JB/056/186/001

Click Here To Edit

1827. Octr. 15
Constitutional Code

Ch. Propositions
§. Procedure
Complex cases

First operation an
inventory 1 of money
in hand 2 of money owing
to the fund 3 of money
owing from the fund

The first operation to be performed would be of course the
of an inventory: 1 of money in hand, i.e. in possession or 2. of money owing to the fund
3. of money owing from the fund.

In case of death Post
obituary trustee to give
notice to judge who from
examination of trustee
debtors & creditors will
decide whether small
debts should or not be
paid immediately without
delay or expence</note>

In case of death, the post obituary trustee — whether Executor
under a Will, or Administrator in default of a will, should be bound <add>stand
to himself to give the nature to the Judicatory rather the of which
the death place, to give notice that is to say by
application by himself in case of inability though sickness by deputy to the Judge: by whom he would be interrogated undergo
examination under a set of heads by law provided by law.
With him or after him, either by attendance and examination interrogation in the
oral mode, or by interrogation in the epistolary mode all supposed<lb?>debtors on the one hand would be called upon to pay, all supposed
creditors on the other hand to raise or declare what they demand to
receive. From the general complexion of the case the Judge would as
easily as may be declare whether small debts incurred for example by<lb?>current expencemay not be paid in the first instance, or whether this
any and what delay should be made in consideration of the payments
requisite to be made to the creditors for round and large sums

So the insolvency
trustee in case of insolvency

For the case of insolvency the same course of proceeding
might alike serve: the his name might in this case be insolvency trustee
As to the example of landed property in some case from being
charged with debts no variation in that respect would follow
from the abolition of the pr existing distinction between insolvency and bankruptcy

On the occasion of a debt due to said for by a single debtor to creditor
a single creditor s the debtor being of course under examination
by the Judge suppose <del. symptom appearing by general actual or
more or less probable: on that occasion it might be with or without
obligation the Judge might have power to cause the Debtor to produce <add>an<>/add>
Inventory as above,
and so to proceed as
in case of insolvency.
By this means all the
transferring machinery of the Bankrupt with the question as to what should amount to an act of Bankruptcy would be done away.

Identifier: | JB/056/186/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-15	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Constitutional Code
Folio number	186	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / E5
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18242
Box Contents