In order to render the work more useful as a book of practical reference, the plan in familiar use as laid down by Archbold, Deacon and others, has been adopted, preserving those cases and decisions which were applicable to the Statute Law of Ireland. By these means it is expected that the necessity of referring to books of practice grounded upon statutes not in operation here, and intended for Courts wholly different from ours, will in future be obviated. The only deviation of importance from the course usually laid down in the books of practice, will be found at p. 39, where the great increase in the number of Acts deemed "Acts of Bankruptcy," suggested the propriety of Classification, which it is hoped will be satisfactory to the Profession. The number of persons liable to Bankruptcy, being by the recent Act considerably extended, suggested also the collection of all under one Alphabetical List, and not two, as heretofore, see p. 17, et seq. The Tabular views will be found of great practical use. They are formed on the model given by the late lamented Mr. O'DONOGHUE, whose great industry and still greater accuracy prepared the way for all subsequent writers on the subject. Advantage has been likewise taken of Mr. DARLEY's very ample notes on 6 W. 4, c. 14, in his edition of the statutes, 1836. In forming the Tabular views, it was thought better to include the sections of the English Consolidation Act, 1849; that being the only Bankrupt Act, with some trifling exceptions, to which all future decisions in England must be directed. These Tables will be found an improvement on Mr. O'DONOGHUE'S-(inventis facile addere)-by containing a triple reference, and affixing the page of the work to each section; so that the reader can at once refer, without consulting any other work, to the very words of the required section, whether that section be in the English or Irish Acts. In referring to a corresponding section, the date of the commencement of its Act is given, in order to facilitate searches through the cases. If the section be repealed, the repealing Act is named, and also the time from whence the repeal took place; and if, as often occurs in the case of the Consolidation Act, the section or its substance be renewed, the number of the re-enacting section is given likewise; so that future decisions thereon may be made applicable in solution of difficulties occurring in the Irish Acts. In some few instances a quere has been affixed to the word repealed, thus-rep. (?), as with 2 & 3 W. 4, c. 114, Eng., p. 268, a doubt existing as to the effect of the revival of that statute, by its being recited in the body of the English Consolidation Act, whilst its schedule professed to repeal it. This view has been since confirmed by Lord Brougham, in a paper of observations accompanying a new Consolidation Bill for England, laid upon the table of the Upper House, dated 31st of January, 1850 (2 a). The defects in that statute are, however, capable of easy amendment by a short Act. Reference should always be had to English decisions upon the subject of this work, as Bankrupt Law in Ireland is in a very subordinate condition compared with that of England, and wisdom would suggest the adoption of the mature and tried experience of others, although at the sacrifice of originality, real or supposed. To specify more minutely the entire order of the work in this place would be superfluous; as it is hoped a casual glance at its pages will at once exhibit its nature with sufficient clearness; failing which, no efforts in a preface could avail. Of the statutes, the most recent is, for obvious reasons, placed first, and next the hitherto leading Bankrupt Act, 6 W. 4, c. 14. After which, the remainder of the statutes will be found chronologically arranged. The Practice will be found greatly assisted by chapter 8, p. 77, wherein is given a short narrative unencumbered by details, of the Jurisdiction in Bankruptcy in England, with a concise description of its different Courts and powers; which, to those acquainted only with the simple structure of our Irish Bankruptcy Court, often appears embarrassing, and leads to confusion, simply through want of a short explanation. At foot of the Index is a short Table giving several sections of 6 W. 4, c. 14, superseded, or repealed, or governed by those of 12 & 13 V., c. 107. It was, in truth, an afterthought, suggested during the compilation of the Index itself, as its position testifies; and, although not as extensive as it might be, will be found useful in relieving the pain and uncertainty of search. The greater part of the Text was finished and printed off before the case in re Cramptons came before the Court, which will account for the absence of any notice thereof at foot of section 4 of 12 & 13 Vic., c. 107, page 83, where it naturally would have been noticed. The case was this:-After Commission issued, and before adjudication, charge was made by the Petitioning Creditor upon two separate affidavits (copies whereof are at p. 358) bringing the Bankrupt under that section. A warrant (which see at p. 359) was issued by the Commissioner, whereupon he was arrested and committed to prison. Forthwith upon being "adjudged Bankrupt under such Commission," he applied for a writ of habeas corpus, which, after full argument and consideration upon adjournment, was granted by Mr. Justice MOORE, whereupon the Bankrupt was enlarged. In the notes at foot of that and the following section this case will be found to have been anticipated, together with others which must inevitably arise when fit opportunities occur. No credit is claimed for these anticipations; the result being too palpable to have escaped the commonest observer, as long as the original section and copy were placed side by side. On reference it will be seen that an attempt was made, by inserting a clause not in the original, to convert it to a different use from that which the framers of the corresponding section designed. The Commissioner in England cannot so commit, being restricted by 1 & 2 W. 4, c. 56, s. 7, Eng., as set forth in p. 84, n., and the Legislature, in its endeavour to bestow larger powers on the Commissioners here, was devoid of due circumspection. The introduced passage appears in Italic in the Text, in accordance with the design of this work, and it affords a happy illustration of the value of the plan laid down, that at one single view the defect in the enactment should appear evident to the humblest capacity. TABLE OF CONTENTS. INTRODUCTION. The Bankrupt Law, its commencement in England, 2; Act against the Lom- bards, (25 Edwd. IV.,) 2; Preamble of first statute affecting Englishmen, (Henry VIII.,) 3; Short Review of the progress of the Bankrupt Law in England from the reign of Henry VIII., to that of Victoria, 3, 4; Same in Ireland from its first intro- Who may be Bankrupts, 17; 6 W. 4, c. 14, s. 18, 17; 12 & 13 Vic., c. 107 List of Traders.-Alum-makers, Apothecaries, Auctioneers, Bankers, 18; Bleachers, Brick-makers, Brokers, 19; Carpenters, Callenderers, Cattle and Sheep Salesmen, Carriers, Coach Proprietors, Cow Keepers, Dyers, Fullers, Innkeepers, Insurers of Ships or their freights, &c., 20; Keepers of Inns, Taverns, &c., Limeburners, Livery Stable Keepers, Market Gardeners, Millers, Printers, Packers, Scriveners, 21; Ship Owners, Ship Wrights, Trade or Mer- chandize, Victuallers, 22; Warehousemen and Wharfingers, Persons living by Buying and Selling, or Buying and Hiring, or by Workmanship of Goods, &c., The Law as to Buying and Selling, 23; as to Buying and Letting for Hire, 25; as to Workmanship of Goods and Commodities, 26; as to Legality or Illegality, of Buying or Selling, its effects in Bankruptcy, 27; as to Smuggling, 27. Who are not Traders, 27; Farmers, Graziers, Common Labourers, &c., Receivers General of Taxes, 28; Member or Subscriber to any Incorporated, &c., Their division into two classes. Class 1.-Acts accompanied by legal fraud with intent to defeat or delay Creditors. Class 2.-Acts simply raising a pre- sumption of Insolvency. Sub-division of same into voluntary and involuntary, CLASS I. Acts with intent to defeat or delay, &c., 31; Departing the Realm, 31; Being out of the Realm and remaining Abroad, 31; Departing from Dwelling-house, 31; Otherwise Absenting oneself, 32; Beginning to Keep House, 33; Suffering oneself to be Arrested for Debt not Due, 35; Yield- ing to Prison, 35; Suffering Outlawry, 35; Procuring an Arrest or Attach- ment, &c., of Goods, 35; Making Fraudulent Grants or Conveyances, 35; or Fraudulent Surrenders of Copyhold, 39; or like Gift or Transfer of All the above with intent to defeat or delay, with cases and decisions bearing CLASS II.-Acts simply raising a presumption of Insolvency, 42; Division of same into voluntary and involuntary, 42. First Subdivision.-Voluntary Acts of Bankruptcy, 42; Escaping from Custody, 43; Compounding with Petitioning Creditor, 43; Executing Trust Deed, &c., 45; Filing a Declaration of Insolvency, 45; Filing Petition in Insolvent Debtors' Court, 46; (or Declaration under 12 & 13 Vic.,) 46; or Petition for Arrangement under same Act, 47. Second Subdivision.-Involuntary Acts of Bankruptcy, 47; Lying in Prison for Twenty-one Days, 48; Privileged Trader not Paying, &c., upon Creditor Filing Affidavit, 49; Same not Paying Money under Order of Court, 49; Trader not appearing to Creditor's Summons (under 12 & 13 Vic.,) 49; Appearing, but refusing to admit, &c, 50; Appearing and Signing an Who may be, 53; Amount of Debt necessary for same, 53; where £50 due, £70, £100, 53; Uncertificated Bankrupt may be, 53; not under second Com- mission, unless 15s. paid, 53; nor if twice an Insolvent, 53; nor Executor to a Bankrupt for debt due before, 53; nor Trustee alone, 53; nor married woman, 54; Husband, 54; Executrix, 54; Landlord, 54; Partners, 54; Joint Obligees, Must be Legal, not Equitable, 54; and not for Illegal consideration, 54; |