The Court of Review has superintend ence in all matters of bankruptcy, and jurisdiction to hear and determine all such matters of this description as were formerly brought by petition before the Lord Chancellor, and also all such other matters as are by the act, or the rules and regulations made in pursuance thereof, specially referred to this court. The pro ceedings' before the court are by way of petition, motion, or special case, with an appeal to the Lord Chancellor in matters of law or equity; or, on the refusal or admission of evidence, such appeal to be beard by the Lord Chancellor only, and not by any other judge of the Court of Chancery. The court may direct issues as to questions of fact to be tried before any Judge of the court, or before a judge of assize, and a jury to be summoned under the order of the court. The costs in the Court of Review are in the discre tion of the court, and are to be taxed by one of the Masters of the Court of Chan cery. All attorneys and solicitors of the courts at Westminster may be admitted and enrolled in the Court of Bankruptcy without fee, and may appear and plead before the commissioners, but not before the Court of Review, in which court suitors appear by counsel. The judge of the court, with consent of the Lord Chan cellor, may make rules and orders for regulating the practice and sittings of the court, and the conduct of the officers and practitioners. The court has an official seal with which all proceedings and docu ments in bankruptcy requiring the seal are sealed. An appeal lies from the com missioners to the Court of Review, and the decision of the Court of Review on the merits as to the proof of the debt is final, unless an appeal is lodged to the Lord Chancellor within one month. The Lord Chancellor or the Court of Review may direct an appeal case to be brought before the House of Lords under certain circumstances. The judges and commis sioners have the power to take the whole, or any part of the evidence in any case before them, either viva woes on oath, or on affidavit.
Before the act 5 & 6 Vict. was passed, the plan of workiiig bankruptcies in the country was as follows :—One hun dred and forty separate lists of com missioners (each list consisting of two barristers and three attorneys ) were appointed by the Lord Chancellor (on the nomination of the judges), to whom fiats were directed for the administra tion of the bankrupt law, in one hun dred and thirty-two different cities and towns, in various parts of the country, exclusive of London. Country fiats are now addressed to one of the seven district courts of bankruptcy, which are established at Birmingham, Bristol, Ext. ter, Leeds, Liverpool, Manchester, and Newcastle. The affairs of a bankrupt at Norwich are administered in London ; a bankruptcy in the southern part of Not tinghamshire is within thejurisdiction of the Birmingham court, and if the bank rupt has lived in the northern part of the county of Nottingham, it is worked at Leeds. Each court has thus juris diction in a district of from forty to up wards of eighty miles in length. The Privy Council is empowered to select the seat of the courts, and to fix and alter their jurisdiction. The act limits the
number of commissioners for the district courts to twelve, who must be sergeants or barristers of seven years' standing, each of whom is competent to exercise the jurisdiction of the court. Two commis sioners, with from two to four official assignees, and two deputy registrars, are appointed to each district court. The Lord Chancellor may order any commis sioner or deputy-registrar of the court in London, or other qualified person, to act for or in aid of any country commissioner or deputy-registrar, or vice vend ; and in like manner the commissioner or de puty-registrar for one district may act in another. The district courts are auxiliary to each other for proof of debts and exa mination of witnesses. By act of 1849, the chief docliments in bankruptcy must be on vellum, paper, or parchment, bear ing a specified amount of duty in lieu of all fees. The principal fee is 101.
The salaries of the judge, commis sioners, and other officers of the Court of Bankruptcy, amounted, in the year end ing 1st of January, 1844, to 49,382/. ; and 12,326/. were paid besides as compensation to the old commissioners and other offi cers, of which amount 7352/. was paid to Thurlow, Patentee of Bankrupts, and 468/. to Thurlow, Rev. J., Clerk of Haim per. The whole of this sum of 12,326/., with the exception of 2433/. paid to thirteen late commissioners of bankrupts, goes to persons who are entitled on the Parliamentary Return " Hamper Offi cers," of whom the Patentee of Bankrupts receives the sum above stated. This office was and is asinecure. The judge receives 25001. per annum ; London commis sioners, 20002. (1500/. before passing of 5 & 6 Viet.); commissioners of the country district courts, 18001.; the accountant in bankruptcy (first appointed under 5 & 6 Win. IV. c. 29), 1500l.; the Lord Chan cellor's secretary of bankrupts, 12001. ; two chief registrars, 1000L each ; the deputy registrars in London 8002., and the deputy registrars of the district courts 6001., per annum each. The Lord Chancellor is empowered to order retiring annuities of 1500/. a-year to the judge, and of 1200/. to the commissioners ; and also retiring annuities of different amounts to the ac countant in bankruptcy, registrars, &c. These salaries are paid out of the fund entitled the "secretary of bankrupts' ac count." The amount of certain fees taken in the Court of Bankruptcy, London, for the year ending 11th of January,1844, was 2892/. ; and from 11th of Nov., 1842, to 11th of Jan., 1844, the fees taken in the seven dis trict courts amounted to 18811. After pay ments to ushers of the courts, clerks, and other charges, the sum of about 20001. was divided amongst the registrars and deputy-registrars under § 89 of 5 & 6 Viet. c. 122.
The sum paid out as dividends to cre ditors by the accountant in bankruptcy for each of the following years ending 31st of December, was :-523,148l. in 1841; 661,230/. in 1842 ; 1,067,9761. in 1843. On the let of January, 1844, the Bank ruptcy Fund account was 1,506,407/.