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together with his staff, the official solicitors and the messenger in bankruptcy, together with his staff, and the accountant in bankruptcy and his staff, and also such other officers and clerks of the London Bankruptcy Court as the Lord Chancellor, with the concurrence of the Board of Trade, may at any time select, shall be transferred to and become officers of the Board of Trade; provided that the Board of Trade, with the concurrence of the Lord Chancellor, may at any time transfer any such officer or clerk from the Board of Trade to the Supreme Court.

(3.) Subject to the provisions of this Act they shall hold their offices by the same tenure and on the same terms and conditions, and be entitled to the same rights in respect of salary and pension as heretofore, and their duties shall, except so far as altered with their own consent, be such as in the opinion of the Board of Trade are analagous to those performed by them at the commencement of this Act.

(4.) On the occurrence, at any time after the passing of this Act, of any vacancy in the office of any of the said persons, the Board of Trade may, with the approval of the Treasury, make such arrangement as they think fit, either for the abolition of the office, or for its continuance under modified conditions, and may appoint a fit person to perform the remaining duties thereof, and the person so appointed shall have all the powers and authorities of the person who is at the passing of this Act the holder of such office; and all estates, rights, and effects vested at the time of the vacancy in any such officer shall by virtue of such appointment become vested in the person so appointed, and the like appointment on a vacancy shall be made, and the like vesting shall have effect from time to time as occasion requires: Provided that any person so appointed shall be an officer of the Board of

§ 153.

§§ 153, 154. Trade, and shall in all respects act under the directions of the Board of Trade.

Power to
abolish exist-
ing offices.
Bankruptcy
Act, 1869,
ss. 129, 131.

(5.) The Board of Trade may, with the approval of the Lord Chancellor, from time to time direct that any duties or functions, not of a judicial character, relating to any bankruptcies, insolvencies, or other proceedings under any Act prior to the Bankruptcy Act, 1869, which were, at the time of the passing of this Act, performed or exercised by registrars of County Courts, shall devolve on and be performed by the official receiver, and thereupon all powers and authorities of the registrar, and all estates, rights, and effects vested in the registrar shall become vested in the official receiver.

154. (1.) If the Lord Chancellor is of opinion that any office attached to the London Bankruptcy Court at the passing of this Act is unnecessary, he may, with the concurrence of the Treasury, at any time after the passing of this Act, abolish the office.

(2.) The Treasury may, on the petition of any person whose office or employment is abolished by or under this Act, on the commencement of this Act or on any other event, inquire whether any, and if any, what compensation ought to be made to the petitioner, regard being had to the conditions on which his appointment was made, the nature of his office or employment, and the duration of his service; and if they think that his claim to compensation is established, may award to him, out of moneys to be provided by Parliament, such compensation, by annuity or otherwise, as under the circumstances of the case they think just and reasonable.

(3.) The Board of Trade may, under the like conditions and on the like terms, abolish any of the offices in the last preceding section mentioned.

Under the Act of 1869, the comptroller exercised the supreme

audit of accounts and the general control over trustees (e). The §§ 154, 155. registrars and all other officers of the Court acting in bankruptcy were also required to make to the comptroller returns of the business of their respective Courts, from which he prepared books to which the public had access for information and search, and the comptroller also was required to prepare an annual report to the Lord Chancellor, which was to be laid before Parliament, and lists of creditors, proceedings at first meetings, memorandums of orders of discharge, or of annulling adjudication, and of close of bankruptcies, were also sent to the comptroller (f).

This Act transfers to the Administrative Department of the Transfer of duties. Board of Trade such duties as were formerly discharged by the comptroller; and the comptroller and his staff are not officers of the Supreme Court; and the like provision is made as to the official assignee, and provisional and official assignees of the estate of insolvent debtors, and the receiver of the Insolvent Debtor's Court, who will perform their or analogous duties under the direction of the Board.

abolished.

Bankruptcy
Act, 1869,
s. 134.

155. (1.) The Lord Chancellor or Board of Trade Performance of new duties by may, at any time after the passing of this Act, appoint persons whose any person whose office is abolished under this Act to offices are some other office under this Act, the duties of which he is in the opinion of the Lord Chancellor or Board competent to perform. Provided that the person so appointed shall during his tenure of the new office receive an amount of annual remuneration which, together with the compensation for the loss of the abolished office, is not less than the emoluments of the abolished office.

(2.) When, after the commencement of this Act, any officer is continued in the performance of any duties relating to bankruptcy or insolvency, under any previous Act, the Lord Chancellor, or as the case may be, the

(e) See s. 58, Act 1869, r. 251. (f) Upon the passing of the Act of 1869 all then existing officers of the old London Bankruptcy Court

were transferred and attached to the
London Bankruptcy Court, see s. 129
of Act 1869.

§§ 155, 156, Board of Trade may order that such officer may, in ad

157.

Selection of persons from holders of abolished offices. Bankruptcy Act, 1869, s. 132.

Acceptance of public employ

tants.

dition to such duties, perform any analogous duties under this Act, without being entitled to receive any additional remuneration.

As to the power to appoint officers under this Act from existing officers, see Sect. 156.

As to power to appoint official receivers, see Sect. 71.

156. Every person appointed to any office or employment under this Act shall in the first instance be selected from the persons (if any) whose office or employment is abolished under this Act, unless in the opinion of the Lord Chancellor, or in the case of persons to be appointed by the Board of Trade, of that Board, none of such persons are fit for such office or employment: Provided that the person so appointed or employed shall during his tenure of the new office be entitled to receive an amount of remuneration which, together with the compensation (if any) for loss of the abolished office, shall be not less than the emolument of the abolished office.

Selection of persons.

As to appointment of official receivers, see Sect. 71.

As to performance of new duties by persons whose office is abolished, see Sect. 155.

As to power of Lord Chancellor, with concurrence of Treasury, to abolish existing offices, see Sect. 154.

As to the comptroller, official and provisional assignees, and their staff, see Sect. 153.

157. If any person to whom a compensation annuity is ment by annui granted under this Act accepts any public employment, he shall, during the continuance of that employment, receive only so much (if any) of that annuity as, with the remuneration of that employment, will amount to a sum not exceeding the salary or emoluments in respect of

Bankruptcy
Act, 1869,
s. 135.

159.

the loss whereof the annuity was awarded, and if the §§ 157, 158, remuneration of that employment is equal to or greater than such salary or emoluments the annuity shall be suspended so long as he receives that remuneration.

This section relieves the charge upon the fund as to a person in respect of superannuated services, or in respect of an office abolished, who is entitled to compensation upon the acceptance by the individual of public employment.

tion of regis

Act, 1869, s. 136.

158. The registrars, clerks, and other persons holding Superannua their offices at the passing of this Act who may be con- trars, &c. tinued in their offices, shall, on their retirement there- Bankruptcy from, be allowed such superannuation as they would have been entitled to receive if this Act had not been passed, and they had continued in their offices under the existing Acts.

Superannuation of Registrars.

The abolishment of offices, or the disqualification of registrars, is not, so far as their right to superannuation is concerned, to affect such right where the registrar continues to act as registrar, although the effect of this Act may happen to work a considerable reduction in the number of duties thereafter to be discharged by the registrars.

Many of these duties will hereafter be performed by the official receivers.

estates on

159. In every liquidation by arrangement under the Transfer of Bankruptcy Act, 1869, pending at the commencement of vacancy of this Act, if at any time after the commencement of this office of trustee in liquidation Act there is no trustee acting in the liquidation by reason under the Bankruptcy of death, or for any other cause, such of the official re- Act, 1869. ceivers of bankrupt's estates as is appointed by the Board of Trade for that purpose shall become and be the trustee in the liquidation, and the property of the liquidating debtor shall pass to and vest in him accordingly; but this provision shall not prejudice the right of

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