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DEEDS OF ARRANGEMENT AMENDMENT ACT 1890 - SECT 2

Accounts and proposals in petitions for arrangement to be registered.

2.(1) Copies of every petition filed in the court of bankruptcy... in Ireland,
under the provisions of section three hundred and forty-three of the
Irish Bankrupt and Insolvent Act, 1857, and of the affidavit of assets and
liabilities and proceedings instituted by creditors [required by bankruptcy
rules (within the meaning of that Act)]..., shall be filed in the bills of
sale office of the Queen's Bench Division of the High Court.

(2) Such copies shall be filed in the said office within two days after the
originals have been filed in such court of bankruptcy,....

(3) A copy of every order confirming a resolution of creditors made in the
matter of a petition filed in the court of bankruptcy... in Ireland in
accordance with the provisions of the said section of the said Act, shall also
be filed in the bills of sale office of the Queen's Bench Division of the High
Court.

(4) Such copies shall be filed by the petitioning debtor within two clear days
after the making of the order confirming such resolution.

(5) The court of bankruptcy... in Ireland shall not [approve and confirm the
resolution or agreement of the creditors] in the matter of a petition for
arrangement until it is shown to the satisfaction of the court that
sub-sections one and two of this section have been complied with.

(6) The seventh [and ninth] [sections] of the principal Act, so far as the
said [sections] may be applicable, shall apply to every document and affidavit
filed in pursuance of this section, provided always that in such application
[of the seventh section], the date of filing a petition for arrangement shall
be substituted for the date of a deed of arrangement [and in such application
of the ninth section a reference to the omission to file the copies mentioned
in subsection (1) or (3) of this section within the time required by
subsection (2) or (4) respectively shall be substituted for the reference to
the omission to register a deed of arrangement within the time required by
that Act].

(7) The several documents filed in pursuance of this section shall for the
purposes thereof... be deemed to be a deed of arrangement; and the provisions
of section fifteen, sub-section one, of the principal Act shall apply thereto,
and [section 116 of the Judicature (Northern Ireland) Act 1978], and any
enactment for the time being in force amending or substituted for the said
section, shall apply to fees under this Act, and orders under the said section
may, if need be, be made in relation to such fees accordingly.

(8) Notwithstanding anything contained in the
Irish Bankrupt and Insolvent Act, 1857, and the
Bankruptcy (Ireland) Amendment Act, 1872, the eleventh and twelfth sections of
the principal Act shall apply to every document and affidavit filed in the
Queen's Bench Division of the High Court under this Act.

S.3 rep. by 1978 c.23 s.122(2) sch.7 Pt.II


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© 1890 Crown Copyright

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