The spirit of the bankrupt laws. Originally compiled by Edward Green, Esq. formerly a Commissioner. Wherein are principally considered, the I. Declaring the party bankrupt. 2. Seizing his Estate, and summoning him to surrender. 3. Receiving Proof of the Debts of his Creditors. 4. Appointing, chusing, and removing Assignees. 5. Selling and conveying the Estate and Effects. 6. The examining and committing the Bankrupt, his Wife, and others. 7. Certifying his Conformity. 8. Dividing the Estate. 9. Ordering bankrupt his allowance, and Overplus. Which are fully discussed and explained, with the Authority and Power of the Commissioners to commit, particularly from the Determinations of Earls Hardwicke, Mansfield, and of the present Judges. Also, precedents, instructions, and a copious index
Jurisdictions, or, The lawful authority of courts leet, courts baron, Court of Marshalseys, Court of Pypowder, and ancient demesn : together with the most necessary learning of tenures, and all their incidents of essoyns, imparlance, view, of all manner of pleadings, of contracts, of the nature of all sorts of actions, of maintenance, of divers other things very profitable for all students of inns of court and chancery, and a most perfect directory for all stewards of any the said courts : with the return and forms of several original and judicial writs now in use, relating to writs of error, writs of false judgment, and other proceedings of frequent use in the courts at Westminster
The modern practice of the High Court of Chancery : methodized and digested in a manner wholly new : interspersed with variety of the most approved and modern forms of practical precedents incidental to every suit in the progress of it, from the original bill to the decree, comprising a system of practical knowledge, according to the course of the Court as at present established
The constitution of England, or, An account of the English government; in which it is compared, both with the republican form of government, and the other monarchies in Europe
Handwritten of title page: By Dr. Woodeson, Ninerian Professor at Oxford.
English short title catalogue,
Contents
Lecture the first: Of the laws of man's nature --- Lecture the second: Of civil, positive, or instituted law --- Lecture the third: Of the several species of magistracy --- Lecture the fourth: Of the law of nations --- Lecture the fifth: Of the laws of England, in a general view, and with respect to the various sources from which they have been derived --- Lecture the sixth: Of the study and profession of the laws of England, with a delineation of the plan pursued in the remaining lectures.
An historical treatise of an action or suit at law : and of the proceedings used in the King's Bench and Common Pleas from the original processes to the judgments in both courts
The English pleader : being a select collection of various precedents of declarations of actions brought in the Courts of King's Bench and Common Pleas at Westminster, in case, debt, covenant, trespass and assault, ejectment, replevin, prohibition, &c. : taken from the Rolls of the treasury of the said courts, and forms settled by counsel and special pleaders, since the commencement of the act of Parliament for the laws being in the English language, and is the only book approv'd of for authentick precedents : to which are added, the forms of pleas and issues both general and special, with replications thereto, and also judgments in both courts on the several actions, and likewise forms and precedents of recoveries and concords of fines with a method of suffering and passing the same
The present practice of the Court of King's Bench : containing ample and complete instructions for commencing and defending the various kinds of suits and actions, entering up judgement, suing out execution, proceeding in error from the King's Bench, Common Pleas, Exchequer Chamber, and Parliament, &c., and calculated not only to guide the attorney in the course of his practice in cases already settled, but also by pointing out the rise and ground of the various proceedings, and the several cases in each already adjudged, to enable him by analogy to conduct any new matters that may occur : containing rules of court down to Michaelmas Term, 1784, and enriched with a number of very curious and special precedents of the various writs, pleadings, entries, &c. in use in the Court of King's Bench : and particularly of declarations, a great number of which are very special, and settled by the most eminent pleaders : to which is added a complete index
Maxims of equity, collected from and proved by cases, out of the books of the best authority in the High Court of Chancery. To which is added, the case of the Earl of Coventry, concerning the defective execution of powers. Lately adjudged in the High Court of Chancery
Printed by E. and R. Nutt, and R. Gosling (assigns of E. Sayer) for H. Lintot,
Date of Publication
1739.
Physical Description
4 preliminary leaves, 72, [14], 20 pages 32 cm
Notes
"The arguments of the Lord Chancellor Macclesfield, the master of the rolls, Mr. Baron Price, and Mr. Baron Gilbert, in the case of the Earl of Coventry, concerning the defective execution of powers. Die sabbati 16 ÌŠmaii 1724, Countess Dowager of Coventry, against the Earl of Coventry & al.'": [2], 20 p. at end.
An essay on the learning respecting the creation and execution of powers : and also respecting the nature and effect of leasing powers in which the doctrine of the judgment delivered by the Court of King's bench, in the case of Pugh and the Duke of Leeds, and the principal authorities for and against it, are considered