The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

Title

The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

Author

Goodinge, Thomas.

Publication

London :: printed for S. Heyrick, C. Harper, J. Place, J. Harrison, S. Keeble, D. Brown, J. Cleave, W. Rogers, R. Sare, W. Reeman, T. Goodwin, M. Wotton, R. Vincent, A. Roper, and J. Brixey,

1695.

Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms

Bankruptcy -- Early works to 1800.

Law -- England -- Early works to 1800.

Link to this Item

https://name.umdl.umich.edu/A41432.0001.001 content_copy

Cite this Item

"The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A41432.0001.001. University of Michigan Library Digital Collections. Accessed October 31, 2024. content_copy

Contents

• title page
• THE PREFACE TO THE READER.
• A TABLE OF THE CASES.
• A TABLE OF THE CHAPTERS.
• PRESIDENTS.
• ERRATA.
• CHAP. I.
• CHAP. II.
  • Notes, Cases, and Resolutions upon the Clauses of the said Statutes, relating to the Trade, Profession, or Occupation of such an one as shall be accounted a Bankrupt; and what shall be said a buying and selling within the Statutes.
• CHAP. III.
  • This Description consists of these several parts.
  • Of Settlements voluntary.
  • Of fraudulent Deeds and Settlements, in reference to Purchases, vide in∣fra.
• CHAP. IV.
• CHAP. V.
  • Who are Creditors within the Statute, and who not.
  • Of Preference.
  • Of Creditors coming in, and of Con∣tribution.
  • The Form of an Authority to receive Con∣tribution Mony.
• CHAP. VI.
  • The Stile of the Depositions.
• CHAP. VII.
  • Commissioners Power.
  • The Commissionrs Power in breaking up Houses.
  • The Commissioners Power concerning the Bankrupts Body, and concerning the Bankrupts Wife.
  • Of the Examina∣tion of theBankrupt. his Wife.other Persons as Witnes∣ses, Concealers, &c.And of their refusal to swear and discover the Truth, and the Consequence.
  • Of the Examination of Witnesses, and others, for the discovery of the Bankrupts Estate Real and Personal, and his Debts, and the penalty for refusing to be sworn and examined, or to discover.
  • Of Perjury,By the Bankrupt,Witnesses, Concealers and others, and the Penalties.
  • Of Forfeitures on these Acts, and how to be disposed.
  • Interrogatories.
• CHAP. VIII.
  • General Notes of Sales by Commissioners.
  • Of the Sale and Disposition of the Free∣hold Estate of the Bankrupt.
  • Of Lands Purchased by, or Descended or Devised to the Bankrupt since he was a Bankrupt.
  • Of Lands Mortgaged, or Estates on Condition.
  • Of Lands whereof the Bankrupt is jointly seised.
  • LandsSetled.Sold. Settlements: What shall be accounted Frau∣dulent and shall be avoided, and the Sale by the Commissioners good, and what not.
  • What Sales and Assurances shall be avoid∣ed, and where the Purchasers are safe or not.
  • Concerning the Sale of Copyhold Lands.
• CHAP. IX.
  • How, and where the Goods of a Bankrupt, liable to Execution, may be sold by Com∣missioners, and how, and where not.
  • Trust. Of other mens Goods, of which the Bank∣rupt is in possession, and reputed Owner: Or Bonds take in his name.
  • Bonds.
  • Of Goods Pawned.
  • Disposition of Rent.
• CHAP. X.
  • What Goods, or other Estate of the Bank∣rupt may be sold and assigned by them, Vide supra.
  • Leases disposed by the Commissioners.
  • Advowsons, Presentations.
  • Common.
  • Rents, Vide supra. Herriots, Reliefs.
  • What Assignment by the Commssioners shall be good, and what not.
  • Declaration.
• CHAP. XI.
  • Assignee shall have Debt on a Bond: Tro∣ver, Det on Contract; Indeb. Assump∣sit: Action on the Case, &c. and other Remedies as the Bankrupt might have.
  • Of Actions brought by the Bankrupt himself.
  • Of Declarations by Assignees of Commissio∣ners of Bankrupt.
  • The Form of a Declaration by Assignees: Of the Commissioners of Bankrupts against a Debtor.
  • Det per Assignee of the Commissioners of Bankrupcy, upon a Bond made to the Bankrupt.
• CHAP. XII.
  • Of Pleadings to Actions brought against the Commissioners.
• CHAP. XIII.
  • Of the Venue.
  • Evidence
  • Maxims of Bankrupts.
• CHAP. XIV.
  • Of Distribution, Vide prius sub Titul’ Assignment.
  • Notice to Creditors of making a Dividend; upon paying Contribution Mony, and pro∣ving their Debts.
• CHAP. XV.
• CHAP. XVI.
  • Remedy for the Creditors for the Remain∣der of their Debts.
  • Of the Commissioners Account to the Bank∣rupt, and of the Overplus of the Estate, if any be.
  • What Remedy the Bankrupt, or Creditor, or others may have in Case of Misdemeaner against the Commissioners.
  • Allens Case in Chancery.
  • Of Bills of Conformity.
• CHAP. XVII.
  • Plea to an Indebitatus Assumpsit that it was Assigned by the Commissi∣oners of Bankrupts.
  • Plea to Bond for performance of Cove∣nants (or Articles) for payment of Rent, that the Plaintiff was a Bank∣rupt, and that the Defendant paid the Mony to the Assignees of the Com∣missioners of Bankrupts.
  • Scire Fac’ pro Creditoribus sur Stat’ de Bankrupts sur Judgment recuper’ per le Bankrupt envers Executrix.
  • An Indenture of Assignment by the Commissi∣oners of Bankrupts.
  • Another Form of an Assignment.
  • A Deed of Distribution from Commissioners of Bankrupts to the Creditors.
  • Bill by a Principal Creditor to call the As∣signees to Account, and discover what of the Bankrupts Estate came to their hands.
  • Bond from the Assignees to the Principal Creditor in 2000 l. to pay his proporti∣onable share.
  • Plea and Demurrer to a Bill brought by the Complainants as Creditors and Assignees under a Statute of Bankrupt, to avoid Leases, and redemise for security of Mony made to the Defendant by the Bank∣rupt, on pretence the Commissioners had As∣signed the Creditors to pay the Mony to the Defendant, and he to Assign his Estate; Whereas the Commissioners had no power to do the same, and the Estate in Law made to the Defendant was two Years and six Months before the pretended Bank∣rupcy; and for Plea, the Defendant of∣fers the Indentures, and a Fine levyed to him, long before the Bankrupcy.
  • Mr. Ben. Hintons Case in Chancery.
• THE INDEX.