Bankruptcy (Ireland) Amendment Act 1872

JurisdictionUK Non-devolved
Citation1872 c. 58


Bankruptcy (Ireland) Amendment Act, 1872.

(35 & 36 Vict.) CHAPTER 58.

An Act for the Amendment of the Law of Bankruptcy in Ireland.

[6th August 1872]

Whereas it is expedient to amend the laws relating to bankruptcy and insolvency in Ireland:

Be it 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, as follows:

Preliminary.

Preliminary.

S-1 Construction of Act with 20 & 21 Vict. c. 60., and short title.

1 Construction of Act with 20 & 21 Vict. c. 60., and short title.

1. This Act shall be construed together with so much of ‘The Irish Bankrupt and Insolvent Act, 1857,’ as is not hereby altered or repealed, as one Act, and may be cited for all purposes as ‘TheBankruptcy (Ireland) Amendment Act, 1872.’

S-2 Limits of Act.

2 Limits of Act.

2. This Act shall not, except in so far as same is expressly provided, apply to England or Scotland.

S-3 Commencement of Act.

3 Commencement of Act.

3. This Act shall come into operation on the first day of January one thousand eight hundred and seventy-three, which date is herein-after referred to as ‘the commencement of this Act.’

S-4 Interpretation of terms.

4 Interpretation of terms.

4. In this Act, if not inconsistent with the context, the following terms shall have the meanings herein-after respectively assigned to them; that is to say,

‘The Court’ shall mean the Court of Bankruptcy and Insolvency in Ireland, as constituted under ‘The Irish Bankrupt and Insolvent Act, 1857,’ and as altered in its title by this Act, and shall mean also and include any judge or judges of the Court of Bankruptcy in Ireland constituting and acting as a Court under the said Act or this Act:

‘Prescribed’ shall mean prescribed by rules of court to be made as in this Act provided:

‘Arranging debtor’ shall mean a person who has presented a petition for arrangement with his creditors, under the provisions of ‘The Irish Bankrupt and Insolvent Act, 1857,’ as amended by this Act:

‘The said Act’ shall mean ‘The Irish Bankrupt and Insolvent Act, 1857:’

‘Trader’ shall mean any one of the persons mentioned in section ninety of ‘The Irish Bankrupt and Insolvent Act, 1857:’

‘Secured creditor’ shall mean any creditor holding any mortgage, charge, or lien on the debtor's estate, or any part thereof, as security for a debt due to him.

S-5 Repeal of portions of 20 & 21 Vict. c. 60. as in schedule \(A.)

5 Repeal of portions of 20 & 21 Vict. c. 60. as in schedule \(A.)

5. From and after the commencement of this Act the several sections of ‘The Irish Bankrupt and Insolvent Act, 1857,’ mentioned in the schedule (A.) hereto annexed, and the several parts of sections in the said Act relating to the practice and procedure and powers of the Court in insolvency, and to the assignees, creditors, debts, property, allowances, and offences of insolvents, shall be repealed, except so far as said sections, and parts of sections, or any of them, repeal any former Act, or any 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 on any petition or order in bankruptcy or insolvency, filed or made 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 under the said sections, or any of them; or to lessen any liability or obligation then existing thereunder; or to affect any principle or rule of law derived from any of the said sections; nor shall this repeal interfere with the prosecution, or affect the course of any legal proceeding pending in bankruptcy or insolvency, or otherwise, under any of said sections, before the commencement of this Act; but, subject to the provisions of this Act, and ‘The Debtors Act (Ireland), 1872,’ such proceedings shall be prosecuted as if this Act had not been passed; nor shall this repeal interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any penalty or forfeiture incurred under any section of the said Act hereby repealed.

The Court of Bankruptcy and the Officers thereof.

The Court of Bankruptcy and the Officers thereof.

S-6 Change in title of court.

6 Change in title of court.

6. From and after the commencement of this Act ‘The Court of Bankruptcy and Insolvency in Ireland,’ as constituted by the said Act, shall be called ‘The Court of Bankruptcy in Ireland,’ and the judges of the said Court and their successors shall be called the Judges of the Court of Bankruptcy.

The Court of Bankruptcy in Ireland shall continue to be a court of law and equity and a principal court of record, and may review, rescind, or vary any order made by it in pursuance of the said Act or of this Act; and each of the judges of the said court shall have all the powers, jurisdiction, and privileges possessed by any judge of Her Majesty's High Court of Chancery, or by any judge of Her Majesty's Superior Courts of Common Law at Dublin, and the orders of the court shall be of the same force as if they were judgments in the Superior Courts of Common Law or decrees in the High Court of Chancery.

Subject to the provisions of this Act with respect to the officers of the Court of Bankruptcy and Insolvency, all the officers and subordinate officers of the said court for the time being shall, notwithstanding any provisions in ‘The Irish Bankrupt and Insolvent Act, 1857,’ henceforth be appointed by the judges of the said Court for the time being, and may be removed by them, and others appointed in their stead, if the judges are of opinion that they are negligent, unskilful, or untrustworthy in their performance of their duties, or ought in their opinion to be removed for any other just cause.

The said several officers of the said Court shall, in addition to or by way of substitution for the duties at present discharged by them, perform such duties as may from time to time be assigned to them by the judges of the Court with the assent of the Lord Chancellor.

The chief registrars shall provide a seal in duplicate on which shall be engraven the style of the Court, as so altered, and every such seal shall be kept by the chief registrar in trust, for the purposes of the Court, and such seal shall be the seal of the Court.

S-7 Judges may sit at chambers.

7 Judges may sit at chambers.

7. The judges may sit at chambers for the despatch of such part of the business of their courts as can without detriment to the public advantage, arising from the discussion of questions in open court, be heard in chambers; and when sitting at chambers they shall have in all respects like power and jurisdiction as when sitting in court.

S-8 Powers of Court to delegate authority.

8 Powers of Court to delegate authority.

8. The judges may, subject and in accordance with the rules of court for the time being in force, delegate to the chief registrars or to any other officer of the Court such of the powers vested in them by the said Act as amended by this Act, or by this Act, as it may be expedient for the judges to delegate.

S-9 Change in title of assistant registrars.

9 Change in title of assistant registrars.

9. The present assistant registrars of the Court and their successors shall be called henceforth ‘Registrars of the Court of Bankruptcy.’

S-10 Power to increase salaries of chief registrar and registrars, &c.

10 Power to increase salaries of chief registrar and registrars, &c.

10. And whereas by the fortieth section of the said Act it was (amongst other things) enacted, that the salary to be paid to the chief registrar should in no case exceed eight hundred pounds per annum: And whereas by the forty-second section of the said Act it was (amongst other things) enacted, that it should be lawful for the Lord Chancellor to direct that a salary not exceeding four hundred pounds per annum should be paid to each assistant registrar: And whereas it is expedient that there should be power to increase the said salaries in the event of their being deemed insufficient remuneration for the duties which such chief registrar or the registrars are required to perform: Be it therefore enacted, that it shall be lawful for the judges of the Court, if it shall appear to them that the salary of the chief registrar or of said registrars is insufficient, to represent the circumstances to the Commissioners of Her Majesty's Treasury, who are hereby empowered, if they shall see fit, to increase such salaries to such amounts as to them shall seem proper.

Whereas by the sixtieth section of the thirtieth and thirty-first Victoria, chapter one hundred and twenty-nine, ‘The Chancery and Common Law Officers (Ireland) Act, 1857,’ it is enacted that it shall be lawful for the judges of the Court of Bankruptcy and Insolvency in Ireland, if it shall appear to them that the salary of the deputy assistant registrar or of any of the clerks or assistants is insufficient, with the approval of the Lord Chancellor, to represent the circumstances to Her Majesty's Treasury, who are thereby empowered to increase such salaries as to them shall seem fit: Be it enacted, that the power thereby conferred upon the Lords Commissioners of Her Majesty's Treasury may be exercised by them, if they see fit, from time to time, upon the representation of the judges of the Court of Bankruptcy, in reference to the salary of any officer of the said Court of Bankruptcy in Ireland.

S-11 Change in title of deputy assistant registrar.

11 Change in title of deputy assistant registrar.

11. The present deputy assistant to the chief registrar, and his successors, shall be called henceforth ‘deputy registrar.’

S-12 Change of tenure by which offices held.

12 Change of tenure by which offices held.

12. And...

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