The Law and Practice in Bankruptcy: Comprising the Bankruptcy Act, 1883, the Debtors Acts, 1869, 1878, and the Bills of Sale Acts, 1878 & 1882
Stevens & Sons, 1884 - 735 páginas
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act of bankruptcy action adjudication affidavit allowed amount appeal application appointed assignment Bank bankrupt bill of sale Board of Trade cause charge claim commencement committed composition contract costs County Court Court creditors debt debtor decided direct discharge dividend effect England entitled evidence execution fact filed firm fraudulent Fund give given ground held High Court insolvent intention interest issued joint judge judgment jurisdiction L. J. Bank leave liability Lord manner matter means meeting ment necessary notice obtained official receiver otherwise owner paid party pass payment person petition possession preference present principal proceedings proof provable prove provisions question reason receiving order Registrar relation reputed respect Rule ruptcy schedule scheme separate sub-section sufficient taken thereof tion transfer trustee unless vested Vict whole
Página 227 - ... at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, and that the interest of the settlor in such property had passed to the trustee of such settlement on the execution thereof.
Página 29 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Página 179 - includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in England or elsewhere ; also, obligations, easements, and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined : " Resolution
Página 640 - ... nor shares or interests in the stock, funds, or securities of any government, or in the capital or property of incorporated or joint stock companies, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement or of the custom of the country ought not to be removed from any farm where the same are at the time of making or giving of such bill of sale...
Página 194 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner...
Página 162 - 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; provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be deemed goods within the meaning of this section.
Página 42 - On the making of a receiving order an official receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Act, no creditor to whom the debtor is indebted, in respect of any debt provable in bankruptcy, shall have any remedy against the property or person of the debtor, in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the court, and on euch terms as the court may impose" "(2.) But...
Página 331 - Orders made in pursuance of this Section shall be laid before Parliament within Three Weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within Three Weeks after the Beginning of the then next Session of Parliament.
Página 644 - In case two or more bills of sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels. A transfer or assignment of a registered bill of sale need not be registered.