INDEX.

The Reference simply to s. 129, or as the case may be, is to the Bankruptcy Act, 1869.
The Reference "D. A." is to the Debtor's Act, 1869.

The Reference "B. R." is to the Bankruptcy Repeal and Insolvent Court Act, 1869.
The Reference "G. R." is to the General Rules of 1870.

The Reference "Reg. Gen." is to the Regulæ Generales issued by the Common Law Judges,
Michaelmas Term, 1869, and printed in this Volume.

ABOLITION

of officers and offices of the old London Court of Bankruptcy, provided for,
s. 129.

an act of bankruptcy, by a trader, when with intent to delay creditors, s. 6,
par. 3, G. R. 65: p. 383. The debtor, returning, may be heard against
adjudication, p. 384.

ACCOMPLICE

of bankrupt, his prosecution may be allowed out of the court fund, p. 223.

ACCOUNTANT IN BANKRUPTCY,

transferred to New London Court, s. 129.

ACCOUNTANTS IN BANKRUPTCY,

their bills to be taxed by the proper officer, G. R. 1871, 4.

ACCOUNTANTS IN LIQUIDATION PROCEEDINGS,
their bills to be taxed by the proper officer, G. R. 1871, 5.

ACCOUNTS OF BANKRUPT,

penalty for false. See FRAUDULENT DEBTORS.

ACT, THE,

the term to mean the Bankruptcy Act, 1869; G. R. 1.

ACT OF BANKRUPTCY DEFINED, s. 6; and see p. 375 et seq.

conveyance or assignment of property to trustee for benefit of creditors
generally.

fraudulent gift, conveyance, delivery, or transfer of property, or any part
thereof.

departing out of England, or remaining out of England, or (in case of a
trader) departing from dwelling-house, or otherwise absenting himself, or
beginning to keep house; suffering oneself to be outlawed, in each case
with intent to defeat or delay creditors.

filing a declaration of inability to pay his debts.

(in case of a trader) seizure and sale of goods under execution, for not less
than 50%.

non-payment after debtor's summons.

must have been committed within six months before the bankruptcy petition,
8. 6.

must be one expressly declared by statute, p. 375.

as to acts of bankruptcy by assignment of substantially all the debtor's pro-
perty, p. 376.

notice of assignment, to creditor, renders any debt contracted with him by
bankrupt, after such notice, not provable, s. 31.

ACTIONS

against debtor may be restrained after presentation of bankruptcy petition
s. 13; or, after adjudication, may proceed as the Court shall think fit, ib.
and see LIQUIDATION.

suits, or other legal proceeding relating to the estate to be brought or de-
fended by the trustee, s. 22, s. 25, par. 3, s. 83. Principles regulating,
illustrated, p. 53.

by trustees must not be for mere personal injury, p. 54.

unless upon an agreement to pay money on account of it, p. 55.

nor for trespass on lands or goods in the actual possession of a trader bank-
rupt, p. 55.

what is to be deemed criterion of damages, p. 56.

in respect of personal labour of bankrupt, p. 57.

in respect of right of action in bankrupt's wife, p. 58.
joint, with partner of bankrupt, p. 58.

ADJOURNMENT

of meetings of creditors, s. 84, G. R. 93.

ADJUDICATION

upon act of bankruptcy by declaration of inability to pay, may, with the
consent of debtor, be made forthwith, G. R. 42, p. 391.

where act of bankruptcy is non-payment under debtor's summons, not to be
made pending application for discharge of summons, or where summons
has been dismissed, or during stay of the proceedings, G. R. 41, p. 391.

ADJUDICATION-continued.

where act of bankruptcy is that the debtor, being a trader, has departed from
his dwelling-house or otherwise absented himself, the petition may be heard
forthwith, on sealed copy of the petition being left at usual or last known
place of business of the debtor, G. R. 65. Such service must be proved by
affidavit, p. 391. The debtor, however, if he appear at the hearing, may
resist adjudication, p. 384.

where proceedings are stayed under one petition, the Court may, on the peti
tion of another creditor, adjudge the debtor bankrupt, s. 9.

disputed, notice of, to be given to the registrar, G. R. 36; but see p. 396.
a debtor intending to show cause against adjudication, must file with the
registrar notice of statements which he disputes or denies, and send copy
thereof to the creditor three days before the hearing, ib. p. 395.

if debtor does not appear at the hearing, Court may make adjudication with-
out further proof, G. R. 37.

requisites disputed may be proved again at the hearing, unless the Court shall
otherwise direct, G. R. 38, p. 396; and see p. 399, but only those disputed,
p. 397.

adjournment of hearing may be granted, if necessary, for production of further
evidence, G. R. 38.

petitioning creditor not attending the hearing, disqualified from presenting a
second petition against the same person, without leave of the Court, G. R.
39, p. 395.

personal attendance of petitioner, and of witnesses to prove the debt, trading,
and act of bankruptcy, may be dispensed with, G. R. 40, p. 398.

after establishment by verdict of petitioning creditor's debt, under s. 9, pro-
cedure to obtain, G. R. 43.

order of (Form 26) to be gazetted and advertised in local paper, s. 10, G. R. 45,
to date from the order, s. 10; Gazette containing the order to be conclusive
evidence, ib.; and evidence of jurisdiction, p. 374.

on adjudication, certificate declaring registrar to be trustee to be filed, s. 18,
G. R. 46, p. 402.

on adjudication, no creditor to have remedy against bankrupt or his estate,
except as provided by the Act, s. 12; saving the rights of secured creditors,
ib.

on adjudication, property to become divisible among creditors, s. 14; and see
PROCEDURE TO ADJUDICATION: ANNULLING.

ADMISSION OF DEBT,

by debtor to the bankrupt, being made, order for payment may issue, s. 98.
ADVERTISEMENT

of order of adjudication; see ADJUDICATION.

of close of bankruptcy; see CLOSE OF BANKRUPTCY.

of any proceedings, memorandum of, to be made by registrar, and filed with
the proceedings, on delivery by the person inserting it, of copy of Gazette
or paper, G. R. 13. See GAZETTE.

of, within the discretion of the Court, p. 402.

AFFIDAVIT IN MATTERS OF BANKRUPTCY,

may be sworn (1.) In the United Kingdom before a court having jurisdiction
in bankruptcy, or a judge thereof, or officer thereof authorised to administer
oaths in that court, or before a person authorised to administer oaths in the
Superior Courts of Law or Equity, or before a justice of the peace, or in
case of proof, before the trustee. (2.) In the British dominions out of the
United Kingdom, before any court, judge, justice of the peace, or any
person authorised to administer oaths there in any court. (3.) Out of the
British dominions, before a British minister, consul, vice-consul, or notary
public, or before a judge or magistrate, his signature being authenticated
by his official seal, G. R. 157.

the term to include statutory declarations, affirmations, and attestations upon
honour, G. R. 1.

must be divided into short numbered paragraphs, in the first person,
G. R. 151.

must state deponent's name, address, and description, and what facts are
within his knowledge, ib. 152.

if made by more than one person, names, dates, and places, as to each, must
be inserted in jurat, G. R. 153.

may be rejected for informality, G. R. 154; or by reason of erasures or of
illegible writing, or of alterations or blottings occasioning illegibility, or of
unauthenticated interlineations, ib. 155.

manner of administering the oath and of filling up the jurat, in the case of a
blind or illiterate deponent, G. R. 156.

when made by clerk or agent, on proof for principal, must set forth his autho-
rity, and that the debt is within his own knowledge and unpaid, G. R. 68.
in support of petition under ss. 125, 126, Form 107.

for proof of debt, with or without security, Form 32. The same by agent of
company, Form 34.

for obtaining, supporting, or opposing any motion or order, or on showing
cause as to such order or rule to be filed with registrar, two days before
the hearing, G. R. 54. No affidavit or reply or rejoinder, to be used except
by leave of the Court, ib. The registrar to endorse date when left, and
to file affidavit with proceedings, ib. Affidavit so left not to be delivered
to any person whatever except by order of the Court, G. R. 55.

verifying signatures to nomination of receiver or manager in liquidation, G.
R. 262; G. R. 1871, Form 4.

AGENT

of bankrupt, holding property of his, to deliver the same to the trustee; in
default, guilty of contempt, s. 93.

none to be employed by trustee without leave of the inspectors, s. 29.

AGGRIEVED PERSON,

any person, aggrieved by any act of trustee, may apply to the Court, s. 20.
any person, interested in disclaimed property, may apply to the Court,
8. 23.

any person, aggrieved by trustee's estimate of his claim, may appeal to the
Court, s. 31.