Abbildungen der Seite
PDF
EPUB

DOCKET-(continued).

to whom directed, 81.

within what time to be prosecuted, 84.

by suing it out, creditor elects to proceed under it, and
not by action, &c., 86.

auxiliary, what, 87.

adjudication, 91.

memorandum thereof, ii. 18.

provisional assignee, 92.

in what cases, 92.

memorandum of appointing provisional assignee, ii. 20.
advertisement in the Gazette, 93.

form of it, ii. 24.

in what cases suspended, 93.
summons of the bankrupt, 94.
form of it, ii. 22.

how served, 94.

bankrupt's surrender, 94.

DOCUMENTS directed to be filed in the Court of Bankruptcy
must be filed with the Registrar of the Court, 3.

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
bankrupt law, 45.

pension to an officer of, does not pass to the assignees,
177.

EAST INDIES. See INDIA.

ECCLESIASTICAL BENEFICE must be presented to by the
bankrupt, and not by the assignees, 177, 194.

ELECTION of creditor to come in under the fiat, 154, 158.
the like of petitioning creditor, 86.

of bankrupts to proceed by petition or action, 331.
EMBEZZLING property by bankrupt, felony, 277.

ENROLMENT OFFICE, 4, 5.

ENROLMENT, CLERK OF,

appointed by the judges of the Court of Bankruptcy, 4.
to have the custody of records in bankruptcy, 4.
shall enter proceedings, &c. of record, 5.

fees for entering, 5.

ENROLMENT of proceedings under the fiat, 4, 398.
EQUITY OF REDEMPTION passes to assignees, 190, 215.
EQUITY SUITS, by assignees, 404, 406.

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-
pointment, without assignment, 172, 194.

real, to vest in assignees by their appointment without con-
veyance, 172, 175.

ESTATES TAIL AND BASE FEES :-

:-

commissioners may dispose of lands of any tenure, of which
the bankrupt is tenant in tail, 178.

what estate shall be created by the disposition of commission-
ers, 178.

commissioners may dispose of lands of any tenure, of which
bankrupt is tenant in tail, entitled to a base fee, 179.
in case of a protector of the settlement, the commissioner shall
stand in place of the bankrupt in regard to the consent of
the protector, 179.

effect and operation of disposition by the commissioners, 180.
deed of disposition by the commissioners, not of copyholds, to
be enrolled, 180.

and deed of disposition of copyholds to be entered on court
rolls, 180.

deed of consent of protector of settlement of copyhold lands,
if a distinct deed, must be entered on court rolls, within
what time, 180.

and have such entry indorsed thereon, 180.

if the deed of disposition of commissioner, by reason of the
want of protector's consent, shall create a base fee only,
and during the existence of the base fee there shall cease
to be a protector, the base fee shall be enlarged, 180.
the same of lands sold under other bankrupt statutes, 181.
effect and operation of disposition of the commissioner in con-
firming purchase from the commissioners for a valuable
consideration without notice of voidable estate, 181.
acts and deeds of bankrupt tenant in tail affecting such lands,
when void, 182.

in what cases the death of the bankrupt tenant in tail shall not
affect the disposition of the commissioner, 182.

the disposition of the commissioner of copyhold lands under
statute 3 & 4 Will. 4, c. 74, where the estate is not
merely equitable, shall operate as a surrender, 183.
and purchaser may claim to be admitted, and hold, &c., 183.
assignees may recover rents and profits of lands which the
commissioners may dispose of under 3 & 4 Will. 4, c. 74,
(the same being copyholds, or such other lands as the
commissioner may dispose of after the bankrupt's death),
and may enforce covenants, conditions, and agreements,
as if entitled to the reversion, 183.

ESTATES TAIL AND BASE FEES-(continued).

pleadings and evidence in actions by assignees to recover rents,
&c. of such lands, 183.

what provision of the 3 & 4 Will. 4, c. 74, to apply to lands
in Ireland, 184.

but the deed of disposition of lands in Ireland must be en-
rolled in the Court of Chancery there, and not in the
Court of Chancery in England, 184.

how far, and in what manner, to apply to lands to be sold, the
purchase-money of which is subject to be invested in
lands to be entailed, and to money to be laid out in land
to be entailed, 184.

and to lands to be sold, &c. and money to be laid out in
like manner in Ireland, 185.

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.
refusal or admission of, gives right of appeal, 23.

judges and commissioners of Court of Bankruptcy may re-
ceive, viva voce, or on affidavit, 8, 350.

no commission, adjudication, assignment of bankrupt's per-
sonal estate, or certificate of conformity, to be received in
evidence unless enrolled, 4.

See ASSIGNEES, Actions by and against them.

EXAMINATION

of the bankrupt, 266.

summons and warrant, if the bankrupt be at large, 266.
form of the summons, ii. 22, 80.

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.
last examination, when, 268.

memorandum of the last examination, ii. 63.
time enlarged, 268.

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,
bankrupt may be committed, 269.

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
messenger, (town fiat), ii. 72.

the same when the time for surrendering has been enlarged, ii.
72.

warrant of commitment of bankrupt by a Subdivision Court, ii.
74.

warrant of commitment of bankrupt by commissioners, (country
fiat), ii. 75.

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,
or embezzling them, felony, 277.

bankrupt to deliver up books of accounts, papers, &c., 278.
of witnesses, relative to the bankrupt's estate, 88, 278.
summons and warrant, if the witnesses be at large, 88, 278.
form of the summons, ii. 19, 86.

memorandum of his non-attendance, ii. 90.

deposition of the service of the summons, ii. 89.
warrant, ii. 90.

habeas corpus, if witness be in custody, 279.
affidavit for it, ii. 86.

præcipe for the writ, ii. 87.

writ of habeas corpus thereon, ii. 87.
same, as to the bankrupt's wife, 279.
witnesses' privilege from arrest, 279.
examination and commitment, 279.
deposition, ii. 88.

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
right, 282.

commitment for refusing to be sworn, or to answer, or
to answer satisfactorily, 280, 282.

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
estate, 173.

EXECUTION, proof by creditor who has taken property under,

142.

trader procuring his goods to be taken under, in what cases an
act of bankruptcy, 53.

property of bankrupt seized under, in what cases it passes to
the assignees, 229.

in what cases the execution valid, though after an act of bank-
ruptcy, 142, 229, 247.

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.
EXPUNGING OF PROOFS, 158.

form of undertaking to pay costs of, ii. 107.

memorandum of commissioners having expunged a proof, ii. 107.
EXTENT,

in what cases it may be levied on the bankrupt's property,
173, 250.

F.

FACTOR, in what cases subject to the bankrupt law, 39, 40.
property of others in his possession as factor does not pass to
his assignees, 242.

may be petitioning creditor, 67.

entitled to general lien, 216, 221.

unless waived by contract, 220.

FARMER, not subject to the bankrupt law, 44.
FEE-SIMPLE ESTATES pass to the assignees, 175.

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
of Bankruptcy, other than provided, ii. 163.

what payable under existing commissions, 314.

except on auditing assignees' accounts, where no assets, 314.
fees of the Chief Registrar, ii. 161.

schedule of, ii. 164.

of the messenger, ii. 172.

unlawful, penalty for taking, 8, 16.

« ZurückWeiter »