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The Origin, Progress, and Present Practice of the Bankrupt Law (1814)
The Origin Progress and Present Practice of the Bankrupt Law - 1814 Author:Edward Christian Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Wether an Act of Bankruptcy can be committed abroad. Act committed abroad. This is an important question, and I do not think the iiiv upon it is yet rightl... more »y ascertained and established. I shall therefore state all I have been able to find upon the subject, and shall annex my own observations. The first case in which it is suggested that every act of bankruptcy must be committed in England, is a manu- icript case which was cited by Lord Mansfield in his judgment in Alexander v. Vaughan, Cotop. 402. LorJ Ilardtricke is there represented to have said, " If the act of bankruptcy had been committed abroad, to be sure no commission ought to go against him for lilt act" Erparte Smith, Cane. 173?. But in that case it is expressly stated that Ashley the 'inkrupt was resident in Barbadoet, and was never resident in England, nor had ever traded in England, but came occasionally, and committed an act of bankruptcy here. In the case in which this was cited by Lord Mant- fild, Alexander was resident at Edinburgh, but came , wjioflaWy to England, was there arrested, and lay in ' prison two months. This was held sufficient to make him a bankrupt, he bring traded to England. But in stating the case Lord Mansfield made use of fa following words, as reported, " Whether as the act 'f bankruptcy must be local in England, the trading ould not be so likewise." And again, "On the other haad.it appeared that there was a locality the description of the acts, and that the tradr, whe- native or foreigner must be in England, when he act of bankruptcy. Alexander v. Faughai, TOUII. K Act committed In Diekeins Rep. 533, there is the following shorl abroad. . . memorandum ot a case: a general assignment ot ; debtor at Madias, in the East Indies, not an act of bank ru...« less