DOCKET-(continued). to whom directed, 81. within what time to be prosecuted, 84. by suing it out, creditor elects to proceed under it, and auxiliary, what, 87. adjudication, 91. memorandum thereof, ii. 18. provisional assignee, 92. in what cases, 92. memorandum of appointing provisional assignee, ii. 20. form of it, ii. 24. in what cases suspended, 93. how served, 94. bankrupt's surrender, 94. DOCUMENTS directed to be filed in the Court of Bankruptcy DROVER, subject to the bankrupt law, 45. DYER, subject to the bankrupt law, 39. entitled to lien, 216. E. EAST INDIA COMPANY, members of, not subject to the pension to an officer of, does not pass to the assignees, EAST INDIES. See INDIA. ECCLESIASTICAL BENEFICE must be presented to by the ELECTION of creditor to come in under the fiat, 154, 158. of bankrupts to proceed by petition or action, 331. ENROLMENT OFFICE, 4, 5. ENROLMENT, CLERK OF, appointed by the judges of the Court of Bankruptcy, 4. fees for entering, 5. ENROLMENT of proceedings under the fiat, 4, 398. EQUITABLE mortgage, proof by creditor having, 134. ESCAPE of bankrupt or other person, gaoler permitting, penalty, 274. ESCAPING out of prison, when an act of bankruptcy, 61. ESTATE, personal, of the bankrupt, shall vest in assignees by their ap- real, to vest in assignees by their appointment without con- ESTATES TAIL AND BASE FEES :- :- commissioners may dispose of lands of any tenure, of which what estate shall be created by the disposition of commission- commissioners may dispose of lands of any tenure, of which effect and operation of disposition by the commissioners, 180. and deed of disposition of copyholds to be entered on court deed of consent of protector of settlement of copyhold lands, and have such entry indorsed thereon, 180. if the deed of disposition of commissioner, by reason of the in what cases the death of the bankrupt tenant in tail shall not the disposition of the commissioner of copyhold lands under ESTATES TAIL AND BASE FEES-(continued). pleadings and evidence in actions by assignees to recover rents, what provision of the 3 & 4 Will. 4, c. 74, to apply to lands but the deed of disposition of lands in Ireland must be en- how far, and in what manner, to apply to lands to be sold, the and to lands to be sold, &c. and money to be laid out in ESTATES FOR LIFE pass to assignees, 175. EVIDENCE, in actions by assignees, 389, &c. in actions against assignees, 389, &c. in suits in equity, by or against assignees, 406. judges and commissioners of Court of Bankruptcy may re- no commission, adjudication, assignment of bankrupt's per- See ASSIGNEES, Actions by and against them. EXAMINATION of the bankrupt, 266. summons and warrant, if the bankrupt be at large, 266. and of the warrant, ii. 85. warrant to bring him up, if in custody, 267. form of the warrant, ii. 71. examination and commitment, 267. form of deposition upon other examinations, ii. 81. memorandum of the last examination, ii. 63. adjourned, sine die, 268. memorandum of adjournment, ii. 70. advertisement thereof, ii. 71. memorandum of the time for surrendering being enlarged, ii. 77. advertisement thereof, ii. 78. refusing to be sworn, or to answer, or to answer satisfactorily, what a refusal to answer, 270. what a satisfactory answer, what not, 270. warrant of commitment for refusing to answer, &c. 272. EXAMINATION-(continued). form of warrant of commitment of bankrupt to the custody of the the same when the time for surrendering has been enlarged, ii. warrant of commitment of bankrupt by a Subdivision Court, ii. warrant of commitment of bankrupt by commissioners, (country warrant must specify the questions, 272. may be made in the absence of the bankrupt, 274. gaoler permitting escape, penalty, 274. re-examination and re-commitment, 275. habeas corpus, 275. action, 276. bankrupt not discovering his effects, not delivering them up, bankrupt to deliver up books of accounts, papers, &c., 278. memorandum of his non-attendance, ii. 90. deposition of the service of the summons, ii. 89. habeas corpus, if witness be in custody, 279. præcipe for the writ, ii. 87. writ of habeas corpus thereon, ii. 87. the like by a Quaker, ii. 88. who may be examined, 280. and upon what subjects, 281. witness may have the assistance of counsel, 282. he cannot have copy of his deposition, as a matter of commitment for refusing to be sworn, or to answer, or and the same as to the bankrupt's wife, 280. warrant of commitment, 282. form of it, ii. 81. habeas corpus, &c., 283. witness's expenses, 284. examination of witnesses vivá voce, 8, 350, 354. in the Court of Review, in support of petition, 354. EXCHEQUER BILLS. See PUBLIC SECURITIES. EXCISE DUTIES, when and how far a lien upon the bankrupt's EXECUTION, proof by creditor who has taken property under, 142. trader procuring his goods to be taken under, in what cases an property of bankrupt seized under, in what cases it passes to in what cases the execution valid, though after an act of bank- upon a judgment by nil dicit, 142. by warrant of attorney, 250. EXECUTOR, subject to the bankrupt law, in what cases, 46. may be petitioning creditor, 68, 71. proof by, 149, 150. deposition, ii. 46. property in his hands, as such, does not pass to his assignees, 241. EXHIBIT, form of, ii. 51. EXPENSES of witnesses, in what case paid, 89, 284. form of undertaking to pay costs of, ii. 107. memorandum of commissioners having expunged a proof, ii. 107. in what cases it may be levied on the bankrupt's property, F. FACTOR, in what cases subject to the bankrupt law, 39, 40. may be petitioning creditor, 67. entitled to general lien, 216, 221. unless waived by contract, 220. FARMER, not subject to the bankrupt law, 44. FEES for enrolment, 5. of patentees' office abolished, ii. 163. payable to Secretary of Bankrupts, ii. 163. schedule, ii. 164. town commissions or fiats-none payable to officers of Court what payable under existing commissions, 314. except on auditing assignees' accounts, where no assets, 314. schedule of, ii. 164. of the messenger, ii. 172. unlawful, penalty for taking, 8, 16. |