IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 370 Examination of witnesses at a distance from Belfast in certain cases.

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IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 370

Examination of witnesses at a distance from Belfast in certain cases.

370. For the purpose of facilitating the examination of witnesses at a
distance from [Belfast], it shall be lawful for the Court, either before or
after adjudication, on the application of any person interested in the estate
of the bankrupt or alleged bankrupt, or liable to be examined with reference
thereto, or of its own discretion, to direct that an oral examination of
witnesses shall be held at any place in the United Kingdom of Great Britain
and Ireland, not being distant from the Court of Bankruptcy less than twenty
miles, subject to the following provisions:

First. The direction shall be given by an order under the hand of a judge and
seal of the Court:

Second. The order shall specify where and when and before whom the examination
is to be held, and the matters upon which evidence is to be taken and what
parties are to be entitled to attend such examination:

Third. The examiner to be named in the order shall be either such person as
the parties appearing before the Court on the application for such examination
shall with the approbation of the Court appoint, or such person, being a
practising barrister or solicitor, and residing near the place of examination,
as the Court shall appoint:

Fourth. Every person who shall be appointed to be such examiner shall, before
entering on his office, take the following oath ...:

In the matter of A.B., a bankrupt [or alleged bankrupt].

"You shall, according to the best of your skill and knowledge, truly,
faithfully, and without partiality to any or either of the parties in this
matter, take the examinations and depositions of all and every witness and
witnesses produced and examined by virtue of the order of the Court of
Bankruptcy and Insolvency herein dated the day 18, and duly and faithfully
transmit such depositions, when completed, to the said Court.

Fifth. The witnesses to be examined shall be summoned and may be required to
produce books, papers, deeds, writings, and other documents, in the same
manner as witnesses to be examined before the Court; and the examiner shall
have power to administer an oath to every witness:

Sixth. The examination shall take place in the presence of the parties, their
counsel, solicitors, or agents; and the witnesses shall be examined orally,
and shall be subject to cross-examination and re-examination:

Seventh. The depositions taken upon such examination shall be taken down in
writing by the examiner, not ordinarily by question and answer, but in the
form of a narrative, and when completed shall be read over to the witness, and
signed by him in the presence of the parties:

Eighth. In case the witness shall refuse to sign the depositions then the
examiner shall sign the same; and such examiner may upon all examinations
state any special matter to the Court as he shall think fit: Provided also,
that it shall be in the discretion of the examiner to put down any particular
question or answer, if there should appear any special reason for doing so;
and any question or questions which may be objected to shall be noticed or
referred to by the examiner in or upon the depositions, and he shall state his
opinion thereon to the counsel, solicitors, or parties, and shall refer to
such statement on the face of the depositions; but he shall not have power to
decide upon the materiality or relevancy of any question or questions; and
the Court shall have power to deal with the costs of immaterial or irrelevant
depositions as may be just:

Ninth. When the examination of witnesses before the examiner shall have been
concluded, the original depositions, authenticated by the signature of such
examiner, shall be transmitted by him to the Court, to be there filed:

Tenth. In case it shall become necessary or expedient, for the purposes of any
such examination, that the books, papers, or other documents in the custody of
the Court relating to the estate or dealings of any bankrupt should be
transmitted to the examiner so to be appointed as aforesaid, it shall be
lawful for the Court to direct the whole or any part of such books, papers, or
documents to be so transmitted to him, either through the post or in any other
way which the Court shall direct; and the same shall remain in his custody
during the continuance of such examination, and on the conclusion thereof
shall be returned and transmitted to the Court in like manner and along with
the depositions:

Eleventh. The Court in granting an application for an examination in the
country may impose such terms as to costs or otherwise as it shall think fit;
and it shall also be lawful for the Court to order the payment of the costs of
and incident to any such examination, or any part thereof, to be borne either
by the estate of the bankrupt or otherwise by such parties and in such manner
as it may think fit: Provided always, that the amount to be allowed to any
examiner specially appointed as aforesaid in respect of his attendance at any
such examination shall be regulated in such manner as shall be prescribed by
any order of [the Lord High Chancellor of Great Britain] in that behalf.

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Northern Irish Legislation

IRISH BANKRUPT AND INSOLVENT ACT 1857 - SECT 370