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

General proxy
54
Jurisdiction to make receiving order
60
SECT PAGE 66 Appointment by Board of Trade of official receivers of debtors
66
Austin
77
Proof of Debts SECT
78
Proceedings and order on creditors petition
80
White Ex parte 381
93
по
94
Schulte Ex parte Re Mantanle 107
107
Service of order staying proceedings
112
Proceedings consequent on Order
120
Debtors statement of affairs
134
Public Examination of Debtor SECT PAGE 17 Public examination of debtor 135138
135
Composition or Scheme of Arrangement 18 Power for creditors to accept and Court to approve composi tion or arrangement 138156
138
Control over Trustee
147
Effect of composition or scheme 156
150
Adjudication of Bankruptcy 20 Adjudication of bankruptcy where composition not accepted or approved 157161
157
Appointment of trustee 162168
162
Committee of inspection 168171
168
Power to accept composition or scheme after bankruptcy adjudication 171175
171
Control over Person and Property of Debtor 24 Duties of debtor as to discovery and realisation of property 175177
175
Arrest of debtor under certain circumstances 177183
177
Redirection of debtors letters
183
Discovery of debtors property 184186
184
Discharge of Bankrupt 28 Discharge of bankrupt 186197
186
Fraudulent settlements 197199
197
Effect of order of discharge 199205
199
Undischarged bankrupt obtaining credit to extent of 20 to be guilty of misdemeanor 205206
205
See omission of Part II on p 206
206
Vacating of seat in House of Commons
207
Vacating of municipal and other offices 208212
208
Power for Court to annul adjudication in certain cases
212
Meaning of payment of debts in full 213216
213
Description of debts provable in bankruptcy PAGE 216233
216
Mutual credit and setoff 233238
233
Whitehead Ex parte
234
Rules as to proof of debts 238242
238
Priority of debts 243255
243
Preferential claim in case of apprenticeship 255256
255
Power to landlord to distrain for rent 256262
256
Property available for Payment of Debts 43 Relation back of trustees title 262272
262
Description of bankrupts property divisible amongst creditors 272306
272
Surman
274
Whittern Ex parte Re Cole 570
283
Sewell Er parte 56
294
Effect of Bankruptcy on antecedent Transactions 45 Restriction of rights of creditor under execution or attach ment 306316
306
Spence 220
309
Duties of sheriff as to goods taken in execution 316321
316
Avoidance of voluntary settlements 321329
321
Jacobs 599
323
Avoidance of preferences in certain cases 329337
329
Sheen Ex parte 24
332
Protection of bona fide transactions without notice 337341
337
Realisation of Property 50 Possession of property by trustee 341344
341
Seizure of property of bankrupt 344345
344
Sequestration of ecclesiastical benefice 345
345
Appropriation of portion of pay or salary to creditors 346
346
Vesting and transfer of property 348
348
Disclaimer of onerous property 349373
349
Sheffield Waggon Co v Stratton
354
Louth Railway Co 57
369
Powers of trustee to deal with property 373376
373
Powers exerciseable by trustee with permission of committee of inspection 376381
376
Distribution of Property 58 Declaration and distribution of dividends 381
381
Joint and separate dividends 383389
383
Shiletoe Ex parte
386
Provision for creditors residing at a distance c 389
389
Right of creditor who has not proved debt before declaration of a dividend 390
390
Final dividend 391
391
No action for dividend
392
bankrupt for maintenance or service
393
estates
394
Status of official receiver 395397
395
Duties of official receiver as regards the debtors conduct
397
Duties of official receiver as to debtors estate 399401
399
Power for Board of Trade to appoint officers
401
Costs
402
Allowance and taxation of costs 403
403
Receipts Payments Accounts Audit 74 Payment of money into Bank of England 404406
404
Trustee not to pay into private account
406
Certain receipts and fees to be applied in aid of expenditure
407
The trustee to furnish list of creditors
408
Annual statement of proceedings
409
Official Name 83 Official name of trustee
411
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
Sidebotham Ex parte and Re 215
440
Discretionary powers of the Court
444
Consolidation of petitions
445
Power to change carriage of proceedings
446
Continuance of proceedings on death of debtor 110 Power to present petition against one partner
447
Power to dismiss petition against some respondents only
448
Actions by trustee and bankrupts partners
449
Actions on joint contracts
450
Officers
451
Disabilities of officers
452
PART VIII
464
Fees Salaries Expenditure and Returns
471
Bankruptcy Courts to have seals
477
Service of notices
480
Corporations
486
Selection of persons from holders of abolished offices
492
Extension of penal provisions of 32 33 Vict c 62 to
498
Repeal
505
Proof of debts
513
BILLS OF SALE ACTS 1878 AND 1882
519
Williamson Ex parte 3
534
1882 s 4 Bill of sale to have schedule of property
539
ACT PAGE
549
1878 s 5 Application of Act to trade machinery
573
Ibid s 7 Fixtures and growing crops when to be deemed
580
1878 s 8 Repealed section
586
1878 s 9 Avoidance of duplicate bills of sale
592
Smyth Ex parte 77
599
Murray 20 23
600
1878 s 11 Renewal of registration
605
1878 s 13 Masters c to be registrars
611
1878 s 18 Fees to be paid
618
Miller 298 303
621
Waud 20 22
622
1878 Schedule A Affidavit on renewing registration
624
Gazetting
656
659660
662
NO PAGE 1 General title High Court
669
Debtors petition
670
Affidavit of service of bankruptcy notice
671
Orders setting aside bankruptcy notice
672
Creditors petition for administration of estate of deceased debtor under Sect 125
674
Affidavit of truth of statements in petition
675
Application for interim receiver
676
Notice by debtors of intention to oppose petition
677
Bond on stay of proceedings
678
Notice of sureties
679
Certificate of Judge for transfer of proceedings
680
Dismissal of petition
681
Receiving order on debtors petition
682
Order for administration of estate of deceased debtor
683
Statement of affairs
684
Memorandum of public examination
688
Order that examination is concluded
689
Order annulling adjudication
690
Order of discharge
691
Certificate of appointment of trustee
702
81
706
Form of books to be kept by taxing officer
714
Affidavit of trustee under Sect 50
720
Bankruptcy notice book
726
Proceedings upon hearing of application
732
Notice to debtor
735
APPENDIX C
743
Transfer of estates on vacancy of office of trustee in liquida
754
Debtors Act 1878
757
APPENDIX
763
APPENDIX I
769
Bankruptcy Disqualification Act 1878 Judicature Act 1875
771
APPENDIX L
777
Scale of Fees and Percentages
785
Transfer of outstanding property on close of bankruptcy
793
INDEX
799
1878 s 15 Entry of satisfaction 612
807
Unclaimed Funds or Dividends
837
Appendix of forms

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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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