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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... Surrender and Pro- The First Public Sitting and Meeting of Creditors As to Proof of Debts Debts to be paid in full 62 • 65 66 · 70 Creditors may suspend Proceedings in Bankruptcy . 78 Choice of Assignees • 79 PART IV . The Practice ...
... Surrender and Pro- The First Public Sitting and Meeting of Creditors As to Proof of Debts Debts to be paid in full 62 • 65 66 · 70 Creditors may suspend Proceedings in Bankruptcy . 78 Choice of Assignees • 79 PART IV . The Practice ...
Page 16
... surrender himself to the Court ( having no lawful impediment allowed by the Court ) and sign or subscribe such surrender and submit to be examined before such Court from time to time . 2. If he shall not upon his examination fully and ...
... surrender himself to the Court ( having no lawful impediment allowed by the Court ) and sign or subscribe such surrender and submit to be examined before such Court from time to time . 2. If he shall not upon his examination fully and ...
Page 24
... surrender of any Bankrupt , to grant protection , to pass the last examination of any Bankrupt in cases wherein the assignees and creditors do not oppose , to hold and preside at meetings of creditors , to audit and pass accounts of ...
... surrender of any Bankrupt , to grant protection , to pass the last examination of any Bankrupt in cases wherein the assignees and creditors do not oppose , to hold and preside at meetings of creditors , to audit and pass accounts of ...
Page 46
... surrender . Surrender and protection . Petitioner , if in prison , must gaoler . The surrender of the Bankrupt may be received by a Registrar in chambers , and protection granted him , and further time given him to appear again at the ...
... surrender . Surrender and protection . Petitioner , if in prison , must gaoler . The surrender of the Bankrupt may be received by a Registrar in chambers , and protection granted him , and further time given him to appear again at the ...
Page 47
... surrender ; and after such surrender during the incoming to sur- time by this Act limited for such surrender , and if in prison , may for such further time as shall be allowed him for by warrant to be finishing his examination , and for ...
... surrender ; and after such surrender during the incoming to sur- time by this Act limited for such surrender , and if in prison , may for such further time as shall be allowed him for by warrant to be finishing his examination , and for ...
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.