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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[


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