JB/056/185/001

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1827. Octr.
Constitutional Code

Ch. Propositions
§. Procedure
Complex cases

Distribution of property
after death or insolvency

Of cases and suits which are complex in respect of the number
of parties interested the those of most frequent occurrence and
importance are those in which in the shape of money a distribution comes to be made of
the surplus of an remaining after payment of debts

(Groundless distinction
of insolvency & bankruptcy)

Of the occasions on which producing a demand for such distribution comes to be made
those of most frequent occurrence are death of and insolvency
Under insolvency may be considered as included bankruptcy: the distinction
made between the two cases being in the nature of the case altogether groundless
and the effect not to say the object the loading the rule of action
with an enormous mass of complicative in delay vexation
expence and ultimate injustice

Leading principle place
the distributor in a
situation as that he
shall have no interest to
prevailing over his duty

In this as in all other cases, the leading principle or rule
for the prevention of injustice in all these shapes is not to place
any man or suffer him to be placed any man in any such case as that
he shall be under the action of an interest capable of prevailing
over his duty — so to order matters as that the trustee
of what sort so ever shall not have it in his power to derive
any profit from in any shape or degree from the breach of his trust
that accordingly 1. he shall be responsible in case of undue unjustified delay
in getting in the effects, in the next place he it shall not be incumbent
on him not to keep in his hands more than a certain
sum but to transmitt the money as fast as received to the
Bank of England or some other Bank appointed by Government
under the name the money being by an appropriate name prevented
from being confounded with his own.

Identifier: | JB/056/185/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Constitutional Code
Folio number	185	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1 / E4
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18241
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