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BAIL, continued,

what offenders may be bailed by a justice of peace, II.
1162

in what cases bail must be taken before 2 justices, II.
1163

penalty for bailing those not replevisable, II. 1163

penalty for corruptly refusing or accepting bail, II. 1163
See EXAMINAtions, RecogNIZANCES.

BAILIFF

of franchise required to take same oath as under-sheriffs,
I. 222

of seneschal of manors to give security, II. 72
BALLOTING. See JURIES, MILITIA.

BANKERS

their conveyances (except leases not exceeding 3 lives
or 31 years) to be registered within what period after
execution, I. 552

their grants, &c. of real estate or leasehold interest to
children or grand children, while bankers, void against
creditors, I. 552

their receipts after stopping payment no discharge, I.

553

after absconding, &c. their conveyances void, and their
estates and effects subject to debts without regard to
priority, except debts contracted before they became
bankers, or those duly registered; and their persons
only protected if members of parliament, I. 553

within 3 calendar months after stopping payment they
may vest their estates, &c. in trustees to be approved
by the majority of the creditors, or by the lord chan-
cellor, I. 553-4

payments by trustees made with consent cf creditors or
chancellor, I. 553-4

such trustees controllable and removable by chancellor,
I. 553-4

persons entrusted with public money not to be bankers,
&c. I. 555

not to issue notes, &c. payable with interest, I. 555

their notes, &c. if not paid on demand liable to interest,
1.555

payment to be demanded within 3 years after they quit
business, &c. I. 556

liable to be declared bankrupts, I. 615

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the names of all the partners to be mentioned in their
notes, &c. Ad. I. 43

not to trade as merchants singly, or in partnership with
others, Ad. I. 43

when, upon stopping payment, they vest their estates, &c.
in trustees, they shall be discharged from their debts
upon obtaining a certificate signed by two thirds of
their creditors, in number and value; such certificate of
conformity to be verified by bankers, Ad. I. 44, &c.

1

BANKERS, continued.

chancellor may allow certificate though not signed as re-
quired by the act, Ad. I. 45

See ANONYMOUS PARTNERSHIPS, FORGERY, LARCENY.
BANK OF ENGLAND AND IRELAND

restrained from payments in cash, I. 614. Ad. II. 253
affidavit to hold to bail to deny tender in their notes, II.
197. 200. Ad. II. 253

persons receiving or paying their notes or bills for less
than amount expressed therein, how punished, Ad. I.
92. Ad. II. 513

their notes a good tender in cases of distress for rent,
executions, &c. and lodging money, &c. Ad. I, 92. Ad.
II. 514-5-6

persons counterfeiting, &c. the dollars and tokens issued.
by these banks, or bringing them, &c. into the realm.
with intent to utter the same, transported, II. 496, 9.
500. Ad. I. 89. Ad. II. 336. 353

persons uttering such false dollars, &c. how punished,
and former convictions how certified, II. 497. 9.500. Ad. I.
90. Ad. II. 337, 8. 354

persons having more than one such counterfeit dollar, &c.
in England (or more than 5 in Ireland) without lawful
excuse, how punished; and houses of suspected persons
how searched, &c. II.497-9. 500. Ad.I. 90. Ad.II.337,8.
354

in England persons uttering, &c. counterfeit tokens, &c.
a second time within 10 days, or having more than one
in their possession, how punished, &c. Ad. II. 337-8
in Ireland bank tokens taken in payment of the revenue,
11. 500-1. Ad. II. 354

issue and circulation of bank dollars and tokens when to
cease, Ad. II. 343

BANKRUPT

who may become, and by what acts, I. 615

farmers, graziers or drovers, &c. not entitled to be, as
such, I. 616

in England traders having privilege of parliament deemed
bankrupts, if money due not paid, &c. in 2 months after
personal service of summons: and their persons only
privileged if act of bankruptcy committed, I, 616-7
privileged trader to appear to process in 2 months, or
deemed bankrupt, &c. I. 617-8

privileged trader deemed bankrupt in default of payment
of money within 8 days after service of order of chan-
cery or exchequer, I. 618

analogous law in Ireland as to privileged traders, I. 619
commoners declared bankrupt, incapable of sitting or vo-
ting for 12 months, unless commission superseded or
debts satisfied, Ad. II. 212

if commission not superseded, &c. within 12 months, seat
of member vacated, Ad. II. 212-3

amount of petitioning creditor's debt; affidavit, &c. ve-

BANKRUPT, continued,

rifying, and bond to the chancellor conditioned for pro-
ving debt and and bankruptcy, I. 620

debt of petitioning creditors residing abroad how veri-
fied, I. 621

security payable in futuro may ground petition, I. 620
petitioning creditor receiving a partial payment forfeits
his whole debt, and new commission granted, I. 620
commissioners how appointed: their power over his bo-
dy and estate; their oath, I. 622. 638, &c.

assignees how chosen; who to vote in choice of assignees,
I. 623

provisional assignees appointed, and removable at first
meeting, I. 623

new assignment ordered by chancellor supersedes the
appointment of assignees by commissioners or creditors,
I. 624

to surrender to commissioners in 42 days after notice, &c.:
not surrendering and discovering property, &c. felony
without benefit of clergy, I. 624-8

time for surrendering appointed and enlarged, I. 625
to deliver up books and assist in making out accounts,
I. 625

privileged from arrest in coming to surrender, and dur-
ing examination, I. 626

upon certificate of commissioners of proof of bankruptcy,
judge or justice of peace may grant a warrant for ap-
prehending him, &c. I. 626

if bankrupt is in prison under execution, or cannot be
brought before commissioners, the commissioners, &c.
shall attend him to prepare his discovery, I. 627
brought up before commissioners for final examination,
though in prison under execution, Ad. I. 48
commissioners may compel bankrupt and his wife, or other
persons, to appear before them to be examined touch-
ing estate of bankrupt, I. 628, 9. 630

commissioners may examine bankrupt viva voce, or upon
interrogatories in writing, I. 631

examination of bankrupt or other persons to be reduced
to writing, and subscribed by such bankrupt, &c. I.
631
party refusing to answer fully, or subscribe his examina-
tion, committed to prison by commissioners; such com-
mittal to specify particular questions, &c. I. 631
penalty on gaoler for permitting bankrupt, &c. so com-
mitted to escape; or for not producing such person to
any creditor who shall produce commissioners' certifi-
cate of his having proved his debt, I. 632

reward for discovering property concealed by bankrupt,

I. 632

penalty for trustees', &c. not discovering in 42 days after
commission, I. 632

"commissioners may break open houses, &c. of bankrupt,
and seize his body, goods, &c. 1. 633.

BANKRUPT continued,

allowance to bankrupt out of estate, as reward of con-
formity, I. 633, 4

certificate of conformity evidence of trading, &c. and
a bar to the recovery of debts due before bankruptcy,
unless obtained unfairly, &c. I. 633, 4

certificate, in what form; three-fifths of creditors in num-
ber and value, their debts not being less than £20. to
sign it; signatures thereto how verified: certificate
allowed by chancellor, or judges to whom chancellor
shall refer it: no commissioner to sign until the proper
number of creditors' signatures thereto, I. 634, 5.
Ad. I. 49

creditor in foreign parts may sign certificate by attorney,
1. 635

securities to induce the signing of certificate, void, I. 635
certificate signed by a fictitious creditor, void, I. 635
certificate discharges from subsequent execution, &c.
upon judgments prior thereto, I. 635

no benefit of act to bankrupt who shall have given above
£100. upon child's marriage, (unless proof of his hav-
ing at the time sufficient to pay his debts); or who
shall have suffered certain losses by gaming or by
stockjobbing contracts, I. 636

in Ireland bankrupt debarred from certificate by not keep-
ing regular books; but chancellor may, upon petition,
allow it, I. 636

where commission issues against person discharged by
certificate or by insolvent act, or who compounded with
his creditors, body only free; but future estate liable,
(tools, &c. excepted) unless the estate pays in Eng-
land, clear 15s. in the pound; but in Ireland the fu-
ture estate liable, unless there be sufficient fully to sa-
tisfy all the creditors, I. 637

certificate does not discharge co-partners or co-obligors,
I. 637

notwithstanding certificate, bankrupt compellable to at-
tend, upon notice from assignees, in order to settle ac-
counts, &c. 1. 637

the commissioners empowered, &c. to sell, by deed in-
dented and inrolled, his estate and effects, for satisfac-
tion of creditors, I. 638

vendees of copyhold lands to settle with lords of manors
for fines, I. 638

́estates tail conveyed (no réversión, &c. being in the king)
by deed indented, &c. I. 638

commissioners to redeem and sell his mortgaged premises,
I. 639

property acquired, &c. after bankruptcy, vested in com-
missioners, I. 639

where his interest under lease or agreement is accepted
by assignees, he shall be no longer liable for rent,

d

BANKRUPT continued,

1

&c. proceeding to compel assignees to elect whe.
ther they will accept or not, Ad. I. 48

goods (by consent of owner) in possession and disposi-
tion of bankrupt, sold, I. 640

in Ireland, goods in his custody by consignment or fac-
torage excepted, I. 640

creditors by judgment, &c. to be paid only rateably, un-
less execution executed before bankruptcy, I. 640

in Ireland judgments obtained by default, confession, or
nil dicit, after bankrupt becomes a trader, to be paid
rateably with other debts, I. 640

executions and attachments executed, &c. 2 months be-
fore commission without notice of prior act of bankrupt-
cy or insolvency, valid but commission, though su-
perseded, notice, if act of bankruptcy actually commit-
ted, Ad. I. 49

fraudulent extents in the name of the king set aside by
commissioners, I. 640

conveyances, unless on child's marriage, or for valuable
consideration, void: but purchases not impeached, un-
less commission within 5 years after the bankruptcy,
I. 641

debts due to bankrupt sold, and purchasers to have all
remedies, I. 641-

persons paying debts, or delivering goods to bankrupts,
without knowledge of bankruptcy, protected; but
such persons affected by notice to those acting on their
behalf in such payments, &c. I. 641. Ad.II. 213, 4
creditors receiving price of goods sold, or amount of bill
of exchange, without notice of bankruptcy or insol-
vency, also protected, I. 642

all transactions by and with bankrupt 2 calendar months
before date of commission, without notice of bank-
ruptcy or insolvency, valid, I. 642

the issuing of a commission constructive notice, if act of
bankruptcy actually committed at the time of issuing
it, I. 642. Ad. I. 49

debts payable in futuro, paid with a rebate of interest,
I. 643. Ad. I. 52*

bottomry or respondentia bonds, and policies of insurance,
may be claimed as debts, and dividend thereon, though
loss and contingency happen after issuing of the
commission, I. 643. Ad. I. 51

persons effecting policies of insurance may prove on be-
half of those beneficially interested, if out of the king-
dom, Ad, I. 50,

annuity creditors may prove for the value of annuity, Ad.
1. 50

mutual debts set off by commissioners or assignees, I. 643.
debts contracted after act of bankruptcy, but before com-

*It was omitted to observe (I. 613.) that the rebate of interest by the
11 & 12 Geo. 3, c. 8. Ir. was £6 per cent.

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