THE ORIGIN, PROGRESS, AND PRESENT PRACTICE OF THE BANKRUPT LAW, BOTH IN ENGLAND AND IN IRELAND. SECOND EDITION, MUCH IMPROVED AND ENLARGED. BY EDWARD CHRISTIAN, Of Gray's Inn, Esq. BARRISTER AT LAW, PROFESSOR OF THE LAWS OF ENGLAND VOL. II. LONDON: PRINTED FOR W. CLARKE AND SONS, LAW BOOKSELLERS, PORTUGAL STREET, LINCOLN'S INN! HAVING introduced all the acts of parliament, which have been enacted by the legislature prior to the year 1774, I shall now proceed to the first general order of the chancellor made in that year, and shall state all the other existing general orders, and the subsequent statutes, according to their respective dates, and shall subjoin the decisions depending upon, or immediately connected with, each part, or section of them. Lord Apsley's order-12th February, 1774. Lord Chancellor.-Ordo curiæ. There having been of late many commissions of bankrupt fraudulently taken out with intent to deceive honest creditors, whereby the good intent of the bankrupt laws has been in some measure defeated, in order to prevent as far as may be the like frauds and misdoing for the future, I do hereby order and direct the secretary for the commissions of bankrupts forthwith to signify to the gentlemen named in the several standing lists of commissioners, that it is my desire and recommendation to them to be careful in examining into the reality of the debts of the petitioning creditors coming to prove their debts under the said commissions, and in case it be a single commission to inquire whether the bankrupt was concerned in any, and what partnership at the time of his bankruptcy; and in case the same be a joint commission, then to inquire of how long standing the partnership has been, and whether any separate commission has before issued and be then depending against either and which of the said partners, and that they do likewise in all cases inquire whether the bankrupt ever and how long before had obtained a certificate under any former commission, or been discharged under any act for the relief of insolvent debtors; and in case upon such inquiries they have reason to apprehend that the bankrupt in a single commission has been concerned in any partnership, or that a separate commission has before issued against either of the bankrupts in a joint commission, or that the bankrupt has before obtained his certificate under a former commission, or been discharged by any act for the relief of insolvent debtors, that the commissioners do proceed upon such inquiry, and to hear the evidence thereon in the presence of the bankrupt, who is to be informed of the subject of the inquiry, and be at liberty to lay evidence before them relating thereto; and in case any of the matters aforesaid do appear to them, that they do at the same time of making their certificate, also separately certify to me such of the aforesaid matters as they find to be true, and that they transmit such separate certificate to the secretary of bankrupts, to be laid before me at the same time with the other certificate. 2. I do also order that when any commission is applied for, the secretary do examine whether any previous application has been made, and by whom, for a commission against the same persons, and that he do give notice thereof by letter to the commissioners to whom the commission is directed, that they may inquire into the same. 3. I do further order that when any certificate is brought to the secretary, in order for him to get any allowance thereof, he do search for and certify to me whether he can find any previous certificate having been before allowed to the same bankrupt. 4. I do also order that when any commission has issued, and the commissioners have not found the person against whom it issued to be a bankrupt, in case another commission be granted, (whether on the petition of the same or any other creditor,) the secretary do take care that such second commission be directed to the same commissioners to whom the first commission was directed. 5. I do also order, that the secretary never deliver out any affidavit made, or bond given, by any petitioning creditor without my particular order for his so doing. 6. And lastly, I do order and declare, that a docquet being struck, and no commission issued thereon, should in no case prevent the issuing of a commission on the petition of any other creditor, so as such second application be not made in less than four days after such docquet struck, exclusive of the said day of striking the same; any former practice to the contrary notwithstanding. Apsley, C. The general orders of the chancellor ought to have the same binding efficacy upon commissioners of bankrupt and solicitors, as an act of the legislature. I shall therefore introduce them all according to their dates. Most of these general orders consist of several parts, or of regulations, which are quite distinct from each other: I shall therefore for the convenience of reference divide them into their parts, and affix the respective number. The general order of Lord Bathurst is the first, which has been preserved in the words in which it was composed. It is remarkable that the two first orders of this general order, are now neglected or disregarded. And the neglect or omission of them can scarce produce any legal disadvantage; for upon an application to stay a bankrupt's certificate, one of the grounds relied on |