}
PUBLIC RECORD OFFICE
Reference :-
ALLY WITHOUT PERMISSION OF THE
BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
C.O. 885/5 LONDON
26
the same operation in England or ireland respectively as if it had been originally [Sections 10 granted by the Court of Probate in England or by the Court of Probate in Ireland, or it, and 13 if it be sealed in Scotland shall be of the like force and effect, and have the same adopt prin- operation as if a confirmation had been granted by the commissary court aforesaid,
ciples of deciled 15. Rules for the purpose of this Act may be made and altered from time to time cases.] for execution by the like persons and in like manner in which rules and regulations may be respectively [45 & 46
made for the High Courts of Justice in England and Ireland and for the Court of Session
Vict. c. 1. in Scotland, and for the Inferior Courts of the United Kingdom as provided by the
s. 11.] Inferior Courts Judgments Extension Act, 1882," s. 11.
Judges to make rules
of this Act.
14
I,
SCHEDULE.
11
CERTIFICATE ISSUED IN TERMS OF THE "COLONIAL JUDGMENTS EXTENSION Act, 188
certify that [here state name, business, or occupation, and address of person obtaining judgment, and whether plaintiff or defendant] on the day of
+
court of
1
18 obtained judgment against [here state name, business, or occupation, and address of person against whom judgment was obtained, and whether defendant or plaintiff] in the appended hereto, certified in accordance with the provisions of the Law of Evidence, a copy of which is 1851, section 7, of the United Kingdom, and that an affidavit has been duly filed, which is appended hereto, stating that such judgment has not been satisfied (or has only been satisfied in part and to the extent of
).
Dated
[Signed by the proper officer of the court from which the certificate issues.]
an
[Where registration is sought under sections 10 or 11 of this Act, the words order" should be substituted for "judgment" in the above certificate, and the words "such order has not been obeyed" for the words "such judgment has not been satisfied."]
27
such of the provisions of the proposed Indian Bankruptcy Act as circumstances may require to be operative outside the limits of British India. To the principle of such measure the Board of Trade are disposed generally to give their cordial approval; and they have consequently caused Lord R. Churchill to be informed of such general concurrence and of their agreement with his Lordship's preference for the Draft Bill No. 1, which has been designed for the purpose of meeting the object in view, and which is forwarded herewith.
The question, however, now arises, and it is this point that I am specially to submit for Colonel Stanley's consideration, whether it would not be desirable to obtain power to enforce uniformity of proceedings in such matters throughout the whole of the British Empire as far as practicable under the provisions of sections 117-119 of the Bankruptcy Act of 1883; power has already been conferred upon the Courts having Bankruptcy jurisdiction in England, Scotiand, or Ireland to render operative the bankruptcy law administered by such Courts in any portion of the United Kingdom beyond the limits of the particular division in which the proceedings are initiated, and the Board of Trade are of opinion that an extension of this power so as to give effect to such proceedings in India and the Colonies and vice versa is both desirable and necessary.
The consideration of this matter has at the same time naturally suggested to the Board
a further question in connexion with the operation of section 14 of the English Act of 1883, which provides for the suspension of proceedings which may have been commenced in any Court where it is obvious to such Court that the proceedings should, by reason of the bulk of the creditors in the case residing in some other division of the United Kingdom, and for other cause as specified in the section, more properly be held in such other division; the Board are of opinion that this also is a power which might with advantage be extended by law so as to embrace both India and the Crown Colonies, and that reciprocal power in this direction should at the same time be conferred upon Indian and Colonial Courts.
MINUTE OF PRESENTATION TO BE APPENDED TO ABOVE FORM.
The above certificate is presented by me for registration in the
court of
"
21
in accordance with the provisions of the "Colonial Judgments Extension Act, 188
[Signature and address of solicitor, law agent, or creditor presenting for
registration.]
(EXTRACT.)
Enclosure 2 in No. 8.
BOARD OF TRADE to COLONIAL OFFICE.
Board of Trade, Whitehall Gardens, October 19, 1885.
I AM directed by the Board of Trade to state for the information of the Secretary of State for the Colonies that they have received a communication from the Secretary of State for India in Council transmitting certain documents with reference to a proposal to introduce in the Legislative Council of the Governor General of India a Bill for the purpose of adapting the English Bankruptcy Act of 1883 to Indian circumstances.* copy of this letter,* with its enclosures, and also a copy of this Board's reply thereto, are forwarded herewith.
A
From the enclosed documents Colonel Stanley will perceive that the Indian Govern- ment are desirous of obtaining by Act of Parliament the requisite power to give effect to
(EXTRACT.)
Enclosure 3 in No. 8.
COLONIAL OFFICE to BOARD OF TRADE.
Downing Street, March 30, 1886. REFERRING to Mr. Giffen's letter of the 19th of October 1885* on the subject of extending to the Colonies the English Bankruptcy Act of 1883, I am directed by Earl Granville to state that about the same time the question had been brought before his predecessor of the propriety of providing a simpler method of enforcing in the United Kingdom the judgments of Colonial Courts.
The matter eventually took shape in the accompanying letter from Mr. F. T. Piggott, practising barrister and author of the well known work upon Foreign Judgments. The Draft Bill which that gentleman forwarded has been revised and carefully considered, and Lord Granville is prepared to approve the principles embodied in it, though he is disposed to think that, at any rate at first, it is inexpedient to make the judgments of inferior courts enforceable in the manner proposed.
I am to request that his Lordship may be favoured with the views of the Board of Trade upon the suggested measure, and I am to refer you especially to the 11h clause of the Bill relating to the execution of Bankruptcy orders made by Indian or Colonial Courts.
This clause would seem practically to meet the wishes of the Board of Trade as regards the first suggestion contained in Mr. Giffen's letter, without the necessity of each colony adopting the provisions of the Bankruptcy Act, 1883, which that letter appeared to contemplate. The second suggestion in that letter, viz., that Indian and Colonial Courts should have power to suspend their Bankruptcy proceedings by reasou of the bulk of the creditors residing elsewhere, and for certain other causes, has, of course, no connexion with the enclosed Bill, but Lord Granville would have no objection to bring that matter separately to the [notice of the] Colonial Governments if the Board of Trade should so wish.
• Not printed.
* Enclosure 2, page 26.
† Enclosure 1, page 23.
D 2