LAW AND PRACTICE OF BANKRUPTCY IN IRELAND: COMPREHENDING ALL STATUTES, RULES, AND ORDERS, NOW IN FORCE; With Forms, and Directions for use. THE SECTIONS OF 12 & 13 VICT., c. 107, AND 6 WM. 4, c. 14, COLLATED WITH THE TABULAR SHEWING THE VERBAL AND OTHER DIFFERENCES; VIEWS OF THE ACTS REFERRING ΤΟ ENGLAND AND IRELAND, FROM AND A Complete Ender. BY EDWARD CLEMENTS, Esq., BARRISTER AT-LAW. DUBLIN: WILLIAM B. KELLY, 8, GRAFTON-STREET. LONDON: STEVENS AND NORTON, BELL-YARD, LINCOLN'S-INN. MDCCCL. TO THE RIGHT HON. MAZIERE BRADY, LORD HIGH CHANCELLOR OF IRELAND, This Work is, WITH A GRATEFUL SENSE OF THE FAVOUR OF HIS LORDSHIP'S PERMISSION, AND A SINCERE ESTEEM FOR HIS PUBLIC VIRTUE, AND PRIVATE WORTH, Dedicated BY THE AUTHOR. PREFACE. THE Bankruptcy cases in the English Reports are sufficiently in point, and numerous enough for our wants: but there always existed great difficulty in endeavouring to apply them; and to lessen that difficulty, is the object of the following work. On comparing the Bankrupt code of Ireland with that hitherto or at present in use in England, there will be found very few provisions of any importance in one kingdom which have not been, at some period, in force in the other; and on reviewing the decisions had upon such of those sections as from their obscurity of phrase, or other causes, became subjects of discussion in Westminster Hall, it will be found that a great portion of them can be made available in the interpretation of our own statutes. These considerations led to the present compilation. It was begun at first with no other design than that of encountering what at one time seemed a work of labour, but which afterwards proved the lightest portion of the task,— that of gathering from the English statutes those passages which bore more immediately upon the recent Act, 12 & 13 Vic., c. 107, and then laying the sections side by side in columns for more easy comparison, when naturally the marginal or differential column suggested itself. In completing this process, it sometimes became necessary to make a remark at foot of a section, whereby the reader would be assisted in referring to authorities. It then became obviously necessary to follow up the pursuit, by adopting a like course with the leading Bankrupt Act, 6 W. 4, c. 14, and giving a like detail of the resemblances or differences occurring between its clauses and the statutes in operation in England when that Act had passed. Short references were placed also at foot of its sections, so as to save the trouble and uncertainty of searching out those clauses in other Acts, particularly in the recent Act of 12 & 13 V., governing, superseding, or repealing their provisions. |