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A

PRACTICAL AND ELEMENTARY

Abridgment of the Common Law

AS ALTERED AND ESTABLISHED

BY THE

RECENT STATUTES, RULES OF COURT,

AND

MODERN DECISIONS;

COMPRISING A

FULL ABSTRACT OF ALL THE CASES

ARGUED AND DETERMINED

IN THE

Courts of Common Law, & on Appeal.

WITH

THE RULES OF COURT, FROM M. T. 1824, TO M. T. 1840, INCLUSIVE,

AND

THE STATUTES DURING THE SAME PERIOD.

WITH

CONNECTING AND ILLUSTRATIVE REFERENCES TO THE EARLIER
AUTHORITIES AND EXPLANATORY NOTES.

BY CHARLES PETERSDORFF, Esq.,

OF THE INNER TEMPLE, BARRISTER AT LAW.

VOL. II.

LONDON:

V. & R. STEVENS AND G. S. NORTON, 26 & 39, BELL YARD, LINCOLN'S INN,

Law Booksellers & Publishers,

(Successors to the late J. & W. T. CLARKE, of Portugal Street);

AND ANDREW MILLIKEN, GRAFTON STREET, DUBLIN.

1842.

LONDON:

W. M'DOWALL, PRINTER, PEMBERTON-ROW,

GOUGH-SQUARE.

TABLE OF TITLES.

BANKRUPT. See Composition with Creditors | BANKRUPT. OF THE SEVERAL ACTS WHICH

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6. By suffering himself to be arrested for a Debt not due, 28.

7. By an Act of his Agent, 28. 2nd. Such as relate to the Disposal of the Trader's Property. 1.-By procuring Attachment, Sequestration, or Execution, 28.

2. By making, or causing to be made, either within the United Realm, or elsewhere, any fraudulent Grant or Conveyance of any of his Lands, Tenements, Goods, and Chattels.

1. In general, and by whom, 29.

MAKE A PERSON A BANKRUPT

(continued).

2. Of the Place where the Grant or Conveyance is made, 30.

3. Of the Grant or Conveyance being under Seal, 30.

4. Of the whole of his Effects,

30.

5. Of Part only of his Effects, 31.

3.-By making, or causing to be made, any fraudulent Gift, Delivery, or Transfer, of any Goods or Chattels, 32. 4. By fraudulent Surrender of Copyholds, 33.

5.-Paying Petitioning Creditor

more in the Pound than the
others, 33.

3rd. Such as relate to the Trader's
Circumstances or Credit.
1. By Petitioning Creditor filing
an Affidavit in Court of
Bankruptcy, 33.

2. By Debtor filing Declaration
of Insolvency, 33.

3. By filing Petition to take the Benefit of the Insolvent Act, 34.

4. By lying in Prison after being arrested for Debt, 34.

5. By Members of Parliament, 35. III. OF THE PETITIONING Creditor. (a) In general, 35.

(b) With reference to his Person.

1. Companies, Public, 36.

2. Composition, Parties to Deed of, 36. 3. Mortgagee, 37.

(c) With Reference to his Debt.

1. As to the Amount, 37.

2. As to the Time when contracted, 37.

3. As to its particular Species.

1. When due on Bills and Notes,

37.

2. When due on a Check, 38.
3. When due on a Debt, barred
by the Statute of Limitations,
39.

4. When due on an I. O. U., 40. With reference to his Privileges, 40. With reference to his Duty and Liability, 40.

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