subject to the power of the Court of Appeal to increase, diminish, or dispense with such security (r. 113). SS. 104, 105. A "person aggrieved" must be a man who has suffered a legal grievance, against whom a decision has been pronounced which has wrongfully Person deprived him of something, or wrongfully refused him something, or wrong- aggrieved. fully affected his title to something (Ex pte Sidebotham, In re Sidebotham, 14 Ch. D., 458, at p. 465; Ex pte Tucker, In re Tucker, 12 Ch. D., 308). Where an adjudication has been made upon the execution of a bill of sale as an act of bankruptcy, the bill of sale holder is a person aggrieved, and entitled to apply to the Court to annul it (Ex pte Learoyd, In re Foulds, 10 Ch. D., 3; Ex pte Thoday, In re Ellis, 2 Ch. D., 229, affirmed, 2 Ch. D., 797). A person who alleges himself to be a creditor, but has omitted for many years to prove his debt, cannot appeal (Ex pte Ditton, In re Woods, 11 Ch. D., 56). An order made under the Debtors Act, 1869, for the prosecution of a bankrupt and an accomplice, is not subject to appeal by either of them (Ex pte Marsden, In re Marsden, 2 Ch. D., 786; Ex pte Brown, In re Appleby, 2 Ch. D., 799). As to an appeal from an interpleader order made in bankruptcy, see Ex pte Streeter, In re Morris, 19 Ch. D., 216. The Court of Appeal has all the powers, authority, and jurisdiction vested Powers of in the High Court (Jud. Act, 1873, s. 19). All appeals to the Court of Appeal shall be by way of rehearing (Rules of the Supreme Court, 1883, O. LVIII., r. 1). The Court of Appeal abstained from deciding whether or not it had power to rehear a case in which judgment had been given, but, under the circumstances, declined to do so (Ex pte Banco de Portugal, In re Hooper, 14 Ch. D., 1). Court. As to the power of the Court of Appeal to receive fresh evidence, see Fresh Rules of the Supreme Court, 1883, O. LVIII., r. 4; Ex pte Keighley, In evidence. re Wike, L. R. 9, Ch. 667; Ex pte Gordon, In re Dixon, L. R. 8, Ch. 555. An appellant desirous of producing fresh affidavits or documentary evidence on the hearing of an appeal, should give notice to the other side, but if he wishes to have fresh witnesses examined viva voce, he must move for leave previously to the hearing (Dicks v. Brooks, 13 Ch. D., 652; Hastie v. Hastie, 1 Ch. D., 562). For the principles on which the Court acts in granting or refusing leave, Leave to see Ex pte Attwater, In re Turner, 5 Ch. D., 27, at p. 33; Ex pte Hay- appeal to man, In re Pulsford, 8 Ch. D., 11, at p. 26; Ex pte Jackson, In re Bowes, House of 14 Ch. D., 725, at p. 747; In re Calthrop, L. R. 3, Ch. 252, at p. 256. Lords. Procedure. powers of the 105.-(1.) Subject to the provisions of this Act and to Discretionary general rules, the costs of and incidental to any pro- Court. ceeding in Court under this Act shall be in the discretion s. 105. of the Court: Provided that where any issue is tried by a jury the costs shall follow the event, unless, upon application made at the trial, for good cause shown, the judge before whom such issue is tried shall otherwise order.3 1 r r. 98-100. 2 In determining what is "good cause shown," the whole of the circumstances are to be taken into consideration (Harnett v. Vise, 5 Ex. D., 307). 3 Without any special application for the purpose, the Judge may deprive a successful party of his costs (Turner v. Heyland, 4 C. P. D., 432; Collins v. Welch, 5 C. P. D., 27). But the Court cannot order a successful party to pay the costs of his opponent (Foster v. Great Western Railway Co., 8 Q. B. D., 515). There is no appeal as to costs only except by leave of the Court (r. 111(1)). (2). The Court may at any time adjourn any proceedings before it upon such terms, if any, as it may think fit to impose. (3.) The Court may at any time amend any written process or proceeding under this Act upon such terms, if any, as it may think fit to impose. Formal defects or irregularities are not to invalidate proceedings or appointments (s. 143; see, too, r. 260). (4.) Where by this Act or by general rules, the time for doing any act or thing is limited, the Court may extend the time either before or after the expiration thereof, upon such terms, if any, as the Court may think fit to impose. As to the exercise of such a discretionary power, see the judgment in Carter v. Stubbs, 6 Q. B. D., 116. An extension of time for appealing will be granted ex debito justitiæ to a person affected by the date of the act of bankruptcy on which an adjudication is founded if he applies promptly after becoming aware of the fact (Ex pte Tucker, In re Tucker, 12 Ch. D., 308; see, too, Ex pte Geisel, In re Stanger, 22 Ch. D., 436). The Court may also under special circumstances and for good cause shown, extend or abridge the time appointed by the Rules, or any order of the Court, for doing any act or taking any proceeding (r. 261). (5.) Subject to general rules,' the Court may in any matter take the whole or any part of the evidence either vivâ voce, or by interrogatories, or upon affidavit, or by commission abroad. 1 r r. 58-64. SS. An affidavit which has been filed may be withdrawn without being read, and until it is read there is no right to cross-examine upon it (Ex pte Child, 105-109. In re Ottaway, 20 Ch. D., 126). A deposition on the file, which has been originally taken for another purpose, may be used against the deponent in any proceeding in the same bankruptcy (Ex pte Hall, In re Cooper, 19 Ch. D., 580); where it is intended to use such a deposition, notice of the intention to do so, and not a copy of the deposition, should be served on the other side (ibidem). In the event of the death of the debtor or any witness, his deposition or a copy purporting to bear the seal of the Court may be admitted as evidence (s. 136). (6.) For the purpose of approving a composition or scheme by joint debtors, the Court may, if it thinks fit, and on the report of the official receiver that it is expedient so to do, dispense with the public examination of one of such joint debtors if he is unavoidably prevented from attending the examination by illness or absence abroad. 106. Where two or more bankruptcy petitions are Consolidation of petitions. presented against the same debtor or against joint debtors, the Court may consolidate the proceedings, or any of them, on such terms as the Court thinks fit. A petition presented against one partner was ordered to be consolidated with one presented against the partners jointly, and it was also held that the bankrupt had no right to oppose the consolidation (Ex pte Mackenzie, In re Halliwell, L. R. 20, Eq. 758). change 107. Where the petitioner does not proceed with due Power to diligence on his petition, the Court may substitute as carriage of petitioner any other creditor to whom the debtor may proceedings. be indebted in the amount required by this Act in the case of the petitioning creditor. on death of 108. If a debtor by or against whom a bankruptcy Continuance petition has been presented dies, the proceedings in the of proceedings matter shall, unless the Court otherwise orders, be con- debtor. tinued as if he were alive. 109. The Court may at any time, for sufficient reason, Power to stay make an order staying the proceedings under a bank- proceedings. SS. 109-112. Power to present petition against one partner. Power to dismiss petition against some respondents only. Property of partners to be vested in ruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just. See s. 7, sub-ss. (4-6), and s. 14. "Without any special enactment, I do not entertain the slightest doubt that the Court of Bankruptcy has power at any time, for good reasons, to annul any bankruptcy in which an adjudication may have been made " (per Bacon, C. J., Ex pte Ashworth, In re Hoare, L. R. 18, Eq. 705, at p. 713). Any creditor whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present a petition against any one or more partners of the firm without including the others. 111. Where there are more respondents than one to a petition the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others of them. The petition may be heard separately or collectively as to the respondents (r. 136). 112. Where a receiving order has been made on a bankruptcy petition against or by one member of a same trustee. partnership, any other bankruptcy petition against or by a member of the same partnership shall be filed in or transferred to the Court in which the first-mentioned petition is in course of prosecution, and, unless the Court otherwise directs, the same trustee or receiver shall be appointed as may have been appointed in respect of the property of the first-mentioned member of the partnership, and the Court may give such directions for consolidating the proceedings under the petitions as it thinks just. As to the power of the Court to transfer proceedings generally, see s. 97 (2), and to consolidate petitions, s. 106. For form of order of transfer, see Form No. 23 in the Appendix. SS. 113-116. 113. Where a member of a partnership is adjudged bankrupt, the Court may authorise the trustee to commence and prosecute any action1 in the names of the Actions by trustee and of the bankrupt's partner; and any release trustee and bankrupt's by such partner of the debt or demand to which the partners. action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it, and on his application the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the Court directs. 1 As a rule the trustee cannot sue or defend an action, or even employ a solicitor, without the permission of the committee of inspection (s. 57 (2) (3)). 114. Where a bankrupt is a contractor in respect of Actions on any contract jointly with any person or persons, such joint contracts. person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt. name. 115. Any two or more persons, being partners, or any Proceedings person carrying on business under a partnership name, in partnership may take proceedings or be proceeded against under this Act in the name of the firm, but in such case the Court may, on application by any person interested, order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner, and verified on oath, or otherwise as the Court may direct. Officers. 116. (1.) No registrar or other officer attached to any Disabilities court having jurisdiction in bankruptcy shall, during his of officers. continuance in office, be capable of being elected or sitting as a member of the House of Commons. (2.) No registrar or official receiver or other officer attached to any such court shall, during his continuance |