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TABLE

OF

CONTENT S.

ABATEMENT. See Practice.

ACT OF BANKRUPTCY. 1. It is not an Act of Bankruptcy for

a Debtor to cause bimself 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 Banka

ruptcy is confined to an Act subsequent to the petitioning Cre: ditor'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 Horse 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 rea mained 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 con- | 6. Where a Trader went to his Neigh. tinued nearly à Month in his Bed bour and told him he expected to chamber. Held, that this con be arrested, and while he remained stituted one or more Act or Acts there was informed that a Sheof Bankruptcy under the Words of riff's Officer was going towards his the Statute, “ beginning to keep Honise, upon which he concealed House,” or “ otherwise absenting himself in the back Room, and dehimself;" and a Creditor of the sired his Neighbour to watch, and Bankrupt, who had sued out a when told that the Officer had Writ against him, and without gone past his House, and had left proceeding upon it, afterwards the Street, immediately returned received from him a Bill of Ex Home. Held, that this was an change in part Payment of bis Act of Bankruptcy within the Debt, after being apprized that Words of 13 Eliz. c. 7. and 1 J. there had been a Meeting of his c. 13. “ otherwise absenting himCreditors, and that the Bankrupt’s self to the Intent to delay CreAffairs at that time were only ca ditors," although it appeared not pable of paying the Demands of ouly that no Creditor was delayed, his Creditors by Instalments, al but that none could possibly be dethough he was assured by the 1 layed. Chenoweth v. Haley. Bankrupt's Agent that they would

Page 137 come round, was liable to re 7. Where a Trader departs from his fund the Proceeds of such Bill to Dwelling-house on Account of dothe Assignees of the Bankrupt as mestic Dissensions, if he makes no a Payment not in the usual Course Arrangement for carrying on his of Trade, and before Notice of his Business in bis Absence, and he Insolvency. Bayley v. Schofield. foresees that, as a necessary Con

Page 100 sequence, his Establishment must 3. A Trader in Prison employed an be broken up, and his Creditors

Auctioneer to sell Goods, who sent must be delayed, which Events achim the Proceeds by the Defend cordingly happen, he thereby comant. The Trader became bank. mits an Act of Bankruptcy. Holrupt by lying two Months in royd v. Whitehead. 345 Prison. Held, that the Assignees 8. The Act of Bankruptcy created could not recover from the De by 4 Geo. 3. c. 33. must, in some fendant, who was a mere Money of its Circumstances, be proved by bearer, the Money he had re a Creditor, but his Testimony not ceived and paid over. Coles v. | received as to Facts, of which EviWright. 110 dence can be obtained from other

Sources,

Sources. Ex parte Harcourt. T his House where his Creditors were

Page 203 to avoid Irritation and harsh Laj.
It ought to appear upon the De guage. Vincent o. Prater. Page 275
position as an Ingredient of the 11. A Trader being arrested for
Act of Bankruptcy under 4 Geo. 3. Debt is sick in Bed, and so ill that
c. 33. that the Summons required | he cannot be removed without er
to be served on the Trader M. P. | dangering his Life. He is there-
was taken out after the Affidavit fore allowed to remain sometime

was filed of Record. ibid. in his own House, and then carried

9. Where one of three Partners in to Gaol, where he remains till the

a Banking Concern, who resided Expiration of two Months from

at the Place where the Banking the Date of his first Arrest. Held,

house was, and was the only Partner that this was a sufficient lying in

who transacted the Business, the Prison under 21 Jac. 1. c. 19. s. 2.

other two residing at a Distance to constitute an Act of Bankruptcy.

from it, absented himself from the le Stevens v. Jackson. 284

Banking-house, shut it up, and | 12. Persons ordered to attend Com-

stopped Payment. Held, that this missioners to prove Act of Bank-

was not Evidence of a joint Act of ruptcy, having refused Obedience to

Bankruptcy by all three. The the Warrant of the Commissioners,

Defendant, though he has given upon the Ground that they were

no Notice that he intends to dis Creditors, and therefore incom-

pute the Proceedings under the petent as Witnesses. Ex parte

Commission, may, nevertheless, Gooldie.

330

give Evidence to disprove the Act That a Party is a Creditor is not a

of Bankruptcy.Millsv. Bennett. 269 preliminary Objection to his being
10. A Trader left a Message at his examined, as the Result of the

House for a Creditor who had in Examination may establish that
his Absence called for a Debt, that he is not a Creditor. ibid.
he could spare no Money, and 13. Act of Bankruptcy not permitted
would not pay him that Day, and to be proved by Affidavit, although
would go out of the Way, and stay the same Person had regularly
till Dinner-time. Held, that it proved the same Act of Bank-
was for the Jury to consider whe ruptcy under a prior separate Com-
ther he absented himself to. delay mission ayainst the same Bank-
a Creditor; and this Evidence rupt, who had subsequently been

warranted their Conclusion, that included in a joint Commission

he did not.

against him and his Partners. Ex

So where he absented himself from parte Rowe.

$39

14. The

14. The Commission and Proceed-1 When an Action is directed, the

ings are inadmissible Evidence of Proceedings in the mean Time are an Act of Bankruptcy, for the Pur suspended. Ex parte Bryant. Page 1 pose of defeating a Conveyancé. 2. The petitioning Creditor directed

Whitworth v. Graham. Page 364 to have the Management of the 15. Trader going Abroad, leaving no Defence to an Action brought by

Funds, and when Abroad, writing the Bankrupt to try the Validity that he means not to return, com of his Cominission, but the Assigmits an Act of Bankruptcy. Wind nee to be fully indemnified. Ex ham v. Paterson.

465 parte Stewart. 16. A Person assenting to, although 3. Uncertificated Bankrupt may sue

not executing a Trust Deed, can L as Trustee for his Assignee. Cumnot set it up as an Act of Bank miog v. Roebuck.

468 ruptcy. Back v. Gooch. 468 4. In an Action by Assignees, De-. 17. But he is not precluded from tak fendant may impeach the Title of

ing out a Commission, where there a Bankrupt, although he claim i has been an Actof Bankruptcy prior Title under the Bankrupt. Taylor to the Deed. Doe v. Anderson. 475 v. Kinloch.

474 18. Direction to be denied during 5. To an Action of Trespass by B.

Dinner, and a consequent Denial to | against Assignees, a fraudulent a Creditor, not an Act of Bank Conveyance from the Bankrupt to

ruptcy. Shew v. Thomson. 468 B. (not amounting to an Act of 19. Gcing Abroad with a proper Bankruptcy) held not to be a sufMotive not an Act of Bankruptcy, ficient Defence. Young v. Wright. unless there be, at the same Time, a Fear of Arrest. Warner v. Barber.

AFFIDAVIT.

: 469 20. Trader absenting himself from See Practice.

the Royal Exchange, or breaking The filing of an Affidavit in Banke an Appointment, or retiring be ruptcy is the swearing and carryhind the Scenes of a Theatre to ing of it into the Bankrupt Office; avoid a Creditor, commits Acts it is there within the Reach of the of Bankruptcy in each Instance. Lord Chancellor, should the PurGemmingham o. Laing. 472 poses of Justice at any Time reACTION.

quire the Production of it. Ex See ASSIGNEE.

parte Newton.

19 1. Bankrupt restrained from vexatiously bringing Actions against

AGREEMENT. his Assignees. Ex parte Bryant, 1 Parol Agreement, although with part

Perform

472

Performance, not with 49 Geo. 3. ' c. 121. s. 13. Ex parte Sutton.

Page 86

conclusive upon them as to Assets. Robson and Another, Assignees, &c.

Page 50

ALLOWANCE.

ARREST. See Protection.

ASSIGNEE.

ant.

1. A Bankrupt paying twenty Shila

lings in the Pound out of his separate Estate, is not entitled to his Allowance against the Right which his joint Creditors have to the Sur

plus. 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 Powell.

447 3. Commissioners to ascertain Value

of Annuity by the Price paid, and the Time of Enjoyment Ex parte Whitehead.

358

See Action. 1. An Assignee sustaining a litigated

Commission is entitled to his Costs out of the Estate as between Attorney and Client. Ex parte Brya

1 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 par

ticular Class of Creditors is not 'sufficiently represented and pro, tected by the Assignees under the Commission, the Court will ap· point 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 Onice as Assignee upon Suspicion of its Unfairness. Ex parte Miles,

68 Κ Κ

4. The

ANNUITY. See Proof.

ARBITRATION. A Reference to Arbitration of all Matters in Dispute by Assignees of a Bankrupt, and a consequent Award to pay a Sum of Money, is Vol. II,

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