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TABLE OF PROVISIONS
Long Title
3. Short title.
4. Interpretation.
8. Construction of former Acts, &c. as to any commission of bankrupt.
9. Computation of time.
24. Section 24
30. No appeal from certain orders of the Court.
31. Exclusive jurisdiction over debtors in Ireland.
34. Appeal to the House of Lords.
60. Section 60
61. Money, &c. to be paid by assignees into the Bank of Ireland, &c.
62. Messengers to follow instructions of official assignees.
63. Official assignee to act as sole assignee till creditors chose
assignee, &c.;
64. but not to interfere with creditors assignee in appointment of
solicitor, &c.
65. Official assignee not personally liable for acts done in execution
of duty.
66. Setting aside proceedings against official assignee.
69. Section 69
70. Travelling expenses, &c.
71. Messengers not to act as agents, &c.
72. Section 72
73. Execution of warrant in England.
74. Execution of warrant in Scotland.
75. Authority of messenger, &c. in England and Scotland.
87. Section 87
87. Record of proceedings.
88. Shorthand writer to take oath.
89. Remuneration to shorthand writer.
114. Section 114
115. No person liable upon act of bankruptcy committed more than six
months before petition, &c.
116. Section 116
120. Debtor may petition against himself.
121. If adjudication be not obtained within five days after petition, any
other creditor may proceed on it, &c.
122. Petitions may be presented against one or more partners.
123. Proceedings in cases of a second petition against or by one or
more members of a firm.
124. Arrest of bankrupt about to quit Ireland, or to remove or conceal
his goods.
125. If bankrupt be keeping out of the way or be about to quit
Ireland, &c., Court may issue warrant for his arrest.
126. Court may, before adjudication, summon witnesses to prove act of
bankruptcy.
127. Court to make adjudication, &c., upon certain proofs.
128. In case petitioning creditor's debt be insufficient, Court may
proceed upon application of any other creditor.
129. Bankrupt to have notice before advertisement of adjudication, and
sufficient time to show cause.
130. Court to appoint sittings for bankrupt to surrender and conform.
131. Adjudication before expiration of time for showing cause.
132. Allowance for attendance.
135. Petitioning creditor to proceed at his own costs until choice of
assignees.
136. Petition, &c., not to be invalid by reason only of concert.
137. Death of bankrupt.
138. Section 138
139. As to bankrupt apprehended by warrant, and afterwards submitting to
be examined.
140. Court may adjourn last examination sine die.
142. Release of bankrupt committed for default.
146. Section 146
147. Bankrupt not liable upon any promise to pay debt discharged by
certificate.
148. Bankrupt having obtained his certificate shall be free from arrest,
&c.
149. Section 149
150. Mode of voting in deciding upon such composition.
246. Section 246
247. Undisputed debts may be admitted as if proved.
248. Bona fide creditors in respect of debts contracted after an act of
bankruptcy, may prove.
250. Apprentices to bankrupts discharged from their indentures.
251. Mutual debts and credits may be set off.
252. Debts not payable at time of bankruptcy may be proved, deducting
relate of interest.
253. Sureties and persons liable for the debts of a bankrupt may prove,
after having paid such debts.
254. Proofs in cases of marine insurance.
255. Annuity creditor admitted to prove.
256. Proceedings against sureties for payment of annuities granted by
bankrupt.
257. Proof of contingent debts.
258. Contingent liabilities of bankrupt.
259. Bankruptcy of agent intrusted with goods.
260. Interest upon debts, when provable through not reserved or agreed
for.
261. Plaintiff or defendant obtaining judgment, &c., entitled to prove for
costs, &c.
262. Proving debt to be an election not to proceed by action, &c.
263. Court may expunge proof of any debts not due.
265. Section 265
266. Joint creditor entitled to prove for the purpose of voting in the
choice of assignees.
267. Personal estate to vest in assignees.
268. Real estate to vest in assignees.
269. Where a conveyance of any property of a bankrupt would require to
be registered the certificate of the vesting thereof in the
assignees shall be registered.
271. Liability of assignees or covenants of bankrupt in conveyances,
leases, &c.
272. Vendor of estate in lands may compel assignees to elect whether
they will abide by or decline the agreement for sale.
273. Assignees may execute powers vested in bankrupt.
274. Court may order bankrupts to join in conveyances.
275. Conditional estates granted by the bankrupt may be redeemed.
276. Assignees may appoint the bankrupt to manage the estate.
277. Assignees subject to orders of Court.
278. On member of a firm becoming bankrupt, the Court may authorize suit
in name of assignees and of remaining partner.
279. Assignees may institute or defend suits, and compound for debts or
submit disputes to arbitration.
280. Reference to arbitration to be made a rule of Court.
281. Persons from whom the assignees have recovered, or who have paid
the assignees, &c., discharged from claims by the bankrupt.
283. Suits not to abate by death or removal of assignees.
286. Section 286
287. Court may direct money to be invested in Exchequer bills, &c.
288. Method of making dividends.
289. Sitting for audit and dividend.
290. Final dividend within eighteen months, except where suits depending
or estates not sold, &c.
291. Outstanding debts, &c. may be sold by the assignees after a certain
time.
292. Debtor and creditor account to be furnished by official assignee to
creditors assignee before final dividend, &c.
293. No action to be brought for dividends.
295. Section 295
296. Court may direct investment.
298. Section 298
299. Section 299
301. Allowance to bankrupt for maintenance or service.
304. Surplus of estate to be paid to bankrupt.
305. Section 305
306. Court may examine bankrupt as to his estate, &c.
307. Court may summon and examine the spouse of bankrupt.
308. Court may summon persons suspected of having bankrupt's property, &c.
310. Power to examine persons summoned or present at any sitting.
311. In case of debts due to bankrupt's estate, Court may order payment.
312. Court may order letters addressed to bankrupt to be re-directed or
delivered to official assignees, &c.
313. Court may order goods in the possession, order, or disposition of
the bankrupt to be sold, &c.
313A. Hire-purchase etc., agreements .
316. Court may permit mortgagees to bid at sale.
317. Disposal of property where sale prejudicial.
318. Property may be mortgaged if more beneficial.
319. Pay, halfpay, and pensions of bankrupts to be applicable in part
for creditors.
320. Where bankrupt beneficially entitled to stock, Court may order
transfer to the assignees.
323. Title to property sold not to be impeached for defects in
proceedings.
324. The Court may order any treasurer, &c., or agent of the bankrupt
to deliver all monies, &c.
326. Search warrants may be granted.
327. No action to be brought against persons acting in obedience to
warrant of the Court, unless warrant be not produced, &c.
328. Section 328
332. Bona fide purchases not to be impeached unless petition filed within
six months after act of bankruptcy.
340. Section 340
343. Section 343
344. Court to appoint private sitting, and estate to be possessed by
official assignees, &c.
345. Petitioning trader to file account ten days before the day appointed
for private sitting
345. Petitioning debtor's statement of affairs .
348. Agent of creditor may vote.
349. Estate to vest in official assignees (if required by resolution)
either alone or jointly with any other person.
350. Official assignees to produce account every six months.
351. If any difficulty arise in the execution of resolution, &c., a
special sitting may be held, &c.
353. If petitioning debtor do not attend sittings of the Court, or if
he do not file account, &c., petition to be dismissed; and if at
first sitting proposal be not assented to, or if he has not made
true discovery, &c., Court may adjudge him bankrupt, &c.
354. Private sittings, &c.
355. Special cases by consent.
356. Payment of money by party on judgment being given.
357. Section 357
358. If bankrupt do not dispute the adjudication, the Gazette to be
conclusive evidence of the bankruptcy as against the bankrupt and
against persons whom the bankrupt might have sued.
359. In certain proceedings by or against any person acting under the
bankruptcy, no proof required at the trial of petitioning creditor's
debt, trading, or act of bankruptcy, unless notice be given that
those matters are to be disputed.
364. Advertisements, when evidence.
365. On death of witness, deposition or office copy thereof to be
evidence.
370. Examination of witnesses at a distance from Belfast in certain
cases.
371. Forms of rules and proceedings of the Court, &c.
385. Section 385
386. Warrant of committal for unsatisfactory answering, or refusing to
answer, need not specify questions.
388. On habeas corpus, Court or judge may inspect the whole examination.
389. Obstructing messenger.
390. Assignee disobeying direction to pay or invest money, and retaining
it, or permitting co-assignee to retain or employ it, to be charged
with 20 per cent. interest.
392. Petitioning creditor compounding with trader after bankruptcy.
399. Application of forfeitures.
409. Act to extend to aliens and denizens.
410. Extent of Act.
[ Note: This table has been automatically generated and may be incomplete. ]
© 1857 Crown Copyright
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