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cando, is to be understood in so very butcherly a light; which many learned men have with reason doubted. (ƒ) Nor do I mean those less inhuman

f Taylor, Comment in L. Decemviral. Bynkersh. Observ. Jur. I. 1. Heinecc. Antiq. III. 30. 4.

to elect, and allowed them ten days for consideration. 1 Rose, 446. n. 1 ib. 57. A parol agreement, of which a specific performance might be decreed, is not within the statute. 2 Rose, 85. Covenants with respect to off-going crops, manure, &c. are to be observed. Buck, 83 85. 87. 1 Rose, 445. A surety for the performance of covenants is not discharged by the bankruptcy. 1 B. M. 196. "Assigns" does not mean assigns by operation of law, but voluntary assigns. 2 Eq. Ab. 100. 7 Vin. Ab. 85. 3 Wils. 234. 15 Ves 512. But landlord may provide against as signments by operation of law, therefore a proviso of re-entry upon tenants committing an act of bankruptcy, is good. 2 T. R. 135. 8 East, 185. And a limitation of property by will, as an annuity to cease and determine, if upon any account it is alienated, is good, and determines by bankruptcy of the annuitant, 6 T.R. 684. 5 Madd. 482. sed vide 18 Ves. 429. 1 Rose, 199.; or his taking the benefit of the insolvent act. 13 Ves. 404. 3 Meriv. 184. The giving goods in exchange for other goods, or a bill of exchange, which is paid when due, are payments protected by the statute, 7 T. R. 711.; so payment bona fide for goods bought without knowledge of previous act of bankruptcy. 2 B. & C. 413. overruling 3 Stark. 72.; but an advance of money, not in payment of a debt, is not, 8 T. R. 199. ; nor a purchase on sale, or return, not paid for. 2 Stark. 306. Payment to landlord about to distrain, is protected, 5 Esp. 200 1 Bing. 261.; so if enforc ed by coercion of law. Stark 147. A mortgagee, who has no notice of an act of bankruptcy, may tack subsequent advances to the prior mortgage. Fortes. 65. 2 Vern. 156. Sugd. V. & P. 720. sed vide 13 Ves. 183. 1 Sch. & Lef. 152. 11 Ves. 609. Assignees may be compelled to pay loss upon a delay of sale, if a creditor has previously required them to sell. 1 Ves. Jun. 168. 6 Ves. 622. sed vide 17 Ves. 514. So if they buy in, without authority, upon resale. 1 G. & J. 69. 355. May sell by private contract, if not objected to. 2 Rose, 66. Commissioners, assignees, and solicitor, are incapable of purchasing, 5 Ves. 707. 10 Ves. 381. unless under special order. 1 G. & J. 12. 187. 4 Madd. 459. Assignees are bound to make good title, like ordinary vendors, Sugd. Vend. & Purch. 324. 11 Ves. 337. 18 Ves. 512. 12 Ves. 277. unless the contrary be stipulated, 4 Madd. 364.; on selling a lease they cannot require a covenant of indemnity. 1 Meriv. 244. 1 Bro. C. C. 52. 1 V. & B. 8. See also s. 78. Joint Property under separate Commission-Under a separate commission against one partner of a firm, the assignees take all the separate property, and all his interest in the joint property, and are tenants in common with the solvent partner from the time of the act of bankruptcy; 1 Ves 252. Cowp. 445. 1 East, 363. 368. 4 Ves. 397.; though if partners dissolve, divide the property, assign by deed, and take possession, without the interposition of creditors, it is valid; yet where this is done fraudulently, to permit one to remove the property out of the reach of the joint creditors, it is invalid, 4 Bro. C. C. 423. 2 Ves. J. 244. 1 Rose. 416.; but insolvency of the partnership at the time will not per se invalidate a dissolution fairly made. 1 Madd. R. 355. As to Property accruing to the Bankrupt between his Bankruptcy and his Certificate.-He may ac quire property, and retain it against any person except his assignees, Stra. 1207. Co. B. L. 406. Peake R. 140. 1 Esp. R. 140.; and maintain actions for it, 7 T. R. 391. 1 B. & P. 44. Esp R. 170. 1 Holt R. 172. 3 Moore. 96. unless it has been demanded by the assignees, 1 B. & P. 565. 7 East, 53. whose legal right against the bankrupt continues, though they have accepted a valuable consideration from a third party to allow property to be given up to him, pursuant to an agreement at a meeting of creditors, 3 B. & A. 225.; and may surrender their interest to a subsequent creditor, even to defeat an action brought by the bankrupt against such creditor, for entering his house and carrying off goods acquired after the bankruptcy. 1 B. & B. 282.

Ninthly, Of Executions against, and Liens upon, the Bankrupt's Property.-Sect. 108. reenacts, that creditors having securities for their debts, or having made any attachment in London, &c., by virtue of any custom, &c., shall not receive more upon any such security than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of, or lien upon, property before the bankruptcy, (adding) "provided that no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable with such creditors." This latter proviso prevents any creditor, after the 1st Sept. 1825, obtaining any preference or advantage by a judgment obtained by default or cognovit, or on a warrant of attorney.

Decisions. In case of adverse executions, there must be an actual levy by seizure before act of bankruptcy. 3 Lev. 191. An execution of the writ by delivering the warrant to a shopman of the trader, where there are no bound bailiffs, has been holden not to be a sufficient execution to protect the property from passing to the assignees for want of levy and seizure. 2 Campb. 48. An extent binds the property from the teste of the fiat. Dyer, 67. 2 Ves. 295. West on Ext. 58. A seizure under process for a debt to the crown, also binds the property before actual assignment, though the sale may take place after. Stra. 968. As to the lien of the crown, see further Doug. 411. 416. n. 6 T. R. 436. Cullen, 252. All the property in a foreign country is vested in the assignees by the assignment, except where there is a positive law of that country to prevent it. Cullen, 244. Therefore, where after the assignment a creditor, knowing it, and residing in England, attach the money of the bankrupt abroad, 4 T. R. 182. or before assignnent, but after an act of bankruptcy, 1 Hen. Bla. 665. the assignees were held entitled to reco

laws (if they may be called so, as their meaning is indisputably certain) of imprisoning the debtor's person in chains; subjecting him to stripes and

25.

has

ver. See also 2 H. B. 402. 4 T. R. 193. n. sed vide 3 Meriv. 279. A lien exists as long as the party continues in possession; if he once relinquishes possession, the lien is gone. Amb 252. 1 East, 4. But it must be voluntary, for if a master be turned out of possession, on his vessel being recaptured, he does not lose his lien. 2 Eden, 181. Nor where property is delivered upon the faith of proceedings which turn out to be invalid. 2 T. R. 113. 12 Ves. 6. 1 Mont. Dig. 493. On the other hand, lien does not arise where possession has been obtained by fraud or false representations. 1 Stark. R. 272. sed vide Co. B. L. 547. 1 B. & C. 514. Where goods are of a perishable nature, an agreement to give them up and await the legal event, does not destroy the lien. 1 Mont. Dig. 492. Whitaker on Lien, 73. Equitable Mortgages.-A deposit of titledeeds amounts to an equitable mortgage, 1 Bro. C. C. 269. 2 Cox, 12. 9 Ves 115. 11 Ves. 403. 13. Ves. 114. 14 Ves. 606. 17 Ves. 369.; as court-rolls, 1 Rose, 286. 19 Ves. 202. ; leases, 1 Rose, 432. Where part of the deeds only are deposited, the intention of the parties must be considered. Buck, 525. A deposit as a security for the purpose of having a mortgage prepared, is an equitable mortgage, 1 Rose, 374. ; if for that purpose, but not expressly as a pledge for securing a particular sum, no lien attaches. 2 Cox, 243 12 Ves. 192. and see 17 Ves. 227. 1 Rose, 26. 299. 19 Ves. 209. 477. Buck, 165. 1 V. & B. 79. 1 Meriv. 7. 2 Rose, 328. A deposit or further credit will not give a lien for past advances. 3 Madd. 34. 1 Turn. 274. Advances upon a lease in the hands of another person, gives no lien. 1 Rose, 199. 19 Ves. 209. Pledges.-The same rules apply generally to pledges. A person cannot acquire a greater lien than the person pledging possesses. 2 T. R. 376. 2 Sch. & Lef. 279. 1 Campb. 121. Though a factor cannot pledge so as to give a lien, except he is allowed by his principal to exhibit himself as owner. 1 M. & S. 140. 147. Yet a banker may pledge indorsed bills, for he has the greater power of discounting them. 2 Esp R. 520. 1 B & P. 648. 8 Taunt. 100. 4 B. & A. 1. 1 Rose, 238. 19 Ves. See also 2 Campb. 579. 1 Rose, 355. Liens by custom.-Wherever the possessor such a lien against the owner, he has the same lien upon his bankruptcy against his assignees. 2 Christian, 125. Factors have such lien, Amb. 252. 6 Price, 369. Cowp. 251. 2 Burr. 991.; but he cannot retain property obtained by a false representation, 2 Stark. 272. sed vide Co. B. L. 429. 1 B. & C. 514.; the goods must be in his actual possession, 3 T. R. 119. 3 Price, 547.; may be destroyed as all other liens by special agreement. 6 T. R. 258. Bankers. See 1 Esp. 66. 5 T. R. 488. 494. 7 Taunt. 276. 1 Moore, 29. Brokers. Co. B. L. 429. 1 East, 335. 2 Campb. 218. 4 ib. 60. Park on Ins. 605. Attorney has on judgments and papers, 4 T. R. 123. 16 Ves. 258. 18 Ves. 282. 1 M. & S. 535. 2 B. & C. 616. 1 Swa. 1. 4 Taunt. 807.; but not on deeds against the remainder-man, 2 Sch. & Lef. 279. 2 T. R. 376. ; also on money recovered, and costs, Tidd Prac. 329. 1 Swa. 84. 1 Wils. 96. 2 Rose, 237.; but it is not general for costs, &c. in other suits, 4 Madd. 391. He has no lien upon the will of his client. 18 Ves. 294. 1 Turn. 87. And a town-agent, only for his agency in the particular cause. 15 Ves. 297. 1 Bing. 20. 2 D. & R. 6. A wharfinger has a general lien. 1 Esp. R. 109. So, it is said, has a packer. 1 Atk. 228. So calico-printers. Co. B. L. 429. 3 Esp. R. 268. Dyers and fullers have particular lien only. Burr. 2220. 2 Chit. R. 456. 8 Taunt. 499. Except where special custom for general lien fully established. 1 East, 2. 4 Esp. R. 53. Whitm. 130. 8 Taunt. 500. So has a printer on part not delivered for the charge of printing the whole work. 3 M. & S. 167. Owner for freight, but not for dead freight, or damages for the freightor not putting a full load on board. 15 East, 547. See also 3 M. & S. 205. 2 Meriv. 401. But if the owner demise the ship by charter-party, he has no lien for freight, Cowp. 143. 4 M. & S. 228. 2 Marsh. 339. 7 Taunt. 114.; unless there be no express words of demise. 2 Moore, 278. 294. 2 B. & A. 503. Shipwright has a lien for repairs done in England till possession is parted with. 1 Atk. 228. 1 Madd. R. 61. 2 Rose, 91. 4 B. & A. 341. 19 Ves. 474. 2 Rose, 194 3 V. & B. 135. Master has not, though officers and mariners have. Doug. 101. 9 East, 426. 1 B. & A. 575. 3 B. & C. 647. Part-owner can have no lien. 2 V. & B. 242. 2 Rose, 76. Consignee has for wages and repairs paid after she came to his possession. 2 East,227. A special agreement for general lien is valid. 6 T. R. 14. Waiver or Devestment of Lien.-A solicitor taking a promissory note, payable in three years, waives his lien on papers. 16 Ves. 275. See 1 M. & S. 535. 1 Turn. 91. So, obtaining an order to tax bill and prove from the amount. Buck, 351. A special agreement does not of itself destroy the right to retain, but does so only where it contains some term inconsistent with that right, see 5 M. & S. 190. Buck, 351.; as delivery of the goods, and payment at a future day. 4 B. & A. 51. 1 G & J. 228. 1 S. & S. 434. See also 2 Stark. R. 590. 3 B. & A. 497. Fixing the price of labour to be done to a commodity, though delivered to the workman at different times, does not waive his lien. 5 M. & S. 180. But claiming to retain on other grounds is a waiver of lien. 4 Campb. 410. n. Vendor's lien continues while the goods are in his possession. 1 Rose, 306. 7 East, 571. 11 East, 210. Of land for unpaid purchase-money. 1 Bro. C. C. 424. Eden's Ed. 2 Rose, 79. 1 Mad. R. 346. 1 G. & J. 228. As to the effect of acceptance of securities, see Sugd. V. & P. c. 12. ; generally the taking a security will not of itself discharge his equitable lien. 15 Ves. 350. 1 G. & J. 228. 1 S. & S. 434. 9 Price, 544. Stoppage in Transitu.-The general law, as applicable to cases of bankruptcy, is the same as between parties, neither of whom has become bankrupt, for which see ante 448, note (17). Where goods had been consigned to the bankrupt, and the provisional assignee went to the inn and put his mark upon them, but did not take them away, it was held, that the transitus had ceased, and the vendor

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hard labour, at the mercy of his rigid creditors; and sometimes selling him, his wife and children, to perpetual foreign slavery, trans Tiberim: (g)

g In Pegu and the adjacent countries in East India, the creditor is entitled to dispose of the debtor himself, and likewise of his wife and children; insomuch that he may even violate with impunity the chastity of the debtor's wife, but then, by so doing, the debt is understood to be discharged. (Mod. Ca. Hist. vii. 128.)

could not claim them. 3 T. R. 464. See also 14 East, 308. But the transitus is not at an end while a ship is performing quarantine. 2 Esp. R. 240. Return of Goods by Insolvent Consignee. If the consignee, suspecting his insolvency, refuse to receive the goods, and the consignor consent to rescind the contract, and to accept them, the property remains in the consignor; but if consignee accept the goods, he cannot return them with a view to prefer the consignor, Stra. 165. 10 Mod. 432. Fortes 353. 5 T. R. 211. 2 B. & P. 119. 4 Campb. 89. Nor where a sale is complete by actual delivery, to give the seller a preference over the other creditors, 6 T. R. 80. 2 East, 117.; but may, though insolvent, if no undue preference. 5 East, 175. But where the vendee wished to return the goods, and the vendor instituted an attachment to attach them in the hands of a packer, as the property of the vendee, who afterwards became bankrupt, this was considered an election, and that the vendor could not recover the goods of the packer in trover. 2 T. R 402.

Tenthly, Of Suits and Proceedings, by and against assignees, and evidence, dividends, &c.— Sect. 88. re-enacts, that assignees may, with consent of creditors, declared at any meeting duly summoned, compound or submit disputes to arbitration, or commence suits in equity, (adding) provided that if one-third in value of such creditors shall not attend any such meeting the assignees shall have power, with the consent of the commissioners testified in writing, to do any of the matters aforesaid. Sect. 89. re-enacts, that assignees of one or more parties who has become bankrupt, may, being authorized by the chancellor, use the names of such assignees, and of the remaining partner or partners in any action at law, or suit in equity; and partners whose names are so used shall be indemnised, and receive proceeds upon petition. Sect. 90. re-enacts, that in any action by or against any assignee, (adding) " or in any action against any commissioner, or person acting under the warrant of the commissioners, for any thing done as such commissioner, or under such warrant, no proof shall be required at the trial, of the petitioning creditor's debt or debts, or of the trading, or act or acts of bankruptcy respectively," unless the other party in such action shall, if defendant, at or before pleading, and if plaintiff, before issue joined, give notice in writ ing to such assignee, commissioner, or other person, of his intention to dispute, &c.; and if the matter so disputed be proved, or the other party admit the same, the judge at nisi prius may certify that fact, upon which the costs occasioned by the notice shall be added to the costs, if the assignee, &c. obtain a verdict; or deducted from the costs if the other party obtain the verdict. Sect. 91. is to the same effect with respect to suits in equity. The notice to be valid must be within ten days after rejoinder. Sect. 92. enacts, that the depositions on which the adjudication of the bankruptcy is founded, shall be conclusive in actions or suits by assignees for any debt, &c. of the bankrupt, unless he dispute the commission within two months, or if out of the united kingdom at the time, within twelve months after adjudication. Sect. 93. enacts, that if the assignees commence any suit hefore that time allowed to the bankrupt to dispute the commission as aforesaid has elapsed, defendant shall be entitled, on giving notice, to pay the debt, or any part thereof, into court, upon which proceedings shall be stayed, and after the time has elapsed, assignees shall remove the same out of court. Sect. 94. enacts, that if the commission be superseded, persons from whom assignees have recovered or received bonâ fide debts, &c. of bankrupt, shall be discharged from the same claims by bankrupt, provided there be no notice to dispute the commis. sion as aforesaid. Sect. 95. re-enacts, that there shall be an office and officers for registering proceedings in bankruptcy. Sect. 96. enacts, that no commission, adjudication, conveyance, or cer. tificate, shall be received in evidence, unless so entered of record as aforesaid. The fee on entry of each, with certificate thereof indorsed, is 2s. except the certificate of uniformity, which is 68. The lord chancellor may direct entry of other matters. All persons shall be at liberty to search the same, and the certificate of entry indorsed, shall be evidence of entry. Sect. 97. reenacts, that office copies shall be evidence, and if originals be produced, the costs thereof not to be allowed on taxation, unless it appear their production was necessary. Sect. 98. enacts, that commissions, deeds, conveyances, and other instruments of every kind, relating solely to the estates and effects of bankrupts, shall not be liable to stamp duties, nor sales liable to auction duty. Sect. 99. re-enacts the liability to punishment of all persons guilty of perjury or false affirmation, in their examination, affidavits, &c. Sect. 100. re-enacts, that all forfeitures under the act, or on any conviction for perjury, may be sued for by the assignees, and deducting the expenses, divided among the creditors. Sect. 101. re-enacts, that assignees shall keep a book of account of the bankrupt's estate, which any creditor, who has proved, may inspect. (And further provides) that the commissioners may summon assignees, with all their books, papers, &c. before them; may issue their warrant to cause such assignees to be brought before them, on disobedience of summons, and to commit them, if they refuse to produce books, papers, &c. till they submit themselves to the commissioners. Sect. 102. re-enacts, that creditors may direct where the money arising from the bankrupt's estate shall be paid in, till divided. Sect. 103. re-enacts, that commissioners may direct such money to be vested in exchequer bills. Sect. 104. re-enacts, that assignee retaining, or employing for his own benefit, (adds) "or knowingly permitting any

an oppression which produced so many popular insurrections, and [473] secessions to the mous sacer. But I mean the law of cession, in

co-assignee so to retain or employ" any sum to the amount of 1001. or upwards, part of the estate of the bankrupt, (adds)" or shall neglect to invest any money in the purchase of exchequer bills, when so directed as aforesaid," shall be charged in his accounts with 201. per cent. interest on all such money, for the time of such retention, or neglect to invest as aforesaid. Sect. 105. reenacts, that if assignee become bankrupt, having bankrupt's estate wilfully retained, his certificate shall not discharge his future effects in respect of it. Sect. 106. enacts, that commissioners shall, at the last examination of the bankrupt, appoint a public meeting, not sooner than four calendar months after the issuing the commission, nor later than six calendar months from the last examination of bankrupt, whereof twenty-one days shall be given in the Gazette, to audit the accounts of the assignees, who inay be examined on oath touching the truth thereof. Sect. 107. re-enacts the method of making dividends. Sect. 109. re-enacts, that a final dividend shall be made within eighteen calendar months, except where suit depending, or estate standing out, &c. Sect. 110. enacts, that assignees having unclaimed dividends to the amount of 50l. who shall not, within six months after this act takes effect, or two calendar months after the expiration of one year after the declaration and order of payment of such dividends made by commissioners, either pay to the creditors entitled thereto, or cause a certificate thereof to be filed in the bankrupt office, with the names, &c. to whom due (signed by the assignees, and attested by their solicitor), shall be charged with legal interest thereon, from the time the certificate ought to be filed, and such further sum, not exceeding 201 per cent. per annum, as the commissioners may think fit. And the chancellor may order the investment of such dividends in the funds; and after three years the same shall be divided among the other creditors; and the creditors to whom such dividends were due, shall receive pari passu, on any subsequent dividend, and no more. Sect. 111. re-enacts, that no action shall be brought for dividends, but the remedy to be by petition to the chancellor.

Decisions.-Service of notice to dispute, &c. on the attorney of the assignee, is sufficient, but, leaving it with the maid servant at his dwelling-house, is not. 3 Taunt. 526. If the proceed. ings do not, on the face of them, shew a sufficient trading, act of bankruptcy, or petitioning cre ditor's debts, farther evidence may be adduced, and in all cases evidence may be given in sup port of the commission, although there is no notice to dispute, but at the risk of destroying the presumption in favour of its validity. 1 Stark. R. 458. n. 2 Moore, 474. If a defendant plead the general issue, without having given notice, he must move for leave to withdraw his plea, and plead de novo with such notice. 2 Čamp. 184. 6 Moore, 489.; see also 1 Stark. 328. A similar indulgence is granted in equity. 1 V. & B. 221. To render the proceedings evidence, it must be shewn that they came out of the custody of the solicitor to the commission, and so, though there has been no notice to dispute, Phil. on Evid. 367.; he is bound to produce them under the directions of the court. 5 Esp. R. 91. Holt, 239. 3 Stark. R. 38. The assignees are not en titled to costs on disputing, when they are nonsuited. 1 B. & B. 275. The 39 and 40 Geo. III. c. 104. depriving a plaintiff of costs who recovers less than 51. extends to assignees. 1 B. & A. 367.

Eleventh, Of the Bankrupt, his liabilities and rights.-Sect. 112. re-enacts, that bankrupt not surrendering to the commission before three o'clock upon the forty-second day after notice thereof personally served, if he be in prison, or if not, left at his last place of abode, and notice in the Gazette, of the issuing the commission, or not making discovery of his estate and effects, not delivering up goods, books, papers, &c., or removing or embezzling to the value of 102. shall be guilty of felony, and liable to a discretionary punishment, from imprisonment to transporta tion for life. Sect. 113. re-enacts, that the lord chancellor may "as often as he shall think fit from time to time," enlarge the time for bankrupt surrendering himself. (See also sections 118, 119.) Sect. 114. enacts, that the commissioners, before choice of assignees, and the latter after such choice, with the approbation of the commissioners, shall make such allowance to the bank. rupt out of bis estate, until he passes his last examination, as shall be necessary for support of himself and family. Sect. 115. re enacts, that bankrupt apprehended by any "warrant of the commissioners"), (instead of "judge's warrant"), shall have the same benefit on conforming, as if he had surrendered. Sect. 116. re-enacts, that bankrupt shall deliver up his books of account to the assignees upon oath, shall attend assignees on reasonable notice, shall be at liberty to in spect accounts, and, after certificate allowed, shall attend assignees in settling accounts, at 5s. per day, and may be committed for non-attendance. Sect. 117. re-enacts, that bankrupt shall be free from arrest till final examination, if not in custody at the time of surrender; and, if ar rested for debt, or on any escape warrant, on coming to surrender, he shall be discharged on producing the summons; or if officer detain him, o hcer shall forfeit 51. for each day, &c. to the bankrupt. Sect. 118. enacts, that commissioners may adjourn the last examination of bankrupt sine die, and he shall be free from arrest for such time not exceeding three months, as they shall, by indorsement on the summons, appoint, with like penalty upon any officer detaining him, &c. Sect. 119. re-enacts, that bankrupt in custody be brought before commissioners at any meeting," either public or private," at the creditors' expense. Sect. 120. re-enacts penalty of 100/. on persons concealing bankrupt's effects, and double the value of the estate so concealed, and allowance of 54 per centum to persons making discovery of bankrupt's estate, and such further reward as major part of creditors may think fit. Sect. 121. re-enacts bankrupt's discharge VOL. I. 98

troduced by the christian emperors; whereby if a debtor ceded, or yielded up all his fortune to his creditors, he was secured from being dragged to a

from all debts by certificate of conformity, (adds)" and from all claims and demands hereby made proveable under the commission;" but discharge of bankrupt is not to discharge his partner, or one jointly bound, or in joint contract with him. Sect. 122. re-enacts certificate to be signed by four-fifths in number and value of creditors above 201., or "after six calendar months from the last examination of the bankrupt," then, either by three-fifths in number and valse, "or" by nine-tenths in number of such creditors," before allowance by the lord chancellor. Sect. 123. provides for petitions for the allowance of certificates presented under 5 G. IV. c. 98. Sect. 124. re-enacts, that commissioners shall have proof by affidavit of the signatures of creditors; and if signature be by authority of creditor residing abroad, that must be attested by a notary public," British minister, or consul." Sect. 125. re-enacts, that contracts and securities to induce creditors to sign, shall be void. Sect. 126. re-enacts that any bankrupt who shall, after his certificate shall have been allowed, be arrested, or have any action brought against him for any debt, claim, or demand, hereby made proveable under the commission against such bankrupt, shall be discharged upon common bail, and may plead in general that the cause of action accrued before he became bankrupt, and may give this act and the special matter in evidence; and such bankrupt's certificate, and the allowance thereof, shall be sufficient evidence of the trading, bankruptcy, commission, and other proceedings precedent to the obtaining such certificate; and if any such bankrupt shall be taken in execution, or detained in prison, for such debt, claim, or demand, where judgment has been obtained before the allowance of his certificate, it shall be lawful for any judge of the court wherein judg ment has been so obtained, on such bankrupt's producing his certificate, to order any officer who shall have such bankrupt in custody, by virtue of such execution, to discharge such bankrupt without exacting any fee, and such officer shall be hereby indemnified for so doing. Sect. 127. re-enacts, where bankrupt has been bankrupt before, or compounded, or taken the benefit of the insolvent act, unless 15s. in the pound is paid, his future estate and effects "shall vest in the assignees under the commission, who shall be entitled to seize the same in like manner as they might have seized property of which such bankrupt was possessed at the issuing the commission." Sect. 128. re-enacts allowance to bankrupt of 5 per cent. and not exceeding 4001, if 10s. paid in the pound; 7 and not exceeding 500l., if 12s. 6d. ; 104. per cent. and not exceeding 6001. if 15s.; but if less than 10s. then so much as commissioners think fit, not exceeding 3 per cent. and S001. Sect. 129. re-enacts, that one partner may receive allowance, if entitled, from the joint and his separate estate, though the others are not entitled. Sect. 150. re-enacts, that bankrupt shall not be entitled to certificate or allowance, and certificate obtained shall be void, if he has lost by gaming or wagering in one day 201. or within one year next preceding his bankruptcy 2004.; or 2001. by stock-jobbing, in the same period; or shall after, or in contemplation of act of bankruptcy, destroy or falsify books, &c., or conceal property to the amount of 10/; " or, if any person, having proved a false debt under the commission, such bankrupt, being privy thereto, or afterwards knowing the same, shall not have disclosed the same to his assignees within one month after such knowledge." Sect. 131. enacts, "that no bankrupt, after his certificate shall have been allowed, under any present or future commission, shall be liable to pay or satisfy any debt, claim, or demand, from which he shall have been discharged by virtue of such cerfificate, or any part of such debt, claim, or demand, upon any contract, promise, or agreement, made, or to be made, after the suing out of the commission, unless such promise, contract, or agreement, be in writing, signed by the bankrupt, or by some person hereto lawfully authorized, in writing, by such bankrupt." It has been determined, contrary to some former decisions, that a bankrupt cannot be arrested on a subsequent promise. 1 B. & C. 116. Sect. 132. re-enacts, that in case of surplus, it shall be paid to bankrupt: " but, in such case, interest inust be paid; first, on all debts proved, that carry interest at the rate of interest received or payable thereon; and next, upon all other debts, at the rate of 4. per cent. to be calculated from the date of the commission. Sect. 133. enacts, that nine-tenths in number and value of creditors may accept a composition which shall bind the rest, and supersede the commission. Sect. 134. enacts, that in deciding upon such offer of composition, no creditor, whose debt is below 201., shall be reckoned in number, but the debt shall be computed in value. Creditors to the amount of 501. residing out of England, to have notice in time to vote at the meeting by letter of attorney attested, in the manner hereby required in voting for assignees. Creditors receiving gratuity, &c. for their assent, shall forfeit their debts, and the gratuity, &c.; and bankrupt may be required to make oath that no such transaction has taken place with his privity, and that he has not used any undue influence to obtain such assent as aforesaid. Sect. 135. enacts, that the act shall be construed beneficially for creditors; that it shall not alter the present practice in bankruptcy, except where expressly declared; shall extend to aliens, denizens, and women; that all the powers of the lord chancellor herein may be exercised by a lord keeper, or lords commissioners of the great seal. Powers of commissioners and assignees may be exercised by the major part thereof, or by one assignee, when only one chosen. Subsisting commissions are declared valid; and that the act shall not extend to Scotland or Ireland, except where expressly mentioned.

Decisions. The bankrupt's protection extends to the whole of the 42d day, 7 Ves. 317. Back, 60. and the whole of the day to which examination is enlarged. Buck, 424. against debts not proveable under the commission, 5 T. R. 209. to attachments for nonpayment of mo

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