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SEALS OF COURTS.

THE BANKRUPTCY ACT, 1883.

I, THE RIGHT HONOURABLE ROUNDELL, EARL OF SELBORNE, Lord High Chancellor of Great Britain, Do hereby, by virtue of the power vested in me by the Bankruptcy Act, 1883, Order that the High Court shall, from and after the 1st day of January, 1884, have and use in respect of bankruptcy proceedings therein a seal describing such court as "The Supreme Court of Judicature, Bankruptcy; and that every county court shall, from and after the time aforesaid, have and use the same seal as heretofore.

FEES AND PER-CENTAGES.

THE BANKRUPTCY ACT, 1883.

Selborne, C.

I, THE RIGHT HONOURABLE ROUNDELL, EARL OF SELBORNE, Lord High Chancellor of Great Britain, Do, by virtue of the powers vested in me by the Bankruptcy Act, 1883, prescribe that the fees and per-centages in the scales hereto annexed shall, from and after the first day of January, 1884, be the fees and per-centages to be charged for or in respect of proceedings under the said Act, and shall be taken in any court having jurisdiction in bankruptcy and in any office connected with any such court, and in the Board of Trade and any office connected therewith, and by any officer paid wholly or partly out of public moneys attached to any such court or to the Board of Trade.

Selborne, C.

SCALE OF FEES AND PER-CENTAGES.

TABLE A.

Every declaration by a debtor of inability to pay his debts.

Every bankruptcy notice

Every bankruptcy petition

Every bond with sureties

Amount.

£ s. d. 050 050

5 0 0 0 10 0 0 20 050

Every affidavit filed, other than proof of debts

Every subpoena not exceeding three persons..

For taking an affidavit or an affirmation, or attestation,
upon honour in lieu of an affidavit or declaration, except
for proof of debts, for each person making the same
And in addition thereto for each exhibit therein re-
ferred to and required to be marked

On every proof of debt

01 6

0 1 0

0 1 0

For every witness sworn and examined by an officer of the court or Board of Trade in his office, unless otherwise provided, including oath, for each hour or part of an hour.. 0 10 0 For an examination of witnesses by any such officer away from the office (in addition to reasonable travelling and other expenses) per day

Every petition under section 125 of the Act

Every special proxy or voting paper

....

Every receiving order under section 103 of the Act..

3 0

3105

0900

0000

Every application for an order of discharge

And for each creditor to be notified............. Every application to the court under sections 18 and 23 to approve a scheme, a fee computed at the rate of £1 upon the first £100 or fraction of £100 and 58. upon each £25 or fraction thereof above £100 on the gross amount of the estimated assets.

Every application to the court under sections 18 and 23 to approve a composition, a fee computed at the rate of £1 upon the first £100 or fraction of £100, and 58. upon each £25 or fraction thereof above £100 on the gross amount of the composition.

Every application for search other than by petitioner,

trustee, banker, or officer of the court..

£ 3. d. 20 0 010

01 0

Every application to a court, except by the official receiver. 0 5 0 Every office copy, each folio of 72 words

004

On every record of trial

500

or such less sum as the court may specially order.

Every allocatur by any officer of the court for any costs, charges or disbursements, where the amount allowed shall

not exceed £4

020

Where the amount exceeds £4, for every £2 allowed, or a fraction thereof

010

TABLE B.

Every application to an official receiver to appoint a special manager

05 0

Every application by a committee of inspection to the Board of Trade for a local banking account

Every order of the Board of Trade for a local banking account

.....

1 0 0

2 0 0

On one copy of the cash book, showing assets realised, forwarded for audit by the official receiver or trustee, to the Board of Trade, a fee at the rate of £1 upon the first £100 or fraction thereof, and 5s. upon each £25 or fraction thereof beyond £100 on the gross amount of the assets realised and brought to credit. This fee is not to be charged where a fee has been taken on an application under sections 18 or 23.

Every application under section 162 to the Board of Trade for payment of money out of the bankruptcy estates account 2s. 6d.

TABLE C.

£ s. d.

High bailiff attending court each sitting

0 20

Serving every bankruptcy notice, bankruptcy petition, or subpoena within two miles, including affidavit of service 0 Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commitment within two miles of court house....

3 6

0 10 0

Keeping possession under a warrant-for each day the man is actually in possession; including affidavit of possession being actually kept

(not less than 3s. 6d. of the above sum is to be paid to the man in possession, and his receipt produced.) High bailiff's, or (in the London Bankruptcy District) officer's, man travelling to place of possession, or to execute a warrant of or order of commitment, or to serve a summons or subpoena, or for any other purpose specially directed by the court, per mile....

His time, per day, where distance exceeds ten miles
His expenses, per day

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If high bailiff of a county court or bankruptcy officer of Supreme Court directed by the court personally to travel, per mile

If high bailiff of a county court or bankruptcy officer of Supreme Court directed by the court personally to travel, his time, per day.

If high bailiff of a county court or bankruptcy officer of Supreme Court directed by the court personally to travel, his expenses, per day...

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TABLE D.

On the net assets realised or brought to credit by the official receiver, whether acting as interim receiver or as trustee, not being assets received and spent in carrying on the business of the debtor, £6 per cent.

On every payment under section 162 of money out of the bankruptcy estates account, 5s. on each £20 ad valorem on the amount paid.

Room for meeting of creditors, summoned by official receiver, for each creditor present personally or by proxy at each meeting

For each notice to creditor of a meeting.

Keeping possession, per day..

Travelling, and other reasonable expenses of official receiver For official stationery, books, and forms, each estate, for every fifty creditors, or less

...

£ s. d.

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....

1 0 0

TABLE E.

For every order of administration under section 122, two shillings in the pound on the total amount of the debts scheduled from time to time, excluding any fraction of a pound in such total.

TABLE F.

The fees and allowances payable on proceedings had after the thirty-first day of December, 1883, in respect of any matter which was pending in any court having jurisdiction in bankruptcy on the said day shall be the same as if those proceedings had been taken before such day, and shall be applied to the same purposes.

WE, the undersigned Lords Commissioners of her Majesty's Treasury, do hereby sanction the foregoing scale of fees and percentages, and do direct that the fees to be taken by stamps shall be those mentioned in Tables A. and B., and that the fees mentioned in Tables C., D. and E. shall be taken in money, and that the fees and allowances referred to in Table F. shall be taken by stamps or money, according as they have hitherto been taken. In respect of all proceedings in the High Court of Justice and the Court of Appeal the stamps to be used shall be Judicature fee stamps; and in respect of all other proceedings the stamps to be used shall be Bankruptcy fee stamps.

And we further direct that the stamp shall be affixed or the money paid in respect of every fee before the proceeding is had in respect of which the fee is payable, and that the charge to be made by the London Gazette for the insertion of each notice authorized by the Act or Rules shall be ten shillings, except in the cases of estates administered under Part VII. of the Act, in which cases the charge shall be three shillings and fourpence.

R. W. DUFF.

H. J. GLADSTONE.

INDEX.

ABSCONDING DEBTOR, arrest of, 35, 144.

ACCOUNTS,

of special manager, 26, 134.

of official receiver, 27, 174. Rules 207, 208, p. 268.
of trustee, 93, 179. Rules 207, 208, p. 268.

books submitted to committee of inspection, Rule
209, p. 269.

accounts of, sent to Board of Trade every six months,
Rule 211, p. 269.

affidavit of no receipts, Rule 213, p. 270.

joint and separate estates' accounts, Rule 215, p. 270.
annual returns of, Rule 217, p. 270.

ACTS OF BANKRUPTCY,

(1) Conveyance or assignment of his property by a
debtor in England or elsewhere to trustee for the
benefit of his creditors generally, 14, 129.

(2) Fraudulent dispositions by debtor of the whole or
part of his property, 15, 130.

(3) Fraudulent preference shown by debtor, 16, 130.
(4) Departure of debtor out of England, or debtor re-
maining out of England, or departing from his
dwelling house, or otherwise absenting himself, or
beginning to keep house, with intent to defeat or
delay his creditors, 16, 130.

(5) Execution against debtor levied by seizure and sale,
17, 130.

(6) Filing of declaration of insolvency, or presentation
of bankruptcy petition against himself by debtor,
18, 130.

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