COUNTY COURT RULES, January, 1884. R. 1, 2. When debtor not to be committed. When no commitment to issue, or if issued, not to be executed. RULES 19, 20, and 21 of Order XIX. of the County Court Rules, 1875, are hereby annulled, and the following Rules shall stand in lieu thereof. 1. Where a judgment-debtor shall, upon the return day of a judgment-summons, satisfy the Court that a receiving order has been made for the protection of his estate, or that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that, in respect of the debt, resolutions have been duly registered under the 125th or 126th sections of the Bankruptcy Act, 1869, or that an order has been made for the administration of his estate made under section 122 of the Bankruptcy Act, 1883, no order of commitment shall be made. 2. Where a judgment-debtor shall, after the making of an order of commitment against him, file, in the Court in which the order was made, an affidavit according to the form in the Appendix, stating that a receiving order has been made for the protection of his estate, or that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that in respect of the judgment debt resolutions have been duly registered under either of the before-mentioned sections of the Bankruptcy Act, 1869, or that an order for the administration of his estate has been made under section 122 of the Bankruptcy Act, 1883, annexing to such affidavit in such last-mentioned case a certificate of the Registrar of the Court in which such last-mentioned order shall have been so made, and shall forthwith, upon such affidavit being so filed, give notice to the judgment-creditor of the filing thereof, such order of commitment shall not issue, but if issued and not executed, it shall be recalled. Discharge of 3. Where a judgment-debtor is arrested, he may file in the R. 3, 4. County Court within the district of which he is in custody, an affidavit as mentioned in the last preceding rule, and give the debtor. notice to the judgment-creditor thereof, as therein required, and thereupon the judgment-debtor shall be discharged out of custody upon the certificate of the Registrar of that Court. that an order tration has of adminis 4. Where an order for the administration of a debtor's Certificate estate has been made under the provisions of section 122 of the Bankruptcy Act, 1883, the Registrar of the Court in which the order shall have been so made, shall, upon the application under sect. of the debtor, issue to him a certificate according to the form 122, Bankin the Appendix. been made ruptcy Act, 1883. and say, of 1. That under the Debtors Act, 1869, an order for my committal was made by the above Court [or the County Court holden at ], for making default in payment of due from me in pursuance of an order [or judgment] of the [here insert the Court in which order or judgment was given]. £ 2. That on the day of 18, I was adjudicated a bankrupt by the [here insert the Court by which adjudication was made]. [or That on the day of 18 , a receiving order was made for the protection of my estate by the [here insert the Court by which the receiving order was made]. 3. That the receiving order [or the order of adjudication] was published in the London Gazette on the day of App. 4. That the debt, in respect of which the above order [or judgment] was given, was provable under the bankruptcy. [or 2. That my affairs are in course of liquidation [or have been liquidated] by arrangement under section 125 of the Bankruptcy Act, 1869, and that the debt in respect of which the above order [or judgment] was given was included in the statement produced to the meeting of my creditors. or, 2. That I have entered into a composition with my creditors under the provisions of section 126 of the Bankruptcy Act, 1869, and that the debt in respect of which the above order [or judgment] was given was inserted in the statement produced to the meetings of my creditors.] 3. That the special resolution mentioned in section 125 of the Bankruptcy Act, 1869 [or the extraordinary resolution mentioned in section 126 of the Bankruptcy Act, 1869], was filed in the [here insert name of Court] on the [or day of 2. That on the day of 18 an order for the administration of my estate was made by the [here insert the Court by which the order was made] as shown by the certificate of the Registrar of that Court hereto annexed. Sworn at C.D. CERTIFICATE. The Debtors Act, 1869. In the County Court of holden at day of I hereby certify that an order for the administration of the estate of A.B. of [here insert address and description of debtor] was made under the provisions of section 122 of the Bankruptcy Act, 1883, on the 18 and that a debt has been duly notified by A.B. as being due from him to [here insert the name, address, and description of the creditor whose name the debtor wishes to be inserted]. Registrar. CERTIFICATE BY REGISTRAR FOR DISCHARGE OF JUDGMENT DEBTOR. The Debtors Act, 1869. In the County Court of holden at Between 4.B., Plaintiff, and C.D., Defendant. I HEREBY certify that the defendant who was committed an affidavit in this Court, stating that [here insert statement in day of Registrar. WE, Rupert Kettle, Alfred Martineau, Henry J. Stonor, and James Motteram, being Judges of County Courts appointed to frame Rules and Orders for regulating the practice of the Courts, and Forms of Proceedings therein, under the 32nd section of "The County Courts Act, 1856," have by virtue of the powers vested in us thereby, and of all other powers enabling us in this behalf, framed the foregoing Rules, and we do hereby certify the same to the Lord Chancellor accordingly. RUPERT KETTLE. I approve of these Rules to come into force in all County Courts on the twenty-first day of January, 1884. SELBORNE, C. W.B. PP App. THE DEBTORS ACT, 1878. Court or Judge to have discretion in cases within exceptions 3 33 Vict. c. 62, 8. 4. 41 & 42 VICT. c. 54. An Act to amend the Debtors Act, 1869, and the Debtors Be it enacted by the Queen's most excellent Majesty, by 1. In any case coming within the exceptions numbered 3 and 4 in the fourth section of the Debtors Act, 1869, and in the fifth section of the Debtors Act (Ireland), 1872, and 4 in 32 & respectively, or within either of those exceptions, any Court or Judge, making the order for payment, or having jurisdiction in the action or proceeding in which the order for payment is made, may inquire into the case, and (subject to the provisoes contained in the said sections respectively) may grant or refuse, either absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment, and any application to stay the operation of any such writ, process, order, or for discharge from arrest or imprisonment thereunder. Short title and construction. 2. This Act may be cited as the Debtors Act, 1878, and shall be construed as one with the Debtors Act, 1869, as regards England, and as one with the Debtors Act (Ireland), 1872, as regards Ireland; and the Debtors Act, 1869, and this Act may be cited as the Debtors Acts, 1869 and 1878, and the Debtors Act (Ireland), 1872, and this Act may be cited as the Debtors Acts (Ireland), 1872 and 1878. |