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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 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.

353. If such petitioning [debtor] shall not duly attend the sittings of
the Court, or if he shall not file his [account] [statement of affairs] in
manner aforesaid within [the prescribed period or] such extended time as may
be allowed him by the Court for such purpose, or if he shall fail to obey any
order of the Court which may be made in the matter of his petition, such
petition may be dismissed; and if at the first private sitting of the Court or
at any adjournment thereof the proposal of the petitioner or some modification
thereof be not assented to, or if at any time after the filing of any petition
for protection, if it shall be shown that the affidavit filed with his
petition was wilfully untrue so far as concerned the assets ready to be
produced by him, or that he has not made a full disclosure of his debts and
credits, estate and effects, and is not desirous of making a bona fide
arrangement with all his creditors, or that his proposal to that effect is not
reasonable and proper to be executed under the direction of the Court, or if
within three months of the time of presenting his petition he shall have
assigned, transferred, or made away with any portion of his estate or effects
otherwise than in due course, or shall have voluntarily done or suffered any
act where his goods shall have been taken in execution, it shall be lawful for
the Court to adjudge such petitioner a bankrupt, and to adjourn all further
proceedings in the matter into the public court, and to advertise such
adjudication, and appoint sittings for choice of assignees and for [last]
examination as in bankruptcy; and such petitioner shall thenceforth be
amenable to the jurisdiction of the Court in the same manner as any other
bankrupt, and any proposal which may have been made or assented to or
confirmed shall be wholly and altogether void; and the Court shall have power
at any time, on the application of [the official assignee or] any creditor, to
appoint a private sitting for the purpose of inquiry, and may summon before it
such petitioning [debtor] or any other person, and examine him upon oath
touching such matters; and every such summons and examination shall be
enforced in such manner as summonses and examinations are enforced in matters
of bankruptcy.


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© 1857 Crown Copyright

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