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ss. 89-91.

Appeal to
Court against

trustee.

Control of
Board of

Trade over
trustees.

(3.) The trustee may apply to the Court in manner prescribed for directions in relation to any particular matter arising under the bankruptcy.

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(4) Subject to the provisions of this Act the trustee shall use his own discretion in the management of the estate and its distribution among the creditors.

90. If the bankrupt or any of the creditors, or any other person, is aggrieved by any act or decision of the trustee, he may apply to the Court, and the Court may confirm, reverse, or modify the act or decision complained of, and make such order in the premises as it thinks. just.

An ordinary receiver has no such interest in the assets as to constitute him "a person aggrieved” and entitle him to complain of the conduct of the trustee in the administration of them (Ex pte Browne, In re Maltby, 16 Ch. D., 497).

91.-(1.) The Board of Trade shall take cognizance of the conduct of trustees, and in the event of any trustee not faithfully performing his duties, and duly observing all the requirements imposed on him by statute, rules or otherwise, with respect to the performance of his duties, or in the event of any complaint being made to the Board by any creditor in regard thereto, the Board shall inquire into the matter and take such action thereon as may be deemed expedient.1

1 It is doubtful whether these words would authorize the Board of Trade to disallow the trustee's remuneration, see In re Lister, Ex pte Simmons, 2 Ch. D., 749.

(2.) The Board may at any time require any trustee to answer any inquiry made by them in relation to any bankruptcy in which the trustee is engaged, and may, if the Board think fit, apply to the Court to examine on oath the trustee or any other person concerning the bankruptcy.

1

(3.) The Board may also direct a local investigation to ss. 92, 93. be made of the books and vouchers of the trustee.

PART VI.

CONSTITUTION, PROCEDURE, AND POWERS OF COURT.

Jurisdiction.

to be exercised by

and county

92.-(1.) The Courts having jurisdiction in bankruptcy Jurisdiction shall be the High Court and the county courts. (2.) But the Lord Chancellor may from time to time, High Court by order under his hand, exclude any county court from courts. having jurisdiction in bankruptcy, and for the purposes of bankruptcy jurisdiction may attach its district or any part thereof to the High Court, or to any other county court or courts, and may from time to time revoke or vary any order so made. The Lord Chancellor may, in like manner and subject to the like conditions, detach the district of any county court or any part thereof from the district and jurisdiction of the High Court.

(3.) The term "district," when used in this Act with reference to a county court, means the district of the court for the purposes of bankruptcy jurisdiction.

(4.) A county court which, at the commencement of this Act, is excluded from having bankruptcy jurisdiction, shall continue to be so excluded until the Lord Chancellor otherwise orders.

(5.) Periodicalsittings for the transaction of bankruptcy business by county courts having jurisdiction in bankruptcy shall be holden at such times and at such intervals as the Lord Chancellor shall prescribe for each such court.I

1 See r r. 88 and 89.

of London

93.-(1.) From and after the commencement of this Act Consolidation the London Bankruptcy Court shall be united and con- Bankruptcy solidated with and form part of the Supreme Court of Court with

ss. 93, 94. Judicature, and the jurisdiction of the London Bankruptcy Court shall be transferred to the High Court.

Supreme
Court of
Judicature.

Transaction

(2.) For the purposes of this union, consolidation, and transfer, and of all matters incidental thereto and consequential thercon, the Supreme Court of Judicature Act, 1873, as amended by subsequent Acts, shall, subject to the provisions of this Act, have effect as if the union, consolidation, and transfer had been effected by that Act, except that all expressions referring to the time appointed for the commencement of that Act shall be construed as referring to the commencement of this Act, and, subject as aforesaid, this Act and the said above-mentioned Acts shall be read and construed together.

94. (1) Subject to general rules, and to orders of of bankruptcy transfer made under the authority of the Supreme Court business by

special judge of Judicature Act, 1873, and Acts amending it,—

of High Court.

(a.) All matters pending in the London Bankruptcy

Court at the commencement of this Act; and (b.) All matters which would have been within the

exclusive jurisdiction of the London Bankruptcy Court, if this Act had not passed; and (c) All matters in respect of which jurisdiction is given to the High Court by this Act,

shall be assigned to such Division of the High Court as the Lord High Chancellor may from time to time direct.

(2.) All such matters shall, subject as aforesaid, be ordinarily transacted and disposed of by or under the direction of one of the judges of the High Court, and the Lord Chancellor shall from time to time assign a judge for that purpose.

(3) Provided that during vacation, or during the illness of the judge so assigned, or during his absence or for any other reasonable cause such matters, or any part thereof, may be transacted and disposed of by or under the directions of any judge of the High Court named for that purpose by the Lord Chancellor.

(4) Subject to the provisions of this Act, the officers, ss. 94, 95. clerks, and subordinate persons who are, at the commencement of this Act, attached to the London Bankruptcy Court, and their successors, shall be officers of the Supreme Court of Judicature, and shall be attached to the High Court.

(5.) Subject to general rules, all bankruptcy matters shall be entitled, "In bankruptcy."

1 r. 8.

where to be

presented.

95.-(1.) If the debtor against or by whom a bank- Petition, ruptcy petition is presented has resided or carried on business within the London bankruptcy district as defined by this Act1 for the greater part of the six months immediately preceding the presentation of the petition, or for a longer period during those six months than in the district of any county court, or is not resident in England, or if the petitioning creditor is unable to ascertain the residence of the debtor, the petition shall be presented to the High Court.

s. 96.

These words must be intended to apply to a foreigner who is not permanently resident in England but has had a dwelling-house or place of business here within twelve months next preceding the presentation of the bankruptcy petition (s. 6 (1) (d); Ex pte Crispin, In re Crispin, L. R. 8, Ch. 374; Ex pte Pascal, In re Myer, 1 Ch. D., 509), as well as to an Englishman who has left this country after having committed an act of bankruptcy.

(2.) In any other case the petition shall be presented. to the county court for the district in which the debtor has resided or carried on business for the longest period during the six months immediately preceding the presentation of the petition.

The bankrupts' principal place of business was within the district of a County Court, but they had an agent occupying three rooms in London : Held, that the petition was properly presented in the County Court (Ex pte Charles, In re Charles, L. R. 13, Eq. 638).

If a man is proved to have been residing within a district he cannot by leaving it to avoid service deprive the Court of jurisdiction (In re Williams, L. R. 8, Ch. 690).

ss. 95-97.

Definition of the London Bankruptcy District.

Transfer of proceedings

So long as a man is staying at a place it is his residence, unless he can show that he has some other (Ex pte Pascal, In re Myer, 1 Ch. D., 509, at p. 513).

(3.) Nothing in this section shall invalidate a proceeding by reason of its being taken in a wrong court.

It had been so held upon the corresponding section (s. 59) of the Act of 1869 (Revell v. Blake, L. R. 8, C. P., 533).

If proceedings have been taken in the wrong court they may be either retained there or transferred to the proper court (s. 97 infrà, see In re Buckland, L. R. 15, Eq. 221).

96. The London Bankruptcy District shall, for the purposes of this Act, comprise the city of London and the liberties thereof, and all such parts of the metropolis and other places as are situated within the district of any county court described as a metropolitan county court in the list contained in the Third Schedule.

97.-(1.) Subject to the provisions of this Act, every from court to court having original jurisdiction in bankruptcy shall have jurisdiction throughout England.

court.

(2.) Any proceedings in bankruptcy may at any time, and at any stage thereof, and either with or without application from any of the parties thereto, be transferred by any prescribed authority and in the prescribed manner 2 from one court to another court, or may by the like authority be retained in the court in which the proceedings were commenced, although it may not be the court in which the proceedings ought to have been commenced.

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When a receiving order has been made against one member of a partnership any other petition by or against a member of the same partnership shall be filed in or transferred to the Court where the first petition is proceeding (s. 112).

This power of transfer would seem to extend to proceedings commenced before the passing of this Act (Ex pte Wieland, In re Wieland, L. R. 5, Ch. 486).

(3.) If any question of law arises in any bankruptcy proceeding in a county court which all the parties to the

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