A Manual of Bankruptcy and Bills of Sale Law: With Analytical Notes to the Bankruptcy Act, 1883, and References to the Leading Cases in Bankruptcy Under the 1849, 1861, and 1869 Acts : the Bills of Sale Acts, 1854, 1866, 1878 and 1882 : and Debtors Acts, 1869 and 1878 : Together with Rules, Orders, and Forms, Forms of Deeds of Composition, Bills of Sale, and Rules in Interpleader, Etc

Portada
Stevens and Sons, 1884 - 838 páginas

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Contenido

Protection of bona fide transactions without notice
49
Disclaimer of onerous property
55
Sewell Ex parte
56
Jurisdiction to make receiving order 6063
60
Provision for creditors residing at a distance
61
Appointment by Board of Trade of official receivers of debtors
66
Proceedings and order on creditors petition 79_85
80
Effect of receiving order 87112
87
Russell 294
89
Service of order staying proceedings 112
112
SECT PAGE 117 Enforcement of orders of Courts throughout the United
117
14 Power to Court to annul receiving order in certain cases 118120
118
Debtors statement of affairs 132134
132
SECT PAGE
135
Control over Trustee
147
Effect of composition or scheme 156
156
Committee of inspection 168171
168
Duties of debtor as to discovery and realisation of property 175177
175
Redirection of debtors letters
183
Wier Ex parte and Re 51 56
194
Fraudulent settlements 197199
197
Undischarged bankrupt obtaining credit to extent of 20
205
Vacating of municipal and other offices 208_212
212
Spence
220
Sheen Ex parte 24
227
Sheffield Waggon Co v Stratton 354
242
Shiel Ex parte Re Lonergan 100
261
Willoughby DEresby Baroness
295
Wallani 352 354
352
Shiletoe Ex parte
386
Costs
402
Trustee not to pay into private account
408
Proceedings in case of vacancy in office of trustee
414
SECT PAGE 89 Discretionary powers of trustee and control thereof
415
Appeal to Court against trustee 416
416
Control of Board of Trade over trustees 418
418
PART VI
419
Court 420424
420
Petition where to be presented
424
Transfer of proceedings from Court to Court 425427
425
Exercise in chambers of High Court jurisdiction
427
Powers of County Court
429
Board of Trade to make payments in accordance with direc tions of Court
430
Judgment Debtors 103 Judgment debtors summons to be bankruptcy business 436438
436
Appeals in bankruptcy 438443
438
Limitation of voting powers of trustee
442
Discretionary powers of the Court
444
Consolidation of petitions
445
Power to change carriage of proceedings
446
Power to stay proceedings
447
Power to dismiss petition against some respondents only
448
Actions by trustee and bankrupts partners
449
Actions on joint contracts
450
Disabilities of officers
451
Kingdom
452
Warrants of Bankruptcy Courts
453
PART VII
454
Power for County Court to make administration order instead of order for payment by instalments 456463
456
PART VIII
464
Administration in bankruptcy of estate of person dying insolvent 465470
465
Saving as to debts contracted before Act of 1861
470
Fees Salaries Expenditure and Returns 128 Fees and remuneration
471
Annual accounts of receipts and expenditure in respect of bankruptcy proceedings
472
Performance of new duties by persons whose offices
491
Criminal liability after discharge or composition 499503
499
Repeal
505
Proof of debts 612
512
Enactments repealed as to England
518
1882 s 4 Bill of sale to have schedule of property
539
Pilck
545
Аст PAGE
549
1878 s 3 Application of Act to trade machinery
573
1882 s 7 When power to seize may be exercised 581586
581
1882 s 8 Bill of sale to be void unless attested and registered 688
589
Sidebotham Ex parte and Re 215
601
1878 s 11 Renewal of registration
605
1878 s 13 Masters c to be registrars
611
626627
630
634636
636
10
642
6464648
648
RULES PAGE
650
Proceedings by company
656
Disclaimer of leases
662
265_270 Rules under Sect 5 of Debtors Act
668
General title High Court
669
Affidavit of truth of statements in petition
675
Dismissal of petition
681
Memorandum of public examination
688
NO PAGE 48 Application to enforce provision in composition
692
öl Certificate of composition or scheme
693
Affidavit of proof
694
Special proxy
695
Notice to creditors of first meeting
696
Minutes of proceedings at first meeting
697
List of creditors to be used at every meeting
698
scheme
699
position
700
Minates of meeting for receiving trustees resignation
701
Certificate of appointment of trustee
702
Report of appointment of trustee to fill vacancy
703
Notice of intention to disclaim lease
704
Statement to accompany notice of dividend
705
Application for order to pay dividend withheld
706
Certificate by committee of inspection as to audit of trustees accounts
707
Annual return by trustee
708
Trustees trading account
709
Affidavit verifying trading account
710
Order setting aside income c under Sect 53 3
711
Notice to creditors of intention to apply for release
712
104 Subpćna High Court
718
Warrant to apprehend a person summoned under Sect 24
724
SECT 122
725
Memorandum of advertisement or gazetting
730
Suspension of order to pay c
734
Notice to creditors
737
XO PAGE
739
Form of deed of arrangement under Sect 23
746
APPENDIX
758
APPENDIX I
764
APPENDIX
774
Scale of Solicitors Costs Brokers and Accountants charges
785
New General Rule
794
1878 s 15 Entry of satisfaction 612
807
Appendix of forms 733

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Página 540 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorizing, or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Página 40 - Court, elsewhere, a bankruptcy notice under this Act, requiring him to pay the judgment debt in accordance with the terms of the judgment, or to secure or compound for...
Página 317 - ... 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 463 - ... respectively, as may be in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the...
Página 286 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Página 438 - ... may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.
Página 747 - Ids property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud...

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