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K. Kearsley v. Woodcock .. 3 Hare, 185....... Kelly, Hughes v...... 2 Conn. & Law, 223 Kirkpatrick v. Tattersell.. i C. & K. 577.

Bills and Notes ..... 757

783 Certificate


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Lackington v. M'Lachlan 5 Scott, N. R. 874.. Execution

769 Lane v. Burgbart 1 Ad. & Ell. N. S. 933 Future Debt

774 Lawrence v. Lawrence....

3 Dowl. N. S. 219 .. Warrant of Attorney 806

§ 4 M. & S. 972...... Leake v. Loveday

791 Pleading 5 Scott, N. R. 908 .. Execution


Notice Lindon v. Sharpe....


785 7 Scott, N. R. 730..

Act of Bankruptcy .. 747 Linnet v. Chaffers 1 Dav. & Mer. 14 Execution

770 Liversedge, Doe v.... 11 M. & W. 517 .... Assignees...

753 Lloyd, Gore v....

12 M. & W. 463.... Act of Bankruptcy 747

S 5 Scott, N. R. 908

770 Loveday, Leake v. 4 M. & G.972...... Pleading


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Mackersey v. Ramsay.. 9 Cl. & Fin. 818.... Agent

750 Magee, Jackson v. .. 3 Adol. & E. N. S. 48 Proof

793 Magnay, Belcher 0....... S 3 Dowl. N. S. 441

770 12 M. & W.102 . Malcolm, Bowinan v. .... 11 M. & W.833. Lien ....

... 780 Manning, Fletcher o. 1 Car. & Kir. 350 Petitioning Creditor . 789

5 Man. & Gr. 675 Marsh v. Woolley

6 Scott, N. R. 555 Protection from Arrest 795

3 Dowl. N. S. 84 M.Lachlan, Lackington v. 5 Scott, N. R. 874 Execution

769 Meggison v. Foster...... 2 Y. & C. C. C. 336 Voluntary Deed .... 805 Meredith, Woodward v... 2 Dowl. & L. 135 Costs

765 Molyneux, Brancker v. 4 M. & G. 226 Petitioning Creditor 790 Mullick, Clark v...... 3 Moore, 252

768 Muskett, Gibson v.... 4 M. & G. 160



Evidence ..

Newcastle-upon-Tyne and

North Shields Railway 3 Ad. & Ell. N. S. 734 Lien ....
Company, Hawthorn v.

... 779

Olivier, Smallcombe o.

2 Dow. & L. 217
3 Dow. N. S. 1

Ouchterlony v. Gibson .. {i Dow: N. S. I

: } Costs

Annulling Fiat...... 751

764 Cases.


Title in Inder, Page.

Pariente o. Pennell .... 2 Moo. & Rob. 517 Reputed Ownership . 797
Pennell, Pariente 0.... 2 Moo. & Rob, 517 Reputed Ownership . 797
Pinches v. Harvey

1 Ad. & Ell. N. S. 868 Execution Pott o. Bevan

Banker and Customer 756 1 Car. & Kir. 335.

... 749 Pritchard, Cook v. ..... So Scott, N. R. 34....


... 773
( 5 Man. & Gr. 329
v. Hitchcock .. 6 Scott, N. R. 851 .. Fiat


... 769

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Raleigh, Atkinson v.
Ramsay, Mackersey v.
Robson o. Jonassohn
Rogers v. Grassbrook....
Rouch o. Great Western

Railway Company

3 Ad. & Ell. N. S. 79 Court of Review .... 766
9 Cl. & Fin. 818.... Agent.

8 Scott, N. R. 35.... Messenger

781 12 Sim. 557.....

Payment into Court.. 788

S Act of Bankruptcy .. 747
1 Ad. & Ell. N. S. 51


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Sadler o. Belcher..... 2 Moo. & Rob. 489 Banker and Customer 756
Sayer, Herbert o.
2 Dowl. & L. 49.... Pleading

Scott o, Crawford
4 M. & G. 1031 Lien ..


785 Sharp, Lindon

7 Scott, N. R. 730 .

Act of Bankruptcy .. 747 Shaw, Johnson v...

4 M. & G. 916 Interpleader.... 776 Sherborn, Lord Hunting- 5 Beav. 380........ Bills and Notes ... 758

tower 0. Sherren, Edwards v.

SIM. & W. 595...

1 Dowl. & L. 338
Skerrington o. Yates .. 11 M. & W. 42 Husband and Wife .. 775
Sidebotham 0. Barrington

5 Beav. 261.....

753 Smallcombe v. Olivier.. 2 Dowl. & L. 217 .. Annulling Fiat... 751 Spencer, Beales v.

2 Y. & C. C. C. 651 Husband and Wife .. 775 Steer, Green c.

1 Ad. & Ell. N. S. 707 Bills and Notes 760 Stillwell o. Bracher. 3 Dowl. N. S. 251 .. Costs

765 Stone, Collis o.

3 G. & D. 625..... Warrant of Attorney. 806 Stubbs, Flather o. 2 Ad. & Ell. N. S. 614 Stamp

.. 801

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} Advertisement...... 748

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Tattersall, Kirkpatrick v.
Thorold, Exp. re Thorold
Toppin 0. Field ....
Townley, Alexander ....


1 C. & K. 577......

1 Phill. 239

Advertisement.. 748 3 Gale & Dav. 340.. Contingent Debt .... 763 5 M. & G. 300,.... Pleading



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Woolley, Marsh v.

Protection from Arrest 795

Yates, Sherrington v. .... Yorke, Biffin v.

6 Scott, N. R. 555 3 Dowl. N. S. 84....

Y. 11 M. & W. 42 5 M. & G. 428

Husband and Wife.. 775 Execution




5 & 6 Vict. c. 122.

An Act for the Amendment of the Law of Bankruptcy.

[12th August, 1842.)

WHEREAS it is expedient to amend the law of bankruptcy: and whereas by an act passed in the reign of his late majesty, intituled " An Act to establish a Court in Bankruptcy,” va- 1 & 2 Will. 4, rious alterations were made in the administration of the law c. 56. of bankruptcy, which have by experience been found beneficial, and it is advisable to extend the provisions and regulations contained in the said act: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That the provisions of this act, unless Commencement

of this act. where otherwise herein specially provided, shall commence and take effect from and after the eleventh day of November

next. of 2. And be it enacted, That all laws, statutes, and usages Laws at varishall be and the same are hereby repealed, in so far as they

ance with this

act repealed. may be inconsistent or at variance with the provisions of this act; provided always, that the same shall continue in force in all other respects whatsoever. 3. And be it enacted, That in every case of a petition for Petitioning cre.

ditor's bond may the issue of a fiat in bankruptcy, it shall be lawful for the be dispensed Lord Chancellor to dispense, if he shall think fit, with the with. bond now required to be given to him by the petitioning creditor, conditioned for proving his debt, and for proving the party to have committed an act of bankruptcy at the time of issuing such fiat, and for proceeding upon such fiat; and in such case it shall be lawful to issue the fiat, without any

such bond having been given.


Fiats in bank 4. And be it enacted, That every fiat in bankruptcy granted ruptcy to be transmitted di

after the commencement of this act shall, after the granting rect to the court of such fiat, be forthwith issued and transmitted by the Lord authorized to act in the prosecu.

Chancellor's secretary of bankrupts, in such manner, and at tion thereof, and such cost, as the Lord Chancellor by any general or other forthwith

order shall direct, to the court to which such fiat shall be opened, unless postponed by

directed under and by virtue of the powers of any act now in the court.

force or of this act, and shall be forthwith opened, unless

such court shall in its discretion think fit to postpone the In case fiat is opening of such fiat: Provided always, that if such fiat shall not opened petitioning cre not be opened by the petitioning creditor within three days ditor in the time after it shall have been so transmitted, or within such exallowed.

tended time as shall be allowed by the said court, such court is hereby authorized to open such fiat, at any time within fourteen days then next following, upon the application of any other creditor to the amount required by this act to constitute a petitioning creditor, and to adjudicate thereon, upon

the proof of the debt of such creditor, and of the other requiNo fiat to be

sites to support such fiat: Provided always, that no such fiat issued to petitioning creditor, shall be issued to the petitioning creditor, or his attorney or

agent. Person against 5. And be it enacted, That whenever any fiat in bankwhom a fiat in bankruptcy has ruptcy shall have issued against any person, and it shall be issued, on proof proved to the satisfaction of the court authorized to act in the of probable

prosecution of such fiat, that there is probable cause for because for be. lieving that he lieving that such person is about to quit England, or to reis about to quit England, or to move or conceal

any of his goods or chattels, with intent to defraud his creditors, unless he be forthwith apprehended, it ceal his goods, with intent to

shall be lawful for such court to issue a' warrant, directed to defraud cre- any person or persons such court shall think fit, whereby ditors, may be arrested.

such person or persons shall have authority to arrest the person namned in such fiat by his body, and also to seize his books, papers, monies, securities for monies, goods, and chattels, wheresoever he or they may be found, and him and them safely keep until the expiration of the time allowed for opening such fiat, or until such person shall be adjudged bankrupt under such fiat, and be thereon dealt with under such fiat,

according to the laws relating to bankrupts. Any person so

6. Provided always, and be it enacted, That it shall be arrested may apply for his lawful for any person arrested upon any such warrant, or for discharge forth. any person whose books, papers, monies, securities for with.

monies, goods, or chattels have been seized under any such

remove or con

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