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The Pamphlet Collection of Sir Robert Stout: Volume 43

Index

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Index

Action At Law.
Plea of composition, 23
Effect of default, 23
Effect of judgment on plea, 24
Adjudication.
None necessary, 2
Attachment.
Creditor having, cannot vote, 10
Not dissolved, 18
Not revested by composition, 18
Attorney.
May vote, 9
Computation of Votes.
Creditors whose claims are under $50, 9
Secured creditors, 9
Workmen, 10
Minor, 10
On confirmation, 11
Confirmation.
No second meeting for, 10
Reasonable time for, 10
Computation on, 11
Should be reported, 11
Creditors.
May petition for meeting, 3
Notice to, of meeting, 3
Examine debtor, 6
Vote on resolution, 8
Meaning of term, 8
Must prove claim to vote, 8
Feme covert, 8
May buy up claims, 9
What number requisite to adopt resolution, 9
Whose debts under $50, 9
Secured, 9page 44
Workmen, 10
What number requisite to confirm, 10
Notice to show cause against recording, 11
Examine debtor at hearing for recording, 12
Object to recording, 13
Must act in good faith, 14
Correct statement, 16
Pass additional resolution, 16
Who bound by resolution, 17
Where debt not stated accurately, 17
Where claim is disputed, 18
Bound when he proves his claim, 18
Rights of secured, 18
Rights against surety, 19
Need not prove debt to receive composition, 19
Effect of default in payment of composition, 20
May enforce composition, 21
May be restrained from suing, 21
Sue at law after default, 23
Effect of judgment on plea of composition, 24
Examination of Debtor.
May be made at meeting, 6
By any creditor, 6
Must be completed before vote, 6
Adjournment to complete, 6
Must be in good faith, 7
To what limited, 7
Production of books, 7
Examination of books by experts, 7
Mode of conducting, 7
Cross-examination, 7
Reduced to writing, 8
Must be signed, 8
Must be sworn to, 8
Constitutes part of statement, 4
Transmitted to court, 11
On hearing for recording, 11
Injunction.
Creditor may be enjoined, 21
None where controversy between debtor and creditor, 22
None in case of negligence, 22
In case of default, 23
Where creditor estopped, 23
Instalments.
Payment in, 5page 45
Effect of failure to pay, 20
Resolution not enforced after failure to pay, 22
Action on original debt after failure to pay, 23
Meeting.
Petition for, 3
Notice of, 3
Register to preside at, 4
Debtor must be present, 4
Production of statement at, 4
Proposition of compromise, 5
Examination of debtor, 6
Vote at, 8
Confirmation need not be at, 10
No second, to confirm, 10
For correction of statement, 16
To pass additional resolution, 16
When called anew, 16
Notice.
Of meeting to creditors, 3
Of meeting, by whom sent, 3
Of meeting, what to contain, 3
Of meeting, length of, 3
Of meeting, how sent, 3
Of meeting, evidence of sending, 3
To show cause as to recording, 11
To show cause, length of, 11
To show cause, by whom sent, 11
Of meeting to correct mistake, 16
Of meeting for additional resolution, 17
Opposition to Recording.
Secured creditor cannot make, 12
Grounds for, 12
Irregularity in proceedings, 12
Presumption in favor of resolution, 13
Resolution must be in good faith, 13
Where no available assets, 14
Nominal payment unsecured, 14
To defeat judgment, 14
Purchase of claims by debtor, 14
When for best interest, 15
No amendment of resolution, 16
Order for Meeting.
Who may make, 3page 46
Pendency of Case.
Case in bankruptcy must be pending, 1
Defects not affecting jurisdiction, 2
From what time pending, 2
No adjudication necessary, 2
Petition for Meeting.
Who may file, 2
Must be verified, 3
Averments in, 3
Need not set forth proposition, 3
Power of Attorney.
When necessary, 8
Proof of Debt.
Should be made, 8
Not anew by petitioning creditor, 8
Objection to at hearing, 12
Proposition of Compromise.
Who may make, 2
By corporation, 2
By one of several debtors, 2
By partnership, 2
Need not be set out in petitior, 3
Arrangement of terms, 5
Must provide for payment in money, 5
Provision for priority creditors, 5
Securing by notes, 5
Payment in installments, 5
Provision for mode of payment, 5
Security by endorsement, 5
Trustee to pay money, 5
Provision for control of property, 5
Register.
May order meeting, 3
May be ordered to give 3
Preside of meeting, 4
Decide questions, 4
Decide who are entitled to vote, 8
Must keep a docket, 11
Need not send memoranda, 11
Reduce proceedings to writing, 11
Report the proceedings, 11
Express his opinion on proceedings, 11
Pass upon confirmation, 11
Reference of issue to, 12page 47
Report.
Register must make, 11
What should be transmitted, 11
Resolution.
How adopted, 8
Computation for adoption, Confirmation, 9
Computation on confirmation, 10
To be reported, 11
Opposition to recording. 11
Grounds for opposition to, 12
Must be made in good faith, 12
Mere nominal composition, 13
Effect of purchase of votes, 14
Comparison with assets, 14
Not varied by court, 15
New, when set aside, 16
Not anew, when creditors reject, 16
Additional to add or vary, 16
Effect of additional, 16
May be vacated for fraud, 17
Who bound by, 17
Not bind creditor whose name is omitted, 17
Effect of inaccurate statement, 17
Disputed claim not bound, 18
Binds creditor who proves, 18
Not affect security, 18
Not dissolve attachment, 18
Not discharge surety or co-debtor, 19
Effect of failure to pay within time. Creditor may enforce, 20
Debtor may enforce, 21
May be pleaded, 21
Effect of judgment on plea of, 23
Secured Creditors.
Cannot vote, 9
Who are, 10
Workmen, 10
Cannot oppose recording, 12
Security not affected, 18
Statement.
Debtor must produce at meeting, 4
When debtor is absent, 4
Sworn schedules, 4
Examination, 4page 48
Of promissory note or bill of exchange, 4
Alteration of 4
Vote.
Creditor must prove before he can, 8
Minor cannot, 8
Feme covert cannot, 8
In case of partnership, 9
Creditor may purchase claims, 9
Power of attorney, 9
Mode of computing, 9

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