Reports of Bankruptcy and Company Cases Decided in the High Court of Justice Volume 13 download pdf

Reports of Bankruptcy and Company Cases Decided in the High Court of Justice Volume 13 download pdf

Reports of Bankruptcy and Company Cases Decided in the High Court of Justice Volume 13 by Books Group

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Author: Books Group
Page Count: 164 pages
Published Date: 01 Oct 2012
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781235273230
File size: 23 Mb
File Name: Reports.of.Bankruptcy.and.Company.Cases.Decided.in.the.High.Court.of.Justice.Volume.13.pdf
Download Link: Reports of Bankruptcy and Company Cases Decided in the High Court of Justice Volume 13
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...the date of the administration order is limited, but there is no such provision with regard to a debt incurred subsequently. The effect of that is to cut down the provisions of sub-section 5 of section 122. In In rc Frank 1898 (1), it was held that a County Court Judge has no power under subsection 5 to give a creditor bound by the order leave to levy execution as long as the administration order is in existence, and the effect of that decision is to prevent any one creditor getting an advantage over the other creditors without having the administration order set aside. If the construction which has been put upon sub-section 5 by the Divisional Court is right, then the appellant is in a worse position than he would be if he came in under subsection 12. Under rule 7 of the Eules of 1908 no administration order is to be made under which the payment of instalments would, without default, extend over more than six years, but the effect of the order now appealed from is to extend the administration order beyond the period mentioned in tbat rule. The County Court Judge here treated the appellant's only remedy as being that provided by sub-section 12 of section 122, but that is not a correct view of the appellant's rights. No counsel appeared for the respondent. Cur. adv. vult. 22 June. Cozens-habdy, J., read the following judgment: In order to appreciate the points raised in this appeal, it is necessary to consider in what respects an administration order under section 122 of the Bankruptcy Act, 1888, differs from an adjudication in bankruptcy under the general provisions of the Act. In the first place, an administration order does not divest the property of the debtor. It leaves him master of his small property, both present and future. But...

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