INDEX ΤΟ THE SECOND VOLUME.* Page. ABATEMENT BY BANKRUPTCY. See Actions, and ABSCONDING. See Act of Bankruptcy. ABSENTING HIMSELF. See Act of Bankruptcy. Whether an act of bankruptcy can be committed ACTION. A party may bring an action for mesne profits, or 502 ib. ib. 680 Upon what statutes the right of assignees to bring actions depends ib. When they must declare as assignees, and when 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. 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 Page. 682 The assignees cannot bring trespass for an injury ib. The assignees may maintain trover against the plain- 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- ib. How the promise must be laid ib. The assignees cannot recover the value of stock sold 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 ib. ib. How the assignees must proceed in an action com- Whether the assignees can sue in the name of Lord Hardwicke was of opinion that the assignees ACTS OF BANKRUPTCY. Departing from the dwelling-house with an intent to Absconding for murder, or for any other cause, with- The proposition that it is more material that the cy If he leaves an inn to avoid creditors, it is an act of 57 ib. If a man absents himself under the pretence of get- ib. ACTS OF BANKRUPTCY-Continued. Page. 60 Absenting to avoid the performance of a duty not 61 62 Denial is evidence of keeping house ib. It must be to a creditor who has the debt due 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- ib. 64 64 Denial to a tax-gatherer sufficient Denial at an unseasonable hour not sufficient Keeping house without a denial an act of bank- 65, 66, 67, 68, 70 Order to deny not an act of bankruptcy Denial in the morning, though the creditor was Denial by the trader himself 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. 74, 75 76 Arrest upon mesne process, or in execution, the same 77 month The months are Junar months If a trader is arrested on a Tuesday, he may be de- Whether an act of bankruptcy can depend upon 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- A fraudulent execution in England is not an act of Fraudulent outlawry an act of bankruptcy Page. It must be an escape by force, without the consent A fraudulent preference, and a fraudulent transfer Twine's case explained A grant of goods without delivery of possession is Observations upon their judgments What is fraudulent in the cases at law is fraudulent $5 ib. A deed of trust granting all to some, and exclud- An assignment of all with a colourable exception an 94 A trust deed of all a trader's effects for his creditors 95 First held by Lord Mansfield at Nisi Prius, 1767 No one can sue out a commission who in any mau- ib That a trust deed was a fraudulent grant, and an act ib. Observations upon incapacity to trade A sale of goods to defeat the bankrupt laws is An assignment of part by deed to give a preference íb. . 105 107 ACTS OF BANKRUPTCY.—Continued. Page. 108 A conveyance of all the stock in trade is an act of bankruptcy The author's observations upon that case A trader under an arrest executes a conveyance of General conclusion from all the cases upon 111 112 113 122 upon fraudu- 128 Whether an act of bankruptcy can be committed 129 An act of bankruptcy may be committed abroad 131 Concerted acts of bankruptcy 137 -A denial to a creditor, who comes to be refused not 138 That a creditor cannot sue out a commission Parties to a concerted act of bankuptcy cannot sue 140 Those who any way consent to a trust deed cannot ib. Not fraudulent to sue out a commission to avoid an Commission sued out upon a concerted act of bank- 143 A denial to a creditor, who goes by concert to be 145 The commission superseded upon a concerted act of ib. It must not be the commission of the bankrupt ib. arrest 146 No objection to an act of bankruptcy advised to be 147 Act of bankruptcy by a trust deed to avoid an ex- ecution 148 Act of bankruptcy by compounding with the peti 149 By departing the realm, he must at the time have ib. The inconveniences and consequences of a trust 150 VOL. II. 3 C |