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INDEX

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THE SECOND VOLUME.*

Page.

ABATEMENT BY BANKRUPTCY. See Actions, and
Suits in Equity

ABSCONDING. See Act of Bankruptcy.

ABSENTING HIMSELF. See Act of Bankruptcy.
ABROAD.

Whether an act of bankruptcy can be committed
abroad, and in what manner is fully considered 129
ACCOMMODATION BILLS. See Bills of Exchange.

ACTION.

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A party may bring an action for mesne profits, or
prove for use and occupation
When a party may bring trover or assumpsit, he
may either prove, or he may sue at law
When he may prove for the amount of stock, or
bring an action upon the special agreement
The first case of an action in bankrupt law is pre-
cisely the law of the present day

502

ib.

ib.

680

Upon what statutes the right of assignees to bring

actions depends

ib.

When they must declare as assignees, and when
they need not

ib.

What proof is necessary in such actions

ib.

Assignees need not state the proceedings at length 681

When assignees may bring either trover or assumpsit ib.
The different effects of each action

ib.

They cannot bring both actions

ib.

They cannot affirm the transaction in part, and

disaffirm it in part

682

Those who have the first volume without an Index, are requested to

send for it to Messrs. Clarke and Sous, Portugal-street.

ACTION-Continued.

The assignees may maintain trover, but not trespass
against a sherif

Page.

682

The assignees cannot bring trespass for an injury
done before the assignment

ib.

The assignees may maintain trover against the plain-
tiff if he assists the sheriff

683

The assignees must make a demand in the case of a

fraudulent preference

ib.

The defendant may be held to bail upon the affi-
davit of one of the assignees

ib.

How the promise must be laid

ib.

The assignees cannot recover the value of stock sold
by an action of assumpsit

ib.

The assignees must bring an action in the name of

a trustee

684

May sue in the court of requests

ib.

An action does not abate by bankruptcy

ib.

685

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ib.

ib.

How the assignees must proceed in an action com-
menced by the bankrupt

Whether the assignees can sue in the name of
the bankrupt

Lord Hardwicke was of opinion that the assignees
might sue in the name of the bankrupt
A bankrupt cannot maintain an action for the
benefit of his creditors, if the defendant pleads
the plaintiff's bankruptcy, and the agreement

ACTS OF BANKRUPTCY.

Departing from the dwelling-house with an intent to
delay a creditor an act of bankruptcy
Evidence of it

Absconding for murder, or for any other cause, with-
out providing for the payment of debts is an act
of bankruptcy

The proposition that it is more material that the
law should be decided than that it should be de-
cided one way or the other, erroneous
It was erroneously decided that both a delay and an
intent to delay were necessary
Departing with an intent to delay, though not a cre-
ditor is delayed, is a complete act of bankrupt-

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cy
If a trader escapes to avoid a sheriff's officer, though
he has not the writ with him, it is an act of bank-
ruptcy

If he leaves an inn to avoid creditors, it is an act of
bankruptcy

57

ib.

If a man absents himself under the pretence of get-
ting money, but does not returu, he is a bankrupt 58
Staying abroad with intent to delay his creditors is
an act of bankruptcy

ib.

ACTS OF BANKRUPTCY-Continued.

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Page.

60

Absenting to avoid the performance of a duty not
an act of bankruptcy
Beginning to keep house, when an act of bankruptcy ib.
If he once begins to keep house, he remains a
bankrupt, unless he satisfies all his creditors
The act of bankruptcy is on the first moment of be-
ginning to keep house

61

62

Denial is evidence of keeping house

ib.

It must be to a creditor who has the debt due
at the time

ib.

Denial when the debtor is ill or engaged in busi-

ness is not an act of bankruptcy

63

A denial to a creditor's servant or agent is quite suf-
ficient

ib.

64

64

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Denial to a tax-gatherer sufficient

Denial at an unseasonable hour not sufficient
Denial by the wife not sufficient

Keeping house without a denial an act of bank-
ruptcy

65, 66, 67, 68, 70

Order to deny not an act of bankruptcy

Denial in the morning, though the creditor was
paid that day, an act of bankruptcy
Denial to a creditor at a friend's house, an act of
bankruptcy

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Denial by the trader himself not sufficient
Demand of payment by the creditor not sufficient
Approbation of a denial without a previous order
not sufficient

A denial for a minute sufficient

Secreting in a shop, warehouse, mill, ship, or church,

an act of bankruptcy

65

ib.

66

69

70

72

ib.

73

Lying in prison two months after an arrest for debt ib.
The act of bankruptcy not from the first arrest, if
bail put in, but from the imprisonment
Detainer after a commitment for a crime consi-
dered

74, 75

76

Arrest upon mesne process, or in execution, the same 77
Commission cannot be sued out till the end of two
months

month

The months are Junar months

If a trader is arrested on a Tuesday, he may be de-
clared a bankrupt on Tuesday eight weeks after-
wards

Whether an act of bankruptcy can depend upon
different detainers, the first being discharged
within two months

The custody of the sheriff is lying in prison

The arrest must be for a legal debt

ib.

ib.

78

ib.

79

80

Procuring a fraudulent arrest an act of bankruptcy ib.

ACTS OF BANKRUPTCY-Continued.

Procuring money or goods to be attached or se-
questered, an act bankruptcy

A fraudulent execution in England is not an act of
bankruptcy; in Ireland it is

Fraudulent outlawry an act of bankruptcy
Escape out of gaol being arrested for £100 is an
act of bankruptcy

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It must be an escape by force, without the consent
of the sheriff, not with his consent

A fraudulent preference, and a fraudulent transfer
of property by a deed an act of bankruptcy
Without a deed is void and the property may be re-
covered by the assignees

Twine's case explained

A grant of goods without delivery of possession is
fraudulent and void as against creditors
Lord Chancellor Macclesfield and Sir Joseph Jekyll
held, contrary to the present law, that a trader
before his bankruptcy might prefer one creditor
before another

Observations upon their judgments

What is fraudulent in the cases at law is fraudulent
in Chancery

$5

ib.

A deed of trust granting all to some, and exclud-
ing others fraudulent, and an act of bankruptcy 92
A grant of all to indemnify a surety, an act of bank-
ruptcy

An assignment of all with a colourable exception an
act of bankruptcy

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94

A trust deed of all a trader's effects for his creditors
an act of bankruptcy

95

First held by Lord Mansfield at Nisi Prius, 1767
Fully decided now to be an act of bankruptcy

No one can sue out a commission who in any mau-
ner assents to a trust deed

ib

That a trust deed was a fraudulent grant, and an act
of bankruptcy, first decided by Lord Mansfield at
Nisi Prius

ib.

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Observations upon incapacity to trade

A sale of goods to defeat the bankrupt laws is
fraudulent and void

An assignment of part by deed to give a preference
is fraudulent, and an act of bankruptcy

íb.

. 105

107

ACTS OF BANKRUPTCY.—Continued.

Page.

108

A conveyance of all the stock in trade is an act of

bankruptcy
Surrender of a copyhold to give a preference is : ot
an act of bankruptcy

The author's observations upon that case
An assignment of debts or funds by deed to give a
preference an act of bankruptcy

A trader under an arrest executes a conveyance of
all his estate and effects to the creditor in discharge
of his debt, the remainder in trust for himself, an
act of bankruptcy

General conclusion from all the cases upon
lent grants

111

112

113

122

upon fraudu-

128

Whether an act of bankruptcy can be committed
abroad

129

An act of bankruptcy may be committed abroad
by absenting himself

131

Concerted acts of bankruptcy

137

-A denial to a creditor, who comes to be refused not
an act of bankruptcy

138

That a creditor cannot sue out a commission
An act of bankruptcy committed by the advice of
a friend not void

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Parties to a concerted act of bankuptcy cannot sue
out a commission

140

Those who any way consent to a trust deed cannot
sue out a commission

ib.

Not fraudulent to sue out a commission to avoid an
execution

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Commission sued out upon a concerted act of bank-
ruptcy may be supported by another act unim-
peached

143

A denial to a creditor, who goes by concert to be
denied, not an act of bankruptcy

145

The commission superseded upon a concerted act of
bankruptcy

ib.

It must not be the commission of the bankrupt
Every act of bankruptcy voluntary except that by

ib.

arrest

146

No objection to an act of bankruptcy advised to be
committed by a friend

147

Act of bankruptcy by a trust deed to avoid an ex-

ecution

148

Act of bankruptcy by compounding with the peti
tioning creditor

149

By departing the realm, he must at the time have
contemplated the delay of creditors

ib.

The inconveniences and consequences of a trust
deed

150

VOL. II.

3 C

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