s. 102. mination of his rights to that Court (Ex pte Fletcher, In re Hart, 9 Ch. D., 381). Where goods which have been seized under a writ of fi. fa. issued by the Court of Bankruptcy are claimed adversely, that Court can make an interpleader order for the trial of the issue before itself (Ex pte Sheriff of Middlesex, In re Buck, 10 Ch. D., 575). A question as to the costs of a debtor in the case of a composition (In re Dixon, Ex pte Shepherd, 2 Ch. D., 430). Cases held not to be within its jurisdiction : : A simple money demand by the trustee against a third person (Ex pte Dickin, In re Pollard, 8 Ch. D., 377; Ex pte Musgrave, In re Wood, 10 Ch. D., 94), or by a receiver (Ex pte Great Western Railway Co., In re Bushell, 22 Ch. D., 470). But now a trustee is required to bring his action in the High Court in the Division to which bankruptcy business is assigned, to be tried before the Judge to whom such business is assigned (r. 91). The question whether a trustee served with a third party notice under the Rules of the Supreme Court is bound to indemnify a defendant in an action if found liable (Ex pte Smith, In re Collie, 2 Ch. D., 51). Actions by equitable mortgagees (Ex pte Pannell, In re England, 6 Ch. D., 335; Ex pte Hirst, In re Wherly, 11 Ch. D., 278; White v. Simmons, L. R. 6, Ch. 555). Where a bill of sale has been given by a debtor to a receiver in respect of an ascertained sum for costs (Ex pte Lyons, In re Lyons, L. R. 7, Ch. 495). In a composition, no provision having been made for the payment of the costs of a solicitor employed by the creditors, the Court has no power to compel the debtor to pay them (In re Pratt, Ex pte Gush, 12 Ch. D., 915). But now when a receiving order is made, the Court may order the costs of the petitioning creditor to be paid out of the first net proceeds of the estate, and a composition or scheme, which does not provide for the payment in full of any costs so awarded, may be disallowed (r. 154). (2.) A court having jurisdiction in bankruptcy under this Act shall not be subject to be restrained in the execution of its powers under this Act by the order of any other court, nor shall any appeal lie from its decisions, except in manner directed by this Act. If therefore a Judge of a Court of Bankruptcy has deemed it expedient to exercise the jurisdiction given him (sub-s. (1), suprà), by restraining a creditor from enforcing a lien abroad on a ship, part of the bankrupt's estate, and directing an issue to be tried before himself, the only remedy is to appeal from his decision and not to apply for a writ of prohibition (Halliday v. Harris, L. R. 9, C. P., 668). (3.) If in any proceeding in bankruptcy there arises any question of fact which either of the parties desire1 to be tried before a jury instead of by the Court itself, or which the Court thinks ought to be tried by a jury, the Court may if it thinks fit direct the trial to be had, with a jury and the trial may be had accordingly, in the High Court in the same manner as if it were the trial of an issue of fact in an action, and in the county court in the manner in which jury trials in ordinary cases are by law held in that court. 1 Under section 72 of the Bankruptcy Act, 1869, it was necessary that both parties should desire a trial by jury. As to the settlement of issues and mode of trial both in the High Court and a County Court, see r r. 84-87. Where the verdict is against the weight of evidence a new trial should be ordered, but the Court ought not to disregard the evidence unless there was no evidence to go to the jury, or by reason of some new fact or matter of law the verdict has become immaterial to the decision of the case (Ex pte Morgan, In re Simpson, 2 Ch. D., 72; overruling, on this point, Ex pte Norton, In re Golden, L. R. 16, Eq. 397). If the issue is heard before a Judge there is no occasion to move for a new trial, and the Court of Appeal will re-hear the case upon the evidence taken at the trial. The Judge's notes, if purporting to contain a full record of what took place, being the sole materials on which the Court of Appeal can proceed, unless the parties agree to use the shorthand notes (Ex pte Gillebrand, In re Sidebotham, L. R. 10, Ch. 52). Where an issue has been directed in respect of a matter which the Court of Bankruptcy has no jurisdiction to try, the whole proceedings may be set aside (Ex pte Harrison, In re Harrison, 13 Ch. D., 603); if, however, a person who might have objected to the jurisdiction takes his chance of a decision in his favour on the merits, he cannot afterwards successfully take the objection, for it ought to be taken at the earliest possible moment (Ex ple Butters, In re Harrison, 14 Ch. D., 265; Ex pte Swinbanks, In re Shanks, 11 Ch. D., 525). (4) Where a receiving order has been made in the High Court under this Act, the judge by whom such order was made shall have power, if he sees fit, without any further consent, to order the transfer to such judge. of any action pending in any other division, brought or continued by or against the bankrupt. (5.) Where default is made by a trustee, debtor, or other person in obeying any order or direction given by the Board of Trade or by an official receiver or any other officer of the Board of Trade under any power conferred s. 102. SS. by this Act, the court may, on the application of the 102, 103. Board of Trade or an official receiver or other duly Judgment debtor's summons to authorised person order such defaulting trustee, debtor, or person to comply with the order or direction so given; and the court may also, if it shall think fit, upon any such application make an immediate order for the committal of such defaulting trustee, debtor, or other person; provided that the power given by this subsection shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default. An application to the Court to commit any person must be supported by affidavit and filed (r. 77). Judgment Debtors. 103. (1.) It shall be lawful for the Lord Chancellor by order to direct that the jurisdiction and powers under be bankruptcy section five of the Debtor's Act, 1869, now vested in the High Court, shall be assigned to and exercised by the judge to whom bankruptcy business is assigned. business. (2.) It shall be lawful also for the Lord Chancellor in like manner to direct that the whole or any part of the said jurisdiction and powers shall be delegated to and exercised by the bankruptcy registrars of the High Court. The whole of such jurisdiction and powers is conferred on these Registrars (r. 265); but see an Order of 1st January, 1884, infrà. (3.) Any order made under this section may, at any time, in like manner, be rescinded or varied. (4) Every county court within the jurisdiction of which a judgment debtor is or resides shall have jurisdiction under section five of the Debtors Act, 1869, although the amount of the judgment debt may exceed fifty pounds. But no inferior Court within the London Bankruptcy District (s. 96) can exercise this jurisdiction in respect of any judgment of the High Court (r. 269). (5.) Where, under section five of the Debtor's Act, 1869, application is made by a judgment creditor to a SS. court, having bankruptcy jurisdiction,1 for the committal of a judgment debtor, the court may, if it thinks fit, 103, 104. decline to commit, and in lieu thereof, with the consent of the judgment creditor, and on payment by him of the prescribed fee,2 make a receiving order3 against the debtor. In such case the judgment debtor shall be deemed to have committed an act of bankruptcy at the time the order is made. 1 If the Court has not bankruptcy jurisdiction, and the Judge is of opinion that a receiving order should be made in lieu of committal, he may transfer the matter to the nearest or most convenient Court having bankruptcy jurisdiction, and the Registrar of the one Court shall thereupon transfer the proceedings to the Registrar of the other Court (r. 268). * i.e. £5 (Fees and Percentages, Table A., infrà); a deposit of £5 must also be made (r r. 266 (1) and 128). If the judgment creditor will not consent to pay the required fee and deposit, the Court may dismiss or adjourn the application upon such terms as to costs and otherwise as may be just (r. 266 (2) ). For the purpose of a receiving order under this sub-section it is immaterial what the amount of the judgment creditor's debt may be. Where the application for committal is made in a County Court, and it appears to the Court that the debtor's total liabilities do not exceed £50, the Court may make an administration order under s. 122 in lieu of a receiving order (r. 267). • Where a receiving order is made under this sub-section, the bankruptcy, it seems, can commence only from that date, there being no bankruptcy petition from which the trustee's title can relate back (s. 43). (6.) General rules under this Act may be made for the purpose of carrying into effect the provisions of the Debtor's Act, 1869.1 1 rr. 265-270. Appeals. bankruptcy. 104. (1.) Every court having jurisdiction in bank- Appeals in ruptcy under this Act may review, rescind, or vary any order made by it under its bankruptcy jurisdiction. The Court will not as a rule rehear a case after the expiration of the time—21 days—limited for appeal (Ex pte Brown, In re Jeavons, L. R. 9, Ch. 304; Ex pte Ritso, In re Ritso, 22 Ch. D., 529; Ex pte Geisel, In re Stanger, 22 Ch. D., 436), and ought not to grant a rehearing to enable an appeal which would otherwise be too late to be brought (In re Lister, Ex pte Simmons, 2 Ch. D., 749). s. 104. Restrictions on appeal. Time for appeal. Notice of appeal. Security for costs of appeal. The order was reviewed or rescinded in the following cases (Ex pte London and County Banking Co., In re Brown, L. R. 16, Eq. 391; Ex pte Pitt, In re Gosling, 20 Ch. D., 308; Ex pte Ritso, In re Ritso, 22 Ch. D., 529). The Court of Appeal refused to rehear a case pro formâ or to alter its order for the purpose of introducing fresh evidence after an appeal to the House of Lords had been presented. The Court however would have rectified the order if by a slip in drawing it up the evidence had been accidentally omitted (Ex pte Banco de Portugal, In re Hooper, 14 Ch. D., 1). (2.) Orders in bankruptcy matters shall, at the instance (c.) An appeal shall, with the leave of Her Majesty's 1 rr. III-116. Except by leave of the Court, there is no appeal from any order made by consent or as to costs only (r. 111 (1)), nor from any order relating to property when it is apparent from the proceedings that the money or money's worth involved does not exceed £50 (r. 111 (2)). There is no appeal in respect of the omission by the Court appealed from to exercise any discretionary power unless the Court shall, in its judgment, or on application made at the hearing, have expressly refused to exercise such power, in which case the refusal may be made a ground of appeal (r. 111 (3)). No appeal can be brought after the expiration of twenty-one days unless the Court of Appeal, under special circumstances, extend the time (r. 112). When an appeal is brought from part only of an order the whole case is not open to the respondent on the hearing, who must present a crossappeal; therefore notice of appeal from part of an order having been given on the last day the time for presenting a cross-appeal was extended (Ex pte Kiveton Coal Co., In re Phillips, L. R. 7, Ch. 730). Upon entering an appeal the appellant must forthwith send a copy of the notice of appeal to the Registrar of the Court appealed from, and deliver four days before he intends to move a similar notice to each respondent (r. 114). At or before entering an appeal the appellant must lodge in the High Court the sum of twenty pounds as security for the costs of the appeal, |