MODERN PRECEDENTS IN CONVEYANCING. CLASS IX. MISCELLANIES. *BANKRUPTCY. In the preceding volumes of this work (1), various precedents were given of conveyances and other assurances from Commissioners of Bankrupts and their assignees of the real and personal estates of bankrupts, with annotations subjoined to such precedents founded upon the Bankrupt Laws as they stood under the then subsisting statutes. But all of those statutes being now repealed, and the laws relative to bankrupts' estates in many respects altered by the late act of 6 Geo. 4. c. 16. it seems proper to introduce in this class of MISCELLANIES such of the clauses in that act as have occasioned those alterations,—and those alone might be deemed sufficient-but as other parts of the act have been referred to prospectively in the DISSERTATION relative to Debtors and Creditors, and will be again adverted to in the subsequent pages, I have thought it better to give a summary of the whole act, noticing, however, those parts of it more fully which have a more particular relation to the present work. BANKRUPT. (6 Geo. 4. c. 16.) This act of 6 Geo 4. after reciting that it was "expedient to amend the 6 Geo. 4. c. 16. laws relating to bankrupts, and to simplify the language thereof, and to consolidate the same so amended and simplified in one act, and to make other provisions respecting bankrupts," repeals § 1. All former acts and legislative enactments relative to bankrupts and their creditors or effects, and declares, (1) See MODERN PRECEDENTS, Vols. II. III, and VI. SUP.-VOL. II. B BANKRUPT. What persons shall be deemed traders. 2. That all bankers, brokers, and persons using the trade or pro(6 Geɔ. 4. c. 16.) fession of a scrivener, receiving other men's monies or estates into their trust or custody, and persons insuring ships or their freight, or other matters, against perils of the sea, warehousemen, wharfingers, packers, builders, carpenters, shipwrights, victuallers, keepers of inns, taverns, hotels, or coffee-houses, dyers, printers, bleachers, fullers, calenderers, cattle or sheep salesmen, and all persons using the trade of merchandize by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail; and all persons who, either for themselves or as agents or factors for others, seek their living by buying and selling, or by buying or letting for hire, or by the workmanship of goods or commodities, shall be deemed traders liable to become bankrupt: Provided that no farmer, grazier, common labourer, or workman for hire, receiver general of the taxes, or member of or subscriber to any incorporated, commercial, or trading companies established by charter or act of parliament, shall be deemed as such a trader liable by virtue of this act to become bankrupt. What persons not. What convey acts shall con stitute bank ruptcy. § 3. That if any such trader shall depart this realm, or being out of ances and other this realm shall remain abroad, or depart from his dwelling house, or otherwise absent himself, or begin to keep his house, or suffer himself to be arrested for any debt not due, or yield himself to prison, or suffer himself to be outlawed, or procure himself to be arrested, or his goods, money, or chattels to be attached, sequestered, or taken in execution, or make or cause to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to be made any fraudulent gift, delivery, or transfer of any of his goods or chattels; every such trader doing, suffering, procuring, executing, permitting, making, or causing to be made any of the acts, deeds, or matters aforesaid, with intent to defeat or delay his creditors, shall be deemed to have thereby committed an act of bankruptcy. What convey ances, &c. not an cy. § 4. But that where any such trader shall effect, execute any conact of bankrupt- veyance or assignment, by deed, to a trustee or trustees, of all his estate and effects for the benefit of all the creditors of such trader, the execution of such deed shall not be deemed an act of bankruptcy,' unless a commission issue against such trader within six calendar months from the execution thereof by such trader; provided that such deed shall be executed by every such trustee within fifteen days after the execution thereof by the said trader, and that the execution by such trader and by every such trustee be attested by an attorney or solicitor; and that notice be given within two months after the execution thereof by such trader, in case such trader reside in London or within forty miles thereof, in the London Gazette, and also in two London daily newspapers; and in case such trader does not reside within forty miles of London, then in Notice thereof in the Gazette and Newspapers. BANKRUPT. the London Gazette, and also in one London daily newspaper and one provincial newspaper published near to such trader's residence; and (6 Geo. 4. c. 16.) such notice shall contain the date and execution of such deed, and the name and place of abode respectively of every such trustee and of such attorney or solicitor. prison. 5. That if any such trader, having been arrested or committed to Lying in prison, prison for debt, or on any attachment for nonpayment of money, shall, upon of and escaping out such or any other arrest or commitment for debt or nonpayment of money, or upon any detention for debt, lie in prison for twenty-one days, or having been arrested or committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him, and not discharged, every such trader shall be thereby deemed to have committed an act of bankruptcy; or if any such trader, having been arrested, committed, or detained for debt, shall escape out of prison or custody, every such trader shall be deemed to have thereby committed an act of bankruptcy from the time of such arrest, commitment, or detention. Declaration of at the bankrupt insolvency left office, an act of bankruptcy. § 6. That if any such trader shall file in the office of the Lord Chancellor's secretary of bankrupts a declaration in writing, signed by such trader, and attested by an attorney or solicitor, that he is insolvent or unable to meet his engagements, the said secretary of bankrupts or his deputy shall sign a memorandum that such declaration hath been filed, which memorandum shall be authority for the printer of the London To be gazetted. Gazette to insert an advertisement of such declaration therein; and every such declaration shall, after such advertisement inserted as aforesaid, be an act of bankruptcy committed by such trader at the time when such declaration was filed; but no commission shall issue there- Issuing commisupon, unless it be sued out within two calendar months next after the insertion of such advertisement, and unless such advertisement shall have been inserted in the London Gazette within eight days after such declaration was filed; and no docket shall be struck upon such act of Striking docket. bankruptcy before the expiration of four days next after insertion of such advertisement, in case such commission is to be executed in London, or before the expiration of eight days next after such insertion, in case such commission is to be executed in the country; and the gazette containing such advertisement shall be evidence to be received of such declaration having been filed. § 7. That no commission under which the adjudication shall be grounded on the act of bankruptcy, being the filing of such declaration, shall be deemed invalid by reason of such declaration having been concerted or agreed upon between the bankrupt and any creditor or other person. 8. That if any such trader, liable by virtue of this act to become bankrupt, shall, after a docket struck against him, pay to the person or persons who struck the same, or any of them, money, or give or deliver sion. Concerted bank ruptcy not to invalidate com mission. Trader compounding, &c. with petitioning creditor an act of bankruptcy. BANKRUPT. to any such person any satisfaction or security for his debt, or any part (6 Geo. 4. c. 16.) thereof, whereby such person may receive more in the pound in respect of his debts than the other creditors, such payment, gift, delivery, satisfaction, or security shall be an act of bankruptcy; and if any commission shall have issued upon the docket so struck as aforesaid, the Lord Chancellor may either declare such commission to be valid, and direct the same to be proceeded in, or may order it to be superseded, and a new commission may issue, and such commission may be supported either by proof of such last-mentioned or of any other act of bankruptcy; and every person so receiving such money, gift, delivery, satisfaction, or security as aforesaid, shall forfeit his whole debt, and also repay or deliver up such money, gift, satisfaction, or security as aforesaid, or the full value thereof, to such person or persons as the commissioners acting under such original commission, or any new commission, shall appoint for the benefit of the creditors of such bankrupt. Penalty on cre ditor so compounding. § 9. That if any such trader having privilege of parliament shall commit any of the aforesaid acts of bankruptcy, a commission of bankrupt may issue against him, and the commissioners and all other persons acting under such commission, may proceed thereon în like manner as against other bankrupts; but such person shall not be subject to be arrested or imprisoned during the time of such privilege, except in cases hereby made felony. 10. That if any creditor or creditors of any such trader having privilege of parliament to such amount as is hereinafter declared requisite to support a commission, shall file an affidavit or affidavits in any court of Record at Westminster, that such debt or debts is or are justly due to him or them respectively, and that such debtor, as he or they verily believe, is such trader as aforesaid, and shall sue out of the same court a summons, or an original bill and summons against such trader, and serve him with a copy of such summons, if such trader shall not, within one calendar month after personal service of such summons, pay, secure, or compound for such debt or debts to the satisfaction of such creditor or creditors, or enter into a bond in such sum and with two sufficient sureties, as any of the judges of the court out of which such summons shall issue shall approve of, to pay such sum as shall be recovered in such action or actions, together with such costs as shall be given in the same, and within one calendar month next after personal service of such summons cause an appearance or appearances to be entered to such action or actions, in the proper court or courts in which the same shall have been brought, every such trader shall be deemed to have committed an act of bankruptcy from the time of the service of such summons, and any creditor or creditors of such trader to such amount as aforesaid may sue out a commission against him, and proceed thereon in like manner as against other bankrupts. BANKRUPT. 11. That if any decree or order shall have been pronounced in any cause depending in any court of equity, or any order made in any (6 Geo. 4. c. 16.) matter of bankruptcy or lunacy against any such trader having privilege Same subject. of parliament, ordering such trader to pay any sum of money, and such trader shall disobey, the same having been duly served upon him, the person or persons entitled to receive such sum under such decree or order, or interested in enforcing the payment thereof pursuant to such decree or order, may apply to the court by which the same shall have been pronounced to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such trader, being personally served with such last-mentioned order eight days before the day therein appointed for payment of such money, shall neglect to pay the same, he shall be deemed to have committed an act of bankruptcy from the time of the service thereof, and any such creditor or creditors as aforesaid may sue out a commission against him, and proceed thereon in like manner as against other bankrupts. Lord Chancellor to issue a com mission on peti 12. That the Lord Chancellor shall have power, upon petition made Power to the to him in writing against any trader having committed any act of bankruptcy by any creditor or creditors of such trader, by commission under the Great Seal, to appoint such persons as to him shall seem fit, who tion. shall by virtue of this act and of such commission, have full power and authority to take such order and direction, with the body of such bankrupt, as hereinafter mentioned, as also with all his lands, tenements, and hereditaments, both within this realm and abroad, as well copy or customaryhold as freehold, which he shall have in his own right before he became bankrupt, as also with all such interest in any such lands, tenements, and hereditaments as such bankrupt may lawfully depart with all, and with all his money, fees, offices, annuities, goods, chattels, wares, merchandize, and debts, wheresoever they may be found or known, and to make sale thereof in manner hereinafter mentioned, or otherwise order the same for satisfaction and payment of the creditors of the said bankrupt. 13. That the petitioning creditor shall, before any commission be Petitioning cregranted, make an affidavit in writing before a Master Ordinary or Ex- ditor to make traordinary in Chancery (which shall be filed with the proper officer) give bond which of the truth of such his or their respective debt or debts; and shall may be assigned. likewise give bond to the Lord Chancellor in the penalty of two hundred pounds to be conditioned for proving his or their debt or debts, as well before the commissioners as upon any trial at law, in case the due issuing forth of the commission be contested, and also for proving the party to have committed an act of bankruptcy at the time of taking out such commission, and to proceed on such commission; but if such debt or debts shall not be really due, or if after such commission taken out it be not proved that the party had committed an act of bankruptcy at the time of the issuing of the commission, and it shall also appear that such commission was taken out fraudulently or maliciously, the Lord Chan |