and the effect of the process in attaching | the funds and neutralising the operations of individual creditors operates by relation from that date. The judgment awarding sequestration is not subject to review, but it may be recalled at the instance of the debtor, and on his showing that it should not have been awarded; and the court may on equitable principles, and for the better management of the estate, recall the sequestration, if ninetenths of the creditors apply for a recall. Management.-At their first meeting the creditors either choose an "Interim Factor," or devolve his duties on the sheriff clerk of the county. His functions are confined to the custody and preservation of the estate. He takes possession of the books, documents, and effects, and lodges the money in bank. He has no administrative control, and cannot convert the estate into money, or otherwise attempt to increase its value. The person on whom the estate is finally devolved, the trustee, is elected by a majority in value of the qualified creditors present at a meeting judicially appointed to take place not less than four and not more than six weeks after the date of the awarding of the sequestration. The trustee stands in place of the chosen assignee in England. In Scotland there is no person whose office corresponds with that of the official assignee, but a committee of three creditors, called commissioners, is appointed at the same meeting and in the same manner as the trustee, whose duty it is to superintend the proceedings of the trustee, audit his accounts, fix his remuneration, decide on the payment of dividends, &c. Relations of the bankrupt, and persons interested in the estate otherwise than as simple creditors, are disqualified as trustees and commissioners. The trustee has the duty of managing and recovering the estate, and converting it into money. He is the legal representative of the body of creditors, and in his person are vested all rights of action and others in relation to the estate, of which the debtor is divested by the bankruptcy. He is bound to lodge money as it is received, in bank, under certain statutary regulations fortified by penalties. The trustee is amenable to the court of session and to the sheriff for his conduct. He may be removed by a majority in number and value of the creditors, and one-fourth of the creditors in value may apply for his judicial removal, showing cause. The trustee's title to act commences at the time when his election is judicially confirmed. In the case of a disputed election, the question may be carried from the court of the sheriff, who has in the first place the judicial sanction of the election to the court of session. The judicial proceedings vesting the estate are entered in the registers of real property in Scotland, and at his confirmation all the real and personal property of the bankrupt within the British empire vests in the trustee, and is considered as having vested in him from the date of the sequestration. A copy of the act and warrant of the trustee's confirmation, certified by the clerk of the bill chamber in the court of session, is declared by the statute to be sufficient evidence of the trustee's title, to enable him to sue in any court in the British dominions. The bankrupt will obtain a warrant of liberation if he have been imprisoned, or otherwise of protection from imprisonment, at the commencement of the process, if there be no valid objection to it. The court of session's warrant is effectual to protect him from imprisonment in all parts of the British dominions. Four-fifths in value of the creditors may award him an allowance until the payment of the second dividend. It is not in any way measured by the amount of the dividend, but is restricted in all cases to a sum within 31. 3s. per week. There are provisions for the examination of the bankrupt, his family, servants, &c., and in general for enforcing a discovery of the estate, bearing a general resemblance to the provisions for the like purposes in England. The bankrupt's release from the debts which may be ranked or proved on his estate is accomplished by a judicial discharge. all the creditors who have qualified concur, he may petition for it immediately after the creditors have held the statutary meeting which follows his examination. Eight months after the date of the sequestration he may petition for it if a majority in number and four-fifths in value If concur. He makes an affidavit that he has made a fair surrender, and after certain formalities tending to publicity, and the elicitation of reasons of objection, he receives his discharge. It is granted either by the sheriff or the lord ordinary of the court of session, and in the former case it is confirmed by the lord ordinary, and registered in the bill chamber of the court of session. Ranking and Dividends.-What is called in England the proof of debts, is called in Scotland"Ranking." The trustee is the judge of each claim in the first instance, his decision being subject to judicial review. Creditors produce with their claims, affidavits and vouchers. The peculiar character of the law of real property, and the securities and other rights to which it gives rise, operate some distinctions between the ranking in a sequestration in Scotland and proof in England. The most important particular, however, in which the Scottish system differs from the English, is in the absence in the former of the distinction between partnership and individual estates which characterises the latter, the creditors of a company in Scotland being entitled to rank in the bankrupt estates of the individual partners, the claim on the company estate being in each case first valued and deducted. The provisions of 6 Geo. IV. c. 16, in England, regarding contingent and annuity creditors, have been incorporated in the Scottish sequestration act, but it was an old established practice in Scotland for the claims of such creditors to be equitably adjusted. A creditor, to share in a dividend, must lodge his claim at least two months before the time when it is payable. The first dividend is payable on the first lawful day after the expiry of eight months from the date of the sequestration, and the others successively at intervals of four months. The trustee and commissioners may with the sanction of the creditors summarily dispose of whatever portion of the estate may be in existence twelve months after the date of the sequestration. The unclaimed dividends are lodged in bank, at the direction of the bill chamber clerk, who preserves entries of them in a book called the "Register of Unclaimed Dividends." When the trustee has fulfilled his functions under the act, he calls a meeting of the creditors, that they may record their opinion of his conduct, and on their judgment he may apply to the court for a discharge, parties being heard for their interest: on his being judicially discharged, the sequestration is at an end. The sequestration act contains provisions for suspending the judicial realization and distribution of the estate by a composition contract. These provisions are nearly in the same terms with those for the same purpose in the English statute, which were originally adopted from the Scottish sequestration system. (On the Law of Bankruptcy, Insolvency, and Mercantile Sequestration in Scotland, by J. H. Burton, Esq., Advocate.) Ireland. The Irish law of bankruptcy has been gradually assimilated to the English law by several recent acts (6 & 7 Wm. IV. c. 14; amended by 1 Vict. c. 48, and 2 & 3 Vict. c. 86). There is no separate court of bankruptcy; but there are two commissioners who are empowered to act by a commission under the great seal. There are no official assignees. United States of North America.— In 1841 an act was passed by Congress to establish a uniform system of bankruptcy throughout the United States of North America. The act came into operation early in 1842. The courts invested with jurisdiction, in the first instance, in bankruptcy cases, are the District Courts of the United States; and they are empowered to prescribe rules and regulations and forms of proceedings in all matters of bankruptcy, subject to the revision of the Circuit Court of the district. The district courts decide if the persons who apply to them, whether debtors or creditors, are entitled to the provisions of the bankrupt law; appoint commissioners to receive proofs of debt, and assignees of the estate; and make orders respecting the sale of the bankrupt's property. If the debtor himself commences proceedings, he gives in a list of his creditors and an account of his property, and twenty days' notice at least must be given of the day when the petition will be heard, when any law of 1807 on bankruptcy and insolvency was abrogated, and an entirely new law was promulgated, which now forms Book III. of the Code de Commerce (Des Faillites et Banqueroutès). In France, the Tribunal of Commerce acts as a court of bankruptcy, and its judgment declares the insolvency (faillite). The same judgment names the "juge-com bunal, and discharges duties analogous to those formerly performed in England by the old commissioners of bankruptcy: he fixes the sum to be allowed to the trader for support, conducts the examination into the affairs of the estate, directs the sale of property, &c. In some cases an appeal lies from his decisions to the Tribunal of Commerce. The "syndics " act as assignees, but are not selected from the body of creditors, and they are remunerated for their services at the discretion of the Tribunal. As the expense of prosecuting fraudulent bankrupts, when successful, is defrayed by the state, minutes, &c. of each case are made whenever required, for the use of the public department which has cognizance of prosecutions in bankruptcy; and the report which the syndics make to the "jugecommissaire" on the state of the trader's affairs is always transmitted with observations to the "procureur du roi." person can be heard against it. If the bankruptcy is decreed, the bankrupt's property is vested in an assignee. The bankrupt is allowed to retain his necessary household and kitchen furniture, and such other articles as the assignee shall think proper, with reference to the family, condition, and circumstances of the bankrupt, but the whole is not to exceed 300 dollars in value: the wearing-missaire," who is a member of the Triapparel of the bankrupt, his wife, and children, may also be retained by him in addition. An appeal lies to the court from the decision of the assignee in this matter. The bankrupt next petitions for a full discharge from all his debts, and a certificate thereof, and after seventy days' public notice, and personal service or notice by letter to each creditor, the petition comes on for hearing. The grounds for refusing the bankrupt his discharge and certificate are the same generally as those which disentitle a bankrupt in this country to the favour able consideration of the court-concealment of property, fraudulent preference of creditors, falsification of books, &c. In cases of voluntary bankruptcy a preference given to one creditor over auother disentitles the bankrupt to his discharge, unless the same be assented to by a majority of those who have not been preferred. If at the hearing a majority of the creditors in number and value file A trader may be declared insolvent at their written dissent to the allowance of the instance of one or more of his credithe bankrupt's certificate and discharge, tors; but if he ceases to fulfil his engagehe may demand a trial by jury, or may ments he is required to make a declaration appeal to the next circuit court; and of insolvency before the Tribunal of Comupon a full hearing of the parties, and merce, accompanied by a statement of his proof that the bankrupt has conformed affairs. The Tribunal next appoints a to the bankrupt laws, the court is bound "juge-commissaire" for this particular to decree him his discharge and grant case, and also provisional syndics. A him a certificate. The discharge and "juge de paix" is then required to place certificate are equivalent to the certificate his seal on the effects, and the trader granted to bankrupts in England. In himself is taken to a debtors' prison, or case of a second bankruptcy the bank-placed in custody of an officer; though, rupt is not entitled to his discharge unless 75 per cent. has been paid on the debt of each creditor which shall have been allowed. Persons who work for wages are only entitled to wages to the extent of twenty-five dollars each out of a bankrupt's estate for labour done within six months next before the bankruptcy. France. In June, 1838, the French when a voluntary declaration of insolvency has been made, he is not deprived of his liberty. The last meeting of creditors is held for the purpose of hearing a report by the syndics of their proceedings, and of deliberating on the concordat, which is in most respects equivalent to a certificate in the English bankrupt law, and must | insolvent has secreted his books, concealed his property, made over or misrepresented the amount of his capital, or made himself debtor for sums which he did not owe. A fraudulent bankrupt who flees to England may be surrendered under the CONVENTION TREATY. be signed at this meeting, at which the trader must be present. The syndics oppose or favour the concordat as the case may be. The concordat requires the consent of a majority of the creditors who also represent three-fourths of the whole debts that are proved. There can be no concordat in the case of fraudulent bankruptcy. The concordat is incomplete until it has received the sanction of the Tribunal of Commerce, acting upon the report of the juge-commissaire. This completion of the process is called the "homologation ;" and, after giving a statement to the trader, showing the result of their labours, in presence of the juge-commissaire, the functions of the syndics cease. The trader may be prose-knight, and below that expressed by the cuted for fraudulent bankruptcy after the homologation. The term "Banqueroute" is applied in the French code to insolvency which is clearly traceable to imprudence or extravagance, and the bankrupt is liable to prosecution. The Code de Commerce declares that any trader against whom the following circumstances are proved is guilty of Simple bankruptcy : -If his personal or household expenses have been excessive; if large sums have been lost in gambling, stock-jobbing, or mercantile speculations; if, in order to avoid bankruptcy, goods have been purchased with a view of selling them below the market price; or if money has been borrowed at excessive interest; or if, after being insolvent, some of the creditors have been favoured at the expense of the rest. In the following cases also the trader is declared a Simple bankrupt :-1. If he has contracted, without value received, greater obligations on account of another person than his means or prospects rendered prudent. 2. A bankruptcy for a second time, without having satisfied the obligations of a preceding concordat. 2. If the trader has failed to make a voluntary declaration of insolvency within three days of the cessation of his payments, or if the declaration of insolvency contained fraudulent statements. 4. If he failed to appear at the meeting of the syndics. 5. If he has kept bad books, although without fraudulent intent. It is fraudulent bankruptcy when an It has been decided by the French tribunals that a certificate obtained in England by an English trader who flees to France does not free him from the demands of a French creditor who has not been a party to it. BANNERET, an English name of dignity, now nearly if not entirely extinct. It denoted a degree which was above that expressed by the word miles or word baro or baron. Milles, speaking of English dignities, says that the banneret was the last among the greatest and the first of the second rank. Many writs of the early kings of England run to the earls, barons, bannerets, and knights. When the order of baronet was instituted, an order with which we must be careful not to confound the banneret, precedence was given to the baronet above all bannerets, except those who were made in the field, under the banner, the king being present. This clause in the baronet's patent brings before us one mode in which the banneret was created. He was a knight so created in the field, and it is believed that this honour was conferred usually as a reward for some particular service. Thus, in the fifteenth of King Edward III., John de Copeland was made a banneret for his service in taking David Bruce, king of Scotland, at the battle of Durham. John Chandos, a name which continually occurs in the history of the wars of the Black Prince, and who performed many signal acts of valour, was created a banneret by the Black Prince and Don Pedro of Castile. It is in the reign of Edward III. that we hear most of the dignity of banneret. Reginald de Cobham and William de la Pole were by him created bannerets. In this last instance the creation was not in the field, nor for military services, for De la Pole was a merchant of Hull, and his services con❘sisted in supplying the king with money for his continental expeditions. We have therefore here an instance of a second mode by which a banneret might be created, that is, by patent-grant from the king. Milles mentions a third mode, which prevails also on the Continent. When the king intended to create a banneret, the person about to receive the dignity presented the sovereign with a swallow-tailed banner rolled round the staff; the king unrolled it, and, cutting off the ends, delivered it a bannière quarree to the new banneret, who was thenceforth entitled to use the banner of higher dignity. Sometimes the grant of the dignity was followed by the grant of means by which to support it. This was the case with some of those above mentioned. De la Pole received a munificent gift, the manor of Burstwick in Holderness, and 500 marks annual fee, issuing out of the port of Hull. (Dugdale's Baronage, vol. ii. p. 183.) The rank of the banneret is well understood, but what particular privilege he enjoyed above other knights is not now known. It was a personal honour; and yet in De la Pole's patent it is expressed that the grant was made to him to enable him and his heirs the better to support his dignity. But the patent was perhaps irregular, as it seems to have been surrendered. No catalogue has been formed of persons admitted into this order, and it is presumed that they were few. The institution of the order of baronets probably contributed greatly to the abolition of the banneret. The knights of the Order of the Bath in modern times approach nearest to the bannerets of former days. In the civil wars, Captain John Smith, who rescued the king's standard at the battle of Edgehill, is said to have been created a banneret. When King George III. intended to proceed to the Nore, in 1797, to visit Lord Duncan's fleet, it was rumoured that he designed to create several of the officers bannerets. The weather was unfavourable, and the king returned without reaching the fleet; but the dignity which he conferred on Captain (afterwards Sir Henry) Trollope, in whose vessel he sailed, was understood to be that of a knight banneret. The French antiquaries since Pasquier | have represented the banneret as having been so called as being a knight entitled to bear a banner in the field; or, in other words, a knight whose quota of men to be furnished to the king's army for the lands he held of him were of that number (it is uncertain what) which constituted of itself a body of men sufficient to have their own leader. In England it is believed there were few tenants bringing any considerable number of men who were not of the rank of the barones. BANNS OF MARRIAGE. [MARRIAGE.] BAR (in French, Barreau) is a term applied, in a court of justice, to an enclosure made by a strong partition of timber, three or four feet high, with the view of preventing the persons engaged in the business of the court from being incommoded by the crowd. It has been supposed to be from the circumstance of the counsel standing there to plead in the causes before the court, that those lawyers who have been called to the bar, or admitted to plead, are termed barristers, and that the body collectively is denominated the bar, but these terms are more probably to be traced to the arrangements in the Inns of Court. [BARRISTER; INNS OF COURT.] Prisoners are also placed for trial at the same place; and hence the practice arose of addressing them as the "prisoners at the bar." The term bar is similarly applied in the houses of parliament to the breast-high partition which divides from the body of the respective houses a space near the door, beyond which none but the members and clerks are admitted. To these bars witnesses and persons who have been ordered into custody for breaches of privilege are brought; and counsel stand there when admitted to plead before the respective houses. The Commons go to the bar of the House of Lords to hear the king's speech at the opening and close of a session. A trial at bar is one which takes place before all the judges at the bar of the court in which the action is brought. BARBARIAN. The Greek term BápBapos (barbaros) appears originally to have been applied to language, signifying a mode of speech which was unintelli |