ARREST,

trader suffering himself to be arrested for a debt not due, or
procuring himself to be arrested, when an act of bank-
ruptcy, 52.

privilege from :-

of creditor, 154, 419.

of witness, 279.

of bankrupt, after surrender, 263.

at all times as to debts proved, 414.

and if certificated, as to all debts provable, 298, 414.

ASSESSED TAXES,

arrears of, when a lien upon bankrupt's goods, 174.
ASSIGNEE, PROVISIONAL,

no longer necessary in town fiats, 92.

in country fiats, where necessary, 92.
ASSIGNEES, OFFICIAL, appointment of, 160.

in town fiats, operates as a provisional assignment, 92.
form of appointment, ii. 20.

duties of, 371.

disabilities and liabilities of, 372.

incapable of being elected or sitting as a member of parlia-
ment, 8, 372.

not to carry on any trade or business, or other office or em-
ployment, 372.

to give security, 372.

to be equally divided among the six commissioners, 161.
to be appointed to act in rotation, to be settled by ballot, un-
less in special cases, 161.

are alone to possess and receive rents and profits of real estate
and all personal estate, unless otherwise ordered, 160.
must transfer, pay, &c. all stock, monies, &c. into the Bank,
168.

and unclaimed dividends and surplus, 309.

neglecting to transfer, pay, &c. shall be charged 20 per cent.,
168, 310.

when appointed, shall be deemed to be sole assignee until
choice, 160.

not to interfere with the appointment of solicitor, 371,

or as to manner of effecting sales, 371.
power to appoint to existing commissions, 160.

but not to prejudice action, &c., 161.

recommended that none be appointed under commissions
already opened unless good cause, 161.

shall find sureties for 6,0004., and with his sureties execute
bond to the registrars, 372.

shall be made liable to the whole amount, and sureties of, to
what amount and in what proportions liable, 372.
to give notice to the chief registrar in writing of the death or
insolvency of either of the sureties, and, if required,
cause a new bond to be executed by another surety, 372

SSIGNEES, OFFICIAL-(continued).

shall follow the instruction of his commissioner, subject to the
directions of the court, 371.

shall pay into the Bank of England all sums come to his
hands when they shall amount to 100%., 170.

in paying money into the Bank of England, shall deliver to
the Bank a statement in writing, and take a receipt,

and deliver such receipt to the Accountant in Bank-
ruptcy, 170.

shall present unaccepted bills of exchange for acceptance, 371.
shall deposit all bills, notes, and negotiable instruments at
the Bank, 168.

and shall leave a statement in writing with the cashier of the
Bank, and shall take a receipt for the same, 168.
remuneration to, may be paid out of monies, &c. in the Bank
by a commissioner's order, 171.

shall prepare books of drafts for dividends, 304.

and take the same to the Accountant in Bankruptcy, 304.
in case of death, removal, sickness, or absence of, 305.
remuneration and allowance to, 373.

ASSIGNEES, CREDITORS', their rights, duties, liabilities, &c.,
373.

1. Their rights, 373.

as to the bankrupt's property, 373.

as to the appointment, &c. of the solicitor, 375.

under existing town commissions shall retain the custody of
the commission and proceedings, 375.

and in country fiats they have the custody of the proceedings,
&c., 375.

they may reimburse themselves out of the estate, 376, 315.
they may depute other assignees to act for them, when, 376.
they may sue out a fiat against a debtor of the bankrupt, 376.
or prove upon his estate, 150.

liable for costs of suit carried on without sanction of creditors,
376, 405.

they may call on the petitioning creditor for the particulars of
his debt, 73.

determination of the majority binds the others, 376.

2. Their duties, 376.

as trustees, 374.

in calling meetings, 376.

in collecting debts, 376.

in country fiats, paying the proceeds of the estate into the
hands of the bankers, 377, 167.

in keeping accounts, 377.

how compellable to produce them, 301, 377.
accounts to be audited before dividend, 300.

form of them, ii. 110, 118.

affidavit of the truth of them, ii. 111.

in preventing frauds, 378.

ASSIGNEES, CREDITORS'-(continued).

in distributing the estate, 378.

in filing certificate of unclaimed dividends, and surplus, 378.
3. Their liabilities, 378.

to the solicitor and messenger, 1or the amount of their bills,
378.

to the owners of property taken by them, 378.

for the acts of their agents, 378.

for money received by them as assignees, 379.

not liable for the default of each other, 379.

not liable for rent, unless they accept the lease, 380.
cannot be relieved from their liability, 380.

4. Actions by and against them, 380.

what actions, by assignees, 380.

against assignees, 384.

who to be parties in actions by assignees, 384, 441.

declaration, 385.

against assignees, 385.

in actions by assignees, defence, 386.
Statute of Limitations, 387.

set-off, 387, 122–126.

in actions against assignees, 387.

payment of money into court, 387.
evidence, in actions by assignees, 389.

in actions against assignees, 389.
proof of the petitioning creditor's debt, 389.
trading, 390.

act of bankruptcy, 391.
commission or fiat, 391.
assignment, 391.

and cause of action, 391.

verdict or adjudication when evidence of bankruptcy, 392.
in what cases the depositions are conclusive evidence of the
petitioning creditor's debt, trading, and act of bank-
ruptcy, 392.

in what cases these facts need not be proved, without notice,

394.

what documents to be entered of record, before given in evi-
dence, 398.

what office copies evidence, 400.

witnesses, 400.

creditors, 400.

assignees, 401.

petitioning creditor, 401.

the bankrupt, 401.

the bankrupt's son, being ostensible partner, 402.
wife, 402.

judgment, &c., 492.

debtor to the estate, discharged by payment to the assignees,

402.

costs, 402.

ASSIGNEES, CREDITORS'-(continued).
4. Actions by and against them-(continued).

action commenced by bankrupt, and continued by the assig-
nees, 403.

costs therein, 403.

5. Suits in equity, &c., 404.

in what cases, 404.

with consent of creditors, 404.

in whose names, 405.

evidence, 406.

submission of disputes to arbitration, 406.

agreement to refer may be made a rule of the Court of Bank-
ruptcy, 406.

how, 406.

award, how to be enforced, 406.

compounding or taking security for debts due to the estate,
404.

advertisement of the meeting to consent to the assignees com-
mencing suits, &c. ii. 99.

memorandum thereof, ii. 100.

consent of commissioners where one-third in value of the creditors
do not attend the meeting, ii. 101.

6. Effect of the death, bankruptcy, or removal of an assignee,
165, 407, 408.

as to bankrupt's estate, 407.

as to suits commenced, 408.

as to money received by him, 408

ASSIGNEES, CHOICE OF:-
who may be chosen, 162.

to be chosen at the first public meeting or adjournment thereof,
163.

by the majority in value of the creditors present who
have proved debts of £10 or upwards, 163.

advertisement of the meeting, ii. 57.

the same under a renewed commission, ii. 145.

memorandum of the choice, appointment, and acceptance,
164.

form of it, ii. 54, 55.

may be rejected, and a new choice ordered by the commis-
sioners, 162.

memorandum of, ii. 56.

death of, 165.

removal of, for misconduct, 165.

upon becoming bankrupt, 165. See ii. 131.

at their own request, 166. See REMOVAL OF ASSIGNEES.
appointment of banker, necessary in country fiats only, 167.
produce of the estate to be paid into his bank, 167.

or it may be ordered to be invested in exchequer bills,
167, 168.

form of order for investing, ii. 106.

ASSIGNEES, CHOICE OF—(continued).

penalty on assignees retaining it in their hands, 168, 310.
under joint and separate fiats, 434.

in what cases competent witnesses, 401.

may prove the petitioning creditor's debt, if they have released
their own debts, 74, 401.

in what cases they may retain dividends for debts due to them
individually by creditors, 303.

ASSIGNEE of chose in action,

proof by, 151.

deposition by assignee of a bond, ii. 39.
by assignee of a debt, ii. 45.

ASSIGNMENT, how proved, 391.

ASSIGNMENT, and bargain and sale, no longer necessary,

172.

ATTACHMENT. See FOREIGN ATTACHMENT.

ATTESTATION of petition, 345.
form of, ii. 146.

ATTORNEY,

not a scrivener, 38.

may be petitioning creditor, when, 68.
his lien on papers, 28, 217. See SOLICITOR.

ATTORNIES AND SOLICITORS

may be admitted of the Court of Bankruptcy, 26.
may plead in Court of Bankruptcy without counsel, except in
Court of Review, or on issues, 26.

to be admitted and enrolled, 27.

by producing their certificate and affidavit of their being at-
tornies or solicitors, and of the date of admission, 27.
must be enrolled in the registrar's roll or book, 3, 27.
if residing within ten miles of London, must enter their names
and places of abode, or other places, for service of notices,
&c. within one mile of the registrar's office, in the regis
trar's book, 27.

changing their places of abode, or other places appointed for
notices, &c. shall enter the same in the registrars'
book, 27.

AUCTION DUTY, 31.

AUDIT of the assignees' accounts before dividend, 300.
advertisement of meeting for, ii. 108.

memorandum of, ii. 109, 120.

no fee payable for under existing commissions, if no assets,
314.

See DIVIDEnd.

AUTRE DROIT,

property in bankrupt's possession in, does not pass to his
assignees, 239-246.