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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 129

Bankrupt to have notice before advertisement of adjudication, and sufficient time to show cause.

129. Before notice of any adjudication of bankruptcy on any creditor's
petition shall be given in the ... Gazette, a duplicate of such adjudication
shall be served on the person adjudged bankrupt, personally, or by leaving the
same at the usual or last known place of abode or place of business of such
person; and such person shall be allowed three days, or such extended time,
not exceeding seven days in the whole, as the Court shall think fit, from the
service of such duplicate, to show cause to the Court against the validity of
such adjudication; and if such person shall within such time show to the
satisfaction of the Court that the petitioning creditor's debt, ..., and act
of bankruptcy, upon which such adjudication has been grounded, or ... either
of such matters, are insufficient to support such adjudication, and if no
other creditor's debt, ..., and act of bankruptcy, sufficient to support such
adjudication, shall be proved to the satisfaction of the Court, the Court
shall thereupon order such adjudication to be annulled, and the same shall be
annulled accordingly; but if at the expiration of the said time no cause shall
have been shown to the satisfaction of the Court for the annulling of such
adjudication, the Court shall forthwith cause notice of such adjudication to
be given in the ... Gazette: Provided always, that nothing herein contained
shall be construed to prevent the immediate seizure of the goods of the
bankrupt upon the adjudication of bankruptcy.[


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© 1857 Crown Copyright

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