§§ 94, 95, 96. 95. (1.) If the debtor against or by whom a bankruptcy petition is presented has resided or carried on business Petition where within the London Bankruptcy District as defined by this to be presented. Bankruptcy Act, 1869, 8. 59. Definition of Bankruptcy Act, 1869, 8. 60. Act 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. (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. (3.) Nothing in this section shall invalidate a proceeding by reason of its being taken in a wrong Court. 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. Bankruptcy District. As to the London Courts, see note (ƒ). The petition is to be presented to the High Court, but all bankruptcy matters are to be entitled "bankruptcy." The section applies whether the petition be presented by a creditor or by the debtor. To justify presentation within the London District, there must have been, on the part of the debtor, (1.) Either residence or the carrying on of business within such district for the greater part of the six months immediately preceding; or, (f) The following are the Courts referred to; viz., Bloomsbury, Bow, Brompton, Clerkenwell, Lambeth, Marylebone, Shoreditch, Southwark, Westminster, Whitechapel, in their respective Counties. (2.) For a longer period (although not the greater part §§ 96, 97. of six months) during the six months immediately preceding than the debtor has resided in the district of a County Court, i.e., longest residence or trade during the six months preceding. (3.) Non-residence in England. And see Sect. 14 as to amending receiving order where a majority of the creditors reside in Scotland or for other causes (g). (4.) Inability to ascertain (from want of definite residence) such residence. And in all other cases the petition is to be presented to the County Court for the district (for bankruptcy purposes) in which the debtor has resided or carried on business for the longest period (not the greater part of six months) during the six months immediately preceding the presentation of the petition. A man is said to reside where he is to be found daily. So a debtor may be properly described as residing or carrying on business at the place where he is employed as a clerk during the daytime although he may live elsewhere (h). And a bankrupt cannot, by leaving the district to avoid service, deprive the Court of jurisdiction, if it has once attached (i). To present a petition in the wrong Court will not invalidate it, but it may be transferred. See Sub-s. 3, and Sect. 97. As to taking objection to order for service (ii). 97. (1.) Subject to the provisions of this Act, Court having original jurisdiction in bankruptcy have jurisdiction throughout England. every Transfer of shall from court to proceedings court. Bankruptcy s. 80. (2.) Any proceedings in bankruptcy may at any time, Act, 1869, 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 (g) As to what is residence in England, see Ex parte Blain re Sawers, 12 Ch. D. 522; and as to foreigner beyond jurisdiction, Ex parte Crispin, L. R. 8 Ch. 374; 42 L. J. Bank. 65; Ex parte Pascal, 1 Ch. D. 509. The Court has a discretion whether to adjudge a debtor a bankrupt, against whom there is an existing Scotch sequestration, and will (h) Ex parte Breull re Bowie, 16 (i) Re Williams, L. R. 8 Ch. 690; 42 L. J. Bank. 28. (ii) Ex parte Blain, supra. § 97. Special case. 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. (3.) If any question of law arises in any bankruptcy proceeding in a County Court which all the parties to the proceeding desire, or which one of them and the Judge of the County Court may desire, to have determined in the first instance in the High Court, the Judge shall state the facts, in the form of a special case, for the opinion of the High Court. The special case and the proceedings, or such of them as may be required, shall be transmitted to the High Court for the purposes of the determination. As to general jurisdiction to transfer, see Ss. 92, 93, 94, and notes. Sub-s. 2 is an extension or consolidation of the provisions as to transfer contained in Sect. 80, sub-ss. 3, 5, and 6 of the 1869 Act, which enabled the London and other Bankruptcy Courts in certain events to transfer bankruptcy proceedings, and on the application of creditors, to transfer from a local Court to the London Court. Proceedings by Special Case. Under Sect. 72 of the 1869 Act the Court had power to decide all questions of priorities and all other questions whatsoever, whether of law or fact arising in any case, and direct issues to be tried before a jury, and might likewise, under Sect. 71, review its decisions. And whilst also there were abundant provisions for appeal, there was no express provision giving a County Court Judge power to state a special case for the opinion of the Court as in this Act is provided, and the provision will, no doubt, be widely used as a means of saving expensive litigation. The power of stating a special case in the Common Law Courts depended upon 3 & 4 Will. IV. c. 42, s. 25; and also upon Sects. 46, 47 and 179 of the Common Law Procedure Act, 1852. In Chancery the power to proceed by special case depended on 13 & 14 Vict. c. 35 (k). (k) See Wilson's Judicature Acts, As to what facts 3 ed., Bolivia v. Bolivian Navigation Co., 24 W. R. 361, M. R. The method and proceedings are now prescribed by Rules of the Supreme Court, 1883, Order 34, Rules 1 to 8, which, subject to such special rules as are framed under this Act, will govern the proceedings by special case. §§ 97, 98, 99. chambers of 98. Subject to the provisions of this Act and to general Exercise in rules the Judge of the High Court exercising jurisdiction High Court in bankruptcy may exercise in chambers the whole or any part of his jurisdiction. jurisdiction. registrar. 99. (1.) The registrars in bankruptcy of the High Court, and the registrars of a County Court having juris- bankruptcy of diction in bankruptcy, shall have the powers and jurisdiction in this section mentioned, and any order made or act done by such registrars in the exercise of the said powers and jurisdiction shall be deemed the order or act of the Court. (2.) Subject to general rules limiting the powers conferred by this section, a registrar shall have power (a.) To hear bankruptcy petitions, and to make re- (b.) To hold the public examination of debtors : (d.) To approve compositions or schemes of arrange- (e.) To make interim orders in any case of urgency: which by any rule in that behalf is prescribed as (h.) To summon and examine any person known or suspected to have in his possession effects of the § 99. (3.) The Registrars in bankruptcy of the High Court shall also have power to grant orders of discharge and certificates of removal of disqualifications, and to approve compositions and schemes of arrangement. (4.) A registrar shall not have power to commit for contempt of Court. (5.) The Lord Chancellor may from time to time by order direct that any specified registrar of a County Court shall have and exercise all the powers of a bankruptcy registrar of the High Court. Under the 1869 Act not only could the Judge of the London Court and of the County Court sit in Chambers, but certain of their judicial functions could have been and were delegated to the Registrars, but not the power to commit for contempt. Sect. 99 of this Act now defines which of the powers are to be exercised by the Registrars (1) of the London Court, and (2) the County or Local Courts. The The ministerial acts of the Registrars generally have now been supplemented by other and important functions. most notable would seem to be the powers given to local Registrars under Sub-s. 2, Clause (b), to hold the public examination of debtors, and Clause (c), to grant orders of discharge in unopposed cases. And their former powers seem to have been cut down or limited in the cases, Clause (d), to approve compositions, &c., when opposed, and Clause 9, as to hearing and determining opposed applications, both of which formerly they might have done. The powers of the London Registrars do not appear to have been either enlarged or diminished. But there is now the important new provision of Sect. 103 as to the exercise of powers under the Debtors Act, 1869, and see notes to that section. See Sect. 116 as to Registrars acting as solicitors in any matter. See Sect. 122 as to Registrars making administration orders, and Sect. 125 as to deceased insolvent estates, and orders therein. See Sect. 158 as to superannuation of Registrars, and Sect. 161 as to transfer of estates from London Registrars. |