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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.

BY

FRANCIS ROXBURGH, B.A., LL.M.,

Of the Middle Temple, Barrister-at-Law.

London:
KNIGHT & CO., 90 FLEET STREET.

1884.

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TO

SIR FRANCIS ROXBURGH, Q.C.,

JUDGE OF COUNTY COURTS,

This Book

IS DEDICATED

BY

HIS SON

PREFACE.

THE BANKRUPTCY Act, 1883, having repealed the Bankruptcy Act, 1869, which in its turn had repealed others anterior to it, might at first sight be supposed to have instituted an entirely new code of law. It will however be found, that although the administrative machinery is new, yet that the law or rules of law in bankruptcy are to a great extent the same as they were before the passing of this Act.

Many of the provisions of the Act of 1869 having been incorporated with little or no alteration, while material changes have been introduced in others, the decisions under that Act will in many instances be authorities, but in others guides only to the construction of the present Act. It has therefore seemed to the author expedient and useful to cite, as concisely as possible, the decisions which appear applicable, and at the same time to draw attention to the changes as they from time to time occur in the course of the book.

The arrangement of the present work—viz., of printing in prominent type the sections of the Act, intact, with the notes of cases and cross-references immediately following each section in a type easily distinguishable from the other, has been adopted as having been found the most convenient to the practitioner.

For the greater facility of reference the numbers of the sections, rules, and forms, to which each page relates, have been repeated in heavy type in the margin; the sections being rather larger than the rules, while the forms are distinguished by the repetition of the word.

The County Court Rules (1875—1884), now in force, having "with any necessary modifications" been made applicable to all Courts exercising jurisdiction under the Debtors Act, 1869, have, as well as the

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