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.

Of Declarations by Assignees of Commissio∣ners of Bankrupt.

NO place of Assignment by Commis∣sioners is alledged, per Curiam its ill, 3 Keb. 345. Copleys Case.

In Action of Debt brought upon the Statute of Bankrupts, the Plaintiff laies in his Declaration the Debt due to him, & quod vigore Statuti p̄dicti Actio ac∣crevit. Per Cur. the Plaintiff ought not in his Declaration to mention his seve∣ral Creditors; but this ought to come on the other side, to set forth that there were no other Goods but those which are named, and there were other Creditors, but the Plaintiff is not to set forth this in his Declaration, it being sufficient for him only to set forth his own debt due to him, and that virtute cuj{us} Actio ac∣crevit.

It was excepted to the Declaration, that it is uncertain, because it is not ex∣prest upon what Statute the Action is brought, but per Curiam it is good; for these words in the Declaration (vigore Statuti p̄dicti Actio Accrevit) shall be

referred unto the Statute which gives the Action unto the Creditor upon the Assign∣ment by the Commissioners, and this is only the Statute 1 Jac. c. 15. These are general Statutes, and therefore notice must be taken of them, 2 Bulst. 26. Powell versus Stuff and Timewell.

Det on Obligation assigned by the Commissioners, and doth not shew the Obligation; wherefore it was demurred▪ Per Cur. it's good enough, whithout shew∣ing it in Court; because he comes in by Act in Law, and hath no means to obtain the Obligation, Croke Car. p. 209. Gray and Feilder.

Divers Debts were assigned to the Plantists, being Creditors, by the Com∣missioners, upon the Statute 13 Eliz. of Bankrupts; and they sued an Action in their own Names for the Debts. Per Cur. it well lies; for it is a Debt transferred by Parliament, and being upon a Con∣tract, the Defendant waged his Law, and was admitted thereto; for tho' the Par∣liament transferred the Debt, yet it is not any Debt of Record: But as he might have waged his Law against the Bank∣rupt, so he may against the Plaintiffs, Croke Jac. 105. Vide supra in Jones Rep.

The Statute 1 Jac. gives an Action to the Assignee in his own Name, but he must declare specially.

Notes

• Place of Assign∣ment.
• Plaintiff need not mention the several Credi∣tors, but only his own Debt due to him.
• Vigore Stat▪ prea••, how to be referred.
• Monstre del Ob∣ligation.
• Wager of Law, Vide supra.