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" ... the proving or claiming a debt under a commission by any creditor shall be deemed an election by such creditor to take the benefit of such commission with respect to the debt so proved or claimed : provided that such creditor shall not be liable to... "
Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ... - Page 172
by Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - 1827
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A Digested Abridgment, and Comparative View, of the ..., Volume 2, Part 2

Joseph Gabbett - 1812 - 590 pages
...all benefit from the same ; and the proving or so claiming a debt under a. commission of bankrupt, shall be deemed an election by such creditor to take...such commission with respect to the debt so proved or claimed by him : Provided that such creditor shall not be liable to the payment to the bankrupt,...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 pages
...claiming a debt under a commission, by any creditor, shall be deemed an election by such creditor, tp take the benefit of such commission with respect to the debt so proved or claimed by him; provided always, that such creditor shall not be liable to the payment, to the bankrupt...
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The Origin, Progress, and Present Practice of the Bankrupt Law ..., Volume 1

Edward Christian - 1812 - 398 pages
...without relinquishing the action or suit; and the proof or claim of a debt shall be deemed an election to take the benefit of such commission with respect to the debt proved or claimed. These last words may be considered a repeal of this section. See more cases upon...
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The Origin, Progress, and Present Practice of the Bankrupt Law ..., Volume 2

Edward Christian - 1814 - 838 pages
...after payment that no proof ought to have >een made, I should think that they might recoverth? tor to take the benefit of such commission with respect to the debt so proved or claimed by him. Provided always that such creditor shall not be liable to the payment to the bankrupt...
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Cases in Bankruptcy, Volume 2

Sir George Rose - 1816 - 542 pages
...out of the Creditor's proving his Debt under the Commission : it shall be deemed an Election by him to take the Benefit of such Commission, with Respect to the Debt so proved. Election, here, imports that he renounces his other Rights for the Sake of that which he elects. LB...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

1816 - 644 pages
...and the statute says, now that he has proved under the commission, he shall be deemed to have elected to take the benefit of such commission with respect to the debt proved ; ie to come in pari passu with the rest of the creditors. The statute meant to take away the...
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An Abridgment of the Law of Nisi Prius, Volume 1

William Selwyn - 1817 - 728 pages
...claiming a debt under a commission, " by any creditor, shall be deemed an election by such credi" tor, to take the benefit of such commission with respect to " the debt so proved or claimed by him ; provided always, " that such creditor shall not be liable to the payment, to the...
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A Treatise on the Principles and Practice of the High Court of ..., Volume 2

Henry Maddock - 1817 - 440 pages
...all benefit from the same; and that the proving or so claiming a debt, shall be deemed an election to take the benefit of such commission, with respect to the debt so proved or claimed by him ; but it is provided, that such creditor shall not be liable to the payment to the...
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The Origin, Progress, and Present Practice of the Bankrupt Law ..., Volume 2

Edward Christian - 1818 - 696 pages
...relinquishing such action or suit, and all benefit from the same ; and that the proving or so claiming a debt under a commission of bankrupt by any creditor...such commission with respect to the debt so proved or claimed by him. Provided always that such creditor shall not be liable to the payment to the bankrupt...
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The Practice of the Courts of King's Bench and Common Pleas in ..., Volume 1

William Tidd - 1821 - 820 pages
...claiming a debt under a " commission of bankrupt, by any creditor, shall be deemed an elec".tionby such creditor, to take the benefit of such commission, with *' -respect to the debt so proved or claimed by him!" This statute however has only a prospective operation : and therefore where a creditor...
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