The Bankruptcy Act, 1861, County Courts: A Summary of the New Practice of the County Courts in Bankruptcy1862 - 159 pages |
From inside the book
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... Applications to the Court , and Practice thereon • 80 · • 82 · 87 91 94 • As to change from Bankruptcy to Arrangement As to Trust Deeds for benefit of Creditors , Compo- sition and Inspectorship Deeds executed by a Debtor 97 The ...
... Applications to the Court , and Practice thereon • 80 · • 82 · 87 91 94 • As to change from Bankruptcy to Arrangement As to Trust Deeds for benefit of Creditors , Compo- sition and Inspectorship Deeds executed by a Debtor 97 The ...
Page 7
... application of the Assignees , or of any purchaser from them , of any part of the Bankrupt's estate , conveyances , if such Bankrupt shall not try the validity of the adjudication , or if there shall have been a verdict at law ...
... application of the Assignees , or of any purchaser from them , of any part of the Bankrupt's estate , conveyances , if such Bankrupt shall not try the validity of the adjudication , or if there shall have been a verdict at law ...
Page 10
... application to be made for that purpose , renew any such order for a like or for any other less period as often as may be necessary . ( B. L. C. A. 1849 , sec . 124. ) Power to sum- mine Bankrupt . AS TO THE BANKRUPT AND PERSONS ...
... application to be made for that purpose , renew any such order for a like or for any other less period as often as may be necessary . ( B. L. C. A. 1849 , sec . 124. ) Power to sum- mine Bankrupt . AS TO THE BANKRUPT AND PERSONS ...
Page 34
... application of the Official Assignee , and upon an affidavit of facts , to set aside the proceedings in such action so far as the Official Assignee is concerned , with such costs or without costs as to the Judge shall seem meet ...
... application of the Official Assignee , and upon an affidavit of facts , to set aside the proceedings in such action so far as the Official Assignee is concerned , with such costs or without costs as to the Judge shall seem meet ...
Page 50
... application for day not later than sixty days from the first meet- ing , and shall give notice of such sitting in the London Gazette , and in such newspapers as the Court shall direct , for the Bankrupt to pass his last examination ...
... application for day not later than sixty days from the first meet- ing , and shall give notice of such sitting in the London Gazette , and in such newspapers as the Court shall direct , for the Bankrupt to pass his last examination ...
Common terms and phrases
Accountant in Bankruptcy Act annexed act of Bankruptcy adjourned adjudication of Bankruptcy advertised affidavit aforesaid allowed amount annuity appear Appendix application appointed Assig attend authorised bail Bank Bank of England Bankrupt's estate Bankruptcy Act C. C. Form charge chattels Chief Registrar claim copy costs County Court Court of Bankruptcy Court of holden custody debtor Deed delivered district dividends documents duly entitled to prove estate and effects execution fees forma pauperis gaol gaoler given hereby High Bailiff Judge jurisdiction last examination lawful liable London Gazette matters of Bankruptcy meeting of creditors ment messenger Metropolitan County misdemeanor months notice oath Official Assignee order of discharge Orders shall direct otherwise paid payable payment person petition for adjudication petitioner prison proceedings PROOF OF DEBTS prosecution public sitting refuse Registrar respect rupt ruptcy schedule Solicitor statement summons surety surrender sworn thereof thereto think fit tion trader writing
Popular passages
Page 76 - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 77 - Then comes the 108th section, which enacts, " that no creditor having security for his debt, or having made any attachment in London, or any other place, by virtue of any custom there used, of the goods and chattels of the bankrupt, shall receive upon any such security or attachment more than a rateable part of such debt...
Page 32 - 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 138 - Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid.
Page 68 - When any rent or other payment falls due at stated periods, and the order of adjudication is made at any time other than one of such periods, the person entitled to such rent or payment may prove for a proportionate part thereof up to the day of the adjudication as if such rent or payment grew due from day to day.
Page 72 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt...
Page 107 - ... he shall also submit the schedule of the bankrupt's creditors and property as amended, duly verified by the bankrupt, and a statement of the whole estate of the bankrupt as then ascertained, of the property recovered and of the property outstanding, specifying the cause of its being outstanding, also what debts or claims are yet undetermined, and stating what sum remains in his hands.
Page 9 - ... and to pay all dividends upon the same to such assignees ; and all such persons whose act or consent is so necessary as aforesaid are hereby indemnified for all things done or permitted pursuant to such order.
Page 12 - ... refuses to come before the court at the time appointed, having no lawful impediment (made known to the court...
Page 68 - ... and may summon any person capable of giving evidence concerning such proof, or concerning the debt sought to be proved, and shall reject all claims not duly proved, or where the proof shows the claim to be founded in fraud, illegality, or mistake.