description of the bankrupt or bank-
rupts to whose estate the money belongs, and that it ia
to be placed to the credit of the Accountant in Bank-
ruptcy ; and the Official Assignee shall take a receipt
for the same from the cashier of the Bank, and on the
same day carry or transmit it to the office of the
Accountant in Bankruptcy, who will give a proper
voucher for such receipt, and that the money is placed
to the credit of the estate of the said bankrupt or
bankrupts, in the books kept in the office of th^



d by Google



EULES AND ORDERS, 1852, 833

Accountant in Bankruptcy, such voucher to be pro-
duced when called for by the Court.

Gen. ord., 130, " Allowance of Oflacial Assignees,"
win, as to the remuneration of Official Assignees, be
no longer operative, as under the Bankruptcy Act,
1861, 8. 31, these officers are to be paid by salary.

CXXXI. That the Official Assignee shall enter in official
a book, to be called the register estate book, the Assignee to
names of the bankrupts in the commissions, fiats, gSter*o?the
and petitions to which he shall have been or shall be ban^pt-
appointed. ^^®^-

OXXXII. That the Official Assignee shall keep Particular
the following set of books, in size, aud form heretofore to^kept^
used ; that is to say, register estate book (No. 1) ; by the
register book of bankrupt's books delivered to Official 2^^
Assignee under each estate (No. 2) ; debtor and pro- "^^^®^^^-
perty book ; rough cash book ; fair cash book ; rough
journal, fair journal (for bills of exchange, securities,
&c.) ; ledger ; letter book ; petty cash and postage
book ; audit book.

CXXXIII. That the Official Assignee, forthwith OfficialAs-
after his appointment under any bankrupt's estate, gj,^^^
shall sort and number the books, papers, and writings number
of the bankrupt, with the number of the estate, in the ^*?^!l**^x
register estate book, and the number of each book, ^fbankrupt,
thus : —

[54. (The number of the estate in the register

estate book.)
76. (The number of the book, paper or writing
received by the Official Assignee.)]
and the Official Assignee shall file a list thereof, with
the proceedings, and shall also forthwith after his
appointment deliver to the bankrupt a written notice
or letter in the form sp/ecified in the Schedule hereunto
annexed (No. 1 ),

OXXXIV. That the Official Assipee shall direct. Official
in the form specified in the Schedule hereunto annexed ^^^^J^
(No. 2), the payment of all monies due to any bank- payment of
rupt's estate from any one person, or from two or J^°^®J ^^
more persons being partners, and carrying on busi- ropfs^e^te
ness or residing in England, and exceeding in amount fromper-
the sum of 500?., and of all monies being in the hands ^^j^^a
or under the control of any assignee or assignees S exceed-
chosen by the creditors of any bankrupt's estate to in? » cer-
which such Official Assignee shall have been appointed, J^^tto^
into the Bank of England, to the credit of the Accountant be made



d by Google



834 BULES AND OBDEBS, 1852.

<iirectinto in Bankniptoy, and for the particular estate to wbich

KS "^ «^^^ ^O^^y ^^^ ^long-
Party mak- CXXX V. That when any money shall be paid into
ix^^ch the Bank of England, pnrsaant to the directions afore-
payment to said, the person 80 paying such money shall receive a
^^t foTthe certificate in the form specified in the Schedule here-
same, onto annexed (No. 3), from one of the cashiers of such
bank, of his paying the same, and of its being placed
to the account of the Accountant in Bankruptcy for
the proper estate, and a voucher for such payment
shall be sent by the bank on the same day to the said
Accountant.
Accountant CXXXVL That as soon as convenientiy may be
in Bank- after every such payment, the Accountant in Bank-
no§^^8^ ruptcy shall certify in writing to the proper Official
payment to Assignee that such payment has been maae, and the
^ Jjyper name of the bankrupt or bankrupts to the credit of
gj^^ whose estate the money has been placed in the
books kept in the office of the Accountant in Bank-
ruptcy.
Alimonies CXXXVII. That all monies without exception
under the received by the Official Assignee, and not paid by him
th? oS^ forthwith into the Bank of England to the credit of
Assignee to the Accountant in Bankruptcy, shall be paid by the
be kept at a Official Assignee, as soon as they shall amount to 100^.,
wT^^otm? ^^^ *^® hands of a banker, with whom such Official
as Official Assignee shall keep an account as such Official Assig-
Assignee, ^ee, such accouut to be entitled as Official ABsignee,
^ed with ^^^ ^^ which account no monies shall be entered, ex-
his own cept such as are received by the Official Assignee in
monies. ^^ official capaci]^.

Order for CXXXYIII. That all monies paid into the Bank
payment of of England to the credit of the Accountant in Bank-
S^^e Bank r^P^^Jj ^OT the estate of any person adjudged bank-
of England rupt, or in matters of bankruptcy, shall be subject to
^^n£if?s *^® ^^^^ ^^ * Commissioner of the Court of Bank-
estotetoi^ ruptcy, in writing imder his hand, and te^ified by a
made b^ a Registrar, as to <£e application thereof : Provided that
Sonerto ©Very such order shall specify the amount of any pay-
writing un- ment to be made by such order, the purpose to whi^
h^d!and ^* ^® *^ ^ applied, and the name of the Official Asaig-
tesi^^by ^^^ or Other person to whom the same is to be made
a Registrar; for such purpose ; and in cases where the sum to be
UonoF^' P^^ exceeds 600^., the name of the person beneficially
monev to be entitled (to whom only in such case the payment shau
^pec^ ^ ^ made), and the Accountant in Bankruptcy shall and



d by Google



RULES AND ORDERS, 1852. 835

may, pursuant to such order, pay the sum of money
specified therein, out of such bankrupt's estate, by a
draught, subscribed to, and on the same paper with
the said order ; such order and draught to be in the
form specified in the Schedule hereunto annexed
(No. 5.)

CXXXIX. That all orders by the Commissioner Order for
for payment of money, or for the transfer and sale (as paymentof
hereinafter provided) of any stock or securities, beinff to^^^igned
part of a bankrupt's estate, be signed in triplicate, ana in triplicate.
that one copy of any such order be filed with the pro-
ceedings in bankruptcy, and that one copy be left with
the Bank of England, and that one copy be left with
the Accountant in Bankruptcy.

CXL. That the Official Assignee shall, before any Official As-
audit, enter in a book the names of all the debtors to ^^J® *®
the bankrupt's estate, as returned in his balance sheet, ^^es of
and shall state the reasons why debts are not paid on debtors,
the opposite page ; such book shall be produced to the
Court at every audit.

CLXI. 1 hat each Official Assignee shall deposit in bois of
the Bank of England, to the credit of the Accountant Exchange
in Bankruptcy, all bills, notes and other negotiable ^^*^'
instruments, except unaccepted bills of exchange, as posited in
soon as he shall receive the same ; and shall deposit in ^ Bank by-
like manner all unaccepted bills of exchange as soon gigi^ees, &c.
as the same shall have been accepted or refused ac-
ceptance ; and shall at the time of such deposit leave a
statement in writing with the cashier of the Bank of
England specifying the date and contents of the instru-
ments so deposited, the name of the Official Assignee
making such deposit ; the name and description of the
bankrupt or bankrupts, and the particular estate to
which the same respectively belong, and that such in-
struments respectively are to be deposited to the credit
of the said Accountant in Bankruptcy ; and shall also
take a receipt for the same from the cashier of the Bank,
and carry or transmit it to the office of the said Ac-
countant in Bankruptcy, who shall give a proper
voucher, to be produced when called for by the
Court.

CXLII, That when and as soon as any bill, note or Bill, Ac.
other negotiable instrument, deposited as aforesaid in ^*^®^*^Vi®'
the Bank of England in the name of the said Ac- SSt^vlUi.
countant shall become due, the governor and company
of the Bank of England shall, without any direction



d by Google



836



BULBS AND OEDERS, 1852.



In case of
non-pay-
ment, kc.



Bank of
England to
certify to
Accountant
the receipt
of money
on bill, or
dishonour,
&c.



Official As-
signee to
give notice
of dishon-
our, &c.



Commis-
sioner to
order

delivery out
of bills,
notes, &c.
to Official
Assignee.



Commis-



from the said Aecountaiit, deliver such bill, note or
other negotiable iDstroment to one of the cashiers of
the Bank, who is to present the same for payment, and
receive the sam of money due thereon, and forthwith
to pay the sum so received, if any, into the Bank of
England^ to be there placed to the credit of the said
Accoantant.

CXLIIL That in case any such bill, note or other
negotiable instrument shall not be paid, the said go-
vernor and company of the Bank of England shall
cause such bill, note or other negotiable instrument as
is by law required to be noted and protested to be
delivered to a notary for that purpose, and to be noted
and protested accordingly, and shall, after the same
shall haye been so noted and protested, as the case may
be, again deposit the same in the Bank of England, to
the credit of the said Accountant.

CXLIV. And that the said governor and company
of the Bank of England forthwith, after every such
receipt of money or deposit of any note, bill or other
negotiable instrument, shall certify to the said Ac-
countant the sum of money received, if any, on each
such bill, note or negotiable instrument, and placed to
the credit of the said Accountant, or that such bill, note
or negotiable instrument, has been dishonoured ; and
such dishonoured bill, note or other negotiable instru-
ment shall be forthwith delivered by the Bank to the
proper Official Assignee.

CXLV. And that as often as any bill, note or other
negotiable instrument that shall have come to the
hands of any Official Assignee shall have been or shall
be dishonoured, such Official Assignee shall forthwith
give such notice thereof as is by law required from the
holder of such bill, note or other negotiable instrument
respectively.

CXLVI. That any one of the Commissioners of the
Court of Bankruptcy acting in the prosecution of any
bankruptcy may from time to time make order relative
to the delivery out to an Official Assignee of any bill
of exchange or promissory note which may stand in
the Bank .of England to the credit of the Accountant
in Bankruptcy for the estate under such bankruptcy ;
provided that the purpose of such delivery be stated
m the order, and such order be attested by a
Begistrar.

CXLYII. That any one ofwthe Commissioners of the



d by Google



RULES ANI5 ORDERS^ 1852* 837

Court of Bankruptcy acting in the prosecution of any sionermay
commission, fiat or petition for adjudication of bank- or^ money
ruptcy may, as often as it shall appear to him expedient, vestedhi
by order under his hand in the forms specified in the Exchequer
Schedule hereunto annexed (Nos. 6, 7 and 8), direct f^^'^f^
any money, which may have been paid into the Bank Exchequer
of England on account of the estate of the bankrupt ^^^t ^•
named in such commission, fiat or petition, to be in-
vested in ihe purcliase of Exchequer bills, to be lodged
in the Bank of England, and may \n like manner direct
the sale or exchange of such Exchequer bills, and also
the exchange, sale or transfer of any stock in the public
funds, or in any public company, or of any Exchequer
bills, India bonds, or other public securities which
shall have been transferred, delivered or paid into the
Bank of England on account of such bankrupt's estate,
and may direct the proceeds thereof to be laid out in
the purchase of Exchequer bills, and that such Ex-
chequer bills, when so purchased, be deposited in the
Bank of England, to the credit of the said Accountant
for such particular estate ; and • the said Accountant
shall and may, pursuant to such order, make such sale,

Surchase or transfer without any further order or
irection ; and the expenses thereof may be charged to
the account of the estate for the benefit of which the
same shall have been respectively made.

Provided always, that the signature of the Com-
missioner be attested by a Registrar, and that the
order of the Accountant in Bankruptcy be subscribed
to the order of the Commissioner, and on the same
paper with the said order.

Provided further, that no stock or public fund be
transferred upon any sale, and that no Exchequer
bill, India bond or public security be delivered for the
purpose of sale, except to a casnier of the Bank of
England, until the price or value thereof be paid into
the Bank of England to the credit of the Accountant
in Bankruptcy for the particular estate to which it
belongs, and that -no sum be paid for the purchase of
any Exchequer bilj, India bond or other public security
until such Exchequer bill, India bond or public security
be deposited in the Bank of England to the credit of
the said Accountant in Bankruptcy, and for such par-
ticular estate.

CXLVIII. That the Official Assignee shall forth- The Official
with after the declaration of a dividend give notice by gfy^otice*

Q



d by Google



338



RULES AND OEDEBS, 1852.



inOaxette, advertisement in the London Gazette, and to each
and to Bend creditor by a printed circular letter in the form speci-
^Jl^^f ^ fied in the Schedule hereunto annexed (No. 9), to be
a printed sent through the post-office at the cost of the bank-
tOT^towcii*^ "^P**'® estate, to be settled by the Commissioner, of the
creditor, time and place of the delivery of the dividend warrants
giytoghim as hereinafter provided; and that at such time the
Official Assignee will require the production of such



notice of the

and place of securities, if" any, as the* creditor" exhibited at the
the deUvcry time of his proof ; and that no dividend vrarrant will

of the - r -»

dividend
warrant.



0:Bcial A£

signee'fi
duty.



be delivered to the creditor holding any security for
his debt imtil such security shall be produced, without
the special directions of a Commissioner in that behalf
General Rule 1852, 149, will be no longer applicable,
as by the Bankruptcy Act 1861, s. 178, it must be the
duty of the Official Assignee to prepare the dividend
lists, &c.

CL. That whai a creditor, or any person duly autho-
rised under his hand to receive his dividend warrant,
shall apply for the same, the Official Assignee shall
require tne production of such securities, if any, as t^e
creditor exhibited at the time of his proof, and (f satis-
fied that the amount of the said dividend still remains
due, sh^ fill up the date in the warrant and receipt,
and upon the creditor or such other person authori^
as aforesaid signing the receipt, the Official Assignee
shall mark the securities (if any) with the amount of
that dividend, and shall sign and deliver the warrant
for the same ; provided that no dividend warrant shall
be delivered to any creditor holding any security for
his debt until such security shall he produced ; pro-
vided that upon the statement of a creditor that he is
unable to produce his security, and that the same has
not been parted with for any valuable consideration,
nor assigned to any person, he shall be examined on
oath before a Commissioner as to the cause of such in-
ability, and his examination shall be filed with the
proceedings, and the Commissioner shall adjudge
whether in his opinion the creditor is or is not able to
produce the security ; and if the Commissioner is of
opinion that the security cannot for a sufficient cause

be produced, the creditor shall give a sufficient indem-

cases where nity to the Official Assignee, to be approved by the
ca^f be Commissioner, and iipon such indemnity being given
produoed. ^he Official Assignee shall deliver the dividend warrant
to the creditcn*.



Commis-
sioner to
order pay-
ment of
dividend in



d by Google



_. ,i ^ M



RULES AND ORDERS, 1852. 839

CLL That the payment of the dividend warrant may Dividend
be obtained by the creditor, or any person duly autho- ^**''^*"*?,
rised by him under his hand to receive his dividend, or ^^ ^^
by the executor or administrator of any such creditor,
upon production of the dividend warrant at the office
of the Accountant in Bankruptcy, or in a country
bankruptcy, at any branch of the Biink of England, or
such other bank as shall be named by the Bank of
England in that behalf.

CLII. That if any other person than the creditor or when order
person duly authorised by him, or the executor or <*? Commis-
administrator of any such creditor, daim to receive the pa^ent^of
dividend, the person so claiming the same must obtain dividend
an order for payment thereof indorsed upon the warrant ^"^a^^^"^**
by a Commissioner or Judge under his hand : and if
any dividend warrant be above twelve months' date, a
like order for payment thereof by a Commissioner shall
be required ; provided always, that in no case shall any
dividend warrant be paid to an Official Assignee unless
such Official Assignee be the payee, or the executor or
administrator of the payee, or the assignee of any
bankrupt payee.

CLIII. That when a dividend has been or may be Transfer of
declared under any commission, fiat or petition ^^f "^^JJJ.^/'^^
'adjudication, the Commissioner acting in tne prosecu- ^^i^t to
tion of such bankruptcy may, by order under his hand, dividend
attested by a Registrar, in the form specified in the «<^^**
schedule hereunto annexed (No. 14) aireet the sum
ordered to be divided, or such part tSiereof as may be
required, to be carried from the general account of such
estate to an account to be kept in the books of the
Accountant in Bankruptcy, entitled "The Dividend
Account," and to the particular estate ; provided that commi»-
when it shall appear that any part of the money directed ^jf'^^^f^
to be applied in payment of any dividend is not called ^^^i^mk
for to make such payment, the Commissioner or Judge dividend
may, by order under his hand, testified as aforesaid, and ^^ *^^
in the forms specified in the schedule h^eunto annexed original ac-
(Nos. 15, 16, 17, 18, and 19, as the case may be), direct cmmt of
such sum to be carried back to the original account of <^«^*®-
the estate to which it belonged.

CLIV. That all dividend warrants under any bank- J^^^^T^'
rupt's estate, which shall have been delivered to any j^ts dT
Official Assignee by the Accountant in Bankruptcy for above
more than twelve calendar months, the same having ^^J^g
been previously stamped by such Accountant, but date to be



d by Google



340 EULES AND ORDERS, 1852.

returned to which ah all Dot have been delivered to any creditor of
the account- guch estate, shall forthwith, after the expiration of such
?S^y^ twelve months, be brought or sent by such Official
the Official Assignee, together with two lists thereof, under each
^^Sncei- b^^^ki'^P*^'^ estate, to the said Accountant, who shall
led. ^ thereupon compare the warrants with such lists, and
cancel such warrants ; and one of such lists shall be
certified by the said Accountant, and returned to the
Official Assignee, who shall file such list with the pro-
ceedings of th6 respective bankruptcies ; and the other
of such lists to be retained by the said Accountant.

General Orders, 156, 156, as to Official Assignees*

quarterly accounts of balances, are superseded by the

Bankruptcy Act, 1861, s. 129.

Monies or CLY II. That all monies, bills of excliange, notes and

bills, &c. other negotiable iustruments hereinbefore directed to

jSd, or de- ^® P*^^ ^^ delivered to or by the Bank of England, may

livered to be paid Or delivered to or by the Bank of England by

of E^nd ^^ through any of the branch banks thereof or any

th^^h any other bank that may be named by the Grovemor and

of the Company of the Bank of England for that purpose ;

{^^g^ and all business arising in the country with the Bank

thereof. of England may, where necessary or convenient, be

transacted with the Bank of England by or through

any of such branch banks, or other bank so named.

other forma CLVIIT. That the several forms specified in the

in the Sche- schedule hereunto annexed for the several pur-

Miowed^ poses therein stated, and not hereinbefore referred

where ap- to, be foUowed in all cases where the same may be

pUcabie. applicable.

Official As- CLIX. That if the Official Assignee shall without
siffnee keep- good and sufficient cause, to be allowed by the Court,
Sf control ^^®P ^Jider his control more than 100^. of money be-
more than longing to any one estate, or more than 1000?. in the
^^'o^^^' aggregate of monies belonging to bankrupts' estates,
^tete^or for more than one week, he shall be charged in his
more than accounts by the Commissioner with such sum as shall
J^^^tef ^ be equal to interest at the rate of 201. per cent per
to be ' annum, on the excess of the said sum of 100?. or lOOw.,
^^^IJ^^ as the case may be, for such time as such money shall
percent! on be under his control beyond the said week ; and unless
the excess, the money has been kept for good and sufficient cause,
^e SJ^nS allowed by the Court, the Official Assignee shaU be
has been dismissed from his office, upon the report of the Com-
kept from missioner, or upon petition to the Lord Chancellor by
causes, to bo the Creditors' assignee or assignees, or by any creditor,



d by Google



KULES AND ORDERS, 1852. 341

and be liable to the costs and expenses, and have no dismissed
claim to remuneration. offi™.^^

CLX. That all forms relating to the payment or Forms re-
delivery into or out of the Bank of England of any ^**^^gjj^
money, bills, notes, or other securities under bankrupt- STo/^ '
cies, prosecuted in the country, be printed in red ink. money

CLXI, superseded by the Bankruptcy Act, 1861, ^^^^S"'
which repeals the sections relating to these arrange- ttie country
ments in the Bankrupt Law Consolidation Act, 1849, to be printed
SS. 211-223. 'mredmk.

CTiXTI. That printed copies of these rules and orders Printed
shall be supplied by the Chief Registrar to the several J^g^lJ*^
Courts of Bankruptcy in London, and in the country be supplied
districts ; and also to the Accountant in Bankruptcy, by ciiief
the Governor and Company of the Bank of England, ^^^*'^'''
the Master in Bankruptcy, and each Official Assignee ;
and that one such copy be posted up in some conspicuous
place in every such court ; and in the respective offices
of the Chief Registrar, the Accountant in Bankruptcy,
the Master in Bankruptcy, and Official Assignees.

CLXni. That these rules and orders shall take Rules and
effect from and after the 11th day of October, 1861, ^hl"to
frona which time all rules and orders made previous to take effect.
the passing of " The Bankrupt Law Consolidation Act,
1849," and the order made on the 12th of October, 1849,



Online LibraryGreat BritainThe Bankruptcy act, 1861: incorporating so much as remains in force of the ... → online text (page 26 of 38)