A Sketch of the Doctrine Relative to Commitments in BankruptcyRichard Pheney, 1827 - 115 pages |
Other editions - View all
A Sketch of the Doctrine Relative to Commitments in Bankruptcy John Beames No preview available - 2020 |
A Sketch of the Doctrine Relative to Commitments in Bankruptcy John Beames No preview available - 2017 |
A Sketch of the Doctrine Relative to Commitments in Bankruptcy John Beames No preview available - 2016 |
Common terms and phrases
36th section act of bankruptcy act of parliament action of trespass advert answer a question appear applied apprehend assignees authorised bank bankrupt law Barn Blackst bound to answer class of persons clause commission commissioners of bankrupt concealed considered court of King's courts of equity creditors Cres crime Crowley's decided discharge discovery doctrine Doswell estate and effects ex parte Meymott examine the bankrupt false imprisonment felony fully answering ground of commitment habeas corpus Impey instance interrogatories judge justice King's Bench lawful questions put legislature liable lord chancellor Lord Eldon Lord Hardwicke Lord Mansfield ment Miller's missioners mitment Nowlan's observes opinion party penalty petition power of commitment power of examining principle prison ques refused to answer respect rule rupt satisfaction satisfactory says Lord seems shew sioners Swanst swer sworn tendency to criminate tion ubi supra Vide warrant of commitment witness word lawful writ of habeas
Popular passages
Page 66 - ... that a witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself...
Page 12 - ... any person known or suspected to have any of the estate of the bankrupt in his possession, or who is supposed to be indebted to the bankrupt, or any person whom the commissioners believe capable of giving information concerning the person, trade, dealings, or estate of such bankrupt...
Page 5 - Now the promise made by the assignees in this case, which was the consideration of the defendant's promise, was not in their power to perform; because the commissioners had nevertheless a right to examine the bankrupt. And no collusion of the assignees could deprive the creditors of the right of examination, which the commissioners would procure them.
Page 68 - ... either by word of mouth or on interrogatories in writing, touching all matters relating to his trade, dealings, or estate, or which may tend to disclose any secret grant, conveyance, or concealment of his lands, tenements, goods, money, or debts, and to reduce his answers into writing, which examination so reduced into writing the said bankrupt shall sign and subscribe...
Page 5 - ... because the commissioners had nevertheless a right to examine the bankrupt. And no collusion of the assignees could deprive the creditors of the right of examination, which the commissioners would procure them. The assignees did not stipulate only for their own acts, but also that the commissioners should forbear to examine the bankrupt; but clearly they had no right to tie up the hands of the commissioners by any such agreement.
Page 92 - ... The general rule of law as to actions of trespass against persons having a limited authority (and commissioners of bankrupt are such persons,) is plain and clear. If they do any act beyond the limit of their authority, they thereby subject themselves to an action of trespass : but if the act done be within the limit of their authority, although it may be done through an erroneous or mistaken judgment, they are not thereby liable to such action.
Page 51 - I conceive that there is no doubt that it is one of the most sacred principles in the law of this country, that no man can be called on to criminate himself, if he choose to object to it...
Page 57 - ... is at liberty to protect himself against answering, not only the direct question, whether he did what was illegal ; but also every question, fairly appearing to be put with a view of drawing from him an answer, containing nothing to affect him, except...
Page 1 - ... commissioners, or the major part of them, as well by word of mouth as by interrogatories in writing, or shall refuse to sign and subscribe...
Page 78 - Commitment, inspect and consider the whole of the Examination of such Party, whereof any such Question was a Part ; and if it shall appear from the whole Examination that the Answer or Answers of the Party committed is or are satisfactory, *uch Court or Judge shall and may order the Party so committed to be discharged.