Bankrupt

debt, bankruptcy and creditors

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Beginning to keep the house, the being denied to a creditor, who calls for money ; but an order to be denied is not enough, without an actual denial, and that also to a creditor who has a debt demandable at the time.

Voluntary arrest, not only for a ficti tious debt, but even for a just one, if done with the intent to delay creditors, is an act of bankruptcy.

Suffering outlawry, with an intent to defraud the creditors ; but this will not make a man a bankrupt, if reversed be fore issuing a commission, or for default of proclamations after it, unless such out lawry were originally fraudulent.

Escaping from prison. Being arrest ed for a just debt of 1001. or upwards, and escaping against the consent of the sheriff.

Fraudulent procurement of goods to be attached or sequestered.

A fraudulent execution, though void against creditors, is not within the mean ing of the words attachment, or seques tration, used in the statute ; because they relate only to proceedings used in Lon don, Bristol, and other places.

Making any fraudulent conveyance. Any conveyance of property, whether total or partial, made with a view to de feat the claims of creditors, is a fraud, and, if it be by deed, is held to be an act of bankruptcy.

A conveyance by a trader of all his ef fects and stock in trade by deed, to the exclusion of any one or more of his cre ditors, has been ever held to be an act of bankruptcy.

A mortgage (amongst other things) of all the stock in trade of a tradesman, was held to be an act of bankruptcy, as being an assignment of all the stock in trade, without which he could carry on no busi ness.

A conveyance by a trader, of part of his effects to a particular creditor, car ries no evidence whatever of fraud, un less made in contemplation of bank ruptcy.

Being arrested for debt, lying in prison two months, or more, upon that or any other arrest, or detention in prison for debt, will make the party a bankrupt from the time of the first arrest ; but where the bail is fairly put in, and the party at a future day surrenders in dis charge of his bail, the two months arc computed from the time of the surren der.

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