Every deed, conveyance, assignment, surrender, admission, or other assurance relating solely to freehold, leasehold, copyhold, or customary property, or to any mortgage, charge, or other incumbrance on, or any estate, right, or interest in any real or personal property which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assignment, surrender, admission, or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond, or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty, except in respect of fees. under this Act.

Executions.

145, Sales under Executions to be Public.-Where the sheriff sells the goods of a debtor under an execution for a sum exceeding twenty pounds (including legal incidental expenses), the sale shall, unless the court from which the process issued otherwise orders, be made by public auction, and not by bill of sale or private contract, and shall be publicly advertised by the sheriff on and during three days next preceding the day of sale.*

* This provision is new, and we need hardly say extremely important, because it takes means (probably the most effectual that could be devised), to give publicity to the commission by a debtor of an act of bankruptcy (see sub-section (d) of clause 4), and thus afford his creditors an opportunity of taking advantage of it for their protection. It will be seen that three days' notice of the sale must be given by public advertisement. This will enable the creditors to take advantage of the provisions of clauses 45 and 46; which see ante.

146. Writ of Elegit not to extend to Goods.-(1.) The sheriff shall not under a writ of elegit deliver the goods of a debtor, nor shall a writ of elegit extend to goods.

(2.) No writ of levari facias shall hereafter be issued in any civil proceeding.*

Bankrupt Trustee.

147. Application of Trustee Act to Bankruptcy of Trustee. Where a bankrupt is a trustee within the Trustee Act, 1850, section thirty-two of that Act shall have effect so as to authorise the appointment of a new trustee in substitution for the bankrupt (whether voluntarily resigning or not), if it appears expedient to do so, and all provisions of that Act, and of any other Act relative thereto, shall have effect accordingly.†

This clause effects an important and beneficial alteration in the law. As the law stood before the present act, suffering the execution of a writ of elegit was not an act of bankruptcy on the part of a debtor, as was the case with a writ of fi. fa. when the chattels were sold for £50 or upwards. The result was that a creditor who seised under an elegit prior to any act of bankruptcy to which the title of the trustee might relate was secure in the possession of the goods. And, further, if an elegit were completed by inquisition, and delivery before adjudication, and without notice of an available act of bankruptcy prior to seizure, it could not be set aside. It is obvious that in this state of the law it was frequently possible to evade the operation of the Bankruptcy Act by the device of seising goods under a writ of elegit. This abuse is for the future effectually prevented by the short and summary enactment that a writ of elegit shall no longer extend to goods. The writ of levari facias was similar to an elegit, by which it has practically been superseded.

+ This clause re-enacts clause 117 of the Bankruptcy Act of 1869, with two or three unimportant verbal alterations. The following is the clause of the Trustee Act of 1850 referred to :-"That whenever it shall be found expedient to appoint a new trustee or new trustees,

Corporations, &c.

148. Acting of Corporations, Partners, &c.*-For all or any of the purposes of this Act a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members, and a lunatic may act by his committee or curator bonis.

Construction of former Acts, &c.

149. Construction of Acts mentioning Commission of Bankruptcy, &c.t-(1.) Where in any Act of Parliament, instrument, or proceeding passed, executed, or taken before the commencement of this Act mention is made of a commission of bankruptcy or fiat in bankruptcy, the same shall be construed, with reference to the proceedings under a bankruptcy petition, as if a commission of or a fiat in bankruptcy had been actually issued at the time of the presentation of such petition.

(2.) Where by any Act or instrument, reference is made to the Bankruptcy Act, 1869, the Act or instrument shall be construed and have effect as if reference

and it shall be found inexpedient, difficult, or impracticable so to do without the assistance of the Court of Chancery, it shall be lawful for the said Court of Chancery to make an order appointing a new trustee or new trustees, either in substitution for or in addition to every existing trustee or trustees." It will be observed that under the section of the Bankruptcy Act we are now considering the Court of Chancery can appoint a new trustee under section 32 of the Trustee Act of 1850, whether the bankrupt is or is not willing to retire. * Clause 80, sub-section 7, of the Act of 1869.

The first sub-section re-enacts section 119 of the Act of 1869; the second sub-section is, of course, new.

were made therein to the corresponding provisions of this Act.

150. Certain Provisions to bind the Crown.-Save as herein provided the provisions of this Act relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge shall bind the Crown.*

151. Saving for existing Rights of Audience.— Nothing in this Act, or in any transfer of jurisdiction effected thereby shall take away or affect any right of audience that any person may have had at the commencement of this Act, and all solicitors or other persons who had the right of audience before the Chief Judge in Bankruptcy, shall have the like right of audience in bankruptcy matters in the High Court.

152. Married Women.-Nothing in this Act shall

*This clause is new, and will have an important effect in all cases where the insolvent is a Crown debtor. Speaking broadly, its effect will be to place the Crown in the position of an ordinary creditor, and compel it to come in pari-passu with other creditors, instead of enjoying a priority, which frequently defeated their claims. To this rule there are, however, certain exceptions created by sub-section (a) of clause 40, which includes amongst the debts to which priority is given "assessed taxes, land tax, property or income tax assessed [on the debtor] up to the 5th day of April next before the date of the receiving order, and not exceeding in the whole one year's assessment. Moreover, as the law formerly stood, the discharge of a bankrupt did not release him from debts due to the Crown. Under the present clause that anomaly or injustice will be diminished, if not removed, since the discharge will have the same effect upon debts due to the Crown as upon debts due to a private person, except in the cases specially mentioned in clause 30 (which see ante).

affect the provisions of the Married Women's Property Act, 1882.*

Transitory Provisions.

153. Comptroller of Bankruptcy, &c., and their Staff. (1.) The existing comptroller in bankruptcy and his officers, clerks, and servants shall not be attached to the Supreme Court, but shall in all respects act under the directions of the Board of Trade.

(2.) The existing official assignee, provisional and official assignee of the estates and effects of insolvent debtors, and receiver of the Insolvent Debtors' Court, 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

* By sub-section 5 of clause 1 of the Married Woman's Property Act 1882, it is provided "that every married woman carrying on a trade separately from her husband shall, in respect of her separate property, be subject to the bankruptcy laws in the some way as if she was a feme sole." A married woman will, therefore, only be subject to bankruptcy in respect of any separate property she may possess; and then if, and only if, she carries on a trade separately from her husband. Unless she has separate property, and carries on a separate trade, she cannot be made bankrupt under the Married Woman's Property Act, and by the present clause the same immunity is secured to her under the Bankruptcy Act, 1883.