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

Dentro del libro

Contenido

Proceedings and order on creditors petition 7985
80
Effect of receiving order 87112
87
White Ex parte 381
93
Schulte Er parte Re Mantanle 107
107
Service of order staying proceedings 112
112
Power to Court to annul receiving order in certain cases 118120
118
Debtors statement of affairs 132134
132
Public examination of debtor
135
Control over Trustee
147
Effect of composition or scheme
150
Adjudication of Bankruptcy
157
Appointment of trustee
165
Committee of inspection
169
Control over Person and Property of Debtor
175
Discharge of Bankrupt
186
Fraudulent settlements
197
Effect of order of discharge
205
Power for Court to annul adjudication in certain cases
212
Whitehead Ex parte
234
Rules as to proof of debts
238
Property available for Payment of Debts
262
Description of bankrupts property divisible amongst creditors 272306
272
Surman
274
Whittern Ex parte Re Cole 570
283
Sewell Er parte 56
294
Browning 32
304
Effect of Bankruptcy on antecedent Transactions
306
Spence 220
309
Jacobs 599
323
Searley 598
329
Sheen Ex parte 24
332
Realisation of Property
341
Vesting and transfer of property
348
Sheffield Waggon Co v Stratton
354
Louth Railway Co 57
369
Disclaimer of onerous property
374
Distribution of Property
381
Shiletoe Ex parte
386
Right of creditor who has not proved debt before declaration
390
estates
394
Status of official receiver 395397
395
Duties of official receiver as regards the debtors conduct
397
SECT
398
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
Appointment and Removal 84 Power to appoint joint or successive trustees
412
Office of trustee vacated by insolvency
413
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
Consolidation of London Bankruptcy Court with Supreme Court of Judicature
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
Sidebotham Ex parte and Re 215
440
Extension of penal provisions of 32 33 Vict c 62
443
Discretionary powers of the Court
444
Consolidation of petitions
445
Power to change carriage of proceedings
446
Power to stay proceedings
447
Power to present petition against one partner 112 Property of partners to be vested in same trustee
448
Corporations
486
Selection of persons from holders of abolished offices
492
petitioning debtors
498
Repeal
505
Proof of debts
512
1878
519
1882
530
Williamson Ex parte 3
534
Godfrey
549
Transfers or assignments of ships
557
Stock or produce of lands
567
1878 s 8
590
Murray 20 23
600
1882 s 15 Repeal of Sects 8 and 20 of 1878 c
613
1878 s 11 Renewal of registration
615
Ibid s 21 Authority to make rules
622
Title of Acts
623
1882 s 11 Local registration
624
Gazetting
656
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
1882 s 12
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
Application for order to pay dividend withheld
707
NO PAGE 94 Application for release to Board of Trade
712
Request to deliver bill for taxation
713
Form of books to be kept by taxing officer
714
Form of return by taxing officer
715
Order to pay admitted debt
716
Warrant against debtor about to quit England c
717
Subpoena High Court
718
Summons under Sect 27
719
Affidavit of trustee under Sect 50 6
720
Notice of application for committal under Sects 18 23
721
Affidavit of person interested in a composition for committal
722
Order of committal under Sect 24
723
Warrant to apprehend a person summoned under Sect 24
724
SECT 122
725
Bankruptcy notice book
726
Bankruptcy notices for London Gazette
727
Memorandum of advertisement or gazetting
730
Proceedings upon hearing of application
732
Request for an order of administration
735
Notice to creditors
736
Order of administration
737
Warrant of execution
738
Judgment summons
739
APPENDIX D
746
Rules of Supreme Court 1883 under Debtors Act 1869
758
APPENDIX I
769
Bankruptcy Disqualification Act 1878 Judicature Act 1875
771
APPENDIX L
777
Scale of Fees and Percentages
785
Board of Trade Supplemental Orders
793
INDEX
799
Ibid ss 2 Commencement of Acts
807
Appendix of forms
1882 s 14 Bills of sale not a protection against distress

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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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