The Law reports [of the Incorporated Council of Law Reporting] Volume 10; Equity cases, including bankruptcy cases, before the master of the rolls, ... and the chief judge in bankruptcy Book PDF, ePub eBook

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Book Descriptions:
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...is not less plainly my duty in construing the statute to give a full and fair interpretation of its terms, and not to be diverted from that course of proceeding by any supposed ambiguity, or by any cavil which may be raised by means of a verbal criticism of its provisions. Then, how does this case stand upon the statute? The 7th division of the 125th section prescribes that in liquidation a trustee shall have the same powers as a trustee in bankruptcy, that the property of the debtor shall be distributed in the same manner as in a bankruptcy, that all the provisions of the Act shall apply to the case of liquidation by arrangement in the same manner as if the word "bankrupt" included a debtor whose affairs are under liquidation, and the word-" bankruptcy" included liquidation by arrangement, and that the appointment of a trustee under a liquidation shall, according to circumstances, be deemed to be equivalent to and a substitute for the presentation of a petition of bankruptcy, or the service of such petition, or an order of adjudication in bankruptcy. Laying aside all considerations appertaining to the law of relation in bankruptcy (on which I do not think it necessary or expedient now to pronounce any opinion), it seems that a trustee having been appointed, and the date of his appointment being the commencement of the liquidation (the period at which the property vests in him) and of the same force and effect as if an order of adjudication in bankruptcy had on that day been made, it cannot be questioned that any execution levied on such property would be ineffectual against the trustee unless it is protected by some provision of the statute. The only protection applicable in this case is to be found in the 3d division of the 95th sectio...

The Law reports [of the Incorporated Council of Law Reporting] Volume 10; Equity cases, including bankruptcy cases, before the master of the rolls, ... and the chief judge in bankruptcy by Great Britain. Court of Chancery

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