Proceedings to obtain A djudieation.—A debtor may himself petition for adjudication without filing any previous declaration of insolvency ; but be must file a statement upon oath of his debts and liabilities, and of the causes of his embarrassments. In the case of non-traders, in order to support a petition for adjudication, or a judgment summons, the debt must have accrued after the 6th day of August, 1861 (the date of the passing of this act). Debtors in prison may petition in forma pauperis, upon making affidavit of poverty. Jailers are to make monthly return of all their prisoners detained for debt ; and a registrar of the court for the district is monthly to visit all jails within the jurisdiction of his court, and to examine touching their estate and dealings all such prisoners included in such return who have been in custody fourteen days in the case of traders, or two calendar months in I the case of non-traders. Prisoners not submitting to such examination may be committed to jail for a month, with hard labour, and also bo adjudicated bankrupts. But prisoners detained solely under County Court or Small Debt warrants are not within these latter provisions, nor are they entitled to petition in forma pauperis.
Procedure after Adjudication.—The official assignee must forthwith take possession of the bankrupt's estate, and must hold it until the appointment of a creditors' assignee. The first meeting of creditors and the president thereof are to be appointed by the court ; and the majority in number and value of the creditors may transfer the pro ceedings to any County Court out of the metropolitan district; and a, majority in value may then determine uponany allowance to be made the bankrupt up to the time of his his last examination. The proceedings in bankruptcy may be superseded, and an arrangement for winding up and administering the estate out of bankruptcy may be come to by due majorities of the creditors ; and the debtor may then, upon making a full discovery, be entitled to an order of discharge. Some important provisions are made as to sale of real estate belong ing to bankrupts, and particularly as to the settled real estate of non-traders; but these are of too technical a nature for discussion here.
Creditors' Assignee.—The majority iu value of creditors who have proved may choose their assignee, iu whom, upon confirmation and certificate by the court, the estate and effects of the bankrupt are to be exclusively vested ; and the official assignee is thereupon forthwith to render to such creditors assignee a full account of the bankrupt's estate, and of all dealings therewith, which account is to be formally audited and furnished to every creditor who has proved. The creditors' assignee may be required to give security ; and he may be removed by the court at the instance of the creditors, and a new assignee may be chosen. The duties of the creditors assignee are similar to those hitherto discharged by the official assignee ; but to the latter is still entrusted the collection of all debts under 10/. The creditors' assignee
must, from three months to three months, account to the official assignee for his dealings with the estate; and his accounts are to be printed and furnished to the creditors.
Dealings with the Estate.—Assignees may occupy leasehold premises of a bankrupt up to some day on which rent ie payable not beyond six months from the adjudication, and may then elect to decline any lease or agreement for a lease under which the premises had been held. Creditors' meetings may authorise the mortgage or pledge of the bankrupt's estate.
Proof of Debts.—Creditors may prove their debts by forwarding through the General Post to the assignee a statement thereof, verified by their own declaration of its truth. False proofs entail the punish ment of perjury. Landlords may prove for rent pro raid in respect of current periods. Unliquidated damages may be ascertained by the `verdict of a jury before, or under the direction of, the court. Con tingent liabilities may be determined and valued by the court at the instance of the person claiming the benefit of such liability.
Orders of Discharge.—The classification of certificates is abolished. Where a bankrupt is charged with any misdemeanour under this act, he may be tried by the court, or, if the bankrupt require it, by a jury either in the Court of Bankruptcy, or, in the option of that court, in any "of the ordinary courts of criminal justice." If the bankrupt be convicted of such misdemeanour, his discharge may be refused, or suspended, absolutely or conditionally. If he be not convicted of any such misdemeanour, his conduct is still to be inquired into by the court, and his order of discharge may be granted, or refused, or sus pended, either absolutely or conditionally ; and the bankrupt may be imprisoned by the court (without trial by jury) for any period not exceeding one year. Misdemeanours under this net, and their penal cousequences, are defined by a 221 as follows :—" From and after the commencement of this act, any bankrupt who shall do any of the acts or things following, with intent to defraud or defeat the rights of his creditors, shall be guilty of a misdemeanour, and shall be liable, at the discretion of the court before which the shall be con• victed, to punishment by imprisonment for not more than three years, ur to any greater punishment attached to the offence by any existing statute : " 1. If he shall not, upon the day limited for his surrender, and before throe of the clock of such day, or at the hour and upon the day allowed him for finishing his examination, after notice thereof in writing, to be served upon him personally or left at his usual or last known place of abode or business, and after the notice herein directed in the ' London Gazette,' surrender himself to the court (having no lawful impediment allowed by the court), and sign or subscribe such render, and submit to bo examined before such court from time to time.