CO129-088 - Acting Governor Mercer - 1862 [10-12] — Page 394

4..

>>>

392

5.

to the Covert

or on that

of any

Creditor, of course after due investigation held and that meanwhile

judicial Staff - The Chamber think it important

that the arrangement of a Banternfit Estate should

to trade asignees

the

execution

such a

petition should stay presentation of

have of any payment that in

be entrusted as

much

been taken out

may

the debtor's

effects.

The

against should have liberal powers of punishment.

judge

Especially

in the case of negligent or fraudulent banterupts - Either by simply with holding ~ protection or by a term of imprisonment for

felony according to the nature

mis demeanour or

of

the crime. If it were

a

judged fitting to make

the Judge of the Summary Jurisdiction Court

a

Puione Indge of the Supreme Court, on

through any

other Machinery to make his

services available, the duties of the Court in Pantouftey Jurisdiction sould probably not

to exceed the

be

forunde

powers of the present

as

possible

Chosen from or by the Creditors, though always

Official

under the Court's Supervision. And an Assignee or receiver might be provided for by reasonable Commission on the bankrupts Assets

-passing through his hands. That measures

should be taken to avoid dilatoriness in winding

up Bankrupt letates is a cowsideration

utmost

of

the

t

to

Consequence, and it might be posible

provide against this in the Ordinance

The

only

other matter that the Chamber

have to notice related to the recognition of the

a)

Courts protection in Great Britain and the Colonies and Dependences of the Croom. This is essential as a matter of justice to the

1