Plain directions for proceeding under the Act for the abolition of imprisonment for debt, etc |
From inside the book
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Page 17
... schedule to this act annexed , and shall bear date on the day on which the same shall be issued , s . 3 . The circumstance of a defendant being about to quit England should be carefully and satisfactorily proved by affidavits , which ...
... schedule to this act annexed , and shall bear date on the day on which the same shall be issued , s . 3 . The circumstance of a defendant being about to quit England should be carefully and satisfactorily proved by affidavits , which ...
Page 21
... Schedule to the act . * By this it will be observed , that courts of equity have the power of enforcing their decrees or orders by writs of fieri facias , in the same manner as the courts of common law ( see post , p . 29. ) The courts ...
... Schedule to the act . * By this it will be observed , that courts of equity have the power of enforcing their decrees or orders by writs of fieri facias , in the same manner as the courts of common law ( see post , p . 29. ) The courts ...
Page 47
... schedule " is filed , the court are empowered to grant permission in case of ill health , that the insolvent may reside within the rules , upon the condition , nevertheless , that any breach whatever of such " rules " shall operate to ...
... schedule " is filed , the court are empowered to grant permission in case of ill health , that the insolvent may reside within the rules , upon the condition , nevertheless , that any breach whatever of such " rules " shall operate to ...
Page 51
... schedule , and to conform himself to the act , and thereby to subject his future property to his cre- ditors notwithstanding the obtaining of his cer- tificate , but without interfering with the rights of the assignees under the ...
... schedule , and to conform himself to the act , and thereby to subject his future property to his cre- ditors notwithstanding the obtaining of his cer- tificate , but without interfering with the rights of the assignees under the ...
Page 52
... schedule of his property according to the act , and that he should be brought before the court to be dealt with ac- cordingly . To this creditor's petition are annexed , in the same manner as in the debtor's petition , the official ...
... schedule of his property according to the act , and that he should be brought before the court to be dealt with ac- cordingly . To this creditor's petition are annexed , in the same manner as in the debtor's petition , the official ...
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...