Imágenes de páginas
PDF
EPUB

an

(a) Applications by a creditor for leave to commence any

action or other legal proceedings under section 9. (6) Deciding on the validity of an objection by the Board

of Trade to the appointment of a trustee under

section 21. (c) Applications by a trustee for leave to disclaim a lease

under section 55. (d) Applications for an order rescinding any contract made

with the bankrupt under section 55. (e) Opposed application for a vesting order under section 55. (f) Special cases stated for the opinion of the High Court

under section 97. (9) Applications to transfer actions under section 102 (4). (1) Applications by the Board of Trade under section 102

(5). () Applications by a trustee for leave to commence

action in the names of the trustee and of the bank

rupt's partner under section 113. (k) Applications for the approval or for the amendment of

issues of fact to be tried by a jury under Rule 84. (1) Applications for direction as to the trial of issues of fact

under Rule 86; and (m) Applications for directions as to the trial of actions

brought by a trustee under Rule 91. 3. Any matter or application which a Registrar has jurisdiction to hear and determine under the above-mentioned Act and the General Rules made in pursuance thereof, and this order, or any of them, except judgment debtors summonses under section 5 of the Debtors Act, 1869, shall be adjourned to be heard before the judge in open court; (a) If all the contending parties require the matter or appli

cation to be so adjourned : (6) If any of the contending parties require, or in the case

of an ex parte motion, if the applicant requires the matter or application to be so adjourned, and the Registrar is of opinion that it involves a question of

difficulty on the ground of novelty or otherwise. 4. Where any matter or application is adjourned to be heard by the Judge, the Registrar shall certify to the Judgo W.B.

MM

whether the matter or application is adjourned at the request of all or of some and which of the parties, and in the latter case the Registrar shall also state shortly the question of difficulty involved.

5. Where any matter or application is so adjourned by a Registrar sitting in open Court it shall be adjourned to be heard by the Judge in open Court. Where any matter or application is so adjourned by a Registrar sitting in chambers, it shall, if any of the contending parties, or in the case of an ex parte motion, if the applicant so requires, be adjourned to be heard by the Judge in open Court; but otherwise it shall be adjourned to be heard by the Judge in chambers. The 1st day of January, 1884.

(Signed) LEWIS W. CAVE.

REGULATIONS for the conduct of business in Bankruptcy before

the Judge, and for the hearing of Appeals and Adjourned

Summonses under the fifth section of the Debtors Act, 1869. 1. All matters and applications in Bankruptcy which by the Act or the Rules, or the general or special directions of the Judge, are to be heard before him, except matters and applications adjourned by a Registrar to be heard by the Judge in chambers, will be heard in open Court unless otherwise ordered.

2. The Judge will sit in open Court at the Royal Courts of Justice on every Monday during the sittings of the High Court, unless notice to the contrary is given, and if the business set down for any Monday is not disposed of on that day the Judge will sit on the following Tuesday for the purpose of completing such business.

3. All matters and applications for hearing before the Judge in open Court, except ex parte motions, shall be set down in a list to be kept at the office of the Senior Registrar, and will be heard in the order in which they are set down in such list except in cases of emergency or for any other sufficient cause.

4. Ex parte motions will be heard immediately on the sitting of the Court before all other matters and applications,

and, in case of emergency, may by leave of the Judge be made at any time during the day.

5. The hearing of applications for the committal of any person to prison, the hearing of objections by the Board of Trade to the appointment of a Trustee, and the hearing of matters and applications adjourned by a Registrar to be heard before the Judge in open Court, shall take place on such Monday during the sittings as the Registrar shall appoint, or so soon thereafter as the matter or application can be heard.

6. Every notice of motion to be heard before the Judge shall name some Monday during the sittings for hearing the motion, and such motion will be heard on the Monday so named, or so soon thereafter as the motion can be heard.

7. The Judge will sit in chambers at the Bankruptcy Buildings, Lincoln's Inn Fields, on every Saturday during the sittings of the High Court (unless notice to the contrary is given) for the purpose of hearing matters and applications adjourned by the Registrars to be heard before the Judge in chambers, and also for the purpose of hearing appeals and adjourned summonses under section 5 of the Debtors Act, 1869. In case of emergency ex parte motions may also be made before the Judge in chambers.

8. All such matters, applications, appeals, and adjourned summonses for hearing before the Judge in chambers shall be set down not later than 1 o'clock on the previous Friday in a list to be kept at the office of the Senior Registrar and will be heard in the order in which they are set down in such list.

9. In the ensuing Hilary Sittings (except in cases of emergency with respect to which such arrangements as may be

necessary will be made by a Judge to be named for that purpose by the Lord Chancellor under the Act) the Judge will not sit in open Court until Monday the 18th of February, nor in chambers until Saturday the 16th of February. Appeals from County Courts standing for hearing will be heard on Monday and Tuesday, the 18th and 19th of February, and on every subsequent Monday and Tuesday during Hilary Sittings, such appeals shall be set down for hearing in the Senior Registrar's list of matters and applications for hearing by the Judge in open Court, and will be heard in the order in which they are so set down. Appeals now standing for hearing shall forthwith be set down by the clerk in charge of such list for hearing on Monday, the 18th February.

10. These regulations shall come into operation from and immediately after the date hereof. Dated the 7th day of January, 1884.

(Signed) LEWIS W. CAVE.

I, Roundell, Earl of Selborne, Lord High Chancellor of Great Britain, by virtue of the 94th section of the Bankruptcy Act, 1883, and all other powers enabling me in that behalf, do hereby order that during the absence on the circuit, commencing on the 11th day of January next, of the Honourable Mr. Justice Cave, all the matters in the said 94th section mentioned may be transacted and disposed of by or under the direction of the Honourable Mr. Justice Mathew, one of the Justices of the Queen's Bench Division of the High Court of Justice, and that the said Honourable Mr. Justice Mathew shall be the Judge of the High Court named for that purpose. The 7th day of January, 1884.

(Signed) SELBORNE, C.

533

THE DEBTORS ACT, 1869.

32 & 33 VICT. C. 62. An Act for the Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors, and for other purposes.

[9th August, 1869.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary.

88 1-4. 1. This Act may be cited for all purposes as “The Short title. Debtors Act, 1869."

2. This Act shall not extend to Scotland or Ireland. Extent of act. 3. This Act shall not come into operation until the day Commence

ment and on which the Bankruptcy Act, 1869, comes into operation, construction which day is hereinafter referred to as the commencement

of Act. of this Act, and words and expressions defined or explained in the Bankruptcy Act, 1869, shall have the same meaning in this Act.

PART I.

PART I. Abolition of Imprisonment for Debt. 4. With the exceptions hereinafter mentioned, no per- Abolition of son shall, after the commencement of this Act, be arrested for debt with or imprisoned for making default in payment of a sum of exceptions. money.

In Harvey v. Hall, L. R. 16 Eq. 31, an order was made on the defendant to deliver to a receiver bills and cheques, or to

« AnteriorContinuar »