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4. The Bankrupt's agreeing to an

Act of Bankruptcy, unless he conABATEMENT.

certs it, is no Objection to the ComSee PRACTICE.

mission. Ex parte Oliver.


5. Although the Act of Bankruptcy 1. Unless a Denial to a Creditor is in · must be committed in this Country,

Consequence of a Direction from yet a Letter from a Trader, who the Debtor, a subsequent Appro. has gone abroad in the Course of bation of it by him will not make it his Trade, connected with Circuman Act of Bankruptcy. Ex parte stances here, may be sufficient Foster.

Page 50 Evidence of such Act. Ex parte 2. Commission on a concerted Act Hague.

150 of Bankruptcy, though carried on 0. A Trader who has no settled bona fide, and without Collusion, Home, or Counting-house, but superseded with Costs. Ex parte takes up a temporary Abode at a Gouthwaite.

87 Public-house, at a Place to which 3. A Witness is not bound, upon the his Business carries him, commits

Commissioners' Summons for that an Act of Bankruptcy by departPurpose, to attend, and prove the ing from such Dwelling-house, with Act of Bankruptcy or the Trading; Intent to delay his Creditors. Holbut the Chancellor, upon an Appli royd v. Gwynne.

113 cation to him, will order the At. 7. If a Trader keeps House, and tendancé. Ex parte Jones. 39 causes himself to be denied to a


Tax-gatherer, who calls for Taxes, | 13. The Chancellor has Jurisdiction it is an Act of Bankruptcy. Jeffs I to order the Trustees, in a Deed of v. Smith.

Page 117 Assignment of all the Trader's Ef8. Assignment by Partners, by Deed, fects, to produce it before the

of all their Property, in Trust for Commissioners, for the Purpose of their Creditors, with a Proviso to proving an Act of Bankruptcy. be void, if all the Creditors for But if the petitioning Creditor has above £20 should not execute, or acted under the Deed, although he a Commission of Bankrupt should may not have executed it, he canissue within a certain Time, is an not avail himself of it as an Act of Act of Bankruptcy: Secus when Bankruptcy, and will be liable for the Deed being joint and not seve the Costs of the Commission. Ex ral, one never executed. Dutton parte Cawkwell Page 313 v. Morrison.

213 | 14. A Deed whereby a Debtor, under 9. An Act of Bankruptcy subsequent the Pressure of an hostile Creditor,

to the striking of the Docket, but conveys real Estates in Trust to previous to the sealing of the Com sell and pay that Creditor, with a mission, (and for that Purpose a further Trust to pay Debts to cerFraction of a Day is admitted,) will tain Relatives, in order to give sustain the Commission. Ex parte them an undue Preference, is an Du Frene.

333 Act of Bankruptcy. Morgan v. 10. Although a Commission is taken Horseman.

354 out on a concerted Act of Bank 15. A Trader who is denied by his ruptcy, it may be sustained by any own Orders to a Creditor, in the Act that can be proved antecedent Habit of calling upon him to de

to the Commission. ibid. mand a Debt when he is at Din11. An Act of Bankruptcy by lying ner, does not commit an Act of

in Prison, is complete at the End Bankruptcy, if his Intent be to of two lunar Months. The Day of avoid Interruption at that Hour, Arrest is included, unless where and not to delay the Creditor, althe Party has been bailed: and though the creditor be thereby dethen, the Day of the Surrender. layed. Smith v. Currie. 364 The Act operates by Relation, 16. Proof of an Act of Bankruptcy from the first Day of the two is a sufficient Proceeding under the Months.

ibid. 334. General Order. Ex parte Freeman. 12. Commissioners permitted under

380 particular Circumstances, to re- | 17. A Departure from the Realm, occeive Afhdavit of the Act of Bank I casioning the Delay of Creditors, is ruptcy, made before a Master ex not an Act of Bankruptcy, unless traordinary. Ex parte Wood. 298 at the Time of Departure there was


an Intention to delay, The Depo- | Election to relinquish an Action sition of the Witness proving such upon the other. Ex parte DickAct, should state such Intention or son, 98. Ex parte Hardenberg. Circumstances, from which the

Page 204 Court will necessarily infer it. The 2. In an Action for maliciously suing Departure of a Man in embar- out a Commission, it is a fatal Varassed Circumstances is strong, riance to allege, that the Defendbut not conclusive, Evidence of ant sued out the Commission out Intention. Ex parte Osborne, 387. | of the High Court of Chancery. And the Cases collected in the Poynton v. Forster. 222 Note.

Page 392 3. In such Action, the Allegation 18. A Creditor is not a competent that the Commission was duly su

Witness to prove the Act of Bank perseded can only be sustained by

ruptcy. ibid. but see the Note. the Production of the Writ of Su19. Although the Act of Bankruptcy persedeas, and not by the Chancelmay not have been concerted, yet lor's Order, directing it to issue. if the Commission is clearly the

ibid, Commission of the Bankrupt, and 4. A. and B. Partners, gave a joint he evidently has the Management and several Bond to C., who afterand Direction of it, the Court will wards becomes indebted to A. B. not hesitate instantly to supersede becomes Bankrupt; C. proves the · it. Ex parte Downes. Ex parte Bond under the Commission, and * Ansley.


then brings a joint Action against 20. Two Partners, one residing in A. and B., to which B. pleads his Manchester, the other in London ;

Certificate. A. being, by this Form the London Partner being for a of Action, precluded from setting few Days on a Visit at Manchester, off his separate Debt, applies for, both of them left the House of Bu and obtains, an Injunction against siness there, to avoid an Arrest, C's proceeding in the joint Ac

carrying their Books of Account tion. Bradley v. Millar. - with them. Held that they both

273—395 thereby committed an Act of Bank 5. In an Action by a Bankrupt · ruptcy. Spencer v. Billing. 362

against his Assignees, although

they are not named as such on the ACTION,

Record, Notice must be given See ASSIGNEE.

under 49 Geo. III. c. 121, s. 10, 1. A Creditor having two Bills of Ex · or the Commission and Proceed· changé upon which the Bankrupt

ings will be sufficient Evidence of · was liable, Proof upon one is an the Trading, Act of Bankruptcy,


and petitioning Creditor's Debt. | titioning Creditor's Debt, as against

Simmonds v. Knight. Page 358 him.' Rankin v. Horner.
6. In an Action by the Assignees of

- Page 393. N.
a Bankrupt, it is not sufficient | 11. Bankrupt's Name ordered to be
Proof of a Set-off, that the Com struck out of an Action, in which
missioners permitted the Defendant he was joined as a formal Party,
to prove the Debt proposed to be with his solvent Partners. Ex parte
set-off under the Commission. Pirie Read.

v. Mennett. .

7. If a Commission issues against a.

Man by a wrong Name, under There not being a sufficient Act of
which he obtains his Certificate, Bankruptcy upon the Proceedings,
a Plea of Bankruptcy to an Action the Lord Chancellor suspended the
brought against him by his right Advertisement in the Gazette. Ex
Name will be supported by Pro parte Foster, 49. Ex parte Pros-
duction of the Certificate, and ton.

Proof that he is the Person against But the Commission, in other Re-
whom the Commission issued. Ste-

spects, ordered to proceed. Es
vens v. Elizèe.

parte Fletcher.

8. Where one Defendant pleads his The General Order of 26th of June,

Bankruptcy, and the other the 1793, satisfied, although Adjudica-
general Issue, the former cannot, tion of Bankruptcy too late for Pub-
on Proof of his Certificate, be a lication in the Gazette. Ex parte
Witness for the latter. Currie v. Freeman.

380, 386

9. A Plaintiff, in an Action for a

Breach of Promise of Marriage, See PRACTICE.
having' recovered £100 Damages
- against a Trader, who between Ver-

dict and Judgment commits an Act Under a separate Commission of one
of Bankruptcy : held, that the Debt of a Partnership, and the usual Or-
upon the Judgment is not a good der for keeping distinct Accounts,
petitioning Creditor's Debt. Ex the joint Estate paid eighteen Shil.
parte Charles.

372 lings in the Pound, and the separate
10. Trover by the Assignee of a Estate two Shillings: held, that

Bankrupt against an execution the Bankrupt was entitled to no Al-
Creditor. Proof that the Defend lowance; the Payment to the joint
ant had proved his Debt under the Creditors being strictly not a Pay.
Commission, is no Proof of the pe ment under the Bankruptcy, but

under the Order, in the Nature of 4. Assignees are not, under 5 Geo. a Decree, upon a Bill for an Ac II. c. 30, entitled to detain from count in Equity. Ex parte Farlow. the Bankrupt any Part of his Wear

Page 421 ing-apparel, on the Ground of its

being unnecessary; he himself being ANNUITY.

the Party to determine that, at the See Proof.

Risk of an Indictment: nor to reARREST.

fuse him the Inspection of his

Books, previous to his last ExaminaSee PROTECTION.

tion, on the Ground that such InASSIGNEE.

spection is with a fraudulent ObSee Action.

ject. Ex parte Ross. Page 33 1. When a Bankrupt has, in an Ac- 5. A Testator directs, that his Estate

tion against his Assignees, esta and Effects shall be laid out in the blished that there was no Act of Public Funds, in the Names of Bankruptcy, the Court will not, Trustees, who are to pay the Diunless under very special Circum vidends from Time to Time, into stances, delay superseding the Com his Son's Hands, or to his Order mission, till after another Trial. and on his Receipt; to the Intent It is not a sufficient Ground, that that the same, or any Part thereof, the Assignees have Evidence to should not be grantable or assign-, support the Commission, which able, by Way of Anticipation. On they were prevented from pro the Bankruptcy of the Son, his Asducing by Surprise.

signees under the Commission are 2. In an Action brought by the Bank

entitled to this Interest. Brandon rupt against his Assignees, they v. Robinson.

197 must, independently of the Notice | 6. The Act is imperative, that an Asunder Sir Samuel Romilly's Act, be signee shall be charged £20 per presumed to know, that the Bank | Cent. for Money wilfully retained ruptcy is disputed, and ought to in his Hands. Ex parte Bray. 144 be prepared with Evidence to sup- | 7. The Election of Assignees must

port it. Ex parte Dick. 51 I be made by those Creditors, howVide Action 5.

ever few, who are in a Condition to 3. Joint Creditors are not permitted vote ; although those not in that

to vote in the Choice of Assignees Condition might have made a difunder a separate Commission. E.c ferent Choice. Ex parte Butterfill. parte Laycock, p. 33. Et e con

192 verso, Ex parte Parr, 76. Ex parte 8. An Assignee, having purchased Hamer.

123 Goods at a Sale under the Com. Vide infra 10.

mission, becomes Bankrupt: or


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