is included in the London Bankruptcy District, under the sole jurisdiction of the Court of Bankruptcy in London for the time being; and

13330. Transfer to London.-Whenever the judge of any County Court and the creditors under a bankruptcy agree that the interests of all parties under a bankruptcy will be better served by transferring the proceedings to the London Court of Bankruptcy, such transfer may be effectually made.

NECESSARY CONDITIONS.

13331. Debts under £50.—A person whose aggregate debts are less than £50 cannot be made a bankrupt under any circumstances; but,

13332. Debts of £50.-Every person who owes as much as £50, and who has committed an act of bankruptcy (13347), may be made a bankrupt any time within six months next after the commission of such act; though,

13333. Six Months.-An act of bankruptcy will not justify or sustain proceedings in bankruptcy unless such proceedings are commenced before the end of six months next after the occurrence of such act.

NON-TRADERS.

13334. Old Law.-Under the old bankruptcy law, a person who was not a trader could not be made a bankrupt.

13335. New Law.-Under the present law of bankruptcy, the fact that a person is not a trader will not in general affect his liability to become a bankrupt; but,

13336. Some Distinction.—There is some distinction kept up still in bankruptcy between a trader and a non-trader.

13337. Specified Persons.-Farmers, graziers, common labourers, and workmen for hire, are expressly designated non-traders within the terms of the Bankruptcy Act.

13338. Miscellaneous Persons. -All persons, for purposes of bankruptcy, are non-traders who are not expressly designated traders by the Act; (^) and

TRADERS.

13339. Traders, for purposes of bankruptcy, are expressly defined by the Act, as follows:—

Alum makers, apothecaries, auctioneers, bankers, bleachers, brokers, bricknakers, builders, calenderers, carpenters, carriers, cattle or sheep salesmen,

(a) See Appendix P.

coach proprietors, cow keepers, dyers, fullers, keepers of inns, taverns, hotels, or coffee-houses, lime burners, livery-stable keepers, market gardeners, millers, packers, printers, sharebrokers, shipowners, shipwrights, stock brokers, stock jobbers, victuallers, warehousemen, wharfingers, persons using the trade or profession of a scrivener, receiving other men's moneys or estate into their trust or custody, persons insuring ships or their freight or other matters against perils of the sea, persons using the trade of merchandize by way of bargaining, exchange, bartering, commission, consignment, or otherwise in gross or by retail, and persons who, either for themselves or as agents or factors for others, seek their living by buying and selling, or buying and letting for hire goods or commodities, or by the workmanship or the conversion of goods or commodities.

PARTNERS.

13340. A private firm of partners may be made bankrupt all upon one petition, or upon several petitions; and

13341. There are special rules of proceeding with reference to the bankruptcy of partners; thus,

13342. The private creditors of each individual partner are entitled to hold separate meetings and to take separate control of such individual's separate estate (7094); and

13343. The private creditors of each individual partner may, if they choose, appoint their own committee of inspection (13293) with reference to the separate estate; but,

13344. The same person must be the trustee of the joint estate, and also of all the separate estates, and must be appointed at an aggregate meeting of all the creditors.

COMPANIES.

13345. Cannot be Bankrupt.-Joint-stock companies cannot be made bankrupt; as,

13346. Separate Arrangements.-Separate arrangements for the liquidation of companies are made in the Companies' Acts (7863)

ACTS OF BANKRUPTCY.

13347. The acts which will sustain proceedings in bankruptcy against debtors are set forth in the Act, as follows:

13348. Assignments.-That the debtor has, in England or else where, made a conveyance or assignment (13175) of his property to a trustee or trustees, for the benefit of his creditors generally; or. 13349. Fraudulent Conveyance.-That the debtor has, in England or elsewhere, made a fraudulent conveyance, gift, delivery, or transfer of his property or any part thereof; or,

13350. Defeat of Creditors.-That the debtor has, with intent

defeat or delay his creditors, done one of certain specified acts; namely :

13351. Departed out of England; or,

23352. Remained out of England; or,

13353. Being a trader (13339), departed from his dwellinghouse, or otherwise absented himself; or,

13354. Begun to keep house ;* or,

13355. Suffered himself to be outlawed.

13356. Distinction.-The distinction between traders and nontraders for purposes of bankruptcy is clearly illustrated in the three foregoing and the two following justifications for bankruptcy prescribed by the Act; namely :

13357. Executions.-That execution issued against the debtor on any legal process, for the purpose of obtaining payment of not less than £50, has in the case of a trader been levied by seizure and sale of his goods:

13358. Statutory Default.-That the creditor presenting the petition has served in the prescribed manner (13359) on the debtor a debtor's summons, requiring the debtor to pay a sum due, of an amount of not less than £50, and the debtor being a trader has for a space of seven days, or not being a trader, has for the space of three weeks succeeding the service of such summons, neglected to pay such sum, or to secure or compound for the same; thus,

13359. Debtor's Summons. - When a debtor owes any one creditor £50 or upwards, and such creditor is prepared to prove that he has used reasonable efforts in vain to procure payment of his debt, he may, on application to the bankruptcy court of the debtor's district, procure the issue of a debtor's summons to be served upon the debtor by an officer of the court.

DECLARATIONS OF INSOLVENCY.

13360. Special Provision.-As it is quite possible that a person may be in embarrassed circumstances without any spontaneous act of bankruptcy having taken place, many persons in pecuniary difficulties could not possibly be bankrupt but for a provision expressly in that belief; therefore,

13361. Whenever a person in pecuniary difficulties desires to wind up his affairs by means of bankruptcy, he may file a declara

This quaint expression, quoted from the Act, seems to mean when a man has shut him. self in his house so as to prevent communications being made to him by persons outside.

tion in the Bankruptcy Court of his district that he is unable to pay his debts; and

13362. Sufficient Act.-When a debtor has filed, in the Bankruptcy Court of his district, a declaration that he is unable to pay his debts, that is an act of bankruptcy sufficient to maintain a petition by a qualified creditor; but,

13363. Own Motion.—A person cannot, at his own motion, male himself a bankrupt; therefore,

13364. Only Course.—If a debtor desires to proceed by means c bankruptcy instead of liquidation (13225), all he can do is to file : declaration of his inability to pay his debts.

13365. Form. The prescribed form for a declaration of inability to pay is as follows:

THE BANKRUPTCY ACT, 1869.

In the London Bankruptcy Court; or,
In the County Court of

holden at

I, the undersigned A. B., of do declare that I reside [or carry business] within the district of the above mentioned court [or where files county court, that I do not reside or carry on business within the distric the London Bankruptcy Court, but that I reside [or carry on business] with the district of the above mentioned court], and that I admit that I am to pay my debts.

Dated this

Witness,

day of

, 187.

Signed A. B.

G. H., registrar of the court;

or, L. M., attorney [adding address].

13366. Little Difficulty.-As a general rule there will be difficulty afterwards in persuading one or several of the creditors proceed for a bankruptcy.

NECESSARY PROCEEDINGS.

13367. One Creditor of £50.—Any one creditor of a de who has committed an act of bankruptcy, if the debt amoune £50 or upwards, may effectually petition the Bankruptcy Co such debtor's district (13326) to adjudicate such debtor a bankren

13368. Under £50.-A creditor for an amount of less than cannot, of himself alone, proceed to made a debtor a bank but,

13369. Two or More.-Any two or more creditors of a det who has committed an act of bankruptcy, if their aggregate ca amount to £50 or upwards, may jointly petition for the adjudic

of such debtor a bankrupt as completely as if the £50 were owing to one creditor only.

PETITION.

13370. Form.-The form prescribed for a petition for bankruptcy by one unsecured creditor in the London Court is as follows:

THE BANKRUPTCY ACT, 1869.

In the London Bankruptcy Court (13371).

The humble (13379) petition of C. D., of

showeth,

That A. B. resides within the district of this court, that is to say, at
That the said A. B. is indebted to your petitioner in the sum of

in consideration of [particulars].

That your petitioner doth not, nor doth any person or persons in his behalf, hold any security on the bankrupt's estate, or on any part thereof, for the payment of the said sum (13373).

That the said A. B. has committed an act [or acts] of bankruptcy within six months before the presentation of this petition.

That the act [or acts] of bankruptcy committed by him was [or were] that [here set out expressly the act or acts (13347).]

Your petitioner therefore humbly prays (13379) that on proof of the requi sites in that behalf, on the hearing of this petition, the said A. B. may be adjudicated a bankrupt.

And your petitioner will ever pray, &c. (13379).

13371. In County Courts.-If the petition is presented to a County Court the wording must be altered accordingly.

13372. Particulars.-The particulars of the debt must be scruulously exact.

13373. Security.-If the petitioner holds security of any kind, e particulars thereof must be added.

13374. Acts of Bankruptcy.-The act or acts of bankruptcy ust be unqualified and very clearly set forth.

13375. By Several Persons.-If the petition is presented by more an one person, their separate names and signatures must appear;

t,

13376. By Partners.-If the petition be by partners, it will