Bankruptcy Appeals: Reports of Cases in Bankruptcy Heard and Determined by the Lord Chancellor, and the Court of Appeal in Chancery [1859 - 1860], Part 1; Part 81

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Page 39 - Balance due , and that all Disputes arising in such Matters concerning any such Amount shall upon Application duly made in that...
Page 38 - That every deed or memorandum of arrangement now or hereafter entered into between any such trader and his creditors, and signed by or on behalf of six-sevenths in number and value of those creditors whose debts amount to 101.
Page 38 - ... after the execution thereof by such trader, in case such trader reside in London, or within forty miles thereof, in the London Gazette, and also in two London daily newspapers ; and in case such trader does not reside within forty miles of London, then in the London Gazette, and also in one London daily newspaper, and one provincial newspaper, published near to such trader's residence; and such notice shall contain the date and execution of such deed, and the name and place of abode respectively...
Page 47 - ... with his Petition was wilfully untrue, so far as concerned the Assets ready to be produced by him, or that he has not made a full Disclosure of his Debts and Credits, Estate and Effects, and is not desirous of making a bond fide Arrangement with all his Creditors, or that his Proposal to that Effect is not reasonable and proper to be executed under the Direction of the Court...
Page 38 - And be it enacted, that where any such trader shall, after this act shall have come into effect, execute any conveyance or assignment, by deed, to a trustee or trustees, of all his estate and effects for the benefit of all the creditors of such trader, the execution of such deed shall not be deemed an act of bankruptcy...
Page 16 - If the bankrupt shall, during his trading, have wilfully and with intent to conceal the true state of his affairs, have omitted to keep proper books of account...
Page 34 - The question for the decision of the court is, whether or not a deed of assignment which the alleged bankrupt has made to certain trustees is an act of bankruptcy, or whether anything which has occurred since in respect of the arrangement which was incepted by the, deed, when taken in connection therewith, amounts to an act of bankruptcy Now, first as regards the deed.
Page 84 - That the Court of Bankruptcy shall continue to be a Court of Law and Equity for the Purposes of this Act, and shall continue to be a Court of Record, and the Records and Proceedings of every Kind at the Commencement of this Act in the said Court in London, and in the several Districts in the Country, shall be kept as such Records and Proceedings in like Manner in the Court so continued, and the said Court and every Commissioner thereof shall have and use all the Powers, Rights, Incidents, and Privileges...
Page 39 - ... the court within the district of which the trader shall have resided or carried on business for six months next immediately preceding his suspension of payment, to make such order or certificate on the petition of any such trader, and to exercise jurisdiction in and over the matters of any such application; and no creditor who shall not have had fourteen days' notice of any intended application for such order or certificate as aforesaid, shall be bound thereby.

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