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Vol. Page.
BANKRUPTS.-Continued.

And if a bankrupt be not a trader at the time of

the executing a conveyance without fraud; it
will be good, though he afterwards become a
trader

vi. 208
Also a bankrupt's acts do not extend to estates out
of Great Britain

vi. 208, 212
Nor can he be compelled to give them up, or exe.

cute any appointment for the benefit of his
ditors

ib,
Assignees may be chosen either from the creditors
or not

vi. 208,9
A pecuniary consideration necessary to support the
bargain and sale

i. 117. vi. 209
The words ordered and directed must be used in the

bargain and sale, as the commissioners' autho-

rity is derived specially under the statutes vi, 210
Copyholds of the bankrupt pass by the bargain and
sale without surrender

vi. 211
Of the parcels in the bargain and sale, and which
pass thereby

vi. 211
Future real estates acquired before certificate, will
require a new bargain and sale

vi. 211, 212
But future personal estates pass by the first assign-
'ment

vi. 222
Bargain and sale does not affect wife's dower vi. 212
A possibility that can be released will pass by the
bargain and sale

ib.
What choses in action will pass

vi. 213
Assignees entitled to the custody of deeds and the
proceedings

ib.
Qu. Whether assignees ought to covenant jointly
and severally

vi. 214
Heirs of bankrupt, what remedy against

vi. 215
Assignees are trustees for the bankrupt, as to any
surplus

ib.
Qu. Whether assignees ought to covenant to indem-
nify the commissioners

vi, 216
Bargain aud sale must be inrolled in a court of

record, and to bar an estate tail, in one of the
courts at Westminster

vi. 217
If lost, the court will not allow the enrolment of

ib.
What chattels pass by the commissioners' assign-
ment

vi. 218, 219, 220
Effect of bankruptcy on copartnership property vi. 221
How far wife's property affected by bankruptcy

ib.
Future personal estates pass by first assignment vi. 222
How far bankrupt discharged from payment of
rent by the commission:

ib,
Assignees are trustees of the surplus for the benefit
of the bankrupt

vi, 223

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Vol. Page.
BANKRUPTS.- Continued.

Provisional assignment is made to prevent the pro-

perty being dissipated; or prevent an extent
which binds froin the teste, or a distress for rent
by the assignees' removal of the goods, or to
provide for the carrying on of the trade till as-
signees are chosen, particularly where the goods
are of a perishable nature

vi. 227
BANKRUPTCY, proviso for avoiding lease in case of
bankruptcy

ii. 519
Form of shifting the limitation in marriage set-

tlement in case of bankruptcy, for protection of
wife's estate

vi. 532, 553, 631
But this can only be done in respect of the wife's

estate, and not in any way in respect of the hus.
band's

vi. 533
BARGAIN AND SALE to be enrolled, form of a deed of i. 116
Where it is of a remainder or reversion

i. 346
Must be by writing indented

i. 116 n. 2.
And under seal

i. 129 n. 36.
And be for a valuable consideration

i. 116 n. 6.
What estates may be the subject of a bargain and
sale

i. 118 n. 11
Use of must be limited to the bargaivee i. 121 n. 18.
Cannot be made to a trustee to prevent dower
Nor where powers of leasing are intended to be
reserved

ib,
Must by 27 Hen. 8.c.16, be enrolled in the courts at

Westminster, or with the custos rotulorum,within
six calendar months, to be computed exclusively
of the day of the date of the deed, and inclu-
sively of the day of inrolment; but in case of
omission, relief may be bad in equity

i. 12
Should be referred to in a deed of release of the
same premises

i. 159
Inrolled mortyage by

iv. 32
BARGAIN AND SALE FOR A YEAR referred to in
a deed of appointment

i. 137
In deeds of release

i. 166
Improved mode of reference thereto recommend.

i. 167
See also the various other precedents.
Form of

i. 146
The like where contained in the release

i. 205,7
There should be the same parties thereto as to the
release

i. 146
Order of naming them

i. 147, 148
A pecuniary consideration necessary to vest the pos-

session, though iminaterial whether it be paid or not i. 148

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Vol. Page

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BARGAIN AND SALE FOR YEAR.- Continued.

Corporations, &c. conveying by lease and release,

must do it by a lease at the common law,
followed by actual entry, in which lease the
words demise and lease, instead of bargain and
sale must be used

i. 149
And with omission of the reference to the statute
of uses

i. 152
The words wuys, paths, &c. ought not to be used
in this bargain and sale

i. 150
The limitation to the bargainees should commence
immediately

i. 150, 151
The habenduin should be for one year, though a

month, a week, or less space of time will be suf-
ficient

i. 151
Reference to the release in the bargain and sale for
a year, reason thereof

i. 153
BARGAIN AND SELL are words improper to be used
in deeds of feoffment, and the reason

i. 95
Are the most appropriate words in a deed of bar-

gain and sale to be inrolled, though not abso-
lutely essential

i. 118 n. 10.
Force of the words as to lands in Yorkshire i. 122 n. 20.
The most effective words in a lease for a year,

though the word demise, which has no operation,
is sometimes used

i. 148
BASE FEE, what

i. 214
BASTARDS, devise to

vi. 799
Devise to must precisely describe them, otherwise
it will be void

vi. 799, 800
Proper mode of limiting lands to, for the purpose

of preventing an escheat, and saving the re-
version to the original devisor

vi. 800
BILL OF SALE OF GOODS

å. 533
Memorandum to be indorsed, if possessiou deliver-
ed

ii. 534
Invalid unless possession delivered

ib.
BISHOP, lease from

jä. 398
BOND taken on a mortgage, is only as a collateral secu-

rity in case the estate should be deficient it. 65
Taken for the resignation of a living good

803
Botes or estovers allowed by law for repairs ii. 269
Reservation of

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BREACH OF COVENANTS in lease, effect of

how waived

ii. 78
ii. 79

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CESTUI QUE TRUST under a will, taking the bene-

ticial interest, should covenant for the title ii. 233, 247
And ought to be made a party to the conveyance

ii. 233, 247

es-

CHANCERY AGREEMENT for purchase of an

tate, where by reason of infancy or other disabi-

lity, the contract is to be executed in Chancery i.. 11
CHARITABLE USES, devise for

vi. 796
In wbit cases good

ib.
Musi be specitic and certain

vi. 797
CHILDREN. Power to appoint amongst children, cannot
be partially executed to the exclusion of

any

of
them

vi. 582
Such power does not extend to grandchildren, un-
less so expressed

ib.
CHOSES IN ACTION not being assignable, in assign-

ments thereof there should be a power of at-
torney to receive

ji. 814
Survive to the wife on the death of her husband,
and do not go to his representatives

vi. 575
CHURCH, repairs of

iii. 54
See also Avoidance and Bishop's Lease.
COLLATERALS. Limitation of uses to collateral rela-

tions in marriage articles, will be supported in
equity

vi. 375
And decreed in equity against the heir

vi. 376
Observations hereon

ib,
COLLIERY. A purchaser entitled to the immediate

profits from the preceding week, or usual time of
making up the accounts

i. 10 n. 13.
Lease of

iii. 300,
COMMON. Form of a conveyance of a right of

i. 405
Observations on the means by which a right of
common may be granıed to a stranger

i. 405
COMPOSITION. Agreement to accept and give time vi. 1
Deed of between debtor and creditors

vi. 16
CONCORD OF A FINE, what

2.
CONSIDERATION in an executory agreement should
be certain

i. 4, 5,9
i. 384
Of tithes to a purchaser

i. 106 n.

Vol. Page.
CONSIDERATION:- Continued.

i. 8
Until the Stat: 48 Geo. 3. c. 149. imposing an ad

valorem duty, there was no actual necessity for
mentioning the consideration in a deed of release i. 157
May be declared in an agreement to be realty, and
vice rersa

i. 23
Vendor has a lien on the land for the consideration i: 158
Receipt for the consideration should be given i. 159
Cautions respecting the signing of

ib,
* Other valuable considerations thereunto moving,"
reason of using these words

i. 160
A valuable one wecessary in an assignment of the
wife's personalty

ii. 516
Recital of appointment of

i. 278
Receipt for

iv. 24
Where part is paid down on execution of

agree-
ment

i. 7, 13, 15
In an agreement where it is the transfer of stock i. 8
In an agreement, when it is to be secured on the
premises

i. 8, 13
In an agreement when it is a sale by the directions
of a court of equity

i. 8
In an agreement, when it is in consideration of
the grant of an anonity

i. 6, 20
In a release, where it is a transfer of stock

i. 157
Where the premises were sold by auction

jb
Where sold hefure a master

i. 158, 197
Where part of the consideration is returned on ac-
count of miuority

i. 201
CONTINGENT INTERESTS, grant of

i. 250
CONVEYANCES by lease and release from à vendor
to a purchaser

i. 146, 204
From tenant in tail in possession to a purchaser i. 214
From tenant for life to a purchaser

i. 243
Of copyholds by surrender, and deed of covenants i. 257
Of freehold and copyhold lands to a purchaser i. 276
Observations thereon

ib. n. 1.
Also of leaseholds in the same deed

i. 287
And declaration that the copyholds shall not be
prejudiced thereby

i. 298
Of plantations in the West Indies

i. 301
No lease for a year necessary in such case i. 303
Of a moiety or other portion

i. 313
Of a remainder or reversion

i. 330
Of an equity of redemption

i. 349
Of an advowson

i. 369
Of the next right of presentation

i. 397 n. 1
Of a right of common

i. 405
Of a right of way or passage

i. 409

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