public examination of every insolvent; the rendering of the bankrupt's discharge a serious formality of substantial value to him: the safeguards provided against the appointment of dishonest trustees: the power of the debtor to petition himself: the submission of all composition schemes for approval to the Court: these and other provisions effect a very salutary reform in the Law of Bankruptcy, and appear likely to ensure the success of the new Act.

But, in addition to the provisions stated above, the Act also deals with what are called "Small Bankruptcies."

Estates not exceeding 3007. may be wound up summarily by a particular procedure; and when judgment has been obtained against a debtor owing less than 507. in a County Court he is enabled to give in a schedule of his debts and propose an arrangement, and if the Court thinks such arrangment reasonable it may be at once affirmed.

The Courts having jurisdiction in bankruptcy under the Act are the High Court and the County Courts. From and after the commencement of the Act the London Bankruptcy Court is united and consolidated with and shall form part of the Supreme Court of Judicature, and the jurisdiction of the London Bankruptcy Court shall be transferred to the High Court. And see post, p. 116.

The Act itself is described as "An Act to amend and consolidate the Law of Bankruptcy," and may be cited as the "Bankruptcy Act, 1883." It shall, except as otherwise especially provided (see post, p. 127), commence and come into operation from and immediately after De

cember 31st, 1883, and shall not, in general, extend to Scotland or Ireland (see sects. 1-3).

In the Act, unless the context otherwise requires, "The Court," means the Court having jurisdiction in bankruptcy under the Act.

"Gazetted," means published in the London Gazette. "High Court," means Her Majesty's High Court of Justice.

66

Ordinary Resolution," means a resolution decided by a majority in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution.

66

Special Resolution," means a resolution decided by a majority in number, and three-fourths in value of the creditors present personally or by proxy, and voting on the resolution.

"Secured Creditor," means a person holding a mortgage, charge, or lien, on the property of the debtor, or any part thereof, as a security for a debt due to him from the debtor.

And other terms will be found defined by the Act, see post, p. 215.

The enactments described in the fifth Schedule of the Act (see post, p. 225) are repealed as from the commencement of the Act to the extent mentioned in that schedule. Provided that, after the passing of the Act, no composition or liquidation by arrangement under sects. 125 and 126 of the Bankruptcy Act, 1869, shall be entered into without the sanction of the Court or registrar having jurisdiction in the matter (sect. 170).

It may be stated generally, that any person is liable to be made a bankrupt who is capable of making a binding contract.

Infants. An infant, of course, being incapable of contracting, except for necessaries, cannot be adjudged a bankrupt; and contracts entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries), and all accounts stated with infants, are now absolutely void. Further, even if an infant, after he comes of age, makes a promise to pay a debt so contracted during infancy, or if he ratifies any such promise, no action can be brought on such promise or ratification (see The Infants' Relief Act, 1874 (37 & 38 Vict. c. 62)). It follows, therefore, that no proceedings in bankruptcy can be taken upon any debt rendered void by this Act, even though confirmed by the infant after attaining majority (see Ex parte Kibble, Re Onslow, L. R., 10 Ch. 373).

Lunatics. A lunatic cannot commit an act of bankruptcy, since such an act cannot possibly be committed without intention; and whether a lunatic can be adjudged bankrupt whilst insane seems doubtful. But a

lunatic, it would appear, may be made a bankrupt if he has both contracted the debt and committed the act of bankruptcy whilst of sound mind or during a lucid interval (see Ex parte Stamp, De Gex, 345; Anon., 13 Ves. 590; Ex parte Layton, 6 Ves. 440).

Married Women. Under the old law a married woman could not, as a general rule, make binding contracts or at law possess or dispose of personal estate; and, therefore, she could not be made a bankrupt.

Now, however, by the Married Women's Property Act, 1882 (45 & 46 Vict. c. 75), sect. 1, sub-s. 5, it is provided, that "every married woman carrying on a trade separately from her husband shall, in respect of her separate property, be subject to the bankruptcy laws in the same way as if she were a feme sole."

Even before the above Act was passed there appear to have been some exceptions to the general rule that a married woman could not be made bankrupt, since a married woman was liable to bankruptcy, if trading on her sole account, under the custom of the City of London (see La Vie v. Phillips, 3 Burr. 1783); and the same if her husband were a convict (Ex parte Franks, 7 Bing. 762); and a woman judicially separated from her husband may also, apparently, be made bankrupt (see 20 & 21 Vict. c. 85, s. 26); or one who has obtained a protection order (sect. 21).

It will be observed, also, that sect. 1, sub-s. 5, of the Married Women's Property Act, 1882, above quoted, applies only to married women carrying on a separate trade. It would appear, therefore, that others will still be free from the action of the bankruptcy laws. It is especially provided by the present Bankruptcy Act, 1883, that nothing in the Act shall affect the provisions of the Married Women's Property Act, 1882 (see sect.

152). Now that a completely independent status is secured to married women having separate property, however, it is not easy to see why a married woman who may happen to contract debts beyond the means of her separate property, and for which her husband is not liable, should not be subject to bankruptcy in the ordi

nary way.

Peers. Peers can be adjudged bankrupt, and in that case, by sect. 32 of the Bankruptcy Act, 1883, the debtor is disqualified for "sitting or voting in the House of Lords, or on any committee thereof, or being elected as a peer of Scotland or Ireland to sit and vote in the House of Lords."

Members of Parliament. So, too, when a debtor is adjudged bankrupt he is disqualified in like manner from "being elected to, or sitting or voting in, the House of Commons, or on any committee thereof," by the same section.

And if a member of the House of Commons is adjudged bankrupt, and the disqualifications arising therefrom under the Act are not removed within six months from the date of the order, the Court shall, immediately after the expiration of that time, certify the same to the Speaker of the House of Commons, and thereupon the seat of the member shall be vacant (sect. 33).

But the disqualifications to which a bankrupt is subject by the section shall be removed and cease if (1) the adjudication against him is annulled, or (2) he obtains from the Court his discharge, with a certificate to the effect that his bankruptcy was caused by misfortune, without any misconduct on his part.

Justices of the Peace, &c. A debtor adjudged