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BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 56

56. When a bankrupt has passed his final examination in a bankruptcy heard
before the Court under the provisions of the said Act as amended by this Act,
or when a bankruptcy wound up by a trustee and a committee of inspection as
herein-after provided has closed, or at any time during its continuance with
the assent of the creditors testified by a special resolution, the bankrupt
may apply to the Court for a certificate of conformity; but such certificate
shall not be granted unless it is proved to the Court that one of the
following conditions has been fulfilled:

(1)In a bankruptcy heard before the Court under the provisions of the said Act
as amended by this Act, that a dividend of not less than [50p] in the pound
has been paid out of his property, or that his bankruptcy or the failure to
pay [50p] in the pound has in the opinion of the Court arisen from
circumstances for which the bankrupt cannot justly be held responsible.

(2)In a bankruptcy wound up by a trustee and a committee of inspection, either
that a dividend of not less than [50p] in the pound has been paid out of his
property, or might have been paid except through the negligence or fraud of
the trustee, or that a special resolution of his creditors has been passed to
the effect that his bankruptcy or the failure to pay [50p] in the pound has in
their opinion arisen from circumstances for which the bankrupt cannot be held
responsible, and that they desire that a certificate should be granted to him.
The Court may suspend for such time as it deems to be just, or withhold
altogether, the certificate in the circumstances following:

(1)If a prosecution has been commenced against the bankrupt in pursuance of
the provisions relating to the punishment of fraudulent debtors contained in
the Debtors Act (Ireland), 1872, in respect of any offence alleged to have
been committed by him against the last-mentioned Act:

(2)If in the case of a bankruptcy heard before the Court under the provisions
of the said Act as amended by this Act, the Court is of opinion that the
bankrupt has not made a full disclosure and discovery of his estate and
effects or has made default in giving up to his creditors the property which
he is required by the said Act or this Act to give up:

(3)If in the case of a bankruptcy wound up by a trustee and a committee of
inspection, it appears to the Court on the representation of the creditors
made by special resolution, of the truth of which representation the Court is
satisfied, or by other sufficient evidence that the bankrupt has not made a
full disclosure and discovery of his estate and effects, or has made default
in giving up to his creditors the property which he is required by
the said Act or this Act to give up.][

© 1872 Crown Copyright

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