ISBN: 9781458954473

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… More...

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825. Excerpt: ... by some person unacquainted even with the routine of business of the Chancellor. But whoever may have suggested this project, has been as little acquainted with the nature of the Chancellor''s jurisdiction in bankruptcy as with the routine of his business in general. The jurisdiction is of the utmost importance, and is subject to no appeal. It is in the first instance ministerial, and so far original. It is secondarily appellate; but the original and appellate jurisdictions are frequently blended in exercise. The issuing of commissions of bankrupt, and all the questions arising upon the issue, are matters of original jurisdiction. The execution of the commission is entrusted to the commissioners, who are assistant judges, given to the Chancellor by the authority of parliament, to enable him to execute the bankrupt laws; and this is another instance in which assistant judges have been given to the Chancellor, without whose aid it would be impossible for him to administer the laws. The commissioners determine, in the first instance, on every part of the subject, subsequent to the issue of the commission, until the close of their proceedings; and the whole business of a bankruptcy may be transacted without further application to the Chancellor, until the bankrupt shall apply for an allowance of his certificate. But all the proceedings of the commissioners are liable to revision by the Chancellor; and so far his jurisdiction in bankruptcy is appellate. His control is also continual over the commission itself, and over the conduct of the commissioners in its execution, as well as over their judicial decisions. In all cases his jurisdiction is exercised summarily. It applies to subjects of most important consideration, especially to the commercial world; and, p... Basil Montagu, Books, History, Inquiries Respecting The Courts Of Commissioners Of Bankrupts, And Lord Chancellor's Court Books>History General Books publication date: 2009 Original publication date: 1825 Original Publisher: Printed for J. and W.T. Clarke Notes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or an index. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there.<