7 & 8 V., C. 96. Amendment of the Law of Insolvency, Bankruptcy, and Execution.

the sums so directed to be received by the master, shall be paid by him, at such times as the Lord Chancellor shall by any order direct, into the Bank of England, to the credit of the accountant in bankruptcy, to the account intituled, "The Secretary of Bankrupts' Account," after deducting thereout such sum as the Lord Chancellor shall think fit for the expenses of the said office; and (Sect. 48) if from sickness or other unavoidable cause the said master be absent from the business of his office for a longer period than two months at any one time, the Lord Chancellor may give leave of absence, by his order in writing, to such master, and, if necessary, appoint a deputy in his place during such time as shall be stated in such order; and such deputy may, if occasion require it, be changed by the Lord Chancellor, and every deputy so appointed shall be paid out of the said fund such remuneration as the Lord Chancellor shall direct in such order, not being in any case less than one-third the amount of the salary of such master. Sect. 49.-Registrars and deputy registrars of the Court of Bankruptcy shall for the future be paid solely by salary; and (Sect. 50) all fees received by or paid over to the chief registrar of the Court of Bankruptcy shall be paid by him, at such times as the Lord Chancellor shall direct, into the Bank of England, to the credit of the accountant in bankruptcy, to the account intituled, "Interest arising from the Bankruptcy Fund Account; and (Sect. 51) the Lord Chancellor may, by order made on a petition presented to him for that purpose, direct, if he think fit, an annuity to any person executing the office of chief registrar, registrar, or deputy registrar of the said court, not exceeding two-thirds of the yearly salary which such person shall under this Act be entitled to at the time of presenting such petition.

Sect. 53. In the prosecution of any fiat in bankruptcy, or any petition for protection from process, the court may direct any deputy registrar to act, by taking proof of debts and examining witnesses, subject to such rules and regulations as the Lord Chancellor may make from time to time as he thinks fit, and the travelling expenses of such officer shall be settled by the court, and he shall exercise the same power as is vested in the court for the examining of witnesses, except the power of commitment: Provided always, that all such examinations shall be taken down in writing, and be annexed to the proceedings; and (Sect. 54) after the passing this Act deputy registrars shall be called registrars of the Court of Bankruptcy.

Sects. 55, 56.-After reciting and repealing s. 12 of the 5 & 6 W. 4, c. 29, it is enacted that the salary allowed to the accountant shall be in lieu of all fees and emoluments whatsoever, and the accountant shall not directly or indirectly receive any sum either for commission, brokerage, or otherwise, but only the sum expressly allowed to him as his salary, and henceforth the broker shall transact the brokerage business of the accountant's office upon such terms as the accountant and any two of the commissioners of bankruptcy to be appointed by the Lord Chancellor shall, with his approbation, determine; and the sum paid to the broker shall be charged by the accountant to the estate for which the investment or sale is made, and when the sum to be paid to the broker is determined, the Lord Chancellor may direct the payment or any part of it to be made from such time retrospectively and prospectively as to him may seem just. Sects. 57-69.-Provisions as to execution for the recovery of small debts, see ante, tit. EXECUTION, p. 201.

Sects. 70, 71.-Compensation to persons whose emoluments will be diminished under the operation of this Act.

Sect. 72.-After reciting that divers courts of request and other inferior courts for the recovery of small debts are not presided over by a barrister or an attorney as a judge and assessor, it is enacted that the commissioners of any such court may, if they think fit, with the approval of one of H. M.'s principal secretaries of state, appoint a person, being a barrister, who has practised for at least seven years last past, or an attorney who has practised for at least ten years, in one of H. M.'s superior courts at Westminster, or the Court of C. P. at Lancaster, to be the assessor, and shall direct that fees shall be paid to such barrister not exceeding the fees in the Schedule (B) hereunto annexed; and the said Secretary of State may remove such assessor for incompetence or misbehaviour: Provided always, that no assessor so appointed shall be deemed to be entitled to any compensation for the loss of his office, or for any diminution in the value thereof, by reason of the passing of any general Act for the recovery of small debts. Sect. 73.-In the construction of this Act the word "Property " shall include all real and personal estate and effects of the petitioner within this realm and abroad (except the wearing apparel, &c., hereinbefore mentioned) and all the future estate, right, title, interest, and trust of such petitioner in or to any such real or personal estate, or which

Amendment of the Law of Insolvency, Bankruptcy, and

may come to him, and all debts due to him, before he has obtained the final order as aforesaid; and the words "Oath" and "Affidavit" shall include affirmation, where by law such affirmation may be taken in lieu of an oath; and all powers given to the Lord Chancellor may be exercised by the Lord Keeper and Lords Commissioners of the Great Seal; and the word "Judge," as applied to any court for the recovery of small debts, shall include the county clerk, steward, assessor, or person presiding in such court. Words importing the singular number and masculine gender shall be applied to many as well as one, and to females as well as to males, and words importing the plural number shall (unless the construction be repugnant to the subject-matter or the context) be applied to one as well as many, and the provisions of the recited Act and of this Act shall be construed by analogy to the law of bankruptcy, except where otherwise therein expressly mentioned; and (Sect. 74) nothing herein contained shall be construed to repeal, affect, or in any manner alter the provisions of the recited Act, except so far as herein above expressly provided, or except so far as the provisions of the said recited Act may be inconsistent or at variance with the provisions of this Act.

The humble petition of [insert at full length the name, address, and quality of the petitioner, and also the description of the trade or business, or (if more than one) trades or businesses, which he carries or has carried on during his twelve months' residence within the district of the court]:

Sheweth, That your petitioner is not a trader within the meaning of the statutes now in force relating to bankrupts [if a trader, strike out the word "not," and add after the word "bankrupts the words, "but owing debts amounting in the whole to less than 3007."]

That your petitioner has resided twelve calendar months within the district of this honourable court, that is to say, [insert the places and periods of residence.]

That your petitioner has become indebted to divers creditors, whose names are inserted in Schedule (A) [or as the case may be] to this his petition annexed, and that he is unable to pay his debts in full.

That your petitioner has examined the said schedule, and that such schedule contains a full and true account of your petitioner's debts, and the claims against him, with the names of his creditors and claimants, and the dates of contracting the debts and claims severally, as nearly as such dates can be stated, the nature of the debts and claims, and securities [if any] given for the same, and that there is reasonable ground in his belief for disputing so much of the debts as are thereby mentioned as disputed, and also a true account of the nature and amount of his property, and an inventory of the same, and of the debts owing to him, with their dates as nearly as such dates can be stated, and the names of his debtors, and the nature of the securities [if any] which he has for such debts; and that the said schedule doth also contain a balance sheet of so much of his receipts and expenditures as is required by this honourable court in that behalf, and doth fully and truly describe the wearing apparel, bedding, and other such necessaries of your petitioner and his family, and his working tools and implements.

That your petitioner has not parted with or charged any of his property [except for the necessary support of himself and his family, and the necessary expenses (not exceeding £) of this his petition, or in the ordinary course of trade] at any time within three months of the date of filing this his petition, or at any time with a view to this petition.

That your petitioner is desirous that his estate should be administered under the protection and direction of this honourable court, and that he verily believes such estate is of the value of £ at the least, unencumbered, and beyond the value of his wearing apparel, and other matter which your petitioner is authorized to except by this Act, and that the same is available for the benefit of his creditors.

7 & 8 V., c. 96. Amendment of the Law of Insolvency, Bankruptcy, and Execution.

That your petitioner submits to this honourable court the proposal for the payment of his debts contained in the said schedule.

That your petitioner is ready and willing to be examined from time to time touching his estate and effects, and to make a full and true disclosure and discovery of the same. Your petitioner, therefore, prays such relief in the premises as by the statutes now in force for the relief of insolvent debtors may be adjudged by this honourable court. And your petitioner shall ever pray, &c.

A. B., of, the petitioner named in the petition hereunto annexed [if the petitioner afirm, alter accordingly] maketh oath and saith, that the several allegations in the said petition, and the several matters contained in the schedule hereunto annexed, are true. Sworn, &c.

(A, No. 3.)

Final Order for Protection from Process.

In the Court of Bankruptcy, London,

or

In the - District Court of Bankruptcy.

- of -, an insolvent debtor, and

In the matter of the petition of —, of, in the not being a trader within the meaning of the statutes now in force relating to bankrupts [or being a trader within the meaning of the statutes now in force relating to bankrupts but owing debts amounting in the whole to less than 3007.]

-

Be it remembered, that the said - having presented his petition for protection from process to this honourable court, and such petition having been duly filed in court, and the said petitioner having duly appeared, and been examined touching his debts, estate, and effects, and it appearing to the undersigned commissioner that the said, by virtue of the statutes in that case made and provided, is entitled to the protection of his person, from being taken or detained under any process whatever in respect of the several debts and claims hereinafter mentioned, a final order is hereby made to protect the person of the said from being taken or detained under any process whatever, in respect of the several debts and sums of money due or claimed to be due at the time of filing his petition, from the said petitioner to the several persons named in his schedule as creditors, or claiming to be creditors for the same respectively, or for which such persons shall have given credit to the said petitioner before the time of filing his petition, and which were not then payable, and as to the claims of all other persons not known to the said petitioner at the time of making this order, who may be indorsers or holders of any negotiable security set forth in this schedule, and it is hereby directed, that the proposal of the said petitioner set forth in his petition for the payment of his debts be carried into effect in the following manner; that is to say:

LAND REVENUE OF THE CROWN.

THE 10 G. 4, c. 50, repeals or supersedes all prior Acts on this subject unless the 22 C. 2, c. 6, & 22 & 23 C. 2, c. 24, are to be excepted, which relates to the sale of fee-farm rents belonging to the crown, which are repealed, however, so far as regards the duchy of Lancaster by the 19 G. 3, c. 45, (see Dig., Part I., tit. LAND REVENUE OF THE CROWN.) The 7 & 8 V., c. 89, provides for the auditing the accounts of the commissioners of woods and forests, and the 8 & 9 V., c. 99, amends the 10 G. 4, c. 50. See INFRA.

7 & 8 V., c. 89. Auditing the Accounts of the Commissioners of H. M.'s Woods and Forests.

Sect. 1.-After reciting that doubts had arisen whether the commissioners for auditing the public account had power to audit the accounts of the commissioners of H. M.'s woods and forests, it is enacted that the first named commissioners shall have power to audit the accounts of all monies which by any Act of Parliament are under the control of the commissioners last named; and (Sect. 2) every general account of the land revenue of the crown, after being audited, shall be kept of record in the Land Revenue Record Office; and (Sect. 3) the record of such accounts in the said office shall be as valid, and deemed to have the same effect and legal incidents, as the inrolment and record of such accounts in the office of H. M.'s remembrancer of the Court of Exchequer, or in any other office, or before any other officer of any other court of record of law or equity in the U. K.

8 & 9 V., c. 99. Amendment of the 10 G. 4, C. 50.

Sect. 1.-After reciting the 10 G. 4, c. 50 ; 2 & 3 W. 4, c. 1; 3 & 4 W. 4, c. 69, by which powers of leasing are given to the commissioners of woods and forests, it is enacted that in the execution of such powers it shall be lawful for the commissioners to demise all the estate, right, title, and interest of H. M., Her heirs and successors in right of the crown, of and in any portions of the shore of the sea, or any arms thereof, or of navigable rivers or lands derelict or gained, or which may hereafter become derelict or gained from the sea or any arms thereof, or of navigable rivers, as by the said recited Acts is provided with regard to land or ground thereby authorized to be leased for any term not exceeding ninety-nine years, except that when the lessee covenants to make any embankments or do other acts, in the opinion of the said commissioners necessary or expedient for reclaiming such land, or to construct wharfs, docks, or other works thereon, to the satisfaction of the said commissioners, and for the permanent improvement of the value of the said land, it shall not be necessary to enter into any contract to erect on such land any building other than and except as aforesaid. Sect. 2.-When any leases shall be granted, or agreements entered into, after the passing this Act in pursuance of the powers in the recited Acts and this Act, of any land or ground whereon any such person may have erected buildings in ignorance of the crown's title to such land, then leases may be granted or agreements entered into, without reference to or taking into consideration the value of the buildings, and with reference only to the value of the land; and (Sect. 3) where leases have been heretofore granted of ground intended to be applied for building purposes, reserving different rents for different portions of the term, instead of one uniform rent, the same are hereby absolutely confirmed, and shall be taken to have been made within the powers in the said first-mentioned Act contained; and (Sect. 4) the said commissioners in the exercise of their powers for the future in granting such leases may either reserve one uniform rent in respect thereof, or may reserve separate rents for separate parts of the term, as they think fit; but all leases and agreements for leases shall be made and entered into in the manner and subject in all respects as by the first recited Act is provided, except as far as the terms and provisions of the said Act are hereby altered or extended. Sect. 5.Where any licence or waiver of any forfeiture or power of re-entry reserved in any lease heretofore granted, or hereafter to be granted, of the possessions or land revenues of the crown is at any time given by the said commissioners (which they are hereby authorized to do, by any memorandum in writing, without stamp,) every such licence or waiver, shall, unless otherwise expressed, only extend to the actual breach of the particular covenant, but not so as to prevent any proceeding for any subsequent breach or omission (unless otherwise specified in such licence) or to the actual assignment, under lease or other matter thereby specifically authorized to be done; and all rights under covenants and powers of forfeiture and re-entry in the lease contained

8 & 9 V., c. 99. Amendment of the 10 G. 4, c. 50.

shall remain in full force and virtue, and shall be available as against any subsequent breach of covenant or condition, assignment, underlease or other matter not specifically authorized or made dispunishable by such licence or waiver in the same manner as if no such licence or waiver had been given; and the condition or right of re-entry shall be and remain in all respects as if such licence or waiver had not been given except in respect of the particular matter waived.

Sect. 6. The said commissioners may accept a surrender of any lease, and grant separate leases of the hereditaments so surrendered, for the residue of the term for which they were held, and apportion the rent reserved in or by any surrendered lease as they think fit, and any leases which may have heretofore been made on any such surrender as aforesaid, and which might have been made if this Act had passed," are (so far as relates to any question as to the validity of any such surrender and regrant) hereby confirmed; and (Sect. 7) whenever a surrender is made for the purpose of taking a new lease, the new lease shall be taken to be a renewal of the surrendered lease within the scope of the 4 G. 2, c. 28, s. 6.

Sect. 8.-Where in any lease made in pursuance of the recited Act, 10 G. 4, and this Act, there is contained a covenant on the part of the lessee to insure against fire the buildings erected, the said commissioners, or any two of them, may at their discretion release by licence or waiver, as hereinbefore is provided, the tenant or lessee from any such covenant, whether default has been made or otherwise, and where such insurance is covenanted to be made in the joint names of the said commissioners, and other persons or otherwise, the said commissioners, or any two of them, at their discretion may designate any persons in whose names such insurance shall be made in lieu of the names of the said commissioners; and such names shall be in all respects equivalent to the names of the said commissioners until such designation as aforesaid be revoked in writing, and a new name be appointed by the said commissioners, and the insurance may be made in the name of the commissioners as if they were a corporation, and they shall sue and recover under any policy so effected, in all respects as if they were incorporated by such name; and such an insurance shall be deemed a compliance with the covenant.

Sect. 9.-Where a tenant of crown lands has transferred, or may hereafter transfer, any stock for redemption or purchase of land tax in ignorance of the exception in the Land Tax Act, the 38 G. 3, c. 5, the commissioners may transfer to such tenant so much stock as shall be a compensation for the stock so transferred: Provided always, that during the continuance of the estate of any such tenant, his executors, administrators, or assigns, by whom such attempted purchase as aforesaid has been made, H. M., Her heirs and successors, shall be entitled to a rent charge to be issuing out of such land, equal in amount to the land tax redeemed.

Sect. 10. Such parts of an estate near Millbank, Westminster, now vested in H. M., as have not been required for purposes of the Penitentiary, shall be under the management of the said commissioners, and every grant already made or agreement entered into by the said commissioners, is hereby confirmed; and (Sect. 11) the said commissioners are empowered to purchase the Grapes Tavern at Kensington; and (Sects. 12, 13) the provisions of the 10 G. 4, and 5 & 6 V., c. 19, so far as applicable, shall extend to the said premises.

LUNATICS.

PROVISION has been made by several statutes in respect to lunatics as the 17 E. 2, St. 2, cc. 9, 10; 11 G. 4 & 1 W. 4, cc. 20, 65; 3 & 4 W. 4, cc. 22, 51, 74; 1 & 2 V., c. 110, as to the custody and property of lunatics; the 2 & 3 E. 6; 6 G. 4, c. 53; 3 & 4 W. 4, c. 36; 5 & 6 V., c. 84, as to inquisitions of lunacy; the 15 G. 2, c. 30, for preventing the marriage of lunatics; the 39 & 40 G. 3, c. 94, amended by the 3 & 4 V., c. 54, for the safe custody of insane persons charged with the commission of criminal offences, see Dig., Parts I., III., tit. LUNATICS. The 9 G. 4, c. 40, and the 5 & 6 V., c. 87, provide for the erection and managing lunatic asylums, see Dig., Part I., tit. LUNATIC ASYLUMS, Part III., tit. LUNATICS; but the latter of these is expired, and the former is repealed by the 8 & 9 V., c. 126, which last is explained and amended If this Act had passed. Quære, "If this Act had not passed."

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