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ANNULMENT―continued.

property to vest in such person as Court appoints, or revert to
debtor, 101.

consequences of, 102, 103.

claim barred by Statute of Limitations during bankruptcy continues

barred after, 103.

time for appeal from refusal of, 103.

order of, 416.

APPEAL,

to Court of Appeal by any person aggrieved, 309.
who is and is not a person aggrieved, 311.

from County Court to Court of Appeal, 309.

from High Court to Court of Appeal, 309.

by leave of Court of Appeal, to House of Lords, 309.
when such leave will be given, 312.

in interpleader, whether any, quære, 310.

new or inconsistent case must not be raised on, 311.
consequence of non-appearance of appellant, 311.
evidence in Court of Appeal, 312, 314.

rules as to appeals to Court of Appeal, 312—315, 404.
Ord. LVIII. of R. S. C. 1883, to apply, 312, 406.
rehearing, 310.

restrictions on, to Court of Appeal, 404.

from Board of Trade to High Court, 337.

from official receiver to Court, 376.

from trustee to Court, 290.

costs of, to Court of Appeal, 313.

security for costs, 405.

notice of, time for delivery of, 405.

time for, to Court of Appeal, twenty-one days, 404.

to Court from Board of Trade or official receiver, twenty-one
days, 337.

from rejection of proof by trustee, twenty-one days, 418.

from Board of Trade must be heard in Court, 380.

against rejection, &c. of a proof, where proof exceeds 2007. must be

heard in Court, 381.

lessor cannot, after disclaimer executed, 257.

entry of, 314.

cross appeal, 313.

appeal no stay of execution or proceedings unless so ordered, 315,

APPLICATION,

to Court to be by motion, 386.

notice of, and service, 387.

by trustee for directions, 289, 290.

by official receiver to Court, and for directions, 434.

APPLICATION-continued.

what will be heard in Court, 380.

ex parte, and on notice, 386, 387.
adjournment of, 387.

for leave to serve short notice of motion, ex parte, 387.

See AFFIDAVITS.

APPRENTICE,

preferential claim of, 155, 156.

APPROPRIATION,

specific, 169-176.

of property in hands of appropriatee, 170.

of property in hands of agent of bankrupt, 170.

contract for, 171.

what does not constitute an equitable assignment, 171.

a cheque is not an, 172.

where no antecedent contract for, 172.

of property in the possession of the bankrupt, 173.

rule in Ex p. Waring, 173-176,

whether rule applies where property appropriated insufficient
to meet debt, quære, 175, 176.

See PROPERTY.

ARBITRATION,

power of trustee to refer disputes to, with leave of committee of
inspection, 264.

effect of submission to, without such sanction, 267.

position of trustee where bankruptcy happens before award, 267.
ARRANGEMENT,

scheme of, power to creditors to accept, 55, 68. See COMPOSITION.
pending liquidation by, under Act of 1869..356.

ARREST,

of debtor under certain circumstances, 74, 75, 541.

payment or composition or security given after such arrest a fraudu
lent preference, 75.

action for malicious, 76.

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ASSIGNMENT,

of debtor's property when an act of bankruptcy, 6 et seq. See ACT OF
BANKRUPTCY.

fraudulent, 231. See FRAUDULENT PREFERENCE.

equitable, 171 et seq.

of after-acquired property void except as against grantor, 215, 218.
separate, of growing crops and fixtures, 217. See BILL OF SALE
ACTS.

by trustee of lease to a pauper relieves him of liability, 254, 261.

ATTACHMENT OF DEBT,

when it makes creditor secured, 219.

creditor must complete, by receipt of debt before receiving order and
before notice of presentation of a petition or commission of an
available act of bankruptcy, 219. See EXECUTION.

AUCTION,

sale for more than 207. including expenses to be by public, 223, 341.
sale of security by, 366.

trustee may sell bankrupt's property by, 261.

AUCTIONEER,

scale of costs to, 586.

where contract for higher percentage than that in scale, 395.

AUDIENCE,

existing rights of, saved, 343.

AUDIT,

by Board of Trade of special manager's accounts, 50.

of official receiver's accounts, 276.

of trustee's accounts, 282.

by direction of Treasury of Board of Trade's accounts, 334.

AVAILABLE,

act of bankruptcy, definition of, 352.

AWARD,

before bankruptcy, proof on, allowed, 109.

effect of, where committee of inspection have not sanctioned arbitra-
tion, 267.

position of trustee where bankruptcy happens before, 267.

BANK,

authority by Board of Trade on application by committee of inspec-
tion to trustee to pay into local, 280, 435. See LOCAL BANK.
of England, payments into and out of, and account at, 280, 281.
trustee not to pay in to private account with, 281.

liability of trustee retaining more than 507., 280, 281.

BANKER,

trust money in hands of, when it may be followed, 166.

cheque on, does not amount to an equitable assignment, 172.
bills remitted to, 177.

short bills, position of, with regard to, 177.

money paid to, for specific purpose, 178.

lien of, 179.

not delivering up property of bankrupt guilty of contempt of Court,
245.

BANKRUPT,

who may and may not be made,

alien and foreigner, 3, 33, 34.

infant, 4.

married woman, 4.

husband for debts of wife dum sola, 5.

lunatic, 5, 342.

clergyman, 6.

companies, 6.

partners, 6, 25, 312, 424.

convict, 6.

debtor must be domiciled in England, or within a year before pre-
sentation of petition have ordinarily resided, or had a dwelling-
house or place of business in England, 33.

must aid in realization of his property, 78.

discharge of, 81. See DISCHARGE.

after-acquired property of, conditions as to, 83.

conduct of, 83.

undischarged, obtaining credit, guilty of a misdemeanor, 98.

second bankruptcy of undischarged, 189.

management of business by, with sanction of committee of inspec
tion, 270.

trade may be carried on by, 270, 271.

rights of subsequent creditors, 271.

allowance to, 271.

books, deeds, documents of, trustee to take possession of, 244.
property of, 163. See PROPERTY.

goods in reputed ownership of, pass to trustee, 195 et seq.
REPUTED OWNERSHIP.

order to pay to trustee salary or income of, 248.

See

personal earnings of, after commencement of bankruptcy, 186, 187.
sequestration of ecclesiastical benefice of, 246.

right of, to surplus, 271.

may apply to Court to confirm, reverse, or modify trustee's decision,
290.

sale of his property may be to, 263.

joint contractor with, 320.

BANKRUPT-continued.

inspection of trustee's accounts by, 283.
punishment of fraudulent, 351, 352.
disqualifications of, 98.

vacates seat in House of Commons, 99.
vacates municipal and other offices, 100.
See DEBTOR.

BANKRUPTCY,

acts of, 6. See ACT OF BANKRUPTCY.

or liquidation existing under Act of 1869..348, 355.
commencement of, 160. See COMMENCEMENT OF BANKRUPTCY.
notice, 24. See BANKRUPTCY NOTICE.

small, 324. See SMALL BANKRUPTCY.

does not revoke devise of real property, 272.

proceedings in, not invalidated by formal defects, 339, 438.
effect of, on rights of execution creditors, 219.

on voluntary settlements, 224, 225.

bond fide transactions without notice not invalidated by, 239.
what contracts determined by, 185, 186.

foreign, effect of proving under, 121, 373.

BANKRUPTCY DISQUALIFICATION ACT,
sects. 6, 7, and 8..611.

rest repealed, 377.

BANKRUPTCY ESTATES ACCOUNT,

payments to be made into and out of, 279, 280.

BANKRUPTCY NOTICE,

non-compliance with, an act of bankruptcy, 24. See ACT OF BANK-

RUPTCY.

may be served where creditor has obtained final judgment, execution
not having been stayed, 24, 25.

against partnership, 25.

debtor must within seven days of service, if service made in England,

or if not, within time allowed, comply with notice or satisfy the
Court that he has a set-off, which he could not have set up in the
action, 24, 26,

by filing an affidavit which operates as an application to set aside
the notice, 26.

rules as to, 406, 407.

no receiving order till after notice to set aside heard or during a stay
of proceedings on notice, 414.

setting aside, 407.

apparently substituted for debtor's summons, 24.

whether it may be served by person on whom the judgment has
devolved, 25.

W.B.

X X

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