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

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Stevens and Sons, 1884 - Bankruptcy - 838 pages
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Contents

Ex parte Re Douglas 229
55
Jurisdiction to make receiving order 6063
60
SECT PAO 66 Appointment by Board of Trade of official receivers of debtors
66
Keeley 274
68
Salaraan E e parte Re Taylor 32
77
Proof of Debts
78
Proceedings and order on creditors petition 7985
80
Manictt Ex parte
82
Effect of receiving order 87112
87
ONeal 598
104
Schulte Ex parte Re Mantanle 107
107
Bunny Ex parte 31
110
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 SKCT PACK 17 Public examination of debtor 135138
135
Competition or Scheme of Arrangement 18 Power for creditors to accept and Court to approve composi tion or arrangement 138156
138
Burden Ex parte Re Neil
144
Control over Trustee
147
Effect of composition or scheme 156
156
Adjudication of Bankruptcy 20 Adjudication of bankruptcy where composition not accepted or approved 157161
157
Appointment of trustee 162168
165
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 ns to discovery and realisation of property 175177
175
Arrest of debtor under certain circumstances 177183
177
Surman 274
181
Redirection of debtors letters
183
Discovery of debtors property 184186
184
Discharge of Bankrupt 28 Discharge of bankrupt 186197
186
Addison Ex parte 32
194
Fraudulent settlements 197199
197
Effect of order of discharge 199205
199
Garrick
201
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 208
208
SICT page 37 Description of debts provable in bankruptcy 210233
210
Power for Court to annul adjudication in certain cases
212
Meaning of payment of debts in full 213
213
Farringtou
222
Claridge 571 595 605
228
Mutual credit and setoff 233238
233
Barrett Ex parte
236
Moss
237
Rules as to proof of debts 238242
238
Priority of debts 243255
243
Preferential claim in case of apprenticeship 255256
250
Agra Bank Ex parte Me Worcester
252
Bushell Ex parte
253
Property available for Payment of Debts 43 Relation back of trustees title 202272
262
Description of bankrupts property divisible amongst creditors 27230G
272
Davis
279
Shaltesluiry r Russell
285
Bell
299
Effect of Bankruptcy on antecedent Transactions 45 Restriction of rights of creditor under execution or attach ment 306316
306
Birde 601
309
Duties of sheriff as to goods taken in execution 316321
316
Avoidance of voluntary settlements 321329
321
Avoidance of preferences in certain cases 329337
329
Stead 332 335
332
Ainsworth Ex parte
333
Protection of bond fide transactions without notice 337341
337
Realisation of Property 50 Possession of property by trustee 341344
341
6 Seizure of property of bankrupt 344345
344
Sequestration of ecclesiastical benefice 345
345
Appropriation of portion of pay or salary to creditors 346
346
Andrews Ex parte Re Fells 296 534
347
Vesting and transfer of property 348
348
Disclaimer of onerous property 349373
349
Sheffield Waggon Co v Stratton
354
Powers of trustee to deal with property 373376
373
Louth Railway Co 57
375
Powers exerciseable by trustee with permission of committee of inspection 376381
376
Barry Ex parte Re Fox 295
380
Distribution of Property 58 Declaration and distribution of dividends 381382
381
Joint and separate dividends 383389
383
Shilutoe Ex parte
386
Provision for creditors residing at a distance c 389
389
Final dividend 391392
391
No action for dividend
392
Power to allow bankrupt to manage property Allowance to 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
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 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 piOB 89 Discretionary powers of trustee and control thereof
415
Appeal to Court against trustee 41fi
416
Control of Board of Trade oyer 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
Power for County Court to make administration order instead of order for payment by instalments 456403
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
Gazette to be evidence
473
Evidence of proceedings in bankruptcy
474
Swearing of affidavits
475
Death of witness
476
Bankruptcy Courts to have seals
477
Appeal from Board of Trade to High Court
478
Service of notices
480
Wingfield
483
Corporation
486
Butler Ex parte
488
Selection of persons from holders of abolished offices
492
Criminal liability after discharge or composition 499503
499
SCHEDULES
507
List of Metropolitan County Courts
517
Boulcott 273
518
1878 s 3 Application of Act 523 539
523
1882 s 4 Bill of sale to have schedule of property
539
a 4 Inventories of goods with receipt thereto attached
549
1878 s 5 Application of Act to trade machinery
573
When power to seize may lie exercised 581586
581
Meats
584
Butters Ex parte Re Harrison 436
598
1KS2 S 15 Repeal of Sects 8 and 20 of 1878 Ac
613
1878 s 8 Repealed section 586
618
Ibid s 21 Authority to make rules
622
Discretionary powers of the Court 444
626
HOIKS paiIE
650
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 126
674
Affidavit of truth of statements in petition
675
Affidavit of truth of statements in petition general deponents
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
Beceiving order on debtors petition
682
Order for administration of estate of deceased debtor
683
Statement of affairs
684
1882 a 8 Bill of sale to be void unless attested and registered
688
Order that examination is concluded
689
Order annulling adjudication
690
Order of discharge
691
SO PAOI 48 Application to enforce provision in composition
692
Certificate of composition or scheme
693
1878 s 9 Avoidance of duplicate bills of sale 592
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
Notice of meeting general form 699
699
Notice to creditors of application to Court to sanction com position
700
Minutes of meeting for receiving trustees resignation
701
Certificate of appointment of truBtee
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 Sic under Sect 53 3
711
Notice to creditors of intention to apply for relea
712
Bequest 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
Notice of application for committal under Sect 24
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
Bequest for an order of administration
735
Notice to creditors
736
Order of administration
737
Warrant of execution
738
Judgment summons
739
o
740
Appendix D
746
Appendix
758
Appendix I
769
Bankruptcy Disqualification Act 1878 Judicature Act 187G
771
Calculation of arrears
782
Scale of Fees and Percentages
785
Board of Trade Supplemental Orders
793
INDEX
799
1878 s 12 Form of register 607
807
lOfi Consolidation of petitions 445
809
Power to change carriage of proceedings 446
815
Proceedings of Board of Trade 478
817
Officers
819

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Common terms and phrases

Popular passages

Page 544 - 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...
Page 844 - French Code of Commerce and most usual Commercial Laws. With a Theoretical and Practical Commentary, and a Compendium of the judicial organization and of the course of procedure before the Tribunals of Commerce ; together with the text of the law ; the most recent decisions of the Courts, and a glossary of French judicial terms. By LEOPOLD GOIRAND, Licencie" en droit. In 1 vol. (850 pp.). Demy 8vo. 1880. 21. 2s. Levi. — Vide "International Law.
Page 42 - 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...
Page 846 - Greenwood's Manual of Conveyancing.— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors
Page 321 - ... 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...
Page 467 - ... 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...
Page 290 - 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...
Page 442 - ... 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.
Page 851 - DIVORCE.— Browne's Treatise on the Principles and Practice of the Court for Divorce and Matrimonial Causes:— With the Statutes, Rules. Fees and Forms relating thereto. Fourth Edition.
Page 751 - 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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