hereby certify the several Matters aforesaid under my Hand and the Seal of Court, this Day of 18 A.B. (L.S.) Commissioner. SCHEDULE A d. The Bankrupt Law Consolidation Act, 1849. Court of Bankruptcy, Basinghall Street, London, (or at of Day of A.D. a Trader unable to meet Day WHEREAS his Engagements with his Creditors, did on the of present his Petition to this Honourable Court, under the Provisions of "The Bankrupt Law Consolidation Act, 1849," praying that a certain Proposal should be carried into effect, under the Superintendence and Control of the said Court: And whereas One of the Commissioners of the said Court acting in the Matter of the said Petition, caused certain Sittings of the Court to be held pursuant to the said Act: And whereas a certain Resolution or Agreement was duly assented to at such Sittings, which the said Commissioner, thinking the same to be reasonable and proper to be executed under the Direction of the said Court, caused to be filed and entered of Record therein: And whereas the said Resolution or Agreement has been fully carried into effect, and I am satisfied that the Official Assignee appointed to carry the said Resolution or Agreement into effect, has fully performed his Trust; I hereby certify the same under my Hand and the Seal of the Court, this 184 Day of A.B. (L.S.) Commissioner. SCHEDULE B a. The Bankrupt Law Consolidation Act, 1849. Certificate to Assignees or to a Creditor to entitle them to issue Writ of Execution. Court of Bankruptcy, Basinghall Street, London, (or at In the Matter of I HEREBY certify, That A.B. of a Bankrupt. and C.D. of Assignees of the Estate and Effects of the above-named Bankrupt, are Creditors of the said Bankrupt as such Assignees for the Sum of in trust for the Creditors of the said Bankrupt [or is a Creditor of the said Bankrupt for the 1, and that the said Bankrupt is not protected SCHEDULE B b. the The Bankrupt Law Consolidation Act, 1849. Day of Warrant against Person disobeying any Rule or Order of Court. WHEREAS by a Rule [or an Order] of this Court, bearing Date made for enforcing the Purposes and Provisions of the Bankrupt Law Consolidation Act, 1849 [or if of any other Act hereafter in force relating to the Subject Matters of this Act, or made or entered into by Consent for carrying into effect any of such Purposes or Provisions, alter the Recital accordingly, it was ordered, that [&c., &c., as in the Rule or Order] And whereas it is now proved that after the making of the said Rule [or Order], that is to say, on this Day of a Copy of the said Rule [or Order] was duly served on the said personally, and the original Rule [or Order] at the same Time shown to him, but the said refused [or neglected] to obey the same, and hath not as yet obeyed the said Rule [or Order] then These are therefore to will, require, and authorize you immediately upon Receipt hereof to take into your Custody the Body of the said A.B., and him safely to convey to Her Majesty's Gaol [or Prison] of [or called ] and him there to deliver to the Keeper of the said Prison, together with this Precept, and the Keeper of the said Prison is hereby required and authorized to receive the said A.B. into his Custody, and him safely to keep and detain, without Bail or Mainprize, until this Court, or the Vice Chancellor appointed to sit in Bankruptcy, or the Lord Chancellor, shall make Order to the contrary; and for so doing this shall be your sufficient Warrant. Given under my Hand and the Seal of the Court at the Court of Bankruptcy, London, [or at the Court of Bankruptcy for the County of ,] this District at Day of in the in the Year of our Lord One thousand eight hundred CA P. CVII. W An Act for the Amendment of the Law of Bankruptcy in Ireland. [1st August 1849.] HEREAS it is expedient to amend the Law of Bankruptcy : And whereas by an Act passed in the Reign of His late 6 & 7 W. 4. c. 14. 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 6 been found beneficial; and it is advisable to extend the Provi'sions 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 Commencement Authority of the same, That the Provisions of this Act, unless where otherwise herein specially provided, shall commence and take effect on the First Day of November One thousand eight hundred and forty-nine. of this Act. Laws at vari ance with this Act repealed. Petitioning may be dis- Person against whom a Com mission has issued, on Proof of probable Cause for be 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. And be it enacted, That in every Case of a Petition for the Issue of a Commission of Bankrupt the Lord Chancellor of Ireland 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. 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 lieving that he to quit Ireland, or to remove or conceal any of his Goods or is about to quit Chattels with Intent to defraud his Creditors, unless he be forthIreland, or to with apprehended, it shall be lawful for such Commissioners or remove or con- 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. ceal his Goods with Intent to defraud Creditors, may be arrested. Penalty on Gaoler suffer ing 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 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. Provided always, and be it enacted, That it shall be lawful Any Person so for any Person arrested upon any such Warrant, or for any Person arrested may whose Books, Papers, Monies, Securities for Monies, Goods or apply for his Chattels, have been seized under any such Warrant, to apply, at Discharge forthwith. 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 Commis- Commissioner sioners or Commissioner, at the Time named in such Summons, may discharge or at any Adjournment thereof, to make such Order as to them the Person, or 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 Order to direct when and to whom same shall be paid; provided Order may that any such Order may be rescinded or varied by the Lord be appealed Chancellor of Ireland, on Application made to him by either Party dissatisfied with such Order. not. from. VII. And be it enacted, That no Person shall be liable to No Person become bankrupt by reason of any Act of Bankruptcy committed liable for more more than Twelve Months prior to the issuing of any Commission than 12 Months. of Bankrupt against him. within a Year sufficient to support Adju dication. Requisite Amount of Petitioning Cre ditor's Debt. VIII. And be it enacted, That an Act of Bankruptcy committed Bankruptcy 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. 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 Credior, 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. And be it enacted, That all Livery Stable Keepers, Coach Persons specialProprietors, Carriers, Ship Owners, Auctioneers, Apothecaries, ly named liable Market Gardeners, Cowkeepers, Brickmakers, Alum Makers, to become Limeburners, and Millers shall be deemed Traders, and subject Bankrupts. and Power to Commissioner to summon Trader, if Creditor make Affidavit of his Debt, and of his having required Pay ment. Manner of proceeding on Summons of Trader by a Creditor. Trader not attending Summons or refus and liable as Traders to this and to the other Statutes relating to Bankrupts. 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 in Ireland, 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. 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 Âdmission 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 said Office of the Lord Chancellor's Secretary of Bankrupts, in the Form specified in the said Schedule (B. No. 2.), that he verily believes he has a good Defence to the said Demand, or to some and what Part thereof. XIII. And be it enacted, That if any such Trader so summoned as aforesaid shall not come before such Commissioners, or One of ing to admit the them, at the Time appointed, (having no lawful Impediment, made Demand, and Defence there to, and not paying or compounding in a known to and proved to the Satisfaction of the said Commissioners, or One of them, at the said Time, and allowed,) or if any such Trader, upon his Appearance to such Summons as aforesaid, or at any Enlargement or Adjournment thereof, as the Case may be, shall refuse to admit such Demand, and shall not make a Deposition in the Form herein-before mentioned that he believes he has a good Defence to such Demand, then and in either of the said Cases, if such Trader shall not, within Fourteen Days after or giving Bond personal Service of such Summons, or within such enlarged Time for Payment, as may be granted to him in that Behalf, pay, secure, or compound for such Demand to the Satisfaction of such Creditor, or enter into a Bond, in such Sum and with Two sufficient Sureties as such Commissioners or One of them shall approve of, to pay such Sum as shall be recovered in any Action which shall have been brought or shall thereafter be brought for the recovering of the same, certain Time, deemed to have committed an Act of Bank. ruptcy. together |