sioners, and officers of the Court of Bankruptcy, are subjected to certain penalties for misconduct; and by sect. 59, any such offender (see sect. 58, p. 8, ante) may be prosecuted either by information, at the suit of her Majesty's Attorney-General, or by criminal information before her Majesty's Court of Queen's Bench, or by indictment: provided always, nevertheless, that if any registrar, deputy registrar, clerk, messenger, or assignee, shall commit any offence against this act, it shall and may be lawful for the Court of Review or the Lord Chancellor to dismiss the person so offending, upon proof made before him or them of such offence having been committed, upon a rule to shew cause; provided further that if such court, on cause being shewn, shall think fit to direct an issue to be tried touching the matter of the said charge, such issue may be tried before the said chief judge or one of the other judges of the said Court of Review.

BOOK I.

THE LAW RELATING TO BANKRUPTS.

BEFORE we enter upon the subjects of the laws relating to bankrupts, it may be necessary to remark, that all the statutes in force upon the subject, at the passing of the 6 Geo. 4, c. 16, have been repealed, and the substance of them re-enacted, with alterations in some respects, by that statute: and by that statute (sect. 135) it is enacted, "that this act shall be construed beneficially for creditors;—and that nothing herein contained shall alter the present practice in bankruptcy, except where any such alteration is expressly declared; and that it shall extend to aliens, denizens, and women, both to make them subject thereto, and to entitle them to all the benefits given thereby; and that all the powers hereby given to, or duties directed to be performed by, the Lord Chancellor, shall and may be exercised or performed by a Lord Keeper or Lords Commissioners of the Great Seal; and all powers given to, or duties directed to be performed by, the commissioners or assignees, may be exercised, and shall be performed respectively, by the major part of the commissioners, or by one assignee, where only one has been chosen ;-and that nothing herein contained shall render invalid any commission of bankruptcy now subsisting, or any proceedings which may have been had thereunder ;-and that this act shall not extend either to Scotland or Ireland, except where the same are expressly mentioned. "

This statute is to take effect from the 1st September, 1825, excepting so much thereof as relates to certificates of conformity, which shall take effect upon the passing of the act (2nd May, 1825).

By statute 1 & 2 Will. 4, c. 56, s. 16, it is enacted, "that all laws and statutes, rules and orders, now in force relating to bankrupts, or to commissioners of bankrupt, or to proceedings under such commissions, or to the subject-matters of such proceedings, or to the persons concerned therein or in any way affected thereby, shall in like manner extend and be construed to extend in every respect, as far as the same may be applicable, to this act, and to fiats issued in pursuance thereof, and to all proceedings under the same, and to all the subject-matters of such proceedings, and to all persons concerned therein, or in any way affected thereby to all intents and purposes whatsoever, as if every such fiat were a commission of bankrupt under the Great Seal of the United Kingdom of Great Britain and Ireland, save and except as may be otherwise directed by this act." And by sect. 41, it is enacted, "that wherever this statute (1 & 2 Will. 4, c, 56) hath used words

importing the singular number or the masculine gender only, yet it shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and that wherever the words 'Lord Chancellor' are used, they shall also be understood to mean 'Lord Keeper and Lords Commissioners for the custody of the Great Seal;' and that this act shall not extend either to Scotland or Ireland, except where the same are expressly mentioned or referred to."

This statute (1 & 2 Will. 4, c. 56) is to take effect on the 11th day of January, 1832, except so much thereof as relates to the appointment of the judges and other officers thereby authorized, which shall take effect from the passing of the statute (20th Oct. 1831).

CHAP. I. The Law in ordinary Cases of Bankruptcy.

II. Of Partners; and herein, of Joint and Separate Fiats.
III. The Law relating to the Bankruptcy of Members of
Parliament.

IV. Fiats against Traders in India.

CHAPTER I.

THE LAW IN ORDINARY CASES OF BANKRUPTCY.

SECT. 1. Who may be a Bankrupt.

2. The Acts of Bankruptcy.

3. The Petitioning Creditor's Debt.

4. The Docket and Fiat.

5. Opening of the Fiat, and declaring the party a Bankrupt. 6. Seizure of the Property by the Messenger.

7. Proof of Debts.

8. Choice and Appointment of Assignees.

9. The Appointment of Assignees and Property passing thereby.

10. The Bankrupt's Surrender.

11. The Bankrupt's Examination.

12. Examination of other Persons relative to the Bankrupt's

Estate.

13. The Certificate.

14. The Dividend.

15. Costs.

16. Annulling the Fiat.

17. Petitions and Motions.

18. The Assignees.

19. The Bankrupt.

20. The Creditors.

SECTION I.

Who may be a Bankrupt.

I. By stat. 6 Geo. 4, c. 16, s. 2, it was enacted, “that all

Bankers.] These had already been made subject to the bankrupt laws, by stat. 5 Geo. 2, c. 30, s. 39. And it has been holden that persons shall be deemed bankers within the meaning of the latter statute, if they act as such, although they may not actually keep an open banking-house, or may keep their books, and conduct their business, in a manner different from that usually adopted by bankers (a). An army or navy-agent is not to be deemed a

banker (b).

Brokers.] These were before made subject to the bankrupt laws, by stat. 5 Geo. 2, c. 30, s. 39. The word "brokers" here, includes not only brokers concerned in the purchase and sale of merchandize, but also stock-brokers (c); ship-brokers (d); and pawnbrokers (e); and even where a pawnbroker had ceased to take in pledges, but still continued to sell those that remained in his hands unredeemed, it was holden that he might be a bankrupt (ƒ). It seems that an assurance-broker is within this clause of the statute (g). And more especially as the present statute does not afford the argument formerly relied upon, in support of the negative (h). A bill-broker also is within this section (i); but the dealing in accommodation bills, without further evidence of trading as a bill-broker (k); or merely discounting a bill and procuring bills to be discounted for friends, where the party does not hold himself out as a bill-broker, but has another business, as a proctor, by which he ostensibly obtains his livelihood, does not constitute a trading as a bill-broker (7). Semble, an auctioneer is a trader as a furniture broker (m).

Any person using the trade or profession of a Scrivener, receiving other men's monies or estates into their trust or custody.] A scrivener was made subject to the bankrupt laws, and in the very words here used, by one of the repealed statutes, namely, stat. 21,

(a) Er p. Wilson, 1 Atk. 218.

(b) 1 Mont. B. L. 2.

(e) Cullen, 48.

(d) Pott v. Turner, 4 Moore, 551; 6 Bing. 702.

(e) Highmore v. Molley, 1 Atk. 206: Rawlinson v. Pearson, 5 B. & A. 124. (f) Id.

(g) Er p. Stevens, 4 Mad. 256.
(h) And see Pott v. Turner, supra.
(i) Exp. Phipps, 2 Dea. 487.
(k) lb.

(1) Ex p. Harvey, 1 Dea. 571; 2 Mon. & A. 593.

(m) Ex p. Moore, 2 Dea. 287; 3 Mon. & A. 130.

Jac. 1, c. 19, s. 2; and the nature of the trade or profession of scrivener was, at the time of the making of that act, well understood. A scrivener then was a person to whom property was intrusted, for the purpose of lending it out to others at an interest payable to his principal, and for a commission or bonus to himself, whereby he sought to gain his livelihood. Therefore, a man who had money of other persons in his possession, and who discounted bills with it for his own emolument only, was holden not to be a scrivener (n). So, it has been holden, that an attorney, purchasing and selling estates, negotiating loans, &c., for his clients in the common course of his profession, and making only the regular professional charges for the conveyance, &c., was not a scrivener within the statute of James I. above mentioned (o). But if money were usually lodged in the hands of an attorney by his clients and others, for the purpose of being invested in securities, and upon his so investing the money, he charged not only for the conveyance, but also a certain bonus or compensation for himself, and he were a conveyancer as well as an attorney, he would be deemed a scrivener within the above statute (p).

And persons insuring Ships or their Freight, or other matters, against Perils of the Sea.] Before this statute, an underwriter, as such, could not be a bankrupt (q). As to insurance-brokers (r), they are clearly not within this clause of the statute.

Warehousemen.] This is a term well understood in the city of London, and means persons who buy and sell linens, muslins, silks, and woollen goods, by wholesale; and does not, it should seem, include in it every person who owns or keeps a warehouse, and who is not otherwise a trader within the words or meaning of this statute.

Wharfingers.] This is also a term well understood in London, and means proprietors of waterside premises, who land, warehouse, and ship goods, either foreign or coastwise, for reward.

Packers.] This is also a term well understood in London, and means persons employed by merchants to receive, and, in some instances, to select goods for them, from manufacturers, dyers, calenderers, &c., and pack the same for exportation.

Builders.] A builder is one who builds houses for sale, whether on land purchased or leased for that purpose, or builds for other persons by hire or contract (s). Previously to this statute, builders were not subject to the bankrupt law. (†)

(n) Harrison v. Harrison, 1 Esp. 555. (0) Ex p. Malkin, 1 Rose, 406; 2 Id. 27, 28: Re Lewis, 2 Rose, 59: Hurd v. Brydges, 1 Holt, 654.

(p) Hutchinson v. Gascoigne, 1 Holt, 507: Ex p. Bath, Mont. 82.

(a) Ex p. Bell, 15 Ves. 355.

(r) See Er p. Stevens, 4 Mad. 256. (8) Exp. Nerinckx, 2 Mon. & A. 334; 1 Dea. 78.

(t) 5 Esp. 147; 2 Camp. 300.