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BANKRUPTCY (IRELAND) AMENDMENT ACT 1872

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - LONG TITLE

An Act for the Amendment of the Law of Bankruptcy in Ireland.{1}
[6th August 1872]
Preamble rep. by SLR 1893 (No.2)

Construction of Act with 1857 c.60, and short title.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 1

1. This Act shall be construed together with so much of the Irish
Bankrupt and Insolvent Act, 1857, as is not hereby altered or
repealed, as one Act, and may be cited for all purposes as "The
Bankruptcy (Ireland) Amendment Act, 1872."

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 2
Limits of Act.

2. This Act shall not, except in so far as same is expressly
provided, apply to England or Scotland.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 3
Commencement of Act.

3. This Act shall come into operation on the first day of January
one thousand eight hundred and seventy-three, which date is
herein-after referred to as "the commencement of this Act."

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 4
Interpretation of terms.

4. In this Act, if not inconsistent with the context, the following
terms shall have the meanings herein-after respectively assigned to
them; that is to say,

["The Court" shall mean the High Court of Justice in Northern
Ireland]:

["The Department" means the Department of Commerce for Northern
Ireland;

"Prescribed" shall mean prescribed by [rules of court to be made as
in this Act provided] [bankruptcy rules]:

"Arranging debtor" shall mean a person who has presented a petition
for arrangement with his creditors, under the provisions of the
Irish Bankrupt and Insolvent Act, 1857, as amended by this Act:

"The said Act" shall mean the Irish Bankrupt and Insolvent Act,
1857:

Definition rep. by SLR 1976

"Secured creditor" shall mean any creditor holding any mortgage,
charge, or lien on the debtor's estate, or any part thereof, as
security for a debt due to him.

Ss.519 rep. by SLR 1883; SLR 1893 (No.2); 1897 c.66 s.16 sch.; SLR
1898; SLR 1976; 1978 c.23 s.122(2) sch.7 Pt.I; 1980 NI4 art.44(2)(b)
sch.3

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 20
Debt of petitioning creditor.

20. A single creditor, or two or more creditors, if the debt due
to such single creditor or the aggregate amount of debts due to
such several creditors from any debtor amount to a sum of not less
than [#200], may present a petition to the Court, praying that the
debtor be adjudged a bankrupt.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 21
Acts of bankruptcy.

21. The following acts or defaults shall be herein-after deemed to
be and included under the expression "acts of bankruptcy":

(1)That the debtor has, in Ireland, or elsewhere, made a conveyance
or assignment of his property to a trustee or trustees for the
benefit of his creditors generally:

(2)That the debtor has, in Ireland, or elsewhere, made a fraudulent
conveyance, gift, delivery, or transfer of his property or of any
part thereof:

(3)That the debtor has, with intent to defeat or delay his
creditors, done any of the following things, namely, departed out of
[Northern Ireland]; or being out of [Northern Ireland] remained out
of [Northern Ireland]; or... departed from his dwelling-house or
otherwise absented himself; or begun to keep house;...:

(e)(4)That the debtor has filed in the Court a declaration of his
inability to pay his debts or has presented a bankruptcy petition
against himself:]

[(5)That the goods of the debtor have been seized pursuant to an
order of seizure made under [the Judgments Enforcement (Northern
Ireland) Order 1981] and have been sold or held by the Enforcement
of Judgments Office for a period of twenty-one days, so however
that, where such an order has been stayed by that Office or an
application is made under [Article 44 of that Order] in relation to
the goods seized, then the said period shall be calculated without
regard to the time elapsing between the date of the making of such
application and the date on which the proceedings thereon are
settled, abandoned or otherwise finally disposed of:

(5A)That a certificate of unenforceability has been granted in
respect of a judgment against the debtor under [Article 19 of the
Judgments Enforcement (Northern Ireland) Order 1981:]]

(6)That the creditor presenting the petition has served in the
prescribed manner on a debtor's summons requiring a debtor to pay a
sum due, of an amount of not less than [#200], and the debtor
[has for the space of 10 days] succeeding the service of such
summons, neglected to pay such sum, or to secure or compound for
the same:

(7)That the debtor has filed a petition for arrangement with his
creditors under the provisions of the said Act as amended by this
Act, and that such petition has been dismissed:

[(8)That in Northern Ireland or elsewhere the debtor makes any
conveyance or transfer of his property or any part thereof, or
creates any charge thereon, which would under this or any other Act
be void as a fraudulent preference if he were adjudged bankrupt:]

[(9)That, the debtor being a solicitor, the Incorporated Law Society
of Northern Ireland have been appointed his attorney by virtue of
Part III of the Solicitors (Northern Ireland) Order 1976.]

The debt of the petitioning creditor must be a liquidated sum, and
must not be a secured debt, unless the petitioner state in his
petition that he will be ready to give up such security for the
benefit of the creditors in the event of the debtor being
adjudicated a bankrupt, or unless the petitioner is willing to give
an estimate of the value of his security, in which latter case he
may be admitted as a petitioning creditor to the extent of the
balance of the debt due to him after deducting the value so
estimated,....

Every person who has given credit to any debtor upon valuable
consideration for any sum payable at a certain time, which time
shall not have arrived when such debtor committed an act of
bankruptcy, may, subject to the provisions of the preceding clause,
petition or join in petitioning for adjudication against such debtor.

Ss.22, 23 rep. by 1980 NI4 art.44(2)(b) sch.3. Ss.2427 rep. by SLR
(NI) 1954. Ss.28, 29 rep. by 1980 NI4 art.44(2)(b) sch.3

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 30
Proceedings in relation to a debtor's summons.

30. A debtor's summons may be granted by the Court on a creditor
proving to its satisfaction that a debt of [#200] or upwards is
due to him from the person against whom the summons is sought, and
that the creditor has failed to obtain payment of his debt, after
using reasonable efforts to do so. The summons shall be in the
prescribed form. It shall state that in the event of the debtor
failing to pay the sum specified in the summons, or to secure or
compound for the same to the satisfaction of the creditor, such
default will be deemed to be an act of bankruptcy. The summons
shall have an endorsement thereon to the like effect, or such other
prescribed endorsement as may be best calculated to indicate to the
debtor the nature of the document served upon him, and the
consequences of inattention to the requisitions therein made.

Any debtor served with a debtor's summons may apply to the Court,
in the prescribed manner and within the prescribed time, to dismiss
such summons, on the ground that he is not indebted to the
creditor serving such summons, or that he is not indebted to such
amount as will justify such creditor in obtaining a debtor's summons
against him; and the Court may dismiss the summons, with or without
costs, if satisfied with the allegations made by the debtor, or it
may, upon such security (if any) being given as the Court may
require for payment to the creditor of the debt alleged by him to
be due, and the costs of establishing such debt, stay all
proceedings on the summons for such time as will be required for
the trial of the question relating to such debt; and such trial
shall be had either before the Court or before any other court of
competent jurisdiction.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 31
Partnerships, &c. registered not to be adjudged bankrupt.

31. A partnership, association, or company corporate, registered under
the Companies Act, 1862, shall not be adjudged bankrupt under the
said Act or this Act.

Ss.3239 rep. by SLR 1898

Privilege of Parliament not to prevent adjudication in bankruptcy.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 40

40. If a person having privilege of Parliament commits an act of
bankruptcy he may be dealt with under this Act in like manner as
if he had not such privilege.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 41
Vacating of seat in House of Commons.

41. If a person, being a member of the Commons House of
Parliament, is adjudged bankrupt, he shall be and remain during one
year from the date of the order of adjudication incapable of
sitting and voting in that House, unless within that time either
the order is annulled, or the creditors who prove debts under the
bankruptcy are fully paid or satisfied.

Provided that such debts (if any) as are disputed by the bankrupt
shall be considered, for the purpose of this section, as paid or
satisfied if within the time aforesaid he enters into a bond, in
such sum and with such sureties as the Court approves, to pay the
amount to be recovered in any proceeding for the recovery of or
concerning such debts, together with any costs to be given in such
proceedings.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 42
Certificate of bankruptcy to be given by the Court to the Speaker.

42. If within the time aforesaid the order of adjudication is not
annulled, and the debts of the bankrupt are not fully paid or
satisfied as aforesaid, then the Court shall, immediately after the
expiration of that time, certify the same to the Speaker of the
House of Commons, and thereupon the seat of such member shall be
vacant.

Ss.43, 44 rep. by 1975 c.66 s.5 sch.2

Proof for debts payable by instalments.

[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 45

45. If any bankrupt or arranging debtor shall have contracted before
the filing of a petition against or by him any debt payable by
way of instalments, the creditor may prove for the amount of such
instalments remaining unpaid at the time of such petition.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 46
Proof in respect of unliquidated damages.

46. If any bankrupt, at the time of adjudication, or any arranging
debtor at the time of the presentation of his petition, shall be
liable by reason of any contract or promise, either express or
implied, to a demand in the nature of damages, which have not been
and cannot be otherwise liquidated or ascertained, it shall be
lawful for the Court to direct such damages to be assessed by a
jury, either before itself or in a court of law, and to give all
necessary directions for such purpose, and the amount of damage,
when assessed, shall be provable as if a debt due at the time of
the bankruptcy or the arrangement: Provided, that in case all
necessary parties agree, the Court shall have power to assess such
damages without the intervention of a jury or a reference to a
court of law.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 47
Proof for premiums upon policies of insurance.

47. If any bankrupt, at the time of adjudication, or any arranging
debtor, at the time of the presentation of his petition, be liable,
by reason of any contract or promise, to pay premiums on any
policy of insurance, or any other sums of money, whether yearly or
otherwise, or to repay to or indemnify any person against any such
payments, the person entitled to the benefit of such contract or
promise may, if he think fit, apply to the Court to set a value
upon his interest under such contract or promise, and the Court is
hereby required to ascertain the value thereof, and to admit such
person to prove the amount so ascertained, and to receive dividends
thereon.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 48
Proof in respect of distinct contracts.

48. If any bankrupt, at the time of adjudication, or any arranging
debtor, at the time of the presentation of his petition, is liable
in respect of distinct contracts, as member of two or more distinct
firms, or as a sole contractor, and also as member of a firm, the
circumstance that such firms are, in whole or in part, composed of
the same individuals, or that the sole contractor is also one of
the joint contractors, shall not prevent proof in respect of such
contracts against the properties respectively liable upon such
contracts.

S.49 rep. by 1933 c.7 (NI) s.3 sch.

Dispositions of estates tail under bankruptcies.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 50

50. The powers and authorities conferred upon Commissioners of
Bankruptcy by such of the clauses of the Fines and Recoveries
(Ireland) Act, 1834, as were by the three hundred and fortieth
section of the said Act extended and made applicable to proceedings
in bankruptcy under a petition of bankruptcy, [shall be vested in
the Court].

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 51
Avoidance of fraudulent preferences.

51. When a bankrupt is in receipt of a salary or income, other
than is mentioned in the three hundred and nineteenth section of
the said Act, the Court may, from time to time, make such order
as it thinks just for the payment of such salary or income, or of
any part thereof, to the official assignee or the trustee, to be
applied by him in such manner as the Court shall direct; and
thereupon such portion of such salary or income as shall be
specified in such order shall be paid to such official assignee,
until the Court shall make order to the contrary.

S.52 rep. by 1929 c.1 (NI) (20 Geo.5) s.29 sch.2 and replaced by
s.12 of that Act

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 53
Transactions protected by 1857 c.60 to remain valid.

53. Every conveyance or transfer of property, or charge thereon
made, every payment made, every obligation incurred, and every
judicial proceeding taken or suffered by any person unable to pay
his debts as they become due from his own moneys in favour of any
creditor, or any person in trust for any creditor, [with a view of
giving such creditor, or any surety or guarantor for the debt due
to such creditor, a preference over the other creditors] shall, if
the person making, taking, paying, or suffering the same... become
bankrupt within [six] months after the date of making, taking,
paying, or suffering the same, be deemed fraudulent and void as
against the assignees or trustee of such bankrupt appointed under
the said Act or this Act; but this section shall not affect the
rights of a purchaser, payee, or incumbrancer in good faith and for
valuable consideration.

S.54 rep. by 1969 c.30 (NI) s.132 sch.6

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 55
Certificate of conformity.

55. Subject and without prejudice to ... the provisions of this
Act, avoiding certain settlements, and avoiding, on the ground of
their constituting fradulent preferences, certain conveyances, charges,
and judicial proceedings, the several transactions by and in relation
to the property of a bankrupt which are protected by the said Act,
shall be valid notwithstanding any prior act of bankruptcy.

1872 c.57

[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 56

56. When a bankrupt has passed his final examination in a
bankruptcy heard before the Court under the provisions of the said
Act as amended by this Act, or when a bankruptcy wound up by a
trustee and a committee of inspection as herein-after provided has
closed, or at any time during its continuance with the assent of
the creditors testified by a special resolution, the bankrupt may
apply to the Court for a certificate of conformity; but such
certificate shall not be granted unless it is proved to the Court
that one of the following conditions has been fulfilled:

(1)In a bankruptcy heard before the Court under the provisions of
the said Act as amended by this Act, that a dividend of not less
than [50p] in the pound has been paid out of his property, or
that his bankruptcy or the failure to pay [50p] in the pound has
in the opinion of the Court arisen from circumstances for which the
bankrupt cannot justly be held responsible.

(2)In a bankruptcy wound up by a trustee and a committee of
inspection, either that a dividend of not less than [50p] in the
pound has been paid out of his property, or might have been paid
except through the negligence or fraud of the trustee, or that a
special resolution of his creditors has been passed to the effect
that his bankruptcy or the failure to pay [50p] in the pound has
in their opinion arisen from circumstances for which the bankrupt
cannot be held responsible, and that they desire that a certificate
should be granted to him. The Court may suspend for such time as
it deems to be just, or withhold altogether, the certificate in the
circumstances following:

(1)If a prosecution has been commenced against the bankrupt in
pursuance of the provisions relating to the punishment of fraudulent
debtors contained in the Debtors Act (Ireland), 1872, in respect of
any offence alleged to have been committed by him against the
last-mentioned Act:

(2)If in the case of a bankruptcy heard before the Court under the
provisions of the said Act as amended by this Act, the Court is
of opinion that the bankrupt has not made a full disclosure and
discovery of his estate and effects or has made default in giving
up to his creditors the property which he is required by the said
Act or this Act to give up:

(3)If in the case of a bankruptcy wound up by a trustee and a
committee of inspection, it appears to the Court on the
representation of the creditors made by special resolution, of the
truth of which representation the Court is satisfied, or by other
sufficient evidence that the bankrupt has not made a full disclosure
and discovery of his estate and effects, or has made default in
giving up to his creditors the property which he is required by
the said Act or this Act to give up.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 57
Effect of certificate.

57. The certificate of conformity shall be in writing under the
seal of the Court,..., and shall certify that the bankrupt has made
a full discovery of his estate and effects, and in all things
conformed, and that so far as the Court can judge there does not
appear any reason to question the truth or fulness of such
discovery;..., and notice of the allowance of such certificate shall
be advertised in the [Belfast Gazette] in such manner as may be
[directed by rules of court.]][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 58
Exception of joint debtors.

58. The certificate of conformity shall not release the bankrupt
from any debt or liability incurred by means of any fraud or
breach of trust, nor from any debt or liability whereof he has
obtained forbearance by any fraud, but it shall release the bankrupt
from all other debts provable under the bankruptcy, with the
exception of

(1)Debts due to the Crown:

(2)Debts with which the bankrupt stands charged at the suit of the
Crown, or of any person for any offence against a statute relating
to any branch of the public revenue, or at the suit of the
sheriff or other public officer on a bail bond entered into for
the appearance of any person prosecuted for any such offence:

And he shall not be discharged from such excepted debts unless the
Treasury certify in writing their consent to his being discharged
therefrom.

A certificate of conformity shall be sufficient evidence of the
bankruptcy and of the validity of the proceedings thereon, and, in
any proceedings that may be instituted against a bankrupt who has
obtained a certificate in respect of any debt from which he is
released by such certificate, the bankrupt may plead that the cause
of action accrued before he became bankrupt, and may give this Act
and the special matter in evidence.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 59
Status of uncertificated bankrupt.

59. The certificate of conformity shall not release any person who
at the date of the adjudication was a partner with the bankrupt,
or was jointly bound, or had made any joint contract with him.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 60
Composition after bankruptcy.

60. When a person who has been made a bankrupt has not obtained
his certificate, then from and after the passing of the final
examination, or the close of the bankruptcy, as the case may be,
the following consequences shall ensue:

(1)No portion of a debt provable under the bankruptcy shall be
enforced against the property of the person so made bankrupt until
the expiration of three years from the passing of the final
examination or the close of the bankruptcy, as the case may be;
and during that time if he pay to his creditors such additional
sum as will, with the dividend paid out of his property during the
bankruptcy, make up [50p] in the pound, he shall be entitled to a
certificate of conformity in the same manner as if a dividend of
[50p] in the pound had originally been paid out of his property:

(2)At the expiration of a period of three years from the passing
of the final examination or the close of the bankruptcy, as the
case may be, if the debtor made bankrupt has not obtained a
certificate of conformity, any balance remaining unpaid in respect of
any debt proved in such bankruptcy (but without interest in the
meantime) shall be deemed to be a subsisting debt in the nature of
a judgment debt, and subject to the rights of any persons who have
become creditors of the debtor since the passing of the final
examination or the close of his bankruptcy, as the case may be,
may be enforced against any property of the debtor with the
sanction of the Court, but to the extent only, and at the time
and in the manner directed by the Court, and after giving such
notice and doing such acts as may be prescribed in that behalf.]

Definition of process.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 61

61. Notwithstanding that the several requirements of the one hundred
and forty-ninth and one hundred and fiftieth sections of the said
Act with respect to composition after bankruptcy may have been
complied with, it shall be lawful for the Court to refuse to annul
the adjudication, and to order that the bankruptcy shall continue,
if at [the meeting or special sitting mentioned in the said one
hundred and forty-ninth section or at any adjournment of the said
meeting or special sitting] it shall be shown that the offer of
composition made by the bankrupt or his friends is not reasonable
and proper to be executed under the control of the Court.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 62
1981 NI 6

62. [In the [Bankruptcy Acts (Northern Ireland) 1857 to 1980],
"process" includes an enforcement order within the meaning of [the
Judgments Enforcement (Northern Ireland) Order 1981], [for the
enforcement of a money judgment within the meaning of [that Order]],
a seizure by an enforcement officer made pursuant to [Article 43 of
that Order], an order of sequestration made pursuant to [Article
111(1) of that Order] and a debtor's summons issued pursuant to
this Act.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 63
Certificate in arrangement cases to operate as a certificate of
conformity.

63. A secured creditor shall for the purpose of voting at any
meeting of creditors in any arrangement or in any composition after
bankruptcy under the said Act or this Act, be deemed to be a
creditor only in respect of the balance (if any) due to him, after
deducting the value of his security; and the amount of such balance
shall, until the security be realised, be determined in the
prescribed manner. He may, however, at or previously to any such
meeting, [surrender] the security, and thereupon he shall rank as a
creditor in respect of the whole sum due to him. [If he votes in
respect of his whole debt he shall be deemed to have surrendered
his security unless the Court on application is satisfied that the
omission to value the security has arisen from inadvertence.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 64
Re-vesting of property in arrangement cases.

64. So soon as the resolution or agreement made by any arranging
debtor under the said Act, as amended by this Act, shall have been
carried into effect, and the creditors of such arranging debtor
shall have been satisfied according to the tenor thereof, the Court
shall give to such arranging debtor a certificate under the seal of
the Court...; and such certificate shall thenceforth operate to all
intents and purposes as if the same were [a certificate of
conformity under a bankruptcy under the said Act as amended by this
Act] [an absolute order of discharge from bankruptcy].

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 65
General power of the Court.

65. Whenever it shall appear to the satisfaction of the Court that
any trader who has presented a petition for arrangement with his
creditors before the passing of this Act, has obtained such
certificate as is mentioned in the three hundred and fifty-second
section of the said Act, or that any arranging debtor has obtained
such certificate as is mentioned in the last preceding section of
this Act, and that there remains in the possession of, or vested
in, or otherwise subject to the control of the assignees, or any
trustees or trustee of such trader or arranging debtor under his
arrangement, any part of the estate or effects of such trader or
arranging debtor, it shall be lawful for the Court to order that
the same shall be vested in the said trader or arranging debtor,
his heirs, executors, administrators, or assigns, and such order
shall have the effect of vesting the same accordingly. Any order
made in pursuance of this section shall for all purposes of any
law in force in any part of the United Kingdom, or in any part
of the dominions of Her Majesty, requiring registration, enrolment,
or recording of conveyances, or assignments of property, be deemed
to be a conveyance or assignment of property, and may be
registered, enrolled, and recorded accordingly.

Power to Court to restrain suits, &c.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 66

66. Subject to the provisions of the said Act and this Act, and
in addition to the powers conferred by the said Act, the Court
shall have full power to decide all questions of priorities, and
all other questions whatsoever, whether of law or fact, arising in
any case of bankruptcy or arrangement coming within the cognizance
of such Court, or which the Court may deem it expedient or
necessary to decide for the purpose of doing complete justice or
making a complete distribution of property in any such case; ...,
nor shall any appeal lie from its decisions, except in the manner
directed by the said Act; and if in any proceeding in bankruptcy
or arrangement there arises any question of fact which the parties
desire to be tried [with a jury]..., or which the Court thinks
ought to be tried [with a jury], the Court may direct such trial
to be had,....

S.67 rep. by SLR 1976

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 68
Execution of warrant.

68. The Court may at any time after the presentation of a petition
in bankruptcy against or by a debtor under the said Act as amended
by this Act, or at any time after the presentation of a petition
for arrangement under the said Act as amended by this Act, restrain
further proceedings in any action, suit, or other process against
the debtor in respect of any debt provable in bankruptcy or
arrangement, or it may allow such proceedings, whether in progress
at the time of such presentation respectively or commenced during
the continuance of the bankruptcy or arrangement, to proceed upon
such terms as to the Court may seem just. The Court may also at
any time after the presentation of any such petition appoint a
receiver or manager of the property or business of the debtor, or
any part thereof, and may direct immediate possession to be taken
of such property or business, or any part thereof.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 69
Enforcement of orders of Court.

69. Any warrant issued by the Court under the said Act as amended
by this Act, or under this Act, may be directed to and executed
by [the messengers of the Court, or any assistant messenger, or]
any constable or [any] other fit person therein named, [and it
shall not be necessary for such last-named persons to take the oath
prescribed for messengers by the said Act].

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 70
Courts in Ireland, &c. to be auxiliary to other courts, &c.

70. Any order made by the Court under the said Act as amended by
this Act, or under this Act, shall be enforced in Scotland and
England in the Courts having jurisdiction in bankruptcy in such
countries respectively, in the same manner in all respects as if
such order had been made by the Courts which are hereby required
to enforce the same; and in like manner any order made by the
Court in Scotland having jurisdiction in bankruptcy shall be enforced
in England and Ireland, and any order made by the Court having
jurisdiction in bankruptcy in England shall be enforced in Ireland
and Scotland, by the Courts respectively having jurisdiction in
bankruptcy, in the division of the United Kingdom where the orders
made require to be enforced, and in the same manner in all
respects as if such order had been made by the Court required to
enforce the same in a case of bankruptcy within its own
jurisdiction.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 71
Examination of persons in custody.

71. The Court and the Courts having jurisdiction in bankruptcy in
England and Scotland, and every British Court elsewhere having
jurisdiction in bankruptcy or insolvency, and the officers of such
Courts respectively, shall severally act in aid of and be auxiliary
to each other in all matters of bankruptcy; and an order of the
Court seeking aid, together with a request to another of the said
Courts, shall be deemed sufficient to enable the latter Court to
exercise, in regard to the matters directed by such order, the like
jurisdiction which the Court which made the request, as well as the
Court to which the request is made, could exercise in regard to
similar matters within their respective jurisdictions.

S.72 rep. by 1953 c.18 (NI) s.48 sch.5

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 73
Corrupt agreements with creditors.

73. The Court shall have power to issue its warrant or order
directed to the governor,... of any [prison] wherein any bankrupt,
or any person who is known or suspected to have any of the estate
of the bankrupt in his possession, or who is supposed to be
indebted to the bankrupt, or any person the Court may believe
capable of giving information concerning the person, trade, dealings,
or estate of the bankrupt, shall be in custody, directing him to
bring the bankrupt or any such person as aforesaid before the
Court, or such officer thereof, ..., as shall be named in such
warrant or order on the day named in such warrant or order for
examination; and every such governor,... shall obey such warrant or
order. The bankrupt or any such person as aforesaid who shall be
so brought up, shall, after his or her examination, be taken back
to the [prison] from which he or she was brought up, without any
new or further order.

S.74 rep. by SLR (NI) 1954. S.75 rep. by 1969 c.30 (NI) s.132
sch.6

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 76
1980 NI 4

76. If any creditor of a bankrupt or arranging debtor shall obtain
or accept any sum of money, or any goods, chattels, or security
for money, from a bankrupt or arranging debtor, or from any person,
as an inducement for forbearing to oppose or for consenting to the
[allowance of the certificate of the bankrupt] [bankrupt's discharge
from bankruptcy], or for agreeing to accept any offer of composition
made by the bankrupt or his friends, or for assenting to the
proposal of the arranging debtor or any modification thereof, every
such creditor so offending shall lose for every such offence the
treble value of amount of such money, goods, or chattels, or
security so obtained or accepted by him, and the same shall be
recoverable by the assignees or trustees of the bankruptcy, or by
the assignees ... of the arranging debtor, by proceedings in the
Court in the prescribed manner, and when recovered shall be deemed
part of the estate and effects of the bankrupt or arranging debtor,
and shall be divided among the creditors in the bankruptcy or
arrangement in proportion to the amount of their debts,
notwithstanding that the composition shall have been accepted or the
proposal of the arranging debtor assented to; and in the event of
there being any surplus after paying in full the debts of the
creditors [, with interest as provided by Article 25 of the
Bankruptcy Amendment (Northern Ireland) Order 1980,] and the costs
and expenses, the same shall be paid into [the "unclaimed dividend
account,"] [the Insolvency Account] and the bankrupt or arranging
debtor shall not be entitled thereto.[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 77
Arrest of debtor after service of summons.

77. The Court may at any time, if it shall think fit, order that
the official assignees shall be paid out of the interest and profit
arising from the unclaimed dividend account, such sum by way of
indemnity in respect of any damages, costs, or expenses sustained or
incurred, or to be sustained or incurred by them or either of them
for or by reason of any act or matter done by them while acting
as official assignees as to the Court shall appear just.]

When arrest not valid.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 78

78. The Court may by warrant..., cause a debtor to be arrested and
safely kept as prescribed, until such time as the Court may order,
if, after a debtor's summons has been granted in the manner
prescribed by this Act, and before a petition of bankruptcy can be
presented against him, it appear to the Court that there is
probable reason for believing that he is about to go abroad with a
view of avoiding payment of the debt for which such summons has
been granted, or of avoiding the presentation of a petition in
bankruptcy against him, or of avoiding examination in respect of his
affairs, or otherwise avoiding, delaying, or embarrassing proceedings
in bankruptcy: Provided always, that nothing herein contained shall
be construed to qualify or alter the right of the debtor to apply
to the Court in the prescribed manner to dismiss the said summons
as in this Act is provided, or to pay, secure, or compound for
the said debt within the time by this Act provided, without being
deemed to have committed an act of bankruptcy; and provided also,
that upon any such payment or composition being made, or such
security offered as the Court shall think reasonable, the said
debtor shall be discharged out of custody, unless the court shall
otherwise order.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 79
Security for debt given after arrest.

79. No arrest shall be valid or protected under this Act unless
the debtor before or at the time of his arrest shall be served
with the debtor's summons.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 80
Power of Court to summon general meeting to determine if bankrupt's
estate is to be wound up by trustee.

80. No payment or composition of a debt made or security for the
same given after an arrest made under the provisions of this Act
shall be exempted from the operation of the said Act or this Act
relating to fraudulent [preferences].

Ss.8186 rep. by 1980 NI4 art.44(2)(b) sch.3

Meeting of creditors for appointment of trustee.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 87

87. Any bankrupt or any creditor or creditors of a bankrupt whose
debt or the aggregate amount of whose debts is not less than fifty
pounds may within the prescribed time after adjudication and in the
prescribed manner apply to the Court for an order to summon a
general meeting of the creditors of the bankrupt for the purpose of
obtaining their sanction to the estate of the bankrupt being wound
up by a trustee and a committee of inspection as herein-after
mentioned.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 88
Regulations as to first meeting of creditors.

88. On the hearing of such application the Court may, if it think
fit, make an order to summon a general meeting of the creditors of
the bankrupt, and the creditors at such meeting, or at any
adjournment thereof, shall and may do as follows:

(1)They may, by a special resolution as defined by this Act,
declare that the estate of the bankrupt is to be wound up by a
trustee and a committee of inspection:

(2)They may by resolution appoint some fit person, whether a
creditor or not, to fill the office of trustee of the property of
the bankrupt, at such remuneration as they may from time to time
determine, if any; or they may resolve to leave his appointment to
the committee of inspection herein-after mentioned:

(3)They shall, when they appoint a trustee, by resolution declare
what security is to be given, and to whom, by the person so
appointed, before he enters on the office of trustee:

(4)They shall, when they appoint a trustee, by resolution also
appoint some other fit persons, not exceeding five in number, and
being creditors qualified to vote at such first meeting of creditors
as is in this Act mentioned, or authorised in the prescribed form
by creditors so qualified to vote, to form a committee of
inspection for the purpose of superintending the administration by
the trustee of the bankrupt's property:

(5)They may by resolution give directions as to the manner in which
the property is to be administered by the trustee, and it shall be
the duty of the trustee to conform to such directions, unless the
Court for some just cause otherwise orders.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 89
Order for winding up by trustee, and appointment of same.

89. The general meeting of creditors to be summoned as aforesaid by
the Court, and in this Act referred to as the first meeting of
creditors, shall be held in the prescribed manner and subject to
the prescribed regulations as to the quorum, adjournment of meeting,
and all other matters relating to the conduct of the meeting or
the proceedings thereat.

Provided that

(1)The meeting shall be presided over by one of the registrars of
the court, or, in the event of his being unable to attend through
illness or any unavoidable cause, or, if the Court shall so direct,
by such chairman as the meeting may elect:

(2)A person shall not be entitled to vote as a creditor unless at
or previously to the meeting he has in the prescribed manner proved
a debt provable under the bankruptcy to be due to him:

(3)A creditor shall not vote at the said meeting in respect of any
unliquidated or contingent debt, or any debt the value of which is
not ascertained:

(4)A secured creditor shall, for the purpose of voting, be deemed
to be a creditor only in respect of the balance (if any) due to
him after deducting the value of his security; and the amount of
such balance shall, until the security be realised, be determined in
the prescribed manner. He may, however at or previously to the
meeting of creditors, [surrender] his security, and thereupon he
shall rank as a creditor in respect of the whole sum due to him.
[If he votes in respect of his whole debt he shall be deemed to
have surrendered his security unless the Court on application is
satisfied that the omission to value the security has arisen from
inadvertence:]

(5)Votes may be given either personally or by proxy:

(6)An ordinary resolution shall be decided by a majority in value
of the creditors present personally or by proxy at the meeting and
voting of such resolution:

(7)A special resolution shall be decided by a majority in number,
and three fourths in value, of the creditors present personally or
by proxy at the meeting and voting on such resolution.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 90
Vesting of estate of bankrupt in trustee.

90. The passing of any such special resolution as aforesaid, and
the appointment of a trustee, shall be reported to the Court, and
thereupon the Court shall, if it think it reasonable and proper so
to do, make an order that the estate of the bankrupt shall be
wound up by a trustee and a committee of inspection. When making
any such order the Court shall at the same time, upon being
satisfied that the requisite security has been entered into by the
said trustee, give him a certificate declaring him to be trustee of
the bankruptcy named in the certificate; and such certificate shall
be conclusive evidence of the appointment of the trustee, and such
appointment shall date from the date of the certificate.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 91
Remuneration to official assignee for services before appointment of
trustee.

91. Upon the granting of such certificate all the estate, both real
and personal, of the bankrupt shall be divested out of the
[official assignee], and shall be vested in the said trustee as
fully as if such trustee were the assignees under any bankruptcy.[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 92
Conduct of bankrupt.

92. At the time of making any such order as aforesaid, or at any
time thereafter, the Court may order to be paid out of the
bankrupt's estate to the official assignee as a remuneration for his
services (if any) from the date of the adjudication to the making
of such order such fee or fees as shall upon consideration of the
circumstances of the case appear to be just and reasonable, and as
shall be authorised by this Act.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 93
Conduct of trustee, and appeal to Court against trustee.

93. From and after the making of any such order as aforesaid the
bankrupt shall, to the utmost of his power, aid the trustee in the
realisation of his property and the distribution of the proceeds
thereof amongst his creditors. He shall give such inventory of his
property, such list of his creditors and debtors, and of the debts
due to and from them respectively, submit to such examination in
respect of his property or his creditors, attend such meetings of
his creditors, wait at such times on the trustee, execute such
powers of attorney, conveyances, deeds, and instruments, and generally
do all such acts and things in relation to his property and the
distribution of the proceeds amongst his creditors, as may be
reasonably required by the trustee, or may be prescribed by rules
of Court, or be directed by the Court by any special order or
orders made in reference to any particular bankruptcy, or made on
the occasion of any special application by the trustee or any
creditor.

If the bankrupt wilfully fail to perform the duties imposed on him
by this section, or if he fail to deliver up possession to the
trustee of any part of his property, which is divisible amongst his
creditors under this Act, and which may for the time being be in
the possession or under the control of such bankrupt, he shall, in
addition to any other punishment to which he may be subject, be
guilty of a contempt of Court, and may be punished accordingly.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 94
Regulations as to general meetings of creditors subsequent to first
meeting.

94. The trustee shall, in the administration of the property of the
bankrupt and in the distribution thereof amongst his creditors, have
regard to any directions that may be given by resolution of the
creditors at any general meeting, or by the committee of inspection,
and any directions so given by the creditors at any general meeting
shall be deemed to override any directions given by the committee
of inspection: the trustee shall call a meeting of the committee of
inspection [once at least every three months, when they shall audit
his accounts] [at such intervals as may be prescribed, when they
shall consider the accounts sent to them under section 117(7)], and
determine whether any or what dividend is to be paid; he may also
call special meetings of the said committee as he thinks necessary.

Subject to the provisions of this Act, and to such directions as
aforesaid, the trustee shall exercise his own discretion in the
management of the estate, and its distribution amongst the creditors.
The trustee may from time to time summon general meetings of the
creditors for the purpose of ascertaining their wishes; he may also
apply to the Court, in manner prescribed, for directions in relation
to any particular matter arising under the bankruptcy.

The bankrupt, or any creditor, or debtor, or other person aggrieved
by any act of the trustee, may apply to the Court, and the Court
may confirm, reverse, or modify the act complained of, and make
such order in the premises as it thinks just. The Court may from
time to time, during the continuance of a bankruptcy, summon general
meetings of the creditors for the purpose of ascertaining their
wishes, and may, if the Court thinks fit, direct [one of the
registrars of the Court] [the registrar] to preside at such
meetings.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 95
Trustee to keep books.

95. The provisions of this Act with respect to the first general
meeting of creditors shall apply to any subsequent general meeting
of creditors in a bankruptcy, being wound up by a trustee and a
committee of inspection, with this exception, that subsequent meetings
of creditors may be summoned by the trustee, or by a member of
the committee of inspection, and that such meetings may, unless
otherwise directed by the Court in the case of meetings summoned by
the Court, be presided over by any person chosen by the creditors
assembled at such meeting, and that any creditor whose debt has
been proved, or the value of whose debt has been ascertained at or
subsequently to such first meeting, shall be allowed to be present
and to vote thereat.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 96
Disclaimer as to onerous property.

96. The trustee shall, as soon as may be, take possession of the
deeds, books, and documents of the bankrupt, and all other property
capable of manual delivery. The trustee shall keep, in such manner
as [rules of Court] [bankruptcy rules] shall direct, proper books,
in which he shall from time to time make or cause to be made
entries or minutes of proceedings at meetings, and of such other
matters as [rules of Court] [bankruptcy rules] shall direct, and any
creditor of the bankrupt may, subject to the control of the Court,
personally or by his agent inspect such books.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 97
Limitation of time for disclaimer.

97. When any property of the bankrupt required by the assignees
under the said Act, as amended by this Act, or by the trustee
under this Act, consists of land of any tenure burdened with
onerous covenants, of unmarketable shares in companies, of
unprofitable contracts, or of any other property that is unsaleable,
or not readily saleable, by reason of its binding the possessor
thereof to the performance of any onerous act, or to the payment
of any sum of money, the assignees or trustee, notwithstanding that
they or he have or has endeavoured to sell, or have or has taken
possession of such property, or exercised any act of ownership in
relation thereto, may, by writing under their or his hands or hand,
disclaim such property; and upon the execution of such disclaimer,
the property disclaimed shall, if the same is a contract, be deemed
to be determined from the date of the order of adjudication, and
if the same is a lease, be deemed to have been surrendered on the
same date, and if the same be shares in any company, be deemed to
be forfeited from that date, and if any other species of property,
it shall revert to the person entitled on the determination of the
estate or interest of the bankrupt, but if there shall be no
person in existence so entitled, then in no case shall any estate
or interest therein remain in the bankrupt. Any person interested in
any disclaimed property may apply to the Court, and the Court may,
upon such application, order possession of the disclaimed property to
be delivered up to him, or make such other order as to the
possession thereof as may be just.

Any person injured by the operation of this section shall be deemed
a creditor of the bankrupt to the extent of such injury, and may
accordingly prove the same as a debt under the bankruptcy.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 98
Power of trustee to receive and decide on proof of debts.

98. The assignees or trustee shall not be entitled to disclaim any
property in pursuance of this Act in cases where an application in
writing has been made to them or him by any person interested in
such property, requiring such assignees or trustee to decide whether
they or he will disclaim or not, and the assignees or trustee have
or has for a period of not less than twenty-eight days after the
receipt of such application, or such further time as may be allowed
by the Court, declined or neglected to give notice whether he
disclaims the same or not.[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 99
Power to allow bankrupt to manage property.

99. Subject to the provisions of this Act, the trustee shall have
power to receive and decide upon proof of debts in the prescribed
manner, and for such purpose to administer oaths.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 100
Power of trustee to compromise, &c.

100. The trustee may appoint the bankrupt himself to superintend the
management of the property, or of any part thereof, or to carry on
the trade of the bankrupt (if any) for the benefit of the
creditors, and in any other respect to aid in administering the
property in such manner and on such terms as the creditors direct.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 101
Power of trustee to accept composition or general scheme of
arrangement.

101. The trustee may, with the sanction of the committee of
inspection, do all or any of the following things.

(1)Mortgage or pledge any part of the property of the bankrupt for
the purpose of raising money for the payment of his debts:

(2)Refer any dispute to arbitration, compromise all debts, claims,
and liabilities, whether present or future, certain or contingent,
liquidated or unliquidated subsisting or supposed to subsist between
the bankrupt and any debtor or person who may have incurred any
liability to the bankrupt upon the receipt of such sums, payable at
such times, and generally upon such terms as may be agreed upon:

(3)Make such compromise or other arrangement as may be thought
expedient with creditors or persons claiming to be creditors in
respect of any debts provable under the bankruptcy:

(4)Make such compromise or other arrangement as may be thought
expedient with respect to any claim arising out of or incidental to
the property of the bankrupt, made or capable of being made on the
trustee by any person or by the trustee on any person:

(5)... divide in its existing form amongst the creditors, according
to its estimated value, any property which from its peculiar nature
or other special circumstances cannot advantageously be realised by
sale.

The sanction given for the purposes of this section may be a
general permission to do all or any of the above-mentioned things
or a permission to do all or any of them in any specified case
or cases.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 102
Trustee, if a solicitor, may be paid for services.

102. The trustee may, with the sanction of a special resolution of
the creditors assembled at any meeting of which notice has been
given specifying the object of such meeting, accept any composition
offered by the bankrupt, or assent to any general scheme of
settlement of the affairs of the bankrupt upon such terms as may
be thought expedient, and with or without a condition that the
order of adjudication is to be annulled, subject nevertheless to the
approval of the Court, to be testified by the judge of the Court
signing the instrument containing the terms of such composition or
scheme, or embodying such terms in an order of the Court.

Where the annulling the order of adjudication is made a condition
of any composition with the bankrupt or of any general scheme for
the liquidation of his affairs, the Court, if it approves of such
composition or general scheme, shall annul the adjudication on an
application made by or on behalf of any person interested, and the
adjudication shall be annulled from and after the date of the order
annulling the same.

The provisions of any composition or general scheme made in
pursuance of this Act may be enforced by the Court on a motion
made in a summary manner by any person interested, and any
disobedience of the order of the Court made on such motion shall
be deemed to be a contempt of Court. The approval of the Court
shall be conclusive as to the validity of any such composition or
scheme, and it shall be binding on all the creditors so far as
relates to any debts due to them and provable under the bankruptcy.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 103
Trustee to pay moneys into bank.

103. A trustee shall not, without the consent of the committee of
inspection, employ a solicitor or other agent, but where the trustee
is himself a solicitor he may contract to be paid a certain sum
by way of per-centage or otherwise as a remuneration of his
services as trustee, including all professional services, and any
such contract shall, notwithstanding any law to the contrary, be
lawful.[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 104
Payments by trustee into Insolvency Account or authorised account.

104. The trustee shall pay all sums from time to time received by
him into such bank as the majority of the creditors in number and
value at any general meeting shall appoint, and failing such
appointment into the Bank of Ireland; and if he at any time keep
in his hands any sum exceeding fifty pounds for more than ten
days, he shall be subject to the following liabilities; that is to
say

(1)He shall pay interest at the rate of twenty pounds per centum
per annum on the excess of such sum above fifty pounds as he may
retain in his hands:

(2)Unless he can prove to the satisfaction of the Court that his
reason for retaining the money was sufficient, he shall, on the
application of any creditor, be dismissed from his office by the
Court, and shall have no claim for remuneration, and be liable to
any expenses to which the creditors may be put by or in
consequence of his dismissal.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 104
1980 NI 14

104.(1) The trustee shall, in such manner and at such times as may
be prescribed by regulations made under Article 34 of the Bankruptcy
Amendment (Northern Ireland) Order 1980, pay the money received by
him as trustee to the Department, which shall lodge that money into
the Insolvency Account.

(2) If the committee of inspection satisfy the Department that for
any reason it is for the advantage of the creditors that the
trustee should pay the money received by him as trustee or part of
that money into a bank account other than the Insolvency Account,
the Department shall, on the application of the committee of
inspection, authorise the trustee to make payments into and out of
such other account as the committee may select, and thereupon those
payments shall be made in such manner and at such times as the
Department may direct.

(3) If the trustee at any time retains for more than 10 days a
sum exceeding #100 or such other amount as the Department in any
particular case authorises him to retain, then, unless he explains
the retention to the satisfaction of the Department,

(a)he shall pay interest on the amount so retained in excess at
the rate of 20 per annum, and

(b)he shall be liable to disallowance of all his remuneration or
such part of it as the Department may think just, and

(c)he shall be liable to be removed from his office by the Court
on the application of the Department, and

(d)he shall be liable to pay any expenses occasioned by reason of
his default.

(4) The trustee shall not pay any sums received by him as trustee
into his private banking account.

(5) Where any dividends declared by the trustee have remained
unclaimed for six months

(a)where payments into an account other than the Insolvency Account
have not been authorised under paragraph (2), the trustee shall
notify and vouch the dividends to the Department, which shall cause
the sums payable in respect of the dividends to be credited to the
Insolvency Account;

(b)where payments into some other account have been so authorised,
and the dividends have been debited to that account, the trustee
shall cause the sums payable in respect of the dividends to be
credited to that account.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 105
Allowance to bankrupt for maintenance or service.

105. All debts provable in bankruptcy under the said Act or this
Act may be proved in the prescribed manner before the trustee, and
the several provisions of the said Act and this Act as to the
proof and ascertainment of debts, and the nature, amount, and
relative priorities of same, shall extend and be applicable to all
debts which shall be proved before such trustee.

An estimate shall be made according to the rules of the Court for
the time being in force, so far as the same may be applicable,
and when they are not applicable at the discretion of the trustee,
of the value of any debt, provable as aforesaid, which by reason
of its being subject to any contingency or contingencies, or for
any other reason, does not bear a certain value.

Any person aggrieved by any estimate made by the trustee as
aforesaid may appeal to the Court, and the Court may thereupon
ascertain such value, or direct such value to be assessed in the
manner provided by the said Act or this Act.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 106
Distribution of dividends.

106. The trustee, with the consent of the creditors, testified by a
resolution passed in general meeting, may from time to time, during
the continuance of the bankruptcy, make such allowance as may be
approved by the creditors to the bankrupt out of his property for
the support of the bankrupt and his family, or in consideration of
his services if he is engaged in winding up his estate.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 107
Provision for creditors residing at a distance, &c.

107. [The trustee shall from time to time, when the committee of
inspection determines, declare a dividend amongst the creditors who
have proved to his satisfaction debts provable in bankruptcy, and
shall distribute the same accordingly; and] in the event of [his
not] [the trustee's not] declaring a dividend for the space of six
months, he shall summon a meeting of the creditors and explain to
them his reasons for not declaring the same.[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 108
Right of creditor who has not proved debt before declaration of a
dividend.

108. In the calculation and distribution of a dividend it shall be
obligatory on the trustee to make provision for debts provable in
bankruptcy appearing from the bankrupt's statements, or otherwise, to
be due to persons resident in places so distant from the place
where the trustee was acting that in the ordinary course of
communication they have not had sufficient time to tender their
proofs, or to establish them if disputed, and also for debts
provable in bankruptcy, the subject of claims not yet determined.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 109
Final dividend.

109. Any creditor who has not proved his debt before the
declaration of any dividend or dividends shall be entitled to be
paid out of any moneys for the time being in the hand of the
trustee any dividend or dividends he may have failed to receive
before such moneys are made applicable to the payment of any future
dividend or dividends, but he shall not be entitled to disturb the
distribution of any dividend declared before his debt was proved by
reason that he has not participated therein.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 110
Bankrupt entitled to surplus.

110. When the trustee has converted into money all the property of
the bankrupt, or so much thereof as can, in the joint opinion of
himself and of the committee of inspection, be realised without
needlessly protracting the bankruptcy, he shall declare a final
dividend, and give notice of the time at which it will be
distributed.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 111
No action for dividend.

111. The bankrupt shall be entitled to any surplus remaining after
payment of his creditors, and of the costs, charges, and expenses
of the bankruptcy.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 112
Close of bankruptcy.

112. No action or suit for a dividend shall lie against the
trustee, but if the trustee refuses to pay any dividend the Court
may, if it thinks fit, order the trustee to pay the same, and
also to pay out of his own moneys interest thereon for the time
that it is withheld, and costs of the application.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 113
Release of trustee.

113. When the whole property of the bankrupt has been realised for
the benefit of his creditors, or so much thereof as can, in the
joint opinion of the trustee and committee of inspection, be
realised without needlessly protracting the bankruptcy, or a
composition or arrangement has been completed, the trustees shall
make a report accordingly to the Court, and the Court, if satisfied
that the whole of the property of the bankrupt has been realised
for the benefit of his creditors, or so much thereof as can be
realised without needlessly protracting the bankruptcy, or that a
composition or arrangement has been completed, shall make an order
that the bankruptcy has closed, and the bankruptcy shall be deemed
to have closed at and after the date of such order.

A copy of the order closing the bankruptcy may be published in the
[Belfast Gazette], and the production of a copy of such Gazette
containing a copy of the order, shall be conclusive evidence of the
order having been made, and of the date and contents thereof.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 114
1980 NI 4

114. [When the bankruptcy is closed the trustee shall call a
meeting of the creditors to consider an application to be made to
the Court for his release.] [When the trustee proposes to apply to
the Department under Articles 27 and 39 of the Bankruptcy Amendment
(Northern Ireland) Order 1980 for his release he shall call a
meeting of the creditors to consider his intended application.] At
the meeting the trustee shall lay before the assembled creditors an
account showing the manner in which the bankruptcy has been
conducted, with a list of the unclaimed dividends, if any, and of
the property, if any, outstanding, and shall inform the meeting that
he proposes to apply to [the Court] [the Department] for a release.

[ The creditors assembled at the meeting may express their opinion
as to the conduct of the trustee, and they, or any of them, may
appear before the Court, and oppose the release of the trustee.

The Court, after hearing what, if anything, can be urged against
the release of the trustee, shall grant or withhold the release
accordingly, and if it withhold the release shall make such order
as it thinks just, charging the trustee with the consequences of
any act or default he may have done or made contrary to his duty,
and shall suspend his release until such charging order has been
complied with, and the Court thinks just to grant the release of
the trustee.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 115
Duty of trustee as to unclaimed dividends and outstanding property.

115. Unclaimed dividends, and any other moneys arising from the
property of the bankrupt, remaining under the control of the trustee
at the close of the bankruptcy of any bankrupt, or accruing
thereafter, shall be accounted and paid over to the "unclaimed
dividend account," in the same manner in all respects as if same
were unclaimed dividends in a bankruptcy under the said Act; and
same shall be subject to the like orders and be applied for the
same purposes as are mentioned in the said Act. The trustee shall
also deliver a list of any outstanding property of the bankrupt to
the prescribed persons, and the same shall, when practicable, be got
in and applied for the benefit of the creditors in manner
prescribed.][115.(1) When the trustee is released

(a)he shall deal with any unclaimed dividends as mentioned in
section 104(5), notwithstanding that they have not remained unclaimed
for six months;

(b)he shall pay to the Department

(i)any sums remaining in his hands which form part of the
bankrupt's estate, and

(ii)any sum remaining to the credit of an account in his name
which has been authorised under section 104(2) (including any sum
credited to that account under paragraph (a)),

for lodgment into the Insolvency Account; and

(c)he shall deliver to the official assignee a list of any
outstanding property of the bankrupt's.

(2) The property mentioned in paragraph (1)(c) shall, when
practicable, be got in and applied for the benefit of the
creditors.

(3) Where any sum accrues to the trustee after his release in
right of the bankrupt's estate, the trustee shall pay it to the
Department for lodgment into the Insolvency Account.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 116
Certified statement of accounts to be forwarded to Court.

116. The Order of the Court releasing the trustee of a bankruptcy
shall discharge him from all liability in respect of any act done
or default made by him in the administration of the affairs of the
bankrupt, or otherwise in relation to his conduct as trustee of
such bankrupt; but such order may be revoked by the Court on proof
that it was obtained by fraud.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 117
Audit of trustee's accounts.

117. The trustee having had his quarterly statement of accounts
audited by the committee of inspection, shall, within the prescribed
time, forward the certified statement in the prescribed form to such
officer of the Court as the Court may from time to time
direct.][117.(1) The trustee shall, at such times as may be
prescribed, send to the Department or as it directs an account in
the prescribed form and made in duplicate of his receipts and
payments as trustee.

(2) The trustee shall verify by a statutory declaration in the
prescribed form the account mentioned in subsection (1).

(3) The trustee shall furnish the Department with such vouchers and
information as the Department may require, and the Department may at
any time, whether at the premises of the trustee or elsewhere,
require the production of and inspect any books or accounts kept by
the trustee.

(4) The Department may cause any account sent to it under this
section to be audited.

(5) When the audit of an account has been completed, one copy of
the account shall be filed and kept by the Department and the
second copy shall be delivered to the Court for filing.

(6) Where the Department determines not to cause an account to be
audited, subsection (5) shall apply as if it required copies of the
accounts to be filed or delivered for filing forthwith.

(7) Subject to subsection (8), the trustee shall, either when the
account has been audited or when he has been notified by the
Department of its determination not to cause the account to be
audited, send a copy of the account to every member of the
committee of inspection.

(8) The Department may in any case dispense with compliance with
subsection (7).][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 118
Control of Department of Commerce over trustee.

118. Every trustee of a bankrupt shall from time to time, as may
be prescribed, and not less than once in every year during the
bankruptcy, transmit to such officer a statement showing the
proceedings in such bankruptcy up to the date of the statement
containing the prescribed particulars, and made out in the prescribed
form; and any trustee failing to transmit accounts in compliance
with this section shall be deemed guilty of a contempt of Court,
and be punishable accordingly.][118. The Department shall take
cognizance of the conduct of the trustee and, if he does not
faithfully perform his duties and duly observe all the requirements
imposed on him by any statutory provision or otherwise with respect
to the performance of his duties or if any complaint is made to
the Department by any creditor in regard thereto, the Department
shall inquire into the matter and take such action thereon as the
Department may think expedient.][

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 119
Powers of officer to whom accounts are transmitted.

119. The officer to whom the said statements shall be transmitted
as aforesaid shall examine the same, and shall call the trustee to
account for any misfeasance, neglect, or omission which may appear
on such statements, and may require the trustee to make good any
loss the estate of the bankrupt may have sustained by such
misfeasance, neglect, or omission. If the trustee fail to comply
with such requisition of such officer, such officer may report the
same to the Court; and the Court, after hearing the explanation, if
any, of the trustee, shall make such order in the premises as it
thinks just.]

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 120
Regulations as to trustees, &c.

120. [The said officer] [The Department] may, at any time require
any trustee to answer any inquiry made by [him] [the Department] in
relation to any bankruptcy in which such trustee is engaged, and
may, if [he think] [the Department thinks] fit, apply to the Court
to examine on oath such trustee or any other person concerning such
bankruptcy; [he] [the Department] may also direct a local
investigation to be made of the books and vouchers of the trustees.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 121
Court to have jurisdiction notwithstanding order to wind up by
trustee, &c.

121. The following regulations shall be made with respect to the
trustee and committee of inspection:

(1)The creditors may, if they think fit, appoint more persons than
one to the office of trustee, and where more than one are
appointed, they shall declare whether any act required or authorised
to be done by the trustee is to be done by all or any one or
more of such persons, but all such persons are in this Act
included under the term "trustee," and shall be joint tenants of
the property of the bankrupt. The creditors may also appoint persons
to act as trustees in succession in the event of one or more of
the persons first named declining to accept the office of trustee:

(2)If any vacancy occur in the office of trustee by death,
resignation, or otherwise, the creditors in general meeting shall
fill up such vacancy, and a general meeting for the purpose of
filling up such vacancy may be convened by the continuing trustee,
if there be more than one, or by the Court on the requisition of
any creditor:

(3)The Court may, upon cause shown, remove any trustee. The
creditors may, by special resolution at a meeting specially called
for that purpose, of which seven days notice has been given, remove
the trustee and appoint another person to fill his office, and the
Court shall give a certificate declaring him to be the trustee:

(4)If a trustee be adjudged bankrupt, he shall cease to be trustee,
and the Court shall, if there be no other trustee, call a meeting
of creditors for the appointment of another trustee in his place:

(5)The property of the bankrupt shall pass from trustee to trustee,
and shall vest in the trustee for the time being during his
continuance in office, without any conveyance, assignment, or transfer
whatever:

(6)The trustee of a bankrupt may sue and be sued by the official
name of "the trustee of the property of a bankrupt," inserting the
name of the bankrupt, and by that name may hold property of every
description, make contracts, sue and be sued, enter into any
engagements binding upon himself and his successors in office, and
do all other acts necessary or expedient to be done in the
execution of his office:

(7)The certificate of appointment of a trustee shall, for all
purposes of any law in force in any part of the United Kingdom or
in any of the dominions of Her Majesty, requiring registration,
enrolment, or recording of conveyances or assignments of property, be
deemed to be a conveyance or assignment of property, and may be
registered, enrolled, and recorded accordingly:

(8)Any member of the committee of inspection may resign his office
by notice in writing signed by him, and delivered to the trustee:

(9)The creditors may by resolution fix the quorum required to be
present at a meeting of the committee of inspection:

<(10)Any member of the committee of inspection may also be removed by a special resolution at any meeting of creditors of which the prescribed notice has been given, stating the object of the meeting:

<(11)On any vacancy occurring in the office of a member of the committee of inspection by removal, death, resignation, or otherwise, the trustee shall convene a meeting of creditors for the purpose of filling up such vacancy:

<(12)The continuing members of the committee of inspection may act, notwithstanding any vacancy in their body; and where the number of members of the committee of inspection is for the time being less than five, the creditors may increase that number, so that it do not exceed five:

<(13)No defect or irregularity in the election of a trustee or of a member of the committee of inspection shall vitiate any act bona8 fide done by him; and no act or proceeding of the trustee or of the creditors shall be invalid by reason of any failure of the creditors to elect all or any members of the committee of inspection:

<(14)If a member of the committee of inspection become a bankrupt his office shall thereupon become vacant:

<(15)Where there is no committee of inspection, any act or thing or any direction or consent by this Act authorised or required to be done or given by such committee may be done or given by the [Court] [Department] on the application of the trustee.

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 122
Rules of Court.

122. Where an order is made for winding up the bankrupt's estate
by a trustee and committee of inspection, the Court shall,
notwithstanding such order, but subject to the provisions and
restrictions aforesaid, have the same powers and authorities and may
make such orders, give such directions, and do all such matters and
things with respect to the bankrupt, his [schedule], creditors,
property, debtors to his estate, [and certificate, or as to the
trial or directing the prosecution of such bankrupt], or as to the
examination of witnesses as in proceedings in bankruptcy heard before
such Court under the said Act as amended by this Act.

S.123 rep. by 1946 c.13 (NI) s.16(3) sch.

1978 c.23

[

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 124

124. [Rules of court may be made under section 55 of the
Judicature (Northern Ireland) Act 1978 for the effectual execution of
this Act and such rules may, in particular, prescribe] regulations
as to the service of summonses and orders, including provisions for
substituted service; as to the valuing of any debts provable in a
bankruptcy; as to the valuation of securities held by creditors; as
to the giving or withholding interest or discount on or in respect
of debts or dividends; as to the funds out of which costs are to
be paid, the order of payment, and the amount and taxation thereof;
and as to any other matter or thing, whether similar or not to
those above enumerated, in respect to which it may be expedient to
make rules for carrying into effect the objects of this Act;....

Until rules have been made in pursuance of this Act, and so far
as such rules do not extend, the principles, practice, and rules on
which courts having jurisdiction in bankruptcy in Ireland have
heretofore acted in dealing with bankruptcy proceedings shall be
observed by any Court having jurisdiction in bankruptcy cases under
this Act.]

Schedule (A) rep. by SLR 1883. Schedules (B) (C) rep. by SRO (NI)
1970/163