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 Distribution, Vide prius sub Titul’ Assignment.

THE Commissioners may sell and prepare for Distribution presently upon the execution of the Commission; but till the four Months are past, they may not proceed to Distribution, Hutton, p. 38.

Per Coke and VVinch. 10 Jac. Reeve vers. May, The Commissioners may di∣vide a Debt upon Obligation.

Distribution must be to every one of the Creditors a portion, rate and rate-like, ac∣cording to the quantity of his or their Debt, 2 Rep. 25, 26.

Commissioners ought to make several Distribution to several Creditors, and not to mak a joint-Sale or Assignment to several Creditors: For if he owe to A. 20l.

to B. 20 l. and to C. 5 l. a joint Sale or Assignment to A. B. and C. is not accord∣ing to their power given by the said Act 13 Eliz. but if by the Special Verdict it appears that the Debt was due to the Plaintiffs jointly, then the joint Sale is good, 2 Rep. 26.

If a Bankrupt be indebted to one 20 l. and to another 10 l. and he hath a Debt due to him by Bond of 20 l. Now the Commissioners may assign and divide this (viz.) to every Creditor a portion, part and part-like; and the Assignees it seems may sue severally for it, Godb. 195. See Bradshaws Case.

Per Stat. 21 Jac. Judgmentees, Coni∣sees, Attachers, per foreign Aattach∣ment, if there be no Extent sued and ex∣ecuted upon any the Lands, &c. Goods and Chattels of the Bankrupt before the time of his Bankrupcy, shall only have a rateable part with other Creditors for their just Debts, Vide Prius Cap. 5.

If any Distribution be made of any part of the Estate, no Creditors are to be admitted after, that come not in be∣fore, Hob. 287. vide supra Cap. 6. Fuller and Lance in Chancery.