SS. 116-118.

Enforcement

of orders of courts

throughout the United Kingdom.

Courts to be auxiliary to each other.

in office, either directly or indirectly, by himself, his clerk, or partner, act as solicitor in any proceeding in bankruptcy or in any prosecution of a debtor by order of the Court, and if he does so act he shall be liable to be dismissed from office.

Provided that nothing in this section shall affect the right of any registrar or officer appointed before the passing of this Act to act as solicitor by himself, his clerk, or partner to the extent permitted by section sixty-nine of the Bankruptcy Act, 1869.

The disqualifications imposed on Registrars, official receivers, and other officers by this section are greater than those prescribed by section 69 of the Act of 1869; for by that section a Registrar or other officer was only prohibited from practising as a solicitor in any proceeding in bankruptcy “in any Court of which he was registrar or officer, or in any appeal from such Court, or in any prosecution of a bankrupt by order of such Court." The omission of these words of limitation cause the prohibition to extend to bankruptcy practice in all Courts, except as to those Registrars or officers who were appointed before the passing of this Act, 25th August, 1883.

Orders and Warrants of Court.

117. Any order made by a court having jurisdiction in bankruptcy in England under this Act shall be enforced in Scotland and Ireland in the courts having jurisdiction in bankruptcy in those parts of the United Kingdom respectively, in the same manner in all respects as if the order had been made by the Court hereby required to enforce it; and in like manner any order made by a court having jurisdiction in bankruptcy in Scotland shall be enforced in England and Ireland, and any order made by a court having jurisdiction in bankruptcy in Ireland shall be enforced in England and Scotland by the courts respectively having jurisdiction in bankruptcy in the part of the United Kingdom where the orders. may require to be enforced, and in the same manner in all respects as if the order had been made by the Court required to enforce it in a case of bankruptcy within its own jurisdiction.

118. The High Court, the county courts, the courts having jurisdiction in bankruptcy in Scotland and Ire

SS.

land, and every British court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of those 118-120. courts respectively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the court seeking aid, with a request to another of the said courts, shall be deemed sufficient to enable the latter court to exercise, in regard to the matters directed by the order, such jurisdiction as either the court which made the request, or the court to which the request is made, could exercise in regard to similar matters within their respective jurisdictions.

The London Bankruptcy Court having directed that the aid of a County Court be sought to hear and determine a certain matter, and that the order made thereon be transmitted to the London Court, it was held that the Judge of the London Bankruptcy Court could review the order (Ex pte Fletcher, In re Vaughan, 6 Ch. D., 350).

119.—(1.) Any warrant of a court having jurisdiction Warrants of Bankruptcy in bankruptcy in England may be enforced in Scotland, Courts. Ireland, the Isle of Man, the Channel Islands, and elsewhere in Her Majesty's dominions, in the same manner and subject to the same privileges in and subject to which a warrant issued by any justice of the peace against a person for an indictable offence against the laws of England may be executed in those parts of Her Majesty's dominions respectively in pursuance of the Acts of Parliament in that behalf.

(2.) A search warrant issued by a court having jurisdiction in bankruptcy for the discovery of any property of a debtor may be executed in manner prescribed or in the same manner and subject to the same privileges in and subject to which a search warrant for property supposed to be stolen may be executed according to law.

Warrants may be addressed to such officer of the High Court, or to such high bailiff or officer of any County Court as the Court may direct (r. 75).

120. Where the Court commits any person to prison, Commitment the commitment may be to such convenient prison as to prison.

SS.

the Court thinks expedient, and if the gaoler of any 120, 121. prison refuses to receive any prisoner so committed he

Summary administration in small cases.

shall be liable for every such refusal to a fine not exceeding one hundred pounds.

An application to the Court to commit must be supported by affidavit and filed (r. 77). And, subject to the power of the Court to commit forthwith under s. 102 (5), notice of the application must be personally served three clear days before the day fixed for the hearing (r. 78).

PART VII.

SMALL BANKRUPTCIES.

121. When a petition is presented by or against a debtor, if the Court is satisfied by affidavit or otherwise, or the official receiver reports1 to the Court that the property of the debtor is not likely to exceed in value three hundred pounds, the Court may make an order2 that the debtor's estate be administered in a summary manner, and thereupon the provisions of this Act shall be subject to the following modifications:

1 r. 198, and Form No. 33 in the Appendix.

2 Form No. 34 in the Appendix.

(1.) If the debtor is adjudged bankrupt the official receiver shall be the trustee in the bankruptcy : (2.) There shall be no committee of inspection, but the official receiver may do with the permission of the Board of Trade all things which may be done by the trustee with the permission of the committee of inspection :3

ss. 57 and 64.

(3.) Such other modifications may be made in the

provisions of this Act as may be prescribed by general rules with the view of saving expense and simplifying procedure; but nothing in this section shall permit the modification of the provisions of this Act relating to the examination or discharge of the debtor :3

1 Important modifications are prescribed by r. 199.

SS.

Provided that the creditors may at any time, by special resolution, resolve that some person other than the 121, 122. official receiver be appointed trustee in the bankruptcy, and thereupon the bankruptcy shall proceed as if an order for summary administration had not been made.

county court

order instead

instalments.

122.-(1.) Where a judgment has been obtained in a Power for county court and the debtor is unable to pay the amount to make forthwith, and alleges that his whole indebtedness administration amounts to a sum not exceeding fifty pounds, inclusive of order for of the debt for which the judgment is obtained, the payment by county court may make an order providing for the administration of his estate, and for the payment of his debts by instalments or otherwise, and either in full or to such extent as to the county court under the circumstances of the case appears practicable, and subject to any conditions as to his future earnings or income which the court may think just.

(2.) The order shall not be invalid by reason only that the total amount of the debts is found at any time to exceed fifty pounds, but in such case the county court may, if it thinks fit, set aside the order.

(3.) Where, in the opinion of the county court in which the judgment is obtained, it would be inconvenient that that court should administer the estate, it shall cause a certificate of the judgment to be forwarded to the county court in the district of which the debtor or the majority of the creditors resides or reside, and thereupon the latter county court shall have all the powers which it would have under this section, had the judgment been obtained in it.

(4) Where it appears to the registrar of the county court that property of the debtor exceeds in value ten pounds, he shall, at the request of any creditor, and without fee, issue execution against the debtor's goods, but the household goods, wearing apparel, and bedding of the debtor or his family, and the tools and implements

s. 122.

of his trade to the value in the aggregate of twenty pounds, shall to that extent be protected from seizure.

(5) When the order is made no creditor shall have any remedy against the person or property of the debtor in respect of any debt which the debtor has notified to a county court, except with the leave of that county court, and on such terms as that court may impose; and any county court or inferior court in which proceedings are pending against the debtor in respect of any such debt shall, on receiving notice of the order, stay the proceedings, but may allow costs already incurred by the creditor, and such costs may, on application, be added to the debt notified.

(6.) If the debtor makes default in payment of any instalment payable in pursuance of any order under this section, he shall, unless the contrary is proved, be deemed to have had since the date of the order the means to pay the sum in respect of which he has made default and to have refused or neglected to pay the same.

(7.) The order shall be carried into effect in such manner as may be prescribed by general rules.1

1 The Rules and Forms made under this section are set out infrà.

(8.) Money paid into court under the order shall be appropriated first in satisfaction of the costs of the plaintiff in the action, next in satisfaction of the costs of administration (which shall not exceed two shillings in the pound on the total amount of the debts) and then in liquidation of debts in accordance with the order.

1 Fees and Percentages, Table E., infrà.

(9.) Notice of the order shall be sent to the registrar of county court judgments, and be posted in the office of the county court of the district in which the debtor resides, and sent to every creditor notified by the debtor, or who has proved.

(10.) Any creditor of the debtor, on proof of his debt before the registrar, shall be entitled to be scheduled as a creditor of the debtor for the amount of his proof.