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PURE WATER IS BETTER THAN FOUL WINE.

1454. ANY DEBTOR, BEING A TRADER, lying in prison for debt for a period of fourteen days; or, not being a trader, for two calen lar months, shall, by such imprisonment, be deemed to have committed an act of bankruptcy. 1455. ANY DEBTOR WHO SHALL FILE IN THE OFFICE OF THE CHIEF REGISTRAR, or with the registrar of a district court of bankruptcy, a declaration in writing that he is unable to meet his engagements, shall be deemed thereby to have committed an act of bankruptcy, provided a petition for adjudication in bankruptcy shall be filed by or against him, within two months from the time of such declaration.

1456. AN EXECUTION LEVIED UPON A DEBTOR'S GOODS, by seizure and sale thereof, for the satisfaction of any claim exceeding fifty pounds, constitutes an act of bankruptcy from the date of the seizure of such goods.

1457. IF WITHIN FOURTEEN DAYS OF THE SALE OF SUCH GOODS a petition for adjudication in bankruptcy against the debtor be presented, the proceeds of such sale shall be paid to the assignee in bankruptcy; the costs of the previous action and execution being first paid out of the proceeds of the sale.

1458. EVERY JUDGMENT CREDITOR who shall be entitled to sue or charge a debtor in execution, in respect of any debt amounting to fifty pounds, exclusive of costs, shall be entitled, at the end of one week from the signing of judgment, to sue out against the debtor, if a trader, or, not being a trader, at the end of one calendar month; and, whether he be in custody or not, to issue a judgment summons, requiring him to appear and be examined respecting his ability to satisfy the debt. 1459. WHEN THE SUMMONS IS DISOBEYED by the debtor, having been duly served, and when the creditor has obtained a peremptory order, fixing a day for payment, and the debtor does not, if a trader, within seven days, or a non-trader, within two calendar months, after service on him of the

peremptory order, or within seven days after the day fixed by the peremptory order, pay the money or secure or compound for it to the satisfaction of the creditor, the creditor shall be entitled, at the end of the seven days, to issue against the debtor a judgment summons.

1460. THE DEBTOR, BEING THUS SUMMONED, may be examined on oath, and must produce such books and papers as may be demanded, touching his possession or power relating to property applicable to the satisfaction of the debt. And any debtor refusing to be thas sworn and examined may be committed by the court, as in the case of a bankrupt.

1461. AFTER THE SERVICE OF SUCH SUMMONS, whether the debtor may appear or not, there being no lawful impediment admitted by the court, the debtor may be adjudged a bankrupt, without the presentation of a petition or other proceeding. The debtor shall receive notice of such adjudication, and may appear to show cause against it. Otherwise, at the end of seven days, the adjudication shall be made absolute, and shall be published in the Gazette.

1462. EVERY PETITION FOR ADJUDICATION IN BANKRUPTCY must, except in cases specified, be filed and prosecuted within the district in which such debtor shall have resided, or carried on business, for the six months immediately preceding the time of filing such petition, or for the longest period during such six months. The excepted cases are those in which the court in London may order any such petition to be prosecuted in any district, with or without reference to the district in which the debtor may have resided or carried on business; or may transfer the further prosecution of any adjudication from the court of one district to the court of another.

1463. THE AMOUNT OF DEBT for which any creditor may petition for adjudication of bankruptcy against a debtor, whether a trader or not, shall be as follows:-The debt of a single cre

THE OATHS OF THE PASSIONATE HAVE NO MEANING.

ditor, or of two or more persons, being partners, shall amount to £50 or upwards. The debt of two creditors shall amount to £70 or upwards. The debt of three or more creditors shall amount to £100 or upwards.

1464. EVERY PERSON WHO HAS GIVEN CREDIT TO ANY DEBTOR, upon valuable consideration, for any sum payable at a certain time, which time shall not have arrived when such debtor committed an act of bankruptcy, may so petition or join in petitioning, whether he shall have any security for

such sum or not.

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be printed, and a copy be sent by post, within a week from the filing thereof, to each creditor who has proved.

1470. OFFICERS ON FULL PAY, HALF PAY, salary, or pension, beneficed clergymen, and others, may be allowed Some portion of their emoluments; the whole being, in the first instance, paid to the assignees for the benefit of creditors.

1471. RENT AND LIABILITIES payable by instalments may be proved against the bankrupt's estate, proportionately up to the period of the bankruptcy, but not up to the stated periods of the payment of such rent or instal1465. THE COURT MAY ORDER SATIS-ments, unless the bankruptcy occurred FACTION TO BE MADE to a debtor by the petitioning creditor or creditors, if the adjudication shall be proved to have been wrongly or maliciously made.

at a corresponding date.

1472. CLASSIFICATION BY CERTIFICATES IS ABOLISHED. In cases where the discharge of a bankrupt shall be suspended, such discharge, when granted, shall state the period for which it was suspended, and the reasons for such suspension; and the same with regard to imprisonment.

1466. IF A DEBTOR, IMPRISONED for a Debt, shall, through poverty, be unable to petition the court for an adjudication in bankruptcy against himself, he may petition in forma pauperis, upon making an affidavit that he has not the means of paying the fees and expenses. 1467. IMMEDIATELY ON ADJUDICATION, the official assignee will take possession of the bankrupt's estate, and retain possession until the appointment of a creditors' assignee; but if the official assignee, or the court, upon the representation of any creditor, shall be of opinion that the keeping possession of the bankrupt's property is not requi-justice. site for the due protection of the creditors, such possession shall not be continued.

1473. IF, AT THE APPLICATION FOR DISCHARGE, any creditor or creditors oppose, and charge the bankrupt with acts of misdemeanour, the court may, with the consent of the bankrupt, appoint a day for trying the bankrupt on the charge, and a jury may be appointed for such trial. But the court may order the bankrupt to be indicted and tried in one of the courts of criminal

1474. IF THE COURT SHOULD BE OF OPINION that the bankrupt has carried 1468. AT THE FIRST MEETING OF on trade by fictitious capital; or that he CREDITORS, the majority of creditors in could not have had, at the time when value may make an allowance to the the debts were contracted, any probable bankrupt. At such meeting, or at any expectation of being able to pay the same; other, the bankrupt may submit a pro- or that, if a trader, he has, with intent posal to compound with or satisfy his to conceal the true state of his affairs, creditors; and a majority in value of wilfully omitted to keep proper books of the creditors may resolve to supersede account; or, whether a trader or not, further proceedings in bankruptcy. In that his insolvency is attributable to rash such case, the estate may be wound up and hazardous speculation, or unjustias directed by the majority of creditors, fiable extravagance in living; or that and the bankrupt be entitled to apply he has put any of his creditors to unfor his discharge. necessary expense by frivolous or vexa1469. AN ABSTRACT OF THE BANK-tious defence to any action or suit to RUPT'S STATEMENT OF ACCOUNTS shall recover any debt due from him;

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2:10 BREATH MAY BLOW OUT A CANDLE, AN EXTINGUISHER PREVENT A FIRE. 1475. THE COURT MAY EITHER considerably-perhaps do away with REFUSE AN ORDER OF DISCHARGE; may all chance of success, unless the delay suspend the same from taking effect for could be satisfactorily explained. The such time as the court may think fit; mode of proceeding is by an action at or may grant an order of discharge, law. For this an attorney must be subject to any conditions touching any retained, who will manage the whole salary, pay, emoluments, profits, wages, affair to its termination. The first proearnings, or income which may after-ceeding (the writ, service thereof, &c.) wards become due to the bankrupt, and touching after-acquired property of the bankrupt; or may sentence the bankrupt to be imprisoned for any period of time not exceeding one year from the date of such sentence.

costs from £2 to £5. The next proceeding-from a fortnight to a month after service of the writ-costs about £5 more. The whole costs, to the verdict of the jury, from £35 to £50, besides the expenses of the lady's wit

If the verdict be in her favour, the other side have to pay her costs, with the exception of about £10. If the verdict be against her, the same rule holds good, and she must pay her opponent's costs-probably from £60 to £70.

1476. Arrangements with Cre-nesses. ditors.-Bankruptcies may be superseded or annulled by arrangement with creditors. Every deed or instrument made and entered into between a debtor and his creditors, or a trustee on their behalf, shall be as valid and binding on all the creditors as if they were parties to and had duly executed the same, provided the following conditions be observed:

1477. A MAJORITY IN NUMBER, representing three-fourths in value, of the creditors of such debtor, whose debts shall respectively amount to £10 and upwards, shall, before or after the execution thereof by the debtor, in writing assent to or approve of such deed or instrument. If a trustee or trustees be appointed by such deed or instrument, such trustee or trustees shall execute the same. The execution of such deed or instrument by the debtor shall be attested by an attorney or solicitor.

1478. Breach of Promise of Marriage.-A verbal offer of marriage is sufficient whereon to ground an action for breach of promise of marriage. The conduct of the suitor, subsequent to the breaking off the engagement, would weigh with the jury in estimating damages. An action may be commenced although the gentleman is not married. The length of time which must elapse before action must be reasonable. A lapse of three years, or even half that time, without any attempt by the gentleman to renew the acquaintance, would lessen the damages very

1479. BEFORE LEGAL PROCEEDINGS ARE COMMENCED, a letter should be written to the gentleman, by the father or brother of the lady, requesting him to fulfil his engagement. A copy of this letter should be kept, and it had better be delivered by some person who can prove that he did so, and that the copy is correct: he should make a memorandum of any remarks or conversation.

1480. WE GIVE AN EXTRACT OR Two from the law authorities: they will, we have no doubt, be perused by our fair readers with great attention, and some satisfaction. "A man who was paying particular attentions to a young girl, was asked by the father of the latter, after one of his visits, what his intentions were, and he replied, 'I have pledged my honour to marry the girl in a month after Christmas;' and it was held that this declaration to the father, who had a right to make the inquiry, and to receive a true and correct answer, taken in connection with the visits to the house, and the conduct of the young people towards each other, was sufficient evidence of a promise of marriage."

1481. "THE COMMON LAW does not altogether discountenance long

TAKE CARE OF PENCE, POUNDS WILL TAKE CARE OF THEMSELVES.

engagements to be married. If parties are young, and circumstances exist, showing that the period during which they had agreed to remain single was not unreasonably long, the contract is binding upon them; but if they are advanced in years, and the marriage is appointed to take place at a remote and unreasonably long period of time, the contract would be voidable, at the option of either of the parties, as being in restraint of matrimony. If no time is fixed and agreed upon for the performance of the contract, it is in contemplation of law a contract to marry within a reasonable period after request. 1482. "EITHER OF THE PARTIES, therefore, after the making of such a contract, may call upon the other to fulfil the engagement; and in case of a refusal, or a neglect so to do on the part of the latter within a reasonable time after the request made, the party so calling upon the other for a fulfilment of the engagement may treat the betrothment as at end, and bring an action for damages for a breach of the engagement. If both parties lie by for an unreasonable period, and neither renew the contract from time to time by their conduct or actions, nor call upon one another to carry it into execution, the engagement will be deemed to be abandoned by mutual consent, and the parties will be free to marry whom they please."

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third part: Whereas the said Charles Band Anna R-, his wife, have, for good reasons, determined to live separate and apart from each other, and on that consideration the said Charles B- hath consented to allow unto the said Anna R-B-a clear weekly payment or sum of s., for her maintenance and support during her life, in manner hereinafter contained: And whereas the said G-R-B-hath agreed to become a party to these presents, and to enter into the covenant hereinafter contained on his part: Now this indenture witnesseth, that in pursuance of the said agreement, he, the said Charles B-, for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said G-R-B—, his executors, administrators, and assigns, in manner following, that is to say, that he, the said Charles B-, shall and will, from time to time, and at all times hereafter, permit and suffer the said Anna R-B-to live separate and apart from him, the said Charles B-, as if she was sole and unmarried, and in such place and places as to her from time to time shall seem meet; and that he, the said Charles B—, shall not nor will molest or disturb the said Anna R-B-in her person or manner of living, nor shall, at any time or times hereafter require, or by any means whatever, either by ecclesiastical censures, or by taking out citation, or other process, or by commencing or instituting any suit whatsoever, seek or endeavour to compel any restitution of conjugal rights, nor shall not nor will commence or prosecute proceedings of any description against the said Anna R-B- in any ecclesiastical court or elsewhere; nor shall nor will use any force, violence, or restraint to the person of the said Anna R-B-; nor day shall nor will, at any time during the said separation, sue, or cause to be sued, any person or persons whomsoever for receiving, harbouring, lodging, protecting, or entertaining her, the said Anna R-B-, but that she, the said Anna

1483. "THE ROMAN LAW very properly considered the term of two years amply sufficient for the duration of a betrothment; and if a man who had engaged to marry a girl did not think fit to celebrate the nuptials within two years from the date of the engagement, the girl was released from the

contract."

1484. Deed of Separation between a Man and his Wife. -This indenture, made the of

in the year of our Lord 1864, between Charles B-, of · of the first part, Anna R-B-(the wife of the said Charles B-) of the second part, and G-R-B- of the

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IF YOU ARE IN DEBT, SOMEBODY OWNS PART OF YOU.

R-B-, may in all things live as if Charles B-, his heirs, executors, and

she were a feme sole and unmarried, without the restraint and coercion of the said Charles B-, or any person or persons by his means, consent, or procurement; and also that all the clothes, furniture, and other the personal estate and effects, of what nature or kind soever, now belonging, or at any time hereafter to belong to, or be in the actual possession of her, the said Anna R-B-; and all such sums of money and personal estate as she, the said Anna RB, or the said Charles B- in her right, shall or may at any time or times during the said separation acquire or be entitled to at law or in equity, by purchase, gift, will, intestacy, or otherwise, shall be the sole and separate property of the said Anna R-B-, to manage, order, sell, dispose of, and use the same in such manner, to all intents and purposes, as if she were a feme sole and unmarried: And further, that he, the said Charles B-, his executors or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said G-R-B, his executors, administrators, or assigns, clear weekly payment or sum of s., on Monday in each and every week during the life of the said Anna R- B-, but in trust for her, the said Anna R-B-, for her separate maintenance and support: And the said G-R-B-, for himself, his heirs, executors, and administrators, doth hereby covenant and agree to and with the said Charles B-, his executors, administrators, and assigns, that she, the said Anna R-B-, shall not nor will not, at any time or times hereafter, in anywise molest or disturb him the said Charles B-, or apply for any restitution of conjugal rights, or for alimony, or for any further or other allowance or separate maintenance than the said weekly sum of s.; and that he, the said G-RB-, his heirs, executors, or administrators, shall and will, from time to time, at all times hereafter, save, defend, and keep harmless and indemnify the said

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administrators, and his and their lands and tenements, goods and chattels, of, from, and against all and all manner of action and actions, suit and suits, and all other proceedings whatsoever which shall or may at any time hereafter be brought, commenced, or prosecuted against him the said Charles B—, his heirs, executors, or administrators, or any of them, and also of, from, and against all and every sum and sums of money, costs, damages, and expenses which he, the said Charles B—, his executors, administrators, and assigns, shall or may be obliged to pay, or shall or may suffer, sustain, or be put unto, for, or by reason, or on account of any debt or debts which shall, at any time hereafter, during such separation as aforesaid, be contracted by the said Anna R-B-, or by reason, or means, or on account of any act, matter, cause, or thing whatsoever relating thereto. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.

1485. Divorce and other Matrimonial Causes.-The powers of the Ecclesiastical Court, so far as divorce is concerned, are abolished, and a new court, entitled the Court of Probate and Divoree, instituted.

1486. BY DIVORCE à mensâ et thoro is meant a separation only; it does not sever the matrimonial tie, so as to permit the parties to contract another marriage. These are now called judicial separations.

1487. BY SUITS OF JACITATION OF MARRIAGE is meant suits which are brought when a person maliciously and falsely asserts that he or she is already married to another, whereby a belief in their marriage is spread abroad, to the injury of the complaining party.

1488. BY ABSOLUTE DIVORCE is meant a dissolution of the marriage, by which the parties are set absolutely free from all marital engagements, and capable of subsequent marriage. In these cases a decree nisi is first obtained,

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