EMOLUMENT,

appropriation of to creditors, see PAY.

ENGLAND,

orders in England may be enforced in Scotland and Ireland, and vice vered,
s. 73; Courts to be auxiliary, s. 74.

ENROLMENT.

certificate of appointment of trustee, to be deemed conveyance or assignment,
and may be enrolled accordingly, s. 83, par. 8.]

ESTATE BOOK

to be kept by trustee, see TRUSTEE; may be kept in the form of an ordinary
debtor and creditor account, G. R. 1871, No. 13.

ESTATES TAIL. See TENANT IN TAIL.

EVIDENCE

may be taken either vivâ voce on oath, or by interrogatories, or upon affidavit,
or by commission abroad, s. 97, G. R. 49. Evidence vivâ voce may be taken,
if the Court or registrar think fit, by a short-hand writer, or other person,
upon specified terms, G. R. 207, p. 549.

of proceedings in bankruptcy:

1. Petition or copy of petition in bankruptcy;

2. Order or copy of order by Bankruptcy Court;

3. Certificate or copy of certificate by Bankruptcy Court;

4. Deed or copy of deed of arrangement in bankruptcy;

5. Instrument, affidavit, or document used in proceedings under the Act,
or copy thereof respectively, under seal of the Court or signature of
judge;

to be received in evidence in all legal proceedings whatever, s. 107; and
judicial notice to be taken thereof in all legal proceedings, s. 109.

of proceedings at meetings of creditors to be the minutes entered in a book
by registrar or other person presiding, and signed by him, s. 106.
order of discharge sufficient evidence of the bankruptcy and of the validity of
all proceedings under it, s. 49.

of close of bankruptcy, Gazette containing order closing, s. 47.

of annulling bankruptcy, Gazette containing order annulling, s. 81.
registration of special resolution, for liquidation by arrangement and of extra-
ordinary resolution for composition (in absence of fraud), conclusive evi-
dence that the resolutions were passed and the Act complied with, s. 127.
of adjudication of bankruptcy, and of date of adjudication, Gazette contain-
ing order of adjudication, s. 10.

of appointment of trustee, certificate of appointment, s. 18.

of deposition or examination of deceased bankrupt or witness, to be the depo-
sition, or copy thereof, sealed by the Court, s. 108.

EVIDENCE. See WITNESS.

EXAMINATION,

public, of bankrupt, on statement of affairs prescribed, s. 19.

of bankrupt or of his wife, or of any person known or suspected to have pos-
session of estate, or to be indebted to bankrupt, or to be capable of giving
information respecting bankrupt, his trade, dealings, or property, may be
directed by the Court on the application of the trustee, s. 96; and the
Court may examine such bankrupt or other person and require the produc-
tion of documents, s. 97; see COURT and WITNESS, and p. 399.

a person summoned must attend and wait till he is called, and may be im-
prisoned for not answering, or for not answering satisfactorily, or for not
producing documents, or for not signing his examination, p. 159.
reasonable expenses to be tendered to witness summoned, s. 96.

when summoned as a person suspected of having property of the bankrupt in
his possession, he is entitled to his expenses in the first instance, if he is
only a servant or agent of the person so suspected, p. 159.

the bankrupt must answer all questions touching his trade dealings or estate,
though the answer may seem to criminate him, p. 160.

a trustee may be summoned for examination by a creditor, p. 160.

the examination, or a copy duly sealed, to be receivable in evidence, notwith-
standing the death of the examinant, s. 108.

in which cases a bankrupt's examination may be used against him on prosecu-
tion, p. 220.

bankrupt or witness failing to attend or produce documents, may be arrested
by warrant, s. 96.

of persons in Scotland or Ireland, may be ordered by a court of bankruptcy
in England, s. 75, and see EVIDENCE.

every application for a private meeting to examine witnesses must be in
writing, and shall state the grounds for the application, G. R. 171 (the ap-
plication must bear a 5s. stamp). When not made on behalf of the trustee
the grounds must be verified by affidavit, ib.

where goods of trader, taken in execution, upon a judgment exceeding 501.,
and sold, sheriff or county court officer to retain proceeds for 14 days: if
notice of bankruptcy petition served, proceeds, deducting expenses, to be
held in trust for trustee; if no notice, or in case of notice, if no adjudica-
tion in 14 days, proceeds to be dealt with as if no notice served, s. 87.

EXECUTION CREDITOR. See JUDGMENT CREDITOR.

EXECUTIONS

against a debtor may be restrained by the Court after the presentation of
bankruptcy petition, s. 13; or after adjudication, may proceed as the Court
shall think fit, ib., and so in liquidation, G. 260, p. 412.

EXECUTOR PETITION

in bankruptcy against debtor; see BANKRUPTCY PETITION.

EXECUTOR,

when liable to be made bankrupt, as to business of which he is trustee,
P. 367.

EXPENSE

of registrar and his clerk, in attending meetings elsewhere than in court, to
be paid out of the estate, or if this is insufficient, to be deemed part of the
expenses of the Court, s. 110, G. R. 88.

EXPUNGING DEBTS,

regulated, G. R. 73

EXTENSION

of time for service of debtor's summons or bankruptcy petition, need not be
supported by affidavit, unless the Court shall otherwise require, G. R. 64.
EXTRAORDINARY RESOLUTION. See RESOLUTIONS.

FALSE CLAIM,

or proof, declaration, or statement of account, untrue in any material parti-
cular, the making of, wilfully and with intent to defraud, a misdemeanor,
punishable by one year's imprisonment with or without hard labour, D.A.,
8. 14.

FALSE DEBTS,

the fraudulent omission by bankrupt or debtor, to disclose proof in respect of,
a misdemeanor, D. A., s. 11, par. 7.

FALSE ENTRIES,

with fraudulent intent, the making of in any book or document, a misde-
meanor, D. A., s. 11, par. 10.

FALSE PRETENCE

of carrying on business in the ordinary way, fraudulently alleged by a trader,
as a means of obtaining credit, a misdemeanor, D. A., s. 11, par. 14.

FALSE PRETENCES OR FRAUD,

the obtaining credit by, a misdemeanor, D. A., s. 13, par. 1.

FALSE REPRESENTATION,

or fraud, the obtaining credit, by means of, a misdemeanor, D. A., s. 11,
par. 13.

the false pretence must be coupled with the faith of the vendor in the false
pretence, p. 220.

for purpose of obtaining consent of creditors to any agreement within the
Act, a misdemeanor, D. A., s. 11, par. 16.

FARMER,

not within the Act as a trader, Schedule 1; but see Excepted Cases, p. 372.

FEES,
for business done by any court or officer, under the Act, to be settled by the
Lord Chancellor with the sanction of the Treasury, s. 68, G. R. p. 144.
May be imposed by stamp, or otherwise, ib. Collection, accounting for,
appropriation of, and any remuneration in respect of, to be directed by the
Treasury, ib., and see p. 350.

in respect of committal under the Debtors' Act, ss. 5, 6, to be the same as
now payable under Ca. Sa., Reg. Gen. 5.

FELONY,

committed by any bankrupt or arranging debtor, who, pending the bank-
ruptcy or arrangement, or within four months prior, fraudulently absconds
or seeks to abscond from England with property, divisible among his
creditors to the amount of 20%. or upwards: such felony punishable by
imprisonment for not exceeding two years, with or without hard labour,
D. A., s. 12.

FIAT IN BANKRUPTCY,

where mentioned in Acts of Parliament, &c., the term to be construed with
reference to adjudication under a bankruptcy petition, s. 119.

FICTITIOUS LOSSES,

the fraudulently attempting to account for property by means of, a misde-
meanor, D. A., s. 11, par. 12

FILING A DECLARATION

of inability to pay, an act of bankruptcy, s. 6.

FINES AND RECOVERIES,

the provisions relating to, of 3 & 4 Wm. IV. c. 74, extended to bankruptcy,
8. 25, par. 4.

FIRM. See PARTNERS.

FIRST MEETINGS

to be summoned by the Court immediately after adjudication, by giving ten
days' notice in the Gazette, and in one local paper, Form 27, s. 14; G. R.
89.

may be held elsewhere than in the town where the Court sits, on the applica
tion of the petitioning or other creditor, supported by affidavit, showing
grounds for the application. If application made by other than petitioning
creditor, applicant to give two days' notice to him, G. R. 87.

with every application for meeting elsewhere than in court, the applicant
must deposit 37. for expenses of registrar and clerk attending him, s. 110,
G. R. 88.

order to attend, must be served on bankrupt by sealed copy, G. R. 90, and
8. 19.

must be presided over by registrar, or, in his absence, by an elected chairman,
s. 16, par. 1.

FIRST MEETINGS-continued.

there must be present or represented a quorum of at least three, or all the
creditors if their number does not exceed three, for any other purpose than
election of chairman, the proof of debts, and adjournment, G. R. 93.
in the absence of such quorum, within half an hour from the appointed
time, the meeting to be adjourned, by the registrar or chairman as the
case may be, for not less than seven, nor more than twenty-one days;
if then a quorum not present or represented, the registrar is to report
the fact to the Court under s. 84, G. R. 94. The report by a registrar
being to himself, as the Court acts in the matter, will be signed by
some other registrar, p. 137.

where at the first meeting only one creditor appears, but his debt is so large as
substantially to constitute him sole creditor, the Court may properly direct
the matter to proceed, with the registrar as trustee, p. 136.

where at the first meeting, debts are disputed, the registrar may adjourn the
meeting for further evidence, and in such case allow subpoenas to issue,
p. 137.

no creditor to vote at, who has not proved his debt, s. 14, par. 2. Such debts
must not be an unliquidated or contingent debt, or a debt the value of
which is not ascertained, ib. par. 3. Nor a secured debt, except for the
balance after deducting value of security, or unless the security is surren-
dered, ib. par. 4, and G. R. 99, 100, 101. Votes may be given either per-
sonally or by proxy, ib. par. 6.

ordinary resolutions to be decided by majority in value. Special resolutions
by a majority in number and three-fourths in value, ib. par. 8.

FOREIGN ATTACHMENT,

the custom of, not affected by the Act, D. A., s. 29; and see p. 235.

FORMAL DEFECTS

or irregularities, not to invalidate proceedings, unless deemed by the Court to
be attended with substantial injustice, s. 82.

FORMS.

See ALPHABETICAL LIST OF AT HEAD OF FORMS; under Debtors' Act,
various, pp. 244, 249, 256, 265.

FRAUDULENT ASSIGNMENT, &c.,

the principles of law respecting them, not altered by the Act of 1869,
p. 376.

FRAUDULENT CONVEYANCE,

where a trader makes over all his property as security for a byegone debt, or
reserves nothing substantial, receiving no substantial consideration, this
is an act of bankruptcy, pp. 147, 376.

an assignment, fifteen months before his bankruptcy, by a debtor of all his
property to secure a previous debt, and a present advance, is not an act of
bankruptcy invalidating the transaction, p. 147.

the law respecting not altered by the Act of 1869, p. 376.

it applies equally to traders and non-traders, p. 379.