Note 24 — Chapter XII
Reading edition
Note 24. Page 505.
The certificate of a bankrupt no longer depends upon the mere will and pleasure of his creditors, but upon the discretion of the commissioner, or judge in bankruptcy, who has become acquainted with the whole conduct of the bankrupt, and may grant, refuse, or postpone a certificate, and annex such conditions to a grant of it as he may think fitting. This very important and salutary alteration of the law was effected by statute 5 and 6 Vict. c. 122, § 39, passed on the 12th August 1842. This power has been exercised on several recent occasions, in a manner highly satisfactory to the public, and creditable to the acuteness, discretion, and firmness of the court.