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“ original Bill and the Answer to | 2. General Rule, that a Petition to

“ the amended Bill,” the Answer stay a Bankrupt’s Certificate fail-

so amended must in the Case of a ing is dismissed with Costs; unless

Peer be again attested upon Honor; Misconduct of the Bankrupt. Er

as in the Case of a common De purte The Royal Bank of Scotland.

fendant it must be re-sworn. Pea-

Page 5

cock v. Tke Duke of Bedford. 3. Commission of Bankruptcy not -

Page 186 supersedable under the General

See INJUNCTION 8. Practice 12,

Order, (26th June, 1793) where,

16, 17.

due Diligence being used, the Ad-

judication was prevented by keep-

APPEAL.

ing Evidence out of the Way. Ex

See BANKRUPT 44. EVIDENCE 3.

parte Freeman.

24

INJUNCTION 7.

4. A Writ of Supersedeas and a new

Commission being obtained with-

APPEARANCE.

out disclosing, that an Attendance

See Bill of FORECLOSURE 1.

had been ordered upon a Petition

to compel the Attendance of Wit-

APPOINTMENT.

nesses under the first Commission,

See Power. SettlemENT 3.

the Writ was quashed, and the

second Commissionsuperseded. Ex

ASSIGNMENT.

parte Freeman

See Covexant 1. Lessor and LES- 5. No second Commission of Bank-

SEE 1.

ruptcy to be sent to the Lord Chan

cellor without a Note of what has

AUCTIONEER.

passed in the first. Ex parte Free-

See AGENTS 2.

man.

6. Particular Circumstances, would

take a Case out of the General

B.

Order, 26th June, 1793. 38

7. Proof of an Act of Bankruptcy,

BANKRUPT.

. &c. warranting the Adjudication,

1. Upon Petition to stay a Bank-

a sufficient Proceeding within the

rupt's Certificate Affidavits, filed

General Order (26th June, 1793);

after the Petition presented, ad-

preventing a Supersedeas. 38

mitted only in Reply; according 8. Instruments not considered as

to the General Order (16th Nov. sealed, for the Purpose of proceed.

2805.) Ex parte The Royal Bank ing on them, while remaining in

of Scotland.

the Lord Chancellor's Hands; but

are

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of Fraud from ruptcy against an ủncertificated

'ations. Ex Bankrupt, is void. Er parte

Page 45

Page 60

mers 31.'Ą joint Commission therefore

issuing after a separate Commissi-

on, taken out by joint and several

"reditors, the separate Commission

be superseded only for the

nefit of the Creditors;. with

Costs to the petitioning Creditor,

if acting with good Faith; and

securing all his Rights as a joint

nission

and several Creditor, to prove and

. the Docket

elect between joint and separate

imprisonment for

Estates. Ex parte Brown. 60

vo Months expiring

32. Commission of Bankruptcy, the

erval: the Affidavit being

Right of the Subject : 65

0 Belief of Bankruptcy ge.

33. Difficulty from the Decision

rally; not to a particular Act.

(Crispe y, Perritt) that a separate

Ex parte Dufrere.

51

Commission of Bankruptcy may

25. Commission on a concerted Aet

issue upon a joint Debts with

of Bankruptcy supported by an-

reference to the other Partners. 65

other Act of Bankruptcy. 52
26. Act of Bankruptcy by Imprison-

34. Difficulty of considering a Com.
ment for Debt relates to the first

mission of Bankruptcy as an Exe-

i 52

cution in a strict Sense. 66

27. Fraction of a Day ; to support a

35. Consequence of superseding a
Commission of Bankruptcy; by

Commission of Bankruptcy all
Evidence, that it was committed

falls with it.

66
before the Commission sealed on 36. Separate Commissions of Bank-

the same Day. . 54 ruptey against Partners, taken out

28. Commission of . Bankruptcy, by a joint Creditor on the same

though good at Law, may be su Debt, and the same Day; imme-

perseded.

54 diately after Dissolution of the

29. Commission on a concerted Act Partnership; and no separate Cre-

of Bankruptcy supported by an. ditor appearing..

other Act, though subsequent to A joint Commission having is. .

" the Affidavit of Belief. 56 sued, and the petitioning Creditor

30. A second Commission of Bank · under the separate Commissions

• Vol. I.

Qo

refusing

Day.

Brown.

-22. No Inference of Fraud from ruptcy against an uncertificated

Debts proved by Relations. Ex Bankrupt, is võid. Er parte

parte Gardner. Page 45

Page 60

Authority of the Commissioners 31. A joint Commission therefore

and the Lord Chancellor over the issuing after a separate Commissi-

Certificate confined to Conduct on, taken out by joint and several

under the Commission : not like Creditors, the separate Commission

the general Discretion of Creditors can be superseded only for the

to sign or refuse. Ex parte Gard Benefit of the Creditors; with

ner.

45 Costs to the petitioning Creditor,

24. Commission of Bankruptcy sup if acting with good Faith; and

ported by an Act of Bankruptcy, securing all his Rights as a joint
compleated before the Commission and several Creditor, to prove and
issued, but not, when the Docket

elect between joint and separate

was struck: viz. Imprisonment for

Estates. Ex parte Brown. 60

Debt; the Two Months expiring

32. Commission of Bankruptcy, the

in the Interval : the Affidavit being

Right of the Subject. 65

only to Belief of Bankruptcy ge.

33. Difficulty from the Decision

nerally; not to a particular Act.

(Crispe y, Perritt) that a separate

Ex parte Dufrene.

51

Commission of Bankruptcy may

25. Commission on a concerted Aet

issue upon a joint Debts with

of Bankruptcy supported by an-

reference to the other Partners. 65

other Act of Bankruptcy. 52

34. Difficulty of considering a Com.

26. Act of Bankruptcy by Imprison-
ment for Debt relates to the first

mission of Bankruptcy as an Exe-

cution in a strict Sense.
1 52

66
27. Fraction of a Day; to support a

35. Consequence of superseding a
Commission of Bankruptcy; by

Commission of Bankruptcy all

Evidence, that it was committed falls with it. a 66

before the Commission sealed on 36. Separate Commissions of Bank-

the same Day.

54 ruptey against Partners, taken out

28. Commission of Bankruptcy, by a joint Creditor on the same

though good at Law, may be su Debt, and the same Day; imme-
perseded.

54 diately after Dissolution of the
29. Commission on a concerted Act Partnership; and no separate Cre-

of Bankruptcy supported by an ditor appearing. .
other Act, though subsequent to A joint Commission having ise

the Affidavit of Belief. 56 sued, and the petitioning Creditor

30. A second Commission of Bank under the separate Commissions

- Vol. I.

refusing

Day.

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