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.

Evidence 〈◊〉〈◊〉

THE Evidence 〈◊〉〈◊〉 were the Depositions before the Commissi∣oners* 1.1 of the Bankrupt, which per Curiam is good enough▪ bu•• the Defendants Councel opposing them▪ they proved viva voce what the Bankrupt con••est.

In a Suit in Chancery on Assignment of Lands, &c. the Depositions which were taken before the Commissioners, not allowed as Evidence; but a Special Commission taken out: The Defendant excepted to a Witness because he was a* 1.2 Creditor, and so might come in before

division made: But after four Months after any Dividend duly made, he is a good Witness; for no other Dividend shall be intended, 2 Keb. 348 Bets and Mico.

What Evidence sufficient to prove a man Bankrupt, Vide Siderfin, 411. Sir Anthony Batemans Case, & alias supra.

On Trial at the Bar in Trover and Conversion for 4000 l. which was the Mony of Sir A. C. a Jew, and upon his Bankrupcy, assigned by the Commissio∣ners of Bankrupts to the Plaintiff, and exception was taken to the Evidence, be∣cause the Assignment of the Commissio∣ners was 18 No. 67. and the Plaintiff demands the Mony of the Defendant 21 No. 67. and the Declaration is of the same Term (Sil't) Mich. 67. which relates to the first day of the Term: And so Action brought before* 1.3 Cause of Action. But per Cur. an Action in B. R. shall not be said to commence, until the Defendant hath made his ap∣pearance, which is not until Bail filed, (if it be by Bill) Siderfin, p. 373. Lidcott and Backwell.

Notes

• * 1.1

  Depositions.
• * 1.2

  Witness.
• * 1.3

  Action before Cause of Acti∣on.