The Law and Practice Under the Bankruptcy Act & Rules, 1883, the Rule and Orders, 1884, and Board of Trade Orders: With the Debtors Acts, 1869, 1878, County Court Rules Thereunder, 1875-1884, the Bills of Sale Acts, 1878, 1882, and Rules of Court Thereunder, 1883

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Knight, 1884 - 544 páginas

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Power to accept composition or scheme after bank ruptcy adjudication 33
33
Control over Person and Property of Debtor 24 Duties of debtor as to discovery and realisation of property 3436
34
Arrest of debtor under certain circumstances 3638
36
Redirection of debtors letters
38
Discharge of Bankrupt 28 Discharge of bankrupt 4043
40
Fraudulent settlements 43
43
Effect of order of discharge 4446
44
Vacating of seat in House of Commons 47
47
Vacating of municipal and other offices
48
Meaning of payment of debts in full
50
Mutual credit and setoff 5355
53
Rules as to proof of debts
55
Priority of debts 5662
56
Preferential claim in case of apprenticeship 62
62
Power to landlord to distrain for rent 63
63
Property available for Payment of Debts 43 Relation back of trustees title 64
64
Description of bankrupts property divisible amongst creditors 6576
65
Effect of Bankruptcy on antecedent Transactions 45 Restriction of rights of creditor under execution or attachment 76
76
Duties of sheriff as to goods taken in execution 77479
79
Avoidance of preferences in certain cases 8183
81
Protection of bonâ fide transactions without notice 8386
83
Realisation of Property 50 Possession of property by trustee 86
86
Seizure of property of bankrupt 87
87
Sequestration of ecclesiastical benefice 88
88
Appropriation of portion of pay or salary to creditors 89
89
Vesting and transfer of property 90
90
Disclaimer of onerous property 9196
91
Powers of trustee to deal with property 96
96
Powers exerciseable by trustee with permission of committee of inspection 98100
98

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Página 63 - ... to have relation back to, and to commence at, the time of the act of bankruptcy being committed on which a receiving order is made against him, or, if the bankrupt is proved to have committed more acts of bankruptcy than one, to have relation back to, and to commence at, the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition; but no bankruptcy petition, receiving order,...
Página 77 - Any settlement of property, made by a trader, not being a settlement made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith, and for valuable consideration, or a settlement made on or for the wife or children of the settlor, of property which has accrued to the settlor after marriage, in right of his wife...
Página 46 - House has met before that day, or will meet on the day of the issue), issue his warrant to the clerk of the Crown to make out a new writ for electing another member in the room of the member whose seat has so become vacant.
Página 79 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money in favour of any creditor, or any person in trust for any creditor, with a view of giving such creditor a preference over the other creditors...
Página 457 - ... security]. Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said CD for any cause other than those specified in section seven of the Bills of Sale Act (1878) Amendment Act, 1882.
Página 89 - When any property of the bankrupt acquired by the trustee under this Act consists of land of any tenure burdened with onerous covenants, of unmarketable shares in companies, of unprofitable contracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous act, or to the payment of any sum of money...
Página 397 - That such jurisdiction shall only be exercised where it is proved to the satisfaction of the court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.
Página 406 - Perjury, it shall be sufficient to set forth the Substance of the Offence charged upon the Defendant, without setting forth the...
Página 441 - ... shall be deemed to be a bill of sale, within the meaning , of this Act...
Página 453 - If execution shall have been levied against the goods of the grantor under any judgment at law : Provided that the grantor may within five days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the High Court, or to a judge thereof in chambers, and such court or judge, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels, or may...

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