or disallow, the same; and when approved by them, must be laid before parliament, and are not to come into effect until they have so lain for six weeks. By § 13, from and after the passing of this Act, no action or suit is to be commenced in the Marshalsea Court, the Palace Court, or the Peveril Court; all the powers of the said courts (§ 14) are to cease on Dec. 1, 1849; and actions and suits then depending are to be transferred to the Court of Common Pleas, or to the proper county court, as the case may require: but judgments obtained in any of the said courts (§ 15) on or before Dec. 31, 1849, may be enforced as heretofore. The records of the abolished courts (§ 16) are to be placed under the charge of the Master of the Rolls, according to the provisions of the Act for "keeping safely the public records" (1 & 2 Vict., cap. 94). § 17 provides compensation to the various officers of the abolished courts. § 18 enacts that "no privilege shall be allowed to any attorney, solicitor, or any other person, to exempt him from the provisions of this Act, or the said Act "for the more easy Recovery of Small Debts and Demands in England." LEASEHOLD TENURE OF LANDS (IRELAND). An Act for converting the renewable Leasehold Tenure of Lands in This very important Act involves so much of legal technical knowledge, that no step can be taken under it without professional assistance; it will, therefore, be sufficient to say, that the first clause enacts "that where lands in Ireland are held under any lease in perpetuity, the owner of such lease in perpetuity, at any time after the passing of this Act, and whether the time for renewal has or has not arrived, may require the owner of the reversion to execute a grant, according to the provisions of this Act, of the lands comprised in such lease; and the owner of the reversion, upon being so required as aforesaid, shall execute a grant to the owner of such lease of an estate of inheritance in fee simple in such lands, subject to a perpetual yearly fee-farm rent, of such amount as hereinafter mentioned, to be charged upon such lands, and to be payable on the same days and times as the yearly rent made payable by such lease, and subject to the like covenants and conditions for securing the payment of such fee-farm rent as are contained in such lease with respect to the rent thereby reserved, and with and subject to such other covenants, conditions, exceptions, and reservations (save covenants to grant or to accept and take a renewal of such lease, and such covenants, conditions, exceptions, and reservations, as may be commuted as hereinafter mentioned), as are contained in such lease, and then subsisting;" and the same with regard to under-leases held in perpetuity; or by § 6 a portion of the lands comprised in such lease or under-lease may be allocated in lieu of fee-farm rent, or the fee-farm rent may be charged on a part only of the lands. The provisions regarding the various conditions of the lease and other contingencies are numerous, but interesting only to the parties concerned. BANKRUPT LAWS CONSOLIDATION. [12 and 13 Victoriæ, cap. 106.-Aug. 1, 1849.] An Act to Amend and Consolidate the Laws relating to Bankrupts. This very important Act is on the whole of so professional a nature, and is so long (it contains 278 clauses), that it is impossible to give a useful popular analysis of it: we shall only therefore give an outline of its construction, with an abstract of a few of such clauses as more immediately apply to and the knowledge of which is likely to be useful to the trader himself. §§ 1 to 5 are general provisions. The Act is confined to England and Wales, and several previous Acts and parts of Acts are repealed. §§ 6 to 11 constitute the Court; §§ 12 to 25 define its jurisdiction, primary and appellate; §§ 25 to 30 reduce the number of registrars to four and prescribe their duties; §§ 31 to 36 prescribe the duties of the accountant; § 37 prescribes the duties of the master; § § 38 to 45 prescribe the duties of the official assignee; and § § 46 and 47 reduce the number of messengers to four. §§ 48 to 55 (with a schedule) regulate the fees, and the application of them; §§ 56 to 59 provide for the payment of the salaries of the officers; and § § 60 to 64 relate to the buildings of the courts. § § 65 and 66 define the persons liable to become bankrupts; § 65 enacts, "That all alum-makers, apothecaries, auctioneers, bankers, bleachers, brokers, brickmakers, builders, calenderers, carpenters, carriers, cattle or sheep salesmen, coach proprietors, cowkeepers, dyers, fullers, keepers of inns, taverns, hotels, or coffee-houses, limeburners, livery stable keepers, market gardeners, millers, packers, printers, shipowners, shipwrights, victuallers, warehousemen, wharfingers, persons using the trade or profession of a scrivener receiving other men's moneys or estates into their trust or custody, persons insuring ships or their freight or other matters against perils of the sea, and all persons using the trade of merchandize by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail, and all persons who, either for themselves or as agents or factors for others, seek their living by buying and selling, or by buying or letting for hire, or by the workmanship of goods or commodities, shall be deemed traders liable to become bankrupt: Provided that no farmer, grazier, common labourer, or workman for hire, receiver general of the taxes, or member of or subscriber to any incorporated commercial or trading company established by charter or Act of Parliament, shall be deemed as such a trader liable to become bankrupt.' By § 66 it is declared that traders having privilege of Parliament shall be dealt with like any other person, but not to be arrested or imprisoned, except in cases of felony or misdemeanour. Acts of bankruptcy in general are declared to be (§ 67) departing the realm, absenting himself or beginning to keep house, suffering himself to be arrested or taken in execution for any debt not due, yielding himself to prison or suffering himself to be outlawed or procuring himself to be arrested or his goods to be taken in execution, or making any fraudulent grant or conveyance, or fraudulent gift or transfer, of his lands or goods. A conveyance (§ 68) of a trader's property however to trustees for the benefit of his creditors not to be considered an Act of bankruptcy unless a petition for adjudication be filed within three months, but public notice of the conveyance must be given in the Gazette, and one or more newspapers. Lying in prison (§ 69) for twenty-one days or escaping from prison are acts of bankruptcy; as are also (§ 70) filing a declaration of insolvency in the office of the secretary of bankrupts if a petition for adjudication be filed within three months; and ($71) compounding with a petitioning creditor so that he would receive more in the pound than the other creditors. So is also (§ 72) the not paying, giving security for, or compounding for, a judgment debt upon which the plaintiff might sue out execution within seven days after giving notice requiring payment; and (§ 73) disobeying the order of a court of equity, &c. for payment of money after the service of a peremptory order for payment on a certain day; and so is also (§ 74) the filing of a petition in the Insolvent Debtors Court of England on application for adjudication by any creditor within two months; or on a similar petition, (975) in the Insolvent Debtors Court in India, if application be made for adjudication within two months of such notice appearing in the London Gazette; also (§ 76) the filing a petition for arrangement between a debtor and his creditors, if adjudication is prayed within the same term of two months; and (§ 77) a trader, having the privilege of Parliament, not paying or compounding with his creditors or entering an appearance to an action within one month from the time of serving him with notice of such action. § § 78 to 86 define the acts of bankruptcy committed by nonpayment of the debt after summons to appear before the court; §§ 87 and 88 are general provisions with respect to acts of bankruptcy; §§ 89 to 100 prescribe the form of procedure in order to obtain adjudication, in which the chief clauses are (§ 91) that the petitioning creditor's debt must be 50%. or upwards, or two creditors of 751. or upwards, or three of 1007. or upwards, and § 99 that the debtor may be arrested if there is probable cause for believing that he intends quitting England, or that he is fraudulently removing or concealing his goods. §§ 101 to 124 regard the adjudication and the proceedings under it; search warrants may be granted by § 106; the messenger may break open the bankrupt's doors, chests, &c., and seize his property or person by § 109; and by §§ 110 and 111 may execute the warrant in a similar way in Ireland or Scotland. By §§ 117 and 118 the court may examine the bankrupt or his wife; and (§ 120) may summon and examine persons suspected of having any of the bankrupt's property in their possession, or who may be supposed capable of giving information concerning it. §125 to 132 treat of the consequences of adjudication which may generally be said to vest all the bankrupt's property, real or personal, in the assignees; but bona fide payments, conveyances, or contracts, made before the fiat (§ 133), are not to be impeached (if not fraudulent), provided no notice has been given of a prior act of bankruptcy; nor bona fide purchases from the bankrupt, (§134) even where notices have been given, unless a fiat be sued out within twelve months from such prior act of bankruptcy. Warrants of attorney, cognovits, &c. (§ 135) are to be void if given within two months of filing the petition of bankruptcy; or (§ 136) if not filed within twenty-one days from the execution thereof; and the same with regard to a judge's order (§ 137) obtained by consent. § 138 exempts deeds and other instruments relating to bankruptcy from the stamp duties. §§ 139 to 159 regulate the rights and duties of the assignees. §160 enacts that in order to pass his last examination the bankrupt is to draw out and file a balance-sheet in such form as the court shall direct, for the preparation of which the court may make such allowance out of the bankrupt's estate as they may think fit, either for himself or for assistance if it is needed. If (§ 151) he has been apprehended on warrant and submit to be examined he is to have the same benefit as if he had surrendered. The court (§ 162) may adjourn the last examination sine die, but in such case the bankrupt is to be free from arrest or imprisonment for such time as the court may endorse on the summons. If in custody (§ 163) the court may appoint a person to attend him from time to time to produce his books, papers, &c., in order that he may prepare his balance-sheet. § § 164 to 184 relate to the proving of debts. Assessed taxes (§ 166), moneys or securities in his hands belonging to Friendly Societies, and (§ 167) three months' wages to clerks, and wages (§ 168) not exceeding 40s. to labourers, are to be paid in full. Mutual debts (§ 171) may be set off. §§ 185 and 186 relate to the audit. 187 to 190 regulate the method of making and paying dividends; and 191 and 192 provide for the disposal of unclaimed dividends. By 194 it is provided that the bankrupt shall have such allowance out of the estate as the court may think fit for his support, until he have passed his last examination, but no allowance is to be given after the court have postponed his examination sine die. If his estate (§ 192) pay 10s. in the pound he is to have an allowance of 5 per cent. on the produce, so that it does not exceed 4007.; if 12s. 6d. in the pound 7 per cent. so as not to exceed 5007.; and 10 per cent. but not exceeding 6007. if he pay 15s. in the pound. Such payments not to be made until twelve months after the bankruptcy, and then only in case the requisite dividends have been paid. If at the expiration of twelve months the dividends paid be under 10s. in the pound, the court may allow what they think fit so as not to exceed per cent. or 3001. One partner (§ 196) may receive an allowance, though other members or member may not be entitled. If the estate pay 20s. in the pound (§ 197) and leave a surplus, it is to be paid to the bankrupt after payment of interest on the debts. §198 gives the mode of obtaining the certificate of conformity; which (199) is to be under the seal of the court and the hand of the commissioners, in a form given in a schedule (Z), which prescribes forms of certificate, 1st, that the bankruptcy arose from unavoidable losses or misfortunes, or, 2nd, that it arose not wholly from unavoidable losses or misfortunes, or, 3rd, that it did not arise from unavoidable losses and misfortunes; and such certificate (§ 200), in either class, is to act as a discharge of the bankrupt from all debts due by him when he became bankrupt. But no bankrupt (§ 201) to be entitled to a certificate who has lost 201. by gaming in one day, or 2001. by gaming or stock-jobbing within the twelvemonth preceding his bankruptcy, or if he have concealed or destroyed or falsified his books, or made fraudulent entries or permitted fictitious debts to be proved. Any contract or security (§ 202) given to induce a creditor to forbear opposition is declared to be void. The certificate (§ 203) may be recalled on sufficient cause being shown before the vice-chancellor. After the certificate is allowed (§ 204) the bankrupt is to be no longer liable upon any promise or agreement made after the issue of the fiat to pay any debt or part of a debt discharged by the certificate, and (§ 205) having obtained his certificate he is to be free from arrest for any demand proveable under his bankruptcy; the certificate in such cases to be proof of the bankruptcy and of his discharge. The certificate (§ 206) not to be delivered until after the time allowed for entering an appeal, and if appealed against, not till the judgment of the vice-chancellor is obtained, but the allowance of the certificate (§ 207), unless fraudulently obtained, and the refusal or suspension of it, except in case of appeal, to be final and conclusive. §§ 208 to 210 relate to the management of bankrupts' estates in tail and copyholds under this Act. § 211 and the following clauses to 223 regulate the proceedings for arrangements under the control of the court. By § 211 any trader unable to meet his engagements to his creditors may petition the court, setting forth the true cause of such inability, and praying that his person and property may be protected from all process until further order, and the court may grant protection, renewable from time to time, taking bail for his appearance at the sittings of the court, unless he is already in prison, when the protection shall not affect his release nor affect the right of the creditor at whose suit he is imprisoned. The petition (§ 212) must be supported by affidavits, and the court (§ 213) is then to appoint a private sitting, an official assignee, and by the messenger to take possession of all his property. Ten days (214) before the time appointed for the private sitting the petitioning debtor must file a full account of his estate, and deliver a copy to the official assignee, with the proposal of the payment or compromise he is able to make. §§ 215 to 217 regulate the proof of debts and the assent to, or rejection of, the proposal, to which, if three-fifths in number and value above 10l. agree, they shall bind the rest. § 218 vests the estate in the official assignee, together with, if required by the creditors, another person, as a joint assignee. Every six months, or oftener if required by the court (§ 219), the assignee is to file an account, and if any difficulty arise in the execution of the agreement (§ 220) the court may hold a special sitting. When the agreement has been carried into effect (221), the court may give the debtor a certificate, which shall operate as a certificate of conformity, except that debts contracted fraudulently, or by reason of any judgment for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious trespass, or maliciously suing out a fiat or a petition for adjudication in bankruptcy, shall not be barred by such certificate. The official assignee (§ 222) having duly performed his trust, the court is to give him a certificate thereof. If the petitioner (§ 223) do not attend the sittings, or if he do not file his account as directed, the petition is to be dismissed; and if the proposal be not assented to, or if any of the debts have been fraudulently contracted, or arise from any of the causes above recited, or his accounts be not truly stated, the petitioner is to be adjudged a bankrupt, and the proceedings removed into the public court. $224 to 228 relate to arrangements by deed, in which six-sevenths of the creditors in number and value above 101. (§ 224), have power to bind the rest, but not (§ 225) to be obligatory on any creditor who has not signed until three months after notice of the proposed deed, unless the court shall otherwise order. The trustee under the deed (§ 226) to certify as to the proper number of creditors having signed, and the certificate to be filed, with (§ 227) an account, verified by the affidavit of the debtor, annexed, and any culpable negligence or fraud in the statement is to deprive him of the benefit of the provisions of the Act with respect to arrangements by deed, but not defeat the arrangement itself. The bankrupt (§ 230) after having passed his last examination, H |