have conveyed, assigned, or transferred to any of his children, or to any other person, any hereditaments, offices, fees, annuities, leases, goods or chattels, or have delivered or made over to any such person any bills, bonds, notes, or other securities, or have transferred his debts to any other person or into any other person's name, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy; and every such sale shall be valid against the bankrupt, and such children and persons, and against all persons claiming under him.

CXXXIII. And with respect to transactions with the bankrupt, and executions against his property, up to the time of the bankruptcy, or within a limited time previously thereto, be it enacted, *That all [*479] payments really and bona fide made by any bankrupt, or by any person on his behalf, before date of the fiat or the filing of a petition for adjudication of bankruptcy, to any creditor of such bankrupt, and all payments really and bona fide made to any bankrupt before the date of the fiat or the filing of such petition, and all conveyances by any bankrupt bona fide made and executed before the date of the fiat or the filing of such petition, and all contracts, dealings, and transactions by and with any bankrupt really and bona fide made and entered into before the date of the fiat or the filing of such petition, and all executions and attachments against the lands and tenements of any bankrupt bona fide executed by seizure, and all executions and attachments against the goods and chattels of any bankrupt bona fide executed and levied by seizure and sale before the date of the fiat or the filing of such petition, shall be deemed to be valid, notwithstanding any prior act of bankruptcy by such bankrupt committed, provided the person so dealing with or paying to or being paid by such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such payment, conveyance, contract, dealing, or transaction, or at the time of so executing or levying such execution or attachment, or at the time of making any sale thereunder, notice of any prior act of bankruptcy by him committed: Provided also, that nothing herein contained shall be deemed or taken to give validity to any payment or to any delivery or transfer of any goods or chattels made by any bankrupt, being a fraudulent preference of any creditor of such bankrupt, or to any conveyance or equitable mortgage made or given by any bankrupt by way of fraudulent preference of any creditor of such bankrupt, or to any execution founded on a judgment on a warrant of attorney or cognovit actionem or Judge's order obtained by consent given by any bankrupt by way of fraudulent preference.

CXXXIV. That no purchase from any bankrupt bona fide and for valuable consideration, where the purchaser had notice at the time of such purchaser of an act of bankruptcy by such bankrupt committed, shall be impeached by reason thereof, unless a fiat or petition for adjudication of bankruptcy shall have been sued out or filed within twelve months after such act of bankruptcy.

CXXXV. That every warrant of attorney to confess judgment in any personal action, given by any bankrupt after the commencement of this act, and within two months of the filing of a petition for adjudication of bankruptcy by or against such bankrupt, and being for or in respect of (wholly or in part) an antecedent debt or money demand, and every cognovit actionem or consent to a Judge's order for judgment given by any bankrupt, at any time after the commencement of this act, and within two months of the filing of any such petition in any action commenced by collusion with the bankrupt, and not adversely, or purporting to have been given in an action, but having been in fact given before the commencement of any action against the bankrupt, such bankrupt being unable to meet his engagements at the time of giving such warrant of attorney, cognovit actionem, or consent (as the *case may be), shall be deemed and taken to be null [*480] and void, whether the same shall have been given by such bankrupt in contemplation of bankruptcy or not.

CLXXI. That where there has been mutual credit given by the bankrupt and any other person, or where there are mutual debts between the bankrupt and any other person, the Court shall state the account between them, and one debt or demand may be set against another, notwithstanding any prior act of bankruptcy committed by such bankrupt before the credit given to or the debt contracted by him; and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively; and every debt or demand bereby made proveable against the estate of the bankrupt may also be set off in manner aforesaid against such estate, provided that the person claiming the benefit of such set-off had not, when such credit was given, notice of an act of bankruptcy by such bankrupt committed.

CLXXIII. That any person who at the time of issuing the fiat or of filing a petition for adjudication of bankruptcy, shall be surety or liable for any debt of the bankrupt, or bail for the bankrupt, either to the sheriff or to the action, if he shall have paid the debt, or any part thereof in discharge of the whole debt, (although he may have paid the same after the issuing of the fiat or the filing of the petition for adjudication of bankruptcy,) if the creditor shall have proved his debt under the bankruptcy, shall be entitled to stand in the place of such creditor as to the dividends and all other rights under the bankruptcy which such creditor possessed or would be entitled to in respect of such proof; or if the creditor shall not have proved, such surety or person liable, or bail, shall be entitled to prove his demand in respect of such payment as a debt under the bankruptcy, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety, liable, or bail as aforesaid, after an act of bankruptcy committed by the bankrupt, provided that such person had not, when he became surety or bail, or so liable as aforesaid, notice of an act of bankruptcy by such bankrupt committed.

CLXXVIII. That if any trader who shall become bankrupt after the

commencement of this act shall have contracted, before the filing of a petition for adjudication of bankruptcy, a liability to pay money upon a contingency which shall not have happened, and the demand in respect thereof shall not have been ascertained before the filing of such petition, in every such case, if such liability be not provable under any other provision of this act, the person with whom such liability has been contracted shall be admitted to claim for such sum as the Court shall think fit; and after the contingency shall have happened, and the demand in respect of such liability shall have been ascertained, he shall be admitted to prove such demand, and receive dividends with the other creditors, and, so far as practicable, as if the contingency had happened and the demand had been ascertained before the *filing of such petition, but not disturbing former dividends, provided such person had not, at the time such liability was [*481] contracted, notice of any act of bankruptcy by such bankrupt committed: Provided also, that where any such claim shall not have, either in the whole or in part, been converted into a proof within six months after the filing of such petition, it may, upon the application of the assignees at any time. after the expiration of such time, and if the Court shall think fit, be expunged either in whole or in part from the proceedings.

CC. That the certificate of conformity allowed under this act, subject to the provisions herein contained, shall discharge the bankrupt from all debts due by him when he became bankrupt, and from all claims and demands made provable under the bankruptcy: Provided always, that no such certificate shall release or discharge any person who was a partner with such bankrupt at the time of his bankruptcy, or was then jointly bound or had made any joint contract with such bankrupt.

CCIV. That no bankrupt, after his certificate shall have been allowed, shall be liable to pay or satisfy any debt, claim, or demand from which he shall have been discharged by virtue of such certificate, or any part of such debt, claim, or demand, upon any contract, promise, or agreement, made after the issuing of the fiat or filing of the petition for adjudication of bankruptcy, and if any bankrupt be sued upon any such contract, promise, or agreement, he may plead the general issue, and give this act and the special matter in evidence.

CCXXXIII. That if the bankrupt shall not (if he were within the United Kingdom at the date of the adjudication) within twenty-one days after the advertisement of the bankruptcy in the London Gazette, or (if he were in any other part of Europe at the date of the adjudication) within three months after such advertisement, or (if he were elsewhere at the adjudication) within twelve months after such advertisement, have commenced an action, suit, or other proceeding to dispute or annual the fiat, or the petition for adjudication, and shall not have prosecuted the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all actions at law or suits in equity brought by the assignees for any debt or demand for which such bankrupt

might have sustained any action or suit had he not been adjudged bankrupt, that such person so adjudged bankrupt became a bankrupt before the date and suing forth of such fiat, or before the date and filing of the petition for adjudication, and that such fiat was sued forth, or such petition filed, on the day on which the same is stated in the Gazette to bear date.

CXXXIV. That in any action, other than an action brought by the assignees for any debt or demand for which the bankrupt might have sustained an action had he not been adjudged bankrupt, and whether at the suit of or against the assignees, or against any person acting under the warrant of the Court, for anything done under such warrant, no proof shall be re[*482] quired, at the trial, of the petitioning creditor's debt, or of the trading or act of bankruptcy respectively, unless the other party in such action shall, if defendant at or before pleading, and if plaintiff before issue joined, give notice in writing to such assignees or other persons that he intends to dispute some and which of such matters; and in case such notice shall have been given, if such assignees or other person shall prove the matter so disputed, or the other party admit the same, the Judge before whom the cause shall be tried may (if he think fit) grant a certificate of such proof or admission; and such assignees or other person shall be entitled to the costs occasioned by such notice; and such costs shall, if such assignees or other person shall obtain a verdict, be added to the costs, and if the other party shall obtain a verdict shall be deducted from the costs which such other party would otherwise be entitled to receive from such assignees or other person.

INDEX.

[Should the Index be found defective in any part, the reader is referred to the
Analytical Table of Contents prefixed.]

of payee of bills under £5 must be stated, 62, 63.

ACCEPTANCE,

what it is, 1. 143.

effect of, 2.

by partners, 29–32.

cross acceptances, 95.

by one of several, not partners, 144.

liability of drawee before acceptance, 143.

cannot be two several acceptances of the same bill, 144, 145. 151.

before bill filled up, 145.

not before bill in existence, 145.

after bill is due, 146.

after previous refusal to accept, 146.

of inland bills, must be in writing on the bill, 146.

what will be such acceptance, 147.

is irrevocable, 148.

of foreign bills, 147, 148. 316.

promise to accept, 147.

detention of the bill, 148.

destruction of it, 148.

what engagement the holder may require of acceptor, 149.

proper conduct for holder to pursue in the case of qualified acceptance, 149.
condition may be contained in a collateral contemporaneous writing, 75. 149,
150.

but a verbal cotemporaneous condition not admissible, 76. 150.

nor a written one against innocent indorsee, 150.

condition must be set out in pleading, though performed, 150.
partial or varying acceptance, what, 150.

payable at a particular place, 151.

inchoate and revocable till delivery, 152.
liability of acceptor, 152.

how discharged, 153.

how waived, 153.

by express renunciation, 153.

by cancellation, 154.

by other security, 154.