Plain directions for proceeding under the Act for the abolition of imprisonment for debt, etc |
From inside the book
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Page 12
... appointment , without any deed of con- veyance . The assignees , therefore , sell the property of the bankrupt ( independent of the official assignee ) , and divide it amongst those creditors who have proved debts . The future estate of ...
... appointment , without any deed of con- veyance . The assignees , therefore , sell the property of the bankrupt ( independent of the official assignee ) , and divide it amongst those creditors who have proved debts . The future estate of ...
Page 43
... appointment of other persons , who must be barristers of ten years ' standing . The principal officers of the court are the chief clerk and the provisional assignee . The court sits at the court house in Portugal street , Lincoln's Inn ...
... appointment of other persons , who must be barristers of ten years ' standing . The principal officers of the court are the chief clerk and the provisional assignee . The court sits at the court house in Portugal street , Lincoln's Inn ...
Page 44
... appoint a commissioner in case of his illness to execute the office . One commissioner also may , out of court , upon summons , hear and dispose of applications upon matters incident to the general jurisdiction of the court , the ...
... appoint a commissioner in case of his illness to execute the office . One commissioner also may , out of court , upon summons , hear and dispose of applications upon matters incident to the general jurisdiction of the court , the ...
Page 49
... appointed by the creditors at a private meeting , s . 42 ; or if the insolvent should compound with his creditors , or abandon his petition , or should be by the consent or default of his creditors discharged out of prison without an ...
... appointed by the creditors at a private meeting , s . 42 ; or if the insolvent should compound with his creditors , or abandon his petition , or should be by the consent or default of his creditors discharged out of prison without an ...
Page 55
... appoint a time and place for the prisoner to be brought up , either before the court in London or a commissioner on the circuit , at a period of not later than four calendar months after the date of the order of court making such ...
... appoint a time and place for the prisoner to be brought up , either before the court in London or a commissioner on the circuit , at a period of not later than four calendar months after the date of the order of court making such ...
Other editions - View all
Plain Directions for Proceeding Under the ACT for the Abolition of ... Thomas Edlyne Tomlins No preview available - 2015 |
Plain Directions for Proceeding Under the Act for the Abolition of ... Thomas Edlyne Tomlins No preview available - 2020 |
Common terms and phrases
1st October act of bankruptcy action adjudication affidavit amount application appointment arrest Balance Sheet bankrupt benefit Berwick-upon-Tweed bond calendar months capias cause cognovit commenced compulsory costs courts at Westminster courts of equity courts of law custody debt declared defendant ditors dividend effect elegit enforced entered feme covert fiat fieri facias fraudulently FURNIVAL'S INN future estate future property given hearing holding to bail imprisonment inferior courts Insolvent Debtors insolvent's estate insolvent's possession Interpleader issued judge judgment creditor jurisdiction land levied liable Marshalsea Court ment mesne process mortgage Ne Exeat notice obtaining his certificate operation outlawry party payment petition plaintiff present act prisoner proceedings provisional assignee real estate remand remedies respect schedule sheriff single commissioner statute sued suit superior courts termed thereof tion trader vested warrant of attorney writ of fieri writ of summons writs of execution
Popular passages
Page 24 - ... or over which such person shall, at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without...
Page 1 - An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors ; and for amending the laws for the relief of insolvent debtors in England.
Page 53 - Creditors, together with the Nature and Amount of such Debts and Claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such Prisoner...
Page 24 - Court, and according to the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands. tenements, rectories, tithes, rents, and hereditaments. including lands and hereditaments of copyhold or customary tenure, in your bailiwick as the said...
Page 26 - ... shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expenses to be incurred in the prosecution of such action, or to •which he may become liable in consequence thereof, the expense of such bond to be deducted out of any money to be recovered in such action.
Page 25 - ... cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money...
Page 22 - Debts is or are justly due to him or them respectively, and that such Debtor, as he or they verily believe, is such Trader as aforesaid, and shall cause him to be served personally with a Copy of such Affidavit or Affidavits, and with a Notice in Writing requiring immediate Payment of such Debt or Debts ; and if such Trader shall not within Twenty-one Days after personal Service of such Affidavit or Affidavits...
Page 38 - That from and after the time appointed for the commencement of this act no warrant of attorney to confess judgment in any personal action or cognovit actionem, given by any person, shall be of any force unless there shall be present some attorney of one of the superior Courts on behalf of such person, *expressly named by him and attending at his...
Page 72 - 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, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy.
Page 36 - Vic. c. 105, s. 12, after reciting that injustice is frequently done to creditors by secret warrants of attorney to confess judgments for securing the payment of money, whereby persons in a state of insolvency are enabled to keep up the appearance of being in good circumstances, and the persons holding such warrants of attorney have the power of taking the property of such insolvents in execution at any time, to the exclusion of the rest of their creditors...