TABLE OF CONTENTS. A. ABATEMENT. See PRACTICE. ACT OF BANKRUPTCY. 1. Unless a Denial to a Creditor is in Consequence of a Direction from the Debtor, a subsequent Approbation of it by him will not make it an Act of Bankruptcy. Ex parte Foster. Page 50 2. Commission on a concerted Act of Bankruptcy, though carried on bona fide, and without Collusion, superseded with Costs. Ex parte Gouthwaite. 3. A Witness is not bound, upon the Commissioners' Summons for that Purpose, to attend, and prove the Act of Bankruptcy or the Trading; but the Chancellor, upon an Application to him, will order the Attendance. Ex parte Jones. 39 87 4. The Bankrupt's agreeing to an Act of Bankruptcy, unless he concerts it, is no Objection to the Commission. Ex parte Oliver. Page 67. N. 5. Although the Act of Bankruptcy must be committed in this Country, yet a Letter from a Trader, who has gone abroad in the Course of his Trade, connected with Circumstances here, may be sufficient Evidence of such Act. Ex parte Hague. 150 6. A Trader who has no settled Home, or Counting-house, but takes up a temporary Abode at a Public-house, at a Place to which his Business carries him, commits an Act of Bankruptcy by departing from such Dwelling-house, with Intent to delay his Creditors. Holroyd v. Gwynne. 113 7. If a Trader keeps House, and causes himself to be denied to a Tax 213 Tax-gatherer, who calls for Taxes, it is an Act of Bankruptcy. Jeff's v. Smith. Page 117 8. Assignment by Partners, by Deed, of all their Property, in Trust for their Creditors, with a Proviso to be void, if all the Creditors for above £20 should not execute, or a Commission of Bankrupt should issue within a certain Time, is an Act of Bankruptcy: Secus when the Deed being joint and not several, one never executed. Dutton v. Morrison. 9. An Act of Bankruptcy subsequent to the striking of the Docket, but previous to the sealing of the Commission, (and for that Purpose a Fraction of a Day is admitted,) will sustain the Commission. Ex parte Du Frene. 10. Although a Commission is taken out on a concerted Act of Bankruptcy, it may be sustained by any Act that can be proved antecedent to the Commission. ibid. 11. An Act of Bankruptcy by lying in Prison, is complete at the End of two lunar Months. The Day of Arrest is included, unless where the Party has been bailed: and then, the Day of the Surrender. The Act operates by Relation, from the first Day of the two Months. ibid. 334. 12. Commissioners permitted under particular Circumstances, to receive Afhdavit of the Act of Bankruptcy, made before a Master extraordinary. Ex parte Wood. 298 333 13. The Chancellor has Jurisdiction to order the Trustees, in a Deed of Assignment of all the Trader's Effects, to produce it before the Commissioners, for the Purpose of proving an Act of Bankruptcy. But if the petitioning Creditor has acted under the Deed, although he may not have executed it, he cannot avail himself of it as an Act of Bankruptcy, and will be liable for the Costs of the Commission. Er parte Cawkwell. Page 313 14. A Deed whereby a Debtor, under the Pressure of an hostile Creditor, conveys real Estates in Trust to sell and pay that Creditor, with a further Trust to pay Debts to certain Relatives, in order to give them an undue Preference, is an Act of Bankruptcy. Horseman. Morgan v. 354 15. A Trader who is denied by his own Orders to a Creditor, in the Habit of calling upon him to demand a Debt when he is at Dinner, does not commit an Act of Bankruptcy, if his Intent be to avoid Interruption at that Hour, and not to delay the Creditor, although the Creditor be thereby delayed. Smith v. Currie. 364 16. Proof of an Act of Bankruptcy is a sufficient Proceeding under the General Order. Ex parte Freeman. 380 17. A Departure from the Realm, occasioning the Delay of Creditors, is not an Act of Bankruptcy, unless at the Time of Departure there was an an Intention to delay. The Deposition of the Witness proving such Act, should state such Intention or Circumstances, from which the Court will necessarily infer it. The Departure of a Man in embarrassed Circumstances is strong, but not conclusive, Evidence of Intention. Ex parte Osborne, 387. And the Cases collected in the Note. Page 392 18. A Creditor is not a competent Witness to prove the Act of Bankruptcy. ibid. but see the Note. 19. Although the Act of Bankruptcy may not have been concerted, yet if the Commission is clearly the Commission of the Bankrupt, and he evidently has the Management and Direction of it, the Court will not hesitate instantly to supersede it. Ex parte Downes. Ex parte Ansley. 398 3. In such Action, the Allegation that the Commission was duly superseded can only be sustained by the Production of the Writ of Supersedeas, and not by the Chancellor's Order, directing it to issue. ibid. 4. A. and B. Partners, gave a joint and several Bond to C., who afterwards becomes indebted to A. B. becomes Bankrupt; C. proves the Bond under the Commission, and then brings a joint Action against A. and B., to which B. pleads his Certificate. A. being, by this Form of Action, precluded from setting off his separate Debt, applies for, and obtains, an Injunction against C.'s proceeding in the joint Ac tion. Bradley v. Millar. 273-395 5. In an Action by a Bankrupt against his Assignees, although they are not named as such on the Record, Notice must be given under 49 Geo. III. c. 121, s. 10, or the Commission and Proceedings will be sufficient Evidence of the Trading, Act of Bankruptcy, and 359 and petitioning Creditor's Debt. 6. In an Action by the Assignees of a Bankrupt, it is not sufficient Proof of a Set-off, that the Com- missioners permitted the Defendant to prove the Debt proposed to be set-off under the Commission. Pirie 7. If a Commission issues against a which he obtains his Certificate, a Plea of Bankruptcy to an Action brought against him by his right Name will be supported by Pro- duction of the Certificate, and Proof that he is the Person against spects, ordered to proceed. Ex The General Order of 26th of June, 1793, satisfied, although Adjudica- tion of Bankruptcy too late for Pub- Breach of Promise of Marriage, See PRACTICE. against a Trader, who between Ver- dict and Judgment commits an Act of Bankruptcy: held, that the Debt Under a separate Commission of one of a Partnership, and the usual Or- der for keeping distinct Accounts, the joint Estate paid eighteen Shil- lings in the Pound, and the separate Estate two Shillings: held, that the Bankrupt was entitled to no Al- lowance; the Payment to the joint under the Order, in the Nature of a Decree, upon a Bill for an Account in Equity. Ex parte Farlow. Page 421 ANNUITY. See PROOF. ARREST. See PROTECTION. ASSIGNEE. See ACTION. 1. When a Bankrupt has, in an Action against his Assignees, established that there was no Act of Bankruptcy, the Court will not, unless under very special Circumstances, delay superseding the Commission, till after another Trial. It is not a sufficient Ground, that the Assignees have Evidence to support the Commission, which they were prevented from producing by Surprise. 4. Assignees are not, under 5 Geo. 197 2. In an Action brought by the Bankrupt against his Assignees, they must, independently of the Notice under Sir Samuel Romilly's Act, be presumed to know, that the Bankruptcy is disputed, and ought to be prepared with Evidence to sup-7. The Election of Assignees must port it. Ex parte Dick. Vide ACTION 5. 51 be made by those Creditors, however few, who are in a Condition to vote; although those not in that Condition might have made a different Choice. Ex parte Butterfill. 192 8. An Assignee, having purchased Goods at a Sale under the Commission, becomes Bankrupt: ordered, |