80

Attorneys.-Stamps.

tunates; but the soundness or unsoundness of the insolvent lunatic's mind cannot be gone into, or can the question of fraud or criminality be then agitated, for, according to Mr. Cooke's Treatise on Insolvent Law, after the commissioners have inquired whether the arrest was bona fide made, and whether he has in other respects a locus standi, and after having made the necessary inquiries concerning the property, they are bound to discharge him.

It may finally be noticed, that in all cases of vexatious opposition, and frivolous applications against an insolvent, whether at his hearing or after his adjudication, the court have power to award costs against those who are the movers of unfounded complaints. On the other hand, the reasonable charges of opposing creditors or assignees are allowed out of the insolvent's estate, ss. 82, 87.*

None but those attorneys who are admitted by the court can be allowed to practise on behalf of debtors in custody, but in the compulsory cases all attorneys may practise, whether attorneys of the court or not, s. 114.

The proceedings of the court are exempted from the payment of stamp duty, as well as legal acts done under or by direction of the court or a commissioner, s. 116.

* The court seem to have no power to award costs in any other cases than these, and in the case of a reference to an examiner under the 74th section (p. 57, note), as the powers of the court to award costs are expressly limited to the cases mentioned in the act, s. 27.

INDEX.

ACCOUNTS OF ASSIGNEES.
to be audited, p. 66.

how to be kept, pp. 65, 66.

account must be given although estate not pro-
ductive, p. 67, note.
if not filed, how creditor is to proceed, p. 68, note.

ADJUDICATION.

See ASSIGNEES.

court may adjudicate notwithstanding fiat in
bankruptcy, p. 11, 51.
court may adjudge insolvent to be discharged
at a period not later than six months from
date of vesting order, p. 58.
three years, p. 59.

two years, p. 60.

or forthwith, p. 59.

the operation of, extends to sums payable by
way of annuity, p. 77.
and to all other debts mentioned in schedule,

76.
and to debts erroneously described, if no fraud,

AFFIDAVIT

77.

of opposing creditor may be received in evi-
dence on opposition, when, p. 57.

of opposed insolvent not receivable, ibid.

AGREEMENT FOR LEASE. See LEASE.

ALLOWANCE TO INSOLVENT;

from his estate for support, and for his expenses
of schedule, pp. 56, 61.
from his detaining creditor. See WEEKLY
ALLOWANCE.

G

ANNUITIES FOR LIVES,

or uncertain interests, to be disposed of at
discretion of the court, p. 64.

ARBITRATION,

not to be had without consent of creditors,
convened by advertisement, p. 65.

ARREST IN EXECUTION,

or on final process; explained, p. 3.
still retained, p. 14.

ARREST ON MESNE OR FIRST PROCESS,
what it was, p. 2.

abolished, except in particular instance, p. 14, 16.
may be resorted to at any stage of suit, p. 19.
proceedings on, p. 17.

ASSIGNEES,

property passing to, pp. 70, 71.
their duties, p. 64.

accounts, audit of, pp. 65, 66.

the practice of removing, p. 69.

how compelled to file accounts, p. 68, in note.
See also VESTING Order, Dividend, Reputed
OWNERSHIP.

ASSIGNMENT TO PROVISIONAL ASSIGNEE.
See VESTING Order.

ATTACHMENT,

the nature of this process against the person
explained, and when issued, p. 5.
when not relievable by insolvent or bankrupt

acts, ibid.

formerly gave no remedy against property of a

debtor, ibid.

AUDIT OF ASSIGNEES' ACCOUNTS. See

BAIL,

ASSIGNEES.

the mode of bailing a debtor described, p. 3.
the former practice of, not altered in the case
where arrest is still allowed, p. 19.

BALANCE SHEET,

general, what it should contain, pp. 53, 54.
special, what it should contain, form of, ibid.
BANK NOTES

could not formerly be taken in execution on a
judgment, p. 8.

by present act they may, p. 25.

BANK OF ENGLAND,

stock in, or stocks, funds or shares in any com-
pany, corporate or unincorporate; sheriff
empowered to seize notes or cheques of,

p. 25.
also, stock of or shares in Bank of England, or
any company whatever, may be charged by
order of judge, p. 30.
the order of judge, how to be made, p. 30, note, 31.
BANKRUPTCY,

process of explained, p. 12, note.

the "vesting" of bankrupt's estate, under a
second failure, explained, p. 49, note.
new act of, created, p. 22.

may now be taken in execution by sheriff, and
paid over to execution creditor, who may
sue for same in name of sheriff or officer
levying the execution, p. 26.

BOROUGH COURT OF SOUTHWARK.
INFERIOR COURTS.

CAPIAS AD RESPONDENDUM,
nature of, explained, p. 2, note.

See

CAPIAS IN NATURE OF NE EXEAT.
a writ of capias now substituted, which is only
to operate in case of intended departure of
debtor from England, p. 16.

CAPIAS AD SATISFACIENDUM,

nature of, explained, pp. 2, 3.

CLASSIFICATION OF DEBTS IN SCHEDULE.
See SCHEDULE.

COGNOVITS. See WARRANTS OF ATTORNEY AND
COGNOVITS.

COMPANIES,

corporate or unincorporate, stocks, funds, and
shares in, how dealt with.

ENGLAND.

See BANK OF

COMPULSORY PROCESS. See PETITION.

COMPOSITON,

not to be made with debtors without consent of
creditors convened by advertisement, p. 65.

CONTINGENT

TEREST,

AND REVERSIONARY IN-

court exercise a discretion in the disposal of,

CONVEYANCE,

p. 65.
made by insolvent in trust for creditors, void, if
made three months before committal, or if
made in contemplation of insolvency, p. 72.

CONVEYANCE, FRAUDULENT. See FRAUDU-
LENT CONVEYANCES.

COSTS,

in what cases insolvent debtors' court has power
to award, p. 80.
costs of removal of judgment from inferior court.
See INFERIOR COURTS.