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The Law of the Office and Duties of the Sheriff; With the Writs and Forms Relating to the Office

The Law of the Office and Duties of the Sheriff; With the Writs and Forms Relating to the Office


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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. 1879 Excerpt: ...32 & 33 Vict. c. 83, s. 20. On the 27th of March, 1861, A. B., being then a trader, committed an act of bankruptcy by a fraudulent conveyance of all his goods; on the 11th of October his landlord levied a distress for four years' arrears of rent; on the same day the 24 & 25 Vict. c. 134 (-), came into operation, and on the 17th of October, A. B., being then a non-trader, was adjudicated a bankrupt upon his own petition, under the 75th section of that Act. The 129th No dissection of 12 & 13 Vict. c. 106, enacted that no distress renst8tr for rent made and levied after an act of bankruptcy, avail for whether before or after the issuing of the fiat, or the filing onryearg of the petition for adjudication of bankruptcy, should be rent, available for more than one year's rout accrued prior to the date of the fiat or filing of the petition. In this case, it was held, that, in order to bring the case within that section, the act of bankruptcy must be one to which the title of the assignees could relate; that no such relation existed to the act of bankruptcy of the 27th of March; Difference letween the two sections. Ground landlord not within statute of Anne. Landlord may recover year's rent from sheriff. and that, therefore, the landlord was entitled to retain the four years rent against the assignees (/). Though the 12 & 13 Vict. c. 106, has been repealed, a similar enactment to the 129th section of that Act has been inserted in the Bankruptcy Act, 1869, s. 34 (a). The distinction between the two sections seems to be, that, as in Paull v. Best, the 129th section of the 12 & 13 Vict. c. 106, was held not to relate back to any act of bankruptcy prior to that on which the adjudication was founded, so as to disentitle the landlord to distrain...


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Product Details
  • ISBN-13: 9781130613933
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 176
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1130613933
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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