32 & 33 Vict. c. 71. Description of bankruptcy. (5.) All goods and chattels being, at the commencement of the bankruptcy, in the possession, order or disposition, of the bankrupt, being a trader, by the consent and permission of the true owner, of which goods and chattels the bankrupt is reputed owner, or of which he has taken upon himself the sale or disposition as owner; provided that things in action, other than debts due to him in the course of his trade or business, shall not be deemed goods and chattels within the meaning of this clause. 31. Demands in the nature of unliquidated damages arising debts provable in otherwise than by reason of a contract or promise shall not be provable in bankruptcy, and no person having notice of any act of bankruptcy available for adjudication against the bankrupt shall prove for any debt or liability contracted by the bankrupt subsequently to the date of his so having notice. Interest on debts. Proof in respect of Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the bankrupt is subject, at the date of the order of adjudication, or to which he may become subject during the continuance of the bankruptcy by reason of any obligation incurred previously to the date of the order of adjudication, shall be deemed to be debts provable in bankruptcy, and may be proved in the prescribed manner before the trustee in the bankruptcy. 36. Interest on any debt provable in bankruptcy may be allowed by the trustee under the same circumstances in which interest would have been allowable by a jury if an action had been brought for such debt. 37. If any bankrupt is at the date of the order of adjudication distinct contracts. liable in respect of distinct contracts as member of two or more distinct firms, or as a sole contractor, and also as member of a firm, the circumstance that such firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of such contracts, against the properties respectively liable upon such contracts. Set-off. 39. Where there have been mutual credits, mutual debts, or other mutual dealings between the bankrupt and any other person proving or claiming to prove a debt under his bankruptcy, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of such account, and no more, shall be claimed or paid on either side respectively; but a person shall not be entitled under this section to claim the benefit of any set-off against the property of a bankrupt in any case where he had at the time of giving credit to the bankrupt notice of an act of bankruptcy committed by such bankrupt and available against him for adjudication. 32 & 33 Vict. c. 71. 49. An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or breach of trust, nor from any debt or liability whereof he has obtained Effect of order of forbearance by any fraud, but it shall release the bankrupt from all discharge. other debts provable under the bankruptcy, with the exception of (1) Debts due to the Crown: (2.) Debts with which the bankrupt stands charged at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence: And he shall not be discharged from such excepted debts unless the commissioners of the treasury certify in writing their consent to his being discharged therefrom. An order of discharge shall be sufficient evidence of the bankruptcy, and of the validity of the proceedings thereon, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by such order, the bankrupt may plead that the cause of action occurred before his discharge, and may give this act and the special matter in evidence. 50. The order of discharge shall not release any person who, at Exception of the date of the order of adjudication, was a partner with the bank- joint debtors. rupt, or was jointly bound or had made any joint contract with him. fraudulent preferences. 92. Every conveyance or transfer of property, or charge thereon Avoidance of made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own monies, in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors, shall, if the person making, taking, paying, or suffering the same become bankrupt within three months after the date of making, taking, paying, or suffering the same, be deemed fraudulent and void as against the trustee of the bankrupt appointed under this act; but this section shall not affect the rights of a purchaser, payee, or incumbrancer in good faith and for valuable consideration. 94. Nothing in this act contained shall render invalid,— (2.) Any payment or delivery of money or goods belonging to a Protection of certain transac tions with bank rupt. 32 & 33 Vict. c. 71. Power to present petition against one partner. Evidence of proceedings in bankruptcy. Saving as to joint contracts. Saving as to debts contracted prior to August, 1861. (3.) Any contract or dealing with any bankrupt, made in good faith and for valuable consideration, before the date of the order of adjudication, by a person not having, at the time of making such contract or dealing, notice of any act of bankruptcy committed by the bankrupt, and available against him for adjudication. 100. Any creditor whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present such petition against any one or more partners of such firm without including the others. 107. Any petition or copy of a petition in bankruptcy, any order or copy of an order made by any court having jurisdiction in bankruptcy, any certificate or copy of a certificate made by any court having jurisdiction in bankruptcy, any deed or copy of a deed of arrangement in bankruptcy, and any other instrument or copy of an instrument, affidavit, or document made or used in the course of any bankruptcy proceedings, or other proceedings had under this act, may, if any such instrument as aforesaid or copy of an instrument appears to be sealed with the seal of any court having jurisdiction, or purports to be signed by any judge having jurisdiction in bankruptcy under this act, be receivable in evidence in all legal proceedings whatever. 112. Where a bankrupt is a contractor in respect of any contract jointly with any other person or persons, such person or persons may sue or be sued in respect of such contract, without the joinder of the bankrupt. 118. No person, not being a trader, shall be adjudged a bankrupt in respect of a debt contracted before the date of the passing of the Bankruptcy Act, 1861. INDEX. [Should the Index be found defective in any part, the reader is referred to the full ABODE, of payee of bills under 51., 83. A. formerly must in some cases have been stated, 83. ACCEPTANCE, what it is, 1, 184. what it admits, 199, 465. effects of, 3. by partners, 41, 45, 46, 47. cross acceptances, 125, 448-454. by one of several, not partners, 186. liability of drawee before acceptance, 184. cannot be two several acceptances of the same bill, 186, 195. before bill filled up, 187. oral, not before bill in existence, 188. after bill is due, 189. after previous refusal to accept, 189. of inland bills, must be in writing on the bill, 189. what will be such acceptance, 189. is irrevocable, 191. of foreign bills, 190, 191, 394. promise to pay, 190. to whom it may be made, 190. promise to accept, 190. detention of the bill, 191. destruction of it, 191. what engagement the holder may require of acceptor, 192. proper conduct for holder to pursue in case of qualified acceptance, 192. condition may be contained in a collateral contemporaneous writing, but a verbal contemporaneous condition not admissible, 99, 193. condition must be set out in pleading, though performed, 194. payable at a particular place, 194. acceptance inchoate and revocable till delivery, 195. ACCEPTANCE-continued. how discharged, 196. by express renunciation, 197. by taking other security, 198. in case of joint acceptors, by taking security from one, 198. presentment for acceptance, 180-183. release of acceptor, 237, 246. release by or to one of several, 238. how far covenant not to sue will operate as release, 238, 246. agreement not to sue, 247. effect of release may be restrained by the terms of the instrument, admits drawer's handwriting, 199. and authority of agent to draw, 33, 200. where drawee cannot dispute his acceptance, 200. by agent. See Agent. by executor. See Executor. by partner. See Partner. by infant. See Infant. by married women. See Married Woman. by corporation. See Corporation. ACCEPTANCE SUPRA PROTEST, mode of accepting supra protest, 261. who may so accept, 262. whether there may be several acceptors supra protest, 262. conduct for holder to pursue who takes an acceptance supra protest, 262. presentment for payment to the drawee still necessary, 262. liability of acceptor supra protest, 263. against what parties acceptor supra protest acquires a right of ACCOMMODATION BILL, what it is, 129. what it is in common language, 404. what it is in strictness, 404. when an accommodation acceptor can recover costs of an action when a defence that a bill was drawn for accommodation, 121, 129. drawer of, not entitled to notice of dishonour, 292, 293. drawer discharged by indulgence to the acceptor, 243. payment supra protest, 267. proof of, in bankruptcy, 448, 454. in the hands of an indorsee for value, 454. may be indorsed by bankrupt after bankruptcy, 464. operation of Statute of Limitations as to, 342. ACCOUNT, direction to place to, 88. mutual, when not barred by the Statute of Limitations, 348. ACCOUNT STATED, when a bill or note evidence under, 435. within Statute of Limitations, 348. |