shall forthwith cause the notice of adjudication to be advertised, and appoint the sittings for the bankrupt to surrender and conform.

132. Immediately after the insertion of the notice of adjudication in the Gazette, or if the bankrupt, before the expiration of the time allowed for shewing cause against the adjudication, surrender himself, and give consent to such insertion, then immediately after such surrender the bankrupt shall (if thereunto required by the official assignee) deliver up to the official assignee, upon oath to be made before the Court or any registrar thereof, or before a Master ordinary or extraordinary in Chancery, or Justice of the Peace, all books of account, papers, and writings relating to his estate in his custody or power, and discover such as are in the custody or power of any other person; and every bankrupt not in prison or custody shall at all times after such surrender attend the assignees, upon every reasonable notice in writing for that purpose given by them to him, or left at his usual or last known place of abode, and shall assist such assignees in making out the accounts of his estate; and such bankrupt, after he shall have surrendered, may, at all seasonable times before the expiration of such time as shall be allowed to him to finish his examination, inspect his books, papers, and writings in the presence of his assignees, or any person appointed by them, and bring with him each time any two persons to assist him; and every such bankrupt, after he shall have obtained his certificate, shall, upon demand in writing given to him or left at his usual or last known place of abode, attend the assignees to settle any accounts between his estate and any debtor to or creditor thereof, or attend any court of record to give evidence touching the same, or do any act necessary for getting in or protecting the said estate, for which attendance he shall be paid by the official assignee out of his estate such sum as the Court shall direct.

133. If the bankrupt be not in prison or in custody at the date of the adjudication, he shall be free from arrest or imprisonment by any creditor in coming to surrender, and after such surrender during the time by this Act limited for such surrender, and for such further time as shall be allowed him for finishing his examination, and for such time after finishing his examination until his certificate be allowed, as the Court shall from time to time think fit to appoint; and whenever any bankrupt is in custody under any process, attachment, execution, commitment, or sentence, the Court may, by warrant directed to the person in whose custody he is confined, cause him to be brought before it at any sitting, either public or private, and if he be desirous to surrender he shall be so brought up, and the expense thereof shall be paid out of his estate, and such person shall be indemnified by the warrant of the Court for bringing up such bankrupt; and where any person who been adjudged bankrupt, and has surrendered,

and obtained his protection from arrest, is in prison or in custody for debt at the time of his obtaining such protection, the Court may, except in the cases next hereinafter mentioned, order his immediate release, either absolutely or upon such conditions as it shall think fit: Provided always, that the Court shall not order such release where it shall appear that he is in custody for any debt contracted by fraud or breach of trust, or by reason of any prosecution against him whereby he had been convicted of any offence, or for any debt contracted by reason of any judgment in any proceeding for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious trespass, maliciously suing out a commission of bankrupt, or maliciously filing or prosecuting a petition for adjudication in bankruptcy: Provided also, that such release shall in nowise affect any rights of the creditor at whose suit the bankrupt may be in custody against the bankrupt, except the right of detaining him in custody whilst protected from imprisonment by order of the Court.

134. If any bankrupt shall be arrested for debt in coming to surrender, or shall, after his surrender, and while protected by order of the Court, be so arrested, he shall, on producing such protection to the officer who shall arrest him, and giving such officer a copy thereof, be immediately discharged; and if any officer shall detain any such bankrupt after he shall have shewn such protection to him, except for so long as shall be necessary for obtaining a copy of the same, such officer shall forfeit to such bankrupt, for his own use, the sum of 5l. for every day he shall detain such bankrupt, to be recovered by action of debt in any of Her Majesty's superior courts of record in Dublin, in the name of such bankrupt, with full costs of suit.

135. The petitioning creditor shall, at his own costs, file his petition, and prosecute the same, until the choice of assignees by the creditors; and the Court shall, at or after the sitting for such choice, make order for the payment of such costs out of the estate of the bankrupt in course of priority to be settled by any general order to be made in pursuance of this Act.

136. No petition of bankruptcy shall be dismissed, nor any adjudication reversed, by reason only that the petition or act of bankruptcy has been concerted or agreed upon between the bankrupt, his solicitor or agent, or any of them, and any creditor or other person.

137. If any bankrupt shall die after adjudication the Court may proceed in the bankruptcy as if such bankrupt were living.

138. The bankrupt shall prepare such balance

sheet and accounts, and in such form as the Court shall direct, and shall subscribe such balance sheet and accounts, and file the same in the Bankrupt Office, and deliver a copy thereof to the official assignee, ten days at least before the day appointed for the last examination, or the adjournment day thereof; and such balance sheet and accounts may before such last examination be amended from time to time as occasion shall require and such Court shall direct; and the bankrupt shall make oath of the truth of such balance sheet and accounts, whenever he shall be duly required by the Court so to do; and the Court may, on the application of the assignees or of the bankrupt, make such allowance out of the estate of the bankrupt for the preparation of such balance sheet and accounts, and to such person, as the Court shall think fit, in any case in which it shall be made to appear to the satisfaction of the Court, from the nature of the accounts or other good cause, that the bankrupt required assistance in that behalf.

139. If any bankrupt apprehended by any warrant of the Court shall, within the time allowed for him to surrender, submit to be examined, and in all things conform, he shall have the same benefit as if he had voluntarily surrendered.

140. It shall be lawful for the Court, at the time appointed for the last examination of the bankrupt, or at any enlargement or adjournment thereof, to adjourn such examination sine die.

141. It shall be lawful for the Court, at the time appointed for the last examination of the bankrupt, or any enlargement or adjournment thereof, whether the examination shall be passed or not, to order that the bankrupt shall be free from arrest or imprisonment for such time (if any) as such Court shall from time to time think fit to appoint.

142. Whenever any bankrupt is in custody the Court may appoint a person to attend him from time to time, and produce to him his books, papers, and writings, in order that he may prepare his balance sheet, and shew the particulars of his estate and effects, previous to his last examination.

143. Forthwith after the bankrupt shall have passed his last examination, if no prosecution shall have been directed by the Court, nor any charge of fraud have been entered on the proceedings, nor any objection to the signing of the certificate be entered in the court, the certificate of conformity shall be prepared by the chief registrar, and signed by the Court, and notice of the allowance of such certificate shall be advertised in the Dublin Gazette in such manner as may be directed by any General Order; but if any objection to the grant

ing of the certificate be made before or at the last examination, then the Court shall appoint a public sitting for the allowance of the certificate (whereof twenty-one days' notice shall be given in the Dublin Gazette), and at such sitting or any adjournment thereof the assignees, or any of the creditors of such bankrupt, may be heard against the allowance of such certificate; and the Court having regard to the conformity of the bankrupt to the law of bankruptcy, and to his conduct as a trader before as well as after his bankruptcy, and whether the allowance of such certificate be opposed by any creditor or not, shall judge of any objection against allowing such certificate, and either find the bankrupt entitled thereto, and allow the same, or suspend the allowance thereof for any period not exceeding three years.

144. The certificate of conformity shall be in writing under the seal of the Court and the hand of one of the Judges 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 fullness of such discovery, and shall be in the form contained in Schedule (O.) to this Act annexed, or to the like effect; and notice of the allowance of such certificate shall be advertised in the Dublin Gazette in such manner as may be directed by any General Order to be made in pursuance of this Act.

145. The certificate of conformity shall, subject to the provisions herein contained, discharge the bankrupt from all debts due by him at the date of the filing of the petition of bankruptcy, and from all claims and demands proveable under the bankruptcy: Provided always, that no such certificate shall release or discharge any person who was a partner with such bankrupt or was jointly bound or had made any joint contract with such bankrupt.

146. Any contract or security made or given by any bankrupt or other person unto or in trust for any creditor, for securing the payment of any money due by such bankrupt at his bankruptcy as a consideration or with intent to persuade such creditor to forbear opposing, or to consent to the allowance of the bankrupt's certificate, shall be void, and the money thereby secured or agreed to be paid shall not be recoverable.

147. No bankrupt after his certificate shall have been allowed shall be liable to pay or satisfy any debt, claim, or demand from which he shall have been discharged by virtue of such certificate, or any part of such debt, claim, or demand, upon any contract, promise, or agreement made after the filing of the petition of bankruptcy; and the money thereby secured or agreed to be paid shall not be recoverable.

148. Any bankrupt who shall, after his certificate shall have been allowed, be arrested or have any action brought against him for any debt, claim, or demand proveable under his bankruptcy, shall be discharged, and may plead in general that the cause of action accrued before he became bankrupt, and may give this Act and the special matter in evidence; and such bankrupt's certificate shall be sufficient evidence of the trading, bankruptcy, petition for adjudication, and other proceedings precedent to the obtaining such certificate; and if any such bankrupt shall be taken in execution or detained in prison for such debt, claim, or demand, it shall be lawful for any Judge of the court wherein judgment has been so obtained, on such bankrupt producing his certificate, to order any officer who shall have such bankrupt in custody by virtue of such execution to discharge such bankrupt, without exacting any fee, and such officer shall be hereby indemnified for so doing.

149. Any bankrupt, at any time after adjudication, may call a meeting of his creditors (whereof and of the purport whereof ten days' notice shall be given in the Dublin Gazette); and if the bankrupt or his friends shall make an offer of composition, and three fifths in number and value of the creditors assembled at such meeting, or represented at such meeting by an agent authorized in writing, shall agree to accept the same, another meeting for the purpose of deciding upon such offer shall be appointed to be holden, whereof such notice shall be given as aforesaid, and notice of the meeting, and of the composition to be offered, shall also be delivered to each creditor, or left at his place of business or last or usual place of abode, or transmitted to him by post, ten days before such second meeting; and if at such second meeting three fifths in number and value of the creditors then present or represented by an agent authorized in writing shall also agree to accept such offer, the Court may, upon such acceptance being testified in writing, and upon payment of such sum as the Court shall direct, annul the adjudication of bankruptcy; and every creditor of such bankrupt shall be bound to accept of such composition.

150. In deciding upon the offer of composition, no creditor whose debt is below 207. shall be reckoned in number, but the debt due to such creditor shall be computed in value; and every creditor to the amount of 50%. and upwards, residing out of Ireland, shall be served personally, or in such other form as the Court shall direct, with a copy of the notice of the meeting to decide upon such offer as aforesaid, and of the purpose for which the same is called, so long before such meeting as that he may have time to vote thereat; and if any creditor shall agree to accept any gratuity or higher composition for assenting to such offer, he shall forfeit the debt due to him, together with such gratuity or composition; and the bankrupt shall (if thereto

required) make oath before the Court that there has been no such transaction between him, or any person with his privity, and any of the creditors, and that he has not used any undue means or influence with any of them to attain such assent.

151. If any joint-stock company within the meaning of this Act shall commit any act which by this Act is to be deemed an act of bankruptcy on the part of any such company, a petition of bankruptcy may be filed against such company, upon the petition of any creditor or creditors of such company (whether a member or members of such company or not) to such amount as is requisite to support a petition of bankruptcy; and the Judges of the court may proceed thereon in like manner as against other bankrupts, subject always to the provisions hereinafter made.

152. The bankruptcy of any such company in its associated capacity shall not be construed to be the bankruptcy of any member of such company in his individual capacity.

153. If any such company shall, by virtue of a resolution to be duly passed in that behalf by the directors of such company, file or cause to be filed in the court a declaration in writing, in the form specified in the Schedule (C.) No. 2. hereunto annexed, that the said company is unable to meet its engagements, such declaration being under the common seal of such company, and if such company have no common seal, then signed by the chairman of the board of directors who was present at the passing of such resolution, and in either case such declaration being attested by the attorney or solicitor of the said company for the time being, every such company shall be deemed thereby to have committed an act of bankruptcy at the time of filing such declaration, provided a petition of bankruptcy shall be filed against such company within two calendar months from the filing of such declaration.

154. If any plaintiff shall recover judgment in any action for the recovery of any debt or money demand in any of Her Majesty's courts of record, against any such company, and shall be in a situation to sue out execution upon such judgment, and there be nothing due from such plaintiff which may be set off against such judgment, and such company shall not, within fourteen days after notice in writing served upon the said company, requiring immediate payment of such judgment debt, pay, secure, or compound for the same to the satisfaction of such plaintiff, such company shall be deemed to have committed an act of bankruptcy on the fifteenth day after service of such notice.

any such company, ordering any sum of money to be paid by such company, and such company shall disobey such decree or order, the person entitled to receive such sum under such decree or order, or interested in enforcing the payment thereof, may apply to the Court by which the same shall have been pronounced to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such company, being served with such last-mentioned order fourteen days before the day therein appointed for payment of such money, shall neglect to pay the same, such company shall be deemed to have committed an act of bankruptcy on the day so appointed for the payment of such money.

156. If any creditor of any such company to such an amount as is requisite to support a petition for adjudication shall file an affidavit in the court that such debt or debts is or are justly due to him or them respectively from the said company, and shall cause such company to be served with a copy of such affidavit, and with a notice in writing, stating that such affidavit hath been filed pursuant to this Act, and requiring immediate payment of such debt, and if such company shall not, within twenty-one days after such service, pay, secure, or compound for such debt or debts to the satisfaction of such creditor or creditors, or enter into a bond with two such sufficient securities as shall be approved of by the Court or by any Master extraordinary of the Court of Chancery to pay such sum as shall be recovered in any suit for the recovery of the said debt, every such company shall be deemed to have committed an act of bankruptcy on the twenty-second day of the service of such notice and affidavit.

157. It shall be lawful for the assignees of the estate and effects of any such company to maintain any suit against any person (whether a member of such company or not), to recover any debt or demand on behalf of the said company against such person, and for any person to prove or claim against such company such debt or demand as may be due to him or them (whether a member of such company or not), on the balance of accounts between him and the said company.

158. No claim or demand which any member of any such company may have in respect of his share of the capital or joint stock thereof, or of any dividends, interests, profits, or bonus payable or apportionable in respect of such share, shall be capable of being set off against any demand which the assignees of such company may have against such member on account of any other matter or thing whatsoever, but all proceedings in respect of such matter or thing may be carried on as if no claim or demand existed in respect of such capital or joint stock, or of any dividends, interests, profits, or bonus payable or apportionable in respect thereof.

159. The Court may at any time after the advertisement of the bankruptcy of any such company or body in the Dublin Gazette order that the persons who were at the date of such petition directors of such company, or such of them as the Court shall think fit, or if there be no directors then that such members of the company as the Court shall think fit, shall prepare such balance sheet and accounts, and in such form as the Court shall direct, and shall subscribe such balance sheet and accounts, and file the same, and deliver a copy thereof to the assignee ten days at least before the last examination; and such balance sheet and accounts, before such last examination, may be amended from time to time as occasion shall require and the Court should direct; and such persons shall make oath of the truth of such balance sheet and accounts whenever they shall be duly required so to do; and the Court may from time to time make such allowance out of the estate of such company for the preparation of such balance sheet and accounts, and to such person or persons as the Court shall think fit.

160. Every such person ordered to prepare such balance sheet and accounts shall be under the like obligation to surrender and to sign and subscribe such surrender, and to submit to be examined before the Court from time to time upon oath, and to make a full and true discovery of the estate and effects of such company, and shall incur such danger or penalty for not surrendering, or for not signing or subscribing such surrender, or for not coming before the Court, or for refusing to be sworn and examined, or for not fully answering to the satisfaction of the Court, or for refusing to sign or subscribe his examination, or for not delivering up at the last examination all such part of the estate of such company, and all books, papers, and writings relating thereunto, as shall be in his possession, custody, or power, or for removing, concealing, or embezzling any part of such estate to the value of 10l. or upwards, or any books of account, papers, or writings relating thereto, with intent to defraud the creditors of such company, as is provided as to a bankrupt for not conforming to the like requisitions for the discovery of and in relation to the estate and effects of such bankrupt.

161. Every such person so ordered to prepare such balance sheet and accounts shall have such freedom from arrest and imprisonment in coming to surrender, and such discharge if arrested in coming to surrender, as a bankrupt may have under a petition of bankruptcy against him; and such person or persons, if in prison, may be brought before such Court by warrant in like manner as such bankrupt now may.

162. Where any person who, at or before the date of a petition of bankruptcy filed against any such company, was a member of such company, shall be summoned to attend before the Court,

every such person shall have such costs and charges (if any) as the Court shall think fit.

163. If any person who, at or before the date of the petition against any such company, was a member of such company, but not being a person so ordered as aforesaid to prepare such balance sheet and accounts, or if any other person, shall wilfully conceal any real or personal estate of any such company, and shall not within thirty days after the advertisement of the adjudication against such company discover such estate to the Court, or to the assignees, every such person shall forfeit the sum of 100%., and double the value of the estate so concealed.

164. After the adjudication of bankruptcy shall have been advertised, it shall be lawful for the Court to order any treasurer or other officer, or any attorney or solicitor or other agent of the company adjudged bankrupt, to pay and deliver over to the assignees, or to the Bank of Ireland or any of the branches thereof, all monies or securities for money in his custody, possession, or power as such officer or agent, and which he is not by law entitled to retain as against the bankrupt or bankrupts, or his or their assignees.

165. It shall be lawful for the Court to make all such orders and give all such directions as shall be necessary for the final winding up and settling the affairs of such company, and to compel a just contribution from all the members of such company towards the full payment of all the debts and liabilities of such company, and of the costs of winding up and finally settling the affairs of such company, and for that purpose to take all such accounts and make all such inquiries as shall be required; and the Court may order payment to the assignees of the several and respective sums of money which shall be found necessary and proper to be paid in or towards satisfaction of the debts which by the proceedings in bankruptcy shall have been found to be due to the creditors of such company, and all persons having claims and demands thereon, and also in satisfaction of costs, and may order the assignees to apply such sums of money in satisfaction of such debts, claims, and demands, and costs.

166. It shall be lawful for the Court at any time after adjudication, and from time to time, to make calls on all or any of the members or contributories of the company for payment of all or any sums the Court may deem necessary to satisfy the debts of the company and the costs of winding it up.

167. It shall be lawful for the Court at any time after the adjudication of bankruptcy shall have been advertised, by its order, to stay the prosecution of any action, suit, or other proceeding, or the issuing of any execution, in respect of any debt or demand proveable under the petition against

the property or person of any member or former member of such company, either absolutely or on such terms and conditions as to the Court shall seem fit.

168. Previous to passing the last examination under a petition against any such company it shall be the duty of the Court to inquire into the cause of the failure of such company; and after the passing of such last examination, or after the time allowed by the Court for that purpose shall have elapsed, the Court shall cause a copy of the balance sheet filed in the court to be transmitted to the Committee of Privy Council for Trade, and the Court shall at the same time certify in writing to the said committee what, in the opinion of the Court, was the cause of the failure of such company, and state any special circumstances relating to the formation or management of the affairs of such company which to the Court shall seem expedient and material, and shall cause to be annexed to such certificate a copy of the examination of any person or persons taken under such petition, and which the Court shall deem material, relating to the formation or management of the affairs of such company or body.

169. After the Court shall have certified to the said committee the cause of the failure of any such company, it shall and may be lawful for Her Majesty, her heirs and successors, upon the recommendation of the said committee, by any instrument in writing under her or their Great Seal of Ireland, to signify her or their pleasure for revoking and making void, and thereby to revoke and make void, all the powers, privileges, and advantages at any time by any charter or letters patent or Act of Parliament granted to such company, and to determine the same, and thereupon the said powers, privileges, and advantages shall accordingly be revoked, and the same company shall be determined, without any inquisition, scire facias, or any matter or thing to make void or determine the same, anything in such charter or letters patent or Act of Parliament contained to the contrary notwithstanding.

170. After the Court shall have certified to the said committee the cause of the failure of any such company, the said committee may, whenever it shall think fit, cause all the papers relating to such failure, and to the formation and management of such company, and to the conduct of any of the directors or other officers of the said company therein, or to any or either of such matters, to be laid before Her Majesty's Attorney General for Ireland, who shall direct whether any and what proceedings shall be taken thereupon against any person who was a director or other officer of such company, or any other person.

171. Until the determination of such company by Her Majesty, her heirs or successors, such com