shall apply to the cases of persons petitioning under the said acts, although they may have been already in prison under judgment or otherwise for debt.

8.-If insolvent shall not have resided six months, jurisdiction vested in Insolvent Court or County Court.

Provided always, and be it enacted, that if any such insolvent shall not have so resided for six months in any one place as aforesaid, then he shall file his petition in the said Insolvent Debtors Court, and the jurisdiction aforesaid in the matter of such insolvency shall be vested either in the Court for the Relief of Insolvent Debtors in London, or in such one of the said County Courts as the said Court for the Relief of Insolvent Debtors shall direct.

9.-Petitions now pending under recited acts, &c., to be disposed of notwithstanding the passing of this act.

And be it enacted, that with respect to petitions under the aforesaid acts or either of them which are now in dependence, or which shall have been presented to the Court of Bankruptcy or any District Court of Bankruptcy before the time at which this act shall commence and take effect, the provisions of such acts, and the jurisdiction of such courts and the commissioners thereof under such acts, or under the rules and orders made in pursuance thereof, shall remain in full force and effect notwithstanding the passing of this act.

10.-Jurisdiction of the Court for the Relief of Insolvent Debtors on circuit transferred to County Courts.

And be it enacted, that from and after the fifteenth day of September next the circuits of the commissioners of the said Court for the Relief of Insolvent Debtors shall be abolished; and that if thereafter any insolvent debtor in custody in any of her majesty's gaols situated elsewhere than within the district to which the jurisdiction of such court is restricted as herein-before mentioned shall petition such court under any act or acts relating to insolvent debtors, other than the two first-mentioned acts or this act, or if any such prisoner shall have so petitioned prior to the passing of this act, and his petition shall not have been heard, or if the same shall have been heard and the consideration thereof shall have been adjourned, such court or some commissioner thereof shall forthwith, after the schedule of such prisoner shall have been duly filed in the case of any new petition, and at any time which to such court or commissioner shall seem fit in the case of any petition which shall not have come on for hearing, or the hearing of which shall have been adjourned as aforesaid,make an order referring such petition for hearing to the County Court within the district of which such insolvent debtor is in custody, and shall transmit such petition and schedule to such court for hearing accordingly; and that the judge of such court shall appoint a time and place for such prisoner to be brought up before such court, and cause the usual notices to be given; and that any court to which any such petition shall be so referred and transmitted shall have and possess the same power and authority with respect to every such petition, and shall make all such orders, give all such directions, and

do all such matters and things requisite for the discharging or remanding of such prisoner, and otherwise respecting such prisoner, his schedule, creditors, and assignees, as the said Court for the Relief of Insolvent Debtors or any commissioner thereof might make, give, or do in the matters of petitions heard before such court or commissioner under such acts; and that every such petition and schedule, and all judgments, rules, orders, directions, and proceedings pronounced, made, and done thereon in all and every the matters aforesaid by such County Court, shall be returned to the said Court for the Relief of Insolvent Debtors, signed by the judge of such County Court, to be a record of the said court for the relief of insolvent debtors, and to be kept as such among the records thereof; and the said Court for the Relief of Insolvent Debtors, and every commissioner thereof, in every case in which any insolvent debtor petitioning the Court for the Relief of Insolvent Debtors under such acts shall be in custody in any of her majesty's gaols within the district to which the jurisdiction of such court is limited aforesaid, and the County Courts in the matter of every such petition so referred and transmitted for hearing as aforesaid, shall have power to issue a warrant or order, directed to the governor, keeper, or gaoler of any gaol, directing him to bring the insolvent before the County Court on the day appointed for the hearing of his petition, or at any adjourned sitting held in the matter of this petition, and every such governor, keeper, or gaoler shall obey such warrant; and every such court may order the expense attending the bringing up of every such insolvent to be paid by the provisional assignee out of the estate and effects of such insolvent, or if there be no estate, or the same be insufficient for such purpose, out of the interest and profit arising from any government securities upon which any unclaimed money produced by the estates and effects of insolvent debtors may be invested.

11.- Recognizances of sureties entered into under 1 & 2 Vict. c. 110, for enforcing attendance of insolvents, to bind persons to appear before County Courts.

And whereas in pursuance of an act passed in the second year of the reign of her majesty, intituled "An Act for abolishing Arrest on Mesne Process in Civil Actions except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for amending the Laws for the Relief of Insolvent Debtors in England," divers persons as sureties have entered into recognizances to the provisional assignee of the Insolvent Debtors Court, with conditions that the insolvents therein mentioned should duly appear at the times and places therein mentioned, and it is necessary that some of such insolvents should appear before the County Courts under this act; be it therefore enacted, that every such recognizance shall extend to bind the persons who may have entered into the same, in case the insolvent debtor therein mentioned shall not at the time appointed in such recognizance duly appear before the County Court to which the matter of such insolvent is transferred by this act and on every adjourned hearing, or shall not abide by the final judgment of such

court.

12.-Fees in Insolvent Debtors Court to go in reduction of certain compensations to its officers.

And whereas in consequence of late alterations in the laws of imprisonment for debt certain compensations have become payable and are paid by the commissioners of her majesty's treasury to the officers of the Court for the Relief of Insolvent Debtors in respect of the diminution of fees received therein: And whereas by the additional business given to the said court by this act the fees payable therein will again be increased, whereby a less sum will be required for the said compensations; be it enacted, that the fees to be received in the said court in matters where jurisdiction is given by this act shall be received by the same persons, to be by them applied in the same manner as the fees received in matters heretofore under the jurisdiction of the said court are now applied, any thing herein to the contrary notwithstanding: provided always, that it shall be lawful for the commissioners of her majesty's treasury for the time being, or any three of them, and they are hereby empowered, to give such directions as they shall think proper in regard to the compensation allowances now payable to the officers and clerks of the Court for the Relief of Insolvent Debtors in England, under the provisions of the said recited act passed in the eighth year of the reign of her majesty, in consequence of the fees to be received by them being again increased by the operation of this act.

13.-Power to secretary of state to order what fees are to be paid to officers under 9 & 10 Vict. c. 95, and this act. Until such order made, clerks and bailiffs to receive all fees as heretofore. And be it enacted, that it shall be lawful for one of her majesty's principal secretaries of state, with the consent of the commissioners of her majesty's treasury, from time to time to order what fees shall be paid and received by the several officers or otherwise under and by virtue of the said recited act passed in the tenth year of the reign of her majesty and of this act, and the amount of such fees respectively; and that until such order shall be made, the clerks of the several County Courts shall have and receive for their own use all fees which have heretofore been taken under any of the aforesaid acts by any officer of the Court of Bankruptcy, or by any officer or other person of or connected with the Court for the Relief of Insolvent Debtors, except as hereinafter mentioned, for business which is by this act transferred to the County Courts: and that the several high bailiffs acting as messengers under this act as aforesaid shall have and receive for their own use all fees which have heretofore been paid to the messengers of the Court of Bankruptcy when doing the business by this act directed to be done by such bailiffs.

14.-Lord Chancellor may give directions for sittings of Court of Bankruptcy elsewhere than in London.

And whereas it may be expedient that the Court of Bankruptcy in London should hold sittings in matters of bankruptcy at some place or places within the district over which the jurisdiction of such court extends, at which such court hath not hitherto been used to sit; be it

declared and enacted, that it shall be lawful for the lord chancellor, at any time or times whenever it shall appear to him to be expedient, by any order or orders to give the necessary directions in that behalf, ordering any commissioner, registrar, official assignee, messenger, or usher of the Court of Bankruptcy in London to sit and attend and act in the prosecution of any fiat in bankruptcy at any place elsewhere within such district than in the city of London; and every commissioner, registrar, official assignee, messenger, and usher so sitting, attending, and acting shall have the like power, jurisdiction, and authority as if sitting, attending, and acting in the prosecution of such fiat in London.

15.-Lord Chancellor may order payment of travelling and other expenses. And be it enacted, that any commissioner or registrar so sitting and acting shall have paid to him, in addition to his salary, by the governor and company of the Bank of England, by virtue of any order or orders of the lord chancellor to be made from time to time for that purpose, out of the interest and dividends that have arisen or may arise from the securities now or hereafter to be placed in the Bank of England to an account there, intituled "The Bankruptcy Fund Account," (but subject and without prejudice to any prior charges on the same,) such sum of money for travelling and other expenses as the lord chancellor shall deem fit.

16.-Forms may be altered.

And be it enacted, that the forms given in the schedules to any of the said acts, or any forms heretofore used under the said acts, may be altered so far as to adapt them to the change of jurisdiction by this act directed.

17.— Vacancies not to be filled up till after the termination of the next session of parliament.

And be it enacted, that the office of the first one of the commissioners of the Court for the Relief of Insolvent Debtors, and of the first two of the commissioners of the Court of Bankruptcy in London, which will become vacant after the passing of this act, shall not be filled up until after the termination of the session of parliament next after such vacancies shall have occurred.

18. Judges of County Courts incapable of being members of parliament. And be it enacted, that no judge of any County Court who has been appointed or who shall hereafter be appointed to that office under or by virtue of the herein-before recited act passed in the tenth year of the reign of her majesty, intituled "An Act for the more easy Recovery of Small Debts and Demands in England," shall, during his continuance in such office, be capable of being elected or of sitting as a member of the house of commons.

19.-Interpretation of "the Lord chancellor."

And be it enacted, that the words "lord chancellor" shall in the construction of this act be interpreted to mean also and include the lord keeper and lords commissioners for the custody of the great seal of the united kingdom for the time being.

20.-Commencement of this act.

And be it enacted, that this act shall commence and take effect from the fifteenth day of September one thousand eight hundred and forty-seven.

21.-Act may be amended, &c.

And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament.

10 & 11 VICT. Cap. 110.

An Act to amend the Laws relating to the Removal of the Poor, until the First Day of October, One thousand eight hundred and forty-eight.

Preamble.

[23rd July, 1847.]

WHEREAS by an act passed in the last session of parliament, intituled "An Act to amend the Laws relating to the Removal of the Poor,"1 it was, amongst other things, enacted as follows, "that from and after the passing of this act no person shall be removed, nor shall any warrant be granted for the removal of any person, from any parish in which such person shall have resided for five years next before the application for the warrant; provided always, that the time during which such person shall be a prisoner in a prison, or shall be serving her majesty as a soldier, marine or sailor, or reside as an in-pensioner in Greenwich or Chelsea Hospitals, or shall be confined in a lunatic asylum or house duly licensed or hospital registered for the reception of lunatics, or as a patient in a hospital, or during which any such person shall receive relief from any parish, or shall be wholly or in part maintained by any rate or subscription raised in a parish in which such person does not reside, not being a bonâ fide charitable gift, shall for all purposes be excluded in the computation of time herein-before mentioned, and that the removal of a pauper lunatic to a lunatic asylum under the provisions of any act relating to the maintenance and care of pauper lunatics shall not be deemed a removal within the meaning of this act; provided always, that whenever any person shall have a wife or children having no other settlement than his or her own, such wife and children shall be removable when he or she is removable, and shall not be removable when he or she is not removable:" and whereas the effect of the above-recited enactment has been to increase unduly the amount of expenditure for the relief of the poor in particular parishes:

Expenditure incurred by any parish, &c. for maintenance, &c. of persons who are or may be by the above recited enactment exempted from liability, to be charged to the union.

Be it therefore enacted by the queen's most excellent majesty, by

1 9 & 10 Vict. c. 66.