August 12, 2008

Creditors’ Relief Legislation: A New Approach (1979)

Keywords: creditor; relief; judgment; execution; priority; distribution; proceeds; bankruptcy; recovery; attachment; enforcement; debtor; debt; sale; sheriff; Creditors Relief Act This project examines the Creditors Relief Act, which was enacted to provide for the equal distribution among creditors of a debtor’s property realized on enforcement.

August 11, 2008

Execution Against Land (1978)

Keywords: execution; land; real; property; enforcement; creditor; homestead; registration; joint tenancy; mortgage; title; unsecured; debtor; interest; possession; redemption; judgment; charge; third party; joint tenant; sale; partition; security; prejudgment This project examined the Execution Act, which provided a scheme whereby a judgment creditor could proceed against an interest in land belonging Read more…

Attachment of Debts Act (1978)

Keywords: attachment; debtor; creditor; debt; remedy; garnishment; court; order; enforcement; judgment; prejudgment; pre-judgment; postjudgment; post-judgment; accruing; due; Attachment of Debts Act; exemption; payment; bank account; fund; jurisdiction; writ The Attachment of Debts Act provided a remedy for creditors whereby execution proceedings could be taken against a certain type of asset: Read more…

The Replevin Act (1978)

Keywords: replevin; recovery; goods; personal; property; chattel; rent; distress; wrongful; detention; Replevin Act; relief; interim; summons; procedure; sheriff; power; repeal The Replevin Act permitted the speedy recovery of personal property that had been wrongfully withheld from a person entitled to possession. This project undertook a review of the Act and Read more…

The Absconding Debtors Act and Bail Act: Two Obsolete Acts (1977)

Keywords: absconding; debtor; bail; attachment; fraudulent; creditor; Absconding Debtors Act; Bail Act Both the Absconding Debtors Act and the Bail Act were products of an old civil procedure that was abolished many years ago. This short project examined both Acts and recommended their repeal.