Bankruptcy (Ireland) Act 1849
| Jurisdiction | UK Non-devolved |
| Citation | 1849 c. 107 |
(12 & 13 Vict.) C A P. CVII.
[1st August 1849]
'WHEREAS it is expedient to amend the Law of Bankruptcy: And whereas by an Act passed in the Reign of His late Majesty, intituled An Act to amend the Laws relating to Bankrupts in Ireland, various Alterations were made in the Administration of the Law of Bankruptcy, which have by Experience been found beneficial; and it is advisable to extend the Provisions and Regulations contained in the said Act:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That the Provisions of this Act, unless where otherwise herein specially provided, shall commence and take effect on the First Day ofNovember One thousand eight hundred and forty-nine.
II Laws at variance with this Act repealed.
II. And be it enacted, That all Laws, Statutes, and Usages shall be and the same are hereby repealed, in so far as they may be inconsistent or at variance with the Provisions of this Act: Provided always, that the same shall continue in force in all other respects whatsoever.
III Petitioning Creditor's Bond may be dispensed with.
III. And be it enacted, That in every Case of a Petition for the Issue of a Commission of Bankrupt the Lord Chancellor ofIreland shall dispense with the Bond now required to be given to him by the Petitioning Creditor, conditioned for proving his Debt, and for proving the Party to have committed an Act of Bankruptcy at the Time of issuing such Commission, and for proceeding upon such Commission, and it shall be lawful to issue the Commission without any such Bond having been given.
IV Person against whom a Commission has issued, on Proof of probable Cause for believing that he is about to quit Ireland, or to remove or conceal his Goods with Intent to defraud Creditors, may be arrested.
IV. And be it enacted, That whenever any Commission of Bankrupt shall have issued against any Person, and it shall be proved to the Satisfaction of the Commissioners authorized to act in the Prosecution of such Commission, or One of them, that there is probable Cause for believing that such Person is about to quitIreland , or to remove or conceal any of his Goods or Chattels with Intent to defraud his Creditors, unless he be forthwith apprehended, it shall be lawful for such Commissioners or Commissioner to issue a Warrant directed to any Person or Persons such Commissioners or Commissioner shall think fit, whereby such Person or Persons shall have Authority to arrest and commit to such Prison as the said Commissioners or Commissioner shall think fit, the Person named in such Commission, by his Body, and shall also have Authority to seize his Books, Papers, Monies, Securities for Monies, Goods, and Chattels, wheresoever they may be found, and them safely keep until the Expiration of the Time allowed for opening such Commission, or until such Person shall be adjudged bankrupt under such Commission, and be thereupon dealt with under such Commission according to the Laws relating to Bankrupts.
V Penalty on Gaoler suffering Bankrupt, &c. to escape.
V. And be it enacted, That if any Gaoler to whose Custody any Bankrupt or other Person shall be committed as aforesaid shall suffer such Bankrupt or other Person to escape or go free until released by the Discharge of the said Commissioners, or One of them, or until such Person is adjudged and declared bankrupt, every such Gaoler shall forfeit Five hundred Pounds, to be recovered as herein-after provided.
VI Any Person so arrested may apply for his Discharge forthwith.
VI. Provided always, and be it enacted, That it shall be lawful for any Person arrested upon any such Warrant, or for any Person whose Books, Papers, Monies, Securities for Monies, Goods or Chattels, have been seized under any such Warrant, to apply, at any Time after such Arrest or Seizure to such Commissioners or Commissioner, for a Summons for the Petitioning Creditor named in such Commission to show Cause why the Person arrested should not be discharged out of Custody, or why his Books, Papers, Monies, Securities for Monies, Goods and Chattels, should not be delivered up to him; and that it shall be lawful for such Commissioners or Commissioner, at the Time named in such Summons, or at any Adjournment thereof, to make such Order as to them or him shall seem meet, and to direct the Costs of the Application for the Warrant, and of the Warrant and the Arrest and Detention thereunder, and of all Proceedings consequent thereupon or arising therefrom, or any Part thereof, or of a specific Sum of Money in lieu thereof, to be paid by either Party, and by such Orderto direct when and to whom same shall be paid; provided that any such Order may be rescinded or varied by the Lord Chancellor ofIreland , on Application made to him by either Party dissatisfied with such Order.
VII No Person liable for more than 12 Months.
VII. And be it enacted, That no Person shall be liable to become bankrupt by reason of any Act of Bankruptcy committed more than Twelve Months prior to the issuing of any Commission of Bankrupt against him.
VIII Bankruptcy within a Year sufficient to support Adjudication.
VIII. And be it enacted, That an Act of Bankruptcy committed by a Trader at any Time within One Year of the issuing of a Commission of Bankruptcy against such Trader, whether prior or subsequent to the Debt of the Petitioning Creditor, shall be deemed sufficient to support the Adjudication of Bankruptcy under such Commission, whether issued before or after the passing of this Act.
IX Requisite Amount of Petitioning Creditor's Debt.
IX. And be it enacted, That the Amount of the Debt or Debts of any Creditor or Creditors petitioning for a Commission of Bankrupt, shall hereafter be as follows; that is to say, the single Debt of such Creditor, or of Two or more Persons being Partners, petitioning for the same, shall amount to Fifty Pounds or upwards, and the Debt of Two Creditors so petitioning shall amount to Seventy Pounds or upwards, and the Debt of Three or more Creditors so petitioning shall amount to One hundred Pounds or upwards; and that every Person who has given Credit to any Trader upon valuable Consideration for any Sum payable at a certain Time, which Time shall not have arrived when such Trader committed an Act of Bankruptcy, may so petition or join in petitioning as aforesaid, whether he shall have had any Security in Writing for such Sum or not.
X Persons specially named liable to become Bankrupts.
X. And be it enacted, That all Livery Stable Keepers, Coach Proprietors, Carriers, Ship Owners, Auctioneers, Apothecaries, Market Gardeners, Cowkeepers, Brickmakers, Alum Makers, Limeburners, aud Millers shall be deemed Traders, and subject and liable as Traders to this and to the other Statutes relating to Bankrupts.
XI Power to Commissioner to summon Trader, if Creditor make Affidavit of his Debt, and of his having required Payment.
XI. And be it enacted, That if any Creditor of any Trader within the Meaning of this or any other Statute relating to Bankrupts now or hereafter to be in force shall file an Affidavit in the Office of the Lord Chancellor's Secretary of Bankrupts inIreland , in the Form or to the Effect specified in the Schedule hereunto annexed (A. No. 1.), of the Truth of his Debt, and of the Debtor as he verily believes being such Trader as aforesaid, and of the Delivery to such Trader personally of an Account in Writing of the Particulars of his Demand, with a Notice thereunder requiring immediate Payment thereof, in the Form or to the Effect specified in the said Schedule (A. No. 2.), it shall be lawful for the Commissioners of Bankrupt in Ireland , or One of them, to issue a Summons in Writing in the Form or to the Effect specified in the said Schedule (A. No. 3.), calling upon such Trader to appear before them, or One of them, and stating in such Summons the Purpose for which such Trader is called upon by such Summons to appear, as herein-after provided.
XII Manner of proceeding on Summons of Trader by a Creditor.
XII. And be it enacted, That upon the Appearance of any such Trader so summoned as aforesaid it shall be lawful for such Commissioners, or One of them, to require such Trader to state whether or not he admits the Demand of such Creditor so sworn to as aforesaid, or any and what Part thereof, and if such Trader shall admit such Demand, or any Part thereof, to reduce such Admission into Writing, in the Form or to the Effect specified in the Schedule hereunto annexed (B. No. 1.), and such Admission so reduced into Writing such Trader is hereby required to sign, and the same is thereupon to be filed in the said Office of the Lord Chancellor's Secretary of Bankrupts; and it shall also be lawful for such Commissioners, or One of them, to allow such Trader upon his said Appearance to make a Deposition upon Oath, in Writing under his Hand, to be filed in the...
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