Bankrupts in
Execution may

be ordered to
be discharged.

Bankrupt not liable, unless upon Promise in Writing, to pay Debt discharged by Certificate.

Allowance to
Bankrupts.

Allowance not

shall be sufficient Evidence of the Trading, Bankruptcy, Commission, 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, where Judgment has been obtained before the Confirmation of his Certificate, 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.

LX. And be it enacted, That no Bankrupt, after such Certificate shall have been confirmed, shall be liable to pay or satisfy any Debt, Claim, or Demand for 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 or to be made after the suing out of said Commission, unless such Contract, Promise, or Agreement be made in Writing, signed by the Bankrupt, or by some Person thereto lawfully authorized in Writing by such Bankrupt.

LXI. And be it enacted, That every Bankrupt who shall have obtained his Certificate under any Commission issued after the Commencement of this Act, if the net Produce of his Estate in hand shall by any Order of Dividend (with or without prior Dividend) pay the Creditors who before or at the Time of making such Order have proved Debts under the Commission Ten Shillings in the Pound, shall be allowed and paid Five Pounds per Centum out of such Produce, provided such Allowance shall not exceed Four hundred Pounds; and every such Bankrupt, if such Produce shall, with or without prior Dividend, pay such Creditors Twelve Shillings and Sixpence in the Pound, shall be allowed and paid as aforesaid Seven Pounds Ten Shillings per Centum, provided such Allowance shall not exceed Five hundred Pounds; and every such Bankrupt, if such Produce shall, with or without prior Dividend, pay such Creditors Fifteen Shillings in the Pound or upwards, shall be allowed and paid as aforesaid Ten Pounds per Centum, provided such Allowance shall not exceed Six hundred Pounds; and payable till 12 provided always, that such Allowance as aforesaid shall not be payable to any Bankrupt until after the Expiration of Twelve Months from the Date of the Commission, and such Allowance shall then be payable only in the event of the Dividends paid to the Creditors who at any Time before the Expiration of such Twelve Months for 12 Months. shall have proved Debts under the Commission being of the requisite Amount in that Behalf aforesaid, and shall not be payable to any Bankrupt who shall not have been a Trader for at least Twelve consecutive Months before the Date of the Commission; and if at the Expiration of Twelve Months from the Date of the Commission the Dividends paid as aforesaid shall not amount to Ten Shillings in the Pound, or if no Dividend shall have been ordered or paid, it shall be lawful for the Commissioners or Commissioner to allow any Bankrupt, whether he shall or shall not have been a Trader for Twelve Months before the Date of the Commission, so much as the Assignees and Commissioners shall think fit, not exceeding Three Pounds per Centum, or Three hundred Pounds,

Months after

Date of Commission, and Bankrupt has been a Trader

Allowance, if at Expiration of 12 Months Dividend paid be

under 10s., &c.

LXII. And

LXII. And be it enacted, That in all joint Commissions under One Partner which any Partner shall have obtained his Certificate, if a sufficient may receive Dividend shall have been paid upon the joint Estate and upon the Allowance, separate Estate of such Partner, he shall be entitled to his Allow- though others ance, although his other Partner may not be entitled to any Allowance.

not entitled.

LXIII. And be it enacted, That upon all Debts or Sums certain Interest upon whereupon Interest is not reserved or agreed for, overdue at the Debts when issuing of the Commission of Bankruptcy, and proveable there- proveable, though not under, and payable at a certain Time or otherwise, the Creditors reserved or shall be entitled to prove for Interest, to be calculated to the Date agreed for. of the Commission of Bankruptcy, at a Rate not exceeding the current Rate of Interest, from the Time when such Debts or Sums certain were payable, if such Debts or Sums be payable by virtue of some written Instrument at a certain Time, or, if payable otherwise, then from the Time when Demand of Payment shall have been made in Writing, so as such Demand shall give Notice to the Debtor that Interest will be claimed from the Date of such Demand until the Time of Payment.

LXIV. And be it enacted, That at least Eight Days before the Duplicate of Day appointed for the final Examination of any Bankrupt he shall, Schedule to be in addition to the Copy of his Schedule which he shall have fur- left with Regisnished to the Assignee, furnish to and deposit with the Registrars rupt, and open trars by Bank. of the Court of Bankruptcy a Duplicate Copy of said Schedule; to Inspection. and such Copy shall be produced by the said Registrars, at such Time and Place as the said Commissioners shall by any General Rule or Order direct, to any Person applying for Liberty to peruse same, and paying to the said Registrars for such Liberty a Fee of One Shilling.

LXV. And be it enacted, That when and so soon as the Proceedings under any Commission shall cease, whether by a final Dividend being struck, or the Commission being superseded, or otherwise, the Assignees and Agent to such Commission, or such of them as shall have the Custody of the same, shall thereupon deposit with the Registrars of the said Court of Bankruptcy the File of Proceedings under such Commission, and such File shall from Time to Time thereafter be produced for Inspection or Perusal to said Assignees and Agent, or to such other Person only as the said Commissioners or Commissioner shall order or direct; and for every such Production thereof the said Registrars shall be entitled to a Fee of One Shilling; and said Registrars and each of them shall be responsible for the safe keeping of all Files so deposited with them.

LXVI. And be it enacted, That the Registrars of the Court of Bankruptcy, and their Successors, who shall be from Time to Time appointed by the Lord Chancellor as a Vacancy shall arise, shall continue in their respective Offices so long as they shall respectively behave themselves well, and shall not be removed except by Writing under the Hand of the Lord Chancellor, on sufficient Cause therein specified.

When Proceed

ings cease, File to be deposited

with the Registrars.

Registrars of Court of Bankruptcy to hold Office during good Behaviour.

LXVII. And be it enacted, That the said Commissioners or Commissioners Commissioner of Bankrupt may, in their or his Discretion, permit may permit any Mortgagee to bid at any Sale of the mortgaged Premises which Mortgagees to shall take place before the said Commissioners or Commissioner.

LXVIII. And

bid at Sale.

Goods seized

under Attachments shall be delivered up.

Before whom Affidavits are to be sworn.

Rules to be made as to

Commissions.

LXVIII. And be it enacted, That all Goods and Chattels of any Bankrupt which shall at the Date and issuing of the Commission against him be under Seizure by virtue of any Attachment shall, upon Demand, be delivered up by all Persons having the Custody of same to any Person appointed by said Commissioners or either of them, or to the Assignee or Assignees of the Bankrupt's Estate.

LXIX. And be it enacted, That all Affidavits to be made or used in Matters of Bankruptcy, or under or by virtue of any Statute relating to Bankrupts, or of this Act, shall and may be sworn before the Commissioners of Bankrupt, or One of them, or before either of the Registrars of the Court of Bankruptcy in Ireland, or before any Master in Ordinary of the High Court of Chancery in Ireland, or before the Examiner of any such Master in Ordinary or before any Master Extraordinary of the High Court of Chancery in Ireland, or, in England or Scotland, before any Commissioner appointed by the Court of Chancery in Ireland for taking Affidavits in England or Scotland or any Part thereof, or before a Magistrate of the County, City, Town, or Place where any such Affidavit shall be sworn, or elsewhere before a Magistrate, and attested by a Notary, or before a British Minister, Consul, or Vice Consul.

LXX. And be it enacted, That it shall be lawful for the Commissioners of Bankrupt, acting together, to make from Time to Proceedings in Time, subject to the Sanction and Confirmation of the Lord Chancellor, General Rules and Orders for regulating the Forms of Proceedings (where not provided for by this Act) and the Practice to be observed in the Prosecution of Commissions of Bankrupt or other Proceedings under this Act, and from Time to Time to amend and vary the same, subject to such Sanction and Confirmation.

Warrants and

Summons, as to signing and sealing.

How Summons may be served

where the Party is keeping out of the way.

LXXI. And be it enacted, That every Warrant issued by any Commissioner authorized to act in the Prosecution of any Commission of Bankrupt shall be under the Hand and Seal of One of the Commissioners acting in the Prosecution of such Commission and every Summons issued by any such Commissioner shall be in Writing under the Hand of One of such Commissioners.

LXXII. And be it enacted, That if in any Case it shall be shown by Affidavit, to the Satisfaction of the Commissioners or Commissioner authorized to act in the Prosecution of any Commission of Bankrupt, by whom, or One of them, any Notice, Order, or Summons shall have been issued, that the Party to whom such Summons is directed is keeping out of the way, and cannot be personally served with such Notice, Order, or Summons, and that due Pains have been taken to effect such personal Service, it shall be lawful for such Commissioners or Commissioner to order, by Endorsement upon such Notice, Order, or Summons, that the Delivery of a Copy of such Notice, Order, or Summons to the Wife or Servant or some adult Inmate of the House or Family of the Party at his usual or last known Place of Abode or Business, and explaining the Purport thereof to such Wife, Servant, or Inmate, shall be equivalent to personal Service; and in every such Case the Service of such Notice, Order, or Summons in pursuance of such Order shall be and be deemed and taken to be of

the

the same Force and Effect to all Intents and Purposes as if a Copy of such Notice, Order, or Summons had been delivered to the Party in Person.

LXXIII. And be it enacted, That any Bankrupt or other Person Punishment who shall upon any Examination upon Oath or Affirmation before of Persons the Commissioners or Commmissioner authorized to act in the giving false Evidence, or Prosecution of any Commission of Bankrupt, or in any Affidavit swearing or or Deposition or solemn Affirmation authorized or directed by affirming this or any other Act relating to Bankrupts, wilfully and corruptly falsely. give false Evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the Penalties of wilful and corrupt Perjury.

LXXIV. And be it enacted, That all Sums of Money forfeited Application of under this Act, or by virtue of any Conviction for Perjury com- Forfeitures. mitted in any Oath hereby directed or authorized, may be sued for by the Assignees of the Estate and Effects of any Bankrupt in any of Her Majesty's Superior Courts of Record; and the Money so recovered (the Charges of Suit being deducted) shall be divided among the Creditors.

view.

LXXV. And be it enacted, That all Bills of Fees and Dis- Bills of Solicibursements of any Solicitor or Attorney employed under any tors to be taxed Commission of Bankrupt, for Business done under such Employ- by a Registrar, ment, shall be taxed and ascertained by the Registrars of the Court subject to Reof Bankruptcy, or One of them, subject to Review of One of the Commissioners of Bankrupt: Provided always, that so much of such Bills as contain any Charge respecting any Action at Law or Suit in Equity shall be taxed and ascertained by the proper Officer of the Court in which such Business shall have been transacted.

Valuers, and

LXXVI. And be it enacted, That all Bills of Charges, Fees, Bills of Auc and Disbursements of any Auctioneer, Appraiser, Broker, Valuer, tioneers, Apor Accountant employed by any Assignee or Messenger under any praisers, Commission of Bankrupt, for Business done under such Employment, shall be settled by the Registrars of the Court of Bankruptcy, or One of them, subject to Review in the same Manner as aforesaid relating to Bills of Solicitors and Attorneys, and the Amount of the Bills so settled, and no more, shall be paid to or recoverable by such Auctioneer, Appraiser, Broker, Valuer, or Accountant.

Accountants to be settled in the same Manner.

remove Credi

LXXVII. And be it enacted, That it shall be lawful for the Power to ComCommissioners of Bankrupt, or One of them, when he or they shall missioner, with think fit so to do, upon the Application of any Creditor, to appoint Consent of a public Sitting, by Notice in the Dublin Gazette requiring the Creditors, to Creditors to attend and vote as to the Removal or Continuance of tors Assignee, any Assignee of the Bankrupt's Estate and Effects previously and appoint chosen by the Creditors; and at the Sittings so appointed, or any another in his Adjournment thereof, all the Creditors who have proved Debts Stead. under the Commission to the Amount of Ten Pounds or upwards shall be entitled to vote, and also any Person authorized by Letter of Attorney from any such Creditor or Creditors, upon Proof, by an Affidavit duly sworn, of the Execution thereof; and in case the major Part in Value of the said Creditors present at such Sitting vote for the Removal of such Assignee, the said Commissioners, or One of them, shall have Power to remove 'such

Assignee,

Personal and Real Estate of Bankrupt to vest in the new Assignee by virtue of Appointment. 6 & 7 W. 4. c. 14.

The removed Assignee shall fully acount.

Actions or Suits

not to be abated by Removal of Assignees.

Costs may be awarded by

Assignee, and to proceed to the Choice and Appointment of a new Assignee or Assignees in the Room and Stead of the Assignee or Assignees so removed, in like Manner as if such Assignee had been removed by Order of the Lord Chancellor.

LXXVIII. And be it enacted, That all such and the like Rights and Powers, all such Real and Personal Estate, as are by a certain Act passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled An Act to amend the Laws relating to Bankrupts in Ireland, given to or declared to vest in a new Assignee appointed in the Stead of any removed Assignee, shall by virtue of such Choice and Appointment as aforesaid, and without any Deed of Assignment or Conveyance being necessary for that Purpose, be possessed, enjoyed, and vested in the new Assignee chosen and appointed in the Stead of the Assignee re moved by the said Commissioners, except so far as is otherwise provided by this Act; and the Person who has been removed from being Assignee shall be bound to account as fully, and to obey the Orders of the said Commissioners as fully and effectually, and be liable to all the like Pains and Penalties, as if he still continued Assignee.

LXXIX. And be it enacted, That whenever, upon the Death or Removal of any Assignee, a new Assignee shall be chosen and appointed, no Action, Suit, or other Proceeding, at Law or in Equity, shall be thereby abated, but the Court in which any Action, Suit, or Proceeding shall be depending shall and may, upon the Suggestion of such Death or Removal and new Choice, allow the Name or Names of the new Assignee or Assignees to be substituted in the Place of the former, and such Action, Suit, or Proceeding shall be prosecuted or carried on by or against and in the Name or Names of the said new Assignee or Assignees, in the same Manner as if he or they had originally been a Party or Parties thereto.

LXXX. And be it enacted, That it shall be lawful for the Commissioners of Bankrupt to order when, and by whom, and to whom Commissioners. the Costs of any Proceedings had or taken in the Court of Bankruptcy, or of any Matter therein, or of any Proceedings under or in pursuance of any Order of the said Commissioners, shall be paid; Persons may be and the Commissioner may order, if he think fit, that any Person ordered to pay or Witness apprehended or brought up under any Warrant of the Costs of bring Commissioners or either of them shall pay the Costs of and incident ing them up by to apprehending him and bringing him up, and that he be detained in Custody till the same shall have been paid, or till he be discharged by Order of the said Commissioner or of some other competent Court.

Warrant.

Orders for Pay. ments may be enforced by

Chancery Writs, in Ireland.

LXXXI. And be it enacted, That all Orders of the said Commissioners of Bankrupt or either of them, whereby any Sum of Money, or any Costs, Charges, or Expenses, shall be payable, shall and be enforced as if the same were Orders of the High Court may of Chancery in Ireland by Writs sued out of the said Court of Chancery, and returnable therein in such Form as Writs used to enforce Decrees or Orders of the said Court of Chancery, or as near thereto as may be, or in such Form as the Lord Chancellor shall from Time to Time think fit to order; and the Execution of such Writs shall be enforced in such and the same Manner as the Exe. cution

6