LAW AND PRACTICE IN Bankruptcy, AS FOUNDED ON THE RECENT STATUTE; WITH FORMS. BY JOHN FREDERICK ARCHBOLD, Esq. OF LINCOLN'S INN, BARRISTER AT LAW. Second Edition, WITH CONSIDERABLE ADDITIONS, BY AN EQUITY BARRISTER. LONDON: S. SWEET, 3, CHANCERY LANE; R. PHENEY, FLEET STREET; Law Booksellers and Publishers. ADVERTISEMENT TO THE SECOND EDITION. THE Publishers have availed themselves of the opportunity afforded them by a demand for a Second Edition of the following Work, to have it revised throughout and brought down to the present period. For this purpose they have been enabled to procure the services of a Gentleman of considerable experience at the Chancery Bar, whom they judged well qualified to make such alterations as recent decisions rendered necessary. In the preparing this Edition for the press, great care has been taken to preserve the body of Mr. Archbold's work entire, and therefore no further alterations have been attempted, than was necessary to make it consistent with the present state of the Law and Practice in Bankruptcy. Some errors which had inadvertently crept into the former edition have been corrected, and in the first part of the work all the recent decisions on the subject, both at law and in equity, have been incorporated; thereby bringing the law in ordinary cases of bankruptcy down to the present period of publication. To the second part of the work, great, and it is hoped, very important additions have been made, by introducing many points of practice not hitherto noticed, and many forms and precedents in general use, but heretofore omitted; such, for instance, as will be found on the subject of Renewed Commissions; the Expunging Proof of Debts by the Commissioners; superseding a Commission on consent of Creditors accepting a Composition under the new Statute; Precedents of the Solicitors' and Messengers' Bills of Costs, &c. &c. It is hoped that the additions made to the work have not in any instance interfered with its general character. The publishers, therefore, presuming upon the estimation in which this work is held, as evinced by the rapid sale of the first edition, submit the present with some confidence to the approbation of the profession. The most material of the new Forms and Precedents in the second book, are distinguished in the general Table of Contents by being printed in Italics. Trinity Vacation, 1827. PREFACE. THE greater part of the manuscript of this little work was compiled by me many years since, not with a view to publication, but merely for my private use. Indeed, at that time, the profession were so abundantly supplied with works upon the Bankrupt Law, so many gentleman had written, and so ably, upon the subject, that so far from having any inducement to publish what I had thus compiled, I had many motives to dissuade me from doing so. The works hitherto extant upon this subject, however, have now become nearly obsolete; the recent act of parliament has made so many, and in many cases such minute, alterations in the Bankrupt Law, that the old established works upon the subject are no longer guides that can at all be depended upon, they can no longer be safely used as books of reference, except by persons thoroughly conversant with the subject, and well aware of the instances in which it has been affected by the recent statute. Nor have the writers of these works intimated any intention of altering them, so as to adapt them to the present state of the law; if they had, so fully do I appreciate the value of their writings, that I think I should be the last person who would feel an inclination to compete with them. Under these circumstances, therefore, I have placed my manuscript in the hands of my publishers,-altered very materially, of course, from what it was originally, and in many parts altogether rewritten. Adapting what I had formerly written, to the recent act of parliament; and engrafting the one thus, upon the other, was a work of great delicacy, and, under the peculiar circumstances of the case, required much consideration and caution: but I have taken infinite pains with the work in this respect, and I think it will be found correct; I think the reader will find it to comprise |