The Law in ordinary cases of Bankruptcy.

Sect. 1. New Statutes, 35. Who may be bankrupts, 36-47:

bankers, 37; brokers, 37; scriveners, 37; under-

writers, 38; warehousemen, 38; wharfingers, 38;

packers, 38; builders, 39; carpenters, 39; ship-

wrights, 39; victuallers, 39; innkeepers, &c., 39;

dyers, 39; printers, 39; bleachers, 39; fullers, 39;

calenderers, 40; cattle or sheep salesmen, 40; persons

using the trade of merchandise, 40; persons using the

trade of merchandise, &c. in gross or by retail, 40; or

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, 46.

Sect. 2. The Acts of Bankruptcy, 48-66: departing the realm,

49; remaining abroad, 49; departing from his dwell-

ing-house, 49; otherwise absenting himself, 50; be-

ginning to keep house, 51; suffering himself to be

arrested for a debt not due, 53; yielding himself to

prison, 53; suffering himself to be outlawed, 53; pro-

curing himself to be arrested, or his goods taken in

execution, &c., 53; fraudulent conveyance, 54; frau-

dulent surrender of copyholds, 58; fraudulent transfer

&c. of his goods, 58; with intent to defeat or delay

creditors, 58; lying in prison twenty-one days for debt,

60; escaping out of prison, 62; filing a declaration of

insolvency, 62; filing an affidavit of debt in the court

of bankruptcy, 63; filing petition in insolvent debtors'

court, 64; giving money or security to a creditor who

has struck a docket against him, 65; by members of

parliament, 460; by traders in India, 462.

Sect. 3. The Petitioning Creditor's Debt, 66-77: what, 66;

when accrued, 72; how proved, 75; defects in it, how

aided, 76.

Sect. 4. The Docket and Fiat, 77-90: the affidavit, 77; the bond,

79; the petition, 80; the fiat, 83; renewed fiat, 86;

auxiliary fiat, 90.

Sect. 5. Opening the Fiat, and declaring the Party a Bankrupt,

90-98: commissioners' oath, 91; summons for wit-

nesses, 92; proof of the petitioning creditor's debt, 93;

proof of the trading, 94; proof of the act of bank-

ruptcy, 94; the adjudication, 95; provisional assignee,

95; advertisement in the Gazette, 96; summons of the

bankrupt, 97; bankrupt's surrender, 97.

Sect. 6. Seizure of the Property by the Messenger, 98-99: in

England, 98; in Ireland, 98; in Scotland, 98; search

warrant, 99; obstructing the messenger, 99.

Sect. 7. Proof of Debts, 99-166.

1. What debts:-debts, legal or equitable, 99; when due

and payable, 105; covenants, 106; bonds, 107; bills of

exchange and promissory notes, 109; damages, costs,

&c., 115; interest, 118; rent, 119; servants' wages

and apprentice fees, 119; annuities, 121; contingent

debts, 123; where there are mutual debts, 125; proof

by sureties, 132; proof by creditors holding securi-

ties, 136; proof upon bottomry or respondentia bonds

or policies of insurance, 150; proof by wife, child,
&c., 151.

2. How proved :-by whom, 155; when and where, 157;

how proved, 157; how and in what cases claimed, 159;

privilege of the creditor from arrest, 160.

3. Effect of proof, 160.

4. Reduction and expunging of proof, 165.

Sect. 8. The Choice, &c., of Assignees, 166–178.

1. Official Assignees :-appointment, 166; death or re-

moval, 168.

2. Creditors' Assignees : — who may be chosen, 168;

when, where, how, and by whom chosen, 169; death

or removal of, 171; appointment of banker, &c. 173.

Sect. 9. The Appointment of Assignees, and what passes under

it, 178-269.

1. The appointment ;-property vested by, 178; to what

time it relates, 178; property how to vest in new

assignees, 180.

2. What Property passes under the Appointment, 181;

fee-simple estate for life, &c., 182; estate tail and

base fee, 184; copyholds, 192; leaseholds, 193; con-

ditional estates, 196; powers, 200; personal property,

201; debts and other choses in action, 202; property

of others in the bankrupt's possession, order, or dis-

position, 207; property of the bankrupt in the posses-

sion of others, 223; property of the bankrupt's wife,

242; stock in the public funds, &c., 244; estates in

joint-tenancy, &c., 237; the bankrupt's future pro-

perty, 245; where situate, 246; penalties and forfei-

tures under the statute, 247.

Exceptions:-property in the bankrupt's possession in

auter droit, 247; conveyances, contracts, executions,

&c. without notice, 254; payments by or to the bank-

rupt without notice, 259; payments by or to the

bankrupt with notice, 262; delivery of his goods, &c.

to the bankrupt, without notice, 263; notice, what,

263.

3. Concealment and discovery of the bankrupt's pro-

perty, 264.

4. Sale, Management, or Disposition of the Property,

264.

Sect. 10. The Bankrupt's Surrender, 269-275; when, 269;

time for, how enlarged, 270; how surrendered if in

custody, 272; his privilege from arrest, 272; allow-

ance to the bankrupt until his examination, 274.

Sect. 11. The Bankrupt's Examination, 275-287: the sum-

mons, &c., 275; examination and commitment, 276;

warrant, 280; re-examination and re-commitment,

283; habeas corpus, 283; action, 285; not discover-

ing his effects, not delivering them up, or embezzling

them, felony, 286.

Sect. 12. Examination of other Persons relative to the Bank-

rupi's Estate, 287-293: summons, &c., 287; wit-

ness's privilege from arrest, 288; examination and

commitment, 288; warrant, 291; habeas, &c.,

witnesses' expenses, 293.

291;

Sect. 13. The Certificate, 293-309: to be signed by the cre-

ditors, 294; to be signed and sealed by the commis-

sioners, 297; to be allowed, 298; in what cases sus-

pended, stayed, recalled, or void, 299; its effect, 303.

Sect. 14. The Dividend, 309-320: assignees' accounts audited,

309; dividends declared, 310; final dividend, 314;

remedy for dividends, 315; unclaimed dividends, 317.

Sect. 15. Costs, 320-329: what and by whom payable, 320;

taxation of them, 323; remedy for them, 327.

343;

its

Sect. 16. Annulling the Fiat, 329-349: how annulled, 329; in

what cases ordered, 329; when, 340; how,

effect, 348; Procedendo, 348.

Sect. 17. Petitions and Motions, 349-384: in what cases, 349;

by whom, 351; within what time, 352; the petition,

353; signing, 355; service of it, 358; affidavits and

evidence in support of it, 361; affidavits in answer,

365; affidavits in reply, 366; examination vivâ voce,

366; the hearing, 367; reference, 370; issue, 370;

the order, 373; costs, security for, 374; costs, 375;

re-hearing and appeal, 381; special case, 383.

Sect. 18. The Assignees, 384-422.

1. Official Assignees :- their duties, 384; disabilities

and liabilities, 385; allowance, 386.

2. Creditors' Assignees :—their rights, 387; their duties,

389; their liabilities, 391.

Actions by and against them :—what actions, 393; who

to be parties, 397; declaration, 399; defence, 400;

evidence, 402; witnesses, 414; judgment, &c., 416;

costs, 416; action commenced by bankrupt, and con-

tinued by the assignees, 417. Suits in equity, &c., 417.

Effect of the death or removal, &c. of assignees, 421.

Sect. 19. The Bankrupt, 422–434: his duties, 422; his rights,

privileges, and disabilities, 424; actions, &c., by or

against him, 431; death of bankrupt, 433.

Sect. 20. The Creditor, 434.

CHAPTER II.

Of Partners; and herein, of Joint and Separate Fiats,

435-459.

Act of bankruptcy, 435; petitioning creditor's debt, 435; fiat, 435;

opening the fiat, and declaring the party a bankrupt, 437;

seizure of the property by the messenger, 438; proof of debts,

438; expunging proofs, 450; choice of assignees, 450; the ap-

pointment of assignees, and what passes under it, 451; the

bankrupt's surrender and examination, 456; the certificate, 456;

dividend, 457; costs, 457; annulling fiat, 458. The assignees,

458; the bankrupts, 459.

CHAPTER III.

The Law relating to the Bankruptcy of Members of Parliament,

460-461.

CHAPTER IV.

Fiats against Traders in India,

462-469.

Petitioning creditor, act of bankruptcy and fiat, 463; bankrupt's

surrender, 464; proof of debts, 465; choice of assignees, 465;

assignees, property passing to, 465; order of discharge and cer-

tificate, 466; dividend, 469.

APPENDIX.

Places for which Commissioners have been appointed, 471: Judges

and Officers of the Court of Bankruptcy, 473.