Abbildungen der Seite
PDF
EPUB

AUXILIARY FIAT, 87.

in what cases, 87.

the authority conferred by it, 87.
AWARD,

sum due under, a good petitioning creditor's debt, 67.
provable under a fiat, 114.

made before the bankruptcy may be proved, 114.
after the bankruptcy, how enforced, 406.

B.

BAKER, subject to the bankrupt laws, 43.

BAIL of bankrupt discharged, by plaintiff proving the debt, 158.
not if fiat be superseded, 155.

discharged after certificate if not fixed before, 299.
not bound by the bankrupt's privilege, 264.

deposition on proof by, ii. 43.

BALANCE SHEET, ii. 65.

BANK OF ENGLAND STOCK,

proprietors of, not subject to the bankrupt law, 45.

BANK OF ENGLAND,

stocks, monies, &c. of the bankrupt's estate to be paid into,
168.

money received by the secretary for fiats, to be paid into, ii. 161.
shall deliver bills, &c. when due, to the cashier to be presented
for payment, 169.

cashier of, shall pay the amount received for bills, into the
Bank, 169.

if bill, &c. be dishonoured, cashier shall cause them to be
noted or protested, 169.

and debit expenses to the particular estate, and certify the
payment or dishonour of such bills, &c. to the Ac-
countant-General, 169.

money paid into, by official assignee, may be invested in ex-
chequer bills on a commissioner's order, 170.

See also PUBLIC SECURITIES.

BANKER, subject to the bankrupt law, 37.
entitled to general lien, 216.

in country fiats, appointed by the creditors, 167.
or by the commissioners, 167.

produce of the bankrupt's estate to be lodged with him, 261.
if none appointed, inoney to be paid into the Bank of Eng-
land, 167.

memorandum of the appointment, ii. 56.

[blocks in formation]

BANKRUPT-(continued).

underwriters, 38.
warehousemen, 38.

wharfingers, 38.

packers, 38.

builders, 38.

carpenters, 39.

shipwrights, 39.
victuallers, 39.

innkeepers, &c., 39.

dyers, 39.

printers, 39.

bleachers, 39.

fullers, 39.

calenderers, 39.

cattle or sheep salesmen, 39.

persons using the trade of merchandize, 40.

persons seeking their living by buying and selling, or buying
and letting to hire, or by the workmanship of goods
&c., 40.

whether men or women, aliens, denizens, or subjects, 45.
his duties, rights, &c.

his duties, 408.

in surrendering, 408.

delivering up his books, papers, &c., 409.

attending and assisting the assignees, 409.
attending the commissioners, 409.

answering to their satisfaction, 409.

discovering and delivering up his estate, 410.

joining the assignees in the conveyance of it, 410.

his rights, privileges, and disabilities,

may dispute his adjudication 22, 331, 410.

his right to inspect books, 410.

and the proceedings, 287.

and to have copies of assignees' accounts, 410.

his right to the surplus of his estate, 411.

his right to his wearing apparel, 412.

his right to allowance, 412, 441.

his right to maintenance until he have passed his
examination, 266, 413.

form of order for, ii. 52.

may be appointed to manage estate, 378.

if certificated, no longer liable for debts provable, 413.
unless revived by a written promise, 413.

if uncertificated, privileged from arrest after surrender, 263,

414.

and at all times for debts proved, 414.

not liable upon the covenants in a lease, 415.

may maintain actions in some cases, 414, 416.

in some cases his bankruptcy does not affect his rights, 415.
may be discharged under the Insolvent Debtors' Act, 416.

BANKRUPT-(continued).

may be elected councillor under the Municipal Corporation

Act, 416.

in what cases he may prove upon his own estate, 150.

actions and suits by and against him, 416.

petition, 384, 340, 416.

plea of his certificate, 417.

his remedy, where a fiat is wrongly sued out against him, 78.
his death, before adjudication, 84, 418.

after it, 84, 418.

its effect, 418.

his admissions, when evidence of the petitioning creditor'
debt, 74, 89.

or act of bankruptcy, 89.

in what case a competent witness at a trial, 401.

not competent, before the commissioners, to prove the peti-
tioning creditor's debt, trading, or act of bankruptcy, 89.

in what cases his wife a competent witness, 402.

if in custody at the suit of a creditor, must be discharged pre-
vious to proof, 154.

form of the discharge, ii. 27.

BANKRUPT OFFICE, 1.

BANKRUPTS' ESTATES,

undivided surplus of, must be paid into the Bank, 308.
BANKRUPTCY,

property given in contemplation of, by a trader to his creditor,
in what cases it passes to his assignees, 231-234.

of assignee, cause of removal, 165.

of a petitioner, its effect, 346.

BANKRUPTCY, ACT OF. See ACT OF BANKRUPTCY.
BANKRUPTCY COURT. See COURT OF BANKRUPTCY.
BARGAIN AND SALE. See ASSIGNMENT.

of copyholds, form of, ii. 102.

BASE FEE of bankrupt in lands of any tenure may be disposed
of by the commissioners, 179.

effect and operation of such disposition, 179.

BEGINNING TO KEEP HOUSE, when an act of bankruptcy, 51.
BILLS OF COSTS,

taxation, 314, ii. 58.

memorandum of taxing, ii. 53.

form of, ii. 161, &c.

BILLS OF EXCHANGE,

proof, by creditor holding, 105-111.

depositions, ii. 28–33.

in the hands of the bankrupt pass to his assignees, when, 196,

242.

in the hands of others may be indorsed after bankruptcy,
when, 246-374.

BILLS OF EXCHANGE-(continued).

in town fiats, if unaccepted, to be presented for acceptance,
371.

shall be deposited in the Bank, 168.

to the credit of the Accountant in Bankruptcy, and the
estate to which they belong, 168.

when become due, shall be presented for payment by cashier
of the Bank, 169.

if dishonoured, shall be noted or protested and again deposited
in the Bank, 169.

payment or dishonour to be certified to the Accountant in
Bankruptcy, 169.

notice of dishonour to be given by official assignee, 371.
any commissioner may order as to the payment, delivery, or
investment of monies, bills, securities, and other effects
in the Bank of England, 171.

accommodation bills pass to assignees, when, 196.
proof upon, 105.

form of proof for, ii. 31.

BLEACHER, subject to the bankrupt laws, 39.

BOND of the petitioning creditor, 77.

form of, ii. 3.

by whom given, 77.

how attested, 77.

and how and in what cases enforced, 78.

to replace stock, 103.

deposition for proof under, ii. 39.

to perform an award, proof under, ii. 39.

debt secured by, may support a fiat, 70.

proof by creditor holding, 103.

depositions, ii. 38, 39.

BOOKS, papers, &c., production of, how compelled, 278, 280,

377.

BOTTOMRY BOND, proof by creditor holding, 144.

depositions, ii. 38.

claim, ii. 50.

BRICKMAKER, when liable to be bankrupt, 41, 43.

BROKER,

stockbroker, pawnbroker, &c. subject to the bankrupt law, 37.
entitled to general lien, 216, 242.

BUILDER, subject to the bankrupt law, 38.

BUTCHER, liable to the bankrupt law, 41, 43.

BUTLERS, of the king, liable to become bankrupt, 47.
BUYING and letting to hire, persons seeking their living by, sub-
ject to the bankrupt law, 40-44.

and selling, persons seeking their living by, subject to
the bankrupt law, 40–44.

C.

CALENDERER, subject to the bankrupt law, 39.
CALICO PRINTER, entitled to general lien, 216.
CARPENTER, subject to the bankrupt law, 39.
CARRIER, entitled to particular lien only, 218.
CATTLE AND SHEEP SALESMEN,
subject to the bankrupt law, 39.

CERTIFICATE,

of appointment of assignees to be registered, in what cases,
176, 238.

under town fiats, to be delivered to the assignees by the re-
gistrar, 164.

under country fiats duplicate certificates to be made and signed
by the commissioners, 165.

where brought to be sealed, duplicates shall be produced with affi-
davit of signatures, ii. 55.

form of, ii. 55.

to be signed when assignees are appointed, and without fee, ii. 55.
CERTIFICATE of conformity, 285-300.

what, 285.

to be signed by the creditors, 285.

or by persons deputed by them by power of attorney,
286.

when, 287.

affidavit of the signatures made, 287.

contract or security to the creditor for signing void, 288.
to be signed and sealed by the commissioners, 288.

and attested by the solicitor, 289.

to be allowed, 289.

advertisement thereof in the Gazette, 290.

in what cases suspended, stayed, recalled, or void, 290–295. -
its effect,-

1st, in discharging his person and property from all debts
provable, 295.

provided it be not a second fiat, under which he has
not paid 15s. in the pound, in which case his
person only is discharged, 297.

or that he be not himself assignee of a bankrupt, and
the debt due from him in that right, 298.
2ndly, if arrested or in custody for a debt provable, he
shall be discharged, 298.

3rdly, his bail shall be discharged, 299.

not to be received in evidence unless entered of record, 398.
form of certificate, ii. 90.

form of supplementary certificate, ii. 93.

power of attorney to sign certificate, ii. 94.
affidavit of the execution thereof, ii. 95.

« ZurückWeiter »