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IRISH BANKRUPT AND INSOLVENT ACT 1857 IRISH BANKRUPT AND INSOLVENT ACT 1857 - LONG TITLE An Act to consolidate and amend the Laws relating to Bankruptcy and Insolvency in Ireland.{1} [25th August 1857] Preamble rep. by SLR 1892 S.1 (discontinuance of existing Courts of Bankruptcy and Insolvency) and s.2 rep. by SLR 1875 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 3 Short title. 3. This Act may be cited for all purposes as "The Irish Bankrupt and Insolvent Act, 1857." And with respect to the definition and explanation of terms: IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 4 Interpretation. 4. The terms and words herein-after enumerated, wheresoever occurring in this Act, shall be understood as herein-after defined or explained, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such definition or explanation; (that is to say,) Definition rep. by 1980 NI 4 art.44(2)(b) sch.3 ["The Court" shall mean the High Court of Justice in Northern Ireland;] "Annulling" shall mean also superseding; Definition rep. by SLR 1892 "Person" shall include body corporate ...; Definition rep. by 1980 NI 4 art.44(2)(b) sch.3 "Assignees" shall mean the assignees of the estate and effects of the bankrupt ..., and shall include the official [assignee] and creditors assignees; ["Bankruptcy rules" means rules made under Article 33 of the Bankruptcy Amendment (Northern Ireland) Order 1980;] ["Official assignee" means the Official Assignee for bankruptcy for Northern Ireland appointed under Article 3 of the Bankruptcy Amendment (Northern Ireland) Order 1980; "Statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;] Definition rep. by SLR 1892 ["Bank of Ireland" shall include all branches thereof;] "Petition of bankruptcy" shall mean petition for adjudication of bankruptcy; "Plaintiff" shall include "petitioner"; "Suit" shall include action at law and suit in equity or other proceeding; "Bankrupt" shall mean any person who ... shall have been adjudged by the Court to be a bankrupt; Definitions rep. by 1953 c.18 (NI) s.45; 1980 NI 4 art.44(2)(b) sch.3 "Petitioning creditor" shall mean the creditor who files the petition for adjudication of bankruptcy, ...; "Registrar" shall include the [Master (Bankruptcy)]; "Creditor" shall mean also any two or more persons being partners, and incorporated ... companies; "Gazette" shall signify [Belfast Gazette]; "United Kingdom" shall mean the United Kingdom of Great Britain and Ireland: Words importing the singular number only shall be understood to include bodies corporate as well as individuals. Ss.5, 6 rep. by SLR 1892. S.7 rep. by SLR 1875 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 8 Construction of former Acts, &c. as to any commission of bankrupt. 8. Wherever in any Act of Parliament or otherwise mention shall have been made of any commission of bankrupt, it shall be construed with reference to the proceedings under a petition of bankruptcy, as if such commission had been actually issued at the time of filing such petition. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 9 Computation of time. 9. When any limited time from or after any date or event is appointed or allowed for doing any act or taking any proceeding, the computation of such limited time is not to include the day of such date or of the happening of such event, but is to commence at the beginning of the next following day; and the act or proceeding is to be done or taken at the latest on the last day of such limited time according to such computation. S.10 subst. by SRO (NI) 1970/163 which was revoked by SR 1980/346. Ss.1123 rep. by SLR 1875; SLR 1893; 1897 c.66 s.16 sch.; 1978 c.23 s.122(2) sch.7 Pt.I Jurisdiction of Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 24 24. The Court shall have original jurisdiction, superintendence, and control in all matters of bankruptcy ..., and shall have authority to take such order and direction with the estate and effects of each bankrupt ..., as herein-after expressed, and also shall hear, determine, and make order in any matter of bankruptcy ... whatever, so far as the assignees are concerned, relating to the estate and effects of the bankrupt ..., or of any estate or effects taken and claimed by the assignees for the benefit of the creditors, or relating to any acts done or sought to be done by the assignees in their character of assignees, and also in any matter of bankruptcy ... whatever as between the assignees and any creditor or other person appearing and submitting to the jurisdiction of the Court, [and also in any application for a certificate of conformity], and in any other matter where the Court by virtue of this Act has jurisdiction, save and except as may be by this Act otherwise specially provided. Ss.2529 rep. by SLR 1893; 1969 c.30 (NI) s.132 sch.6; 1978 c.23 s.122(2) sch.7 Pt.I IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 30 No appeal from certain orders of the Court. 30. No appeal shall lie from any order of the Court ... for the [rejection] or removal of creditors assignees, or from any order on any question relating only to the practice of the Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 31 Exclusive jurisdiction over debtors in Ireland. 31. The Court shall have exclusive jurisdiction in bankruptcy over all [debtors] residing or carrying on business exclusively in Ireland. Ss.32, 33 rep. by SLR 1893 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 34 Appeal to the House of Lords. 34. All orders of the said Court of Appeal on proceedings under this Act, save orders relating to the [final] examination or the [certificate of conformity] [discharge] of any bankrupt, dismissing any petition for adjudication or arrangement, granting protection to any [debtor], or any question of practice only, shall be subject to appeal to the House of Lords, in like manner and subject to the same conditions as any other appeals from the orders of the said Court. Ss.3559 rep. by 1872 c.58 s.5 sch.(A); SLR 1875; 1881 c.23 s.2; SLR 1893; 1978 c.23 s.122(2) sch.7 Pt.I; 1980 NI 4 art.44(2)(b) sch.3 Duties of official assignee. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 60 60. [The official assignee shall be assignee] of each bankrupt's ... estate and effects, and act with the assignee (if any) chosen by the creditors; but the real and personal estate and effects of every bankrupt ..., and the income and proceeds thereof, shall be possessed and received by the [official assignee alone], ...[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 61 Money, &c. to be paid by assignees into the Bank of Ireland, &c. 61. All stock in the public funds or of any public company, and all moneys, Exchequer bills, India bonds, or other public securities, and all bills, notes, and other negotiable instruments belonging to the bankrupt's or insolvent's estate, shall be forthwith transferred, delivered, and paid by such official assignees into the Bank of Ireland, and shall from time to time be kept there to the credit of the official assignees and of the creditors assignee, or (if any) subject to such order and regulation for the keeping of the account of the said moneys and other effects, and for the payment, delivery, and investment of the same, as the Court shall direct: Provided always, that the Court may by order sanction the official assignees retaining in their hands, out of the moneys so received by them as aforesaid, a sum not exceeding at any one time five hundred pounds in respect of all the estates vested in them.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 62 Messengers to follow instructions of official assignees. 62. The messengers shall follow the instructions of the official assignees, subject to the directions and control of the Court, with respect to the taking and keeping possession of the bankrupt's and insolvent's estate or effects.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 63 Official assignee to act as sole assignee till creditors chose assignee, &c.; 63. Until assignees shall be chosen by the creditors, the official [assignee] shall to all intents and purposes whatsoever be the [assignee] of every bankrupt's ... estate and effects, [and, if the Court shall so order, may sell or otherwise dispose of any property which from its nature or for any other reason the Court shall think ought to be disposed of without delay] [and bankruptcy rules may provide for the cases in which property of the bankrupt's may be sold or otherwise disposed of before the sitting for the choice of assignees by the creditors where such sale or disposal ought for some reason to be effected without delay]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 64 but not to interfere with creditors assignee in appointment of solicitor, &c. 64. After assignees have been chosen by the creditors, the official assignee shall not interfere with the creditors assignees in the appointment or removal of a solicitor .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 65 Official assignee not personally liable for acts done in execution of duty. 65. [The official assignee shall not] be personally liable by reason of any of the matters upon which an adjudication of bankruptcy shall have been grounded being insufficient to support such adjudication, or in respect of his receipt in his official capacity of any money or negotiable instruments; provided he shall not have dealt with the same otherwise than as directed by the Court, or [required or permitted by any statutory provision]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 66 Setting aside proceedings against official assignee. 66. If [the] official assignee is made a defendant in any action in respect of such money or negotiable instruments, [the court] in which the action is brought may, upon an affidavit of facts, stay or set aside the proceedings in such action so far as the official assignee is concerned, and make such order as to costs as to [the court] shall seem meet. S.67 rep. by 1980 NI 4 art.44(2)(b) sch.3. S.68 rep. by 1965 c.2 s.34 sch.2 Appointment and salaries of two messengers. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 69 69. There shall be two messengers of the Court, who shall be appointed from time to time by warrant under the hand of the judges of the Court, and shall continue in office at the pleasure of the judges of the Court; ....]Duties of messengers.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 70 Travelling expenses, &c. 70. It shall be lawful for the Court to appoint by warrant as aforesaid assistant messengers of the Court in special cases: The duties of the messengers shall be such, and they shall give such security, as the Court shall by any general order from time to time direct: It shall be lawful for the Court by any general or special order to direct from time to time how and by whom, or out of what fund under the control of the Court, and according to what scale, the travelling and other expenses of the messengers incurred in performing such duties shall be paid.]Oath. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 71 Messengers not to act as agents, &c. 71. If any present or future messenger shall act as agent in any bankruptcy or insolvency, or stipulate for or obtain, directly or indirectly, out of or from any bankrupt's or insolvent's estate, or any person engaged therein, any remuneration for his services except as provided for by this Act he shall for ever thereafter be incapable of holding the office of messenger; and every messenger shall, before he shall be capable of acting in execution of his office, take before the commissioner the following oath; (that is to say,) "I, A.B., do swear, that I will faithfully, impartially, and honestly execute the several orders which I shall receive from the Court of Bankruptcy and Insolvency in any matter in which I am or shall hereafter be appointed to act as messenger; and that I will not knowingly suppress or conceal the truth, or suggest or practise any falsehood in respect to anything relating to any bankruptcy or insolvency, or any of the proceedings thereunder. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 72 72. It shall be lawful for any [messenger of the Court and his assistants] [person], acting under warrant of the Court, to break open any house, chamber, shop, warehouse, door, trunk, or chest of any bankrupt ..., where such bankrupt ... or any of his property shall be reputed to be, and seize upon the ... property of such bankrupt .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 73 Execution of warrant in England. 73. It shall be lawful for [the messenger and his assistants] [any person], acting under warrant of the Court, to break open any house, chamber, shop, warehouse, door, trunk, or chest of the bankrupt [or insolvent] in England, where such bankrupt [or insolvent] or any of his property shall be reputed to be, and to seize upon the ... property of such bankrupt [or insolvent], and also to execute within England such search warrant as herein-before mentioned: Provided, such warrant and search warrant respectively shall have been verified upon oath before and backed or endorsed by any justice of the peace in England, who is hereby required within his jurisdiction to back or endorse the same. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 74 Execution of warrant in Scotland. 74. It shall be lawful for [the messenger and his assistants] [any person], acting under warrant of the Court, to break open any house, chamber, shop, warehouse, door, trunk, or chest of the bankrupt [or insolvent] in Scotland, where such bankrupt [or insolvent] or any of his property shall be reputed to be, or to seize upon the ... property of such bankrupt [or insolvent], and also to execute within Scotland such search warrant as herein-before mentioned: Provided, such warrant and search warrant respectively shall have been verified upon oath, and backed or endorsed by any judge ordinary or justice of the peace in Scotland, who are hereby required, within their respective jurisdictions, to back or endorse the same. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 75 Authority of messenger, &c. in England and Scotland. 75. Such warrant so endorsed shall be sufficient authority to [the messenger or his assistant bringing such warrant] [the person to whom the warrant is directed], and to all officers of the law in England and Scotland, to execute the same within the county, city, or burgh wherein it is so endorsed, and in virtue thereof to break open the house, chamber, shop, warehouse, door, trunk, or chest of such bankrupt [or insolvent], and to seize upon the ... property of such bankrupt [or insolvent], to be dealt with according to law. S.76 rep. by 1980 NI 4 art.44(2)(b) sch.3. S.77 rep. by SLR 1893. S.78 rep. by 1978 c.23 s.122(2) sch.7 Pt. I. Ss.79, 80 rep. by SLR 1892. S.81 rep. by SLR 1976. S.82 rep. by SLR 1875. S.83 rep. by SLR 1892. S.84 rep. by 1877 c.57 s.85. S.85 rep. by SLR 1875. S.86 rep. by 1978 c.23 s.122(2) sch.7 Pt.I Shorthand writer. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 87 87. In order to facilitate the discharge of the business of the Court in taking the evidence of parties examined viva voce, the Court may from time to time, when it shall appear necessary, direct the employment of a shorthand writer, and by any general or special order define his duties and the amount of his remuneration.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 87 Record of proceedings. 87. Bankruptcy rules may provide (a)for the making of a record (whether by means of shorthand notes, by mechanical means or otherwise) of any proceedings under the Bankruptcy Acts (Northern Ireland) 1857 to 1980; (b)for the appointment of a person to make the record; (c)for the making and verification of a transcript of the record and for supplying the transcript to the registrar and the official assignee and to such other persons in such circumstances as may be prescribed by the rules; (d)for the fees to be paid for transcripts and the persons by whom or the source from which the fees are to be paid.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 88 Shorthand writer to take oath. 88. Before such shorthand writer shall act in the performance of the duties imposed on him, he shall take an oath in the presence of one of the judges of the Court to the effect following; (that is to say,) "I (A.B.) do swear, that I will faithfully and truly take down the evidence to be given by persons to be examined in the matter of , and will deliver true and faithful transcripts thereof as the Court shall direct."][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 89 Remuneration to shorthand writer. 89. Such shorthand writer shall be paid such remuneration out of the estate as the Court shall order, and shall furnish copies of the evidence to the parties entitled thereto, on payment of such fees as the Court shall by any general or special order direct.] S.90 rep. by SLR 1976. Ss.91113 rep. by 1872 c.58 s.5 sch.(A) Notice of acts of bankruptcy to agents of corporate bodies, &c. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 114 114. If any secretary, public officer, or other accredited agent of any body corporate or public company shall have had notice of any act of bankruptcy, such body corporate or company shall be deemed to have had such notice. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 115 No person liable upon act of bankruptcy committed more than six months before petition, &c. 115. No person shall be liable to be declared a bankrupt by reason of any act of bankruptcy committed more than six months prior to the filing of the petition of bankruptcy [or by reason of an act of bankruptcy such as is mentioned in paragraph (5A) or (5B) of section 21 of the Bankruptcy (Ireland) Amendment Act 1872 (certificate of unenforceability; order staying enforcement in multiple debt cases) where, as the case may be, the certificate of unenforceability has been set aside under [Articles 13(g)(iii) and 21 of the Judgments Enforcement (Northern Ireland) Order 1981] or the order staying enforcement has ceased to have effect by virtue of [Article 14(2)], or on the expiration of an extended period fixed by an order under [Article 14(3), of that Order]]; and no adjudication of bankruptcy shall be deemed invalid by reason of any act of bankruptcy prior to the debt of the petitioning creditor. Proceedings in bankruptcy to originate by petition to the Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 116 116. Proceedings to obtain adjudication of bankruptcy shall be by petition ..., and the truth thereof verified by the affidavit of the petitioner ...; and every such petition shall be filed and prosecuted as directed by this Act; and from and after the filing of such petition the Court shall have full power and authority to take such order and direction ... with all his lands, tenements, and hereditaments, both within this realm and abroad, ..., which he shall have in his own right before he became bankrupt, as also with all such interest in any such lands, tenements, and hereditaments as such bankrupt may lawfully depart withal, and with all his money, fees, offices, annuities, goods, chattels, wares, merchandise, rights, credits, effects, and debts, wheresoever they may be found or known, and to make or order sale thereof in manner herein mentioned, or otherwise order the same for satisfaction and payment of the creditors of the bankrupt. S.117 rep. by 1872 c.58 s.5 sch.(A). Ss.118, 119 rep. by 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 120 Debtor may petition against himself. 120. Any [debtor] may petition for adjudication of bankruptcy against himself, [and, if the court under such petition adjudge such debtor bankrupt, notice of such adjudication shall forthwith be given in the [Belfast Gazette in the prescribed manner.] [Gazette in the manner prescribed by bankruptcy rules.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 121 If adjudication be not obtained within five days after petition, any other creditor may proceed on it, &c. 121. If the petitioning creditor shall not proceed and obtain an adjudication within five days after his petition shall have been filed, or within such extended time as shall be allowed by the Court, the Court may, at any time within seven days then next following, upon the application of any other creditor to the amount required to constitute a petitioning creditor, proceed to adjudicate on such petition, upon the proof of the debt of such creditor, and of the other requisites to support such petition (except the debt of the petitioning creditor); but if neither the petitioner nor any other creditor shall within such seven days, or within such extended time as may be granted by the Court for that purpose, apply to the Court to proceed to adjudication, such petition shall be forthwith dismissed. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 122 Petitions may be presented against one or more partners. 122. Any creditor whose debt is sufficient to entitle him to petition for adjudication of bankruptcy against all the partners of any firm may petition for such adjudication against one or more partners of such firm; and every such petition shall be valid although it does not include all the partners of the firm; and in every petition for adjudication against two or more persons the Court may dismiss the same as to one or more of such persons; and the validity of such petition shall not be thereby affected as to any person as to whom such petition is not ordered to be dismissed, [nor shall any such person's certificate be thereby affected]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 123 Proceedings in cases of a second petition against or by one or more members of a firm. 123. After a petition of bankruptcy filed against or by one or more member or members of a firm, and upon any petition or petitions of bankruptcy against or by any other member or members of such firm, or against the whole firm, all the estate, real and personal, of such bankrupt or bankrupts, shall vest in the [official assignee] and the creditors assignee (if any) under the first petition; and thereafter all separate proceedings under such subsequent petition or petitions shall, without affecting the validity of the first petition, be annexed to and form part of the first petition. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 124 Arrest of bankrupt about to quit Ireland, or to remove or conceal his goods. 124. Whenever any petition of bankruptcy shall have been filed against any person, and it shall be proved to the satisfaction of the Court that there is probable cause for believing that such person has quitted or is about to quit Ireland, or has removed [any goods or chattels in his possession above the value of #120 without the leave of the official assignee] or is about to remove or conceal any of his goods or chattels, with intent to defraud his creditors, unless he be forthwith apprehended, it shall be lawful for the Court to issue a warrant [authorising the arrest and commitment to prison of] the person against whom such petition shall have been filed, and also to seize his books, papers, monies, securities for monies, goods and chattels, wheresoever he or they may be found, and him and them safely keep until such person shall be discharged by the Court: Provided always, that any person arrested upon any such warrant, or whose books, papers, monies, securities for monies, goods or chattels, have been seized under any such warrant, may apply to the Court for an order on the petitioning creditor to show cause why the person arrested should not be discharged out of custody, or why his books, papers, monies, securities for monies, goods, and chattels should not be delivered up to him; and it shall be lawful for such Court to make absolute or discharge such order. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 125 If bankrupt be keeping out of the way or be about to quit Ireland, &c., Court may issue warrant for his arrest. 125. If in any case it shall be proved to the satisfaction of the Court that any bankrupt is keeping out of the way, and cannot be personally served with a summons, and that due pains have been taken to effect such personal service, or that there is probable cause for believing that he is about to quit Ireland, or to remove or conceal any of his goods or chattels, unless he be forthwith apprehended, it shall be lawful for such Court by warrant to authorize and direct any person or persons it shall think fit to arrest such bankrupt, and bring him before the Court to be examined, in like manner as if he appeared upon a summons. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 126 Court may, before adjudication, summon witnesses to prove act of bankruptcy. 126. The Court, before adjudication, may summon before it any person whom such Court shall believe capable of giving any information concerning ... any act of bankruptcy committed by the person against whom any petition of bankruptcy has been filed, and may require any person so summoned to produce any books, papers, deeds, and writings, and other documents, in his custody, possession, or power, which may appear to the Court to be necessary to establish such ... act of bankruptcy; and it shall be lawful for the Court to examine any such person upon oath, by word of mouth or interrogatories in writing, concerning such ... act of bankruptcy. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 127 Court to make adjudication, &c., upon certain proofs. 127. The Court under a petition filed by a creditor, shall, upon proof of the petitioning creditor's debt, and of the ... act of bankruptcy of the person against whom such petition is filed, adjudge such [person] bankrupt; or if, in case of the failure of the petitioning creditor to proceed and obtain adjudication within five days after his petition shall have been filed, or within such extended time as may be allowed by the Court, another creditor shall apply for adjudication upon such petition, then upon such application, and proof of such creditor's debt, and of the ... act of bankruptcy of the person against whom such petition is filed, the Court shall adjudge such [person] bankrupt; and under a petition filed by a [debtor], the Court, ... shall adjudge such [debtor] bankrupt; and any such petition not effectually prosecuted to an adjudication within fourteen clear days after its date shall be dismissed, unless the Court shall enlarge the time for proceeding thereunder. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 128 In case petitioning creditor's debt be insufficient, Court may proceed upon application of any other creditor. 128. If after adjudication the debt of the petitioning creditor shall be found by the Court to be insufficient to support such adjudication, it shall be lawful for the Court, upon the application of any other creditor, having proved any debt sufficient to support an adjudication, to order the petition of bankruptcy to be proceeded in; and it shall by such order be deemed valid. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 129 Bankrupt to have notice before advertisement of adjudication, and sufficient time to show cause. 129. Before notice of any adjudication of bankruptcy on any creditor's petition shall be given in the ... Gazette, a duplicate of such adjudication shall be served on the person adjudged bankrupt, personally, or by leaving the same at the usual or last known place of abode or place of business of such person; and such person shall be allowed three days, or such extended time, not exceeding seven days in the whole, as the Court shall think fit, from the service of such duplicate, to show cause to the Court against the validity of such adjudication; and if such person shall within such time show to the satisfaction of the Court that the petitioning creditor's debt, ..., and act of bankruptcy, upon which such adjudication has been grounded, or ... either of such matters, are insufficient to support such adjudication, and if no other creditor's debt, ..., and act of bankruptcy, sufficient to support such adjudication, shall be proved to the satisfaction of the Court, the Court shall thereupon order such adjudication to be annulled, and the same shall be annulled accordingly; but if at the expiration of the said time no cause shall have been shown to the satisfaction of the Court for the annulling of such adjudication, the Court shall forthwith cause notice of such adjudication to be given in the ... Gazette: Provided always, that nothing herein contained shall be construed to prevent the immediate seizure of the goods of the bankrupt upon the adjudication of bankruptcy.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 130 Court to appoint sittings for bankrupt to surrender and conform. 130. The Court shall in every such notice of adjudication, and in every notice of adjudication on the petition of any such trader, appoint two public sittings of the Court for the bankrupt to surrender and conform, the last of which sittings shall be on a day not less than twenty days and not exceeding forty days from such advertisement, and shall be the day limited for such surrender: Provided always, that the Court shall have power from time to time to enlarge the time for the bankrupt surrendering himself for such time as the Court shall think fit.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 131 Adjudication before expiration of time for showing cause. 131. If any person so adjudged bankrupt shall, before the expiration of the time allowed for showing cause, [surrender himself, and] give his consent to such adjudication being advertised, the Court shall forthwith cause the notice of adjudication to be advertised, [and appoint the sittings for the bankrupt to surrender and conform].to attend assignees;and after obtaining certificate to attend assignees in settling accounts. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 132 Allowance for attendance. 132. Immediately after the insertion of the notice of adjudication in the Gazette, or if the bankrupt, before the expiration of the time allowed for showing cause against the adjudication, [gives] consent to such insertion, then immediatly after such [consent is given] the bankrupt shall (if thereunto required by the official assignee) deliver up to the official assignee, upon oath [to be made before the Court or any registrar thereof, or before a master ordinary or extraordinary in Chancery, or justice of the peace], all books of account, papers, and writings relating to his estate in his custody or power, and discover such as are in the custody or power of any other person; and every bankrupt [not in prison or custody] shall at all times [after such surrender] attend the assignees, upon every reasonable notice in writing for that purpose given by them to him, or left at his usual or last known place of abode, and shall assist such assignees in making out the accounts of his estate; and such bankrupt, [after he shall have surrendered], may, at all seasonable times before the expiration of such time as shall be allowed to him to finish his examination, inspect his books, papers, and writings in the presence of his assignees, or any person appointed by them, and bring with him each time any two persons to assist him; [and every such bankrupt, after he shall have obtained his certificate, shall, upon demand in writing given to him or left at his usual or last known place of abode, attend the assignees to settle any accounts between his estate and any debtor to or creditor thereof, or attend any court of record to give evidence touching the same, or do any act necessary for getting in or protecting the said estate, for which attendance he shall be paid by the official assignee out of his estate such sum as the Court shall direct]. Ss.133, 134 rep. by 1872 c.58 s.5 sch.(A) IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 135 Petitioning creditor to proceed at his own costs until choice of assignees. 135. The petitioning creditor shall, at his own costs, file his petition, and prosecute the same, until [the sitting for] the choice of assignees by the creditors; and the Court shall, at or after [the sitting for such choice] [that sitting], make order for the payment of such costs out of the estate of the bankrupt in course of priority to be settled by [any general order to be made in pursuance of this Act] [bankruptcy rules]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 136 Petition, &c., not to be invalid by reason only of concert. 136. No petition of bankruptcy shall be dismissed, nor any adjudication reversed, by reason only that the petition or act of bankruptcy has been concerted or agreed upon between the bankrupt, his solicitor or agent, or any of them, and any creditor or other person. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 137 Death of bankrupt. 137. If any bankrupt shall die after adjudication, the Court may proceed in the bankruptcy as if such bankrupt were living. The bankrupt to prepare and file a balance sheet and accounts, &c. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 138 138. The bankrupt shall prepare such balance sheet and accounts, and in such form, as the Court shall direct, and shall subscribe such balance sheet and accounts, and file the same in the bankrupt office, and deliver a copy thereof to the official assignee, ten days at least before the day appointed for the last examination, or the adjournment day thereof; and such balance sheet and accounts may before such last examination be amended from time to time as occasion shall require and such Court shall direct; and the bankrupt shall make oath of the truth of such balance sheet and accounts, whenever he shall be duly required by the Court so to do; and the Court may, on the application of the assignees or of the bankrupt, make such allowance out of the estate of the bankrupt for the preparation of such balance sheet and accounts, and to such person, as the Court shall think fit, in any case in which it shall be made to appear to the satisfaction of the Court, from the nature of the accounts or other good cause, that the bankrupt required assistance in that behalf.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 139 As to bankrupt apprehended by warrant, and afterwards submitting to be examined. 139. If any bankrupt apprehended by any warrant of the Court shall, within the time allowed for him to surrender, submit to be examined, and in all things conform, he shall have the same benefit as if he had voluntarily surrendered.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 140 Court may adjourn last examination sine die. 140. It shall be lawful for the Court, at the time appointed for the [last] examination of the bankrupt, or at any enlargement or adjournment thereof, to adjourn such examination sine die. S.141 rep. by SLR 1893[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 142 Release of bankrupt committed for default. 142. If a bankrupt is in prison by virtue only of an order of committal made under [Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981], in respect of a debt incurred prior to adjudication, the Court may order his release.] Ss.143145 rep. by 1872 c.58 s.5 sch.(A) Security to induce creditor to forbear opposition to certificate void. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 146 146. Any contract or security made or given by any bankrupt or other person unto or in trust for any creditor, for securing the payment of any money due by such bankrupt at his bankruptcy as a consideration or with intent to persuade such creditor to forbear opposing, or to consent to [the allowance of the bankrupt's certificate] [the bankrupt's discharge from bankruptcy], shall be void; and the money thereby secured or agreed to be paid shall not be recoverable.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 147 Bankrupt not liable upon any promise to pay debt discharged by certificate. 147. No bankrupt, after his certificate shall have been allowed, shall be liable to pay or satisfy any debt, claim, or demand from which he shall have been discharged by virtue of such certificate, or any part of such debt, claim, or demand, upon any contract, promise, or agreement made after the filing of the petition of bankruptcy; and the money thereby secured or agreed to be paid shall not be recoverable.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 148 Bankrupt having obtained his certificate shall be free from arrest, &c. 148. Any bankrupt who shall, after his certificate shall have been allowed ..., have any action brought against him for any debt, claim, or demand provable under his bankruptcy ... may plead in general that the cause of action accrued before he became bankrupt, and may give this Act and the special matter in evidence; and such bankrupt's certificate shall be sufficient evidence of the trading, bankruptcy, petition for adjudication, and other proceedings precedent to the obtaining such certificate; ....] If after adjudication three-fifths in number and value of creditors accept composition, the adjudication may be annulled, &c. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 149 149. Any bankrupt, at any time after adjudication, may call a meeting of his creditors (whereof and of the purport whereof ten days' notice shall be given in the ... Gazette); and if the bankrupt or his friends shall make an offer of composition, and three-fifths in number and value of the creditors assembled at such meeting, or represented at such meeting by an agent authorized in writing, shall agree to accept the same, ... the Court may, upon such acceptance being testified in writing, and upon payment of such sum as the Court shall direct, annul the adjudication of bankruptcy; and every creditor of such bankrupt shall be bound to accept of such composition. [It shall be lawful for the Court, in any case where such offer of composition has been made and accepted and where the Court considers it desirable to do so, to cause a special sitting of the Court to be held, whereof and of purport whereof, ten days' notice shall be given in the ... Gazette, and the resolution of three-fifths in number and value of the creditors at such sitting to confirm, alter or annul the whole or any part of such acceptance of the offer of composition shall be as valid as if it had been part of the original acceptance; provided, however, that if one-third in number and value of the creditors of such bankrupt do not attend such sitting the resolution thereof shall not be valid unless the same is confirmed or approved by the Court.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 150 Mode of voting in deciding upon such composition. 150. In deciding upon the offer of composition [at the aforesaid meeting of creditors, or upon any proposal at the aforesaid special sitting of the Court to confirm, alter, or annul the whole or any part of the acceptance of such offer], no creditor whose debt is below twenty pounds shall be reckoned in number, but the debt due to such creditor shall be computed in value; and every creditor to the amount of fifty pounds and upwards, residing out of Ireland, shall be served personally, or in such other form as the Court shall direct, with a copy of the notice of the meeting to decide upon such offer as aforesaid [or of the special sitting of the Court where such special sitting is to be held], and of the purpose for which the same is called, so long before such meeting [ or such special sitting of the Court] as that he may have time to vote thereat; and if any creditor shall agree to accept any gratuity or higher composition for assenting to such offer, he shall forfeit the debt due to him, together with such gratuity or composition; and the bankrupt shall (if thereto required) make oath before the Court that there has been no such transaction between him, or any person with his privity, and any of the creditors, and that he has not used any undue means of influence with any of them to attain such assent. Ss.151177 rep. by SLR 1893; SLR (NI) 1954; SLR 1976. Ss.178244 rep. by 1872 c.58 s.5 sch.(A). S.245 rep. by 1980 NI 4 art.44(2)(b) sch.3 When and how debts may be proved in bankruptcy. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 246 246. At the sittings for the choice of assignees and for the last examination, and at every adjourned sitting held for either of such purposes and at every other sitting held for proof of debts, every creditor of the bankrupt may prove his debt by his own oath, or by the oath of some other person, or by affidavit sworn before any of the persons authorized to take affidavits under this Act, or in such other manner as shall be fixed by any general order: Provided, that it shall be lawful for the Court to examine upon oath, either by word of mouth or by interrogatories in writing, every person claiming to prove a debt, or to require such further proof and to examine such other persons in relation thereto as such Court shall think fit.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 247 Undisputed debts may be admitted as if proved. 247. If at any sitting of the Court at which debts may be proved it shall appear to the Court, by the examination of the bankrupt, or otherwise, that any debt is admitted by the bankrupt either in the whole or in part, and if the assignees do not nor does any creditor dispute the same, it shall be lawful for the Court, if it shall think fit, to order that such debt or the part thereof not disputed shall be admitted without oath or affidavit, and entered as proved, on such terms, if any, as the Court shall by any general or special order direct.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 248 Bona fide creditors in respect of debts contracted after an act of bankruptcy, may prove. 248. Every person with whom any bankrupt shall have really and bona fide contracted any debt or demand before the filing of the petition of bankruptcy shall, notwithstanding any prior act of bankruptcy committed by such bankrupt, be admitted to prove the same as if no such act of bankruptcy had been committed.] S.249 rep. by 1933 c.7 (NI) s.3 sch. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 250 Apprentices to bankrupts discharged from their indentures. 250. Where any person shall have been an apprentice to a bankrupt ... at the time of the filing of a petition of bankruptcy ..., the filing of such petition shall be and enure as a complete discharge of the indenture whereby such apprentice was bound; and if any sum shall have been really and bona fide paid by or on the behalf of such apprentice to the bankrupt ... as an apprentice fee, it shall be lawful for the Court upon proof thereof, to order any sum to be paid out of the estate of the said bankrupt ..., to or for the use of such apprentice, which such Court shall think reasonable, regard being had in estimating such sum to the amount of the sum so paid by or on behalf of such apprentice, and to the time during which such apprentice shall have resided with the bankrupt ..., and to the other circumstances of the case.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 251 Mutual debts and credits may be set off. 251. Where there has been mutual credit given by the bankrupt or insolvent and any other person, or where there are mutual debts between the bankrupt or insolvent and any other person, the Court shall state the account between them, and one debt or demand may be set against another, notwithstanding, in case of bankruptcy, any prior act of bankruptcy committed by such bankrupt before the credit given to or the debt contracted by him, and what shall appear due on either side on the balance of such account, and no more, shall be claimed or paid on either side respectively; and every debt or demand hereby made provable against the estate of the bankrupt or insolvent may also be set off, in manner aforesaid, against such estate: Provided that the person claiming the benefit of such set-off had not when such credit was given, notice of an act of bankruptcy by such bankrupt committed.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 252 Debts not payable at time of bankruptcy may be proved, deducting relate of interest. 252. Any person who shall have given credit to the bankrupt or insolvent upon valuable consideration for any money or other matter or thing whatsoever which shall not have become payable at the time of the filing of the petition of bankruptcy or insolvency, and whether such credit shall have been given upon any bill, bond, note, or other negotiable security or not, shall be entitled to prove or may be admitted as a creditor in respect of such debt, bill, bond, note, or other security, as if the same was payable presently, and receive dividends equally with the other creditors, deducting only thereout a rebate of interest for what he shall so receive at the rate of six pounds per centum per annum, to be computed from the declaration of a dividend to the time such debt would have become payable according to the terms upon which it was contracted.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 253 Sureties and persons liable for the debts of a bankrupt may prove, after having paid such debts. 253. Any person who at the filing of a petition of bankruptcy or insolvency shall be surety or liable for any debt of the bankrupt or insolvent, or bail for the bankrupt or insolvent, either to the sheriff or to the action, if he shall have paid the debt, or any part thereof in discharge of the whole debt, although he may have paid the same after the filing of the petition of bankruptcy or insolvency, if the creditor shall have proved his debt under the bankruptcy or insolvency, shall be entitled to stand in the place of such creditor as to the dividends and all other rights under the bankruptcy or insolvency which such creditor possessed or would be entitled to in respect of such proof; or, if the creditor shall not have proved, such surety, or person liable, or bail, shall be entitled to prove his demand in respect of such payment as a debt under the bankruptcy or insolvency, not disturbing the former dividends, and may receive dividends with the other creditors, although he may have become surety, liable, or bail as aforesaid, after an act of bankruptcy committed by the bankrupt: Provided that such person had not, when he became such surety or bail or so liable as aforesaid, notice of any act of bankruptcy by such bankrupt committed.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 254 Proofs in cases of marine insurance. 254. The obligee in any bottomry or respondentia bond, and the assured in any policy of insurance made upon good and valuable consideration, shall be admitted to claim, and, after the loss or contingency shall have happened, to prove his debt or demand in respect thereof, or be admitted as a creditor and receive dividends with the other creditors, as if the loss or contingency had happened before the filing of the petition of bankruptcy or insolvency against such obligor or insuror; and the person effecting any policy of insurance upon ships or goods with any person (as a subscriber or underwriter) having become bankrupt or insolvent shall be entitled to prove or be admitted as a creditor for any loss to which such bankrupt or insolvent shall be liable in respect of such subscription, although the person so effecting such policy was not beneficially interested in such ships or goods, in case the person so interested is not within the United Realm.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 255 Annuity creditor admitted to prove. 255. Any annuity creditor of any bankrupt or insolvent, by whatever assurance the same be secured, and whether there were or not any arrears of such annuity due at the bankruptcy or insolvency, shall be entitled to prove or be admitted as a creditor for the value of such annuity, which value the Court shall ascertain, regard being had to the original price given for such annuity, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the filing of the petition of bankruptcy or insolvency.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 256 Proceedings against sureties for payment of annuities granted by bankrupt. 256. It shall not be lawful for any person entitled to any annuity granted by any bankrupt or insolvent to sue any person who may be collateral surety for the payment of such annuity until such annuitant shall have proved or have been admitted as a creditor against such bankrupt's or insolvent's estate for the value of such annuity, and for the arrears thereof; and if such surety, after such proof, pay the amount proved, he shall be thereby discharged from all claims in respect of such annuity; and if such surety shall not (before any payment of the annuity subsequent to the bankruptcy or insolvency shall have become due) pay the sum so proved, he may be sued for the accruing payments of such annuity, until such annuitant shall have paid or satisfied the amount so proved, with interest thereon at the rate of five pounds per centum per annum from the time of notice of such proof and of the amount thereof being given to such surety; and after such payment or satisfaction such surety shall stand in the place of such annuitant in respect of such proof to the amount so paid or satisfied by such surety; and the certificate of the bankrupt or the final discharge of the insolvent shall be a discharge to him from all claims of such annuitant or of such surety in respect of such annuity: Provided that such surety shall be entitled to credit in account with such annuitant for any dividends received by such annuitant under the bankruptcy or insolvency before such surety shall have fully paid or satisfied the amount so proved.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 257 Proof of contingent debts. 257. If any bankrupt or insolvent shall, before the filing of a petition of bankruptcy or insolvency, have bona fide contracted any debt payable upon a contingency, which shall not have happened before the filing of such petition, the person with whom such debt has been contracted may, if he think fit, apply to the Court to set a value upon such debt, and the Court is hereby required to ascertain the value, and to admit such person as a creditor for the amount so ascertained, and to receive dividends thereon; or if such value shall not be ascertained before the contingency shall have happened, then such person may, after such contingency shall have happened, prove or shall be admitted as a creditor in respect of such debt, and receive dividends with the other creditors, not disturbing any former dividends.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 258 Contingent liabilities of bankrupt. 258. If any bankrupt or insolvent shall, before the filing of a petition of bankruptcy, or insolvency, have contracted bona fide a liability to pay money upon a contingency which shall not have happened, and the demand in respect thereof shall not have been ascertained before the filing of such petition, in every such case, if such liability be not provable under any other provision of this Act, the person with whom such liability has been contracted shall be admitted to claim for such sum as the Court shall think fit; and after the contingency shall have happened, and the demand in respect of such liability shall have been ascertained, he shall be admitted as a creditor for such demand, and receive dividends with the other creditors, and so far as practicable, as if the contingency had happened and the demand had been ascertained before the filing of such petition, but not disturbing former dividends: Provided that where any such claim shall not have, either in whole or in part, been converted into a proof within six months after the filing of such petition, it may, upon the application of the assignees, at any time after the expiration of such time, and if the Court shall think fit, be expunged either in whole or in part from the proceedings.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 259 Bankruptcy of agent intrusted with goods. 259. In case of the bankruptcy or insolvency of any agent intrusted with the possession of goods within the meaning of an Act passed in the Parliament holden in the fifth and sixth years of the reign of Her present Majesty, intituled "An Act to amend the law relating to advances bona fide made to agents entrusted with goods," the owner of any goods so intrusted to such agent, and which shall have been redeemed by such owner in manner provided by the said Act, shall, in respect of the sum paid by him on account of such agent, be held to have paid such sum for the use of such agent before his bankruptcy or insolvency, or, in case such goods shall not be so redeemed, the owner shall be deemed a creditor of such agent for the value of the goods so pledged at the time of the pledge, and shall, if he shall think fit, be entitled in either of such cases to prove for or set off the sum so paid, or the value of such goods, as the case may be.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 260 Interest upon debts, when provable through not reserved or agreed for. 260. Upon all debts or sums certain, whereupon interest is not reserved or agreed for, and which shall be overdue at the filing of the petition of bankruptcy ..., the creditor shall be entitled to prove or be admitted as a creditor for interest, to be calculated at [a rate not exceeding five pounds per centum per annum] [such rate as may be prescribed by bankruptcy rules], up to the filing of such petition, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 261 Plaintiff or defendant obtaining judgment, &c., entitled to prove for costs, &c. 261. If any party whether plaintiff or defendant in any suit shall have obtained any judgment, decree, or order against any person who shall thereafter become bankrupt or insolvent, for any debt or demand in respect of which such party shall prove or be admitted a creditor, under the bankruptcy or insolvency, such party shall also be entitled to prove, or be admitted a creditor for the costs which he shall have incurred in obtaining the same, although such costs shall not have been taxed at the time of the bankruptcy or insolvency.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 262 Proving debt to be an election not to proceed by action, &c. 262. No creditor who has instituted any suit against any bankrupt ... in respect of a demand prior to the bankruptcy ..., or which might have been proved or admitted as a debt under the bankruptcy ..., shall prove or be admitted as a creditor under such bankruptcy ..., or have any claim entered upon the proceedings, without relinquishing such suit; and the proving or claiming a debt under any bankruptcy ... by any creditor shall be deemed an election by such creditor to take the benefit of such bankruptcy ... with respect to the debt so proved or claimed: Provided that such creditor shall not be liable to the payment to such bankrupt ... or his assignees of the costs of such suit so relinquished; and that where any such creditor shall have instituted any suit against such bankrupt ..., jointly with any other person, his relinquishing such suit against the bankrupt ... shall not affect such suit against such other person: Provided also, that any creditor who shall have so proved or claimed, if the petition of bankruptcy ... be afterwards superseded or dismissed, may proceed in the suit as if he had not so proved or claimed.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 263 Court may expunge proof of any debts not due. 263. Whenever it shall appear that any debt proved or admitted is not justly due, either in whole or in part, the assignees or any creditor may make representation thereof to the Court; and it shall be lawful for the Court to summon and examine upon oath any person whose evidence may appear to the Court to be material, either in support of or in opposition to any such debt; and if the Court shall be of opinion that such debt is not due, either wholly or in part, the Court shall be at liberty to expunge the same, either wholly or in part, from the proceedings, and make such order therein as to costs as to the Court shall seem fit.] S.264 rep. by 1872 c.58 s.5 sch.(A) Appointment of creditors assignees. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 265 265. [The Court shall, by general orders to be from time to time made pursuant to this Act] [Bankruptcy rules shall] regulate and fix the manner and time of the choice and appointment of creditors assignees of the bankrupt's ... estate and effects; and all creditors shall be entitled to vote in such choice personally, or by some agent duly authorized in writing; and the choice and appointment shall be made by the major part in value of the creditors: Provided that the Court shall have power to reject any person so chosen who shall appear to such Court unfit to be an assignee, or to remove any assignee; and upon such rejection or removal a new choice and appointment of another assignee shall be made in like manner. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 266 Joint creditor entitled to prove for the purpose of voting in the choice of assignees. 266. If one or more of the partners of a firm be a bankrupt ..., any creditor of the firm shall be entitled to prove his debt or be admitted as a creditor for the purpose of voting in the choice of assignees, and of being heard against the [allowance of the bankrupt's certificate, or of the discharge of the insolvent, or of any such purposes] [discharge of the bankrupt or for either such purpose]; but such creditor shall not receive any dividend out of the separate estate of the bankrupt ... until all the separate creditors shall have received the full amount of their respective debts. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 267 Personal estate to vest in assignees. 267. When any person shall be adjudged a bankrupt, ... all the personal estate and effects of such bankrupt ..., present and future, wheresoever the same may be, and all property which he may purchase, or which may revert, descend, be devised, or bequeathed or come to him before such bankrupt [shall have obtained his certificate or such insolvent shall have become entitled to his final discharge in pursuance of the adjudication made in that behalf] [is discharged from his bankruptcy by an absolute order of discharge under Article 28 or 30 of the Bankruptcy Amendment (Northern Ireland) Order 1980, or by virtue of the expiration of the period or the satisfaction of any requirement specified by a suspended or conditional order of discharge under that Article, or by virtue of Article 29(2) or (4) (automatic discharge) of that Order], and all debts due or to be due to him, shall become absolutely vested in the assignees for the time being for the benefit of the creditors of the bankrupt ...; and no such bankrupt ..., nor any person claiming through or under him, shall have power to recover the same, nor to make any release or discharge thereof, neither shall the same be attached as the debt of any such bankrupt ... by any person, ...; but such assignees shall have absolute power and remedy to recover the same in their own names. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 268 Real estate to vest in assignees. 268. When any person shall be adjudged a bankrupt, ... all lands, tenements, and hereditaments, ... wheresoever the same may be situate, to which any such bankrupt ... is entitled, and all interest therein to which such bankrupt ... is entitled, and of which he might have disposed, and all such lands, tenements, and hereditaments as he shall purchase, or shall descend, be devised, revert to, or come to such bankrupt, before he [shall have obtained his certificate, or to such insolvent before his final discharge] [is discharged from his bankruptcy by an absolute order of discharge under Article 28 or 30 of the Bankruptcy Amendment (Northern Ireland) Order 1980, or by virtue of the expiration of the period or the satisfaction of any requirement specified by a suspended or conditional order of discharge under that Article, or by virtue of Article 29(2) or (4) (automatic discharge) of that Order], and all deeds, papers, and writings respecting the same, shall become absolutely vested in the assignees for the time being for the benefit of the creditors of such bankrupt .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 269 Where a conveyance of any property of a bankrupt would require to be registered the certificate of the vesting thereof in the assignees shall be registered. 269. Where, according to law, any conveyance or assignment of any real or personal property of a bankrupt or insolvent would require to be registered, enrolled, or recorded in any registry office, court, or place in the United Kingdom, or in any of the dominions of Her Majesty, then and in every such case a certificate under the seal of the Court, and in such form as the Court may direct, that the estate and effects of the bankrupt or insolvent have vested in the assignees, shall be registered in such registry office, court, or place, and shall have the like effect to all intents and purposes as the registry, enrolment, or recording of such conveyance or assignment would have had; but the title of any purchaser of any such property for valuable consideration, bona fide, without notice of the bankruptcy, or before the commencement of the imprisonment of such insolvent, who shall have duly registered, enrolled, or recorded his purchase deed previous to the registry hereby directed, shall not be invalidated by reason of such appointment of assignees, or of the vesting of such property in them, unless such certificate shall be registered as aforesaid within the times following; (that is to say,) as regards the United Kingdom, within two months of the date of such appointment, and, as regards all other places, within twelve months from the date thereof. S.270 rep. by 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 271 Liability of assignees or covenants of bankrupt in conveyances, leases, &c. 271. If the assignees of any bankrupt ..., being entitled to any land, either under a conveyance, agreement, or otherwise, subject to any rent, or being entitled to any lease or agreement for a lease, shall elect to take such land or the benefit of such lease or agreement for a lease, such bankrupt ... shall not be liable to pay any rent accruing after the filing of the petition of bankruptcy ... or to be sued in respect of any subsequent non-observance or non-performance of any conditions, covenants, or agreements in any such conveyance or agreement, or lease or agreement for a lease; and if the assignees shall not within a reasonable time after being thereto required elect whether they will accept or decline such land, or conveyance or agreement, or such lease or agreement for a lease, any person entitled to such rent, or having so conveyed or agreed to convey, or leased or agreed to lease, or any person claiming under him, shall be entitled to apply to the Court; and the Court may order them to elect, and may order the lessees or the bankrupt ... to deliver up such conveyance or agreement for conveyance, or lease or agreement for lease, in case they shall decline the same, and the possession of the premises, or may make such other order therein as it shall think fit. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 272 Vendor of estate in lands may compel assignees to elect whether they will abide by or decline the agreement for sale. 272. If any bankrupt ... shall have entered into any agreement for the purchase of any estate or interest in land, the vendor or any person claiming under him, if the assignees shall not (upon being thereto required) elect whether they will abide by and execute such agreement or abandon the same, may apply to the Court; and the Court may thereupon order them or the bankrupt ... to deliver up the agreement and the possession of the premises, or may make such other order therein as such Court shall think fit. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 273 Assignees may execute powers vested in bankrupt. 273. All powers vested in any bankrupt ... which he might legally execute for his own benefit ... may be executed by the assignees for the benefit of the creditors. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 274 Court may order bankrupts to join in conveyances. 274. It shall be lawful for the Court, upon the application of the assignees, or of any purchaser from them of any part of the bankrupt's ... estate, to order the bankrupt ... to join in any conveyance of such estate or any part thereof, or any act or deed in relation thereto; and if he shall not comply with such order, such bankrupt ..., and all persons claiming under him, shall be stopped from objecting to the validity of such conveyance, and all estate, right or title, which such bankrupt ... had therein, shall be as effectually barred by such order as if such conveyance had been executed by him. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 275 Conditional estates granted by the bankrupt may be redeemed. 275. If any bankrupt ... shall have granted, conveyed, assured, or pledged any real or personal estate, or deposited any deeds, subject to a condition or power of redemption at a future day, the assignees may, before the time of the perfomance of such condition, make tender or payment of money or other performance according to such condition, as fully as the bankrupt ... might have done; and after such tender, payment, or performance, such real or personal estate may be sold and disposed of for the benefit of the creditors. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 276 Assignees may appoint the bankrupt to manage the estate. 276. The [assignees] may, with the approbation of the Court, appoint any bankrupt ... to superintend the management of the estate, or to carry on the trade for behoof of the creditors, or in any other respect to aid them in administering the bankrupt's ... estates and effects, in such manner and on such terms as they may think best. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 277 Assignees subject to orders of Court. 277. The assignees shall be subject to the orders of the Court in their conduct as assignees; and it shall be lawful for the Court at all times to summon the assignees, and examine them and require them to [pay all monies, and] produce and deliver over all books, paper deeds, writings, and other documents, which may have come to their possession or custody as such assignees, as the Court shall order. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 278 On member of a firm becoming bankrupt, the Court may authorize suit in name of assignees and of remaining partner. 278. If any bankrupt ... shall at the time of the bankruptcy ... be a member of a firm, it shall be lawful for the Court to authorize the assignees to commence or prosecute any suit in the name of such assignees and of the remaining partner to recover any debt due to or any estate or effects of the partnership; and such judgment, decree, or order may be obtained therein as if such suit had been instituted with the consent of such partner; and if such partner shall execute any release of the claim for which such suit is instituted, such release shall be void: Provided that every such partner shall have notice given him of such application, and be at liberty to show cause against it, and, if no benefit be claimed by him by virtue of the said proceedings, shall be indemnified against the payment of any costs in respect of such suit in such manner as the Court may direct; and it shall be lawful for the Court, upon the application of such partner, to direct that he may receive so much of the proceeds of such action or suit as the Court shall direct. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 279 Assignees may institute or defend suits, and compound for debts or submit disputes to arbitration. 279. The assignees, ..., may commence, prosecute, or defend any suit which the bankrupt ... might have commenced and prosecuted or defended, and in such case the costs to which they may be put shall be allowed out of the estate; and, ..., the assignees may take such reasonable part of any debts due to the bankrupt's ... estate as may by composition be gotten or may give time, or take security for the payment of such debts, and may submit to arbitration any difference or dispute between the assignees and any other person for or on account or by reason of anything relating to the estate and effects of the bankrupt .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 280 Reference to arbitration to be made a rule of Court. 280. If the assignees shall agree to refer any matter to arbitration, such reference shall be made a rule of the Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 281 Persons from whom the assignees have recovered, or who have paid the assignees, &c., discharged from claims by the bankrupt. 281. All persons from whom the assignees shall have recovered any real or personal estate, and all persons who shall without suit bona fide deliver up possession of any real or personal estate to the assignees, or pay any debt claimed by them, are hereby discharged from all claim of such bankrupt ... in respect of the same, even although the petition of bankruptcy ... be afterwards dismissed, or the adjudication annulled. S.282 rep. by 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 283 Suits not to abate by death or removal of assignees. 283. Whenever an assignee shall die, or be removed, or a new assignee shall be appointed, no suit shall be thereby abated, but the Court in which any suit is depending may, upon the suggestion of such death or removal and new appointment, allow the name of the new assignee to be substituted. S.284 rep. by 1872 c.58 s.5 sch.(A). S.285 rep. by SLR 1898 Sitting for audit. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 286 286. The Court shall whenever it shall think fit, at a public sitting, of which such notice shall be given as the Court shall by any general or special order direct, audit the accounts of the assignees; and at such sitting the assignees shall deliver ... a true statement in writing of all money received by them respectively, and when and on what account, and how the same has been employed, and such other particulars as the Court may direct; and the Court shall examine such statement, and ascertain what balances have been from time to time in the hands of such assignees respectively, and with what sums the assignees are properly chargeable; and it shall be lawful for the Court to examine the assignees ... touching such accounts, and to make therein all just allowances; but the Court may, if it think fit, dispense with the attendance of the creditor's assignees at such sitting.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 287 Court may direct money to be invested in Exchequer bills, &c. 287. The Court may direct any money, part of such estate, to be vested in the purchase of Exchequer bills, or in the public funds, for the benefit of the creditors, and may direct where and with whom such Exchequer bills shall be kept, and cause such Exchequer bills or funds to be sold when it shall appear to such Court expedient, and may direct the proceeds thereof to be again laid out in the purchase of Exchequer bills, or in the public funds, or to be applied for the benefit of the creditors.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 288 Method of making dividends. 288. The Court shall, whenever it shall think fit, appoint a public sitting, whereof such notice shall be given as the Court shall by any general or special order direct, to make a dividend, and may at such sitting direct such part of the net produce of the estate as it may think fit to be forthwith divided, and make an order for dividend accordingly in such form as the Court shall by any general order direct; and the assignees shall forthwith make such dividend in manner directed by the orders at any time in force under this Act relating to the mode of payment of dividends by the assignees.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 289 Sitting for audit and dividend. 289. The Court may appoint the same sitting for the audit and dividend.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 290 Final dividend within eighteen months, except where suits depending or estates not sold, &c. 290. If the estate shall not have been wholly divided upon the first dividend, the Court shall, within eighteen months after the filing of the petition, appoint a public sitting to make a second dividend, of which such notice shall be given as the Court shall by any general or special order direct, and at such sitting shall order the balance in hand to be forthwith divided; and such second dividend shall be final, unless any suit be depending, or any part of the estate be not sold or disposed of, or unless some other estate or effects shall afterwards come to the assignees, in which case they shall as soon as may be convert such estate and effects into money; and within two months after the same shall be so converted the same shall also be divided in manner aforesaid.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 291 Outstanding debts, &c. may be sold by the assignees after a certain time. 291. If there shall be any outstanding debts or other property belonging to the estate of the bankrupt ... which cannot in the opinion of the Court be collected and received without unreasonable or inconvenient delay, it shall be lawful for the assignees under the direction of the Court, to sell and assign such debts and other property in such manner and subject to such conditions as shall be ordered by the Court; and any person to whom any of such debts shall be so sold or assigned may sue for the same in his own name as fully as the assignees might have done.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 292 Debtor and creditor account to be furnished by official assignee to creditors assignee before final dividend, &c. 292. Fourteen days before a final dividend shall be advertised there shall be sent by the official assignee to each creditor's assignee a debtor and creditor account between the official assignee and such estate, showing also the monies remaining uncollected under such estate, and the cause of such monies remaining uncollected; and a copy of such account shall, on application to the official assignee, be delivered to any person who shall pay for the same such sum, not exceeding [12p], as shall be settled by the Court.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 293 No action to be brought for dividends. 293. No action for any dividend shall be brought against any assignee; but if the assignees shall refuse to pay any such dividend, the Court may order payment thereof, with interest for the time it shall have been withheld, and may also order the costs of the application.] S.294 rep. by SLR 1875 Unclaimed dividends to be carried to Unclaimed Dividend Account. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 295 295. All unclaimed dividends, save dividends declared before the passing of this Act, and all monies unclaimed, the produce of any bankrupt's or insolvent's estate, shall, after the expiration of the period of twelve months from the dividend having been declared, or from the time at which any other monies unclaimed shall have come to the hands of the assignees, be paid into or transferred to the credit of "The Unclaimed Dividend Account," subject to the order of the Court for the payment thereout of any dividend due to any creditor, or for the distribution of any such other unclaimed money.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 296 Court may direct investment. 296. The Court may, from time to time, direct that the whole or any part of the monies standing to the credit of said unclaimed dividend account shall be invested in the public funds.] S.297 rep. by 1877 c.57 s.85 Bankrupt allowed to retain as "excepted articles," furniture, tools, &c. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 298 298. Every bankrupt shall be entitled to retain as excepted articles (a)such articles of wearing apparel [and such articles of household furniture, that is to say,] furniture, bedding and household equipment as appear to the Official Assignee or the trustee in bankruptcy, as the case may be, to be essential for the domestic purposes of the bankrupt, his spouse and his dependants residing with him, or any of them; (b)tools and implements of trade to the value of fifty pounds or of such greater amount as may be fixed by [rules] under [the Judgments Enforcement (Northern Ireland) Order 1981] in relation to tools and implements of trade of a judgment debtor exempted from seizure under [that Order]; Inventory of the remainder of the bankrupt's household funiture, &c. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 299 299. Except where the Court shall otherwise order, an inventory and valuation of the remainder of the bankrupt's ... household furniture, tools, and implements of trade shall be made and delivered to the official assignee; and where the bankrupt ... shall, by writing under his hand, request the assignees not to dispose of the same, such household furniture, tools, or implements of trade shall not be disposed of by the assignees without previous order of the Court; and the Court may, upon the application of the bankrupt ..., postpone the removal and sale of the same for such time as the Court, in the exercise of its discretion, shall think fit; and the Court may permit the same to remain in the use of the bankrupt ..., upon such terms and conditions and with such security as may seem proper; and the Court may at any time order the same to be taken by the [messenger or] assignees, and to be sold for the benefit of the creditors. S.300 rep. by 1980 NI 4 art.44(2)(b) sch.3[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 301 Allowance to bankrupt for maintenance or service. 301. The official assignee may make such allowances as he may think just to the bankrupt out of the bankrupt's property for the support of the bankrupt and his family or in consideration of his services if he is engaged in winding up his estate, but any such allowance may be reduced by the Court.] Ss.302, 303 rep. by 1980 NI 4 art.44(2)(b) sch.3[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 304 Surplus of estate to be paid to bankrupt. 304. If the produce of the estate of any bankrupt or insolvent shall be sufficient to pay [#1] in the pound, with such interest as the Court shall allow to the creditors, and to leave a surplus, the Court shall Order such surplus to be paid to such bankrupt or insolvent, his executors, administrators, or assigns.] Court may summon bankrupt and issue warrant if he does not attend. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 305 305. The Court may at any time summon any bankrupt ... before it; and in case he shall not come at the time appointed by the Court (having no lawful impediment made known to and allowed by the Court at such time), it shall be lawful for the Court by warrant to authorize and direct any person or persons the Court shall think fit to apprehend and arrest such bankrupt ..., either in Ireland or Great Britain, and to bring him before the Court; provided the warrant, if executed in England or Scotland, shall be verified upon oath, and backed or indorsed as herein-before directed. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 306 Court may examine bankrupt as to his estate, &c. 306. Upon the appearance of such bankrupt ..., or if such bankrupt ... be present at any sitting of the Court, it shall be lawful for the Court to examine such bankrupt ... upon oath, either by word of mouth or on interrogatories in writing, touching all matters relating to his trade, dealings, or estate, and to reduce his answers into writing; which examination so reduced into writing the said bankrupt ... shall sign. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 307 Court may summon and examine the spouse of bankrupt. 307. It shall be lawful for the Court to summon before it the [spouse] of any bankrupt ..., and to examine [that spouse] upon oath, either by word of mouth or interrogatories in writing, for the finding out and discovery of the estate, goods and chattels of such bankrupt ... concealed, kept, or disposed of by such [spouse], in her [or his] own person or by her [or his] own act, or by any other person, and to reduce her [or his] examination into writing; which examination [the spouse] is required to sign. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 308 Court may summon persons suspected of having bankrupt's property, &c. 308. After adjudication in bankruptcy, ..., it shall be lawful for the Court to summon before it any person known or suspected to have any of the estate of the bankrupt ... in his possession, or who is supposed to be indebted to the bankrupt ..., or any person the Court may believe capable of giving information concerning the person, trade, dealings or estate of the bankrupt ..., and the Court may require such person to produce any books, papers, deeds, writings, or other documents in his custody or power, which may appear to the Court material in relation to the matters which the Court is authorized to inquire into; and if such person so summoned as aforesaid shall not come before the Court at the time appointed, having no lawful impediment (made known to and allowed by the Court), it shall be lawful for the Court by warrant to authorize and direct [him to be arrested and brought] before the Court for examination. S.309 rep. by SRO (NI) 1970/163 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 310 Power to examine persons summoned or present at any sitting. 310. Upon the appearance of any person summoned or brought before the Court, or if any person be present at any sitting of the Court, it shall be lawful for the Court to examine every such person upon oath, either by word of mouth or by interrogatories in writing, concerning the person, trade, dealings, or estate of any bankrupt ... and to reduce into writing the answers of every such person; and such answers, so reduced into writing, such person examined is hereby required to sign. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 311 In case of debts due to bankrupt's estate, Court may order payment. 311. If on the examination of any person alleged to be a debtor to the estate of any bankrupt ... it shall appear that such person is indebted to the bankrupt ... in any sum of money, and that there is no set off or defence to the same, it shall be lawful for the Court, if it think fit, to order ... that such person shall forthwith, or at such time and in such manner as to the Court may seem expedient, pay the amount to the official assignee, together with the costs of and incident to the summons of such person, if the Court think fit to award costs; or the Court may, if it think fit, ... order the official assignee to pay the costs of the person summoned out of the estate of the bankrupt .... Provided also, that if part only of the sum actually due be so admitted, or if the Court make an order for part only of the sum, the residue may be recoverable in the same manner in all respects as if no such order had been made. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 312 Court may order letters addressed to bankrupt to be re-directed or delivered to official assignees, &c. 312. The Court may order that for a period not exceeding three months from the date of any such order all post letters directed or addressed to any bankrupt ... shall be re-directed, or re-addressed, sent, or delivered by [the Post Office], to the assignees, or other person named in such order; and upon notice, by transmission of a duplicate of any such order to [the Post Office], by the assignees, it shall be lawful for [the Post Office], in England, Scotland, or Ireland, to re-address, re-direct, send, or deliver all such post letters to the assignee, or other person named in such order, accordingly; and the Court may, upon any application to be made for that purpose, renew any such order for the like or for any other less period, as often as may be necessary. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 313 Court may order goods in the possession, order, or disposition of the bankrupt to be sold, &c. 313. If any bankrupt, at the time he becomes bankrupt, ..., shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy ...; but the provisions of this section shall not apply to any transfer or assignment of any ship or vessel, or any share thereof, made by way of security, duly registered according to the provisions of the laws in force for the registering of British vessels.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 313A Hire-purchase etc., agreements . 313A.(1) Goods (a)bailed under a hire-purchase agreement or a consumer hire agreement, or (b)agreed to be sold under a conditional sale agreement, or (c)subject to a regulated agreement under which a bill of sale is given by way of security. (i)the service of a default notice under the Consumer Credit Act 1974 in respect of the goods, and (ii)the date on which the notice expires or is earlier complied with, (2) In this section "conditional sale agreement" means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; "consumer hire agreement" has the meaning given by section 15 of the Consumer Credit Act 1974; "creditor" means the person bailing goods under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement or the person providing credit under a regulated agreement, and includes the person to whom his rights and duties under the agreement have passed by assignment or operation of law; "owner" means a person who bails out goods under a consumer hire agreement or the person to whom his rights and duties under the agreement have been passed by assignment or operation of law; and "regulated agreement" has the meaning given by section 189 of the Consumer Credit Act 1974; "hire-purchase agreement" means an agreement, other than a conditional sale agreement, under which (a)goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and (b)the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs (i)the exercise of an option to purchase by that person, (ii)the doing of any other specified act by any party to the agreement, <(iii)the happening of any other specified event.] S.314 rep. by 1929 c.1 (NI) (20 Geo.5) s.29 sch.2 and replaced by s.12 of that Act. S.315 rep. by 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 316 Court may permit mortgagees to bid at sale. 316. The Court may permit any mortgagee to bid at any sale of the mortgaged premises which shall take place before the Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 317 Disposal of property where sale prejudicial. 317. And whereas bankrupts ... may be entitled to property under such circumstances that the immediate sale thereof may be very prejudicial: In all such cases it shall be lawful for the Court to take into consideration all circumstances affecting such property, and make any special order touching the same, and to direct that such property shall not be sold, and from time to time to order and direct in what manner such property shall be managed for the benefit of the creditors of such person, until the same can be properly sold, and to make such orders touching the sale or disposition of such property, and upon such terms and conditions with respect to the allowance of interest, or otherwise, as to the Court shall seem just. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 318 Property may be mortgaged if more beneficial. 318. If it shall appear to the Court that the debts of any bankrupt ... can be discharged by means of money raised by way of mortgage on any property of such person, instead of raising the same by sale, it shall be lawful for the Court so to order, and to give all necessary directions for such purpose, and generally to direct all things which may be proper for the discharge of the debts of such person, in such manner as may be most consistent with the interests of such person in any surplus of his or her effects after payment of such debts. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 319 Pay, halfpay, and pensions of bankrupts to be applicable in part for creditors. 319. The Court may order such portion of the pay, half pay, salary, emolument, or pension of any bankrupt ..., as, on communication from the Court to the Secretary-of-War, or the Admiralty, or the Commissioners of the Customs or Excise, or the chief officers of the department to which such bankrupt ... may belong or may have belonged, or under which such pay, half pay, salary, emolument, or pension may be enjoyed by such bankrupt ..., they respectively may, under their hands, or under the hand of their respective chief secretary or other chief officer for the time being, consent to, in writing, to be paid to the official assignee, in order that the same may be applied in payment of the debts of such bankrupt ...; and, such order and consent being lodged in the office of Her Majesty's Paymaster General, ..., or of any other officer or persons appointed to pay or paying any such half pay, salary, emolument, or pension, such portion of the said pay, half pay, salary, emolument, or pension, as shall be specified in such order and consent, shall be paid to such official assignee, until the Court shall make order to the contrary. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 320 Where bankrupt beneficially entitled to stock, Court may order transfer to the assignees. 320. If any bankrupt ... shall have any Government stock, funds, or annuities, or any of the stock of any public company, either in Ireland, England, or Scotland, standing in his name in his own right, it shall be lawful for the Court to order all persons whose act or consent is thereto necessary to transfer the same into the name of the assignees, and to pay all dividends upon the same to the [official assignee] and all such persons whose act or consent is so necessary are hereby indemnified for all things done or permitted pursuant to such order. S.321 rep. by 1969 c.30 (NI) s.132 sch.6. S.322 rep. by 1893 c.53 s.51 sch. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 323 Title to property sold not to be impeached for defects in proceedings. 323. No title to any real or personal estate sold under any bankruptcy ... shall be impeached by the bankrupt ..., or any person claiming under him, in respect of any defect in any of the proceedings. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 324 The Court may order any treasurer, &c., or agent of the bankrupt to deliver all monies, &c. 324. After the adjudication of bankruptcy [otherwise than on a debtor's petition] shall have been advertised in the ... Gazette, or upon the filing of any petition of bankruptcy [by a debtor], it shall be lawful for the Court to order any treasurer or other officer, or any banker, attorney, or solicitor, or other agent of the bankrupt ..., to pay and deliver over to the official assignee, [or to the Bank of Ireland, to the credit of the assignees of the bankrupt or insolvent for the time being], all monies or securities for money in his custody, possession, or power, as such officer or agent, and which he is not by law entitled to retain as against the bankrupt ... or his assignees. S.325 rep. by 1969 c.30 (NI) s.132 sch.6 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 326 Search warrants may be granted. 326. In all cases where it shall be made to appear to the satisfaction of the Court that there is reason to believe that any property of any bankrupt ... is concealed in any house or other place not belonging to such bankrupt ..., the Court may grant a search warrant to [the messenger and his assistants or other] [any] person appointed by the Court; and it shall be lawful for such [messenger and his assistants or other ] person to execute such warrant according to the tenor thereof; and such [messenger and his assistants or other] [persons] [person] shall be entitled to the same protection as is allowed by law in execution of a search warrant for property reputed to be stolen or concealed .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 327 No action to be brought against persons acting in obedience to warrant of the Court, unless warrant be not produced, &c. 327. No action shall be brought against any [messenger or his assistants or other] person appointed by the Court for anything done in obedience to any warrant of the Court, unless demand of the perusal and copy of such warrant hath been made or left at the usual place of abode of such [messenger or his assistant or other] person by the party intending to bring such action, or by his attorney or agent, in writing signed by the party demanding the same, and unless the same hath been refused or neglected for six days after such demand; and if after such demand, and compliance therewith, any action be brought against such [messenger or assistant or] person so appointed, the jury at the trial of such action, on the production and proof of such warrant, shall give their verdict for the defendant. Payments, conveyances, contracts, executions, &c. to be valid, if no notice of prior act of bankruptcy. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 328 328. All payments really and bona fide made by or on behalf of any bankrupt, before the filing of the petition of bankruptcy, to any creditor of such bankrupt, and all payments really and bona fide made to any bankrupt before the filing of such petition and all conveyances by any bankrupt bona fide made and executed before the filing of such petition, and all contracts, dealings, and transactions by and with any bankrupt really and bona fide made and entered into before the filing of such petition, and all executions and attachments against the lands and tenements of any bankrupt bona fide executed by seizure, ..., shall be deemed to be valid, notwithstanding any prior act of bankruptcy by such bankrupt committed: Provided the person so dealing with or paying to or being paid by such bankrupt, ..., had not at the time of such payment, conveyance, contract, dealing, or transaction, ..., notice of any prior act of bankruptcy by him committed: Provided, that nothing herein contained shall be deemed or taken to give validity to any payment, or other dealing or transaction whatever, being a voluntary or fraudulent preference of any creditor by such bankrupt, or to any execution founded on a judgment on a ... [court order] obtained by consent, given by any bankrupt by way of voluntary or fraudulent preference. Ss.329, 330 rep. by 1969 c.30 (NI) s.132 sch.6. S.331 rep. (with saving) by 1969 c.30 (NI) s.132 sch.6; 1981 NI 6 art.147(2) sch.3 para.4 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 332 Bona fide purchases not to be impeached unless petition filed within six months after act of bankruptcy. 332. No purchase from any bankrupt bona fide and for valuable consideration, where the purchaser had notice at the time of such purchase of an act of bankruptcy by such bankrupt committed, shall be impeached by reason thereof, unless a petition of bankruptcy shall have been filed within six months after such act of bankruptcy. Ss.333339 rep. by 1872 c.58 s.5 sch.(A); SLR 1893; 1969 c.30 (NI) s.132 sch.6 1834 c.92 ss.4961, to extend to proceedings under this Act. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 340 340. Such of the clauses of the Fines and Recoveries (Ireland) Act, 1834, as are numbered respectively in the copies of that Act printed by Her Majesty's printers ..., forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, and sixty-one, shall extend and apply to proceedings in bankruptcy under a petition of bankruptcy, ..., as fully and effectually as if those clauses were re-enacted in this Act. Ss.341, 342 rep. by 1965 c.2 s.34 sch.2 Any debtor unable to fulfil his engagements with his creditors may petition the Court for protection. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 343 343. Any [debtor] unable to meet his engagements with his creditors and desirous of laying the state of his affairs before them under the control of the Court, and of submitting himself to the jurisdiction of the Court in manner herein-after mentioned, may present a petition to the Court setting forth the true cause of such inability, and praying that his person and property may be protected from process until further order; and the Court on such petition shall have power to grant such protection, and may renew the same from time to time as it shall think fit, and, if the petitioner be in prison [by virtue only of an order of committal made under [Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981], in respect of a debt incurred prior to the presentation of his petition], may, ... order his release, either absolutely or on condition .... IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 344 Court to appoint private sitting, and estate to be possessed by official assignees, &c. 344. Forthwith after the granting of any order for protection, the Court shall appoint a private sitting to be held at such time as it may name, and upon sufficient cause shown may, if it shall think fit, direct that the estate and effects of the petitioner or any part thereof shall be possessed and received by the official [assignees or be taken possession of by the messenger of the Court, and that all stock, monies, and other effects of the petitioner shall be transferred, delivered, and paid by the official assignees into the Bank of Ireland to the credit of such official assignees] [assignee], to be subject to the like [rules and regulations] [statutory provisions] as in bankruptcy; and the Court shall have power to examine on oath such petitioner or any witness produced by him, or any creditor or person claiming to be a creditor of such petitioner, and to adjourn such private sitting from time to time as it shall think fit; and notice of such private sitting shall be given to the creditors at such time and in such manner as the Court [shall by any general or special order direct] [may order or as may be prescribed by bankruptcy rules].[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 345 Petitioning trader to file account ten days before the day appointed for private sitting 345. Such petitioning trader shall, ten days before the date appointed for the private sitting, file in the Court, and in such form as may by any order to be made in pursuance of this Act be directed, a full account of his debts, and the consideration thereof, and the names, residences, and occupations of his creditors, and also a full account of his estate and effects, whether in possession, reversion, or expectancy, and of all debts and rights due to or claimed by him, and of all property of what kind soever held in trust for him, and shall therein set forth such proposal as he is able to make for the future payment or the compromise of such debts or engagements, and shall furnish the official assignees with a copy of such account.][ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 345 Petitioning debtor's statement of affairs . 345.(1) The petitioning debtor shall within the prescribed period before the date appointed for the private sitting file in the Court a statement of and in relation to his affairs, and paragraphs (1), (5), (6) and (so far as applicable) (7) of Article 10 of the Bankruptcy Amendment (Northern Ireland) Order 1980 shall apply to that statement with the substitution for any reference to the bankrupt of a reference to the petitioning debtor and for the references in the said paragraph (1) to the official assignee of references to the court. (2) The statement shall set forth the debtor's proposal for the future payment or the compromise of his debts or engagements. (3) The debtor shall furnish the official assignee with a copy of the statement. (4) In paragraph (1) "rescribed' means prescribed by bankruptcy rules.] Ss.346, 347 rep. by 1929 c.1 (NI) (20 Geo.5) s.29 sch.2 and replaced by s.5(1) of that Act IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 348 Agent of creditor may vote. 348. Any person duly authorized by writing under the hand of any creditor who has proved a debt to the amount of ten pounds and upwards shall be entitled to vote on the question of assent or dissent to the proposal of such petitioning [debtor]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 349 Estate to vest in official assignees (if required by resolution) either alone or jointly with any other person. 349. From and after the date of the approval and confirmation of such resolution or agreement, all the estate and effects of such petitioning [debtor] shall vest in the [official assignee] (if such shall be required by virtue of such resolution, and either alone or jointly with any person or persons, as may be expressed in such resolution), as fully as if such [official assignee] and other parties were assignees under any bankruptcy.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 350 Official assignees to produce account every six months. 350. The official assignees shall once at least in every six months, or oftener if the Court shall require it, produce to the Court, ..., a full and true account of all monies, property, and effects of such petitioning trader which have come to their hands, and of the disposal thereof; and the Court shall examine the same, and shall certify the result of such examination, and, if need be, order payment to the creditors of such petitioner according to the terms of the resolution or agreement, and may in such account make all just allowances, and may order payment to the official assignee of such sum as a remuneration for his services as shall appear just and reasonable.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 351 If any difficulty arise in the execution of resolution, &c., a special sitting may be held, &c. 351. [In any case where a person has presented a petition for an arrangement with his creditors, and the creditors have assented to such resolution or agreement as aforesaid, and the Court considers it desirable to do so], it shall be lawful for the Court to cause a special sitting of the Court to be held; and the resolution of the majority in number and value of the creditors at such sitting who have proved debts to the amount of ten pounds, to confirm, alter, or annul the whole or any part of such resolution or agreement, shall be as valid as if it had been part of the original resolution or agreement: Provided, however, that if one third in number and value of the creditors of such petitioning [debtor] do not attend such sitting, the resolution thereof shall not be valid, unless the same is approved and confirmed by the Court. S.352 rep. by 1872 c.58 s.5 sch.(A) IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 353 If petitioning debtor do not attend sittings of the Court, or if he do not file account, &c., petition to be dismissed; and if at first sitting proposal be not assented to, or if he has not made true discovery, &c., Court may adjudge him bankrupt, &c. 353. If such petitioning [debtor] shall not duly attend the sittings of the Court, or if he shall not file his [account] [statement of affairs] in manner aforesaid within [the prescribed period or] such extended time as may be allowed him by the Court for such purpose, or if he shall fail to obey any order of the Court which may be made in the matter of his petition, such petition may be dismissed; and if at the first private sitting of the Court or at any adjournment thereof the proposal of the petitioner or some modification thereof be not assented to, or if at any time after the filing of any petition for protection, if it shall be shown that the affidavit filed with his petition was wilfully untrue so far as concerned the assets ready to be produced by him, or that he has not made a full disclosure of his debts and credits, estate and effects, and is not desirous of making a bona fide arrangement with all his creditors, or that his proposal to that effect is not reasonable and proper to be executed under the direction of the Court, or if within three months of the time of presenting his petition he shall have assigned, transferred, or made away with any portion of his estate or effects otherwise than in due course, or shall have voluntarily done or suffered any act where his goods shall have been taken in execution, it shall be lawful for the Court to adjudge such petitioner a bankrupt, and to adjourn all further proceedings in the matter into the public court, and to advertise such adjudication, and appoint sittings for choice of assignees and for [last] examination as in bankruptcy; and such petitioner shall thenceforth be amenable to the jurisdiction of the Court in the same manner as any other bankrupt, and any proposal which may have been made or assented to or confirmed shall be wholly and altogether void; and the Court shall have power at any time, on the application of [the official assignee or] any creditor, to appoint a private sitting for the purpose of inquiry, and may summon before it such petitioning [debtor] or any other person, and examine him upon oath touching such matters; and every such summons and examination shall be enforced in such manner as summonses and examinations are enforced in matters of bankruptcy. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 354 Private sittings, &c. 354. The Court may, if it think fit, from time to time direct that any sitting of the Court or proceeding in any matter under this Act shall be private, and that any part of the proceedings shall not be open to inspection without special order. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 355 Special cases by consent. 355. In any bankruptcy ..., the parties concerned or submitting to the jurisdiction may, at any stage of the proceedings, by consent, state any question or questions in a special case for the opinion of the Court. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 356 Payment of money by party on judgment being given. 356. The parties may, if they think fit, agree that, upon the judgment of the Court being given in the affirmative or negative of the question or questions raised by such special case, a sum of money, fixed by the parties, or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one of such parties to the other of them, either with or without costs. Officer of Court to produce proceedings, and give copies thereof. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 357 357. The proper officer of the Court shall, unless the Court shall otherwise direct, on the reasonable request of any bankrupt, ..., or arranging debtor, or of any creditor of such bankrupt ... having proved his debt, or of any arranging debtor when the debt of the arranging creditor has been admitted in the petition or proved, or on the like request of the attorney of any such bankrupt, ..., debtor, or creditor, produce and show to such bankrupt, ..., debtor, creditor, or attorney, at such times as the Court shall direct, every ..., petition, adjudication, and petition for arrangement against or by such bankrupt [or debtor] ..., and all orders and proceedings under any ..., petition or adjudication; and the Court may, if it think fit, order the official assignee or officer of the Court, as the case may be, to permit such bankrupt, ..., debtor, creditor, or attorney to have inspection at all reasonable times of all books, papers, and writings relating to the matters of such ..., petition, or adjudication, and the estate of the bankrupt, ..., or debtor, in the possession of the assignees, or filed in Court in such matter, and permit him to inspect and examine the same; and such official assignee or such officer shall, subject to the order and direction of the Court, provide, for any such bankrupt, ..., debtor, creditor, or attorney requiring the same, any office copy of such ..., petition, or other proceedings, books, papers, and writings as aforesaid, or of such part thereof as shall be required, [on payment of the appropriate fee]. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 358 If bankrupt do not dispute the adjudication, the Gazette to be conclusive evidence of the bankruptcy as against the bankrupt and against persons whom the bankrupt might have sued. 358.If the bankrupt shall not (if he were within the United Kingdom at the date of the adjudication) within one month after the advertisement of the bankruptcy in the ... Gazette, or (if he were in any other part of Europe at the date of the adjudication) within three months after such advertisement, or (if he were elsewhere at the date of the adjudication) within twelve months after such advertisement, have commenced a suit to dismiss the petition or to dispute or annul the adjudication, and shall not have prosecuted the same with due diligence and with effect, the Gazette containing such advertisement shall be conclusive evidence in all cases as against such bankrupt, and in all suits brought by the assignees for any debt or demand for which such bankrupt might have sustained any suit, that such person so adjudged bankrupt became a bankrupt before the date and filing of the petition for adjudication. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 359 In certain proceedings by or against any person acting under the bankruptcy, no proof required at the trial of petitioning creditor's debt, trading, or act of bankruptcy, unless notice be given that those matters are to be disputed. 359. In any [legal proceedings instituted by] or against the assignees in bankruptcy, or against any person acting under the warrant of the Court, for anything done under such warrant, no proof shall be required at the trial of the petitioning creditor's debt, or of the ... act of bankruptcy ..., unless the other party in such action shall, if defendant, at or before pleading, and, if plaintiff, before or with notice of trial, give notice in writing to such assignees or other person that he intends to dispute some and which of such matters; and in case such notice shall have been given, if such assignees or other person shall prove the matter so disputed, or the other party admit the same, [the court seized of the proceedings may] grant a certificate of such proof or admission; and such assignees or other person shall be entitled to the costs occasioned by such notice. Ss.360363 rep. by 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 364 Advertisements, when evidence. 364. A copy of the ... Gazette, and of any newspaper, containing any such advertisement as is by this Act directed or authorized to be made therein respectively, shall be evidence of any matter therein contained, and of which notice is by this Act directed or authorized to be given by such advertisement. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 365 On death of witness, deposition or office copy thereof to be evidence. 365. In the event of the death of any witness deposing to the petition creditor's debt, ..., or act of bankruptcy, under any bankruptcy ..., or under any petition for arrangement, the deposition of any such deceased witness, purporting to be sealed with the seal of the Court, or a copy thereof, purporting to be so sealed, shall in all cases be received as evidence of the matters therein respectively contained. Ss.366369 rep. by SLR 1893; 1953 c.18 (NI) s.45; 1978 c.23 s.122(2) sch.7 Pt.I; 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 370 Examination of witnesses at a distance from Belfast in certain cases. 370. For the purpose of facilitating the examination of witnesses at a distance from [Belfast], it shall be lawful for the Court, either before or after adjudication, on the application of any person interested in the estate of the bankrupt or alleged bankrupt, or liable to be examined with reference thereto, or of its own discretion, to direct that an oral examination of witnesses shall be held at any place in the United Kingdom of Great Britain and Ireland, not being distant from the Court of Bankruptcy less than twenty miles, subject to the following provisions: First. The direction shall be given by an order under the hand of a judge and seal of the Court: Second. The order shall specify where and when and before whom the examination is to be held, and the matters upon which evidence is to be taken and what parties are to be entitled to attend such examination: Third. The examiner to be named in the order shall be either such person as the parties appearing before the Court on the application for such examination shall with the approbation of the Court appoint, or such person, being a practising barrister or solicitor, and residing near the place of examination, as the Court shall appoint: Fourth. Every person who shall be appointed to be such examiner shall, before entering on his office, take the following oath ...: In the matter of A.B., a bankrupt [or alleged bankrupt]. "You shall, according to the best of your skill and knowledge, truly, faithfully, and without partiality to any or either of the parties in this matter, take the examinations and depositions of all and every witness and witnesses produced and examined by virtue of the order of the Court of Bankruptcy and Insolvency herein dated the day 18, and duly and faithfully transmit such depositions, when completed, to the said Court. Fifth. The witnesses to be examined shall be summoned and may be required to produce books, papers, deeds, writings, and other documents, in the same manner as witnesses to be examined before the Court; and the examiner shall have power to administer an oath to every witness: Sixth. The examination shall take place in the presence of the parties, their counsel, solicitors, or agents; and the witnesses shall be examined orally, and shall be subject to cross-examination and re-examination: Seventh. The depositions taken upon such examination shall be taken down in writing by the examiner, not ordinarily by question and answer, but in the form of a narrative, and when completed shall be read over to the witness, and signed by him in the presence of the parties: Eighth. In case the witness shall refuse to sign the depositions then the examiner shall sign the same; and such examiner may upon all examinations state any special matter to the Court as he shall think fit: Provided also, that it shall be in the discretion of the examiner to put down any particular question or answer, if there should appear any special reason for doing so; and any question or questions which may be objected to shall be noticed or referred to by the examiner in or upon the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement on the face of the depositions; but he shall not have power to decide upon the materiality or relevancy of any question or questions; and the Court shall have power to deal with the costs of immaterial or irrelevant depositions as may be just: Ninth. When the examination of witnesses before the examiner shall have been concluded, the original depositions, authenticated by the signature of such examiner, shall be transmitted by him to the Court, to be there filed: Tenth. In case it shall become necessary or expedient, for the purposes of any such examination, that the books, papers, or other documents in the custody of the Court relating to the estate or dealings of any bankrupt should be transmitted to the examiner so to be appointed as aforesaid, it shall be lawful for the Court to direct the whole or any part of such books, papers, or documents to be so transmitted to him, either through the post or in any other way which the Court shall direct; and the same shall remain in his custody during the continuance of such examination, and on the conclusion thereof shall be returned and transmitted to the Court in like manner and along with the depositions: Eleventh. The Court in granting an application for an examination in the country may impose such terms as to costs or otherwise as it shall think fit; and it shall also be lawful for the Court to order the payment of the costs of and incident to any such examination, or any part thereof, to be borne either by the estate of the bankrupt or otherwise by such parties and in such manner as it may think fit: Provided always, that the amount to be allowed to any examiner specially appointed as aforesaid in respect of his attendance at any such examination shall be regulated in such manner as shall be prescribed by any order of [the Lord High Chancellor of Great Britain] in that behalf. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 371 Forms of rules and proceedings of the Court, &c. 371. All rules, orders, warrants, and other proceedings of the Court may be in such form and contain such particulars [ as the Court shall by any general orders to be made from time to time direct] [as may be prescribed by bankruptcy rules]; and the same shall not be invalidated by reason of any want of form or omission therein, if such want of form or omission shall not, in the opinion of the Court before whom the same shall be brought, be calculated to mislead or prejudicially to affect any party to be affected thereby. Ss.372384 rep. by 1872 c.58 s.5 sch.(A); SLR 1875; SLR (NI) 1954; 1969 c.16 (NI) s.31(2) sch.3 Pt.I; 1976 NI 12 art.82(1) sch.3; 1978 c.23 s.122(2) sch.7 Pt.I Any person refusing to be sworn, or refusing to answer, or not fully answering, or refusing to sign examination, or to produce books, &c., may be committed. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 385 385. If any person shall refuse to be sworn, or shall refuse to answer any lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court), or shall not produce any books, papers, deeds, and writings, or other documents in his custody or power relating to any of the matters under inquiry which such person is required by the Court to produce, and to the production of which he shall not state any objection allowed by the Court, it shall be lawful for the Court by warrant to commit such person to such prison as such Court shall think fit, there to remain without bail until he or she shall submit himself or herself to such Court to be sworn, and full answers made to the satisfaction of such Court to all such lawful questions as shall be put, and sign and subscribe such examination, and produce such books, papers, deeds, writings, and other documents in his custody or power.]Copy of the examination to be furnished to the person committed, &c. [ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 386 Warrant of committal for unsatisfactory answering, or refusing to answer, need not specify questions. 386. In any warrant of committal of any person by the Court for refusing to answer any question, or for not fully answering to the satisfaction of the Court, or for refusing to subscribe his examination, it shall not be necessary to set forth or specify any such questions, nor any part of the examination of the person so committed, but it shall be sufficient to refer in the said warrant to the examination or deposition of the person as remaining on the file of proceedings, and to specify in the said warrant the precise date of the examination or deposition so referred to: Provided, however, that in every case in which any person shall be so committed for refusing to answer or for not fully answering any question put to him, every such question shall be specified in the examination or deposition of the person committed remaining on the file of proceedings, and so referred to as aforesaid: And provided also, that a copy of the said examination or deposition so referred to shall be delivered personally to the person committed within twenty-four hours next after his actual committal to prison; and in default of the said copy being delivered the person committed shall be discharged from custody, either by the Court, or by the judge before whom such person may be brought by habeas corpus, with such costs, if any, as the said Court or judge may deem just; and, save as herein above provided, no person shall be discharged from such custody for mere matter of form, but upon the merits only.] S.387 rep. by SLR 1893[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 388 On habeas corpus, Court or judge may inspect the whole examination. 388. If any person so committed for unsatisfactory answering shall sue forth any writ of habeas corpus in order to be discharged from such commitment, it shall be lawful for the Court or judge before whom such person shall be brought to inspect and consider the whole of the examination or deposition of such person so referred to as aforesaid; and if it shall appear from the whole examination that the answer or answers of the person committed is or are satisfactory, such Court or judge shall and may order the person so committed to be discharged.] IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 389 Obstructing messenger. 389. If any person shall knowingly and wilfully resist, hinder, or obstruct [any messenger of the Court in the execution of his duty as such messenger] [in the execution of his duty any officer of the Court or person acting under warrant of the Court], every such person so offending shall be [deemed guilty of a misdemeanor, and, being thereof duly convicted, shall be liable] [guilty of an offence and shall be liable on summary conviction] to imprisonment, ... for any term not exceeding six months.[ IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 390 Assignee disobeying direction to pay or invest money, and retaining it, or permitting co-assignee to retain or employ it, to be charged with 20 per cent. interest. 390. If any assignee shall retain in his hands or employ for his own benefit, or knowingly permit any co-assignee so to retain or employ any sum to the amount of more than one hundred pounds, part of the estate of any bankrupt or insolvent, or shall neglect to invest any money in the purchase of Exchequer bills or in the public funds, when directed by the Court, every such assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty per centum per annum on all such money for the time during which he shall have so retained or employed the same, or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same; and the Court is hereby required to charge every such assignee in his account accordingly.] S.391 rep. by SLR 1893; 1948 c.62 s.4(a); 1980 NI 4 art.44(2)(b) sch.3 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 392 Petitioning creditor compounding with trader after bankruptcy. 392. If any petitioning creditor shall after the bankruptcy receive any money, satisfaction, or security for his debt or any part thereof, whereby such petitioning creditor may receive more in the pound in respect of his debts than the other creditors, such petitioning creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction, or security, or the full value thereof, to the assignee or assignees of such bankrupt, for the benefit of the creditors of the bankrupt. Ss.393, 394 rep. by 1872 c.58 s.5 sch.(A). S.395 rep. by SLR 1976. S.396 rep. by 1980 NI 4 art.44(2)(b) sch.3. S.397 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.II. S.398 rep. by SLR 1976 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 399 Application of forfeitures. 399. All sums of money forfeited under this Act may be sued for by the assignees of the estate and effects of any bankrupt ... connected therewith or interested therein in [any court of competent jurisdiction]; and such sums of money, when recovered shall be added to and form part of the estate. Ss.400408 rep. by SLR 1893 IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 409 Act to extend to aliens and denizens. 409. This Act shall extend to aliens and denizens, both to make them subject thereto and to entitle them to all the benefits given thereby. IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 410 Extent of Act. 410. This Act shall not extend to either England or Scotland, except where the same are expressly mentioned. Schedule (A) rep. by SLR 1875. Schedule (B) rep. by 1965 c.2 s.34 sch.2. Schedule (C) rep. by SLR 1976. Schedules (D)(Y) rep. by SLR 1875. Schedule (Z) rep. by SLR 1893

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Statutes of Northern Ireland