Bankrupt and Insolvent Act 1857
| Year | 1857 |
(20 & 21 Vict.) C A P. LX.
[25th August 1857]
'WHEREAS it is expedient to amend and consolidate the Acts relating to Bankrupts and Insolvents inIreland , to discontinue the Court of Bankruptcy and the Court for Relief of Insolvent Debtors in Ireland , and to constitute a new Court as herein-after provided:' 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 Authority of the same:
I Existing Courts of Bankruptcy and Insolvency to be discontinued.
I. From and after the Commencement of this Act, the Court of the Commissioners of Bankruptcy inIreland and the Court for Relief of Insolvent Debtors in Ireland , now existing under certain of the Acts mentioned in Schedule (A.) to this Act annexed, shall be respectively discontinued, and all the Powers, Authorities, and Jurisdictions of the said Courts respectively shall for the Purposes of all Proceedings now pending therein, be transferred to and continued and vested in the Court constituted under this Act.
II Certain Acts and Parts of Acts repealed.
II. From and after the Commencement of this Act, the several Acts and Parts of Acts set forth in the Schedule (A.) to this Act annexed, to the Extent to which such Acts or Parts of Acts are by such Schedule expressed to be repealed, and every other Act or Acts, and such Parts of every other Act or Acts, as shall be inconsistent with this Act, shall be repealed, except so far as the said Acts or Parts of Acts, or any of them, whether mentioned or included in the said Schedule or not, repeal any former Act or Part of an Act, and except also so far as may be necessary for the Purpose of supporting and continuing any Proceedings taken or to be taken after the Commencement of this Act upon any Trading, Act of Bankruptcy, Petitioning Creditor's Debt, Commission, or other Proceeding in Bankruptcy before the Commencement of this Act, and except also so far as may be necessary for the supporting or continuing of any Proceedings taken before the Commencement of this Act in the Court for the Relief of Insolvent Debtors inIreland , or to be taken after the Commencement of this Act on any Petition filed or Order made before the Commencement of this Act, and except as to the Recovery and Application of any Penalty for any Offence which shall have been committed before the Commencement of this Act: Provided always, that such Repeal shall not be construed to lessen or affect any Right to which any Person may, at the Time of such Repeal, be entitled to under the said Acts or Parts of Acts, or to lessen any Liability then existing thereunder.
III Short Title.
III. This Act may be cited for all Purposes as ‘TheIrish Bankrupt and Insolvent Act, 1857.’
And with respect to the Definition and Explanation of Terms, be it enacted as follows:
IV Definition of Terms, &c.
IV. The Terms and Words herein-after enumerated, wheresoever occurring in this Act, shall be understood as herein-after defined or explained, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Definition or Explanation; (that is to say,)
‘Lord Chancellor’ shall mean also and include the Lord Keeper and Lords Commissioners for the Custody of the Great Seal ofIreland for the Time being;
‘The Court’ shall mean Her Majesty's Court of Bankruptcy and Insolvency inIreland , and shall mean also and include any Judge or Judges of Her Majesty's Court of Bankruptcy and Insolvency in Ireland constituting and acting as a Court under this Act;
‘Annulling’ shall mean also superseding;
‘Month’ shall mean a Calendar Month;
‘Person’ shall include Body Corporate and Joint Stock Company;
‘Joint Stock Company’ shall mean and include every Company and Body of Persons associated for any Banking or other Commercial or Trading Purposes inIreland , and incorporated by Statute or Charter, or which derives any Immunity, Privilege, or Power under any Act of Parliament, or has been registered either provisionally or completely under any Act of Parliament, save as herein-after expressed, and all Commercial or Trading Companies, Associations, and Partnerships in Ireland the Capital or Profits of which is or are divided into Shares and transferable without the express Consent of all the Partners;
‘Assignees’ shall mean the Assignees of the Estate and Effects of the Bankrupt or Insolvent, and shall include the Official and Creditors Assignees;
‘Oath’ shall include Declaration or Affirmation;
‘Bank ofIreland’ shall include all Branches thereof;
‘Petition of Bankruptcy’ shall mean Petition for Adjudication of Bankruptcy;
‘Plaintiff’ shall include ‘Petitioner;’
‘Suit’ shall include Action at Law and Suit in Equity or other Proceeding;
‘Bankrupt’ shall mean any Person who on any Petition of Bankruptcy shall have been adjudged by the Court to be a Bankrupt;
‘Petition of Insolvency’ shall include every Petition for the Benefit of this Act by an Insolvent, or by any Creditor against such Insolvent;
‘Prisoner’ shall mean any Person in actual Custody within the Walls of any Prison inIreland for any Debt, Damages, Costs, Sum or Sums of Money, or for any Contempt by reason of Nonpayment of any Sum or Sums of Money or Costs;
‘Gaoler’ shall include the Keeper or Governor of any Gaol or Prison;
‘Insolvent’ shall mean any Person who shall file a Petition for his Discharge as an Insolvent Debtor, or against whom a Creditor shall file a Petition of Insolvency pursuant to this Act;
‘Petitioning Creditor’ shall mean the Creditor who files the Petition for Adjudication of Bankruptcy, or a Petition of Insolvency against an Insolvent;
‘Registrar’ shall include the Chief Registrar;
‘Creditor’ shall mean also any Two or more Persons being Partners, and incorporated and Joint Stock Companies;
‘Gazette’ shall signifyDublin Gazette ;
‘United Kingdom’ shall mean the United Kingdom ofGreat Britain and Ireland ;
Words importing the Singular Number or the Masculine Gender only shall be understood to include several Matters as well as One Matter, and several Persons as well as One Person, and Bodies Corporate as well as Individuals, and Females as well as Males; and Words importing the Plural Number shall be understood to apply to One Matter as well as more than One, and to One Person as well as more than One.
V Commencement of Act.
V. This Act, unless where otherwise specially provided, shall commence on the First Day ofNovember One thousand eight hundred and fifty-seven.
VI Procedure to obtain Adjudication, &c. to be under this Act.
VI. After the Commencement of this Act, no Commission of Bankrupt shall be issued, but all Proceedings in Bankruptcy, and Proceedings for Arrangement between Debtors and Creditors, may be taken, according to the Provisions of this Act.
VII Proceedings in Courts discontinued by this Act to be carried on in new Court.
VII. All Commissions and Proceedings in Bankruptcy, and Proceedings for such Arrangement, depending at the Commencement of this Act in the Court of the Commissioners of Bankruptcy inIreland , or over which that Court might then exercise Jurisdiction; and all Petitions, Orders, Matters, and Proceedings depending in the said Court for the Relief of Insolvent Debts at the Commencement of this Act, or over which that Court might then exercise Jurisdiction, shall be respectively carried on and prosecuted in the Court constituted under this Act, and for the Purposes aforesaid the Court shall have all the Power, Jurisdiction, and Authority now possessed by the Commissioners of Bankruptcy or by the Court for the Relief of Insolvent Debtors in Ireland : And nothing in this Act contained shall render invalid any Commission, Petition, Order, Matter, or Proceeding depending at the Commencement of this Act in the said Court of the Commissioners of Bankruptcy, or in the said Court for Relief of Insolvent Debtors, or the Prosecution of the same in the Court now constituted under this Act, or affect or prejudice any Right or Remedy which any Person may have or be entitled to, or lessen any Liability which any Person may be under or subject to by virtue thereof.
VIII Construction of former Acts, &c. as to Word ‘Commission.’
VIII. Wherever in any Act of Parliament or otherwise Mention shall have been made of any Commission of Bankrupt, it shall be construed with reference to the Proceedings under a Petition of Bankruptcy as if such Commission had been actually issued at the Time of filing such Petition.
IX Computation of Time.
IX. When any limited Time from or after any Date or Event is appointed or allowed for doing any Act or taking any Proceeding, the Computation of such limited Time is not to include the Day of such Date, or of the happening of such Event, but is to commence at the Beginning of the next following Day, and the Act or Proceeding is to be done or taken at the latest on the last Day of such limited Time according to such Computation.
X Term expiring on Sunday, &c. extended to following Day.
X. When the Time for doing an Act or taking a Proceeding expires on aSunday, Christmas Day, Good Friday, Monday or Tuesday in Easter Week, or a Day appointed for a Public Fast or Thanksgiving, such Act or Proceeding is, as far as regards the Time of taking or doing the same, to...
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