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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.][


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© 1857 Crown Copyright

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