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BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 21

Acts of bankruptcy.

21. The following acts or defaults shall be herein-after deemed to be and
included under the expression "acts of bankruptcy":

(1)That the debtor has, in Ireland, or elsewhere, made a conveyance or
assignment of his property to a trustee or trustees for the benefit of his
creditors generally:

(2)That the debtor has, in Ireland, or elsewhere, made a fraudulent
conveyance, gift, delivery, or transfer of his property or of any part
thereof:

(3)That the debtor has, with intent to defeat or delay his creditors, done any
of the following things, namely, departed out of [Northern Ireland]; or being
out of [Northern Ireland] remained out of [Northern Ireland]; or... departed
from his dwelling-house or otherwise absented himself; or begun to keep
house;...:

(e)(4)That the debtor has filed in the Court a declaration of his inability to
pay his debts or has presented a bankruptcy petition against himself:]

[(5)That the goods of the debtor have been seized pursuant to an order of
seizure made under [the Judgments Enforcement (Northern Ireland) Order 1981]
and have been sold or held by the Enforcement of Judgments Office for a period
of twenty-one days, so however that, where such an order has been stayed by
that Office or an application is made under [Article 44 of that Order] in
relation to the goods seized, then the said period shall be calculated without
regard to the time elapsing between the date of the making of such application
and the date on which the proceedings thereon are settled, abandoned or
otherwise finally disposed of:

(5A)That a certificate of unenforceability has been granted in respect of a
judgment against the debtor under [Article 19 of the Judgments Enforcement
(Northern Ireland) Order 1981:]]

(6)That the creditor presenting the petition has served in the prescribed
manner on a debtor's summons requiring a debtor to pay a sum due, of an amount
of not less than [#200], and the debtor [has for the space of 10 days]
succeeding the service of such summons, neglected to pay such sum, or to
secure or compound for the same:

(7)That the debtor has filed a petition for arrangement with his creditors
under the provisions of the said Act as amended by this Act, and that such
petition has been dismissed:

[(8)That in Northern Ireland or elsewhere the debtor makes any conveyance or
transfer of his property or any part thereof, or creates any charge thereon,
which would under this or any other Act be void as a fraudulent preference if
he were adjudged bankrupt:]

[(9)That, the debtor being a solicitor, the Incorporated Law Society of
Northern Ireland have been appointed his attorney by virtue of Part III of the
Solicitors (Northern Ireland) Order 1976.]

The debt of the petitioning creditor must be a liquidated sum, and must not be
a secured debt, unless the petitioner state in his petition that he will be
ready to give up such security for the benefit of the creditors in the event
of the debtor being adjudicated a bankrupt, or unless the petitioner is
willing to give an estimate of the value of his security, in which latter case
he may be admitted as a petitioning creditor to the extent of the balance of
the debt due to him after deducting the value so estimated,....

Every person who has given credit to any debtor upon valuable consideration
for any sum payable at a certain time, which time shall not have arrived when
such debtor committed an act of bankruptcy, may, subject to the provisions of
the preceding clause, petition or join in petitioning for adjudication against
such debtor.

Ss.22, 23 rep. by 1980 NI4 art.44(2)(b) sch.3. Ss.2427 rep. by SLR (NI) 1954.
Ss.28, 29 rep. by 1980 NI4 art.44(2)(b) sch.3

© 1872 Crown Copyright

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