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.
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.
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.
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
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.
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
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-
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,
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.
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,
&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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