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DEBTORS ACT (IRELAND) 1872 - SECT 11

11.(1) Any person adjudged bankrupt, and any person who shall have presented a
petition for an arrangement with his creditors, in pursuance of the
Irish Bankrupt and Insolvent Act, 1857, as amended by the
Bankruptcy (Ireland) Amendment Act, 1872, shall, in each of the cases
following, be deemed guilty of a misdemeanor, and on conviction thereof [on
indictment], shall be liable [where no other penalty is expressly mentioned]
to be imprisoned for any time not exceeding two years [or on summary
conviction thereof shall be liable to be imprisoned for any time not exceeding
one year]...; that is to say

(1)If he does not, to the best of his knowledge and belief, fully and truly
discover to the court, or to the assignee or assignees, or to such person or
persons as the court shall from time to time direct, or to the trustees or
trustee (if any) administering his estate for the benefit of his creditors,
all his property, real and personal, and how, and to whom and for what
consideration, and when he disposed of any part thereof, except such part as
has been disposed of in the ordinary way of his trade (if any), or laid out in
the ordinary expense of his family, unless the jury is satisfied that he had
no intent to defraud:

(2)If he does not deliver up to the assignees or to said trustees or trustee
(if any), or as they or he or the court shall direct, all such part of his
real and personal property as is in his custody or under his control, and
which he is required by law to deliver up, unless the jury is satisfied that
he had no intent to defraud:

(3)If he does not deliver up to the assignees or to said trustees or trustee
(if any), or as they or the court shall direct, all books, documents, papers,
and writings in his custody or under his control relating to his property or
affairs, unless the jury is satisfied that he had no intent to defraud:

(4)If after the presentation of a bankruptcy petition by or against him, or
after the presentation of a petition for arrangement by him, or within [twelve
months] next before such presentation respectively, he conceals any part of
his property to the value of [#120] or upwards, or conceals any debt due to or
from him, unless the jury is satisfied that he had no intent to defraud:

(5)If after the presentation of a bankruptcy petition by or against him, or
after the presentation of a petition for arrangement by him, or within [twelve
months] next before such presentation respectively, he fraudulently removes
any part of his property of the value of [#120] or upwards:

(6)If he makes any material omission in any statement relating to his affairs,
unless the jury is satisfied that he had no intent to defraud:

(7)If, knowing or believing that a false debt has been proved by any person
under the bankruptcy or arrangement, he fail for the period of a month to
inform the assignees or one of them, or such trustees or trustee (if any)
thereof:

(8)If after the presentation of a bankruptcy petition by or against him, or
after the presentation of a petition for arrangement by him, he prevents the
production of any book, document, paper, or writing affecting or relating to
his property or affairs unless the jury is satisfied that he had no intent to
conceal the state of his affairs or to defeat the law:

(9)If after the presentation of a bankruptcy petition against or by him, or
after the presentation of a petition for an arrangement by him, or within
[twelve months] next before such presentation respectively, he conceals,
destroys, mutilates, or falsifies, or is privy to the concealment,
destruction, mutilation, or falsification of any book or document affecting or
relating to his property or affairs, unless the jury is satisfied that he had
no intent to conceal the state of his affairs or to defeat the law:

<(10)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within [twelve months] next before such presentation respectively, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law:


<(11)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within [twelve months] next before such presentation respectively, he fraudulently parts with, alters, or makes any omission or is privy to the fraudulently parting with, altering, or making any omission, in any document affecting or relating to his property or affairs:


<(12)If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or at any meeting of his creditors within [twelve months] next before such presentation respectively, he attempts to account for any part of his property by fictitious losses or expenses:


Paras.(13)(14) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

<(15)If within [twelve months] next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud:


<(16)If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or arrangement.


[(2) Any person guilty of a misdemeanour in the cases mentioned respectively
in paragraphs (13), (14) and (15) of the last foregoing sub-section shall be
liable on conviction on indictment to penal servitude for any term not
exceeding five years....

(3) Where any person pawns, pledges or disposes of any property in
circumstances which amount to a misdemeanour under paragraph (15) of
sub-section (1) of this section, every person who takes in pawn or pledge or
otherwise receives the property knowing it to be pawned, pledged or disposed
of in such circumstances as aforesaid shall be guilty of a misdemeanour, and
on conviction thereof liable [on conviction on indictment to imprisonment for
not more than seven years or on summary conviction to imprisonment for a term
not exceeding six months or to a fine not exceeding a hundred pounds or to
both].

© 1872 Crown Copyright

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