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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 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.

359. In any [legal proceedings instituted by] or against the assignees in
bankruptcy, or against any person acting under the warrant of the Court, for
anything done under such warrant, no proof shall be required at the trial of
the petitioning creditor's debt, or of the ... act of bankruptcy ..., unless
the other party in such action shall, if defendant, at or before pleading,
and, if plaintiff, before or with notice of trial, give notice in writing to
such assignees or other person that he intends to dispute some and which of
such matters; and in case such notice shall have been given, if such assignees
or other person shall prove the matter so disputed, or the other party admit
the same, [the court seized of the proceedings may] grant a certificate of
such proof or admission; and such assignees or other person shall be entitled
to the costs occasioned by such notice.

Ss.360363 rep. by 1980 NI 4 art.44(2)(b) sch.3

© 1857 Crown Copyright

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