part 3

; and J. A. Gray, _At the Court of the Amir_ (1895).

(T. H. H.*)

BAMPTON, JOHN (_c._ 1690-1751), English divine, was a member of Trinity College, Oxford, where he graduated M.A. in 1712, and for some time canon of Salisbury. He died on the 2nd of June 1751, aged 61. His will directs that eight lectures shall be delivered annually at Oxford in the University Church on as many Sunday mornings in full term, "between the commencement of the last month in Lent term and the end of the third week in Act term, upon either of the following subjects:--to confirm and establish the Christian faith, and to confute all heretics and schismatics; upon the divine authority of the Holy Scriptures; upon the authority of the writings of the primitive fathers, as to the faith and practice of the primitive Church; upon the divinity of our Lord and Saviour Jesus Christ; upon the divinity of the Holy Ghost; upon the articles of the Christian faith as comprehended in the Apostles' and Nicene Creeds." The lecturer, who must be at least a Master of Arts of Oxford or Cambridge, was formerly chosen yearly by the heads of colleges, on the fourth Tuesday in Easter term, and no one can be chosen a second time. The series of lectures began in 1780, and is still continued, though since 1895 elections are only made in alternate years through a depreciation of the revenue of the fund. The endowment provides £120 for each lecturer, and the lectures have to be published within two months of their delivery. Among the lecturers have been Heber in 1815 (_The Personality and Office of the Christian Comforter_); R. Whately in 1822 (_Party Feeling in Religion_); R. D. Hampden in 1832 (_The Scholastic Philosophy in relation to Christian Theology_); E. M. Goulburn in 1850 (_The Resurrection of the Body_); H. L. Mansel in 1858 (_The Limits of Religious Thought_); H. P. Liddon in 1866 (_The Divinity of our Lord_); E. Hatch in 1880 (_The Organization of the Early Christian Churches_); C. Bigg in 1886 (_Christian Platonists of Alexandria_); C. Gore in 1891 (_The Incarnation_); W. Sanday in 1893 (_Inspiration_); J. R. Illingworth in 1894 (_Personality, Human and Divine_); W. R. Inge in 1899 (_Christian Mysticism_), &c. A complete list is given in the _Oxford Historical Register_. The institution has done much to preserve a high standard in English theology; and the lectures as a whole form a historically interesting collection of apologetic literature.

BAMP[=U]R, a town of Persia, in the province of Baluchistan, 330 m. S.E. of Kerman, in 27° 12' N., 60° 24' E., at an elevation of 1720 ft. Pop. about 2000. It is the capital of the province and situated on the banks of the Bamp[=u]r river which flows from east to west and empties itself about 70 m. W. into a _hamun_, or depression, 50 m. in length, and called Jaz-morian. The old citadel of Bamp[=u]r which crowned an elevation about 100 ft. in height, 3 m. north of the river, having completely fallen in ruins, a new fort called Kalah N[=a]sseri, was built at Fahraj, 15 m. further east, in the eighties; and Fahraj, which now has a population of about 2500, has become more important than Bamp[=u]r. Fahraj, which is also known as Pahura, Paharu, Puhra, is by some identified as the Poura where Alexander the Great halted on his march from India, but others are more in favour of another Fahraj near Bam, or even of Bamp[=u]r itself.

BAMRA, a feudatory state of India, in the province of Bengal. Area 1988 sq. m.; pop. (1901) 123,378; estimated revenue £5000; tribute £100. Most of the country is forest, producing only timber and lac but said to be rich in iron ore. The northern border is touched by the Bengal-Nagpur railway, with a station at Bamra town. The state is one of the five Uriya feudatories, which were transferred from the Central Provinces to Bengal, on the reconstitution of that province in October 1905. The capital is Deogarh.

BAN, a word taken from the root of a verb common to many Teutonic languages and meaning originally "to proclaim" or "to announce." The Late Lat. form of the word is _bannum_.

In the laws of the Franks and kindred tribes the word had three main uses: first in the general sense of a proclamation, secondly, for the fine incurred for disobeying such proclamation, and thirdly for the district over which proclamations were issued.

It was the frequent use of proclamations or bans, commanding or forbidding certain actions under a threat of punishment, which caused the second of these uses to arise out of the first, as the idea of wrong-doing became associated with the proclamation or ban. This _bannum dominicum_, as it was called, was employed by all feudal lords, from the king downwards, against offenders, and played an important part in the administration of justice in feudal times. It usually took the form of an order to make some amend for wrong-doing, which, if not complied with, was followed by the withdrawal of all protection from the offender, _i.e._ by outlawry.

After the break-up of the Carolingian empire another use of the word arose in France. "Ban" had occasionally been used in a restricted sense referring only to the summons calling out the host; and as France became separated from the Empire, French law and custom seized upon this use, and soon the men liable to military service were known as "the ban." A variant form of this word was _heriban_ or _ariban_, and it is possible that some confusion between the early syllables of this word and the word _arrière_ led to a distinction between the _ban_ and the _arrière-ban_ or _retro-bannum_. At all events this distinction arose; the _ban_ referring to the vassals called out by the king, and the _arrière-ban_ to the sub-vassals called upon by the vassals in their turn. As in England, the liability to military service was often commuted for a monetary payment, and there were various exemptions. In the 17th and 18th centuries the ban and arrière-ban were lacking in discipline when called out, and were last summoned in 1758. Local levies, however, called out between this date and the Revolution were sometimes referred to by these names.

In the medieval Empire and in Germany the word "ban" retained the special sense of punishment. The German equivalent of ban is _Acht_, and the sentence soon became practically one of outlawry. Connected possibly with the power enjoyed in earlier times by the assemblies of freemen of outlawing an offender, it was frequently used by the emperor, or German king, and the phrase "under the ban" is very common in medieval history. The execution of this sentence of placing an offender under the imperial ban, or _Reichsacht_, was usually entrusted to some prince or noble, who was often rewarded with a portion of the outlaw's lands. It was, however, only a serious punishment when the king or his supporters were strong enough to enforce its execution. Employed not only against individuals but also against towns and districts, it was sometimes divided into the _Acht_ and the _Oberacht_, _i.e._ partial or complete outlawry. Documents of the time show that the person placed under the imperial ban drew down absolute destitution upon his relatives and frequently death upon himself. At first this sentence was the act of the [v.03 p.0305] emperor or king himself, but as the Empire became more German, and its administration less personal, it was entrusted to the imperial aulic council (_Reichshofrat_), and to the imperial court of justice or imperial chamber (_Reichskammergericht_). These courts were deprived of this power in 1711, retaining only the right of suggesting its use. The imperial ban had, however, been used for the last time in 1706, when Maximilian Emanuel, elector of Bavaria, was placed under it.

There are many other uses of the word in the sense of a prohibition. In earlier French law the ban of wine or _bannum vini_, was the exclusive right of a lord to sell wine during a stated number of days, and the ban of March and April forbade the pasturing of cattle in certain fields during these months. There were also other similar uses dating from feudal times. In modern French law the phrase _rupture de ban_ described, previous to 1885, the departure without notice of any released criminal living under the special surveillance of the police. The French government still retains the rights of appointing an obligatory place of residence for any criminal, and any escape from this place is a _rupture de ban_. A Scandinavian use of the word gives it the sense of a curse. This usage mingling with the use which spiritual lords shared with temporal lords of issuing the ban over their dependents, has become in a special sense ecclesiastical, and the sentence of excommunication is frequently referred to as "under the papal ban." The word is also used in this way by Shakespeare and Milton. The modern English use of the phrase "under the ban" refers to any line of conduct condemned by custom or public opinion. In its earlier and general sense as a proclamation, the ban may be said to have been suspended by the writ. The word, however, survives in the sense of a proclamation in the "banns of marriage" (_q.v._).

The Persian word _ban_, meaning lord or master, was brought into Europe by the Avars. It was long used in many parts of south-eastern Europe, especially in southern Hungary, to denote the governors of military districts called _banats_, and is almost equivalent to the German _margrave_. After enjoying very extensive powers the bans were gradually reduced, both in numbers and importance. Since 1868, however, the governor of Croatia and Slavonia has been known as the ban of Croatia, Slavonia and Dalmatia, but his duties are civil and not military. He is appointed by the emperor of Austria, as king of Hungary, and has a seat in the upper house of the Hungarian parliament.

See Du Cange, _Glossarium_, tome i. (Niort, 1883); H. Brunner, _Grundzuge der deutschen Rechtsgeschichte_ (Leipzig, 1901); E. P. Boutaric, _Institutions militaires de la France_ (Paris, 1863); Père G. Daniel, _Histoire de la milice française_ (Paris, 1721).

BANANA, a gigantic herbaceous plant belonging to the genus _Musa_ (nat. ord. Musaceae). It is perennial, sending up from an underground root-stock an apparent stem 15 or 20 ft. high, consisting of the closely-enveloped leaf-sheaths, the corresponding blades, each sometimes 10 ft. in length, forming a spreading crown. A true stem develops at the flowering period; it grows up through the hollow tube formed by the sheaths, emerges above and bears a large number of inconspicuous tubular flowers closely crowded in the axils of large, often brightly-coloured, protecting bracts. The fruits form dense clusters.

[Illustration: Banana (_Musa sapientum_).]

The genus _Musa_ contains about 40 species, widely distributed throughout the tropics of the Old World, and in some cases introduced into the New World. In many parts of the tropics they are as important to the inhabitants as are the grain plants to those living in cooler regions. They are most successfully cultivated in a hot, damp, tropical climate. The northern limit of their cultivation (usually _Musa Cavendishii_) is reached in Florida, south of 29° lat., the Canary Islands, Egypt and south Japan, the southern limit in Natal and south Brazil. There has been considerable discussion as to whether the banana was growing in America before the discovery of the New World. It has been suggested that it may have been carried by ocean currents or in some earlier intercourse between the Old and New Worlds. The evidence, however, of its existence in America at the time of the discovery of the new continent is not very definite. The unripe fruit is rich in starch, which in ripening changes into sugar. The most generally used fruits are derived from _Musa paradisiaca_, of which an enormous number of varieties and forms exist in cultivation. The sub-species _sapientum_ (formerly regarded as a distinct species _M. sapientum_) is the source of the fruits generally known in England as bananas, and eaten raw, while the name plantain is given to forms of the species itself _M. paradisiaca_, which require cooking. The species is probably a native of India and southern Asia. Other species which are used as fruits are _M. acuminata_ in the Malay Archipelago, _M. Fehi_ in Tahiti, and _M. Cavendishii_, the so-called Chinese banana, in cooler countries; the fruit of the last-named has a thinner rind and a delicate, fragrant flesh. The species, the fruits of which require cooking, are of much greater importance as an article of food. These often reach a considerable size; forms are known in East Africa which attain nearly 2 ft. in length with the thickness of a man's arm. A form of _M. corniculata_, from Cochin China and the Malay Archipelago, produces only a single fruit, which, however, affords an adequate meal for three men. The hardly-ripe fruit is stewed whole or cut in slices and roasted or baked.

Banana-meal is an important food-stuff; the fruit is peeled and cut in strips, which are then dried and pounded in a mortar. In East Africa and elsewhere, an intoxicating drink is prepared from the fruit. The root-stock which bears the leaves is, just before the flowering period, soft and full of starch, and is sometimes used as food, as in the case of the Abyssinian species, _M. Ensete_.

The leaves cut in strips are plaited to form mats and bags; they are also largely used for packing and the finer ones for cigarette papers. Several species yield a valuable fibre, the best of which is "Manila hemp" (_q.v._) from _M. textilis_.

The following is the composition of the flour, according to Hutchison: water, 13%; proteid, 4%; fat, 0.5%; carbohydrates, 80%; salts, 2.5%. It would require about eighty bananas of average size to yield the amount of energy required daily, and about double that number to yield the necessary amount of proteid. Hence the undue abdominal development of those who live mainly on this article of diet (Hutchison). In recent years the cultivation of the banana in Jamaica for the American and also for the English market has been greatly developed.

BANAS, or BUNAS, the name of three rivers of India. (1) A river of Rajputana, which rises in the Aravalli range in Udaipur, drains the Udaipur valley, and after a course of 300 m. flows into the Chambal. (2) A river of the Shahabad district of Bengal, which forms the drainage channel between the Arrah canal and the Sone canals system, and finally falls into the Gangi nadi. (3) A river of Chota Nagpur in Bengal, which rises in the state of Chang Bhakar and falls into the Sone near Rampur.

BANAT (Hungarian Bánság), a district in the south-east of Hungary, consisting of the counties of Torontál, Temes and Krasso-Szörény. The term, in Hungarian, means generally a frontier province governed by a _ban_ and is equivalent to the German term _Mark_. There were in Hungary several banats, which disappeared during the Turkish wars, as the banat of Dalmatia, of Slavonia, of Bosnia and of Croatia. But when the word is used without any other qualification, it indicates the Temesvár banat, which strangely acquired this title after the peace of Passarowitz (1718), though it was never governed by a _ban_. The Banat is bounded E. by the Transylvanian Alps, S. by the Danube, W. by the Theiss and N. by the Maros, and has an [v.03 p.0306] area of 11,260 sq. m. It is mountainous in the south and south-east, while in the north, west and south-west it is flat and in some places marshy. The climate, except in the marshy parts, is generally healthy. It is well-watered, and forms one of the most fertile districts of Hungary. Wheat, barley, oats, rye, maize, flax, hemp and tobacco are grown in large quantities, and the products of the vineyards are of a good quality. Game is plentiful and the rivers swarm with fish. The mineral wealth is great, including copper, tin, lead, zinc, iron and especially coal. Amongst its numerous mineral springs, the most important are those of Mehadia, with sulphurous waters, which were already known in the Roman period as the _Thermae Herculis_. The Banat had in 1900 a population of 1,431,329 inhabitants. According to nationality there were 578,789 Rumanians, 362,487 Germans, 251,938 Servians and 170,124 Magyars. The chief town is Temesvár (pop. 53,033), and other places of importance are Versecz (25,199), Lugos (16,126), Nagybecskerek (26,407), Nagykikinda (24,843) and Pancsova (19,044).

The Banat was conquered by the Turks in 1552, and remained a Turkish sanjak (province) till 1716, when Prince Eugene of Savoy liberated it from the Turkish yoke. It received the title of Banat after the peace of Passarowitz (1718), and remained under a military administration until 1751, when Maria Theresa introduced a civil administration. During the Turkish occupation the district was nearly depopulated, and allowed to lie almost desolate in marsh and heath and forest. Count Claudius Mercy (1666-1734), who was appointed governor of Temesvár in 1720, took numerous measures for the regeneration of the Banat. The marshes near the Danube and Theiss were cleared, roads and canals were built at great expense of labour, German artisans and other settlers were attracted to colonize the district, and agriculture and trade encouraged. Maria Theresa also took a great interest in the Banat, colonized the land belonging to the crown with German peasants, founded many villages, encouraged the exploitation of the mineral wealth of the country, and generally developed the measures introduced by Mercy. In 1779 the Banat was again incorporated with Hungary. After the revolution of 1848-1849, the Banat together with another county (Bács) was separated from Hungary, and created into a distinctive Austrian crown land, but in 1860 it was definitely incorporated with Hungary.

See Leonhard Böhm, _Geschichte des Temeser Banats_ (2 vols., Leipzig, 1861); Johann Heinrich Schwicker, _Geschichte des Temeser Banats_ (Pest, 1872).

BANATE (a corruption of Panaiti, their real name), or BANNOCK, as they are now usually called, a tribe of North American Indians of Shoshonean stock. They were sometimes known as "Robber Indians." Their former range was southern Idaho and eastern Oregon. They are now divided between the Fort Hall and Lemhi reservations, Idaho. They were generally friendly with the whites, but in 1866 and in 1877-78 there were serious outbreaks. They number about 500.

BANBRIDGE, a town of Co. Down, Ireland, in the west parliamentary division, on the Bann, 23 m. S.W. of Belfast on a branch of the Great Northern railway, standing on an eminence. Pop. of urban district (1901) 5006. To mitigate a steep ascent, a central carriage-way, 200 yds, long, is cut along the main street to a depth of 15 ft., the opposite terraces being connected by a bridge. Banbridge is an entirely modern town. It is the principal seat of the linen trade in the county, and has extensive cloth and thread factories, bleachfields and chemical works. A memorial in Church Square commemorates the Franklin expedition to the discovery of the North-West Passage, and in particular Captain Francis Crozier, who was born at Banbridge in 1796 and served on the expedition.

BANBURY, a market-town and municipal borough in the Banbury parliamentary division of Oxfordshire, England, on the river Cherwell and the Oxford canal, 86 m. N.W. of London by the northern line of the Great Western railway. Pop. (1901) 12,968. The canal communicates northward with the Grand Junction and Warwick canals, and there are branch lines of the Great Central railway to the main line at Woodford, and of the London & North-Western railway to Bletchley. The town is the centre of a rich agricultural district, and there is a large manufacture of agricultural implements; while other industries include rope and leather works and brewing. Banbury cakes, consisting of a case of pastry containing a mixture of currants, have a reputation of three centuries' standing. A magnificent Gothic parish church was destroyed by fire and gunpowder in 1790 to make way for a building of little merit in Italian style. The ancient Banbury Cross, celebrated in a familiar nursery rhyme, was destroyed by Puritans in 1610. During the 17th century the inhabitants of Banbury seem to have been zealous Puritans, and are frequently satirized by contemporary dramatists. At a somewhat earlier period the grammar school, now extinct, was of such repute as to be chosen as the model for the constitution of the school of St Paul's. A school of science was erected in 1861, and there is a municipal secondary and technical school. Some fine old timbered houses remain in the streets. Of the castle built in 1125 there are only the barest traces. Wroxton Abbey, 2 m. N.W., shows slight remains of the original Augustinian priory; but the present beautiful gabled building, picturesquely situated, dates mainly from 1618. Broughton Castle, 2½ m. S.W., is the most noteworthy house in the county. The oblong block of buildings, fronted by lawns, is surrounded by a moat and protected by a gate-house, part of which dates from 1301, at which date the chapel and a part of the house were also built. There is also work of the 15th century and the Elizabethan period. The house is the seat of Lord Saye and Sele, having been in the Fiennes family since the reign of Henry VII. (1485-1509). Here Pym and Hampden and other leaders of the Parliamentarians were wont to meet in 1640. Without the gate is a fine Decorated church. Banbury is governed by a mayor, 6 aldermen and 18 councillors. Area, 4633 acres.

In the year 556 Banbury (Beranbyrig, Banesberie) was the scene of a battle between Cynric and Ceawlin and Britons. It was assessed at 50 hides in the Domesday survey and was then held by the bishop of Lincoln. Allusions to the market occur as early as 1138, and Henry II. by charter confirmed a market on Thursday and granted a fair at Whitsun. The first charter of incorporation was granted by Queen Mary in 1553, and instituted a common council consisting of a bailiff, 12 aldermen and 12 chief burgesses; a court of record, one justice of the peace, a Thursday market and two annual fairs. James I. confirmed this charter in 1608. with some additions, including a weekly wool-market, a horse-market and two additional annual fairs. Both these charters were surrendered in 1683 in favour of a new charter, but were resumed in 1688. In 1718 George I. granted a new charter, which held until the Municipal Corporations Act of 1835. From the date of Queen Mary's charter until the Redistribution of Seats Act of 1885 the borough was represented by one member in parliament.

See Alfred Beesley, _History of Banbury_ (London, 1841).

BANCHIERI, ADRIANO (_c._ 1557-1634), Bolognese composer for church and stage, organist, writer on music and poet. He founded the Accademia Florida of Bologna. Like Orazio Vecchi he was interested in converting the madrigal to dramatic purposes. He disapproved of the monodists with all their revolutionary harmonic tendencies, about which he expressed himself vigorously in his _Moderna Practica Musicale_ (Venice, 1613), while systematizing the legitimate use of the monodic art of thorough-bass.

BANCROFT, GEORGE (1800-1891), American historian and statesman, was born in Worcester, Mass., on the 3rd of October 1800. His family had been in America since 1632, and his father, Aaron Bancroft, was distinguished as a revolutionary soldier, clergyman and author. The son was educated at Phillips Academy, Exeter, at Harvard University, at Heidelberg, Göttingen and Berlin. At Göttingen he studied Plato with Heeren, New Testament Greek with Eichhorn and natural science with Blumenbach. His heart was in the work of Heeren, easily the greatest of historical critics then living, and the forerunner of the modern school; it was from this master that Bancroft caught his enthusiasm for minute pains-taking erudition. He concluded his years of preparation by a European tour, in the [v.03 p.0307] course of which he received kind attention from almost every distinguished man in the world of letters, science and art; among others, from Goethe, Humboldt, Schleiermacher, Hegel, Byron, Niebuhr, Bunsen, Savigny, Cousin, Constant and Manzoni. Bancroft's father was a Unitarian, and he had devoted his son to the work of the ministry; but the young man's first experiments at preaching, shortly after his return from Europe in 1822, were unsatisfactory, the theological teaching of the time having substituted criticism and literature for faith. His first position was that of tutor in Harvard. Instinctively a humanist, he had little patience with the narrow curriculum of Harvard in his day and the rather pedantic spirit with which classical studies were there pursued. Moreover, he had brought from Europe a new manner, full of the affections of ardent youth, and this he wore without ease in a society highly satisfied with itself; the young knight-errant was therefore subjected to considerable ridicule. A little volume of poetry, translations and original pieces, published in 1823 gave its author no fame. As time passed, and custom created familiarity, his style, personal and literary, was seen to be the outward symbol of a firm resolve to preserve a philosophic calm, and of an enormous underlying energy which spent itself in labour, "ohne Hast, aber auch ohne Rast." He found the conventional atmosphere of Cambridge uncongenial, and with a friend he established the Round Hill school at Northampton, Mass. This was the first serious effort made in the United States to elevate secondary education to the plane on which it belonged.

Although born into a Whig family, yet Bancroft's studies carried him irresistibly into the Democratic party. While a teacher in his own school he was elected to the state legislature as a Democrat, but under pressure from the family of his first wife, who were ardent Whigs, he refused to serve. In 1831 he likewise declined the nomination of the Massachusetts Democrats for secretary of state. By this time he was influential in the councils of his party, and President Van Buren appointed him collector of the port of Boston, a position which he filled with success. Two of his appointees were Orestes Brownson and Nathaniel Hawthorne. In 1844 he was the Democratic candidate for the governorship, but he was defeated. In 1845 he entered Polk's cabinet as secretary of the navy, serving until 1846, when for a month he was acting secretary of war. During this short period in the cabinet he established the naval academy at Annapolis, gave the orders which led to the occupation of California, and sent Zachary Taylor into the debatable land between Texas and Mexico. He also continued his pleadings for the annexation of Texas, as extending "the area of freedom," and though a Democrat, took high moral ground as to slavery; he likewise made himself the authority on the North-Western Boundary question. In 1846 he was sent as minister to London, where he lived in constant companionship with Macaulay and Hallam. On his return in 1849 he withdrew from public life, residing in New York. In 1866 he was chosen by Congress to deliver the special eulogy on Lincoln; and in 1867 he was appointed minister to Berlin, where he remained until his resignation in 1874. Thenceforward he lived in Washington and Newport, dying at Washington on the 17th of January 1891. His latest official achievements were the greatest. In the San Juan arbitration he displayed great versatility and skill, winning his case before the emperor with brilliant ease. The naturalization treaties which he negotiated successively with Prussia and the other north German states were the first international recognition of the right of expatriation, a principle since incorporated in the law of nations.

In spite of the exacting and severe routine of the Round Hill school, Bancroft contributed frequently to the _North American Review_ and to Walsh's _American Quarterly_; he also made a translation of Heeren's work on _The Politics of Ancient Greece_. In 1834 appeared the first volume of the _History of the United States_. The second followed in 1837, and others as the exigencies of public life permitted. Supplementary to the first volume was an article published by him in the _North American Review_ for 1835 on "The Documentary History of the Revolution." This article not merely brought the new method to the notice of the reading public, but revealed to it the wealth of material available. The nature and extent of his studies, the solidity of his work, and the philosophic spirit which animates both, explain the enthusiasm with which the earlier volumes of Bancroft were received. Their sale at home was very large; they were reprinted in England and translated immediately into Danish, Italian, German and French. The latest volumes were considered by all competent judges quite as important as their predecessors. When the author was preparing to return from Berlin, the Royal Academy made him their guest at a public dinner, an unprecedented honour; and the universities of Berlin, Heidelberg and Munich united in a testimonial of regard. At Washington he was the confidential advisor of statesmen to the end of his life and the unofficial dean of the best society.

Bancroft's historical creed is best set forth in the address he delivered on the semi-centennial of the New York Historical Society in 1854. In philosophy he found the basis for positing a collective human will, revealing in its activities the materials for determining ethical laws. Since there must be the same conservation of energy in morals as elsewhere, the eternal reason is the divine Logos. History, therefore, is God working in examples. It must be a unit, its forces constant and its totality an organic whole. Within this the individual moves and acts with liberty and responsibility; for each, in will, affection and intellect is consubstantial with the rest. Truth, morals and justice are subject to no evolution; but the collective man evolves better forms of knowledge and behaviour. The organization of society, therefore, produces successive states, in each of which the principle of freedom is better established than in the antecedent. Permanency in republican government is, therefore, based upon corresponding experience and culture, and its possibilities grow ever stronger. The relation of American democracy to the systems which have preceded it forms the latest proof of these contentions. As Heeren's pupil, he laid enormous stress on the importance of original authorities. In dealing with documentary evidence he sought to apply very stringent rules:--(1) Carefully distinguish between original authority and historical memorials or aids; for example, between a fact recorded at first- or second-hand knowledge, and a decision of principle by authority. (2) Represent every man from his own standpoint; judge him from your own. His collections of original materials were vast; beginning with his residence in England, he brought together at enormous pains and expense the authenticated copies of archives, family papers, and personal journals written by historic personages, which now constitute an invaluable treasure in the New York public library. They are from every land and from every people with which American origins are connected. His use of this material was not always according to accepted standards. To avoid dryness and prolixity he condensed quotations, and occasionally employed the Thucydidean method of abridgment or representation in place of fact catalogues. During his long life enormous strides were made by others in collecting the materials of American history, and while in the main he kept pace with them by ruthless revision, yet even the latest edition of his work disregards some minor facts which others knew for the insertion of much which the author alone knew.

Bancroft's imagination and enthusiasm were alike exuberant. His pages abound in fine and acute insight. His generalizations are vivid and enlightening. He spared no pains to acquire true style, frequently rewriting his chapters, and sometimes testing passages of philosophy and description in eight different forms. Yet to a certain extent he lacked the representative power and often failed to conceal his art, many pages ringing with artificial tones. But, after making all allowances, it remains true that he had a perfect sense of proportion, sound maxims and thorough common-sense. He was of that greatest human type: a man of the present, valuing justly the past and no dreamer. In the nature and extent of his studies, in the solidity of his work, and in the philosophic spirit which animated his life he ranks as the foremost historian of the United States, and as an American historian second to none of his European contemporaries in [v.03 p.0308] the same line. He displayed the heroic, epic value of American history, its unity with the great central stream, and dispelled for ever the extravagant conceptions of a sentimental world just emerging from the visionary philosophy of the 18th century.

See M. A. de Wolfe Howe, _The Life and Letters of George Bancroft_ (New York, 1908).

(W. M. S.)

BANCROFT, HUBERT HOWE (1832- ), American historical writer, was born at Granville, Ohio, on the 5th of May 1832. From 1852 to 1868 he was a bookseller in San Francisco. During this period he accumulated a great library of historical material, and at last gave up business in order to devote himself to the publication of his _Native Races of the Pacific States_ (5 vols. 1874-1876), _History of the Pacific States of North America_ (21 vols. 1882-1890), and other works. For the collection of data he necessarily relied upon the labours of a corps of assistants, and the publications named represent, properly speaking, an encyclopaedia rather than a unified history; but as a storehouse of material their value is great and is likely to be enduring. In 1905 Bancroft's vast collection was acquired by the university of California. An account of his methods of work is given in his _Literary Industries_ (1890).

BANCROFT, RICHARD (1544-1610), archbishop of Canterbury, was born at Farnworth in Lancashire in 1544. He was educated at Cambridge, first at Christ's College and afterwards at Jesus College. He took his degree of B.A. in 1567 and that of M.A. in 1570. Ordained about that time, he was named chaplain to Richard Cox, then bishop of Ely, and in 1575 was presented to the rectory of Teversham in Cambridgeshire. The next year he was one of the preachers to the university, and in 1584 was presented to the rectory of St Andrew's, Holborn. His abilities, and his zeal as a champion of the church, secured him rapid promotion. He graduated B.D. in 1580 and D.D. five years later. In 1585 he was appointed treasurer of St Paul's cathedral, London, and in 1586 was made a member of the ecclesiastical commission. On the 9th of February 1589 he preached at Paul's Cross a sermon on 1 John iv. 1, the substance of which was a passionate attack on the Puritans. He described their speeches and proceedings, caricatured their motives, denounced the exercise of the right of private judgment, and set forth the divine right of bishops in such strong language that one of the queen's councillors held it to amount to a threat against the supremacy of the crown. In the following year Bancroft was made a prebendary of St Paul's; he had been canon of Westminster since 1587. He was chaplain successively to Lord Chancellor Hatton and Archbishop Whitgift. In June 1597 he was consecrated bishop of London; and from this time, in consequence of the age and incapacity for business of Archbishop Whitgift, he was virtually invested with the power of primate, and had the sole management of ecclesiastical affairs. Among the more noteworthy cases which fell under his direction were the proceedings against "Martin Mar-Prelate," Thomas Cartwright and his friends, and John Penry, whose "seditious writings" he caused to be intercepted and given up to the lord keeper. In 1600 he was sent on an embassy, with others, to Embden, for the purpose of settling certain matters in dispute between the English and the Danes. This mission, however, failed. Bancroft was present at the death of Queen Elizabeth. He took a prominent and truculent part in the famous conference of prelates and Presbyterian divines held at Hampton Court in 1604. By the king's desire he undertook the vindication of the practices of confirmation, absolution, private baptism and lay excommunication; he urged, but in vain, the reinforcement of an ancient canon, "that schismatics are not to be heard against bishops"; and in opposition to the Puritans' demand for certain alterations in doctrine and discipline, he besought the king that care might be taken for a _praying clergy_; and that, till men of learning and sufficiency could be found, godly homilies might be read and their number increased. In March 1604 Bancroft, on Whitgift's death, was appointed by royal writ president of convocation then assembled; and he there presented a book of canons collected by himself. It was adopted and received the royal approval, but was strongly opposed and set aside by parliament two months afterwards. In the following November he was elected successor to Whitgift in the see of Canterbury. He continued to show the same zeal and severity as before, and with so much success that Lord Clarendon, writing in his praise, expressed the opinion that "if Bancroft had lived, he would quickly have extinguished all that fire in England which had been kindled at Geneva." He was as lenient with the offences of the orthodox as he was rigid in suppressing heresy and schism. In 1605 he was sworn a member of the privy council. The same year he engaged in a contest with the judges, and exhibited articles of complaint against them before the lords of the council; but these complaints were overruled. His aim was really to make the ecclesiastical courts independent of the law by speciously magnifying the royal authority over them. He enforced discipline and exact conformity within the church with an iron hand; and over 200 clergymen were deprived of their livings for disobedience to the _ex animo_ form of subscription. In 1608 he was chosen chancellor of the university of Oxford. One of his latest public acts was a proposal laid before parliament for improving the revenues of the church, and a project for a college of controversial divinity at Chelsea. In the last few months of his life he took part in the discussion about the consecration of certain Scottish bishops, and it was in pursuance of his advice that they were consecrated by several bishops of the English church. By this act were laid the foundations of the Scottish Episcopal church. Bancroft was "the chief overseer" of the authorized version of the Bible. He died at Lambeth Palace on the 2nd of November 1610. His literary remains are not extensive, but show him to have been an able writer.

BANCROFT, SIR SQUIRE (1841- ), English actor and manager, was born near London on the 14th of May 1841. His first appearance on the stage was in 1861 at Birmingham, and he played in the provinces with success for several years. His first London appearance was in 1865 in Wooler's _A Winning Hazard_ at the Prince of Wales's theatre off Tottenham Court Road, then under the management of Effie Marie Wilton (b. 1840), whom he married in 1868. Mr and Mrs Bancroft were associated in the production of all the Robertson comedies:--_Society_ (1865), _Ours_ (1866), _Caste_ (1867), _Play_ (1868), _School_ (1869) and _M.P._ (1870), and, after Robertson's death, in revivals of the old comedies, for which they surrounded themselves with an admirable company. Lytton's _Money_ (1872), Boucicault's _London Assurance_ (1877), and _Diplomacy_--an adaptation of Sardou's _Dora_--were among their _premières_, which helped to make the little playhouse famous. The Bancroft management at the Prince of Wales's constituted a new era in the development of the English stage, and had the effect of reviving the London interest in modern drama. In 1879 they moved to the Haymarket, where Sardou's _Odette_ (for which they engaged Madame Modjeska) and _Fédora_, W. S. Gilbert's _Sweethearts_ and Pinero's _Lords and Commons_, with revivals of previous successes, were among their productions. Having made a considerable fortune, they retired in 1885, but Mr Bancroft (who was knighted in 1897) joined Sir Henry Irving in 1889 to play the abbé Latour in a revival of Watts Phillips's _Dead Heart_.

See _Mr and Mrs Bancroft, on and off the Stage_ (1888), and _The Bancrofts: Recollections of Sixty Years_ (1909), by themselves.

BAND, something which "binds" or fastens one thing to another, hence a cord, rope or tie, _e.g._ the straps fastening the sheets to the back in book-binding. The word is a variant of "bond," and is from the stem of the Teutonic _bindan_, to bind. From the same source comes "bend," properly to fasten the string to the bow, so as to constrain and curve it, hence to make into the shape of a "bent" bow, to curve. In the sense of "strap," a flat strip of material, properly for fastening anything, the word is ultimately of the same origin but comes directly into English from the French _bande_. In architecture the term is applied to a sort of flat frieze or fascia running horizontally round a tower or other parts of a building, particularly the base tables in perpendicular work, commonly used with the long shafts characteristic of the 13th century. It generally has a bold, projecting moulding above and below, and is carved [v.03 p.0309] sometimes with foliages, but in general with cusped circles or quatrefoils, in which frequently are shields of arms.

The two small strips of linen, worn at the neck as part of legal, clerical and academic dress, are known as "bands"; they are the survival of the falling collar of the 17th century. These bands are usually of white linen, but the secular clergy of the Roman Church wear black bands edged with white. The light cardboard or chip boxes now used to carry millinery were formerly made to carry the neck-bands, whence the name of "band-box."

In the sense of company or troop, "band" is probably also connected with _bindan_, to bind. It came into English from the French. The meaning seems to have originated in Romanic, cf. Italian, Spanish and Portuguese _banda_, and thence came into Teutonic. It has usually been taken (see Ducange, _Gloss._ s.v. _banda_) to be due to the "band" or sash of a particular colour worn as a distinctive mark by a troop of soldiers. Others refer it to the medieval Latin _bandum_, banner, a strip or "band" of cloth fastened to a pole. In this sense the chief application is to a company of musicians (see ORCHESTRA), particularly when used in armies or navies, a military band.

_Military Bands._--In all countries bands are organized and maintained in each infantry regiment or battalion if the latter is the unit. The strength of these bands and the number and nature of their instruments vary considerably, as also do the rank and status of the bandmaster. The buglers and drummers belonging to the companies are generally massed under the sergeant-drummer and on the march play alternately with the band. In action the British custom is to use the bandsmen as stretcher-bearers, but on the continent of Europe the bands are as far as possible kept in hand under the regimental commanders and play the troops into action; and in all countries the available bands, drums and bugles are ordered to play during the final assault. The training of bandmasters for the British service is carried out at Kneller Hall, Hounslow, an institution founded in 1857 and placed under direct control of the war office in 1867. The average strength of the various classes of instrument in the band of a British line regiment has been stated as--twenty flutes, oboes, clarinets and bassoons, four horns, eight saxhorns, six trumpets and cornets, three trombones, two drums. The buglers and drummers are in the proportion of one of each per company. The saxophone, which is the characteristic instrument of military bands in other countries, has not found favour with the British authorities. Another specially military instrument, universal in the Russian army and more or less common to others, is the so-called "Jingling Johnny," a frame of small bells that is sharply shaken in the accented parts of the music. The "glockenspiel" is also fairly common. The peculiar instrument of Scottish regiments is the bagpipes. Cavalry, and more rarely artillery corps in the various armies, have small bands. The mounted arms, however, have little need of music as compared with the infantry, the order and ease of whose marching powers are immensely enhanced by the music of a good regimental band. In the navies of various countries bands are maintained on board flag-ships and sometimes on board other large ships.

BANDA, a town and district of British India, in the Allahabad division of the United Provinces. The town is near the right bank of the river Ken, 95 m. S.W. of Allahabad. The population in 1901 was 22,565. The town possesses 65 mosques and 168 Hindu temples. It was formerly, but is no longer, a military cantonment.

The district is the most barren and backward portion of the province. It contains an area of 3061 sq. m. In some parts it rises into irregular uplands and elevated plains, interspersed with detached rocks of granite; in others it sinks into marshy lowlands, which frequently remain under water during the rainy season. The sloping country on the bank of the Jumna is full of ravines. To the S.E. the Vindhya chain of hills takes its origin in a low range not exceeding 500 ft. in height, and forming a natural boundary of the district in that direction. The principal river of the district is the Jumna, which flows from north-west to south-east, along the N.E. boundary of the district, for 125 m. In 1901 the population was 631,058, showing a decrease of 11% in the decade, due to the effects of famine. The black soil of the district yields crops of which the principal are millet, other food-grains, pulse, rice, cotton and oil-seeds. Banda cotton enjoys a high repute in the market. A branch railway from Manikpur to Jhansi traverses the length of the district, which is also crossed by the East Indian main line to Jubbulpore.

Banda, which forms one of the districts included under the general name of Bundelkhand, has formed an arena of contention for the successive races who have struggled for the sovereignty of India. Kalinjar town, then the capital, was unsuccessfully besieged by Mahmud of Ghazni in A.D. 1023; in 1196 it was taken by Kutab-ud-din, the general of Muhammad Ghori; in 1545 by Shere Shah, who, however, fell mortally wounded in the assault. About the year 1735 the raja of Kalinjar's territory, including the present district of Banda, was bequeathed to Baji Rao, the Mahratta peshwa; and from the Mahrattas it passed by the treaties of 1802-1803 to the Company. At the time of the Mutiny the district, which was poverty-stricken and over-taxed, joined the rebels. The town of Banda was recovered by General Whitlock on the 20th of April 1858. The fiscal system was remodelled, and the district has since enjoyed a greater degree of prosperity only interrupted by famine.

BANDA ISLANDS, a group of the Dutch East Indies, consisting of three chief and several lesser islands in the Banda Sea, south of Ceram, belonging to the residency of Amboyna. The main islands are Great Banda or Lontor; Banda Neira to its north; Gunong Api, west of Banda Neira; Wai or Ai still farther west, with Run on its south-west; Pisang, north of Gunong Api; and Suwangi, north-west again. The total land area is about 16 sq. m. A volcanic formation is apparent in Lontor, a sickle-shaped island which, with Neira and Gunong Api, forms part of the circle of a crater. The arrangement is comparable with Santorin in the Aegean Sea. Gunong Api (Fire Mountain), 2200 ft. high, is an active volcano, and its eruptions and earthquakes have frequently brought destruction, as notably in 1852, when the damage was chiefly due to a huge wave of the sea. Banda, the chief town, on Neira, is a pleasant settlement, commanded by two Dutch forts of the early 17th century, Nassau and Belgica. The largest island, Lontor, was found too unhealthy to be the site of the principal settlement; but the climate of the islands generally, though hot, is not unhealthy. In the space between Lontor, Neira and Gunong Api there is a good harbour, with entrances on either side, which enable vessels to enter on either of the monsoons. Between Gunong Api and Neira there is a third channel, but it is navigable for small vessels only. The principal articles of commerce in the Banda group are nutmegs and mace. The nutmeg is indigenous. The native population having been cleared off by the Dutch, the plantations were worked by slaves and convicts till the emancipation of 1860. The introduction of Malay and Chinese labourers subsequently took place. The plantations (_perken_) were originally held by the conquerors of the natives, the government monopolizing the produce at a fixed rate; but in 1873 the government monopoly was abolished. The production amounts annually to nearly 1,500,000 lb of nutmegs, and 350,000 lb of mace. The nutmegs are grown, in accordance with natural conditions, under the shade of other trees, usually the _canari_. Jalti or jatti wood is cultivated on the small island of Rosingen. The total population of the islands is about 9500, of which some 7000 are descendants of the natives introduced as slaves from neighbouring islands, and are Christians or Mahommedans.

The Banda Islands were discovered and annexed by the Portuguese Antonio D'Abreu in 1512; but in the beginning of the 17th century his countrymen were expelled by the Dutch. In 1608 the British built a factory on Wai, which was demolished by the Dutch as soon as the English vessel left. Shortly after, however, Banda Neira and Lontor were resigned by the natives to the British, and in 1620 Run and Wai were added to their dominions; but in spite of treaties into which they had entered [v.03 p.0310] the Dutch attacked and expelled their British rivals. In 1654 they were compelled by Cromwell to restore Run, and to make satisfaction for the massacre of Amboyna; but the English settlers not being adequately supported from home, the island was retaken by the Dutch in 1664. They remained in undisturbed possession until 1796, when the Banda Islands were taken by the British. They were restored by the treaty of Amiens in the year 1800, again captured, and finally restored by the treaty of Paris concluded in 1814.

BANDANA, or BANDANNA, a word probably derived through the Portuguese from the Hindustani _b[=a]ndhn[=u]_, which signified a primitive method of obtaining an effect in dyeing by tying up cloth in different places to prevent the particular parts from receiving the dye. The name was given to richly coloured silk handkerchiefs produced by this process, of which bright colours were characteristic. Bandanas are now commonly made of cotton and produced in Lancashire, whence they are exported. The effect is also produced by a regular process in calico printing, in which the pattern is made by discharging the colour.

BANDELIER, ADOLPH FRANCIS ALPHONSE (1840- ), American archaeologist, was born in Bern, Switzerland, on the 6th of August 1840. When a youth he emigrated to the United States. After 1880 he devoted himself to archaeological and ethnological work among the Indians of the south-western United States, Mexico and South America. Beginning his studies in Sonora (Mexico), Arizona and New Mexico, he made himself the leading authority on the history of this region, and--with F. H. Cushing and his successors--one of the leading authorities on its prehistoric civilization. In 1892 he abandoned this field for Ecuador, Bolivia and Peru, where he continued ethnological, archaeological and historical investigations. In the first field he was in a part of his work connected with the Hemenway Archaeological Expedition and in the second worked for Henry Villard of New York, and for the American Museum of Natural History of the same city. Bandelier has shown the falsity of various historical myths, notably in his conclusions respecting the Inca civilization of Peru. His publications include: three studies "On the Art of War and Mode of Warfare of the Ancient Mexicans," "On the Distribution and Tenure of Lands and the Customs with respect to Inheritance among the Ancient Mexicans," and "On the Social Organization and Mode of Government of the Ancient Mexicans" (Harvard University, Peabody Museum of American Archaeology and Ethnology, _Annual Reports_, 1877, 1878, 1879); _Historical Introduction to Studies among the Sedentary Indians of New Mexico, and Report on the Ruins of the Pueblo of Pecos_ (1881); _Report of an Archaeological Tour in Mexico in 1881_ (1884); _Final Report of Investigations among the Indians of the South-western United States_ (1890-1892, 2 vols.); _Contributions to the History of the South-western Portion of the United States carried on mainly in the years from 1880 to 1885_ (1890),--all these in the _Papers_ of the Archaeological Institute of America, American Series, constituting vols. i.-v.; "The Romantic School of American Archaeologists" (New York Historical Society, 1885); _The Gilded Man (El Dorado) and other Pictures of the Spanish Occupancy of America_ (1893); and a report _On the Relative Antiquity of Ancient Peruvian Burials_ (American Museum of Natural History, Bulletin, v. 30, 1904). He also edited _The Journey of Alvar Nuñez Cabeza de Vaca ... from Florida to the Pacific_, 1528-1536 (1905), translated into English by his wife.

BANDELLO, MATTEO (1480-1562), Italian novelist, was born at Castelnuovo, near Tortona, about the year 1480. He received a very careful education, and entered the church, though he does not seem to have prosecuted his theological course with great zeal. For many years he resided at Mantua, and superintended the education of the celebrated Lucrezia Gonzaga, in whose honour he composed a long poem. The decisive battle of Pavia, which gave Lombardy into the hands of the emperor, compelled Bandello to fly; his house at Milan was burnt and his property confiscated. He took refuge with Cesare Fregoso, an Italian general in the French service, whom he accompanied into France. In 1550 he was raised to the bishopric of Agen, a town in which he resided for many years before his death in 1562. Bandello wrote a number of poems, but his fame rests entirely upon his extensive collection of _Novelle_, or tales (1554, 1573), which have been extremely popular. They belong to that species of literature of which Boccaccio's _Decameron_ and the queen of Navarre's _Heptameron_ are, perhaps, the best known examples. The common origin of them all is to be found in the old French _fabliaux_, though some well-known tales are evidently Eastern, and others classical. Bandello's novels are esteemed the best of those written in imitation of the _Decameron_, though Italian critics find fault with them for negligence and inelegance of style. They have little value from a purely literary point of view, and many of them are disfigured by the grossest obscenity. Historically, however, they are of no little interest, not only from the insight into the social life of the period which they afford, but from the important influence they exercised on the Elizabethan drama. The stories on which Shakespeare based several of his plays were supplied by Bandello, probably through Belleforest or Paynter.

BANDER ABB[=A]SI (also BENDER ABBAS, and other forms), a town of Persia, on the northern shore of the Persian Gulf in 27° 11' N., and 56° 17' E., forming part of the administrative division of the "Persian Gulf ports," whose governor resides at Bushire. It has a population of about 10,000, an insalubrious climate and bad water.

Bander Abb[=a]si was called Gombrun (Gombroon, Gamaroon; Cambarão, Comorão of Portuguese writers) until 1622, when it received its present name (the "port of Abbas") in honour of the reigning shah, Abbas I., who had expelled the Portuguese in 1614, and destroyed the fort built by them in 1612. The English, however, were permitted to build a factory there, and about 1620 the Dutch obtained the same privilege. On the capture of the island of Hormuz (Ormus) in 1622 by the English and Persians a large portion of its trade was transferred to Bander Abb[=a]si. During the remainder of the 17th century the traffic was considerable, but in the 18th prosperity declined and most of the trade was removed to Bushire. In 1759 the English factory was destroyed by the French, and though afterwards re-established it has long been abandoned. The ruins of the factory and other buildings lie west of the present town. About 1740 Nadir Shah granted the town and district with the fort of Shamil and the town of Min[=a]b, together with the islands of Kishm, Hormuz (Ormus) and L[=a]rak, to the Arab tribe of the Beni Ma`[=i]ni in return for a payment of a yearly rent or tribute. About 40 years later Sultan bin Ahmad, the ruler of Muscat, having been appealed to for aid by the Arab inhabitants of the place against Persian misrule, occupied the town, and obtained a firman from the Persian government confirming him in his possession on the condition of his paying a yearly rent of a few thousand tomans. The islands were considered to be the property of Muscat. In 1852 the Persians expelled the Muscat authorities from Bander Abb[=a]si and its district, but retired when Muscat agreed to pay an increased rent. By a treaty concluded between Persia and Muscat in 1856 it was stipulated that Bander Abb[=a]si town and district and the islands were to be considered Persian territory and leased to Muscat at an annual rent of 14,000 tomans (£6000). The treaty was to have been in force for twenty years, but in 1866 the Persians took advantage of the assassination of Seyed Thuweini, the sultan of Muscat, to instal as governor of Bander Abb[=a]si and district a nominee of their own who agreed to pay a rent of 20,000 tomans per annum. Further difficulties arising between Persia and Muscat, and the ruler of the latter, then in possession of a powerful fleet, threatening to blockade Bander Abb[=a]si, the Persian government solicited the good offices of the British government, and the lease was renewed for another eight years upon payment of 30,000 tomans per annum (then about £12,000). This was in 1868. In the same year, however, the sultan of Muscat was expelled by a successful revolt, and the Persian government, in virtue of a clause in the lease allowing them to cancel the contract if a conqueror obtained possession of Muscat, installed their own governor at Bander Abb[=a]si and [v.03 p.0311] have retained possession of the place ever since (see Curzon, _Persia_, ii. 424).

Bander Abb[=a]si has a lively trade, exporting much of the produce of central and south-eastern Persia and supplying imports to those districts and Khorasan. It has telegraph and post offices, and the mail steamers of the British India Steam Navigation Company call at the port weekly. Great Britain and Russia are represented there by consuls. From 1890-1905 the total value of the exports and imports from and into Bander Abb[=a]si averaged about £660,000 per annum, £260,000 (£155,000 British) being for exports, £400,000 (£340,000 British) imports. Of the 255,000 tons of shipping which in 1905 entered Bander Abb[=a]si 237,000 were British.

(A. H.-S.)

BANDER LINGAH, or LINGA, a town of Persia on the northern shore of the Persian Gulf and about 300 m. by sea from Bushire, in 26° 33' N., 54° 54' E. Pop. about 10,000. It forms part of the administrative divisions of the "Persian Gulf ports," whose governor resides at Bushire. The annual value of the exports and imports from and into Bander Lingah from 1890 to 1905 averaged about £800,000, but nearly half of that amount is represented by pearls which pass in transit from the fisheries on the Arab coast to Bombay. Like many other Persian Gulf ports, Bander Lingah was for many generations a hereditary patrimony of the Sheikh of an Arab tribe, in this case the Juvasmi tribe, and it was only in 1898 that the Arabs were expelled from the place by a Persian force. It is the chief port for the Persian province of Láristan (under Fars), and has a thriving trade with Bahrein and the Arab coast. It has a British post office, and the steamers of the British India Company call there weekly. Of the 133,000 tons of shipping which in 1905 entered the port 104,500 were British.

BANDEROLE (Fr. for a "little banner"), a small flag or streamer carried on the lance of a knight, or flying from the mast-head of a ship in battle, &c.; in heraldry, a streamer hanging from beneath the crook of a bishop's crosier and folding over the staff; in architecture, a band used in decorative sculpture of the Renaissance period for bearing an inscription, &c. Bannerol, in its main uses the same as banderole, is the term especially applied to the square banners carried at the funerals of great men and placed over the tomb.

BANDICOOT, any animal of the marsupial genus _Perameles_, which is the type of a family _Peramelidae_. The species, about a dozen in number, are widely distributed over Australia, Tasmania, New Guinea and several of the adjacent islands. They are of small size and live entirely on the ground, making nests of dried leaves, grass and sticks in hollow places and forming burrows in which they pass a great part of the day. Though feeding largely on worms and insects they ravage gardens and fields, on which account they are detested by the colonists. The name is often extended to the family.

BANDICOOT-RAT, the Anglo-Indian name for a large rat (_Nesocia bandicota_), inhabiting India and Ceylon, which measures from 12 to 15 in. to the root of the tail, while the tail itself measures from 11 to 13 in. The name is said to be a corruption of the Telegu _pandi-koku_. It differs from typical rats of the genus _Mus_ by its broader incisors, and the less distinct cusps on the molars. Other species of the genus are found from Palestine to Formosa, as well as in central Asia. The typical species frequents villages, towns and cultivated grounds all over India and Ceylon, but is specially common in the south of the peninsula. (See RODENTIA.)

BANDIERA, ATTILIO (1811-1844) and EMILIO (1819-1844), Italian patriots. The brothers Bandiera, sons of Baron Bandiera, an admiral in the Austrian navy, were themselves members of that service, but at an early age they were won over to the ideas of Italian freedom and unity, and corresponded with Giuseppe Mazzini and other members of the _Giovane Italia_ (Young Italy), a patriotic and revolutionary secret society. During the year 1843 the air was full of conspiracies, and various ill-starred attempts at rising against the Italian despots were made. The Bandieras began to make propaganda among the officers and men of the Austrian navy, nearly all Italians, and actually planned to seize a warship and bombard Messina. But having been betrayed they fled to Corfu early in 1844. Rumours reached them there of agitation in the Neapolitan kingdom, where the people were represented as ready to rise _en masse_ at the first appearance of a leader; the Bandieras, encouraged by Mazzini, consequently determined to make a raid on the Calabrian coast. They got together a band of about twenty men ready to sacrifice their lives for an idea, and set sail on their desperate venture on the 12th of June 1844. Four days later they landed near Cotrone, intending to go to Cosenza, liberate the political prisoners and issue their proclamations. But they did not find the insurgent band which they had been told awaited them, and were betrayed by one of their party, the Corsican Boccheciampe, and by some peasants who believed them to be Turkish pirates. A detachment of gendarmes and volunteers was sent against them, and after a short fight the whole band were taken prisoners and escorted to Cosenza, where a number of Calabrians who had taken part in a previous rising were also under arrest. First the Calabrians were tried by court-martial, and a large number condemned to death or the galleys. The raiders' turn came next, and the whole party, save the traitor Boccheciampe, were condemned to be shot, but in the case of eight of them the sentence was commuted to the galleys. On the 23rd of July the two Bandieras and their nine companions were executed; they cried _Viva l'Italia!_ as they fell.

The Neapolitan government was undoubtedly within its right in executing the Bandieras, and the material results of this heroic but unpractical attempt were nil. But the moral effect was enormous throughout Italy, the action of the authorities was universally condemned, and the martyrdom of the Bandieras bore fruit in subsequent revolutions. It also created a great impression in England, where it was believed that the Bandieras' correspondence with Mazzini (_q.v._) had been tampered with, and that information as to the proposed expedition had been forwarded to the Austrian and Neapolitan governments by the British foreign office; recent publications, however, especially the biography of Sir James Graham, tend to exculpate the British government.

See G. Ricciardi, _Storia dei Fratelli Bandiera_ (Florence, 1863); F. Venosta, _I Fratelli Bandiera_ (Milan, 1863); and Carlo Tivaroni's _L'Italia durante il dominio austriaco_, vol. iii. p. 149 (Turin, 1894).

(L. V.*)

BANDINELLI, BARTOLOMMEO or BACCIO (1493-1560), Florentine sculptor, was the son of an eminent goldsmith, and from him Bandinelli obtained the first elements of drawing. Showing a strong inclination for the fine arts, he was early placed under Rustici, a sculptor, and a friend of Leonardo da Vinci, with whom he made rapid progress. The ruling motive in his life seems to have been jealousy both of Benvenuto Cellini and of Michelangelo, one of whose cartoons he is said to have torn up and destroyed. He is regarded by some as inferior in sculpture only to Michelangelo, with whom a comparison unfavourable to Bandinelli is tempted in such works as the marble colossal group of Hercules and Cacus in the Piazza del Gran Duco, and the group of Adam and Eve in the Bargello. Among his best works must be reckoned the _bassi-rilievi_ in the choir of the cathedral of Florence; his copy of the Laocoon; and the figures of Christ and Nicodemus on his own tomb.

BANDINI, ANGELO MARIA (1726-1800), Italian author, was born at Florence on the 25th of September 1726. Having been left an orphan in his infancy, he was supported by his uncle, Giuseppe Bandini, a lawyer of some note. He received his education among the Jesuits, and showed a special inclination for the study of antiquities. His first work was a dissertation, _De Veterum Saltationibus_ (1749). In 1747 he undertook a journey to Vienna, in company with the bishop of Volterra, to whom he acted in the capacity of secretary. He was introduced to the emperor and took the opportunity of dedicating to that monarch his _Specimen Litteraturae Florentinae_, which was then printing at Florence. On his return he took orders, and settled at Rome, passing the whole of his time in the library of the Vatican, and in those of the cardinals Passionei and Corsini. The famous obelisk [v.03 p.0312] of Augustus, at that time disinterred from the ruins of the Campus Martius, was described by Bandini in a learned folio volume _De Obelisco Augusti_. Shortly after he was compelled to leave Rome on account of his health and returned to Florence, where he was appointed librarian to the valuable library bequeathed to the public by the abbé Marucelli. In 1756 he was preferred by the emperor to a prebend at Florence, and appointed principal librarian to the Laurentian library. During forty-four years he continued to discharge the duties of this situation, and died in 1800, generally esteemed and regretted. On his deathbed he founded a public school, and bequeathed the remainder of his fortune to other charitable purposes. The most important of his numerous works are the _Catalogus Codd. MSS. Graec., Lat., Ital., Bib., Laurent_., 8 vols (1767-1778), and the _Vita e Lettere d'Amerigo Vespucci_, 1745.

BANDOLIER, or BANDOLEER (from Fr. _bandoulière_, Ital. _bandoliera_, a little band), a belt worn over the shoulder, particularly by soldiers to carry cartridges. In the 17th century wooden cases were hung to the belt to contain powder charges. The modern bandolier carries the cartridges either in loops sewn to the belt, or in small pouches, similarly attached, containing strips of several cartridges. It has been extensively adopted in the British army, especially for mounted troops.

BANDON, or BANDONBRIDGE, a market-town of county Cork, Ireland, in the south-east parliamentary division, picturesquely situated in a broad open valley on both sides of the river Bandon. Pop. (1901) 2830. It is 20 m. S.W. of the city of Cork by the Cork, Bandon & South Coast railway. It is an important agricultural centre and there are distilleries, breweries and flour-mills. The open park of Castle Bernard (earl of Bandon), on the riverside, is attractive, and 2 m. below Bandon on the river is Innishannon, the head of navigation. Bandon was founded early in the 17th century by Richard Boyle, earl of Cork, and was incorporated by James I. It returned two members to the Irish parliament and thereafter one to the Imperial parliament until 1885. After the destruction of the walls by the Irish in 1689, Bandon long resisted the admission of Catholic inhabitants.

BANEBERRY, or HERB CHRISTOPHER, popular names for _Actaea spicata_ (nat. ord. _Ranunculaceae_), a poisonous herb with long-stalked compound leaves, small white flowers and black berries, found wild in copses in limestone districts in the north of England. It is widely distributed in the north temperate zone.

BANÉR (BANNER, BANIER), JOHAN (1596-1641), Swedish soldier in the Thirty Years' War, was born at Djursholm Castle on the 23rd of June 1596. Entering the Swedish army, he served with distinction in the wars with Russia and Poland, and had reached high rank when, in 1630, Gustavus Adolphus landed in Germany. As one of the king's chief subordinates, Banér served in the campaign of north Germany, and at the first battle of Breitenfeld he led the right wing of Swedish horse. He was present at the taking of Augsburg and of Munich, and rendered conspicuous service at the Lech and at Donauwörth. At the unsuccessful assault on Wallenstein's camp at the Alte Veste Banér received a wound, and, soon afterwards, when Gustavus marched towards Lützen, his general was left in command in the west, where he was opposed to the imperial general Aldringer. Two years later, as Swedish field-marshal, Banér, with 16,000 men, entered Bohemia, and, combined with the Saxon army, marched on Prague. But the complete defeat of Bernhard of Saxe-Weimar in the first battle of Nördlingen stopped his victorious advance. After this event the peace of Prague placed the Swedish army in a very precarious position, but the victories won by the united forces of Banér, Wrangel and Torstensson, at Kyritz and Wittstock (4th Oct. 1636), restored the paramount influence of Sweden in central Germany. Even the three combined armies, however, were decidedly inferior in force to those they defeated, and in 1637 Banér was completely unable to make headway against the enemy. Rescuing with great difficulty the beleaguered garrison of Torgau, he retreated beyond the Oder into Pomerania. In 1639, however, he again overran northern Germany, defeated the Saxons at Chemnitz and invaded Bohemia itself. The winter of 1640-1641 Banér spent in the west. His last achievement was an audacious _coup-de-main_ on the Danube. Breaking camp in mid-winter (a very rare event in the 17th century) he united with the French under the comte de Guébriant and surprised Regensburg, where the diet was sitting. Only the break-up of the ice prevented the capture of the place. Banér thereupon had to retreat to Halberstadt. Here, on the 10th of May 1641, he died, after designating Torstensson as his successor. He was much beloved by his men, who bore his body with them on the field of Wölfenbuttel. Banér was regarded as the best of Gustavus's generals, and tempting offers (which he refused) were made him by the emperor to induce him to enter his service. His son received the dignity of count.

See _Banérs Bref till Axel Oxenstjerna_ (Stockholm, 1893); B. P. von Chemnitz, _Königlichen Schwedscher in Deutschland geführten Kriegs_; Martin Veibull, _Sveriges Storhedsted_ (Stockholm, 1881); Lundblad, _Johan Banér_ (Stockholm, 1823); Ardwisson, _Trittioariga Krigets maerkvaerdigaste personer_ (Stockholm, 1861).

BANFF, a royal, municipal and police burgh, seaport and capital of Banffshire, Scotland. Pop. (1901) 7161. It is beautifully situated on high ground, on the left bank of the mouth of the Deveron, 50 m. N.W. of Aberdeen by the Great North of Scotland railway. It is a place of great antiquity, its first charter having been granted by Malcolm IV. in 1163, and further privileges were conferred by Robert Bruce in 1324 and Robert II. in 1372. Of the old castle on the hill by the sea, in which Archbishop Sharp was born, scarcely a trace remains; but upon its site was erected the modern Banff Castle, belonging to the earl of Seafield. The chief public edifices include the county buildings; town hall, surmounted by a spire 100 ft. high; Chalmers hospital (founded by Alexander Chalmers of Clunie, a merchant and shipowner of the town); a masonic hall of tasteful design; and the academy, a modern structure in the Grecian style, to which there is attached an extensive museum, containing examples of the early mechanical genius of James Ferguson, the astronomer. Of the museum, which originally belonged to the defunct Banff Institution and was afterwards taken over by the town council, Thomas Edward--the "working naturalist," whose life was so sympathetically written by Samuel Smiles--was curator for a few years. The principal manufactures comprise woollens, leather, rope and sails, and there are also breweries, distilleries, iron foundries, brick-yards and timber-yards, besides some ship-building. The fishing trade is also important. The exports mainly consist of grain, cattle, fish, dairy produce and potatoes; the imports of coal and timber. There is a railway station at Bridge of Banff communicating, via Inveramsay, with Aberdeen, and another at the harbour, communicating with Portsoy and Keith. The burgh is under the jurisdiction of a provost and council, and unites with Macduff, Elgin, Cullen, Inverurie, Kintore and Peterhead in returning one member to parliament. The Cassie Gift arose out of a bequest by Alexander Cassie of London, a native of Banff, who left £20,000 to the poor of the town--the interest being divided twice a year. Duff House, immediately adjoining the town, is a seat of the duke of Fife. It was built in 1740-1745, after designs by Robert Adam, at a cost of £70,000. The duke of Cumberland rested here on the way to Culloden. The house contains a fine collection of pictures and an interesting armoury. The park is nearly ten miles in circumference. The house, together with that portion of the park immediately surrounding it (about 140 acres), was presented to the towns of Banff and Macduff by the duke of Fife in November 1906.

BANFFSHIRE, a north-eastern county of Scotland, bounded N. by the Moray Firth, E. and S. by Aberdeenshire, and W. by Elgin and Inverness. It has an area of 403,364 acres, or 633½ sq. m. The surface is diversified. The northern half is mostly a fine, open, undulating country of rich, highly-cultivated soil. The southern is mountainous, but extensive farms are found in its fertile glens. Some of the mountains are thick with forests, some present a beautiful intermixture of rock and copse, while others are covered with brown heath. The principal mountains are all in the south; among them are Cairngorm, on the confines [v.03 p.0313] of the shires of Banff and Inverness (4084 ft.), famous for its amber-coloured quartz crystals, the "cairngorms" of Scots jewelry; Ben Rinnes (2775 ft.); Corryhabbie (2563); Cook's Cairn (2478); Carn an t-Saidhe (2401); and the Buck of Cabrach (2368). No great rivers belong wholly to Banffshire. For a considerable part of their courses the Spey forms the western and the Deveron the eastern boundary of the county. But Banffshire streams are comparatively short, the chief being the Avon, Fiddich, Isla, Buckie, Deskford--with a series of cascades--and Livet. Most of them are stocked with trout and the Spey and Deveron are famous for their salmon. The great glens are distinguished for their romantic scenery, the chief being Glen Avon, Glen Barry, Glen Fiddich, Glen Isla, Glen Livet, and Glen Rinnes. The largest lochs are in the extreme south: Loch Avon (2300 ft. above the sea), Loch Builg (1586) and Loch Etchachan (3100).

_Geology_.--The geology of Banffshire is closely connected with that of the neighbouring counties of Aberdeen and Elgin, from which it is divided by no natural boundaries. The greater portion is occupied by crystalline schists of sedimentary origin belonging to the Eastern Highland sequence. The groups which are typically developed comprise (1) slates, black schists and phyllites with thin black limestone, sometimes containing tremolite, (2) the main limestone, (3) the quartzite (Schiehallion). These form subparallel belts trending north-east and south-west from the seacoast between Cullen and Portsoy southwards by Keith and Dufftown to the head waters of the Avon beyond Tomintoul. Some excellent sections of the phyllites are to be seen on the shore between Sandend, near Portsoy, and Findlater Castle, near Cullen, and in the railway cutting near Mulben, west of Keith. The main limestone has been worked at Fordyce, near Grange east of Keith, and at Keith and Dufftown. The quartzite, which is regarded as probably the highest member of the series, forms prominent ridges due to the more rapid erosion of the phyllites, mica-schists and limestones occupying the intervening hollows. It appears on the coast between Cullen and Buckie, it forms the Durn Hill near Portsoy, the Binn of Cullen, the Knock Hill, Ben Aigan and various ridges trending southwards from Grange by Glen Fiddich towards Tomintoul. In the north-east part of the county there is a large development of slate with interbedded greywackes and pebbly grits, which occupies the coast section between Macduff and Troup Head except a small part at Gamrie. The slate has been quarried for roofing purposes. No fossils have been found in these strata and their age is uncertain. The metamorphic sediments have been pierced by acid and basic igneous intrusions, partly before and partly after the folding and metamorphism of the strata. The older acid and basic materials appear as sheets injected along the lines of bedding of the sediments and are traceable for considerable distances. They are foliated in places, the planes of schistosity being more or less parallel with the planes of bedding in the schists. The older acid rocks are represented by the sills of granite and augen-gneiss occurring west of Portsoy, south of Fordyce and near Keith, while the older basic rocks are illustrated by the belt of gabbro, epidiorite and hornblende-schist which stretches southwards from the coast at Portsoy, by Rothiemay to Huntly in Aberdeenshire. Veins and bosses of serpentine are associated with these basic intrusions at Portsoy and near Grange, one of the veins being traceable at intervals from the shore southwards in the direction of Knock Hill. The later intrusions are represented by the Ben Rinnes mass of granite and its basic modification, the Netherly diorite, east of Rothes. Various mineral localities occur throughout the county, of which some of the most important occur on the shore at Portsoy, as for example the gabbro masses in Portsoy Bay with enstatite, hypersthene and labradorite, the graphic granite with microcline, muscovite and tourmaline at East Head, the chiastolite-schist west of the marble quarry, the mottled serpentine with strings of chrysotile. Resting unconformably on these metamorphic rocks, Old Red sandstone strata are met with in a few places. Thus, they cross the Spey and appear in the Tynet Burn east of Fochabers, and extend eastwards to Buckie. Outliers of these beds appear on the shore near Cullen and south of Fordyce, while the largest area extends from Gamrie east by Pennan on the north coast of Aberdeenshire to Aberdeen. The strata consist mainly of conglomerates and red sandstones, which, at Gamrie and at Tynet, are associated with a band of limestone nodules embedded in a clayey matrix, containing fish remains. The more abundant species occurring at Gamrie, as determined by Dr R. H. Traquair, are _Diplacanthus striatus_, _Rhadinacanthus_, _Cheiracanthus Murchisoni_, _Pterichthys Milleri_, _Coccosteus decipiens_. In view of the fossil evidence these beds have been referred to the middle or Orcadian division of this formation. In the interior near Tomintoul, another large deposit, composed of conglomerate and sandstone, occurs, which may be of the same age, though no fossils have as yet been obtained from these beds. There is a widespread covering of boulder clay especially in the northern part bordering the shore, where it contains fragments of shells and includes numerous boulders which have been carried eastwards from the high grounds west of the Moray Firth. In the brickclays at Blackpots to the north-west of Banff, fragments of shells also occur together with Jurassic fossils. Shelly sands have been recorded near the Ord south of Tillynaught near Portsoy, and shells have been found in stratified deposits on the shore near Gamrie.

_Agriculture_.--The soil is in general rich and productive, yielding fair crops of wheat, and excellent crops of barley, oats, &c.; and the grass and green crops are equally abundant. Oats is the predominant crop, but the demands of distillers keep up the acreage of barley. The cattle and stock hold a high character and form the staple agricultural industry. There is also a considerable amount of dairy farming. Among landlords who did much to encourage agricultural enterprise and to plant and reclaim lands, were the earls of Fife and the earls of Findlater, afterwards earls of Seafield. It was a Seafield who, in 1846, received the honorary gold medal of the Highland and Agricultural Society of Scotland, for his immense and thriving plantations of useful timber-trees, in the counties of Banff, Moray and Nairn. From the year 1811 to 1845, he had planted 18,938,224 Scots firs, 11,904,798 larches, 843,450 hardwoods; making the enormous aggregate of 31,686,472 forest trees, planted in 8223 acres of enclosed ground. The Banffshire Agricultural Association holds shows periodically for all sorts of stock and produce and agricultural implements.

_Manufactures and Trade_.--Woollen factories are found in Dufftown, Rothiemay and Gollachy, and engineering works in Banff, Portsoy and Keith. Distilleries are numerous and their product has a high repute. A fishing and miscellaneous trade is done at the harbours of Banff, Macduff, Buckie, Gardenstown, Portsoy, Cullen and Port Gordon; but fishing is also carried on at numerous creeks or harbours along the coast. The herring season lasts from June to September, white fishing all the year round. The fishery districts centre in Banff and Buckie. Banffshire contains large limestone deposits, and granite is also quarried.

The systems of the Great North of Scotland and the Highland railways serve the chief towns of the county and provide communication in one direction with Aberdeen, and in another with Elgin, Nairn and Inverness.

The population of Banffshire in 1891 was 61,684, and in 1901 61,488, or 97 to the square mile. In 1901 there were 499 persons speaking Gaelic and English. The chief towns are Banff (pop. in 1901, 7161), Buckie (6549), and Keith (4753), with Cullen (1936), Portsoy (1878) and Dufftown (1823). The county returns one member to parliament; the royal burghs, Banff and Cullen, belonging to the Elgin group of parliamentary burghs. Banffshire, with Aberdeen and Kincardine shires, forms a sheriffdom, and there is a resident sheriff-substitute at Banff, who sits also at Keith, Buckie and Dufftown. Most of the schools are under school-board jurisdiction. Several of them earn grants for higher education, and the county council, out of the "residue grant," subsidizes classes in agriculture, navigation, veterinary science and cookery and laundry work. The teachers of the county, with those of the shires of Aberdeen and Elgin, benefit by the bequest of James Dick (1743-1828), a West India merchant, who left over £110,000 to promote the higher learning of the schoolmasters of these shires. The annual income of £4000 is distributed among the dominies who have qualified by examination to become beneficiaries.

_History_.--Of the northern Picts who originally possessed the land few remains now exist beyond the cairns that are found in the districts of Rothiemay, Ballindalloch, Boharm, Glen Livet and elsewhere. "Cairn" also occurs in many place names. The advance of the Romans was practically prevented by the mountains in the south, but what is believed to have been a Roman camp may still be made out in Glen Barry. Danish invaders were more persevering and more successful. Many bloody conflicts took place between them and the Scots. Near Cullen a fierce encounter occurred in 960, and a sculptured stone at Mortlach is said to commemorate a signal victory gained by Malcolm II. over the Norsemen in 1010. The shire was the scene of much strife after the Reformation. In Glen Livet the Roman Catholics, under the marquess of Huntly, worsted the Protestants under the earl of Argyll. From 1624 to 1645 was a period of almost incessant struggle, and the Covenanting troubles, combined with the frequent conflicts of the clans, were productive of serious evils. But the Jacobite risings of 1715 and 1745 left the county comparatively untouched, and thereafter it became settled.

See W. Cramond, _Annals of Banff_ (New Spalding Club) (Aberdeen, 1891); Dr Gordon, _Chronicles of Keith, Grange, &c._ (Glasgow, 1880); _Banffshire Year-Book_ (Banff); Professor Dickie, _Botanist's Guide to Aberdeen, Banff, &c._ (Aberdeen, 1860); _Inventory of Charters of Cullen_ (Banff, 1887); and _Inventory of Charters of Banff_ (Banff); Robertson's _Collections for a History of the Shires of Aberdeen and Banff_ (Spalding Club); W. Watt, _Aberdeenshire and Banff_ (Edinburgh, 1900).

[v.03 p.0314] BÁNFFY, DEZSÖ [DESIDERIUS], BARON (1843- ), Hungarian statesman, the son of Baron Daniel Bánffy and Anna Gyárfás, was born at Klausenburg on the 28th of October 1843, and educated at the Berlin and Leipzig universities. As lord lieutenant of the county of Belsö-Szolnok, chief captain of Kövár and curator of the Calvinistic church of Transylvania, Bánffy exercised considerable political influence outside parliament from 1875 onwards, but his public career may be said to have begun in 1892, when he became speaker of the house of deputies. As speaker he continued, however, to be a party-man (he had always been a member of the left-centre or government party) and materially assisted the government by his rulings. He was a stringent adversary of the radicals, and caused some sensation by absenting himself from the capital on the occasion of Kossuth's funeral on the 1st of April 1894. On the 14th of January 1895, the king, after the fall of the Széll ministry, entrusted him with the formation of a cabinet. His programme, in brief, was the carrying through of the church reform laws with all due regard to clerical susceptibilities, and the maintenance of the Composition of 1867, whilst fully guaranteeing the predominance of Hungary. He succeeded in carrying the remaining ecclesiastical bills through the Upper House, despite the vehement opposition of the papal nuncio Agliardi, a triumph which brought about the fall of Kalnóky, the minister for foreign affairs, but greatly strengthened the ministry in Hungary. In the ensuing elections of 1896 the government won a gigantic majority. The drastic electoral methods of Bánffy had, however, contributed somewhat to this result, and the corrupt practices were the pretext for the fierce opposition in the House which he henceforth had to encounter, though the measures which he now introduced (the Honved Officers' Schools Bill) would, in normal circumstances, have been received with general enthusiasm. Bánffy's resoluteness enabled him to weather all these storms, and his subsequent negotiations with Austria as to the quota and commercial treaties, to the considerable political advantage of Hungary, even enabled him for a time to live at peace with the opposition. But in 1898 the opposition, now animated by personal hatred, took advantage of the ever-increasing difficulties of the government in the negotiations with Austria, and refused to pass the budget till a definite understanding had been arrived at. They refused to be satisfied with anything short of the dismissal of Bánffy, and passion ran so high that on the 3rd of January 1899 Bánffy fought a duel with his most bitter opponent, Horánszky. On the 26th of February Bánffy resigned, to save the country from its "ex-lex," or unconstitutional situation; he was decorated by the king and received the freedom of the city of Buda. Subsequently he contributed to overthrow the Stephen Tisza administration, and in May 1905 joined the Kossuth ministry.

See article "Bánffy," by Marczall, in _Pallas Nagy Lexikona,_ Köt 17.

(R. N. B.)

BANG, HERMANN JOACHIM (1858- ), Danish author, was born of a noble family in the island of Zealand. When he was twenty he published two volumes of critical essays on the realistic movement. In 1880 he published his novel _Haablöse Slaegter_ ("Families without hope"), which at once aroused attention. After some time spent in travel and a successful lecturing tour in Norway and Sweden, he settled in Copenhagen, and produced a series of novels and collections of short stories, which placed him in the front rank of Scandinavian novelists. Among his more famous stories are _Faedra_ (1883) and _Tine_ (1889). The latter won for its author the friendship of Ibsen and the enthusiastic admiration of Jonas Lie. Among his other works are:--_Det hvide Hus_ (The White House, 1898), _Excentriske Noveller_ (1885), _Stille Eksistenzer_ (1886), _Liv og Död_ (Life and Death, 1899), _Englen Michael_ (1902), a volume of poems (1889) and of recollections (_Ti Aar,_ 1891).

BANGALORE, a city of India, the capital of the native state of Mysore, and the largest British cantonment in the south of India. It is 3113 ft. above the sea, and 219 m. W. of Madras by rail. Pop. (1901) 69,447. The foundation of the present fort was laid by a descendant of Kempe-Goude, a husbandman of the neighbouring country, who, probably in the 16th century, had left his native village to avoid the tyranny of the _wadeyar_ of that place, and settled on a spot a few miles to the north of Bangalore. To the peaceful occupation of a farmer he added that of a warrior, and his first exploit was the conquest of this place, where, and at Savendrug, his family subsequently erected fortresses. Bangalore, with other possessions, was, however, wrested from them by Bijapur. Somewhat later we find it enumerated among the _jagirs_ of Shahji, father of Sivaji, the founder of the Mahratta sway; and at an early period of his career in the service of the Bijapur state, that adventurer seemed to have fixed his residence there. It appears to have passed into the possession of Venkaji, one of the sons of Shahji; but he having occupied Tanjore, deemed Bangalore too distant, especially under the circumstances of the times, to be safe. He accordingly, in 1687, entered into a bargain for its sale to Chikka Deva, raja of Mysore, for three lakhs of rupees; but before it could be completed, Kasim Khan, commander of the forces of Aurangzeb, marched upon the place and entered it almost without resistance. This event, however, had no other result than to transfer the stipulated price from one vendor to another; for that general, not coveting the possession, immediately delivered it over to Chikka Deva on payment of the three lakhs. In 1758, Nanjiraj, the powerful minister of the raja, caused Bangalore to be granted, as a _jagir_ or fief, to Hyder Ali, afterwards usurper of Mysore, who greatly enlarged and strengthened the fort, which, in 1760, on his expulsion from Seringapatam, served as his refuge from destruction. The fort formed the traditional scene of the first captivity of Sir David Baird after Baillie's defeat at Perambakam in 1780. The prison cell of Sir David and his fellow-captive is from 12 to 15 ft. square, with so low a roof that a man can scarcely stand upright in it. In 1791 it was stormed by a British army commanded by Lord Cornwallis. In 1799 the district was included by the treaty of Seringapatam within the territory of the restored raja of Mysore. It formed the headquarters of the British administration of Mysore from 1831 to 1881. When the state of Mysore was restored to its raja in 1881, the civil and military station of Bangalore was permanently reserved under British jurisdiction as an "assigned tract." It has an area of 13 sq. m., and had in 1901 a population of 89,599, showing a decrease of 10% in the decade, due to plague. Bangalore is the headquarters of a military district, its elevation rendering it healthy for British troops, with accommodation for a strong force of all arms and an arsenal in the old fort. It is the headquarters of a brigade in the 9th division of the Indian army. A considerable number of European pensioners reside here. There is a modern palace for the maharaja. There is an aided Roman Catholic college, besides many schools for Europeans. A permanent water-supply has been introduced and there is a complete system of drainage. Bangalore is an important railway centre. There are several cotton mills. The city suffered severely from plague in 1899 and 1900.

The district of Bangalore borders on the Madras district of Salem. The main portion consists of the valley of the Arkavati river, which joins the Cauvery on the southern frontier. Its area is 3079 sq. m. In 1901 the population was 789,664, showing an increase of 15% in the decade. The district is crossed by several lines of railway. Outside Bangalore city there is a woollen mill, which turns out blankets, cloth for greatcoats, and woollen stuffs.

BANGANAPALLE, a state of southern India, surrounded by the Madras district of Kurnool. Area, 255 sq. m.; pop. (1901) 32,264, showing a decrease of 9% in the decade; estimated revenue £6400, of which a large portion is alienated in grants to junior branches of the family; no tribute. The excessive expenditure of the nawab, Syed Fateh Ali Khan, and the general inefficiency of the administration caused much anxiety to the government, and in February 1905 he was temporarily removed from the administration of the state. The town of Banganapalle is not far from the branch of the Southern Mahratta railway from Guntakal to Bezwada.

[v.03 p.0315] BANGASH, a small tribe of Pathans in the Kohat district of the North-West Frontier Province of India. They occupy the hills between Thal and Kohat, and number 3000 fighting men. Formerly they owned the whole of Kurram, but owing to the encroachments of the Turis, they moved eastwards, dispossessed the Orakzais, drove them north and took their territory in the Kohat district, which they now occupy to the west of the Khattak country. The Khattaks and Bangashes are of exceptionally good physique and make excellent soldiers.

BANGKOK, the capital of Siam, on the river Me Nam, about 20 m. from its mouth, in 100° 30' E., 13° 45' N. Until modern times the city was built largely on floating pontoons or on piles at the edges of the innumerable canals and water-courses which formed the thoroughfares, but to meet the requirements of modern life, well-planned roads and streets have been constructed in all directions, crossing the old canals at many points and lined with well-built houses, for the most part of brick, in which the greater part of the erstwhile riparian population now resides. The centre of the city is the royal palace (see SIAM), situated in a bend of the river and enclosed by walls. At a radius of nearly a mile is another wall within which lies the closely-packed city proper, and beyond which the town stretches away to the royal parks on the north and to the business quarter, the warehouses, rice-mills, harbour and docks on the south. The whole town covers an area of over 10 sq. m. Two companies provide Bangkok with a complete system of electric tramways, and the streets are lined with shade-trees and lit by electricity. All over the town are scattered beautiful Buddhist temples, which with their coloured tile roofs and gilded spires give it a peculiar and notable appearance. Many fine buildings are to be seen--the various public offices, the arsenal, the mint, the palaces of various princes and, in addition to these, schools, hospitals, markets and Christian churches of many denominations, chiefly Roman Catholic. There are four railway stations in Bangkok, the termini of the lines which connect the provinces with the capital.

The climate of Bangkok has without doubt recently changed. It has become hotter and less humid. Though a minimum temperature below 60° F. is still recorded in January and December, a maximum of over 100° is reached during the hot weather months and at the beginning of the rains, whereas up to the year 1900 a maximum of 93° was considered unusually high. The cause of this change is not known, but it is attributed to extensive drainage and removal of vegetation in the immediate neighbourhood of the town. The annual rainfall amounts to rather over 50 in.

A four-mile reach of the Me Nam, immediately below the city proper, forms the port of Bangkok. From 250 to 400 yds. broad and of good depth right up to the banks, the river offers every convenience for the berthing and loading of ships, though a bar at its mouth, which prevents the passage of vessels drawing more than 12 ft., necessitates in the case of large ships a

## partial loading and unloading from lighters outside. The banks of the port

are closely lined with the offices, warehouses and wharves of commercial houses, with timber yards and innumerable rice-mills, while the custom house, the harbour master's office and many of the foreign legations and consulates are also situated here. Of the 750 steamships which cleared the port in 1904, three out of every seven were German, two were Norwegian and one was British, but in 1905 two new companies, one British and the other Japanese, arranged for regular services to Bangkok, thereby altering these proportions. It is notable that the heavy trade with Singapore shows a tendency to decrease in favour of direct trade with Europe. A fleet of small steamers, schooners and junks, carries on trade with the towns and districts on the east and west coasts of the Gulf of Siam. The trade of Bangkok is almost entirely in the hands of Europeans and Chinese. The principal exports are rice and teak, and the principal imports, cotton and silk goods and gold-leaf. The value of trade, which more than doubled between the years 1900 and 1907, amounted in the latter year to £5,600,000 imports and £7,100,000 exports. Of the total trade, 75% is with the British empire. Many of the best known mercantile firms and banks of the Far East have branches in Bangkok. The unit of currency is the _tical_ (see SIAM).

The government of Bangkok is entrusted to the minister of the capital, a member of the cabinet. Under this minister are the police, sanitary, harbour master's and revenue offices. The police force is an efficient and well-organized body of 3000 men headed by a European commissioner of police. The sanitary department consists of a board of health, a bacteriological laboratory and an engineer's office, all managed with expert European assistance. Under the act of 1905, the want of which was long felt, the port and the city water-ways are controlled by the harbour master. Local revenues are collected by the revenue office. The ordinary law courts are under the control of the ministry of justice, but in accordance with the extra-territorial rights enjoyed by foreign powers in Siam, each consulate has attached to it a court, having jurisdiction in all cases in which a subject of the power represented by such consulate is defendant.

The population, which is estimated at 450,000, is mixed. Mingling with Siamese and Chinese, who form the major part, may be seen persons of almost every race to be found between Bombay and Japan, while Europeans of different nationalities number over 1000. The death-rate is high, especially among children, owing to the prevalence of cholera, smallpox and fevers during the dry weather. Sanitation, however, is improving and much good has resulted from the boring of numerous artesian wells which yield good water.

Before 1769 Bangkok was nothing but an agricultural village with a fort on the river bank. In that year, however, it was seized by the warrior, Paya Tak, as a convenient point from which to attack the Burmese army then in occupation of Siam, and upon his becoming king it was chosen as the capital of the country. (See SIAM.)

(W. A. G.)

BANGOR, a seaport and market-town of Co. Down, Ireland, in the north parliamentary division, on the south side of Belfast Lough, 12m. E.N.E. of Belfast, on a branch of the Belfast & County Down railway. Pop. of urban district (1901) 5903. It carries on a considerable trade in cotton and linen and embroidered muslin. It is greatly frequented as a watering-place, especially by the people of Belfast, and there are golf links and important regattas held by the Royal Ulster Yacht Club. Slight remains are to be seen of an abbey of Canons Regular, founded in the middle of the 6th century by St Comgall, and rebuilt, on a scale of magnificence which astonished the Irish, by St Malachy O'Morgair in the first half of the 12th century. Bangor was incorporated by James I. and returned two members to the Irish parliament.

BANGOR, a city, port of entry, and the county-seat of Penobscot county, Maine, U.S.A., at the confluence of the Kenduskeag stream with the Penobscot river, and at the head of navigation on the Penobscot, about 60 m. from the ocean, and about 75 m. N.E. of Augusta. Pop. (1890) 19,103; (1900) 21,850, of whom 3726 were foreign-born and 176 were negroes; (1910, census) 24,803. A bridge (about 1300 ft. long) across the Penobscot connects Bangor with Brewer (pop. in 1910, 5667). Bangor is served directly by the Maine Central railway, several important branches radiating from the city, and by the Eastern Steamship line; the Maine Central connects near the city with the Bangor & Aroostook railway (whose general offices are here) and with the Washington County railway. The business portion of the city lies on both sides of the Kenduskeag and for about 3 m. along the W. bank of the Penobscot, which is here quite low, while many fine residences are on the hillsides farther back. Bangor is the seat of three state institutions--the Eastern Maine general hospital, the Eastern Maine insane hospital and the law school of the University of Maine--and of the Bangor Theological Seminary (Congregational), incorporated in 1814, opened at Hampden in 1816, removed to Bangor in 1819, and empowered in 1905 to confer degrees in divinity. The city has several public parks, a public library and various charitable institutions, among which are a children's home, a home for aged men, a home for aged women and a deaconesses' home. Among the principal buildings are the county court house, the Federal building, the city hall and the opera house. The Eastern [v.03 p.0316] Maine Music Festival is held in Bangor in October of each year. The rise of the tide here to a height of 17 ft. makes the Penobscot navigable for large vessels; the Kenduskeag furnishes good water-power; and the city is the trade centre for an extensive agricultural district. The Eastern Maine State Fair is held here annually. Bangor is one of the largest lumber depots in the United States, and also ships considerable quantities of ice. The city's foreign trade is of some importance; in 1907 the imports were valued at $2,720,594, and the exports at $1,272,247. Bangor has various manufactures, the most important of which (other than those dependent upon lumber) are boots and shoes (including moccasins); among others are trunks, valises, saws, stoves, ranges and furnaces, edge tools and cant dogs, saw-mill machinery, brick, clothing, cigars, flour and dairy products. In 1905 the city's factory products were valued at $3,408,355. The municipality owns and operates the water-works (the water-supply being drawn from the Penobscot by the Holly system) and an electric-lighting plant; there is also a large electric plant for generation of electricity for power and for commercial lighting, and in Bangor and the vicinity there were in 1908 about 60 m. of electric street-railway.

Bangor has been identified by some antiquarians as the site of the mythical city of _Norumbega_, and it was reported in 1656 that Fort Norombega, built by the French, was standing here; but the authentic history of Bangor begins in 1769 when the first settlers came. The settlement was at first called Conduskeag and for a short time was locally known as Sunbury. In 1791 the town was incorporated, and through the influence of the Rev. Seth Noble, the first pastor, the name was changed to Bangor, the name of one of his favourite hymn-tunes. During the war of 1812 a British force occupied Bangor for several days (in September 1814), destroying vessels and cargoes. Bangor was chartered as a city in 1834. In 1836 a railway from Bangor to Old Town was completed; this was the first railway in the state; Bangor had, also, the first electric street-railway in Maine (1889), and one of the first iron steamships built in America ran to this port and was named "Bangor."

BANGOR (formerly BANGOR FAWR, as distinguished from several other towns of this name in Wales, Ireland, Brittany, &c.), a city, municipal (1883) and contributory parliamentary borough (Carnarvon district), seaport and market-town of Carnarvonshire, N. Wales, 240 m. N.W. of London by the London & North Western railway. Pop. (1901) 11,269. It consists of Upper and Lower, the Lower practically one street. Lying near the northern entrance of the Menai Straits, it attracts many visitors. Buildings include the small cathedral, disused bishop's palace, deanery, small Roman Catholic church and other churches, the University College of N. Wales (1883), with female students' hall, Independent, Baptist, Normal and N. Wales Training Colleges. The cruciform cathedral, with a low pinnacled tower, stands on the site of a church which the English destroyed in 1071 (dedicated to, and perhaps founded, about 525, by St Deiniol). Sir G. Scott restored the present cathedral, 1866-1875, after it had been burned in the time of Owen Glendower, destroyed in 1211, and, in 1102 and 1212, severely handled. Bishop Dean (_temp_. Henry VII.) rebuilt the choir, Bishop Skevyngton (1532) added tower and nave. Lord Penrhyn's slate-quarries, at Bethesda, 6 m. off, supply the staple export from Port Penrhyn, at the mouth of the stream Cegid.

The _Myvyrian Archaeology_ (408-484) gives the three principal _bangor_ (college) institutions as follows:--the _bangor_ of Illtud Farchawg at Caer Worgorn (Wroxeter); that of Emrys (Ambrosius) at Caer Caradawg; _bangor wydrin_ (glass) in the _glass isle_, Afallach; _bangor Illtud_, or Llanilltud, or Llantwit major (by corruption), being a fourth. In each of the first three were 420 saints, succeeding each other (by hundreds), day and night, in their pious offices.

BANGORIAN CONTROVERSY, a theological dispute in the early 18th century which originated in 1716 with the posthumous publication of George Hickes's (bishop of Thetford) _Constitution of the Christian Church, and the Nature and Consequences of Schism_, in which he excommunicated all but the non-juring churchmen. Benjamin Hoadly (_q.v._), the newly-appointed bishop of Bangor, scented the opportunity and wrote a speedy and able reply, _Preservative against the Principles and Practices of Non-Jurors_, in which his own Erastian position was recommended and sincerity proposed as the only test of truth. This was followed by his famous sermon, preached before George I. on the 31st of March 1717, on _The Nature of the Kingdom or Church of Christ_. In this discourse "he impugned the idea of the existence of any visible church at all, ridiculed the value of any tests of orthodoxy, and poured contempt upon the claims of the church to govern itself by means of the state." He identified the church with the kingdom of Heaven--it was therefore "not of this world," and Christ had not delegated His authority to any representatives. Both book and sermon were reported on by a committee appointed by the Lower House of Convocation in May, and steps would have been taken by the archbishop and bishops had not the government stepped in (Hoadly denied that this was at his request) and prorogued Convocation till November. Hoadly himself wrote _A Reply to the Representations of Convocation_ and also answered his principal critics, among whom were Thomas Sherlock (_q.v._), then dean of Chichester, Andrew Snape, provost of Eton, and Francis Hare, then dean of Worcester. These three men, and another opponent, Robert Moss, dean of Ely, were deprived of their royal chaplaincies. Hoadly was shrewd enough not to answer the most brilliant, though comparatively unknown, of his antagonists, William Law. Though the controversy went on, its most important result had already been achieved in the silencing of Convocation, for that body, though it had just "seemed to be settling down to its proper work in dealing with the real exigencies of the church" when the Hoadly dispute arose, did not meet again for the despatch of business for nearly a century and a half. (See CONVOCATION.)

BANGWEULU, a shallow lake of British Central Africa, formed by the head streams of the Congo. It lies between 10° 38' and 11° 31' S. and is cut by 30° E. Bangweulu occupies the north-west part of a central basin in an extensive plateau, and is about 3700 ft. above the sea. The land slopes gently to the depression from the south, east and north, and into it drain a considerable number of streams, turning the greater part into a morass of reeds and papyrus. The term Bangweulu is sometimes applied to the whole depression, but is properly confined to the area of clear water. Only on its south-west and western sides are the banks of the lake clearly defined. The greatest extent of open water is about 60 m. N. to S. and 40 m. E. to W. Long narrow sandbanks almost separate Chifunawuli, the western pan of the lake, from the main body of water, while the water surface is further diminished by a number of islands. The largest of these islands, Kirui (Chiru), lies on the east side of the lake close to the swamp. Kisi (Chishi) is a small island occupying a central position just south of 11° S., and Mbawali, 20 m. long by 3 broad, lies south of Kisi. South of Bangweulu the swamp extends to 12° 10' S. Into this swamp on its east side flows the Chambezi, the most remote head stream of the Congo. Without entering the lake the Chambezi mingles its waters in the swamp with those of the Luapula. The Luapula, which leaves Bangweulu at its most southern point, is about a mile wide at the outflow, but soon narrows to 300 or so yds. West of the Luapulu and near its outflow lies Lake Kampolombo, 20 m. long and 8 broad at its southern end. A sandy track separates Bangweulu from Kampolombo, and a narrow forest-clad tongue of land called Kapata intervenes between the Luapula and Kampolombo. Various channels lead, however, from the river to the lake. The Luapula flows south through the swamp some 50 m. and then turns west and afterwards north (see CONGO). The flood waters of the Chambezi and other streams, which deposit large quantities of alluvium, are gradually solidifying the swamp, while the Luapula is believed to be, though very slowly, draining Bangweulu. The waters of the lake do not appear to be anywhere more than 15 ft. deep.

Though heard of by the Portuguese traveller, Francisco de Lacerda, in 1798, Bangweulu was first reached in 1868 by David Livingstone, who died six years later among the swamps to the [v.03 p.0317] south. It was partially surveyed in 1883 by the French traveller, Victor Giraud, and first circumnavigated by Poulett Weatherley in 1896.

See P. Weatherley in _Geog. Journ._ vol. xii. (1898) and vol. xiv. p. 561 (1899); L. A. Wallace in _Geog. Journ._ vol. xxix. (1907), with map by O. L. Beringer. Giraud's _Les Lacs de l'Afrique équatoriale_ (Paris, 1890) and Livingstone's _Last Journals_ (1874) may also be consulted.

BANIM, JOHN (1798-1842), Irish novelist, sometimes called the "Scott of Ireland," was born at Kilkenny on the 3rd of April 1798. In his thirteenth year he entered Kilkenny College and devoted himself specially to drawing and painting. He pursued his artistic education for two years in the schools connected with the Royal Society at Dublin, and afterwards taught drawing in Kilkenny, where he fell in love with one of his pupils. His affection was returned, but the parents of the young lady interfered and removed her from Kilkenny. She pined away and died in two months. Her death made a deep impression on Banim, whose health suffered severely and permanently. In 1820 he went to Dublin and settled finally to the work of literature. He published a poem, _The Celts' Paradise_, and his _Damon and Pythias_ was performed at Covent Garden in 1821. During a short visit to Kilkenny he married, and in 1822 planned in conjunction with his elder brother MICHAEL (1796-1874), a series of tales illustrative of Irish life, which should be for Ireland what the Waverley Novels were for Scotland. He then set out for London, and supported himself by writing for magazines and for the stage. A volume of miscellaneous essays was published anonymously in 1824, called _Revelations of the Dead Alive_. In April 1825 appeared the first series of _Tales of the O'Hara Family_, which achieved immediate and decided success. One of the most powerful of them, _Crohoore of the Bill Hook_, was by Michael Banim. In 1826 a second series was published, containing that excellent Irish novel, _The Nowlans_. John's health had given way, and the next effort of the "O'Hara family" was almost entirely the production of his brother Michael. _The Croppy, a Tale of 1798_ (1828) is hardly equal to the earlier tales, though it contains some wonderfully vigorous passages. _The Denounced_, _The Mayor of Windgap_, _The Ghost Hunter_ (by Michael Banim), and _The Smuggler_ followed in quick succession, and were received with considerable favour. John Banim, meanwhile, had become much straitened in circumstances. In 1829 he went to France, and while he was abroad a movement to relieve his wants was set on foot by the English press, headed by John Sterling in _The Times_. A sufficient sum was obtained to remove him from any danger of actual want, and to this government added in 1836 a pension of £150. He returned to Ireland in 1835, and settled in Windgap Cottage, a short distance from Kilkenny; and there, a complete invalid, he passed the remainder of his life, dying on the 13th of August 1842. Michael Banim had acquired a considerable fortune which he lost in 1840 through the bankruptcy of a firm with which he had business relations. After this disaster he wrote _Father Connell_ (1842), _Clough Fionn_ (1852), _The Town of the Cascades_ (1862). Michael Banim died at Booterstown on the 30th of August 1874.

The true place of the Banims in literature is to be estimated from the merits of the _O'Hara Tales_; their later works, though of considerable ability, are sometimes prolix and are marked by too evident an imitation of the Waverley Novels. The _Tales_, however, are masterpieces of faithful delineation. The strong passions, the lights and shadows of Irish peasant character, have rarely been so ably and truly depicted. The incidents are striking, sometimes even horrible, and the authors have been accused of straining after melodramatic effect. The lighter, more joyous side of Irish character, which appears so strongly in Samuel Lover, receives little attention from the Banims.

See P. J. Murray, _Life of John Banim_ (1857).

BANJALUKA (sometimes written BANIALUKA, or BAINALUKA), the capital of a district bearing the same name, in Bosnia. Pop. (1895) 13,666, of whom about 7000 were Moslems. Banjaluka lies on the river Vrbas, and at the terminus of a military railway which meets the Hungarian state line at Jasenovac, 30 m. N.N.W. Banjaluka is the seat of Roman Catholic and Orthodox bishops, a district court, and an Austrian garrison. It is at the head of a narrow defile, shut in by steep hills on the east and west but expanding on the north to meet the valley of the Save. A small stream called the Crkvina enters the Vrbas from the north-east and in the angle thus formed stand the citadel and barracks, with the 16th-century Ferhadiya Jamia, largest and most beautiful of more than 40 mosques in the city. The celebrated Roman baths are all in ruins, except one massive, domed building, dating from the 6th century and still in use, although modern baths are also open, for the development of the hot springs. Other noteworthy buildings are the Franciscan and Trappist monasteries, a girls' school, belonging to the Sisterhood of the Sacred Blood of Nazareth, a real-school and a Turkish bazaar. Coal, iron, silver and other minerals are found in the adjoining hills; and the city possesses a government tobacco factory, a brewery, cloth-mills, gunpowder-mills, a model farm and many corn-mills, worked by the two rapid rivers.

Banjaluka is probably the Roman fort, marked, in the _Tabula Peutingeriana_, as _Castra_, on the river Urbanus and the road from Salona on the Adriatic to Servitium in Pannonia. The origin of its later name, meaning the "Baths of St Luke," is uncertain. In the 15th century, the fall of Jajce, a rival stronghold 22 m. S., led to the rapid rise of Banjaluka, which was thenceforward the scene of many encounters between Austrians and Turks; notably in 1527, 1688 and 1737. No Bosnian city had greater prosperity or importance in the last half of the 18th century. In 1831, Hussein Aga Borberli, called the "Dragon of Bosnia," or _Zmaj Bosanski_, set forth from Banjaluka on his holy war against the sultan Mahmud II. (See BOSNIA.)

BANJERMASIN (Dutch _Bandjermasin_), the chief town in the Dutch portion of the island of Borneo, East Indies, on the river Martapura, near its junction with the Barito, 24 m. from the mouth of the Barito in a bay of the south coast. The town is the seat of the Dutch resident of South and East Borneo. Its buildings stand on either bank of the river, but many of the inhabitants (who number nearly 50,000) occupy houses either floating on, or built on piles in the river. As large vessels can sail up to the town, it is a trade centre for the products of the districts along the banks of the Barito and Martapura, such as benzoin, rattans, wax, gold, diamonds, iron and weapons. In 1700 the East Indian Company established a factory here; but the place was found to be unhealthy, and the Company's servants were finally attacked by the natives, whom they repulsed with great difficulty. The settlement was abandoned. The English again seized Banjermasin in 1811, but restored it in 1817. Of the commercial community the Chinese are a very important portion, and there is also a considerable number of Arabs. The district of Banjermasin was incorporated by the Dutch in consequence of the war of 1860, in regard to the succession in the sultanate, which had been under their protection since 1787. The town of Martapura was the seat of the sultan from 1771. The inland portion of the district is covered with forest, while the flat and swampy seaboard is largely occupied by rice-fields. The inhabitants are mostly Dyaks.

BANJO, a musical instrument with strings plucked by fingers or plectrum, popular among the American negroes and introduced by them into Europe. The word is either a corruption of "bandore" or "pandura" (_q.v._), an instrument of the guitar type, or is derived from "bania," the name of a similar primitive Senegambian instrument.

The banjo consists of a body composed of a single piece of vellum stretched like a drum-head over a wooden or metal hoop to ensure the requisite degree of resonance; the parchment may be tightened or slackened by means of a series of screws disposed round the circumference of the hoop. Attached to the body, which has no back, is a long neck, terminating in a flat head

## acting as a peg-box and bent back slightly at an obtuse angle from the

neck. There are five, six or nine strings to the banjo; they are fastened to a tail-piece as in the violin, pass over a low bridge, on the body, and are strained over the nut or ridge at the end of the neck, where they are threaded through holes and wound round the tuning-pegs fixed in the back of the head in Oriental fashion, as in the lute (_q.v._). The strings are stopped [v.03 p.0318] by the pressure of the fingers against the finger-board which lies over the front of the neck; the correct positions for the formation of the intervals of the scale are indicated in some banjos by frets consisting of metal or wooden bands inlaid in the finger-board. The vibrating length of the strings from bridge to nut is 24 in. for all except the highest in pitch, known as the "chanterelle," "melody" or "thumb string," which is only 16 in. long; its tuning peg is inserted half-way up the neck. The chanterelle is not, as in other stringed instruments, in its position as the highest in pitch, but is placed next the lowest string for convenience in playing it with the thumb. In the tables of accordance here given, the chanterelle is indicated by a X. The five-stringed banjo is tuned either

[Notation: 5:E5X 4:A3 3:E4 2:G4# 1:B4.] or [Notation: 5:D5X 4:G3 3:D4 2:F4# 1:A4.]

The six-stringed is tuned [Notation: 6:G5X 5:G3 4:D4 3:G4 2:B4 1:D5.]

The nine-stringed banjo has three thumb strings thus [Notation: 9:F5#X 8:G5X 7:A5X 6:G3 5:C4 4:D4 3:G4 2:B4 1:D5.]

The G clef is used in notation, but the notes sound an octave lower than they are written. The banjo is usually a transposing instrument in the sense that, when playing with other instruments, the A corresponds to the C of the piano or violin; the key of A major is therefore the first to be mastered. The chanterelle does not lie over the finger-board and is always played open by the thumb.

The banjo is held so that the neck is even with the left shoulder and the body rests on the right thigh; the front of the instrument is held inclined at an angle, allowing the performer to see all the strings. When played as a solo instrument, a plectrum may be used with good effect to produce rapid scale and arpeggio passages, or to produce the tremolo or sustained notes as on the mandoline (_q.v._). The best results are obtained by means of a tortoise-shell plectrum about the size of a shilling,[1] having the contact-edges highly polished, bevelled and terminating in a point. The tone of the banjo is louder and harder than that of the guitar. Chords of two, three and four notes can be played on it.

The banjo or bania of the African negro having grass strings is still in use on the coast of Guinea. The banjo was made known in England through companies of coloured minstrels from the United States, one of which came over to London as early as 1846.

(K. S.)

[1] See A. H. Nassau-Kennedy, I.S.M., _Banjo-Plectring_.

BANK,[1] known also as "Polish Bank" and "Russian Bank" a card-game. An ordinary pack is used. Five or six players is a convenient number. Each contributes an arranged stake to the pool. The dealer gives three cards to each player and turns up another; if this is not lower than an eight (ace is lowest) he goes on till such a card is exposed. The player on the dealer's left, without touching or looking at his cards, can bet the amount of the pool, or any part of it, that among his cards is one that is higher (of the same suit) than the turn-up. If he wins, he takes the amount from the pool; if he loses, he pays it to the pool. Each player does the same in turn, the dealer last. Whenever the pool is exhausted, a fresh stake is put into the pool. After a round is over the deal passes. No player may touch his cards until he has made his bet; the penalty is a fine to the pool of twice the stake, and the loss of his right to bet during that round.

[1] For the commercial "bank" see BANKS AND BANKING.

BANKA (Banca, Bangka), an island of the Dutch East Indies, off the east coast of Sumatra, from which it is separated by Banka Strait, which is about 9 m. wide at its narrowest point. On the east, the broader, island-studded Gaspar Strait separates Banka from Billiton. Banka is 138 m. in length; its extreme breadth is 62 m., and its area, including a few small adjacent islands, 4460 sq. m. The soil is generally dry and stony, and the greater part of the surface is covered with forests, in which the logwood tree especially abounds. The hills, of which Maras in the north is the highest (2760 ft.), are covered with vegetation to their summits. Geologically, Banka resembles the Malay Peninsula, its formations being mainly granite, Silurian and Devonian slate, frequently covered with sandstone, laterite (red ironstone clay) of small fertility, and alluvium. The granite extends from W.N.W. to S.S.E., forming the short, irregular hill-chains. As these lie generally near the east coast, it follows that the rivers of the west coast are the longer. There are no volcanoes. The chief rivers (Jering, Kotta and Waringin) are navigable for some 19 m. from their mouths and are used for the transport of tin. Banka is principally noted for the production of this mineral, which was discovered here in 1710 and is a government monopoly. It occurs in lodes and as stream-tin, and is worked by Chinese in large numbers who inhabit villages of their own. The island is divided into nine mining districts, including about 120 mines, under government control, with 12,000 workmen, which have produced as much as 12,000 tons of tin in a year. From May to August, the period of the south-east monsoon, the climate of Banka is dry and hot; but the mean annual rainfall reaches 120 in. annually, rain occurring on an average on 168 days each year. The wet, cool season proper is from November to February, accompanying the north-west monsoon. The heavy rainfall is of great importance to the tin-streaming industry. The total population of the island (1905) is 115,189, including 40,000 Chinese and 70,000 natives. These last are mainly composed of immigrant Malayan peoples. The aborigines are represented by a few rude hill-tribes, who resemble in physique the Battas of Sumatra. Rice, pepper, gambier, coffee and palms are cultivated, and fishing and the collection of forest produce are further industries, but none of these is of importance. The chief town is Muntok at the north end of Banka Strait.

See H. Zondervan, _Banka en Zijne bewoners_ (Amsterdam, 1895), with bibliography; T. Posewitz, _Die Zinn-inseln im Indischen Ocean_. For geology and the tin-mines, _Jaarboek vor het Mijnwezen in Ned. Ind._ (Amsterdam, 1877-1884).

BANKER-MARKS, or Masons' Marks. The "banker" is the stone bed or bench upon which a mason works, hence the term (so well known to the trade) of banker-marks, which, as Mr Whitley has pointed out, is more appropriate than that of masons' marks, since the setters, who are usually selected from amongst the best workmen, make no marks upon the stone (_Leamington Spa Courier_, 11th of August 1888). These must not be confused with other marks sometimes cut on stones as directions to the setters, and so used and employed to the present time. Banker-marks are met with throughout the civilized world, and in fact are to be found on all old buildings of consequence, ecclesiastical or otherwise. Professor T. Hayter Lewis well observed, "Go where you will, in England, France, Sicily, Palestine, you will find all through the buildings of the 12th century the same carefully worked masonry, the same masons' tool-marks, the same way of making them." Such masons' marks are to be traced graved on all the chief stones of what is known as Norman work. Norman tooling, so far as Hayter Lewis could discover, came from the north and west of Europe. Since then we get marks made with a "toothed chisel," but however or wherever chiselled the intention was the same. The system followed provided an infallible means of connecting the individual craftsman with his work, an evidence of identity that could not be gainsaid.

Naturally, because of their simplicity, certain designs were followed much more frequently than others, while occasionally some of a very elaborate character are to be detected. Undoubtedly not a few were suggestive of the initials of the names of the masons, and others were reminiscent of certain animals, objects, &c., but no proof has yet been offered of their being alphabetical in design, or arranged so as to distinguish the members of different lodges or companies; the journeymen selected any design they cared to adopt.

Singular to state, marks were chosen by gentlemen and others [v.03 p.0319] who joined the operative masonic lodges of the 16th and later centuries, and they were as carefully registered in the mark-books as those selected by operatives for trade purposes. The same marks are to be seen in the registers used by fathers and sons, and not always with a slight difference, as some have stated, to secure identification. What should be noted also is that other trades used precisely similar marks and for a like object, so that the idea of their having a mystical meaning, or being utilized for any other object but the one named, seems groundless.

The late George Godwin, F.R.S., F.S.A., &c., drew attention to the subject of "masons' marks in various countries" in a communication to the Society of Antiquaries in 1841, and also at a little later period (vide _Archaeologia_, vol. xxx. p. 113). To him is the credit due of first drawing attention to "these signs" in England. It is noteworthy how little such marks are noticed, even in buildings which are visited by archaeologists quite frequently, until a few are pointed out, and then they meet the eye to an astonishing number. In the _Sessional Papers_, 1868-1869, of the Royal Institute of British Architects, No. 9, may be found numerous samples of the marks from various parts of Europe in illustration of the paper by Godwin.

No better plan has been followed in modern times to connect the work done with the worker in stone, and it is probable that a second mark, observable on some blocks, may serve to indicate the overseer. There are even three or more sometimes.

The same system was adopted at the building of Truro cathedral, only the marks were inserted on the bed of each stone instead of at the side as usual, the result being that they ceased to be seen after being placed _in situ_. Mr Hughan obtained copies of these marks from Mr James Bubb, the first clerk of the works, and from his successor, Mr Robert Swain, and had them published in the _Freemason_, 13th of November 1886. He remarked at the same time that "many of these designs will be familiar to students of ancient ecclesiastical and other buildings at home and abroad." Some are interesting specimens.

_A Historical Treatise on Early Builders' Marks_ (Philadelphia, U.S.A., 1885) by Mr G. F. Fort, and _Masons' Marks from Buildings in the Counties of Lancaster and Chester, with Notes on the General History of Masons' Marks_ (Historic Society of Lancashire and Cheshire, vol. vii. N.S.), by W. Harry Rylands, F.S.A., may be consulted with advantage. The latter declares that "the Runic theory is as unlikely and as untenable as that which places the origin of these marks in the absurd alphabets given by Cornelius Agrippa, who died early in the 16th century." Victor Didron copied some 4000 during a tour in France in 1836 and pointed out their value (_Ann. Arch_., 1845).

(W. J. H.*)

BANKET, a South African mining term, applied to the beds of auriferous conglomerate, chiefly occurring in the Witwatersrand gold-fields (see GOLD). The name was given to these beds from their resemblance to a sweetmeat, known in Dutch as "banket," resembling almond hard-bake. The word is the same as "banquet," and is derived ultimately from "bank" or "bench," meaning table-feast, hence applied to any delicacy or to various kinds of confectionery, a use now obsolete in English.

BANK HOLIDAYS, in the United Kingdom, those days which by the Bank Holidays

## Act 1871 are kept as close holidays in all banks in England and Ireland and

Scotland respectively. Before the year 1834, the Bank of England was closed on certain saints' days and anniversaries, about thirty-three days in all. In 1834 these were reduced to four--Good Friday, 1st of May, 1st of November and Christmas Day. By the act of 1871, carried through the House of Commons by Sir J. Lubbock (afterwards Lord Avebury), the following were constituted bank holidays in England and Ireland--Easter Monday, the Monday in Whitsun week, the first Monday of August, the 26th of December if a week-day; and by the Bank Holiday (Ireland) Act 1903, March 17th as a special bank holiday for Ireland (see FEASTS AND FESTIVALS). In Scotland--New Year's Day, Christmas Day, Good Friday, the 1st Monday of May, the 1st Monday of August. If Christmas Day and New Year's Day fall on a Sunday, the next Monday following is the bank holiday. No person is compelled to make any payment or to do any act upon a bank holiday which he would not be compelled to do or make on Christmas Day or Good Friday, and the making of a payment or the doing of an act on the following day is equivalent to doing it on the holiday. By the same act it was made lawful for the sovereign from time to time, as it should seem fit, to appoint by proclamation, in the same manner as public fasts or days of public thanksgiving, any day to be observed as a bank holiday throughout the United Kingdom or any part of it, or to substitute another day when in any special case it appears inexpedient to the sovereign in council to keep the usual bank holiday. (See further HOLIDAY.)

BANKIPUR, an ancient village on the Hugli river in the Bengal Presidency, near the modern Palta above Barrackpore. It has disappeared from the map, but is famous as the principal settlement of the ill-fated Ostend Company, the one great effort made by Germany to secure a foothold in India. The Ostend Company was formed in 1722-1723, and with a capital of less than a million sterling founded two settlements, one at Coblom (Covelong) on the Madras coast between the English Madras and the Dutch Sadras, and the other on the Hugli between the English Calcutta and the Dutch Chinsura. Both English and Dutch were offended and in 1727, in order to obtain the European guarantee for the Pragmatic Sanction, the court of Vienna resolved to sacrifice the Company and suspended its charter. It became bankrupt in 1784 and ceased to exist in 1793. But in the meantime in 1733 the English and Dutch stirred up the Mahommedan general at Hugli to pick a quarrel. He attacked Bankipur and the garrison of only fourteen persons set sail for Europe. Thus German interests disappeared from India.

BANK-NOTES. For our present purpose we include in this description all paper substitutes for metallic currency whether issued by banks, governments or other financial institutes.

Early bank-notes were simply printed forms in which the amounts were written by hand. They were usually for large amounts (£40 and upwards) and were printed upon water-marked paper; and, although no precautions were taken in the engraving to prevent fraudulent imitation, forgeries were comparatively rare. But, when at the end of the 18th century small notes for £1 and £2 were put in circulation, forgery became rife, as many as 352 persons being convicted of this crime in England in a single year; and from that time to the present a constant trial of skill has been going on between the makers of bank-notes and the counterfeiters. Engine-turned ornaments and emblematical figures or views introduced in the engraving, in conjunction with special water-marks in the paper, held the forgers somewhat in check until the discovery of photography put into the hands of the counterfeiter a most dangerous weapon, by the aid of which complicated patterns and vignettes could be perfectly reproduced. To prevent such reproduction Henry Bradbury in 1856 introduced anti-photographic bank-note printing, in which the essential portions of the note were printed in one colour and over this another protective colour was placed. A photograph of a note printed in this way presented a confused mingling of the two colours; but with the advance of photographic knowledge means were found of obtaining a photograph of either colour separate from the other, and it consequently became necessary to introduce a third colour and to secure a special photographic relation between the three colours to prevent their separation.

Photography, however, although the most dangerous weapon of the counterfeiter, is not the only means of imitation available, a fact which is sometimes overlooked. A note may be perfectly secure against photographic reproduction, but from the absence of other necessary features may be easily copied by an engraver of ordinary skill. There are two systems of engraving employed in bank-notes:--(1) line-engraving in which the lines are cut into the steel or copper plates; and (2) relief-engraving in which the lines stand up above the plate as in wood-engraving. In the former, adapted to the process called plate-printing, the ink is delivered from the lines in the plate to the paper pressed upon it; in the latter, adapted to surface-printing, the ink is spread upon the face of the lines and printed as in typography. Plate-printing gives by far the finer and sharper impression, but as there is a perceptible body of ink transferred to the paper from the cut lines, it has been supposed that an impression from plate would [v.03 p.0320] be more easily photographed than one from surface where only a film of ink is spread upon the top of the raised lines. But surface-printing being much less sharp and distinct than plate-printing, imperfect copies of notes for which that process is used are the more likely to escape detection. The plates upon which the early notes were engraved being of copper quickly wore out and had to be constantly replaced. The result was great difference in the appearance of the notes, those printed from new plates being sharp and clear, while others, printed from old plates, were pale and blurred. These differences were a great assistance to the forger, as the public, being accustomed to variations of appearance between different genuine notes, were less apt to remark the difference between these and counterfeits.

In the early part of the 19th century, Jacob Perkins (1766-1849) introduced into England from America what is known as the transfer-process, in which the original engraving on steel is hardened and an impression taken from it on a soft steel cylinder, which in its turn is hardened and pressed into a soft printing-plate. By this means as many absolutely identical plates can be produced as may be required, and being hardened they will yield a very large number of prints without any appreciable deterioration. Another method of securing uniformity is the multiplication of plates by electro-deposition, the surface of the copper-electrotype plates being protected by the deposit of a film of steel which effectually prevents the wearing of the copper and can be renewed at will.

The water-mark of the paper, on which formerly reliance was placed almost exclusively, puts a difficulty in the way of the counterfeiter, but experience has shown that in ordinary circumstances it does not in itself afford adequate protection. The means by which it can be imitated are well known, and, since a distinct water-mark is incompatible with strong paper, the life of a water-marked note is much shorter than that of one printed upon plain paper. The best bank-note paper is made from pure linen rags and was formerly made by hand. Machine-made paper is however now largely used, as it possesses all the strength of hand-made and is much more uniform in thickness and texture.

In documents which pass current as money it is obviously the duty of the bank or government issuing them to take all reasonable means to prevent the public from being defrauded by the substitution of counterfeits; and a bank whose circulation depends upon the confidence of the public must do so in its own interests to insure the acceptance of its notes. This principle is now recognized by all issuing institutions, but in practice there is room for improvement in the issues of many important establishments, partly because of the disinclination of the directors of a bank to change the form of an issue to which the public is accustomed, partly because of the difficulty of deciding what is really a secure note, and in certain cases because, owing to exceptional circumstances, an issue may be practically immune from forgery although the notes themselves present little or no difficulty in imitation. The features essential to the security of an issue are (1) absolute identity in appearance of all notes of the issue; (2) adequate protection by properly-selected colours against photographic reproduction; and (3) high-class engraving comprising geometric lathe work and well-executed vignettes. In addition it is important that the design of the note should be striking and pleasing to the eye, and the inscription legible.

The notes of the Bank of England are printed in the bank from surface-plates in black without colour or special protection except the water-mark in the paper. They are never reissued after being once returned to the bank, and their average life is very short, about six weeks, so that a dirty or worn Bank of England note is practically never seen. This arrangement, coupled with the difficulty of negotiating forged notes in England, the lowest denomination being £5, accounts for the comparative immunity from forgery of the bank's issues.

BANK RATE, a term used in financial circles to designate the rate of discount charged in the chief monetary centres by the state or leading bank, as opposed to the open-market rate. (See MARKET: _Money market_.)

[Sidenote: Definition.]

BANKRUPTCY (from Lat. _bancus_ or Fr. _banque_, table or counter, and Lat. _ruptus_, broken), the status of a debtor who has been declared by judicial process to be unable to pay his debts. Although the terms "bankruptcy" and "insolvency" are sometimes used indiscriminately, they have in legal and commercial usage distinct significations. When a person's financial liabilities are greater than his means of meeting them, he is said to be "insolvent"; but he may nevertheless be able to carry on his business affairs by means of credit, paying old debts by incurring new ones, and he may even, if fortunate, regain a position of solvency without his creditors ever being aware of his true condition. And even when his insolvency becomes public and default occurs, a debtor may still avert bankruptcy if he is able to effect a voluntary arrangement with his creditors. A debtor may thus be insolvent without becoming bankrupt, but he cannot be a bankrupt without being insolvent, for bankruptcy is a legal declaration of his insolvency and operates as a statutory system for the administration of his property, which is thereby taken out of his personal control.

[Sidenote: Early methods.]

In primitive communities bankruptcy systems were unknown. Individual creditors were left to pursue their remedies by such means as the law or practice of the community might sanction, and these were generally of a very drastic character. Under the Roman law of the Twelve Tables, the creditors might, as a last resort, cut the debtor's body into pieces, each of them taking his proportionate share; and although Blackstone in quoting this law appears to cast some doubt upon its too literal interpretation, there can be no doubt that the power of selling the debtor and his family into slavery was one which was habitually exercised in Greece, Rome, and generally among the nations of antiquity. Even among the Jews, whose legislation was of a comparatively humane character, this practice is illustrated by the Old Testament story of the woman who sought the help of Elisha, saying, "Thy servant my husband is dead ... and the creditor is come to take unto him my two children to be bondmen." The savage severity of these earlier laws was, however, found to be inconsistent with the development of more humane ideas and the growth of popular rights; and tended, as in the case of Greece and Rome, to create serious disturbance in political relations between the patricians, who generally composed the wealthier or creditor class, and the plebeians, in whose ranks the majority of debtors were to be found. Later legislation consequently substituted imprisonment in a public prison for the right of selling the person of the debtor. Under the feudal systems of Europe the state generally insisted on its subjects being left free for military service, and debts could not therefore be enforced against the person of the debtor; but as trade began to develop it was found necessary to provide some means of bringing personal pressure to bear upon debtors for the purpose of compelling them to meet their obligations, and under the practice of the English courts of law the right of a creditor to enforce his claims by the imprisonment of his debtor was gradually evolved (although no express legal enactment to that effect appears at any time to have existed), and this practice continued until comparatively recent times.

[Sidenote: Commercial objects.]

Without some system of enforcing payment of debts it would have been impossible for the commerce of the world to have attained its present proportions; for modern commerce is necessarily founded largely on credit, and credit could not have existed without the power of enforcing the fulfilment of financial contracts. On the other hand remedies against a debtor's person, and still more against the persons of his family, are not only inconsistent with the growth of opinion among civilized communities, but are in themselves worse than futile, inasmuch as they strike at the root of all personal effort on the part of a debtor to retrieve his position and render a return to solvency impossible. Hence the necessity of devising some system which is just to creditors while not unduly harsh upon debtors, which discriminates between involuntary inability to meet obligations and wilful [v.03 p.0321] refusal or neglect, and which secures to creditors as between themselves an equitable share of such of the debtor's assets as may be available for the payment of his liabilites. These are the objects which the bankruptcy laws have primarily in view. Another object, which has not always been so fully recognized as it might appear to deserve, has marked the most recent legislation, namely, the fostering of a higher tone of commercial morality and the protection of the trading community at large from the evils arising through the reckless abuse of credit and the unnatural trade competition thereby engendered. It must be admitted that these objects are of a somewhat conflicting character, and wherever the state has interfered with the view of securing an efficient system of bankruptcy legislation the task has been found to be extremely difficult. Not only have the conflicting interests of the debtor and his creditors to be taken into account, but the method to be adopted in dealing with his property has also given rise to much conflict of opinion, and to a lack of uniformity and consistency in the legislation which dealt with it. The debtor's property was naturally regarded as belonging to the creditors, but it could not be distributed among them until it was realized, and until their respective right and interests were determined by competent authority. In some cases claims to rank as creditors are of doubtful validity. In others the creditor holds securities, the value of which requires investigation, or he claims a preference to which he may or may not be legally entitled. Creditors have thus conflicting interests as between themselves, and are therefore incapable of acting together as a homogeneous body. Hence the necessity for calling in the aid of professional assignees or trustees, solicitors and other agents, who made it their special business to deal with such matters, exercising both administrative and quasi-judicial functions, in return for the remuneration which they receive out of the property for their services. Professional interests, which are not always identical with the interests of the debtor or the creditors, are thus called into existence, and these interests have from time to time exercised a powerful influence in shaping the course of legislation.

While the law of bankruptcy has therefore been largely the product of commercial development, it has necessarily been of slow and gradual growth, tentative in its character, and subject to oscillation between the extremes of conflicting interests according to the temporary and varying predominance of each of these interests from time to time. No intelligible grasp of the principles which underlie the history of bankruptcy legislation in England, and no satisfactory explanation of the fluctuating tendencies which have marked its progress, are possible without bearing these considerations in view.

_Bankruptcy in England._

[Sidenote: History.]

The subject was originally dealt with in the sole interest of creditors; it was considered fraudulent for a debtor to procure his own bankruptcy. Thus the earliest English statute on the subject, 34 & 35 Henry VIII. c. 4 (A.D. 1542), was directed against fraudulent debtors, and gave power to the lord chancellor and other high officers to seize their estates and divide them among the creditors, but afforded no relief to the debtor from his liabilities. Subsequent legislation modified this attitude and introduced the principle of granting relief to the bankrupt with or without the consent of the creditors, where he conformed to the provisions of the bankruptcy law, and under the act of 1825 the debtor was allowed himself to initiate proceedings. Since 1542 about forty acts of parliament have been passed, dealing with the many aspects of the subject, and slowly expanding, modifying and building up the highly complex system of administration which now exists.

[Sidenote: Court of 1831.]

The courts exercising jurisdiction originally, consisted of commissioners appointed by the lord chancellor. But in 1831 a special court of bankruptcy was established, consisting of six commissioners with four judges as a court of review, and official assignees attached to the court for the purpose of getting in the distributing the bankrupt's assets. Non-traders were originally excluded from the bankruptcy court, and a special court called the "court for relief of insolvent debtors" was instituted for their benefit, in which relief from the liability to imprisonment could be obtained on surrender of their property, but they were not discharged from their debts, subsequently-acquired property remaining liable. Both of these courts were subsequently abolished, non-traders were permitted to obtain the benefit of the bankruptcy laws, including a discharge, and in 1869 the system of official assignees was swept away, and a new court of bankruptcy created with one of the vice-chancellors at its head as chief judge, and a number of subordinate registrars or inferior judges under him. This court has also now been abolished, and the business is administered by a judge of the high court specially appointed for the purpose by the lord chancellor, with registrars of the high court, who deal with the ordinary judicial routine of bankruptcy procedure in the London district, while similar duties are performed by the county-court judges throughout the country.

[Sidenote: Rights of creditors.]

But the questions which have proved the most difficult to deal with, and which more than any others have been the cause of fluctuating and inconsistent legislation, have undoubtedly been those relating to the share which the creditors ought to have in the administration of the proceedings, and to special arrangements effected between a debtor and his creditors under conditions more or less beyond the control of the court. These two questions are largely intermixed, and the history of English legislation on these points and its results throw much light on the causes of the failure of the many attempts which have been made by the most eminent legal authorities to bring the law into a satisfactory condition. The right of creditors to exercise some control in bankruptcy over the realization of the debtor's property through an assignee chosen by themselves was recognized at an early date, but this right was exercised subject to the supervision of the court which investigated the claims of creditors and determined who were entitled to take part in the proceedings. Provision was also made for the interim protection of the debtor's property by official assignees attached to the court, who took possession until the creditors could be consulted, and under the supervision of the court audited the accounts of the creditor's assignee. So long as this system continued substantial justice was generally secured; the claims of creditors were strictly investigated and only those who clearly proved their right before a competent court were entitled to take part in the proceedings. The bankrupt was released from his obligations, but only after strict inquiries into his conduct and under the exercise of judicial discretion. The accounts of assignees were also strictly investigated, and the costs of solicitors and other agents were taxed by officers of the court. But the system was found to be cumbrous, to lead to delay and too often to the absorption of a large part of the estate in costs, over the incurring of which there was a very ineffective control. Hence arose a demand for larger powers on the part of creditors, and the introduction into the bankruptcy procedure of the system of "arrangements" between the debtor and his creditors, either for the payment of a composition, or for the liquidation of the estate _free from the control of the court_. [Sidenote: Acts of 1825, 1831, 1842, 1849.] At first these arrangements were carefully guarded. Under the act of 1825 a proposal for payment of a composition might be adopted only after the debtor had passed his examination in court, and with the consent of nine-tenths in number and value of his creditors assembled at a meeting. Upon such adoption the bankruptcy proceedings were superseded. Dissenting creditors, however, were not bound by the resolution, but could still take action against the debtor's subsequently-acquired property. These powers were not found to be sufficiently elastic and the act failed to give public satisfaction. Attempts were made by the acts of 1831 and 1842 to remedy the defects complained of by a reconstitution of the bankruptcy court and its official system. But these measures also failed because they were based on the assumption that judicial bodies could exercise effective control over administrative [v.03 p.0322] action, a control for which they are naturally unsuited, and which they could only carry out by cumbrous and expensive methods of procedure. Under the act of 1849 a totally new principle was introduced by the provision that a deed of arrangement executed by six-sevenths in number and value of the creditors for £10 and upwards should be binding upon _all_ the creditors without any proceedings in or supervision by the court. But the determination of the question who were or were not creditors was practically left to the debtor himself, without any opportunity for testing by independent investigation the claims of those who signed the deed to control the administration of the estate. It is not difficult to see, in the light of subsequent experience, how likely this provision was to encourage fraudulent arrangements, and to introduce laxity in the administration of debtors' estates. A modification of the too stringent conditions of the act of 1825, which would have enabled a bankrupt to pay a composition on his debts, with the consent of a large proportion of his bona-fide creditors, and subject to the approval of the court, after hearing the objections of dissenting creditors, would doubtless have proved a beneficial reform, but the act of 1849 proceeded on a very different principle. Instead of reforming, it practically abolished judicial control. By avoiding Scylla it fell into Charybdis. To give _any_ majority of creditors the power to release a debtor from his obligations to non-assenting creditors without full disclosure of his affairs, and without any exercise of judicial discretion or any investigation into the causes of the failure, or the conduct of the debtor, would in any circumstances have been to introduce a new and mischievous principle into legislation, for it would necessarily destroy the essential feature of such arrangements, that they are _voluntary_ contracts, the responsibility for which lies solely with the parties entering into them. But to give such a power to creditors whose claims were subject to no independent investigation was to invite inevitable confusion and failure.

[Sidenote: 1861.]

Yet this was the dominating principle of English bankruptcy legislation for nearly thirty-five years. Its effect under the act of 1849 was, however, to some extent modified by subsequent decisions of the courts that to make a composition arrangement binding it must be accompanied by a complete _cessio bonorum_; but this qualification was removed by the act of 1861 which made such arrangements binding without a _cessio_ and reduced the majority required to make a deed of arrangement binding on all the creditors, to a majority in number and three-fourths in value of those whose claims amounted to £10 and upwards. The result was an enormous increase in fraudulent arrangements. The then attorney-general, Sir Robert Collier, in introducing an amending act in 1869, described the abuses which had grown up under the 1849 and 1861 acts, as having the effect of enabling a bankrupt to "defraud those to whom he was indebted and to set them at defiance"; while Lord Cairns, the lord chancellor, in the House of Lords expressed the opinion that the large increase which had taken place in the annual insolvency of the country during the preceding years could not "be attributed to depression of trade but must be traced to the enormous facilities which are given to debtors who wish to be released from their debts on easy terms." And yet in the legislation which ensued these facts were entirely ignored or lost sight of.

[Sidenote: 1869.]

It is indeed a curious illustration of the difficulties which have attended bankruptcy legislation in England that the very measure (the act of 1869) which was introduced to remedy this deplorable condition of affairs, was twelve years afterwards denounced in parliament by the president of the Board of Trade (Mr Joseph Chamberlain) as "the most unsatisfactory and most unfortunate of the many attempts which had been made to deal with the subject" and as "the object of the almost unanimous condemnation of all classes." How was this? Under the act of 1869, the procedure under a bankruptcy petition was certainly rendered effective. Meetings of creditors were presided over and creditors' claims were, for voting purposes, adjudicated upon by the registrar of the court; the bankrupt had to pass a public examination in court, which although chiefly left to the trustee appointed by the creditors, afforded some opportunity for investigation; and the bankrupt could not obtain his discharge without the approval of the court and in certain circumstances the consent of the creditors. An independent official, the comptroller in bankruptcy, was appointed, whose duty it was to examine the accounts of trustees, call them to account for any misfeasance, neglect or omission, and refer the matter to the court for the exercise of disciplinary powers where necessary. These provisions were well calculated to promote sound administration, but they were, unfortunately, rendered nugatory by provisions relating to what were practically private arrangements on similar lines to those which had rendered previous legislation ineffective. In some respects the evil was aggravated. Deeds of arrangements were nominally abolished, but under sections 125 and 126 of the act a debtor was empowered to present a petition to the court for liquidation of his affairs by "arrangement," or for payment of a composition, whereupon a meeting of creditors was summoned from a list furnished by the debtor, and without any judicial investigation of claims, a majority in number and three-fourths in value of those who lodged proofs of debt, and who were present in person or by proxy at the meeting, might by resolution agree to liquidation by arrangement or to the acceptance of the composition. Such resolution thereupon became binding upon all the creditors, without any act of approval by the court, any judicial examination of the debtor, or any official supervision over the trustee's accounts. The debtor was not permitted to present a bankruptcy petition against himself, and consequently his only method of procedure was that which thus removed the matter from the supervision and control of the court, and as about nine-tenths of all the proceedings under the act of 1869 were initiated by debtors, it followed that only about one-tenth was submitted to proper investigation. It is true that the creditors might refuse to assent to the debtor's proposal, and that any creditor for £50 or upwards could present a petition in bankruptcy, but even where this course was adopted, the proceedings under the petition were, as a rule, stayed by the court if the debtor subsequently presented a proposal for liquidation or composition, and the creditor was left to pay the expenses of his petition if the requisite majority voted for the debtor's proposal. So far, therefore, as the act was concerned, every inducement was held out to the adoption of a course which took the examination of the debtor, the conditions of his discharge and the audit of the trustee's accounts, out of the control of the court.

[Sidenote: Causes of failures of Acts.]

The establishment of a bankruptcy court, with its searching powers of investigation and its power of enforcing penalties on misconduct, can only be defended on the ground that the administration of justice is a matter affecting the interests of the community at large. But apart from the injury done to these interests by reducing the administration of justice to a question of barter and arrangement between the individuals immediately concerned, one of the chief reasons why the acts of 1849, 1861 and 1869 proved failures, lies in the obvious fact that the creditors of a

## particular estate are not, as appears to have been assumed, a homogeneous

or organized body capable of acting together in the administration of a bankrupt estate. In the case of a few special and highly organized trades it may be otherwise, but in the great majority of cases the creditors have but little knowledge of each other or means of organized action, while they have neither the time nor the inclination to investigate the complicated questions which frequently arise, and which are therefore left in the hands of professional trustees or legal agents. But the appointment of trustees under these acts, instead of being the spontaneous act of the creditors, was frequently due to touting on the part of such agents themselves, or to individual creditors whose interests were not always identical with those of the general body. According to G. Y. Robson, the author of a standard work on the subject, the arbitrary powers conferred by the act of 1861 "led to great abuses, and in many cases creditors were forced to accept a composition, the approval of which had been obtained by a secret understanding between the debtor and favoured creditors, and not unfrequently by the creation of fictitious debts." These evils [v.03 p.0323] were greatly aggravated by the decisions of the court relating to proofs on bills of exchange, under which it was held that the holder of a current bill could prove on the bankrupt estate of an indorser, although the bill was not yet due, and the acceptor was perfectly solvent and able to meet it at maturity. Thus in large mercantile failures, bankers and other holders of first-class bills could prove and vote on the estates of their customers, for whom the bills had been discounted, and thus control the entire proceedings, although they had no ultimate interest in the estate. But probably the greatest source of the abuses which arose under the act of 1869 was the proxy system established by the act and by the rules which were subsequently made to carry it out. The introduction of proxies was no doubt intended to give absent creditors an opportunity of expressing their opinions upon any question which might arise. But the system was too often used for the purpose of stifling the views of those who took an independent part in the proceedings. The form of proxy prescribed by the rules contained no limitation of the powers of the proxy-holder and no impression of the opinion of the creditor. It simply appointed the person named in it as "my proxy," and these magic words gave the holder power to act in the creditor's name on all questions that might be raised at any time during the bankruptcy. Hence arose a practice of canvassing for proxies, which were readily given under the influence of plausible representations, such as the holding out of the prospect of a large composition, but which, when once obtained, could be used for any purpose whatsoever except the receipt of a dividend. Thus it frequently happened that the entire proceedings were controlled by professional proxy-holders, in whose hands these documents acquired a marketable value. They were not only used to vote for liquidation by arrangement instead of bankruptcy proceedings, but not infrequently the matter took the form of a bargain between an accountant and a solicitor, under which the former became trustee and the latter the solicitor in the liquidation, without any provision for control over expenditure or for any audit of the accounts. Even where a committee of inspection was appointed to exercise functions of control and audit, they too were often appointed by the proxy-holders, and not infrequently shared in the benefits. On the other hand, where the amount of debts represented by the proxy-holder was insufficient to carry the appointment of a trustee and committee, the votes could be sold to swell the chances of some other candidate. Hence ensued a system of trafficking in these instruments, the cost of which had in the long run to come out of the estate. The result was that undesirable persons were too frequently appointed, whose main object was to extract from the estate as much as possible in the shape of costs of administration. The debtor was practically powerless to prevent this result. If he attempted to do so he sometimes became a target for the exercise of revenge. His discharge, which under liquidation by arrangement was entirely a matter for the creditors, might be refused indefinitely; and so largely and harshly was this power exercised under the proxy system, especially where it was supposed that the debtor had friends who could be induced to come to his aid, that a special act of parliament was passed in 1887, authorizing the court to deal with cases where, under the act of 1869, a debtor had not been able to obtain a release from his creditors. On the other hand, the complaisant debtor, although he had incurred large obligations in the most reckless manner, often succeeded in stifling investigation and obtaining his release without difficulty as a return for his aid in carrying out the arrangement.

The result of such a system could not be other than a failure. After the act of 1869 had been in operation for ten years, the comptroller in bankruptcy reported that out of 13,000 annual failures in England and Wales, there were only 1000 cases (or about 8%) "to which the more important provisions of the act for preventing abuses by insolvent debtors and professional agents applied; the other 12,000 cases (or 92%) escaping the provisions which refer to the examination and discharge of bankrupts, and to the accounts, charges and conduct of the agents employed." It is not to be supposed that all the cases in the latter class were marked by the abuses which have been here described. In a large number the proceedings were conducted by agents of high character and standing, and with a due regard to the interests of the creditors. But the facilities for fraudulent and collusive arrangements afforded by the act, and the want of effective control over administration, inevitably tended to lower the morale of the latter, and to throw it into the hands of the less scrupulous members of the profession. The demand for reform, therefore, came from all classes of the business community. No fewer than thirteen bills dealing with the subject were introduced into the House of Commons during the ten years succeeding 1869. At length in 1879 a memorial, which was authoritatively described as "one of the most influential memorials ever presented to any government," was forwarded to the prime minister by a large body of bankers and merchants in the city of London. The matter was then referred to the president of the Board of Trade (Mr Chamberlain), who made exhaustive inquiries, and in 1881 introduced a measure which, with some amendments, finally became law under the title of the Bankruptcy Act 1883.

[Sidenote: Act of 1883.]

Hitherto the question had been dealt with as one of legal procedure; it was now treated as an act of commercial legislation, the main object of which, while providing by carefully framed regulations for the equitable distribution of a debtor's assets, was to promote and enforce the principles of commercial morality in the general interests of the trading community. One of the chief features of the act of 1883 is the separation which it has effected between the judicial and the administrative functions which had previously been exercised by the court, and the transfer of the latter to the Board of Trade as a public department of the state directly responsible to parliament. Under the powers conferred by the act a new department was subsequently created under the title of the bankruptcy department of the Board of Trade, with an officer at its head called the inspector-general in bankruptcy. This department exercises, under the direction of the Board of Trade, a general supervision over all the administrative work arising under the act. It has extensive powers of control over the appointment of trustees, and conducts an audit of their accounts; and it may, subject to appeal to the court, remove them from office for misconduct, neglect or unfitness. A report upon the proceedings under the act is annually presented to parliament by the Board of Trade, and although the department is practically self-supporting, a nominal vote is each year placed upon the public estimates, thus bringing the administration under direct parliamentary criticism and control. The act also provides for the appointment and removal by the Board of Trade of a body of officers entitled official receivers, with certain prescribed duties having relation both to the conduct of bankrupts and to administration of their estates, including the interim management of the latter until the creditors can be consulted. These officers act in their respective districts under the general authority and directions of the Board of Trade, being also clothed with the status of officers of the courts to which they are attached. While effecting this supervision and control by a public department directly responsible to parliament, the main objects of the measure were to secure--(1) An independent and public investigation of the debtor's conduct; (2) The punishment of commercial misconduct and fraud in the interests of public morality; (3) The summary and inexpensive administration of small estates where the assets do not exceed £300 by the official receiver, unless a majority in number and three-fourths in value of the creditors voting resolve to appoint a trustee; (4) Full control in other cases by a majority in value, over the appointment of a trustee and a committee of inspection; (5) Strict investigation of proofs of debt, with regulations as to proxies and votes of creditors; (6) An independent audit and general supervision of the proceedings and control of the funds in all cases. Besides amending and consolidating previous bankruptcy legislation, the measure also contains special provisions for the administration under bankruptcy law of the estates of persons dying insolvent (§ 125); and for enabling county courts to make administration orders for payment by instalments in lieu of immediate committal to prison, in the case of judgment debtors whose total indebtedness does [v.03 p.0324] not exceed £50 (§ 122). It also provides for the getting in and administration by the Board of Trade of unclaimed dividends and undistributed balances on estates wound up under previous bankruptcy acts (§ 162). Lastly, it amends the procedure under the Debtors Act of 1869, dealing with criminal offences committed by bankrupts (which, prior to 1869, had been treated as part of the bankruptcy law), by enacting that when the court orders a prosecution of any person for an offence under that act, it shall be the duty of the director of public prosecutions to institute and carry on the prosecution.

[Sidenote: Act of 1890.]

An amending act, under the title of the Bankruptcy Act 1890 was passed in that year, mainly with the view of supplementing and strengthening some of the provisions of the act of 1883, more particularly with regard to the conditions under which a bankrupt should be discharged or schemes of arrangement or composition be approved by the court. It also dealt with a variety of matters of detail which experience had shown to require amendment, with the view of more fully carrying out the intentions of the legislature as embodied in the principal act. These two acts are to be construed as one and may be cited collectively as the Bankruptcy Acts 1883 and 1890. They are further supplemented by a large body of general rules made by the lord chancellor with the concurrence of the president of the Board of Trade, which may be added to, revoked or altered from time to time by the same authority. These rules are laid before parliament and have the force of law.

[Sidenote: Special Acts.]

Besides these general acts, various measures dealing with special interests connected with bankruptcy procedure have from time to time been passed since 1883, the chief of which are as follows, _viz_., the Bankruptcy Appeals (County Courts) Act 1884; the Preferential Payments in Bankruptcy

## Act 1888, regulating the priority of the claims of workmen and clerks, &c.

for wages and salaries; and the Bankruptcy (Discharge and Closure) Act 1887, dealing with unclosed bankruptcies under previous acts.

[Sidenote: Inquiry of 1906.]

It would be out of place in this article to attempt to answer the question how far later legislation has solved the difficult problems which prior to 1883 were found so intractable, but it may be mentioned that in 1906 the Board of Trade appointed a committee to inquire into and report upon the effect of the provisions of the laws in force at the time in the United Kingdom in relation to bankruptcy, deeds of arrangement and composition by insolvent debtors with their creditors, and the prevention and punishment of frauds by debtors on their creditors, and any points and matters upon which the existing laws seemed to require amendment. The committee received a vast amount of evidence as well as documents and memoranda from chambers of commerce, trade protection societies and influential public bodies. The scope of the inquiry was not limited to English law and procedure, but also embraced that of Germany, France, Australia, Scotland and Ireland. The report of the committee was issued in 1908 (Cd. 4068), and reference may be made to it for much valuable information. The committee reported that the result of their inquiry did not disclose any dissatisfaction on the part of the commercial community with the main features of the existing law and procedure. But there were certain special incidents of the law and branches of its administration upon which the committee made recommendations. One was the prosecution and punishment of debtors who had committed fraud on their creditors or caused loss to them by improper and reckless trading. The existing procedure was complained of as being dilatory, cumbersome and expensive, and the committee were of an opinion that where a debtor had committed an offence for which he could and ought to be prosecuted, prosecution and conviction, with adequate punishment, ought to follow speedily and decisively, and the chief recommendation of the committee was that, while the existing procedure should be left untouched, offences ought also to be punishable on summary conviction before magistrates and justices, and the provisions of the Summary Jurisdiction Acts applied to them, and that where an order for a prosecution is made on an application by the official receiver of a bankruptcy court and based on his report, that court should have power to order the official receiver to conduct the prosecution before the court of summary jurisdiction. The committee also reported that numerous delinquencies by insolvent debtors in the conduct of their affairs, or which had contributed to the losses sustained by their creditors, were not punishable or even cognizable by courts having bankruptcy jurisdiction unless or until a debtor who had a receiving order against him, or became a bankrupt, applied for an order sanctioning a composition or scheme of arrangement with his creditors, or for an order discharging him from his debts. The most prominent of these delinquencies which were brought to the notice of the committee were--failure by a debtor to keep any books or any proper or adequate books of account in his business; trading with knowledge of insolvency; gambling and speculation leading to, or contributing to, the debtor's insolvency or bankruptcy; failure properly to account for any substantial deficiency of assets. The committee received a large body of evidence in favour of making delinquencies such as have been described punishable by imprisonment. Evidence was also given as to the laws in force in Germany, France and Scotland, from which it appeared that such delinquencies, especially that of keeping no books of account, can be severely dealt with as criminal offences.

After carefully weighing the evidence on both sides the committee recommended that the failure or omission by a debtor who becomes bankrupt to have kept any books of account, or proper books of account, within two years next preceding his bankruptcy, in a trade or business carried on by him, if without excuse, should be made by law an offence punishable on summary conviction by imprisonment, subject to four important limitations, namely, that the law should define what books of account a person carrying on a trade or business must keep, following in this respect the law in force in France and Germany; that failure or omission by a debtor to have kept the required books should only be punishable in the event of a debtor becoming bankrupt and of the liquidated debts proved in the bankruptcy exceeding £200 in amount; that no prosecution of a debtor for failure or omission to keep books of account should take place before the lapse of two years from the passing of the law; that a debtor should not be punished if he could show that his failure or omission to keep proper books was honest and excusable and did not contribute to his insolvency, and that no prosecution should be instituted for the offence except by order of the bankruptcy court. The committee made recommendations of much the same character with regard to punishing some of the other delinquencies mentioned above. There were also recommendations by the committee as to trading by undischarged bankrupts, as to the realization of estate on bankruptcy, as to the operation of the law of relation back of a bankruptcy trustee's title, as to the law relating to the after-acquired property of an undischarged bankrupt, and dealings with such property, and with respect to married women and their liabilities under bankruptcy law. The committee also reported on the law and practice relating to voluntary deeds of arrangement between a debtor and his creditors and on the compulsory regulation of assignments of book debts, and of agreements for the hire and purchase of chattels.

[Sidenote: Results of legislation.]

In addition to this report the annual reports of the Board of Trade, which are accompanied by elaborate tables of statistics, and by copious illustrations both of the working of the system and of the characteristic features and causes of current insolvency, are published as parliamentary papers, and may be usefully consulted by those interested in the subject. It appears from these reports that the total number of insolvencies dealt with under the bankruptcy acts during the ten years ending 31st December 1905, was 43,141, involving estimated liabilities amounting to £61,685,678, and estimated assets amounting to £26,001,417. It may also be pointed out that according to the official figures, the cost of bankruptcy administration under the present system has very considerably decreased as compared with that under the act of 1869. Estates are also closed at much shorter intervals, and, what is more important from a public point of view, it appears [v.03 p.0325] that while the estimated liabilities of bankrupt estates during the ten years ending 1883 amounted on an average to £22,380,000 per annum, the estimated liabilities during the ten years ending 1905 only averaged £6,168,567 per annum. But during the latter period there was an annual average of 3426 private arrangements involving a further estimated annual liability of £4,166,354 entered into outside of the Bankruptcy Acts by insolvent debtors. There are no means of ascertaining the corresponding amount of liabilities on private arrangements outside of the Bankruptcy Acts prior to 1883, and therefore a complete comparison is impossible; but it is evident that on any method of computation there has been a very great diminution in the trading insolvency of England and Wales, while it is also clear as a matter of general knowledge in commercial circles, that a great decrease in the proportion of fraudulent trade and reckless speculation has been a marked feature of private trading during the period in question.

The cost of bankruptcy administration is provided for: (1) by fees charged to bankrupt estates, (2) by interest on balances at the credit of such estates with the bankruptcy estates account, and (3) by interest on unclaimed funds at the credit of estates under former Bankruptcy Acts.

Out of this are paid the salaries of all the officers of the department, including the official receivers; the remuneration due in respect of bankruptcy services to the county court registrars; pensions, &c., payable to retired officers under the present and previous Bankruptcy Acts; cost of bankruptcy prosecutions; and rents, stationery, travelling and other incidental expenses. The system is self-supporting and involves no charge upon the tax-payers of the country. It has been objected that inasmuch as the act professes to be based on the principle of enforcing commercial morality in the interests of the general community, the cost of administering it should not be charged entirely to the bankruptcy estates concerned. But when it is considered that a large part of the revenue of the department is derived from funds to which estates administered under the present act have contributed nothing, this objection does not appear to be well founded.

[Sidenote: Summary of procedure.]

For the convenience of readers who may require more detailed information, the accompanying summary of some of the more important provisions of the law relating to bankruptcy procedure is submitted. It must be borne in mind, however, that the subject is in some of its branches extremely intricate, and that both the law and the procedure are being constantly affected by a considerable body of judicial interpretation, while the acts also contain detailed provisions with regard to many questions incident to the administration of bankruptcy. A reference to the latest textbooks or competent professional advice will always be advisable for those who have the misfortune to be practically interested either as debtors or as creditors in bankruptcy proceedings.

[Sidenote: Deeds of arrangement.]

The Deeds of Arrangement Act 1887, although not falling strictly within the scope of the bankruptcy law, may also, in consequence of its important bearing upon the question of insolvency in England and Wales, be here noticed. It has been pointed out that, under the Bankruptcy Acts of 1849 and 1861, non-official arrangements by deed between a debtor and the general body of his creditors were not only officially recognized, but were in certain circumstances made binding on all the creditors, including those who refused to assent to them. Under the act of 1869, although such deeds were no longer recognized or made binding on non-assenting creditors, the proceedings under the "liquidation by arrangement" and "composition" clauses were practically private arrangements by resolution instead of deed, and were proved by experience to be open to the same abuses. It has also been shown that under the act of 1883 no arrangements either by deed or by resolution have any force against dissenting creditors, unless confirmed after full investigation and approval of the bankruptcy courts. Private arrangements, therefore, cease to form any part of the bankruptcy system. But they are, nevertheless, binding as voluntary contracts between the debtor and such creditors as assent to them. Being, however, in the nature of assignments of the debtor's property, they are either deemed fraudulent if the benefit of the assignment is limited to a portion of the creditors, or, if it is extended to all they become acts of bankruptcy, and, like any other voluntary assignment, are liable to be invalidated if made within three months prior to the petition on which a receiving order is made against the debtor. Treated as voluntary assignments, which are not binding on those who do not assent to them, such arrangements, where honestly entered into and carried out by capable administration, in many cases form a useful and expeditious method of liquidating a debtor's affairs, and where the debtor's insolvency has been brought about without any gross misconduct they will probably always be largely resorted to. The danger attending them is that even in cases where the debtor has been guilty of misconduct, a private arrangement may be used to screen his conduct from investigation, while in many cases it may be made the medium for the concealment of fraudulent preferences. The absence of any independent audit of the trustees' accounts may also encourage or conceal irregularities in administration. Previous to 1887, however, much inconvenience arose from the fact that the execution of these private arrangements was frequently kept secret, and fresh credit was obtained by the debtor without any opportunity being afforded for the new creditors becoming acquainted with the fact that they were dealing with an insolvent person, and that in many cases they were simply supplying the means for meeting past obligations in respect of which the debtor had already committed default. The Deeds of Arrangement Act 1887 was therefore passed to compel the disclosure of such arrangements, by declaring them void unless registered within seven days after the first execution by the debtor or by any creditor. Registration is effected by lodging with the registrar of bills of sale at the central office of the Supreme Court a true copy of the deed and of every inventory and schedule attached thereto, together with an affidavit by the debtor, stating the total estimated amount of property and liabilities, the total amount of composition, if any, and the names and addresses of the creditors. Where the debtor's residence or place of business is outside the London bankruptcy district, the registrar is required to forward a copy of the deed to the registrar of the county court of the district where the debtor's residence or place of business is situated. Both the central and the local registers are open to public inspection on payment of a small fee and general publicity is secured by the action of various trade agencies, which make a practice of extracting and publishing the information for the benefit of those interested. By section 25 of the Bankruptcy Act 1890, every trustee under a deed of arrangement is required to transmit to the Board of Trade within thirty days of the 1st of January in each year an account of his receipts and payments and such accounts are open to the inspection of any creditor on payment of a small fee. They are not, however, subject to any kind of audit or control by the department. The registrar is also required to make periodical returns of the deeds thus registered to the Board of Trade, in order that a report of proceedings under the Deeds of Arrangement Act may be included in the annual report which the department is required to make on proceedings under the Bankruptcy Acts. Full statistics of such proceedings are accordingly included in these reports, from which it appears that during the ten years ended 31st December 1905 the total number of registered deeds of arrangement was 34,273, with estimated liabilities amounting to £41,663,541, and estimated assets to £23,020,483.

_Summary of Bankruptcy Procedure._--Subject to certain special provisions in the case of what are termed "small bankruptcies" (see below), the following summary sets forth some of the more important provisions of the various acts and rules relating to bankruptcy administration grouped under convenient heads to facilitate reference. In some cases the effect of legal decisions has been embodied in the summary.

_Preliminary Proceedings._

_Petition and Receiving Order._--Any court exercising bankruptcy jurisdiction in the district in which he resides or carries on business [v.03 p.0326] in England or Wales may make a receiving order against a debtor, whether a trader or not, either on his own petition or on that of a creditor or creditors whose claims aggregate not less than £50. In the case of a creditor's petition proof must be given of the debt, and of the commission of an act of bankruptcy within three months preceding the date of the petition. An act of bankruptcy is committed if the debtor fails to satisfy the creditor's claim upon a bankruptcy notice; if he makes an assignment for the benefit of his creditors generally; if he absconds or keeps house; if he gives notice of suspension of payments; if his goods are sold or seized under execution; if he files in court a declaration of inability to pay his debts; or if he grants a fraudulent preference or conveyance. These acts are here enumerated in the order in which they most frequently occur in practice.

_Object and Effect of Receiving Order_.--The object of the order is to protect the debtor's property until the first meeting of creditors, and to bring the debtor and his affairs within the jurisdiction of the court. Its effect is to stay all separate action against the debtor, and to constitute the official receiver attached to the court receiver of the debtor's property, although the legal title still remains in the debtor. Where there is an estate or business to be managed the official receiver may appoint a special manager, who receives such remuneration as the creditors, or failing them the Board of Trade, may determine. As a consequence of the order the following obligations are imposed upon the debtor:--He must make out and submit to the official receiver within a prescribed period a statement of his affairs, containing the names and addresses of his creditors, the amount of their claims and the securities held by them, and the nature and value of his assets; and accounting for his deficiency. Any material omission or false statement of his losses or expenses is a misdemeanour under the Debtors Act, unless he can prove that he had no intention to defraud. The statement is open to the inspection of creditors. He must also in every case submit to a public examination in court, in which the official receiver, the trustee and any creditor who has proved his debt may take part. His evidence may be used against him. He may further be specially examined by the court at any time with reference to his dealings or property. He must attend the first meeting of creditors, wait upon the official receiver, trustee and special manager, and give all necessary information, and generally do all acts which may reasonably be required of him with the view of securing a full investigation of his affairs. He may be arrested if there is reasonable ground for believing that he is about to abscond, destroy papers or remove goods, or if he fails without good cause to attend any examination ordered by the court. The court may also for a period of three months order his letters to be re-addressed by the post-office to the official receiver or trustee. With regard to persons other than the debtor, any person capable of giving information respecting the debtor, his dealings or property, may be examined by the court, and a summary order may be made against such person for delivery of any property belonging to the debtor.

_First Meeting of Creditors._

This meeting is summoned by the official receiver, notice being given in the _London Gazette_ and in a local paper, and sent by post to each creditor. A summary of the statement of affairs should accompany the notice, with any observations by the official receiver which he may think fit to make. The object of the meeting is to decide whether any proposal for payment of a composition or for a scheme of arrangement submitted by the debtor is to be entertained, or whether an application should be made to the court to adjudicate the debtor bankrupt. In the latter case the meeting may by an ordinary resolution appoint a trustee with or without a committee of inspection. It may also give any directions as to the administration of the estate. The meeting should be held at the place most convenient for the majority of the creditors. It is presided over by the official receiver or his deputy, who, subject to appeal to the court, admits or rejects proofs for the purpose of voting. For the transaction of business three creditors qualified to vote, or all the creditors if fewer than three, must be present or represented. Only persons who have proved their debts are entitled to vote, and detailed regulations respecting proofs and the valuation of securities are laid down in the first and second schedules to the act of 1883. One of the chief alterations in the law on this point is the condition imposed on creditors on bills of exchange to deduct from their claims the value of the liability of prior obligants before voting, thus cancelling the power of controlling the proceedings previously possessed by persons who had no real interest in the estate. Votes may be given in person or by proxy, and stringent regulations are laid down with the view of preventing the abuse of proxies. General proxies entitling the holder to exercise all the powers which the creditor could exercise if present may be given to the official receiver or to any person in the regular employment of the creditor. Special proxies may be given to any person to vote for specified resolutions, or for the appointment of specified persons as trustee and committee. Only official forms can be used, and the blanks must be filled up in the handwriting of the creditor or some person in his regular employment, including the authorized agent of a creditor resident abroad. A proxy must be lodged with the official receiver not later than four o'clock on the day before the meeting or adjourned meeting at which it is to be used. Resolutions are ordinary, special or extraordinary. An ordinary resolution is carried by a majority in value of the creditors voting; a special resolution by a majority in number and three-fourths in value of such creditors. The only instance of a resolution other than these is that required for the approval of a composition or scheme which requires a majority in number and three-fourths in value of all the creditors who have proved. The majority of questions arising at a meeting are decided by an ordinary resolution.

_Adjudication._

If the creditors so resolve, or if a composition or scheme of arrangement is not proposed by the debtor or entertained by the creditors, or if entertained is not approved by the court, or if without reasonable excuse the debtor fails to furnish a proper statement of his affairs, or if his public examination is adjourned _sine die_, the court adjudicates the debtor bankrupt and thereupon his property vests in a trustee, and, subject to the payment of the costs and fees of administration, is divisible among his creditors until all his debts are paid in full with interest at the rate of 4% per annum.

_Effect on Bankrupt_.--The bankrupt is bound to aid the trustee in his administration, and if he wilfully fails to deliver up any part of his property he is guilty of contempt of court. He is also liable to criminal prosecution under the Debtors Act if with intent to defraud he conceals or removes property to the value of £10 or upwards; or if he fails to deliver to the trustee all his property, books, documents, &c.; or if he knowingly permits false debts to be proved on his estate without disclosure; or mutilates, falsifies, destroys or parts with books or accounts; or attempts to account for his property by fictitious losses; or if within four months next before presentation of a bankruptcy petition, he obtains property on credit by false representation; or pledges or disposes of, otherwise than in the ordinary way of his trade, any property which has not been paid for; or by misrepresentation obtains the assent of his creditors to any agreement with reference to his affairs. He is also under the act of 1883, guilty of misdemeanour if before his discharge he obtains credit for more than £20 from any person without informing such person that he is an undischarged bankrupt. It is the duty of the official receiver to report any such facts to the court, and if the court is satisfied that there is a reasonable probability of conviction, it is required to order a prosecution which is then conducted by the director of public prosecutions.

_Disqualifications_.--A bankrupt cannot during his bankruptcy or until five years after his discharge, unless the bankruptcy is annulled or he obtains his discharge with a certificate by the court that the bankruptcy was caused by misfortune without misconduct, act as a member of the legislature, or as a justice of the peace, mayor, alderman, councillor, guardian or overseer of the poor, member of a sanitary authority, school, highway or burial board, or select vestry in any part of the United Kingdom.

_Annulment_.--An order of adjudication may be annulled if the court is of opinion that it should not have been made, or that the bankrupt's debts are paid in full, or if a composition or scheme of arrangement is approved by the court after adjudication.

_Discharge_.--The court may also at any time after the conclusion of the bankrupt's public examination, and after hearing the official receiver, the trustee and any creditor, to all of whom previous notice of the application must be given, grant the bankrupt a discharge either absolutely or under conditions, but subject to the following qualifications, viz.:--(1) If the bankrupt has committed a criminal offence connected with the bankruptcy, the application must be refused unless for special reasons the court determines otherwise. (2) If the assets are not equal in value to ten shillings in the pound of the unsecured liabilities (unless the bankrupt can show that he is not responsible); or if proper books have not been kept; or if the bankrupt has traded after knowledge of insolvency; or has contracted debts without reasonable probability of payment; or failed to account for his deficiency; or contributed to the bankruptcy by rash speculation, gambling, culpable neglect or by unjustifiable expenses; or has taken or defended legal proceedings on frivolous grounds; or has within three months preceding the receiving order given an undue preference; or has increased his liabilities with the view of making his assets equal to ten shillings in the pound; or has previously been bankrupt or made an arrangement with creditors; or has been guilty of any fraud or fraudulent breach of trust; then the court shall, on proof of any of these facts, either (a) refuse the discharge, or (b) suspend it for a period of not less than two years, or until a dividend of not less than ten shillings in the pound has been paid; or (c) qualify the order by the condition that judgment is entered up against the bankrupt for payment of any unpaid balance of his debts, or of part of such balance out of his future earnings or property. The bankrupt may, however, after two years apply to the court to modify the conditions if he is unable to comply with them. An order of discharge releases the debtor from all his obligations except debts due to the crown, and other obligations of a public character which can only be discharged with the consent of the Treasury, debts incurred by fraud, and judgment debts in an action for seduction or as a co-respondent in a matrimonial suit or under an affiliation order, which are only released to such extent and subject to such conditions as the court may expressly order. The release of the bankrupt does not operate as a release [v.03 p.0327] of any partner or co-obligant with him. Neither does it release the bankrupt from liability to criminal prosecution.

_Composition or Scheme of Arrangement._

After a receiving order has been made the debtor may submit a proposal for the payment of a composition, or for the liquidation of his affairs, by a trustee or otherwise, without adjudication. The proposal must be lodged with the official receiver in sufficient time to allow notice, together with a report by that officer, to be sent to the creditors before the meeting is held at which it is to be considered. If the proposal is entertained at the meeting by a majority in number and three-fourths in value of all the creditors who have proved their debts, and if it is thereafter approved by the court, it becomes binding upon all creditors who would be bound by an order of discharge had the debtor been adjudicated bankrupt. A similar proposal may be made after adjudication, and if entertained by the creditors and approved by the court, the adjudication may be annulled. The debtor's release will be subject to the terms of the scheme, but his future acquired property will not pass to the creditors unless there is an express stipulation to that effect. If default is made in carrying out the scheme, or if it is found that it cannot proceed without injustice or undue delay, the court may at any time adjudicate the debtor bankrupt, in which case the scheme will fall to the ground, except in respect of past transactions under it. The approval of a composition or scheme does not release the debtor from his liabilities under the criminal law, nor from the necessity of undergoing a public examination which must, in fact, be held and concluded before the approval of the court is applied for. Also before such approval is given a report must be filed by the official receiver upon its terms and on the conduct of the debtor, and the court must be satisfied after hearing that officer and any creditor, that the proposal is reasonable and calculated to benefit the creditors, and that no criminal offences connected with the bankruptcy have been committed by the debtor. Further, if any fact is proved which would have prevented the debtor from obtaining an absolute or unconditional order of discharge had he been adjudged bankrupt, the composition or scheme cannot be approved unless it provides reasonable security for the payment of not less than seven shillings and sixpence in the pound on all the unsecured debts. Where a trustee is appointed to carry out the composition or scheme, all the provisions of the act with reference to the remuneration of the trustee, the custody of funds, the audit of his accounts and the control exercised by the Board of Trade apply in the same manner as they would under an adjudication. Further, the provisions relating to the administration of property, proof of debts, dividends, &c., will also apply, so far as the nature of the case and the terms of the arrangement admit.

_Property divisible among the Creditors._

No part of the law of bankruptcy is more intricate, or has been the subject of more litigation than this, and any detailed view of the effect of legal decisions can only be gathered by a perusal of the cases; but the following general principles may be stated:--The term "property" includes not only property of which the bankrupt is the true owner, but property in his possession, order or disposition in his trade or business with the consent of the true owner, in such circumstances that he is the reputed owner thereof. The application of the doctrine of reputed ownership has been considerably restricted in recent years by the growth of alleged trade customs, in accordance with which property is frequently lent under a contract of "hire and purchase" or otherwise; and by the decisions of the courts that where such custom is sufficiently proved the doctrine does not apply. Further, the trustee's title not only includes property in the actual possession of the bankrupt, but relates back to the date of the first act of bankruptcy committed by him within the three months preceding the presentation of the bankruptcy petition, and thus invalidates all payments and assignments to creditors made during that period with knowledge on the part of the creditor or assignee of the commission of the act of bankruptcy. In such cases the trustee may, therefore, require the money or property to be restored to the estate. And even where no prior act of bankruptcy is proved, any payment made to a creditor with the view of giving such creditor a preference over the other creditors, within the three months preceding the presentation of the petition on which the payer is made bankrupt, is rendered void as against his trustee. Settlements of property within the two years preceding the bankruptcy, unless made before and in consideration of marriage, or made in good faith for valuable consideration, are also void, as are similar settlements within ten years, unless it is proved that the settlor was (independently of the settled property) solvent at the date of the settlement, and that the interest in the property passed to the trustees on the execution of the deed. The same rule applies to covenants to settle in consideration of marriage future-acquired property in which the debtor had no interest at the date of the marriage (other than property acquired by the bankrupt through his wife), if such property is not actually transferred before the bankruptcy. Executions by a creditor not completed at the date of the receiving order are also void, and the proceeds of an execution in the hands of the sheriff must, with certain exceptions and subject to deduction of costs, be handed over to the trustee. But all property held by the bankrupt on trust, and tools of trade, wearing apparel and bedding to a total value not exceeding £20, are excluded from the property divisible among the creditors. With respect to property acquired by the bankrupt, whether by gift or legacy, or consisting of accumulations of business or other profits after the commencement of the bankruptcy, and before he obtains his discharge, the trustee's title also prevails; but bona-fide transactions by the debtor for value, other than transactions relating to freehold property, appear to be valid. Where the bankrupt is a beneficed clergyman the trustee may, subject to certain provisions for the due discharge of the duties of the office, apply for the sequestration of the profits of the benefice; and where he is in receipt of a salary, income or pension, &c., the court may order any part thereof to be paid to the trustee, but where he is an officer of the army, navy or civil service, such order is only to be made with the consent of the chief of the department concerned.

_Claims of Creditors and Dividends._

In the distribution of the debtor's property certain claims are entitled to priority over others. Thus the landlord, although not entitled to a preference out of the funds in the hands of the trustee, can distrain for unpaid rent on the goods and effects of the debtor remaining on the landlord's premises, but where the distraint is levied after the commencement of the bankruptcy this right is limited by the act of 1890 to six months' rent due before adjudication, the remainder of his claim ranking for dividend with the claims of other creditors. Various gas and water companies have also statutory powers of distraint under special acts, but the policy of recent legislation has been to discourage any extension of such privileges. Where the bankrupt holds an office of trust in any savings bank or friendly society, any balance in his hands due to such bank or society has been held under the acts relating to these bodies to be payable in preference to any other claim against the estate. Other preferential claims are regulated by the Bankruptcy Acts and by the Preferential Payments in Bankruptcy Act of 1888, and include taxes, parochial and other local rates for not more than one year, wages and salaries for four months, but not exceeding £50 (limited in the case of ordinary labourers and workmen to two months' wages not exceeding £25), and agricultural labourers' claims not exceeding one year's wages, if hired by special contract for payment of a lump sum at the end of a year. These claims are entitled to preference not only over funds in the hands of the trustee, but also over the proceeds of any distraint levied by the landlord within the three months prior to the receiving order, the latter in that case becoming a preferred creditor for the amount so paid. Articled clerks and apprentices may also be allowed repayment of a proportion of the premium on their unexpired agreements. On the other hand, usual trade discounts (exceeding 5%) must be deducted from traders' proofs, and the following claims are postponed until the general creditors are paid in full, viz. claims by a married woman for loans to the husband for the purposes of his business, claims for loans advanced to any person in business at a rate of interest varying with the profits, and claims for interest in excess of 5% per annum. Subject to these exceptions all debts proved in the bankruptcy must be paid _pari passu_. Any surplus after payment of 20s. in the pound and interest at the rate of 4% per annum, from the date of the receiving order, is payable to the bankrupt.

_Proofs of Debt._--All claims and liabilities present or future, certain or contingent, arising out of obligations incurred before the date of the receiving order are provable in the bankruptcy, an estimate of the liability in the case of contingent debts being made by the trustee subject to appeal to the court. But demands in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust are not provable. A secured creditor if he proves must either surrender his security, or value the security and prove for the balance; and the trustee can thereupon, subject to the creditor's power in certain circumstances to amend the valuation, take over the security by paying the amount of the valuation, or may require it to be realized. He may be required by the creditor to elect which of these courses he will adopt, failing which the equity of redemption will vest in the creditor. For further regulations as to proofs, the time within which they must be lodged for voting and for dividend, and the manner of dealing with them, reference should be made to the first and second schedules of the act of 1883 and the rules relating thereto.

_Dividends._--After payment of costs of administration and preferential debts, it is the duty of the trustee to distribute the estate with all convenient speed,--the first dividend within four months after the first meeting of creditors, and subsequent dividends at intervals of not more than six months, but the declaration may be postponed for sufficient reason by the committee of inspection. Notice of the intention to declare a dividend is gazetted and sent to each creditor mentioned in the bankrupt's statement of affairs who has not proved. The notice should state the last day for proving in order to participate in the distribution, and should be given not more than two months before the declaration. When the dividend is declared, notice of the amount due, and of the place where the same is payable, is sent to each creditor who has proved, with a statement showing

## particulars of the estate. And provision must be made for creditors at a

distance, who have not had time to prove, for disputed claims, and for debts the subject of claims not [v.03 p.0328] yet determined. Creditors who fail to prove before the declaration of a dividend are entitled to receive their dividends on proving before any subsequent dividend is declared, but cannot disturb the distribution of any dividend already declared. Before distributing a final dividend notice is sent to every creditor whose claim has been notified to the trustee, but not finally established, with an intimation that unless so established within a specified period he will be excluded from participation in the estate. In the case of a bankrupt firm the joint creditors are not entitled to receive a dividend out of the separate property of the bankrupts until all the separate creditors are paid in full.

_Trustee's Administration._

While the interim preservation and management of the estate is conducted by or under the direct supervision of officers appointed by and responsible to the Board of Trade, the ultimate realization and distribution of the assets devolve upon the trustee appointed by the creditors. But besides acting as receiver prior to the first meeting of creditors, the official receiver also becomes trustee by operation of law on the making of an order of adjudication. He vacates the office when a trustee is appointed by the creditors, and certified by the Board of Trade, but again becomes trustee on the creditors' trustee being released, dying, resigning or being removed from office. As the bankrupt's property vests in the trustee for the time being, and passes from trustee to trustee by operation of law, and without any formal act of conveyance, the continuity of the office is thus secured.

_Appointment of Trustee._--A trustee may be appointed by a majority in value of the creditors voting, at the first or any subsequent meeting, or the appointment may be left to the committee of inspection. In either case the appointment is subject to confirmation by the Board of Trade, who may object on the ground that the creditors have not acted in good faith in the interests of the general body, or that the person appointed is not fit to act, or occupies such a position in relation to the debtor, to any creditor, or to the estate, as makes it difficult for him to act with impartiality, or that in any previous case he has been removed from office for misconduct or for failure without good cause to render his accounts for audit. An appeal from such objection to the High Court lies at the instance of a majority in value of the creditors, but in the absence of an appeal it is fatal to the appointment. Before being confirmed, the trustee-elect must also furnish security to the satisfaction of the Board of Trade, and such security must be kept up to the amount originally fixed, or to such lesser amount as that department may require throughout the tenure of the trusteeship, failing which the trustee is liable to be removed from office. Where the creditors fail to appoint a trustee, the Board of Trade may do so, but such appointment may at any time be superseded by the creditors.

_Removal._--The trustee may be removed by the creditors at a meeting summoned for the purpose without reason assigned, or by the Board of Trade for misconduct, or for incapacity or failure to perform his duties, or on either of the other personal grounds of objection to which the appointment is open. But the removal is in like manner subject to appeal at the instance of creditors. If a receiving order is made against a trustee he thereby vacates office. He may also, with the consent of a general meeting of creditors, resign, but his resignation does not operate as a release from his liability to account for his administration.

_Powers and Duties._--The trustee is required to take immediate possession of the bankrupt's property, including deeds, books and accounts, and has the powers of a receiver in the High Court for the purpose of enforcing delivery. After payment of the costs of administration it is his duty to distribute the estate in dividends as speedily as possible. He may also, and with the sanction of the committee, or, where there is none, with that of the Board of Trade, carry on the business so far as is necessary to a beneficial winding-up, institute or defend legal proceedings, employ a solicitor to do any business previously sanctioned by the same authority, compromise debts and claims, raise money on mortgage, sell property on credit, or divide the estate where practicable among the creditors in its existing form. He may, without special sanction, but subject to any directions which may be given by the creditors in general meeting, or failing them by the committee, sell the property or any part of it for cash, including business goodwill and book debts, and either by public auction or private treaty, and generally exercise all the powers which the bankrupt might before adjudication have exercised in relation to the property, or which are by the Bankruptcy Act conferred on the trustee.

Where any part of the property is held subject to onerous obligations, such as the payment of rent, &c., the trustee may disclaim the same, subject in certain cases to the leave of the court, and the disclaimer operates to determine all interest in or liability in respect of the property on the part of the estate. The trustee is required to keep a record book (which is commenced by the official receiver), containing minutes of the proceedings in the bankruptcy, and a cash book in the prescribed form, in which all receipts and payments by him must be entered. All monies received must forthwith be paid into an account at the Bank of England, entitled the "Bankruptcy Estates Account," which is under the control of the Board of Trade, unless where in special circumstances the sanction of that department is obtained to the opening of a local banking account, but in no circumstances must estate monies be paid to the trustee's private account. When monies are required for the purpose of the estate, special cheques or money orders are issued by the Board of Trade on the application of the trustee.

_Control over Trustee._--In his administration of the estate the trustee is subject to control by the committee of inspection, the creditors, the court and the Board of Trade. The committee is appointed by the creditors, and must consist of not more than five nor less than three creditors or authorized representatives of creditors. It acts by a majority present at a meeting, and should be convened once a month unless it otherwise directs. If no committee is appointed, the Board of Trade may give any direction or permission which might have been given by a committee. Directions given by the committee, if not inconsistent with the provisions of the act, are binding on the trustee, unless contrary to or overruled by those of the creditors or of the court. The official receiver or trustee may summon a meeting of the creditors at any time to ascertain their wishes, and must do so when so required by one-sixth in value of the creditors or when directed by the court. The Board of Trade may also direct the official receiver to summon a meeting for the purpose of reviewing any act done by the trustee or any resolution of the committee of inspection. Further, the trustee may apply to the court for directions in any particular matter, and the court may also, on the application of any person aggrieved reverse or modify any act of the trustee, or make such order as it deems just. The directions of the court override those of the creditors. The Board of Trade is required to take general cognizance of the conduct of trustees, to inquire into any complaints by creditors, and in the event of any trustee not faithfully performing his duties, to take such action, including the power of removal, as may be expedient. It may also direct a local investigation of the trustee's books and accounts, and may require him to answer any inquiries, or may apply to the court to examine him on oath. If any loss has arisen to the estate from any misfeasance, neglect or omission of the trustee, it may require him to make it good. The orders of the Board of Trade under the powers conferred by the act may be enforced by the court by committal of the trustee or otherwise.

_Audit of Accounts._--The trustee's accounts must be audited by the committee of inspection not less than once in every three months; and once in every six months, as well as at the close of the administration, the record and cash books must also be submitted with the vouchers, and the committee's certificate of audit to the Board of Trade for final audit. If it appears that the trustee has retained more than £50 in hand for more than ten days without a satisfactory explanation, he may be removed from office, surcharged with interest at the rate of 20% per annum and lose all claim to remuneration.

_Remuneration._--The trustee's remuneration is fixed by the creditors or by the committee if so authorized by them. It must be in the nature of a percentage on the amount of the realization and on the dividends. If one-fourth of the creditors in number or value dissent from the resolution, or if the bankrupt satisfies the Board of Trade that the remuneration is excessive, the Board may review the same and fix the remuneration. A trustee may not receive any remuneration for services rendered in any other capacity, _e.g._ as solicitor, auctioneer, &c., beyond that voted to him as trustee; nor may he share his remuneration with the bankrupt, the solicitor or other person employed about the bankruptcy; or receive from any person any gift, or other pecuniary or personal benefit in connexion therewith.

_Costs._--A trustee receiving remuneration is not allowed the costs of any other person in respect of duties which ought to be performed by himself. All bills of solicitors and other agents employed must be taxed before payment, as being in accordance with the prescribed scales of costs; and the taxing master must satisfy himself that the employment has been properly authorized before the work was done. All bills of costs must be delivered to the trustee within seven days of the request for the same, otherwise the estate may be distributed without regard to such costs.

_Release._--When the property, so far as it is capable of realization, has been realized and distributed, the trustee must apply to the Board of Trade for his release, forwarding to each creditor a notice of his having done so, together with a copy of his final accounts, and the Board of Trade, after preparing and considering a report on the same, and the objections of any person interested, may, subject to appeal to the High Court, grant or withhold the release. If a release is withheld, the court may, on the application of any person interested, make such order against the trustee as it thinks just. The release when granted operates as a removal from office, and thereupon the official receiver again becomes trustee, and is thus in a position, even after the nominal close of the bankruptcy, to deal with any circumstances which may arise, or which have not been foreseen and provided for.

_Small Bankruptcies._

When the official receiver reports, or the court is otherwise satisfied that the debtor's property is not likely to realize more than £300, the court may make an order for the summary administration of the estate, in which case, if the debtor is adjudged bankrupt, the official receiver in the ordinary course becomes and remains trustee, and certain other modifications are effected with the view of simplifying [v.03 p.0329] and accelerating the procedure. The chief of these modifications are as follows, viz. the Board of Trade acts as committee of inspection; there is no advertisement of the proceedings in a local paper; in legal proceedings all questions of law and fact are determined by the court without a jury; adjudication may be made on a report by the official receiver before the first meeting of creditors where no composition or scheme is proposed; meetings of creditors may be held in the town where the court sits or the official receiver's office is situated; notice to creditors of meetings other than the first meeting, or of application by a debtor for his discharge, are dispensed with in the case of creditors for amounts not exceeding £2. Costs, other than a solicitor's charges, may be paid without taxation; and the time for declaring the first dividend is extended to six months, but the whole estate must be realized and distributed within this period if practicable. No modification, however, is permitted in the procedure relating to the public examination and discharge of the bankrupt. Notwithstanding that an order has been made for summary administration, the creditors may at any time by a resolution passed by a majority in number and three-fourths in value of those voting at the meeting, appoint a trustee in place of the official receiver, in which case the summary order ceases to be operative.

_Scottish Bankruptcy Legislation._

In Scotland, as in England, the law of bankruptcy arose as a remedy against the frauds of insolvent debtors. It was declared by an act of the Scottish parliament (1621, c. 18) that no debtor after insolvency should fraudulently diminish the fund belonging to his creditors, and if a deed of assignment was gratuitously executed after the contracting of debt in favour of a near relation or a confidential friend, fraudulent dealing was to be presumed. The act 1696, c. 5, settled the definition of a notour or notorious bankrupt, a question which had previously engaged the attention of the judges of the court of session. The statute defines "a notour bankrupt" to be any debtor who, being under diligence by horning or caption, at the instance of his creditors, shall be either imprisoned, or retire to the abbey or any other privileged place, or flee or abscond for his personal security, or defend his person by force, and who shall afterwards be found, by sentence of the lords of session, to be insolvent. Bankruptcy as thus defined was, it is said, intended to afford a remedy against fraudulent preference by debtors, and not as the ground-work of a general process of distribution, although by later statutes it became a necessary requisite of every such process. The exceptions recognized in the act of 1696, of persons absent from Scotland and therefore not liable to imprisonment, or of persons exempted therefrom by special privileges, were removed by later legislation. The old English distinction between traders and non-traders, it will be observed, is not recognized in Scottish law. The statute made null and void all voluntary dispositions, assignations and other deeds made after or within sixty days before bankruptcy.

In 1856 was passed the Bankruptcy (Scotland) Act, by which the law of bankruptcy in Scotland is mainly regulated. By this act, notour (_i.e._ legally declared) bankruptcy was constituted:--

1. By sequestration (or adjudication in England and Ireland); and

2. By insolvency concurring either--(a) with a duly executed charge for payment or (b) with sale of effects belonging to the debtor under a poinding or under a sequestration for rent, or making application for the benefit of _cessio bonorum_.

Notour bankruptcy continues, in cases of sequestration, until the debtor has obtained his discharge and in other cases until insolvency ceases. Sequestration may be awarded of the estate of any person in the following cases:--

1. Living debtor subject to jurisdiction of Scottish courts--(a) on his own petition with concurrence of qualified creditors, or (b) on petition of qualified creditors, provided he be a notour bankrupt, and have had a dwelling-house or place of business in Scotland within the previous year.

2. In the case of a deceased debtor, subject at his death to the jurisdiction of the court--(a) on the petition of his mandatory; or (b) on the petition of qualified creditors (§ 13).

Sequestration may be awarded either by the court of session or by the sheriff. A sequestration may be recalled by a majority in number and four-fifths in value of the creditors, who may prefer to wind up the estate by private arrangement. If the sequestration proceeds, the creditors hold a meeting, and by a majority _in value_ elect a trustee to administer the estate, and three commissioners (being creditors or their mandatories) to assist and control the administration and declare the dividends. The bankrupt (under pain of imprisonment) must give all the information in his power regarding his estate and he must be publicly examined on oath before the sheriff; and "conjunct and confident persons" may likewise be examined. The bankrupt may be discharged either by composition or without composition. In the latter case (1) by petition with concurrence of all the creditors, or (2) after six months with concurrence of a majority and four-fifths in value of the creditors, or (3) after eighteen months with concurrence of a bare majority in number and value, or (4) after two years without concurrence. In the last case the judge may refuse the application if he thinks the bankrupt has fraudulently concealed his effects or wilfully failed to comply with the law. This act was amended by the Bankruptcy and Real Securities Act 1857, which deals with the cost of competition for trusteeships; the Bankruptcy Amendment (Scotland) Act 1860, which enables the court to recall a sequestration where it is more convenient that the estate should be wound up in England or Ireland; and the Bankruptcy Amendment Act (Scotland) 1875, which makes the wages of clerks, shopmen and servants preferential claims for a period not exceeding four months and an amount not exceeding £50, while the claims of workmen are placed on a similar footing for a period not exceeding two months. Some important changes were subsequently introduced, one of the principal being that effected by the Debtors (Scotland) Act 1880, which abolished imprisonment for debt, but which, like its English prototype (the Debtors

## Act 1869), contains a series of important provisions for the punishment of

fraudulent bankrupts. Under these provisions the laws of the two countries on that subject are practically assimilated, although some minor differences still survive. One of the most important of these differences is, that while the Scottish act makes the failure, within the three years prior to the sequestration, to keep "such books and accounts as, according to the usual course of any trade or business in which he (the debtor) may have been engaged, are necessary to exhibit or explain his transactions" a criminal offence, the English act contains no provision of an analogous character; the non-keeping of such books being treated as a fact to be taken into account in dealing with the debtor's application for his discharge but not coming within the scope of the criminal law. On the other hand, there are a few minor trading irregularities dealt with in the English act which are not specifically included in that of Scotland. Another important distinction is that under the Scottish act the same offences may be treated differently, according as they are brought for trial before the court of justiciary or a sheriff and jury, in which case the maximum penalty is two years' imprisonment; or before a sheriff without a jury, in which case the penalty is limited to imprisonment for a period not exceeding sixty days. This distinction admits of a useful elasticity in the administration of the law, having regard to the comparative importance of the case, which is hardly possible under the English act.

Another most important modification of the law is effected by the Debtors

## Act 1880, combined with the Bankruptcy and Cessio Act 1881, and the Act of

Sederunt anent Cessios of the 22nd of December 1882. Under the law existing prior to these enactments, the process of _cessio bonorum_ operated chiefly as a means for obtaining release from imprisonment for debt on a formal surrender by a debtor of all his goods and estate. But under this process the debtor was not entitled to a discharge, and his future-acquired property was still subject to diligence at the instance of unsatisfied creditors. By abolishing imprisonment for debt (except in regard to crown debts and public rates and assessments), the legislature also practically abolished this use of the process of cessio, and the process itself would probably have become obsolete, but for certain changes effected by the act of 1881, which have given it a different and more extended scope. Among these changes may be noted (1) [v.03 p.0330] the extension to "any creditor of a debtor who is notour bankrupt," without reference to the amount of his debt, of the right hitherto limited to the debtor himself, to petition the court for a decree of cessio, the prayer of the petition, whether presented by the debtor or by a creditor, being "to appoint a trustee to take the management and disposal of the debtor's estate for behoof of his creditors"; (2) the discretionary power given to the court upon such petition to award sequestration under the bankruptcy act, in any case where the liabilities of the debtor exceed £200; and (3) the right of the debtor to apply for his discharge under similar conditions to those obtaining in the case of sequestration. An important modification of the law relating to discharge which equally affects a debtor under the Bankruptcy and Cessio Acts, is also effected by the provision of the act of 1881, which requires, in addition to the concurrence of creditors, the fulfilment of one of the following conditions, viz., "(a) That a dividend of five shillings in the pound has been paid out of the estate of the debtor, or that security for payment thereof has been found to the satisfaction of the creditors; or (b) that the failure to pay five shillings in the pound has, in the opinion of the sheriff, arisen from circumstances for which the debtor cannot justly be held responsible." Orders of cessio are only made in the sheriff courts, and when made, the court also appoints a trustee, who conducts the proceedings without the control exercised by the creditors in a sequestration. Under these conditions it will be seen that the original purpose and constitution of the process of cessio has entirely disappeared, and it has now become a modified form of official bankruptcy procedure, with a less elaborate routine than in the case of sequestration, and one perhaps more suitable to the smaller class of cases, to which in practice it is limited.

The Bankruptcy Frauds and Disabilities (Scotland) Act 1884 applies to sequestrations and decrees of cessio the criminal provisions of § 31 of the English Bankruptcy Act 1883, relating to the obtaining of credit for £20 and upwards by an undischarged bankrupt, without disclosure of his position. It also places the law relating to the disqualifications attaching to such bankrupts on a similar footing to that of the English act.

The Judicial Factors Act of 1889 contains a provision calculated to check excessive costs of administration, by requiring that where the remuneration of a trustee under a sequestration is to be fixed by the commissioners, intimation of the rate of remuneration is to be given to the creditors and to the accountant of court before being acted on, and the latter officer is empowered, subject to appeal, to modify the same if he deems it expedient.

It may be pointed out that the Deeds of Arrangement Act 1887, which applies to England and Ireland, does not apply to Scotland, and there is no analogous provision requiring registration of private deeds of assignment for the benefit of creditors as a condition of their validity in that country.

Finally, it is to be noted that the office of accountant in bankruptcy, which was established by the Bankruptcy Act of 1856, has under the Judicial Factors Act 1889 been abolished, the duties being merged in those of the office of accountant of the court of session.

_Irish Bankruptcy Legislation._

The Irish law of bankruptcy is regulated by the two leading Irish statutes of 1857 and 1872, together with the Irish Debtors Act 1872, and corresponds in its main features to some of the older English enactments, with modifications adopted from the English act of 1869. It may be pointed out, however, that the system of liquidation by arrangement and composition without the approval or control of the court, which proved fatal to the success of the latter, has not at any time been imported into the Irish law. A special act was passed in 1888 for establishing local bankruptcy courts in certain districts in Ireland, and an act was also passed in 1889, applying the main provisions of the English Act of 1888, relating to preferential payments in bankruptcy, to Ireland.

The Deeds of Arrangement Act 1887, which has been already discussed above under the head of English bankruptcy legislation, also applies in its main provisions to Ireland, and as supplemented by the Irish Deeds of Arrangement Amendment Act 1890, places the law relating to this branch of insolvency procedure upon a similar footing in both countries, so far as regards the publicity of such deeds. The last-mentioned act also requires a similar registration of all petitions for arrangement under the Bankruptcy

## Act 1857.

(J. SM.*)

COMPARATIVE LAW

_British Empire_.--In most parts of the British empire the law of bankruptcy has been modelled upon the English system. This is particularly the case in Australia and New Zealand. Victoria, South Australia, Western Australia and New Zealand follow the lines of the existing English acts. In Queensland, Tasmania and New South Wales the system is rather that of the English act of 1869, leaving more to the creditors' management and less to officialism.

One point may be mentioned in which the Australian colonies have improved on the English system. Under the English acts a bankrupt is under no obligation to apply for his discharge. The result is that the United Kingdom contains a population of 70,000 undischarged bankrupts--a manifest danger to the trading community. Under the bankruptcy systems of New South Wales, Victoria and New Zealand, a bankrupt is bound to apply for his discharge within a fixed period, otherwise he is guilty of a contempt of court.

In Canada, under the British North America Act 1867, the Dominion parliament has exclusive legislative power in regard to bankruptcy and insolvency: but there is no existing Dominion act on the subject. A Dominion act was passed in 1875, but repealed in 1880. The failure of this

## act may perhaps be ascribed to the diversity of the pre-existing provincial

systems, embracing such contrasts as the English law of Ontario, and the French code based on _cessio bonorum_--which ruled in Quebec. Bankruptcy is dealt with in a fragmentary way by the provincial legislatures by acts regulating such matters as priority of execution creditors, fraudulent assignments and preferences, imprisonment of debtors, administration of estates of deceased insolvents.

In Cape Colony and Natal English law is substantially followed. In the Transvaal, where Roman-Dutch law prevails, the law governing the subject is the Insolvency Law, No. 13 of 1895. It provides for voluntary surrender and compulsory sequestration. The law of the Orange River Colony is similar.

In British Guiana, Gambia, Jamaica, Hong Kong, Mauritius, Grenada, Trinidad, Tobago and the Straits Settlements the law is modelled on the English pattern.

In India insolvency is regulated by the Indian Insolvency Act 1848, extended by the Act XI. of 1889.

An English bankrupt, it may be added, is entitled to plead his discharge in England as a defence in a colonial court. The explanation is this. The English act vests all the bankrupt's property, whether in the United Kingdom or in the colonies, in his trustee in bankruptcy. Having thus denuded him of everything, it has been held to follow that the bankrupt's discharge must also receive recognition in a colonial court.

_France_.--Bankruptcy in France is regulated by the Commercial Code of 1807, amended and supplemented by the law of 9th June 1838. By Article 437 of the code bankruptcy is defined as the state of a trader who is unable to meet his commercial engagements. Simple insolvency of this kind is known in France as _faillite_. Insolvency attended with circumstances of misconduct or fraud is known as _banqueroute simple_ or _banqueroute frauduleuse_. Only a trader can become bankrupt. The debt, too, for obtaining adjudication must be a commercial debt, the laws regulating bankruptcy being designed exclusively for the protection of commerce. To be made a bankrupt a trader need not be insolvent: it is sufficient that he has suspended payment. Commercial companies of all kinds are liable to be declared bankrupt in the same manner as individual traders. A trader-debtor can be adjudicated bankrupt upon his own petition, or upon the petition of a creditor, or by the court itself _proprio motu_. A petitioning debtor must within fifteen days file at the [v.03 p.0331] office of the Tribunal of Commerce of the district, a declaration of suspension, with a true account of his conduct and of the state of his affairs, showing his assets, debts, profits and losses and personal expenses. On adjudication the Tribunal of Commerce appoints a person, called a _syndic provisoire_, to manage the bankrupt's estate, and a _juge commissaire_ is also named to supervise the syndic. A bankruptcy terminates by an ordinary composition (_concordat_), a sale of the debtor's assets (_union_), or a composition by relinquishment of assets. It is a striking feature of the French system, and highly creditable to French commercial integrity, that a discharge in bankruptcy, even when accompanied by a _declaration d'excusabilité_, leaves the unpaid balance a debt of honour. At the time of the French Revolution the National Convention passed a resolution that any man who contracted a debt should never be free from liability to pay it. The spirit of this resolution still survives, for until a trader has paid every penny that he owes he is not rehabilitated and remains under the stigma of various disabilities: he has no political rights, he cannot hold any public office, or act as a stockbroker, or sit on a jury. _Banqueroute simple_ is where the bankrupt has been guilty of grave faults in the conduct of his business, such as extravagance in living, hazardous speculation or preferring creditors. _Banqueroute frauduleuse_ involves the worse delinquency of fraud. Both _banqueroute simple_ and _banqueroute frauduleuse_ are punishable,--the latter with penal servitude ranging from five to twenty years.

_Germany._--Bankruptcy in Germany is governed by a code passed in 1877. Prior to this each state had its system and the law was "wholly chaotic." The same distinction is drawn in Germany as in France between mere commercial failure and bankruptcy, simple or fraudulent. Simple bankruptcy is established by such offences as gambling, dealing in "futures," disorderly book-keeping or extravagance in living: fraudulent bankruptcy, by offences of a deeper dye--the concealment of property, the falsifying of books, the manufacture of fictitious debts and the giving of illegal preferences. Both kinds of bankruptcy are punishable, fraudulent bankruptcy by penal servitude, or in case of mitigating circumstances, by imprisonment for not less than three months. Accessories in fraudulent bankruptcies are liable to penal servitude--for instance, a creditor who conspires with the debtor to secure an advantage to the prejudice of the other debtors. The creditors are called together within one month from the date of adjudication, and at their meeting they may appoint a committee of their number to advise with the trustee. It is the duty of the court to see that the trustee performs his functions. Estates are liquidated with great rapidity. In order that the creditors may receive dividends at the earliest moment, it is customary to sell the assets by auction. The creditors by a majority in number and three-fourths in value may accept a composition, but such an arrangement must have the approval of the court. The fees are very moderate: in an ordinary bankruptcy the attorney's fees do not, it is said, exceed £5.

_Italy._--Bankruptcy in Italy is regulated by the Commercial Code of 1883 (