D.

Vol. Page.

DATE OF A DEED not essential, though better to be
introduced; the time of delivery being the actual
date

i. 154 n. 3.

DEBTOR AND CREDITOR. At a meeting of creditors
the terms of agreement should be reduced into
writing, and signed

There should be a proviso to avoid the deed in case
all the creditors to a certain amount do not ac-
cede within a limited time, as to third persons
not privy, the assignment might amount to an
act of bankruptcy
The giving of any exclusive advantages to parti-
cular creditors to induce them to sigu, will in-
validate the deed

A deed of composition binding on all who accept
a dividend, though they do not sign; and also
upon all who verbally assent, if an assignment is
thereon made

The like as to conveyance in trust of freeholds
Debtor not excluded, though he do not come in

within the time limited

Creditors who stand out may be compelled by
bill in equity to come in or renounce
Conveyance of a debtor's estate and effects with-
out the consent of his creditors, is an act of bank-
ruptcy, if executed in England, but not else-
where

vi. 1

vi. 15

vi. 16

vi. 23

vi. 57

vi. 31

ib.

vi. 58, 59

But a surrender of copyholds for benefit of credi-
tors will be no act of bankruptcy

A partial assignment for the benefit of one credi-
tor, in contemplation of bankruptcy, will be an
act of bankruptcy

And the clause usually introduced to avoid the
deed, if all the creditors do not come in and
sign by a particular time, will not prevent its
being such, inasmuch as it should seem that
the creditors are thereby delayed. Vide Case
and Observations thereon

But a conveyance of part to one or more, bona
fide, will not be so

Unless such assignment in fact comprise the whole
except a small part only ·

And when it professes to be an assignment from
two, but is only executed by one, it affects as
an act of bankruptcy that part only

vi. 58

vi. 59

vi. 204

vi. 60

ib.

vi. 206

DEBTOR AND CREDITORS.-Continued.

Vol. Page.

Persons indebted to the debtor should have notice

of the trust deed

Deeds for sale, and declarations of the trusts there-

of, should be by separate instruments
Agreement between debtor and creditors at a
meeting

To accept so much in the pound

And enter into certain covenants

Agreement for a deed of composition, and to lead

Deed of composition between

the trusts thereof

Letter of licence from creditors

Creditors not to molest debtor

If they do, debts to be void

Covenant by debtor to deliver true accounts

Law and other expences to be first paid

Dividends may be retained for outstanding creditors

To collect in, and distribute effects

Allowance to debtor for his support

Small creditors to be paid in full

Debtor not to incumber property

Nor give undue preference

Will not embark in any new concern

Will keep proper accounts

To be inspected by the creditors

To state accounts once a month

And verify the same upon oath, if required

Inspectors of the accounts may appoint clerks
May bail debtor if arrested

May prolong the time for payment of debt
Covenant by debtor to pay within time limited
Covenant that creditors will accept their debts in
manner agreed on

That if debts are not paid at the time, and the
debtor then give up his estate and effects, the
creditors will release

ib.

11. 29

If debtor become bankrupt, creditors to come in
under the same

vi. 30

If debtor fail in performance of covenants, or credi-
tors refuse to come in, deed to be void

Declaration that the estate until sold, shall be con-

sidered as personalty

vi. 49

Usual covenants for the title from debtor.

ib.

Vol. Page.

DEBTOR AND CREDITORS.—Continued.

Proviso to avoid deed, if creditors do not come in vi. 56
Assignment of leaseholds for the benefit of credi-

Contracts of trustees to be valid

Their receipts to be discharges

To stand possessed of monies declared in another

deed

Usual covenants for the title from the debtor
Covenant from trustees to pay rent

vi. 59
vi. 64

ib.

vi. 65

ib.

vi. 68

vi. 69

vi.

70

vi. 71

vi. 78

Clause avoiding the deed if creditors do not come

in

vi, 80

Declaration of trust, as to the monies to arise by
sale

Upon trust to defray necessary expences and
charges

Those for payment of debts rateably by instalments vi.
According to legal priorities, if so

Surplus to debtor

Proviso as to debts not due

Power to discharge extents, &c.

Power to pay debts in full not exceeding £20
May pay debts of infants

May set apart instalments for creditors abroad
Debts to be proved on oath if required
Discretionary power to trustees to admit debts

Creditors holding securities not to be prejudiced vi. 94
Trustees may compound and sign certificates
May give time

May sell contingent interests and doubtful debts
May buy in at auctions

vi. 86

87

ib.

vi.

90

Doubts respecting debts, &c. may be referred to

arbitration

Trustees may hire counting house, clerks, &c.
May commence or defend actions

Power to give up certain property to debtor
Receipts of trustees discharges

Covenant that the trustees will duly apply the trust

monies

That money in hand shall be placed at a banker's
That accounts shall be stated every six months
That trustees will act faithfully

vi. 99

ib.

vi. 100

vi. 101

ib.

vi. 102

Vol. Page.

DEBTOR AND CREDITORS.—Continued.
If the debtor sued, debt to be forfeited
If debtor has been guilty of concealment, he may
be sued

But the fault of one partner not to prejudice the

other

Creditors not acceding within a limited time, to be
excluded

Unless they reside abroad

No creditor to be admitted, unless claim made be-
fore final dividend

Nor then, except on condition of not disturbing
former dividends

Debts omitted in the schedule may nevertheless be
discharged

Trustees may convene a meeting of the creditors

where they have doubts.

Acts of major part of trustees valid

vi. 107

vi. 108

ib.

vi. 110

vi. 111.

ib.

ib.

vi. 114

ib.

vi. 115

Doubts to be determined by counsel

ib.

To defray expences

And overplus to debtor

Then to pay debts rateably by instalments

Proviso as to debts not due

Power to discharge extents

Power to pay debts in full not exceeding £20

May set apart instalments for debtors abroad
Debts to be proved on oath if required

Discretionary power to admit debts

Trustees may compound and sign certificates
May give time for payment of purchase money
May sell contingent interests and doubtful debts
May buy in estates at auction

May arrange with creditors for transfer of stock
Doubts as to debts may be referred to arbitration
Trustees may hire counting houses and clerks
May commence or defend actions
May give up certain property to debtor

vi. 134

ib.

vi. 135

vi. 136

ib.

vi. 137

vi. 138

ib.

ib.

vi. 139

ib.

vi. 140

ib.
vi. 141

ib.

ib.

ib.

ib.

vi. 142

vi. 143

ib.

If debtor guilty of concealment, creditors may sue vi. 149,

Creditors not coming in within a limited time to

No creditor to be admitted, unless claim made be-
fore final dividend

150

But one copartner conforming, not to be prejudiced
by default of the other

vi. 149

be excluded

Unless they reside abroad

vi. 150

vi. 151

ib.

vi. 152

vi. 153

vi. 154

ib.

vi. 156

ib.

ib.

Debts omitted in schedule may be discharged
Trustees may convene a meeting of the creditors
on doubts

Acts of the major part of the trustees effectual
Doubts to be determined by counsel
Trustees not to be answerable for each other
May retain expences

Creditors to indemnify trustees

Covenants for the title on the part of the debtor vi. 157
That trustees will pay rent and taxes

vi. 161

Proviso, if creditors do not come, deed to be void vi. 163
Assignment of leasehold and personal estates for

Trustees to stand possessed upon trust to sell, &c. vi. 172

Contracts by trustees valid

vi. 173