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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 328

328. All payments really and bona fide made by or on behalf of any bankrupt,
before the filing of the petition of bankruptcy, to any creditor of such
bankrupt, and all payments really and bona fide made to any bankrupt before
the filing of such petition and all conveyances by any bankrupt bona fide made
and executed before the filing of such petition, and all contracts, dealings,
and transactions by and with any bankrupt really and bona fide made and
entered into before the filing of such petition, and all executions and
attachments against the lands and tenements of any bankrupt bona fide executed
by seizure, ..., shall be deemed to be valid, notwithstanding any prior act of
bankruptcy by such bankrupt committed: Provided the person so dealing with or
paying to or being paid by such bankrupt, ..., had not at the time of such
payment, conveyance, contract, dealing, or transaction, ..., notice of any
prior act of bankruptcy by him committed: Provided, that nothing herein
contained shall be deemed or taken to give validity to any payment, or other
dealing or transaction whatever, being a voluntary or fraudulent preference of
any creditor by such bankrupt, or to any execution founded on a judgment on a
... [court order] obtained by consent, given by any bankrupt by way of
voluntary or fraudulent preference.

Ss.329, 330 rep. by 1969 c.30 (NI) s.132 sch.6. S.331 rep. (with saving) by
1969 c.30 (NI) s.132 sch.6; 1981 NI 6 art.147(2) sch.3 para.4

© 1857 Crown Copyright

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