Inspection of Bankrupt's books, &c., by, p. 49. Instalments, proof in case of debt payable by, p. 68. Insurance, proof for premiums upon, p. 69.
Interest upon debts, proof for, p. 76.
Interlineations in petitions, p. 61.
Inventory of Bankrupt's estate, p. 37.
Joint creditor may prove under separate estate, when, p. 67.
Joint and separate estates, dividends on, p. 108.
Judges, their powers and authority, p. 4 to 22; oath by, p. 4; may direct Registrars to hold meetings, p. 5.
Judge's Order, consent to, by Bankrupt, p. 43.
Judicial notice of signature of Judges, p. 94; Registrars, p. 94; seals of
Jurisdiction of the Courts, p. 3.
Jury, trial by, when, p. 20, 53.
Labourer's and workman's wages to be paid in full, when, p. 70. Last examination, see "Bankrupt," appointment for, p. 80, Form, Ap- pendix, p. 129; to be advertised, p. 80, Form, Appendix, p. 130; may be adjourned, p. 80, Form, Appendix, p. 136; sine die, p. 87; when not to be passed, p. 81; sitting for, p. 82; application for discharge at, p. 80; enlargement of time for, p. 80; documents to be filed at, p. 82; Forms, Appendix, 134 to 136.
Lease, Assignees may elect to take, for limited period, p. 102.
Letters of Bankrupt may be stopped, p. 10, 65; Form of Order, Ap- pendix, p. 123.
Lien, none on Bankrupt's books, &c., p. 99.
Life estate of Bankrupt, p. 7; when not to be sold, p. 7.
List of Creditors for Assignee, p. 34, 99, Form, Appendix, p. 126; of dividends, p. 108, Form, Appendix, p. 145.
London Court of Bankruptcy, district of, p. 28.
London Gazette, notices in, p. 59, 80.
Manager, appointment of, p. 79; Bankrupt may be, p. 104; may be removed, p. 105.
Messenger, p. 36, see 'High Bailiff," fees of, Appendix, p. 112, 113; security by, p. 36; to act under Official Assignee, p. 37; on appoint- ment of Creditors' Assignee to act under, p. 37; to execute warrant of seizure, p. 37; to make inventory of Bankrupt's estate when deemed requisite by Official Assignee, p. 37; valuation to be made, when, p. 38; to give notice to creditors of petition, p. 38, Appendix, p. 124; to attend Court, and serve all summonses, notices, &c., to execute all warrants, to prepare and insert all advertisements, &c., p. 38; to render account of fees to Official Assignee, p. 38; priority of payment of, p. 59; to account to Chief Registrar annually on oath, p. 39; affidavit of possession by, Form, Appendix, p. 128; actions against, p. 39.
Metropolitan district, p. 3; County Courts of, no jurisdiction in Bank- ruptcy, p. 3.
Misdemeanors by Bankrupt, p. 16 to 22, 51 to 55, see "Bankrupt.” Money obtained from Bankrupt to forbear opposition, p. 89.
Monies of Bankrupt, p. 9. Mortgage by, p. 103; accounts to be taken by Registrar, G. O. No. 18. Motions to Court, p. 91; notice to be served and copy affidavit, p. 91; service of, p. 92; affidavit in support, p. 92; hearing and order of making, p. 92, 93; note of for Registrar, p. 93.
Mutilation of books, &c. by Bankrupt a misdemeanor, p. 17, 52.
Notice to creditors, p. 38, 64; affidavit of service of, Form, Appendix, p. 124.
Notices, unless required to be personally served, to be sent by post, p. 59; to gaoler by pauper prisoners, p. 46; in London Gazette, p. 38, 59; directions to be given as to, by Registrar, p. 65, 80.
Oath, affidavit, &c., before whom to be made, p. 60. Obligees in bottomry, &c., bonds proof of debt by, p. 72. Office copies charges for, Appendix, p. 111.
Officers forging signature of, p. 94.
Official Assignee, Registrars to act as, p. 31; fees, Appendix, p. 111; security, p. 31; to act as sole Assignee till Creditor's Assignee appointed, 1, p. 31; may sell Bankrupt's Goods when, p. 31; goods in possession of Bankrupt to be deemed his property, p. 32; as to crops, p. 32; sale of Book debts, p. 32; not personally liable when, p. 33; not to interfere with Creditors in appointment of Solicitor, p. 31; to collect debts under £10, p. 34; to attend meeting of Creditors', p. 34; on appointment of Creditors' Assignee Bankrupt's estate vests in Creditor's Assignee, p. 34; to account to Creditor's Assignee, p. 34, 99; Form of, Appendix, p. 127; as to assistance to Bankrupt, p. 35; to send abstract of accounts to each Creditor who has proved, p. 35; Form of, Appendix, p. 133; to report to Court on state of Bankrupt's affairs, p. 35; Form of, Appendix, p. 134; to examine accounts and to make out lists of Creditors who have proved, p. 35, 99; Form of, Appendix, p. 126; to audit accounts of Creditor's Assignee every three months, p. 35; costs of printing and postages, p. 106; if no Creditors' Assignee to render accounts to Judge, p. 36; to be printed and sent by post to every Creditor who has proved, p. 35, 36; Form of, Appendix, p. 141.
Opposition money to forbear, p. 89.
Orders, County Courts, p. 1, 57.
Orders, general, p. 2, 57.
Order for Registrar to attend at gaol, p. 28, 29; to be sent to gaoler and
execution and detaining Creditors, p. 28.
Order to show cause may be made, p. 92; service of, p. 92, see
Order of Court wilfully disobeying, p. 15, 93.
Pay, half-pay, &c., applicable for Creditors, p. 86
Payment of money, costs, &c., order for, p. 90.
Payments by Bankrupt, when valid, p. 41. Pension of applicable for Creditors, p. 86. Perjury, p. 25, 67, 83.
Petition, what debts to be reckoned on, p. 60; to be on parchment duly stamped, p. 60; to be signed by Petitioner and attested by Solicitor or Agent, p. 61; where to be filed, p. 60; debts not to exceed £300, p. 46, 61, Form, Appendix, p. 117; effect of, p. 45; affidavit of verification, to be filed with, p. 62, Form, Appendix, p. 117; to be examined by Registrar, p. 62; may be heard and disposed of by Registrar at Chambers, p. 46, 62; when evidence, p. 84; dismissal of, p. 64.
Petitioner, see "Debtor," p. 5, 45.
Policies, premiums on proof for, p. 69.
Possession of Bankrupt's estate, p. 31; affidavit of, by messenger, Form, Appendix, p. 128.
Power of Courts over Bankrupt and his property, p. 6 to 22.
Powers of Bankrupt, Assignees may execute, p. 103.
Printing and postages paid by Official Assignee, p. 106.
Prisoners for debt, petition by, p. 26 to 30; monthly return of, by gaoler,
p. 27; to give notice to gaoler, p. 46; examination of, in London district, beyond Metropolitan district, by Registrars, p. 28, 29; refusing to conform may be committed, p. 29, 30; Solicitors in pri- son cases, appointment of, p. 66.
Proceedings, forms of, p. 2, 57; to be of uniform size, p. 57; may be transferred from Courts of Bankruptcy to County Courts, p. 3, 4; may be suspended by Creditors at first meeting, p. 78; when uncon- tested, may be heard by Registrars at Chambers, p. 70, 71. (G. O. No. 18.)
Proof of debts, p. 66 to 77; debts when and how proved, p. 66; proof in Court by deposition, p. 67; for money, p. 68; for proportionate part of rent, p. 68; of debt payable by instalments, p. 68; in respect of distinct contracts, p. 69; for unliquidated damages, p. 69; for pre- miums on policies of insurance, p. 69; how expunged or reduced, p. 70; what to be paid in full, p. 70, 71; mutual debts and credits may be set off, p. 71; debts not payable at time of Bankruptcy, p. 71; by sureties, p. 72; on bottomry bonds, p. 72; by annuity cre- ditor, p. 73; by sureties for payment of annuities, p. 73; for debts contingent, p. 74; for liabilities contingent, p. 74; proof against agent, p. 75; for interest, p. 76; for costs, p. 76; proving debt election not to proceed against Bankrupt by action, p. 76; Creditors having security, p. 77.
Property of Bankrupt vests in Assignees, p. 99, 100, see "Assignees." Proposal of Bankrupt at first meeting, p. 78.
Prosecution, Judges may direct in cases of misdemeanor, p. 19, and appoint prosecutor, p. 19; costs of, p. 19; reference to Attorney- General, p. 20; indictment, p. 20.
Protection may be granted by a Registrar in Chambers, p. 24, 46, 62; in prison cases, p. 27, 29.
Public companies, proof of debt by agent of, p. 66.
Purchases from Bankrupt, when valid, p. 42.
Registrar, p. 23, see "Official Assignee," fees, p. 23, Appendix, p. 111, 112; return of, to Chief Registrar, p. 23; powers and jurisdiction of, p. 24; may act for Judge, when, p. 24; to hold meetings, p. 24; expenses of, p. 25; in proceedings before, parties may take opinion of Judge, p. 25; certificates of, at chambers, p. 25; parties and wit- nesses not attending, or swearing falsely before, p. 25; refusing to answer or to sign examination before, p. 26; to be taxing officers, p. 26; attendance of at gaols to examine prisoners, p. 29; to make adjudication, p. 29; certificate to what Court, p. if prisoner
refuse to conform, p. 29, may be committed, p. 30; effect of adjudi- cation, p. 30.
Rehearing of order of discharge, p. 89.
Rent to be paid in full, when, p. 70; proof for proportionate part of, p. 68.
Return by gaolers of prisoners for debt, p. 27.
Returns to Chief Registrar, p. 23, 39.
Salary may be paid in full, when, p. 70.
Sale of Bankrupt's property, p. 7, 31, 63; order for, Form, Appendix, p.
122; of book debts, p. 32.
Seal of Courts, judicial notice of, p. 94; forging, p. 94.
Search warrant, p. 16, Form, Appendix, p. 137,
Seizure, warrant of, p. 37, 62, 63, Form, Appendix, p. 120.
Securities, creditors having, proof by, p. 77.
Sequestration of benefice, p. 86,
Short-hand writers, appointment of, p. 85; declaration by, p. 85; fee of, p. 85.
Signature of Judges and Registrars, p. 94; forging, p. 94,
Sine die Courts may adjourn Bankrupt's last examination, p. 87. Sittings in Chambers, p. 24; for audit and dividend, p. 105, 106. Sittings of the Courts, p. 4, 5; First sitting, p. 65; last examination, p. 82; for granting order of discharge, when, p. 88.
Solicitors may practise and plead without counsel, p. 58; to prepare docu- ments, p. 58; costs of, Appendix, p. 113, 114; to be taxed by Re- gistrar, p. 26, 58; allocatur stamp on, Appendix, p. 111; payment of, p. 59; in prison cases, when no Creditors' Assignee, how ap- pointed, p. 66.
Stamps in lieu of fees, Appendix, p. 111.
Statement of accounts and debts, see "Bankrupt."
Stock, public funds', companies', to be transferred to Assignees, p. 9. Summons to be under hand of Registrar and seal of Court, p. 93; to Bankrupt to surrender at first meeting, p. 63, Form, Appendix, p. 120; affidavit of service, Form, Appendix, p. 121; to surrender for last examination, p. 81, Form, Appendix, p. 130; affidavit of ser- vice, p. 121, against person suspected of having Bankrupt's property, p. 12, 13, Form, Appendix, p. 131, see "witness."
Sureties, proof by, p. 72.
Surrender of Bankrupt, p. 24, 46, 62, 81, 82, Form, Appendix, p. 119; enlargement of time for, p. 50, 80. (G. O. No. 17.)
Suspending proceedings by creditors, p. 78.
Taxation of costs, p. 26, 58.
Taxes to be paid in full, when, p. 70.
Time, enlargement of, p. 50, 80; to file statement of debts, p. 50; affida- vit, Form of, Appendix, p. 148; order, Form of, Appendix, p. 123. Trader, petition by, distinction between and non-trader abolished, p. 44. Treasurer, banker, &c., having money of Bankrupt, p. 9.
Trust deeds, see 66 arrangement," what deeds to be valid and on what conditions, p. 97, 98.
Unclaimed dividends, p. 109; after expiration of twelve months, p. 110. Unliquidated damages, proof for, p. 69.
Valuation of Bankrupt's property, p. 38.
Wages to be paid in full, when, p. 70.
Want of form where not to invalidate proceedings, p. 94.
Warrants to be under seal of Court and hand of Judge, p. 93.
Warrant against Bankrupt or other persons, p.11, 12.
Warrant of committal, p. 14, Form, Appendix, p. 138; for disobeying order of Court, p. 15, 93, Form, Appendix, p. 138; notice of motion to be personally served before issuing, p. 93.
Warrant, search, p. 16, Form, Appendix, p. 137.
Warrant of Attorney, p. 42, 43.
Warrant of seizure, power of messenger under, p. 37, Form, Appendix, p. 120.
Warrant to gaoler, p. 47; Form, Appendix, p. 139.
Wearing apparel of Bankrupt, his wife and children, not to be seized, p. 37. Wife of Bankrupt may be summoned and examined, p. 11; refusing to be sworn, &c., may be committed, p. 82; false evidence, p. 83. Witness, power to summon and examine, p. 12, 13; Form, Appendix, p. 131, 132; refusing to be sworn, &c., may be committed, p. 82; false evidence, p. 83; before Registrars, p. 25, 26; costs of, p. 90, 91; Appendix, p. 116.
PRINTED BY S. B. HOWELL, 52, NEW STREET, BIRMINGHAM.
« PreviousContinue » |