BANKRUPT-continued. c. 106; and wholly repealed, except s. 4, by 24 & 25 Vict. c. 134. district commissioners of Court of Bankruptcy to be masters extraordinary of the Court of Chancery, for purpose of Winding-up Act, and matters may be referred to them, 11 & 12 Vict. e. 45, s. 123; such district commissioners to be commissioners for taking evidence under Winding-up Acts, 12 & 13 Vict. c. 108, s. 20. empowering commissioners of Court of Bankruptcy to order the release of bankrupts from prison in certain cases, 11 & 12 Vict. c.86; wholly repealed by 12 & 13 Vict. c. 106, and new provisions, s. 112 of that act. amending and consolidating the laws relating to bankrupts; abolishing fiats, and giving primary jurisdiction to the London and district Courts on petitions for adjudication of bankruptcy; and reenacting many provisions of the former acts, with various new provisions relative to bankrupts and their estates, and also to arrangements with creditors under the superintendance and control of the Court, and arrangements by deed, &c., (the Bankrupt Law Consolidation Act, 1849), 12 & 13 Vict. c. 106, (a); ss. 7, 8, (a) The second edition contains the following note on this act:"Few acts have been passed having greater pretensions than the Bankrupt Law Consolidation Act, 1849. It was held up as a model of consolidation and completeness; and, judging from the style in which it was spoken of, it might have been supposed that within its four corners every word of the statute law of bankruptcy was to be found. Such a supposition, however, would be very erroneous. The act, useful as it is, if regarded as an experiment in codification, cannot be pronounced a successful one. On examination of the particulars brought together under this title, it will be found that, while only four acts have been entirely repealed, and seven partially so, there are provisions relating to the bankrupt law still scattered through more than thirty statutes antecedent to the Consolidation Act of 1849. Some of these scattered provisions-perhaps many of them-must of necessity have been left untouched, but there are others which unquestionably ought to have been reenacted, or in some way noticed, in a professed consolidation of this branch of the law. There are other anomalies in the act for which it is difficult to account, except on the supposition that certain existing enactments were actually unknown to the framers of this act. How else, for example, are we to account for the re-enactment (mentioned in note (a) page 34, ante) of the 4 & 5 Will. 4, c. 40, s. 12, giving priority to debts due from any officer of a Friendly Society, while no notice is taken of the corresponding provision of 3 & 4 Will. 4, c. 14, s. 28, with regard to the officers of Savings' Banks? Acts of Parliament-especially modern ones-are difficult enough of construction, when open before the lawyer, but the difficulties of the statute book are greatly enhanced when, through unskilful and inaccurate draughtmanship, it is left uncertain where the actual letter of the existing law is to be found. It is, apparently, because the framers of some modern Acts of Parliament despair of certainty in particularizing the statutes affected by their proposed changes, that they have adopted the loose-and withal useless-plan of repealing (as in the statute now remarked upon), besides specified acts, "every other act, and such parts of every other act, as shall be inconsistent with this act,"-thus avowedly leaving it to judges, practitioners, and students, to grope for, as best they can, what our law makers themselves have given up in despair! Law reformers would do well to look a little more carefully to form, as well as to substance; for their BANKRUPT-continued. 10, 14, 15, 16, 18, 20, 25, 26, 28, 36, 37, 39, 44, 45, 46, 48, 52, 54, 58, 59, 60, 61, 62, 69, 70, 72, 73, 75, 90, 91, 92, 93, 94, 96, 160, 183, 185, 187, 188, 189, 193, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 209, 211 to 231, both inclusive, 237, 239, 243, 244, 245, 246, 247, 249, 251, 252, 253, 255, 256, 257, 258, 259, 261, 266, 270, 271, 276 and 278, "and such other parts as may be inconsistent" with "the Bankruptcy Act, 1861,” repealed, 24 & 25 Vict. c. 134. bankrupt contributory under Winding-up Acts to be represented by his assignees, 12 & 13 Vict. c. 108, s. 14; official manager may prove against estate of bankrupt contributory for balance ordered by the Master to be proved, ib. s. 30. authorizing commissioners of district Courts to issue warrants in certain cases for arrest of absconding debtors, 14 & 15 Vict. c. 52. transferring jurisdiction of the Vice Chancellor in bankruptcy, to the Court of Appeal in Chancery, 14 & 15 Vict. c. 83, s. 7; subject to appeal to the House of Lords, ib. s. 10. commissioners of bankruptcy may direct prosecution for perjury, 14 & 15 Vict. c. 100, s. 19. if member of any Industrial and Provident Society become bankrupt, he shall be deemed to have withdrawn from the Society on the day of the filing of the petition for adjudication, 15 & 16 Vict. c. 31, s. 4. the bankruptcy of a plaintiff in an action which the assignees might maintain, not to be pleaded in bar, unless the assignees decline to continue, and give security for the costs thereof (the Common Law Procedure Act, 1852), 15 & 16 Vict. c. 76, s. 142. abolishing the offices of Lord Chancellor's Secretary of Bankrupts, and Clerk of Inrolments in Court of Bankruptcy, and transferring duties to office of Chief Registrar; declarations of insolvency, &c., formerly filed with the Secretary of Bankrupts to be filed in the office of the Chief Registrar, certified copies by whom to be evidence; all documents to be used on appeal before the Lords Justices, to be entered with the present Registrar, &c., 15 & 16 Vict. c. 77; s. 10 repealed, 24 & 25 Vict. c. 134. regulating appointments to offices in the Court of Bankruptcy, and amending the laws relating to bankrupts, 17 & 18 Vict. c. 119; ss. 3, 11, 12, 13, 14, 15, 20, 21, 22, 25, 26 and 27, repealed, 23 & 25 Vict. c. 134. jurisdiction of district courts of bankruptcy, in small charities, extended, 23 & 24 Vict. c. 126, s. 11. amending the law relating to bankruptcy and insolvency in England; giving to the Court of Bankruptcy for the purposes of the act, all the powers of the superior courts of law and equity, and all jurisdiction of the Insolvent Court, and providing for the distribution of the estates of bankrupts (traders and non-traders), by an uniform system, through the medium of the Court of Bank labours would be incalculably more useful, if made available to the simplification, instead of adding to the difficulties and entanglement of the statute book." BANKRUPT-continued. ruptcy in London, and the Judges of the County Courts, and the 1. As to the Court of Bankruptcy and the Com- 2. Officers of the Court 3. Filling up vacancies SECTIONS. 4. As to the Court for the relief of Insolvent 10. Practice and Procedure of the Court 13. 11. As to the buildings occupied for the Courts '1 to 7 17 27 32 36 44 47 49 67 75 14. Act of Bankruptcy by non-payment after thereon Petitions for adjudication of bankruptcy and 16. Adjudication of bankruptcy against pauper 17. Lunatic prisoners for debt Choice of a Creditors' Assigneee 20. Rights and duties of the Creditors' Assignee 26. Discharge of the Creditors' Assignee 27. Change from bankruptcy to arrangement 28. Trust deeds for benefit of creditors, composition 31. Affidavits, declarations, and affirmations 32. As to Solicitors 212 34. Orders of the Lord Chancellor, and of the Court of Appeal in Chancery 35. Attendance of witnesses out of the jurisdiction 215 214 BANKRUPT-continued. 36. As to powers for mutual aid of the Courts in BANKS. See BANK OF ENGLAND; BANKERS. for savings, see SAVINGS' BANKS. SECTIONS. 216 to 220 221 225 226 228 229 200 232 BAPTISMS, registration of, see REGISTERS (Parish); REGISTRA TION. BARGAIN AND SALE, to pass estate of freehold or inheritance, to be enrolled in one of the King's Courts at Wesminster, or with custos rotulorum of county, within six months, 27 Hen. 8, c. 16. of lands in counties of Lancaster, Chester, and bishoprick of Durham, to be valid if enrolled in the palatine Courts, 5 Eliz. c. 26. of lands in West Riding of Yorkshire, good, if enrolled at Register Office, Wakefield, 5 Ann. c. 18; the like as to the East Riding, or Kingston-upon-Hull, if enrolled at Register Office, Beverly, 6 Ann. c. 35, s. 16; words, "grant, bargain and sell" in bargains and sales enrolled in pursuance of Registry Act to be construed as express qualified covenants for the title, ib. s. 30; similar provisions as to effect of enrolment, and construction of the words "grant, &c.," with respect to bargain and sale of lands in North Riding of Yorkshire, enrolled at local Registrar Office, 8 Geo. 2, c. 6, ss. 21, 35. for making tenant to writ of entry, want of enrolment of, in due time, not to invalidate recovery, 3 & 4 Will. 4, c. 74, s. 10; bargain and sale of tenant in tail under present act, to be valid, although not enrolled within the time prescribed by 27 Hen. 8, c. 16, if enrolled within six calendar months after execution, ib. s. 41. See LEASE AND Release. BARRATRY, against, 3 Edw. 1, c. 33. See MAINTENANCE AND CHAMPERTY. BARRISTER, practising without taking oaths of allegiance, &c., a præmunire, 7 & 8 Will. 3, c. 24. to take oath of abjuration, 13 Will. 3, c. 6, and other acts, see ABJURATION. oath, &c., to be taken by Roman Catholics practising as, 31 Geo. 3, c. 32, s. 22. oaths may be taken before a single Judge in the Bail Court, 1 Geo. 4, c. 55, 8. 4. appointment and duties of, to revise lists of voters at Parliamentary elections, 2 & 3 Will. 4, c. 45, s. 49, et seq., and see tit. ELECTION. in construction of present Act (for appointing two additional Vice BARRISTER-continued. Chancellors) and of every other prior act for appointment to any extending to all barristers the privileges of serjeants-at-law, in the provisions as to barristers practising in the County Courts, 9 & 10 Queen's counsel and barristers having patents of precedence, may c. 6. BASE FEES, after 31st December, 1833, where estate tail has been BASTARDS not to be rendered legitimate by marriage of parents, certain proclamations to be made before writ issues to the ordinary settlement of, see under tit. Poor; division Settlement; subdivision, repeal of acts relating to liability and punishment of putative father, former remedies against putative father repealed, and new provisions See, as to appeals, 12 & 13 Vict. c. 45, under tit. QUARTER money in savings' banks belonging to illegitimate depositors dying |