Arrêts de la Cour Suprème, de la Cour de Vice-amirauté, Et de la Cour Des Faillites de L'ile Maurice

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William Maxwell, 1884 - Law reports, digests, etc

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Page 64 - 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 such terms as the Court may impose.
Page 166 - Any contract, covenant, or security made or given by a bankrupt or other person with, or in trust for, any creditor, for securing the payment of any money as a consideration for or with intent to induce the creditor to forbear opposing the application for discharge of the bankrupt, shall be void...
Page 131 - ... may be agreed upon by the parties, or settled by such person or persons as may have been appointed by the court for that purpose in the event of the parties not agreeing, and...
Page 103 - ... facie evidence that, as to all circumstances which were open to inspection and visible, the goods were in good order; but it does not preclude the carrier from showing, in case of loss or damage, that the loss proceeded from some cause which existed, but was not apparent, when he received the...
Page 166 - G. 4, c. 16, s. 131, enacts that no bankrupt, after his certificate shall have been allowed, under any present or future commission, shall be liable to pay or satisfy any debt, claim, or demand, from which he shall have been discharged by virtue of such certificate, or any part of such debt, claim, or demand, upon any contract, promise or agreement, made or to be made after the suing out of the commission, unless such promise, contract, or agreement, be made in writing, signed by the bank• * irupt,...
Page 103 - ... evidence that, as to all circumstances which were open to inspection and visible, the goods were in good order; but it does not preclude the carrier from showing, in case of loss or damage, that the loss proceeded from some cause which existed, but was not apparent, when he received the goods, and which, if shown satisfactorily, will discharge the carrier from liability.
Page 75 - At once a motion for a new trial was made on the ground that the foregoing rulings of the judge were wrong, and that the truth of the libel was admissible.
Page 23 - Quant aux biens qui sont dans la main d'un tiers détenteur, elle lui est acquise par le temps réglé pour la prescription de la propriété à son profit: dans le cas où la prescription suppose un titre, elle ne commence à courir que du jour où il a été transcrit sur les registres du conservateur.
Page 150 - Now, however, the defendant may defend himself against an indictment or information, by pleading that the charge was true, and that it was for the public benefit that it should...
Page 131 - ... of law arising out of the same on which they desire to have the opinion of another court, and shall pronounce an order remitting the same, together with the case, to the court in such other part of Her Majesty's dominions, being one of the superior courts thereof, whose opinion...

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