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principle. The 11 & 12 Geo. 3. c. 8. Ir. is the first and principal Irish statute respecting bankrupts; and, to avoid repetition, I must here observe, that this act has incorporated, with a few deviations, the provisions of the 13 Eliz. c. 7. Eng. 2 Jac. 1. c. 15. Eng. 21 Jac. 1. c. 19. Eng. 10 Ann. c. 15. Eng. 7 Geo. 1. st. 1. c. 31. Eng. 5 Geo. 2. c. 30. Eng. 19 Geo. 2. c. 32. Eng. 24 Geo. 2. c. 57. Eng. and 4 Geo. 3. c. 33. Eng. In abridging and arranging the English acts upon this subject, I shall, therefore, at the same time refer to the corresponding sections of this Irish statute.

acts.

13 Eliz. c.

s. 2. Eng.

21 Jac. 1. c.19. Eng.

s. 2. & 15.

5

Geo. 2. c. 30.

s. 39. Eng.

As to the description of persons who may become bank- Who may be come bankrupts, rupts, and by what acts, the 13 Eliz. c. 7. s. 1. Eng. and by what as amended by the 2 Jac. 1. c. 15. s. 2. Eng. 21 Jac. 1. c. 19. s. 2 & 15 Eng. and 5 Geo. 2. c. 30. s. 39. Eng. s. 1. Eng. provides, that every person using the trade of merchan- 3 Jac. 1. c. 15. dize, [*by way of bargaining, exchange, re-change, bartering, chevisance, or otherwise,] in gross or by retail or seeking his living by buying and selling, or that shall use the trade or profession of a scrivener, [*receiving other mens' monies or estates into his trust or custody,] for banker, broker, or factor, as well strangers born, aliens or denizens, as natural born subjects; who shall § depart the realm, or begin to keep his house, or otherwise to absent himself, or take sanctuary, or suffer himself willingly to be arrested [¶for debt or other thing not due for money delivered, wares sold, or other good consideration] or will suffer himself to be outlawed, or yield himself to prison, or willingly or fraudulently procure himself to be arrested, or his goods, money, or chattels, to be attached, or sequestered‡‡; or depart from his dwelling house, or make any fraudulent grant or conveyance of his lands, tenements, goods or chattels, to the intent, or

whereby

The words within the crotchets not in the 11 & 12 Geo. 3, c. 8. Ir.

+ "Or dealing in exchange" added in 11 & 12 Geo. 3. c. 8. Ir.

$ "Salesmaster" here added in 11 & 12 Geo, 3. c. 8. Ir.

§ "Abscond" here added by the 11 & 12 Geo. 3. c. 8. Ir.

"So that his creditors cannot have access to him" here added in 11 & 12

Geo. 3. c. 8. Ir.

T "Without just cause or good consideration" substituted in 11 & 12 Geo. 3. c. 8. Ir.

‡‡ "Or taken in execution" here added in 11 & 12 Geo, 3. c. 8. Ir.

whereby his creditors may be defeated or delayed from the recovery of their just debts, or who shall obtain any protection, (other than such persons as shall be lawfully protected by privilege of parliament,) or shall prefer unto the king, or unto any of the king's courts, any petition or bill against any creditor to compel him to accept less than his just and principal debt, or to procure time or longer days of payment, than was given at the time of the original contract, or, being arrested for debt shall lie in prison 2 months upon that or any other arrest or detention in prison for debt; or, being arrested for £100 or more of just debt, shall escape out of prison;* shall be adjudged bankrupts; and in the cases of arrests, or lying in prison for such debts, shall be deemed bank5 Geo. 2. c. 30. rupts from the time of the first arrest. But the 5 Geo. 2. c. 30. s. 40. Ir. provides, that no farmer, grazier, or Farmers, &c. drover, [§or receiver general of taxes,] shall be entitled, as such, to the benefits given by this act, or be deemed a 11 & 12 Geo. 3. bankrupt.¶ The 11 & 12 Geo. 3. c. 8. s. 1. & 2. Ir. has c. 8. s. 1. & 2. incorporated (with such deviations as are noted in the margin) the several clauses of the 13 Eliz. c. 7. 2 Jac. 1.

s. 40. Ir.

excluded.

Ir.

Traders having privilege of parliament

rupts if money

recovered not

paid in 2 months.

c. 15. 21 Jac. 1. c. 19. and 5 Geo. 2. c. 30. above mentioned, which for greater clearness I have thus embodied. With respect to traders having privilege of parliament: the 4 Geo. 3. c. 33. Eng. provides, that it shall be lawful deemed bank for any single creditor, or 2 or more creditors being partners, whose debt or debts shall amount to £100; and for any 2 creditors whose debts shall amount to £150; or any 4 Geo. 3. c. 33. 3 or more creditors whose debts shall amount to £200; s. 1. Eng. of any person deemed a merchant, banker, broker, factor, scrivener, or trader, within the description of the acts relating to bankrupts, having privilege of parliament, upon affidavit being made and filed on record in any of his majesty's courts at Westminster by such creditor or creditors,

*The 11 & 12 Geo. 3. c. 8. s. 1. Ir. also includes here every trader having privilege of parliament, who shall neglect to make satisfaction for any just debt of £100, within 2 months after service of legal process.

The 21 Jac. 1. c. 19. Eng. so far as regards certain other acts of bankruptcy is repealed by the 10 Ann. c. 15 s. 1. Eng.

Ir.

§ "Receiver general of taxes" not excluded by the 11 & 12 Geo. 3. c. 8.

¶ Members of certain corporate trading companies are excepted by several statutes of a special nature.

8. 3.

creditors, that such debt or debts is or are justly due, and that such debtor, as he or they verily believe, is a merchant, &c. within the description of the statutes relating to bankrupts, to sue out of the same court a summons, or an original bill and summons, against such merchant, &c. and serve him with a copy thereof; and if such merchant, &c. shall not, within 2 months after personal service of such summons, (affidavit of the debt, &c. having been duly made and filed as aforesaid) pay, secure, or compound for, such debt, &c. to the satisfaction of such creditor, &c. or enter into a bond in such sum, and with 2 such sufficient sureties as any of the judges of the court out of which such summons shall issue shall approve of, to pay such sum as shall be recovered in such action, together with costs, he shall be adjudged a bankrupt from the time of the service of such summons and any creditor may sue out a commission and proceed thereon as against other bankrupts. And by s. 3. if any merchant, &c. shall commit any act of No privilege bankruptcy, then any creditor or creditors may sue out a where act of commission of bankrupt against such merchant, &c. mitted; bankruptcy comand the commissioners may proceed thereon as against other bankrupts; any privilege of parliament to the contrary notwithstanding. Provided (s. 4.) that this act shall not subject any person entitled to privilege of parliament to be arrested or imprisoned during the time of son. such privilege, except in cases made felony by the acts relating to bankrupts. The 45 Geo. 3. c. 124. G. B. re- 45 Geo. 3. cites that this provision of the 4 Geo. 3. c. 33. Eng. hath been rendered nugatory, by the difficulty of enforcing ap- Privileged trapearances in the actions in which such bonds have been given; and therefore enacts, that when any summons, or months, or original bill and summons, shall be sued out against any rupt. person deemed a merchant, &c. within the description of the bankrupt acts, having privilege of parliament, (and such affidavit made and filed, and such bond entered into as in the 4 Geo. 3. mentioned) such merchant, &c. shall, within 2 months after personal service of such summons, cause an appearance to be entered to such action, and in default thereof he shall be adjudged a bankrupt

s. 4.

Except of per

c. 124. G. B.

der to appear lo process in 2

deemed bank

from

from the time of the service of such summons; and every creditor may sue out a commission, and proceed thereon, as against other bankrupts. And to avoid the expense and delay of proceeding by distringas, it is enacted (s. 3.) that when any summons, or original bill and summons, shall be sued out against any person having When appearance may be privilege of parliament, and no such affidavit shall be entered for such made and filed as in the 4 Geo. 3. mentioned; if the privileged trader.

S. 3.

S. 7.

Privileged trader deemed bankrupt by

Exc.

defendant shall not appear at the return of the summons,
or within 8 days after such return, the plaintiff, upon
affidavit being made and filed in the proper court, of the
personal service of such summons, (which affidavit shall
be filed gratis) may enter an appearance for the defend-
ant, and proceed thereon. And by s. 7. when any de-
cree or order shall be pronounced in the court of Ch. or
Exc. or any
order shall have been made in the matter of

non-payment of any bankruptcy, or lunacy, against any person being a
money decreed, merchant, &c. having privilege of parliament, thereby
&c. by Ch. or
ordering such person to pay any sum of money to any
person, or into the bank in the name of the accountant
general of the court of Ch. or to the deputy remembran-
cer of the court of Exc. if such person shall disobey
such order, &c. the same having been duly served, then
any person entitled to receive such sum by virtue of such
order, &c. or interested in enforcing the payment thereof,
may, in the name of the said accountant general, or de-
puty remembrancer, apply to the court to fix a peremp-
tory day for the payment of such money pursuant to the
terms of such order, &c.; and such day shall be accord-
ingly appointed by an order made in such cause, or in
such matter and if such merchant, &c. being person-
ally served with such order, 8 days before the day therein
appointed for payment of such money, shall omit to pay
the same according to such order, he shall be deemed a
bankrupt from the service of such last mentioned order;
and any
creditor may sue out a commission against such
person, and proceed thereon. Provided (s. 8.) that this
act shall not extend to subject any person entitled to pri-
Saving for per
sonal privilege. vilege of parliament to be arrested, restrained, or impri-
soned, during the term of such privilege. By the
17 & 18

s. 8.

Ir.

Affidavit of

debt required be

s. 4.

17 & 18 Geo. 3. c. 48. s. 3. Ir. before any process shall 17 & 18 Geo.3. be served on any trader having privilege of parliament, c. 48. s. 3. for any debt of £100 as in the 11 & 12 Geo. 3. c. 8. ante is mentioned, an affidavit shall be made by the creditor, or in case such debt shall be owing to partners, then by one fore process partner, and filed of record in one of his majesty's courts leged trader. against priviof record in Dublin, that such is justly due by such person so intended to be served, and that such debtor, as he verily believes, is a trader within the meaning of the 11 & 12 Geo. 3. c. 8. And by s. 4. if any trader having privilege, &c. and being so served with process, shall, within 2 months after such service, enter into a bond in privileged trader shall give such sum, and with 2 such sufficient sureties, as any security, bankjudge or judges of the court out of which such process seded. ruptcy supershall issue, shall approve, to pay such sum as shall be recovered in such action, with the costs; then, upon shewing to the lord chancellor that such bond was entered into within the time so appointed, any commission that shall have issued against such privileged trader shall be superseded, and the usual bond given by the person suing out such commission shall be assigned to the person against whom such commission issued, as a security for his damages and costs; but in case such satisfaction shall not be made, nor such bond given within such time, then any creditor may sue out a commission against such person, and proceed thereon. But this act provides (s. 5.) that if any merchant, banker, broker, factor, scrivener, or trader, shall commit any act of bankruptcy, any cre- No privilege ditor may sue out a commission of bankrupt against such bankruptcy commerchant, &c. and the commissioners, and others, may proceed thereon notwithstanding any privilege of parliament. In order to obviate the inconveniencies arising from members of the house of commons, against whom commissions of bankruptcy shall issue, continuing to hold their seats in parliament, the 19 & 20 Geo. 3. c. 25. 19 & 20 Geo. 3. s. 9. Ir. enacts, that where a commission shall issue against “. 23. s. 9. Ir. any such member, and shall not be superseded within 6 months from the time of issuing thereof; and the credi- not superseded tors proving their debts under the same shall not be paid seat in parlia or satisfied to the full amount thereof under such

mission,

8.5.

where act of

milled.

If commission

in 6 months,

ment vacated.

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