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.

THE INDEX.

A.

• WHAT Absenting brings a Man within the Statutes, and what not. Of absenting a mans self on a Decree to pay Mony pag. 24, 25, 26. Vide Departure.
• On Accounts between Merchants, and one becomes Bankrupt, the other shall pay what appears to be due to the Bankrupt upon the Foot of the Ac∣count, and no more, p. 177.
• Of the Commissioners accounting with the Bankrupt, p. 180
• Lands extended upon pretence of being the King's Accountant, to be sold by the Commissioners, p. 124.
• ...

• Covenant to give Account to the Credi∣tors, and Bond, and Debt brought, and Pleadings, p. 163, 164
• Vide Pleadings.
• What Acts make one a Bankrupt, p. 21
• Actions.
• Of Actions brought by Commissioners, p. 139
• Of Actions brought by the Bankrupt him∣self. p. 144
• Of Actions brought by the Assignee, and what Actions, p. 142, 143, 144
• Stat. 1. Jac. gives an Action to the As∣signee in his own name, but he must declare specially, p. 146
• Where the Action brought by the As∣signee to be laid, p. 168
• Vide Assignee and Assignment.
• Where feigned Actions make one a Bank∣rupt, p. 27
• Action on the Case by Assignee upon In∣deb. Assump. p. 143
• Action on the Case against the Goaler for suffering one Committed by the Com∣missioners, to Escape, p. 77
• Vide Escape.
• Of Adventurers in Company. Vide Com∣pany.
• Admittance into Copyhold-Land sold by Commissioners. Vide Copyhold.
• If the Bankrupt purchaseth Copyhold, and refuseth to be admitted, Commis∣sioners may sell, and the Vendee shall

• pay the admittance, p. 113
• Advowsons sold by Commissioners, p. 134
• The Form of the Affidavit to be made upon suing out the Commission, p. 1
• Agreement with the Bankrupt to take 10 s. in the pound, and refused. A Bill brought to perform it. Decreed, and other Proceedings, p. 184
• Aliens shall be Creditors relievable, and shall be Bankrupt, p. 12, 43
• Who is an Alien, per Stat. 13 Eliz. p. 40
• Amerciaments sold by Commissioners p. 135, 140.
• What sort of Arrest or detention make one a Bankrupt, p. 27, 28, 30
• Assignment.
• Monys levied in the Sheriffs hand on Execution, is not Assignable by the Commissioners, p. 119, 120
• Assignees upon distribution may sue se∣verally, p. 171
• The Assignment is traversable, p. 162
• The place of the Assignment ought to be alledged in the Declaration, p. 145
• What Remedy the Assignee shall have for the recovery of the Debts of the Bank∣rupt, p. 125, 126, 132
• Assignment of a Bond in Trust, p. 126
• Of Assignment of the Bankrups Debts, p. 128
• Vide Distribution. Obligation.
• Tho an Executor releaseth, yet the Debt Assignable, p. 131
• ...

• Damages recovered may be Assigned, p. 131
• What Goods or other Estate of the Bank∣rupt may be Assigned by the Commis∣sioners, as Debt in Trust, Goods in Ireland, Judgments, Leases, &c. p. 133, 134
• Vide under their proper Titles.
• Obligee before the Bankrupcy of the Ob∣ligor Assigns the Bond, this is liable to the after Bankrupcy of the Obligor, p. 130
• Commissioners may Assign Corn to one, and Mony to another, p. 136
• What is now the practice as to the Com∣missioners making the Assignment, ibid.
• Assignment a Bar against the Parties, tho' it appear not it was proportionable, ibid.
• What Assignment shall be good by the Commissioners, and what not, ibid.
• One of the Creditors an Assignee, accept∣ed a part of his Debt in Audita Que∣rela, he need not shew what were the Debts of the Creditors, p. 137
• Assignment of a Debt inter alia is good, because other Debts shall be intended, ibid.
• If in the Assignment there be more assign∣ed to the Plaintiff than his proper Debt, the assignment is not good: If it be inter alia it is good, ibid.
• If the Assignment be a different sum from what the Verdict finds, yet in an Acti∣on

• the Case the Plaintiff shall recover, p. 139
• Assignee shall have the same remedy as the Bankrupt himself might have had, p. 142, 143
• Trover lies of a Conversion between the Bankrupcy and the Assignment, p. 143
• The nature of the Assignment, and what privity is transferred by it; privity of Estate, or privity of Contract, p. 144
• Debts certain are Assignable, ibid.
• Vide Bargain and Sale.
• The form of an Indenture of Assignment, p. 225, 233
• Debts of the Bankrupt not to be attach∣ed by foreign Attachment, p. 91, 104
• The reason of the Clause about foreign Attachments, in Stat. 21 Jac. p. 124
• Foreign Attachers to come in as Creditors, p. 45

B.

• WHat Trades or Occupations make a Man liable to Bankrupcy, p. 10, 104
• As to Buying and Selling, p. 13
• Particular Employments p. 13, 18
• Vide under each proper Title.
• Of ones becoming twice a Bankrupt, p. 38
• When Bankrupcy shall be said to Com∣mence, p. 39, 41.
• Whether Commissioners may let a Bank∣rupt go at Large (after Warrant of

• Commitment) to treat about his Debts, p. 68
• When there are several Acts of Bank∣rupcy, from what Act a Man shall be accounted a Bankrupt; and where it shall not relate; p. 110
• To the first Act: How, and when one is a Bankrupt by relation, p. 42
• If a Bankrupt dies, the Commissioners may proceed, p. 182
• If one be a Bankrupt before the date of the Commission, the time in the Peti∣tion is not material, p. 5
• Bargain and Sale by Commissioners.
• Of the Bankrupts real Estate, and how to be made p. 85, 86
• Of his Copyhold Estate, p. 86
• Of Lands Intailed, p. 91
• Of Lands in Reversion after Estate Tail, &c. p. 101
• Of Offices, ibid.
• Of Lands devised, ibid.
• Bargain and Sale of Lands, of which the Bankrupt is jointly seised. p. 103
• Bargain and Sale of the Estate which the Bankrupt purchaseth, or after descends to him, p. 87
• Vide Estate.
• Bargain and Sale, and the Bargainor be∣comes a Bankrupt before Inrollment, the Land may not be sold, p. 98
• Difference between a Bargain and Sale, and a Feoffment as to a Mans becom∣ing

• a Bankrupt before the Estate exe∣cuted, p. 98
• Vide Conveyances. Settlements.
• Lands sold by Commissioners with In∣cumbrances, p. 183
• In what Cases the Sale of the Commissi∣oners shall be defeated, and in what not, p. 94
• Baron and Feme.
• Two Women Jointenants of a Term of Years, one takes Husband who be∣comes Bankrupt; Commissioners may dispose of a moiety, p. 104
• Chattels real are given to the Husband, if he survive; if Husband dies before the Wise, she shall have them, ibid.
• A Bankrupt hath Land jure Uxoris, it may be sold during the Coverture; ibid.
• If she be a Feme Sole Merchant, the whole shall be sold, ibid.
• The Dower of a Bankrupts Wife shall never be sold, ibid.
• The Bail pays the Mony, he may come in as a Creditor, p. 44, 45
• Plaintiff Bankrupt bring Indebit’ Assumpsit, Defendant is discharged on reasonable Bail, because the Debts are assigned, and Assignee ought to bring the Acti∣on, p. 144, 145
• Common or Hired Bail makes one a Bankrupt, and how, p. 31, 32
• ...

• Bond, to be entred into, to the Lord Chancellor, before suing out Commis∣sion, and the form of it, p. 6
• Vide Pluis Tit. Obligations.
• Brewer, a Trade within the Statutes, p. 14

C.

• CLothier, a Trade within the Statute, p. 13
• Carpenter, a Trade within the Statute, p. 14.
• Colemerchants, their custom to Repair upon the Credit of the Bottom p. 17
• Chancery, in what cases it relieves after a Judgment at Law, and for Freehold, p. 191, 192
• Commission. Commissioners.
• Commissioners, how many, p. 5
• One Credito may sue out a Commission, ibid.
• The form of a Commission, p. 7
• Death of the Commissioners, p. 9
• Charge of the Cmmission, who to pay it, ibid.
• What time limitted for taking out the Commission, p. 48
• Notice of the Commission, p. 48
• Commissioners accounting with the Bank∣rupt. Vide Account.
• If all the Commissioners die, who shall account for the Bankrupts Estate, p. 181
• ...

• Commissioners Power in breaking up Houses, p. 65
• Commissioners Power in reference to the Bankrupt himself, p. 61
• And about his Estate. Vide Estate.
• Commissioners Authority, and how to be relieved against them for misdemea∣nor, p. 182
• As in judging a person a Bankrupt, when he is not so; or in not pav∣ing a Ratable part, p. 181, 182
• Pleadings to Actions brought against Commissioners, p. 165, 166
• Commissioners Power concerning the Bankrupts Body, p. 66
• What Remedy the Bankrupt hath for the Misdemeanor of the Commissioners, p. 181
• Conveyance.
• What Conveyance of the Lands and Goods of a Bankrupt is good, and what not, p. 123
• Where the Purchaser of a Bankrupts Lands is safe, or not, p. 108, 109, 110
• Of Conveyances made bona fide, before he comes to be a Bankrupt, p. 88
• What is a valuable Consideration, p. 106, 107
• Consideration of Settlements, p. 107
• What shall be said a voluntary Convey∣ance, p. 108
• Vide Settlements. Purchases.
• Of Bills of Conformity, p. 192
• ...

• What Common shall not be sold by Com∣missioners, p. 135
• Concealing the Bankrupts Estate and Goods, and Penalty, p. 62, 81
• Of Estates on Condition, whith are made to the Bankrupt, how to be disposed of, how the Condition to be performed, and by whom, p. 102, 103
• Vide Mortgages.
• Contract to Victual a Fleet, no Trade within the Statutes, p. 17
• Owing Mony, and not compounding for the same, p. 29
• Company Adventurers in the East-India or Guinea Trade, or the Royal Fishing, no Trade within the Statutes, p. 19, 20
• Contingent Estates, Vide Estates.
• Contribution.
• Must be towards the Charge before re∣lief, p. 48
• The form of an Authority to receive Contribution Mony, p. 49
• Copyhold.
• Copyhold Lands to be sold, and how p. 111
• Fines how, and to whom to be paid, ibid.
• Of admittances to Purchasers, ibid.
• Title to Copyhold Lands cannot be made by the Commissioners, without Sur∣render or Admittance, p. 112
• Copyhold Estate is vested in the Purcha∣ser before admittance, and to what

• purposes, and to what not, p. 112, 113
• Copy-holders Wife barred of her Wi∣dows Estates, and how, p. 113
• Bargain and Sale of the Bankrupts Copy∣hold Estate by the Commissioners, and how, p. 86
• Counterbond, Vide Surety.
• Creditors.
• Who are Creditors within the Statute, and who not, p. 42, 43, 44, 45.
• One Creditor not to be preferred before another, p. 46
• How the King (a Creditor) to be pre∣ferred before others, and how not, ibid.
• When Creditors may come in, and what they must do to be relieved, p. 47
• Remedies for the Creditors for the re∣mainder of their Debts, p. 178
• Creditors that have notice of the Com∣mission sued out against a Man, who hath made agreement with his Credi∣tors, and breaks it, not relievable in Equity to have the Agreement per∣formed, nor to a Dividend after the Assignment of the Estate, p. 48
• Creditors, when to be excluded from coming in, p. 171
• Covenant to give account to other Credi∣tors; and Bond to perform; and De∣clarations and Pleadings, p. 163

D.

• DAmages recovered shall be sold by the Commissioners. p. 131
• Damages assigned upon erroneous Judg∣ment, and the Judgment reversed, As∣signee shall make restitution, p. 141
• If Recoveror of Damages shall come in as Creditor, p. 44
• Declaration.
• The form of a Declaration by Assignees of the Commissioners of Bankrupcy upon Emisset, p. 147
• The like upon Obligation, p. 156
• The place of the Assignment ought to be laid in the Declaration, p. 145
• Plaintiff in his Declaration need not men∣tion the several Creditors, but only to set out his own Debt, ibid.
• The Plaintiff in his Declaration need not express upon what Statute the Action is brought, p. 145
• Of the Commissioners declaring one to be a Bankrupt, p. 53, 54
• One hath received part of the Debt by Assignment, how he shall sue and de∣clare for the residue, p. 179
• Debt.
• Disposition of Debts due to the Bank∣rupt, and how, p. 90
• ...

• The Bankrupts Debts transferred in other Mens Names, Vide Trust.
• Assignment of the Bankrupts Debts, and what shall be good, and what not, p. 128.
• Payment of Debts, Vide Payment.
• Distribution, Vide Assignment.
• How to be made by Commissioners, Vide Assignment.
• Debt on Bond may be divided to every Creditor a portion, p. 130
• No Creditors to be admitted after distri∣bution, p. 48, 171
• Form of Notice to Creditors of making a Dividend, p. 172
• A President of Deed of Distribution from the Commissioners to the Creditors, p. 240
• Of the Stile of Depositions, p. 53
• Where Depositions may be read as Evi∣dence, Vide Evidence.
• What Departing of the Realm makes Bankrupt, and what not, p. 23
• What is such a Departure from a Mans House as makes him a Bankrupt, p. 24
• Of ones Denying himself to be at home, p. 24, 25
• Bargain and Sale of Lands Devised, may be sold by the Commissioners, and the Bankrupt shall not wave the Devise, p. 101
• Two Jointenants are Disseised, one be∣comes a Bankrupt, Q. if it can be

• sold, p. 103, 104
• Disseisee Copyholder, becomes a Bank∣rupt, Commissioners may sell the Co∣pyhold, p. 113
• Drover is a Trade within the Statute, p. 15
• Dower of a Bankrupts Wife shall never be sold. Aliter, If she marry one that is a Bankrupt. p. 104

E.

• EState.
• Disposal of the Bankrupts real and personal Estate by the Commissioners, and how to be sold, p. 84, to 90
• Contingent Estates, what, and how dis∣posed of, p. 96, 97, 107.
• What Goods and Chattels may be sold, and what not, p. 115, 119
• Vide Assignment. Sale.
• Bankrupt commits Felony, the Lands shall be sold, p. 98
• Escape makes a Bankrupt, p. 31, 42
• Examination of the Bankrupt, his Wife, of Witnesses and Concealers, Debtors, and the Penalty for obstinate refusal, and how made, p. 70, 71, 72, 73, 74, 76
• Joint Commitment where two refuse to be examined, ill.
• Execution.
• He that hath the Defendants Body in Ex∣ecution, not relievable as a Creditor. Aliter, on a Statute Merchant, p. 44
• How, and where the Goods of a Bank∣rupt liable to Execution, shall be sold

• by Commissioners, and how▪ and where not, p. 118
• Goods of a Bankrupt extended before he became a Bankrupt, and delivered by the Liberate after he became Bank∣rupt, cannot be sold, p. 119
• From what time the Goods are liable to Execution, p. 121
• After Judgment, and before Execution, one becomes a Bankrupt, and the Cre∣ditors assign this, and after the Judg∣ment is reversed, Q. who shall make restitution, p. 122
• What shall be accounted the Executing of an Extent, p. 123
• Lands extended under Colour of being the Kings Accountant, when, and how to be sold, p. 116, 124
• Depositions taken before the Commissio∣ners, where they shall be good Evi∣dences, and where not, p. 168
• Defendant not accepted to be a Witness, because he was a Creditor, p. 169
• Vide Witness,
• Executor of the Bankrupt shall have an Action against the Commissioners to account, p. 181

F.

• AMeer Farmer not within the Sta∣tute, p. 15
• A Feme Covert Merchant, Vide Feme, Baron and Feme.
• ...

• What fraudulent dealing, as to Goods, makes one a Bankrupt, p. 33
• What fraud, as to Lands, makes one a Bankrupt, p. 34
• What Sales are fraudulent within the Sta∣tute, ibid.
• Voluntary Settlements, what shall be ac∣counted fraudulent, or not, p. 36, 37, 38
• Circumstances of fraud, p. 37
• The Bankrupts fraudulent Conveyance of his Goods and Lands, and the Penalty, p. 69, 70
• What shall be accounted a fraudulent settlement, to be avoided by Sale of the Commissioners, p. 105, 107, 108, 109
• Vide Conveyance. Consideration.
• Vide Trust.
• Wife joins with her Husband in selling part of her former Jointure, and a new Settlement is made of other Lands, in which she is Tenant for Life, remainder to the first Son: This is not fraudulent, p. 107
• Disposition of the Freehold Estate of the Bankrupt, and how, p. 84, 85, 86, 87, 95
• Forfeitures on the Statutes of Bankrupcy, how to be disposed of, p. 81
• How to be recovered, p. 82
• Forfeiture of a Bond, Vide Obligation.

G.

• GRrazier is a Trade within the Sta-Statute, p. 14
• Goods of the Bankrupt sold by Commis∣sioners, Vide Estate. Sale.
• Of the Goods of a Bankrupt taken in Ex∣ecution, Vide Execution.

H.

• HUsbandman, quà such, is not a Pro∣fession within the Statute, unless he be a Drover, p. 15
• What is such keeping the House, as makes a Man a Bankrupt, p. 25
• Harriots, Reliefs sold by Commissioners, p. 135

I.

• INdictment upon the Statute for the Bankrupts fraudulent Conveyance of Land or Goods, p. 69, 70
• Inrollment of a Deed, how it shall re∣late, p. 98
• Of Interrogatories, p. 83
• Inholder, quà such, is not within the Statutes, p. 14
• Inhibition to the Debtors of the Bank∣rupt not to pay Mony, p. 54
• Imprisonment, Vide Prison.
• Bargain and Sale of Lands whereof the Bankrupt is jointly seised, a moiety may

• be sold; and if one die, no survivor∣ship shall take place, p. 103. 105
• Two Women Jointenants of a Lease for years, and one takes Husband, who be∣comes a Bankrupt, Commissioners may dispose an Interest in a moiety, p. 104
• Of Bankrupts in relation to joint Stocks and Partnership, separate Creditors, p. 174, 175, 176
• Vide Stock.
• One hath a joint Stock in the hands of another, tho' he hath left off his Trade, yet he may be a Bankrupt, p. 173
• The Consideration of the Wives joining with her Husband in selling her for∣mer Jointure, a good Consideration, p. 106, 107
• Ironmokger is a Trade within the Sta∣tute, p. 13
• Commissioners may assign a Judgment, p. 134
• Judgmentees must take their proportion, p. 171
• Plaintiff is a Bankrupt since the Judgment, and Judgment is affirmed before the Commission sued out; Execution not to be stopt, but the Bankrupcy to be tried by a special Sci. Fac. p. 122

K.

• WHether the Kings Title be prefer∣ed before a Subjects, p. 139, 140
• Kings right not given away by Act of

• Parliament, but werein he is mention∣ed, p 140

L.

• LAbourers are not within the Statutes of Bankrupts, p. 1
• O•• Leases being sold by the Commissio∣ners, p. 134
• Lease, with a Proviso, not to alien, the Commissioners may sell, ibid.
• Lease demised to A. if he live so long, re∣mainder to B. the Commissioners shall not sell this possibility, p. 134
• Wager of Law may be made by the De∣fendant in Action brought by As∣signee, p. 143
• Letter of Licence makes no Bankrupt, p. 33
• Legatee is relievable as a Creditor,
• Statute of Limitations pleaded, and how, p. 162, 163

M.

• COle Merchants, Vide C. Merchant imports Goods in his own name, he must issue out the proceed so imported, to make him a Bankrupt, p. 17
• Maxims of Bankrupcy, p. 169
• Monstre les faits, p. 146
• Mortgagee need not come in as Creditor, p. 43
• Disposition of Mortgaged Estates by the Commissioners, and how, p. 102, 103
• Who is to tender the Mony upon a Con∣dition, p. 103
• ...

• Disposition of Goods Mortgaged or Pawned, p. 117

N.

• NOtice. Payment by a Debtor of a Bank∣rupt, before notice of the Bankrupcy, and before Commission sued out, is a Discharge against the Commissioners, or their Assignee▪ p. 133, 165
• Payment to a Bankrupt after notice, is void. Aliter, If there be no notice, or the Party be compelled to pay it be∣fore the Commission sued out, p. 133
• The Form of Notice to Creditors of ma∣king a Dividend, p. 172

O.

• THE Form of the Oath administred to Witnesses, p. 52
• The Oath for proof of Debts, p. 55
• Obligation.
• Of Bonds taken in Trust for the Bank∣rupt, p. 126
• Bond assigned by the Obligee before his Bankrupcy, this is liable to the After-Bankrupcy of the Obligee, being only suable in his Name, p. 126
• Bond in Trust assigned, and good, p. 131
• Obligation assigned before day of pay∣ment by the Commissioners, tho' the Obligation becomes forfeited after∣wards, the Bankrupt shall never take

• advantage by this, and this Assignment saves the forfeiture, p. 130
• The Bankrupt and his Debtor are bound to L. in Trust for the Bankrupt; the Executor of L. releaseth, yet this Debt is assignable, p. 131
• Debt or Obligation assigned by the Com∣missioners, Plaintiff need not shew the Obligation, p. 146
• Counterbond, Vide Surety.
• What Offices are within the Statute, and may be sold by the Commissioners, and what not, p. 100, 101
• Outlawry makes a Bankrupt, p. 27, 109, p. 104
• Outlawry in Ireland, ibid.
• Outlawry reversed for want of Proclama∣tions, all done by the Commissioners is void, p. 28
• If the Jury find a Bankrupt Outlawed, how they must find it, ibid.
• Whether the King, or the Creditors shall have the Goods of a person Outlawed as a Bankrupt, p. 140
• Of Commissioners accounting for the overplus of the Estate, p. 180

P.

• PArtners, Vide Joint-Stock. Assignee of one Partner shall have an Action of Trover against the other, p. 173, 144
• If one Partner become a Bankrupt, how is the other chargable, and how far, p. 173
• ...

• Two Partners, and one is a Bankrupt and dies, no Survivor, p. 173
• How, and wherein Bankrupcy affects Partners, p. 16
• Perjury by the Bankrupt: Witnesses, Con∣cealers, &c. how punishable, p. 78, 79
• Disposition of Goods Pawned, by the Commissioners, p. 126
• Petition to the Lord Chancellor to grant a Commission, p. 20
• Petition to the Kings Courts to compound, maks a Bankrupt, p. 32
• Prison. Imprisonment, Vide Goal.
• What Imprisonment, and how long ly∣ing, and for how much, makes a Man a Bankrupt, p. 29, 30, 31
• The Form of the Proclamation, command∣ing the Bankrupt to render himself, p. 62
• How Proclamation to be made,
• ...Pleadings.
• That the Obligation was made to the Plaintiff▪ to the use of him and other Creditors of O. and that one of the others released it: Its ill plea, p. 125
• That such a day the Plaintiff became a Bankrupt, it's an ill plea, p. 161, 164
• That the Defendant paid the Mony to the Assignees of the Commission of Bank••urcy, p. 162
• Double Pleading, or not, ibid.
• Statute of Limitations pleaded in bar, and how, ibid.
• In Action against the Commissioners, the

• Plea is, not Guilty; but to the break∣ing of the House, it must be special, and why, p. 168
• Recovery in Tresspass, no bar to an Action on the Case for impairing ones Credit, brought against Commissioners for breaking open an House, p. 167
• Bankrupcy traversable as well as the As∣signment, p. 162
• Plea to an Indeb. Assumpt. that it was as∣signed by the Commissioners of Bank∣rupcy, p. 206
• The same Plea to a Bond for perfor∣mance of Covenants, p. 210
• Whether possibilities may be sold by the Creditors, and what, p▪ 97
• Of Proof of Debts▪ p. 55
• Payment of Debts before Notice, Vide No∣tice. Or Commission sued out, p. 161, 165
• Purchases, Vide Conveyances. Settlement.
• Purchasers, for good and valuable Consi∣deration, not to be impeached, unless the Statute be sued out in five years time, p. 41

R.

• REfusal of the Wife to be examined, and the Penalty, p. 67, 68
• Refusal by Witnesses, Concealers, &c. to answer or discover, and the Penalties, p. 75, 76, 77
• Bankrupt cannot Release or discharge a Debt due to him, p. 91
• Decree for Mony against a Mans own Release, p. 179
• ...

• Disposition and Sale of the Bankrupts Rents, p. 127
• Disposal of the Bankrupts Reversions or Remainders, p. 91, 92, 96
• Where a Release shall be good, and where not, p. 131, 91
• Bankrupt is a Recusant convict, p. 140

S.

• SAle, Vide Bargain and Sale.
• Sale by a Bankrupt after a Commissi∣on awarded, is void, tho' the Commis∣sioners were never seised of them, p. 118
• Sale of Goods by a Deed not Indented, and before View, is Good, ibid.
• tho' the Bankrupt sells the Goods in Market-overt, yet the Sale is not good, and may be avoyded, ibid.
• Where the Commissioners have power of the Mony only on sale of Goods, p. 130
• Settlement, Vide Conveyances. Frauds. Trusts.
• Of Settlements made before he becomes a Bankrupt. p. 87
• What shall be good, and what not, ibid.
• Voluntary Settlements, p. 97
• Fraudulent Settlements, Vide Fraud.
• Lands setled in other Mens Names, Vide Trust.
• Of taking Sanctuary, p. 26
• Salesman within the Statutes, p. 13
• A Trading Smith within the Statutes. A Working Smith not.
• ...Scire Facias pro Creditoribu sur Statut’ de

• ... Bankrupts sur Judgmet’ recuper’ per le Bankrupt versus Executrix.
• Vendee of the Commissioners shall have a Scire Facias to revive a former Ex∣ecution against Terretenants and Ju∣rors upon Extent, p. 140, 141
• Judgment against a person who is after a Bankrupt, the Judgment being before the day of the Commission sued out; the Mony shall not be stopt in Court, on motion that he is a Bankrupt; but by a special Scire Facias it may be tried whether he be a Bankrupt or not, p. 122
• Statutes of Bankrupcy to be construed favourably for Creditors, p. 39
• Statutes of Bankrupcy are general Sta∣tutes, and therefore notice must be taken of them, p. 146
• Conisee of a Statute, or Recognisance, re∣lievable as a Creditor, p. 43
• Statute extended upon the Bankrupts Lands before Liberate filed: Ordered to take as other Creditors, p. 45
• Vigore Statuti predict’ in a Declaration is good in general, p. 145
• Stocks in Companies, Vide Companies.
• Stocks-Joint, Vide Joint-Stocks. Partners.
• Stwards of Inns of Courts, no Trade within the Statutes.
• Of a Merchant or Tradesman turning Soldier, p. 26
• Surety may com in as Creditor, p. 44
• ...

• Two Jointenants, one becomes a Bank∣rupt and dies, Survivorship shall not take place, p. 103
• If there be surplusage, the Party hath remedy in Chancery, p. 137

T.

• TAylor, a Trade not within the Sta∣tute, p. 14
• Tail, Sale by Commissioners of Entail'd Lands, p. 96
• Trade.
• Leaving off a Trade, and Trading again, discontinuing of Trade, p. 15
• Selling the surplus of a Commodity, is no Trading within the Statute, p. 18
• A Gentleman Trader may be a Bank∣rupt, p. 19
• Trover and Conversion, where it lies, p. 143, 144
• Traverse.
• The Bankrupcy is traversable as well as the Assignment, p. 162
• The reason of the Traversing that he is a Bankrupt, p. 181
• Trust.
• Of Lands setled in other Mens Names in Trust for the Bankrupt, Vide Fraud.
• Personal Estate in other Mens Names in Trust for the Bankrupt, shall be sold, p. 99
• A Merchant not in Debt, purchaseth ••or for another, or gives Land to another, and there be no fraud in it to deceive Creditors, is good, ibid.
• ...

• Bankrupts Debts transferred in other Mens Names, Commissioners may dis∣pose of them, and how, p. 115
• Decree, That a Trustee shall receive his own Mony, and part with the Estate, d. 190
• Goods transferred, and yet Ownership kept on Foot, may be sold, p. 125
• Bonds taken in Trust of a Bankrupt, p. 125, 126
• Trustee of a Bankrupt, after he becomes a Bankrupt, not relievable as a Credi∣tor, p. 45
• Time is not material in the Petition, if he were a Bankrupt before the suing out the Commission, p. 5

V.

• VIntner is a Trade within the Statute, p. 14
• In a Trial of Assignee by Commissioners, the Venire may be in Middlesex, or where the Cause of Action ariseth, p. 168
• In consideration of Love to his Son, a Man Bargains, Sels, Grants and con∣firms Lands to him and his Heirs, which was inroll'd; the Land shall not pass unless the Mony had been paid, or the use executed, p. 107

W.

• DEfendant on nil Debet pleaded; wa∣geth his Law; how, and where good, p. 164, 165 Vide Law.
• ...

• Det on Contract assigned over, Defen∣dant may wage his Law, p. 146
• Warning to be left at the Bankrupts House, p. 63
• Form of the Warrant from the Commis∣sioners for the Witnesses. p. 55
• A Warrant to commit one to the Goal who refuseth to be sworn, or to an∣swer Interrogaties, p. 58
• Warrant to apprehend the Bankrupt, p. 63
• Warrant to the Warden of the Fleet to receive a Bankrupt, committed by the Commissioners, p. 68
• Wife. Refusal of the Wife to be exami∣ned, and the penalty, p. 66, 67, 68 Vide Baron and Feme.
• Providing for the Wife, is within the Stat. 1 Jac. p. 106
• Copyholders Wife, how barred of her Widows Estate, p. 113
• Witness, Vide Evidence.
• Witnesses charges, how to be born, p. 76
• A Merchant sells Lands bona fide, to J. S. and after becomes a Bankrupt, J. S. may chuse to shew his Writings. p. 111
• What is said an Original Writ within the Statute, p. 31
• Original Writ, and notice, make one a Bankrupt, if he compound not in six Months, p. 31
• Scandalous Words in disparagement of a Tradesman, p. 195

FINIS.