TABLE OF CONTENT S. A. ABATEMENT. See PRACTICE. ACT OF BANKRUPTCY. 1. It is not an Act of Bankruptcy for a Debtor to cause himself to be denied to a Creditor calling by the Debtor's Appointment for Payment on a Sunday. Ex parte Preston in the Matter of Preston. Page 21 2. It is an Act of Bankruptcy, by beginning to keep House, for a Trader to cause himself to be denied to a Creditor calling not for Payment of his Debt, but in order to cover it by buying Goods to the Amount. Ex parte Harris. Page 67 3. The Relation to the Act of Bankruptcy is confined to an Act subsequent to the petitioning Creditor's Debt. Ex parte Birkett. 71 4. Where a Trader being arrested for a Debt of £135. escaped from the Officer and fled to the House of another, and was pursued by the Officer, and inquired for at the House, but was denied, and the Door kept fast; and whilst he remained there, declared that he did it for Fear of other Creditors, and when it was dark returned Home, and gave Directions to deny him to to any one that called, and continued nearly à Month in his Bedchamber. Held, that this constituted one or more Act or Acts of Bankruptcy under the Words of the Statute," beginning to keep House," or "otherwise absenting himself;" and a Creditor of the Bankrupt, who had sued out a Writ against him, and without proceeding upon it, afterwards received from him a Bill of Exchange in part Payment of his Debt, after being apprized that there had been a Meeting of his Creditors, and that the Bankrupt's Affairs at that Time were only capable of paying the Demands of his Creditors by Instalments, although he was assured by the Bankrupt's Agent that they would come round, was liable to refund the Proceeds of such Bill to the Assignees of the Bankrupt as a Payment not in the usual Course of Trade, and before Notice of his Insolvency. Bayley v. Schofield. Page 100 5. A Trader in Prison employed an Auctioneer to sell Goods, who sent him the Proceeds by the Defendant. The Trader became bankrupt by lying two Months in Prison. Held, that the Assignees could not recover from the Defendant, who was a mere Moneybearer, the Money he had received and paid over. Coles v. Wright. 110 6. Where a Trader went to his Neighbour and told him he expected to be arrested, aud while he remained there was informed that a Sheriff's Officer was going towards his Honse, upon which he concealed himself in the back Room, and desired his Neighbour to watch, and when told that the Officer had gone past his House, and had left the Street, immediately returned Home. Held, that this was an Act of Bankruptcy within the Words of 13 Eliz. c. 7. and 1 J. c. 15. " otherwise absenting himself to the Intent to delay Creditors," although it appeared not only that no Creditor was delayed, but that none could possibly be de layed. Chenoweth v. Haley. Page 137 7. Where a Trader departs from his Dwelling-house on Account of domestic Dissensions, if he makes no Arrangement for carrying on his Business in his Absence, and he foresees that, as a necessary Consequence, his Establishment must be broken up, and his Creditors must be delayed, which Events accordingly happen, he thereby commits an Act of Bankruptcy., Holroyd v. Whitehead. 8. The Act of Bankruptcy created by 4 Geo. 3. c. 33. must, in some of its Circumstances, be proved by a Creditor, but his Testimony not received as to Facts, of which Evidence can be obtained from other Sources. 145 Sources. Ex parte Harcourt. Page 203 ibid. It ought to appear upon the De- 9. Where one of three Partners in a Banking Concern, who resided at the Place where the Banking- house was, and was the only Partner who transacted the Business, the other two residing at a Distance from it, absented himself from the Banking-house, shut it up, and stopped Payment. Held, that this was not Evidence of a joint Act of Defendant, though he has given no Notice that he intends to dis- pute the Proceedings under the Commission, may, nevertheless, give Evidence to disprove the Act 10. A Trader left a Message at his House for a Creditor who had in his Absence called for a Debt, that would not pay him that Day, and would go out of the Way, and stay till Dinner-time. Held, that it was for the Jury to consider whe- ther he absented himself to. delay his House where his Creditors were to Gaol, where he remains till the the Date of his first Arrest. Held, that this was a sufficient lying in Prison under 21 Jac. 1. c. 19. s. 2. That a Party is a Creditor is not a examined, as the Result of the Examination may establish that 13. Act of Bankruptcy not permitted to be proved by Affidavit, although ruptcy under a prior separate Com- mission against the same Bank- rupt, who had subsequently been included in a joint Commission 14. The Commission and Proceedings are inadmissible Evidence of an Act of Bankruptcy, for the Purpose of defeating a Conveyance. Whitworth v. Graham. Page 364 15. Trader going Abroad, leaving no Funds, and when Abroad, writing that he means not to return, cómmits an Act of Bankruptcy. Windham v. Paterson. 465 16. A Person assenting to, although not executing a Trust Deed, cannot set it up as an Act of Bankruptcy. Back v. Gooch. 468 17. But he is not precluded from taking out a Commission, where there has been an Act of Bankruptcy prior to the Deed. Doe v. Anderson. 475 18. Direction to be denied during Dinner, and a consequent Denial to a Creditor, not an Act of Bankruptcy. Shew v. Thomson. 468 19. Going Abroad with a proper Motive not an Act of Bankruptcy, unless there be, at the same Time, a Fear of Arrest. Warner v. Barber. 3. Uncertificated Bankrupt may sue as Trustee for his Assignee. Cumming v. Roebuck. 469 4. In an Action by Assignees, Defendant may impeach the Title of a Bankrupt, although he claim Title under the Bankrupt. Taylor v. Kinloch. 474 5. To an Action of Trespass by B. against Assignees, a fraudulent Conveyance from the Bankrupt to B. (not amounting to an Act of Bankruptcy) held not to be a sufficient Defence. Young v. Wright. 472 1. A Bankrupt paying twenty Shillings in the Pound out of his separate Estate, is not entitled to his Allowance against the Right which his joint Creditors have to the Surplus. Ex parte Holmes. 95 2. Bankrupt under a joint Commis-. sion not entitled to an Allowance, though joint Estate pays ten Shillings in the Pound, unless both joint and separate Creditors who have proved, are paid ten Shillings in the Pound. If one Partner only has obtained his Certificate, no Allowance given to the Partner who has obtained his Certificate, the Allowance being only jointly claimable. Ex parte 2. An Assignee must consider the Commission under which he derives his Authority to be valid, and act under it at his own Risk and Responsibility. The Lord Chancellor not having Jurisdiction to indemnify him against the Consequences of a Supersedeas in the Matter of Bryant. 17 3. Where the Interest of any particular Class of Creditors is not sufficiently represented and pro、 tected by the Assignees under the Commission, the Court will appoint an Agent or Inspector on their Behalf, giving him Authority and Indemnity in Point of Expence, as fully as if he were ac tually an Assignee. Till the Debt is set aside, the Court will not remove a Creditor from his Office as Assignee upon Suspicion of its Unfairness. Ex parte Miles. KK 68 4. The |