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DEBTORS ACT (IRELAND) 1872

DEBTORS ACT (IRELAND) 1872 - LONG TITLE

An Act for the Abolition of Imprisonment for Debt in Ireland, and
for the Punishment of fraudulent Debtors, and for other purposes
relating thereto.
[6th August 1872]
Preliminary

DEBTORS ACT (IRELAND) 1872 - SECT 1

1. This Act may be cited for all purposes as "The Debtors Act
(Ireland), 1872."

S.3 rep. by 1969 c.30 (NI) s.132 sch.6

DEBTORS ACT (IRELAND) 1872 - SECT 4
Interpretation of terms.

4.... words and expressions defined or explained in the Bankruptcy
(Ireland) Amendment Act, 1872, shall have the same meaning in this
Act.

Part I (ss.510) rep. by SLR 1883; SLR 1893 (No.2); SLR (NI) 1954;
1955 c.21 s.28 sch.; 1962 c.30 s.30(2)(d) sch.4 Pt.IV; 1969 c.30
s.132 sch.6

Punishment of fraudulent debtors.

DEBTORS ACT (IRELAND) 1872 - SECT 11

11.(1) Any person adjudged bankrupt, and any person who shall have
presented a petition for an arrangement with his creditors, in
pursuance of the Irish Bankrupt and Insolvent Act, 1857, as amended
by the Bankruptcy (Ireland) Amendment Act, 1872, shall, in each of
the cases following, be deemed guilty of a misdemeanor, and on
conviction thereof [on indictment], shall be liable [where no other
penalty is expressly mentioned] to be imprisoned for any time not
exceeding two years [or on summary conviction thereof shall be
liable to be imprisoned for any time not exceeding one year]...;
that is to say

(1)If he does not, to the best of his knowledge and belief, fully
and truly discover to the court, or to the assignee or assignees,
or to such person or persons as the court shall from time to time
direct, or to the trustees or trustee (if any) administering his
estate for the benefit of his creditors, all his property, real and
personal, and how, and to whom and for what consideration, and when
he disposed of any part thereof, except such part as has been
disposed of in the ordinary way of his trade (if any), or laid
out in the ordinary expense of his family, unless the jury is
satisfied that he had no intent to defraud:

(2)If he does not deliver up to the assignees or to said trustees
or trustee (if any), or as they or he or the court shall direct,
all such part of his real and personal property as is in his
custody or under his control, and which he is required by law to
deliver up, unless the jury is satisfied that he had no intent to
defraud:

(3)If he does not deliver up to the assignees or to said trustees
or trustee (if any), or as they or the court shall direct, all
books, documents, papers, and writings in his custody or under his
control relating to his property or affairs, unless the jury is
satisfied that he had no intent to defraud:

(4)If after the presentation of a bankruptcy petition by or against
him, or after the presentation of a petition for arrangement by
him, or within [twelve months] next before such presentation
respectively, he conceals any part of his property to the value of
[#120] or upwards, or conceals any debt due to or from him, unless
the jury is satisfied that he had no intent to defraud:

(5)If after the presentation of a bankruptcy petition by or against
him, or after the presentation of a petition for arrangement by
him, or within [twelve months] next before such presentation
respectively, he fraudulently removes any part of his property of
the value of [#120] or upwards:

(6)If he makes any material omission in any statement relating to
his affairs, unless the jury is satisfied that he had no intent to
defraud:

(7)If, knowing or believing that a false debt has been proved by
any person under the bankruptcy or arrangement, he fail for the
period of a month to inform the assignees or one of them, or such
trustees or trustee (if any) thereof:

(8)If after the presentation of a bankruptcy petition by or against
him, or after the presentation of a petition for arrangement by
him, he prevents the production of any book, document, paper, or
writing affecting or relating to his property or affairs unless the
jury is satisfied that he had no intent to conceal the state of
his affairs or to defeat the law:

(9)If after the presentation of a bankruptcy petition against or by
him, or after the presentation of a petition for an arrangement by
him, or within [twelve months] next before such presentation
respectively, he conceals, destroys, mutilates, or falsifies, or is
privy to the concealment, destruction, mutilation, or falsification of
any book or document affecting or relating to his property or
affairs, unless the jury is satisfied that he had no intent to
conceal the state of his affairs or to defeat the law:

<(10)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within [twelve months] next before such presentation respectively, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law:

<(11)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within [twelve months] next before such presentation respectively, he fraudulently parts with, alters, or makes any omission or is privy to the fraudulently parting with, altering, or making any omission, in any document affecting or relating to his property or affairs:

<(12)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or at any meeting of his creditors within [twelve months] next before such presentation respectively, he attempts to account for any part of his property by fictitious losses or expenses:

Paras.(13)(14) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

<(15)If within [twelve months] next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud:

<(16)If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or arrangement.

[(2) Any person guilty of a misdemeanour in the cases mentioned
respectively in paragraphs (13), (14) and (15) of the last foregoing
sub-section shall be liable on conviction on indictment to penal
servitude for any term not exceeding five years....

(3) Where any person pawns, pledges or disposes of any property in
circumstances which amount to a misdemeanour under paragraph (15) of
sub-section (1) of this section, every person who takes in pawn or
pledge or otherwise receives the property knowing it to be pawned,
pledged or disposed of in such circumstances as aforesaid shall be
guilty of a misdemeanour, and on conviction thereof liable [on
conviction on indictment to imprisonment for not more than seven
years or on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding a hundred pounds
or to both].

DEBTORS ACT (IRELAND) 1872 - SECT 12
Penalty for absconding with property.

12. If any person who is adjudged a bankrupt, or has presented a
petition for arrangement after such adjudication or presentation
respectively, or within [six months] before such adjudication or
presentation respectively, quits [Northern Ireland] and takes with
him, or attempts or makes preparation for quitting [Northern Ireland]
and for taking with him, any part of his property to the amount
of [#250] or upwards, which ought by law to be divided amongst his
creditors, he shall (unless the jury is satisfied that he had no
intent to defraud) be guilty of felony, punishable with imprisonment
for a time not exceeding two years,....

DEBTORS ACT (IRELAND) 1872 - SECT 13
Penalty on fraudulently obtaining credit, &c.

13. Any person shall in each of the cases following be deemed
guilty of a misdemeanor, and on conviction thereof shall be liable
to be imprisoned for any time not exceeding one year, ...; that is
to say,

Para.(1) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

(2)If he has with intent to defraud his creditors, or any of them,
made or caused to be made any gift, delivery, or transfer of or
any charge on his property:

(3)If he has, with intent to defraud his creditors, concealed, or
removed any part of his property since or within two months before
the date of any unsatisfied judgment or order for payment of money
obtained against him:

(4)If he has wilfully concealed any real or personal estate of any
bankrupt or arranging debtor, and has not within forty-two days
after the filing of the petition of bankruptcy or for arrangement
discovered such estate to the court or to the assignees or the
trustees or trustee (if any).

S.14 rep. by 1953 c.14 (NI) s.1(2); 1969 c.16 (NI) s.31(2) sch.3
Pt.I

DEBTORS ACT (IRELAND) 1872 - SECT 15
Debts incurred by fraud.

15. Where a debtor makes any arrangement or composition with his
creditors under the provisions of the Irish Bankrupt and Insolvent
Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act,
1872, he shall remain liable for the unpaid balance of any debt
which he incurred or increased, or whereof before the date of the
arrangement or composition he obtained forbearance, by any fraud,
provided the defrauded creditor has not assented to the arrangement
or composition otherwise than by proving his debt and accepting
dividends.

Ss.16, 17 rep. by 1968 c.10 (NI) s.11 sch.; 1968 c.28 (NI) s.14
sch.3

DEBTORS ACT (IRELAND) 1872 - SECT 18
Evidence tending to show absence of guilty intent.

18. ... when any person is charged with any offence before any
justice or justices, such justice or justices shall take into
consideration any evidence adduced before him or them tending to
show that the act charged was not committed with a guilty intent.

S.19 rep. by 1945 c.16 (NI) s.9(3) sch.2. S.20 rep. by 1964 c.14
(NI) s.18 sch. S.21 rep. by 1964 c.21 (NI) s.172 sch.7. S.22 rep.
by 1980 NI4 art.44(2)(b) sch.3