ACTS OF BANKRUPTCY.-Continued.

Page.

Denial by a wife not an act of bankruptcy
Where supplemental depositions of an act of bank-
ruptcy can be received

A creditor denied could prove the time
If a trader, domiciled abroad, comes to England,

152

152, 160
152

and if he returns to avoid an arrest, he commits an
act of bankruptcy

157

A trust deed executed by two partners out of three
only, not an act of bankruptcy

160

ADJOURNMENT,

Of the last examination sine die cannot be supported 184

AFFIDAVIT. See Docket, Certificate.

Affidavit of a debt received under the commission
if the creditor lives twenty miles from London
The bankrupt's affidavit that he has obtained his
certificate fairly, and without fraud left at the
office

AGENTS.

How to act in suing out commissions

ALLOWANCE.

The bankrupt's allowance ought not to be affected
by the failure of an assignee

The commissioners not bound by the bankrupt's
private agreement respecting his allowance
The bankrupt under a separate commission not en-
titled to an allowance, in consequence of the
dividend which the joint creditors receive from
joint property

The bankrupt's allowance must be paid before
interest in case of a surplus

ANNUITY.

481

710

237

197

198

711

506

700

In what case the value of an annuity may be set off 188
Creditors by annuities may prove in all cases
Before the 49 Geo. 3, c. 121. the creditors by an
annuity secured by a covenant only could not prove 701
An annuitant, who had received an annuity for
several years, not allowed to prove the whole
price
But if purchased upon a bad life, which grows bet-
ter, even more than the first price may be proved 704
The value of an annuity secured by a bond, which
had been forfeited, might be proved

ib.

702

If the securities are void under the annuity act, the
annuitant may prove what he has advanced
Where several are bound for the payment of an

703

ANNUITY-Continued.

Page

annuity, and one only becomes a bankrupt, what
may be done

705

If the surety for an annuity becomes a bankrupt,
the value may be proved under his commission 706
How the value of ap annuity ought to be applied,
where there is a surety, and one only is a bankrupt 760
ASSIGNEES. See Choice of Assignees.

The Chancellor has jurisdiction to order the assig
nees to give up bills or pay the proceeds, and
over all other persons, who consent

If an assignee has acted some time, and has an inte
rest adverse to the creditors, the chancellor will
order another assignee to be elected, who shall
examine his accounts

381

314

The assignees must place the money as often as
they receive one hundred pounds in the hands of
the banker elected by the creditors

569

Or in the Bank of England as appointed by the
commissioners

571

If they retain it in their own hands, they shall be
charged 201. per cent.

572

The assignees must deliver in upon oath a full and
true statement of the receipts and payments of
the bankrupt's property before every dividend
If an assignee becomes a bankrupt, he shall be
liable for the whole debt due to the bankrupt's
estate, notwithstanding his certificate
The assignees have no allowance for their trouble
How they may employ an accountant

How the commissioners are to examine the accounts
of the assignees before they declare a dividend
The assignees cannot refuse the payment of a divi-
dend, or recover what has been paid till the debt
is expunged

If a banker fails, whilst the assignees refuse the
payment of a dividend, the loss must fall upon
them

ASSIGNMENT.

If goods are sent for a particular purpose, they do
not pass to the assignees

573

574

572

ib.

573

692

ib.

353

If the bankrupt is the buyer, the goods would pass
to the assignees

ib.

The assignees cannot recover bank notes received
for the bankrupt's property

If the bankrupt is an agent, trustee, or factor, they
will not pass

ib.

465

An assignment may be vacated, and the property

resold

314

ATTACHMENT.

After a secret act of bankruptcy more than two ca-
lendar months before the date of the commission
valid

ATTORNEY.

An attorney to be made a bankrupt as a scrivener,

568

must have been the depository of money 23, 156, 677
Attorney has a lien upon papers placed in his hands 384
An attorney has a lien upon the debt and costs

after notice to the defendant

But not without notice

Has a lien upon a sun awarded

385

ib.

386

Has a lien upon costs to be paid by a petitioning
creditor

ib.

He has if delivered two months before the commis-
sion

Has no lien upon papers delivered after an act of
bankruptcy

ib.

ib.

By agreement he may not have a general lien
Summary jurisdiction over attornies

ib.

ib.

387

ib.

A subsequent special contract destroys the lien
A lien cannot exist beyond the interest of the client ib.
No lien upon the proceedings under a commission
The attorney to the petitioning creditor must
transfer the proceedings to the attorney to the
assignees

Petitions in bankruptcy shall be signed by the pe-
titioners, and shall be attested by the attorney
or agent

Attorney's bill, how it is proved

ib.

435

556

An attorney's bill may be taxed for obtaining a
certificate

709

AUCTION DUTY.

Auction duty not to be paid upon the sale of bank-
rupt's effects

435

The goods to be sold shall be specified in a cata-
logue signed by the assignees

436

Lord Kenyon was of opinion that the bankrupt's

mortgaged premises, when sold, were subject to
the auction duty

Observations in support of a different opinion

AUXILIARY COMMISSIONS, when allowed

Commissioners under them to receive proof of debts
under 201.

The bankrupt is not to be examined under them

ib.

ib.

481

482

ib.

BANKERS.

The law with respect to bankers when they become
bankrupts is nearly the same as that of factors
and brokers
Bills sent for a particular purpose remaining in
specie must be restored by the assignees to the

owners

Money received by a banker upon discounted bills
mixed with his own cannot be restored
The owner must prove under the commission
Bills sent to a banker on a general account pass to

his assignees

The distinction explained

Bankers have a general lien

A lien for all liabilities as bankers

But probably not for a debt not due to them as ban-

kers

357

ib.

ib.

358

ib.

359

360

361

ib.

ib.

Bills sent to a banker remaining in specie may be

recovered subject to the lien

374

Short bills explained

376

A general lien upon all securities

Question whether bills paid for a particular purpose

or upon a general account

A banker might partially discount a bill
Bills paid in upon a general account cannot be re-

If bills remain in specie, which the bankers might
have discounted, and the assignees afterwards
receive the proceeds, the chancellor will order
them to pay the amount to the customer
Bills discounted for a particular purpose may be
recovered

Bills discounted generally by a banker become ab-
solutely his

377

ib.

378

If bills not due are carried to the customer's credit
-as cash by his consent, they cannot be recovered 380
Where bankers act as agents, their assignees must
restore all the bills remaining in specie, and the
proceeds, and what they receive from bills after
the bankruptcy

Bankers may discount short bills, and then the
customer must come in as a creditor

ib.

382

They may also pledge

ib.

But if they negotiate or pledge in violation of good
faith, they are guilty of a misdemeanor
Assignees cannot maintain an action upon a short
bill, if the customer pays all he owes

ib.

383

Arrangement of short bills, acceptances, and a cash

BANKERS-Continued.

Country bankers may take a reasonable sum for
commission besides the discount

BANKRUPT. See Last Examination, Protection.
The origin of the word bankrupt
How it was rendered in Latin

Page.

512

1

ib.

The court of chancery will not compel a bankrupt
to execute a power in favour of his creditors 672, 686
It probably would not compel him to sue in his
name for the creditors
Bankrupt may be compelled to resign an office in
favour of his creditors

The power which the commissioners had of com-
pelling him to convey an estate tail considered
The effect of the statute for that purpose
The power of the chancellor or a court of equity to
compel a bankrupt to convey real property
abroad

How the bankrupt is to be maintained after the

commission

672

686

ib.

687

ib.

688

Would be guilty of felony, if he were to take clan-
destinely what the messenger is in possession of 689
Bankrupts in execution may be brought before
commissioners to pass their last examination, or
to an adjournment of it

The property of an uncertificated bankrupt be-
longs to his assignees

693

733

If they consent to his trading, Lord Camden thought
that subsequent creditors had a better right in
equity

734

The law of that case doubtful

ib.

BARGAIN AND SALE.

Iurolment of the bargain and sale must be within
six months

163

If dated on a Tuesday, it may be inrolled on a
Wednesday six lunar months afterwards

ib.

Indorsement evidence of the inrolment

ib.

If the conveyance was by any other deed, it might
be inrolled at any time afterwards

ib.

Except the conveyance of an estate-tail, which must
be inrolled within six months

162

Provisional is necessary to prevent the effect of an
extent

181

The effect of the inrolment

ib.

BARRISTERS.

Two barristers to be inserted in every country com-
mission

425

But the commission will be directed to attornies, if
there is no barrister, w owill attend for the sta-
tutable fees

ib.