L A W. 



017 



t the crown to release an informer's interest whenever 

 ^un such suit. 



-A grant or gift is a voluntary convey- 

 ance of a chattel personal in possession, without any, 

 or merely a nominal consideration, as five shillings ; 

 and in leases by always reserving a rent, though it be 

 but a pepper corn ; any of which considerations will 

 convert the gift more properly into a grant. These 

 gift* or grants may be made either in writing or by word 

 ot' mouth, attested by sufficient evidence, of which de- 

 livery of possession is the strongest and most essential 

 proof : but such deeds of gift made to the use of the 

 owner are void ; and if made to any other person, with 

 intent to defraud creditors, are also void. 



By eon- 14. Coutract. This is an agreement upon sufficient 

 consideration, to do or not to do a particular thing, 

 which may be either express or implied, either exe- 

 cuted or executory. Exfireis contracts are, where 

 one agree* to buy a load ot hay or any thing else for 

 a stated price ; an implied contract i.s, where one em- 

 ploys another to do a certain work for him. Here the 

 law implies, that he undertook to pay him for his la- 

 bour ; so where one takes up goods of a tradesman, 

 without a stated price, he is bound to pay the value of 

 them. Executed, is. where one agrees to change his 

 . horse, or to do any other act with another, and does it 

 % immediately. Executory, is where a contract is to be 

 consummated at a future period. And in all contracts, 

 where one fails on his part of the greement, he shall 

 pay the other party such damages as he has sustained 

 by such neglect or refusal. 



I m, 1. Sdc ''* The most usual species of personal contracts are, 

 1. Sale or exchange, which is a transmission of pro- 

 perty from one man to another, in consideration of 

 tome price or recompense in value ; for there is no 

 ale without a recompense ; there must be a quid pro 

 9*0. If it be a commutation of goods, it is more pro- 

 perly an exchange ; but if it be a transferring of goods 

 for money, it is called a mle. 3. Baltment, which is a 

 delivery ot' goods in trust, upon a contract expressed or 

 implied, that the trust shall be faithfully executed on 

 the part of the bailee ; as if cloth be delivered, or (in 

 legal phrase) bailed, to a tailor to make up a suit of 

 clothes, be hat it upon an implied contract to render 

 it again when made, and that in * workman! v manner. 

 It money or goods be delivered to a common carrier, 

 to convey from Oxford to London, he is under a con- 

 tract in law to pay or carry them to the person ap- 

 3. Hiring pointed. S. Hiring or borrowing, which is a contract, 

 cburruv- whereby the possession of chattel-* is transferred for a 

 particular time, on condition that the identical goods 

 (or *u*natiiiM their value) be restored at the time ap- 

 pointed, together with (in case of hiring) a stipend or 

 price for the use. 



16. Any contract whereby a determinate sum of 

 Boawy becpanei due to any person, and is not paid, 

 but remains in action merely, is a contract of debt : 

 And these debts are, 1 . "I' rt-cord ; as where they arise 

 upon judgment, statutes merchant and staple, &c. and 

 are evidenced by a court of record, 2. Special con- 

 tracts, or such at whereby a sum of money becomes, 

 or ii acknowledged to be due, by deed or instrument 

 under seal 3. Debts by simple contract, which possess 

 neither f the two last qualities, and are proved either 

 by real evidence or note* unsealed. Bills of exchange 

 aW promisffry notes, are simple contract debts. 

 9.87 buik- 17- Baulruplcy. A bankrupt is defined to be a 

 rapwj. trader, who doe* certain acts to defraud his lawful 

 creditor*, or secrets himself to avoid their demands. 



Those who may become bankrupts, are persons using L w 

 t/ic trade of merchandise; and the acts whereby they of l '-"!' lj " 1 ' 

 may become bankrupt are, 1. Where one endeavours .... (7** 



.... .. l ,. . i ACIS OI 



to avoid his creditors, or evade their just demands, as bankruptcy. 

 by denying himself; but this denial is not sufficient, 

 if the debtor is sick in bed, or engaged with company, 

 or if the denial is made to one who comes in behalf of 

 a creditor, and not the creditor himself. 2. Departing 

 the realm with intent to defraud creditors. 3. One 

 procuring himself to be arrested. 4. Suffering himself 

 to be out-lawed, with a view to defraud his creditors. 

 5. Departing from his dwelling-house, or otherwise 

 absenting himself from his creditors. 6. Making any 

 fraudulent conveyance of his lands or goods, or in fact 

 committing any act with intent to baffle the demands 

 or claims of bonajide creditors. 



18. The proceedings on a commission of bankrupt Proceedings 

 are, 1. By petition to the lord chancellor by one credi- on a corn- 

 tor to the amount of 100, or by two to the amount o f " lUsion "' 

 .1 \M, or by three or more to the amount of 200; """"P*- 

 such debts must be proved by affidavit, upon which 

 the chancellor grants a commission to such persons as 

 to him seem good, who are then styled commissioners 

 of bankrupt, \yhen the commissioners have met, they 

 are first to receive proof of the person's being a trader, 

 and having committed some act of bankruptcy, and 

 the amount of the petitioning creditor's debt ; and then 

 to declare him a bankrupt if proved so, and to give no- 

 tice thereof in the ga/.ftte. They at the same time 

 appoint three meetings ; at one of which, an election 

 must be made of assignees, or persons to whom the 

 bankrupt's estate shall be assigned for the benefit of 

 the creditors ; and no creditor shall be permitted to 

 vote in the choice of assignees whose debt on the ba- 

 lance of accounts does not amount to 10 ; and at the 

 third meeting at farthest, which must be on the forty- 

 second day after the advertisement in the gazette, (un- 

 less the time be enlarged by the lord chancellor) the 

 bankrupt, upon notice personally served upon him, or 

 left at his usual place of abode, must surrender himself 

 personally to the commissioners. 



19- If a bankrupt has made an ingenuous discovery Discharge 

 of all his effects, and has conformed in all respects to ofabank - 

 the law, and the creditors, or four parts in five of them ru P t- 

 in number and value, (but none of them creditors for 

 less than 20), will sign a certificate to that purpose, 

 and it be allowed by the chancellor, or two judges by him 

 appointed for that purpose, he shall have a decent and 

 reasonable allowance for his future support, and to put 

 him in a way of honest industry. And he shall be 

 clear from all debts owing by him at the time he be- 

 came a bankrupt, even though judgment shall have 

 been obtained against him and he lie in prison upon 

 execution for such debts. 



20. The injuries by which personal property may injuries to 

 be affected are so various and multiplied, as well as the personal 

 technical forms by which they may be redressed, that property. 

 we cannot here attempt even an enumeration of them. 

 We refer to the following book for a view of the mode 

 by which redress is obtainable against injuries in gene- 

 ral. 



BOOK III. 

 OF SUITS OR ACTIONS. 



1. Wrongs or injuries, which are an infringement of ^ 

 the civil rights of individuals, are remedied either, by "suit or' 

 7 



