pany, and the persons who were officers thereof at the time of such determination, shall respectively be considered as subsisting, and as continuing such officers as aforesaid, for all the purposes for which the same was originally constituted, and that, notwithstanding such determination as aforesaid, the same shall be considered as subsisting and continuing respectively so long and so far as may be necessary for the winding up of the concerns of such company.

172. Notwithstanding the determination of any company by any other means than as last aforesaid, such company, and the persons who were officers thereof at the time of such determination, shall respectively be considered as subsisting, and as continuing such officers as aforesaid, for all the purposes of this Act, so long and so far as any matters relating to such company shall remain unsettled.

173. In all cases in which a joint-stock company shall carry on business in Ireland and elsewhere, if the head office of the company shall be or shall have last been in Ireland, such company shall be deemed an Irish company within and subject to the provisions of this Act.

174. Service of any order, summons, notice, or other document on any joint-stock company, under the provisions of this Act, may be made by delivering the same to the chief clerk or secretary of the company, or any director of the company personally, or by leaving the same at the head office of the company with any officer or servant of the company, or in such other manner as the Court shall by any special order direct.

175. The Court shall in every case of a petition for adjudicature against a joint-stock company have and exercise the same powers, authority, and jurisdiction in all respects as in the case of any petition for adjudication against a trader.

176. Any call made by the Court under this Act upon a member or contributory of a joint-stock company shall have the like effect upon the persons and property of such member or contributory, and be enforced in the same manner as an order or decree of the Court of Chancery.

177. The provisions of this Act which relate to the bankruptcy of joint-stock companies shall not apply to any company registered under the JointStock Companies Act, 1856, or any Act amending

the same.

178. From and after the time appointed for the commencement of this Act, it shall be lawful for any debtor who shall be a prisoner within the meaning of this Act to apply by petition to the Court for his discharge from such custody; and in such petition shall be stated whether such prisoner

has been previously bankrupt or insolvent, the time and place of the first arrest of such prisoner, the cause or causes wherein he shall then be detained, and the time of his commitment to the prison where he shall then be confined, and also the name or names of the person or persons at whose suit such prisoner shall at the time of presenting such petition be detained in custody, and the amount of the debt or debts, sum or sums of money, and of such costs as aforesaid, so far as the amount of such costs is ascertained, for which he shall be so detained, and such other matters as the Court may by any general order direct; and such prisoner shall in such petition state that he is willing that all his real and personal estate and effects shall be vested in the official assignees, and shall pray to be discharged from custody, and to have future liberty of his person against the demands of his creditors; which petition shall be subscribed by the said prisoner, and shall forthwith be filed in the court.

179. Every such prisoner shall, within seven days from the time of filing such petition, unless the Court shall extend such period, deliver unto the Court a schedule, containing a full and fair description of such prisoner, as to his name, trade, and profession, together with his last usual place of abode, and the place or places where he has resided during the time when his debts were contracted, and also a full and true description of all debts due or growing due from such prisoner at the time of filing such petition, and of all and every person and persons to whom such prisoner shall be indebted, or who, to his knowledge or belief, shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted from such as shall be disputed, and also a full, true, and perfect account of all the estate and effects of such prisoner, real and personal, in possession, reversion, remainder, or expectancy, and also of all places of profit or advantage held by such prisoner, and also of all pensions or allowances of the said prisoner, in possession or reversion, or held by any other person or persons for or on behalf of the said prisoner, or of and from which the said prisoner derives or may derive any manner of benefit or advantage, and also of all rights and powers of any nature and kind whatsoever which such prisoner, or any other person or persons in trust for such prisoner, or for his use, benefit, or advantage in any manner whatsoever, shall be possessed of or interested in or entitled unto, or which such prisoner, or any other person or persons in trust for him or for his benefit, may dispose of, charge or exercise for the benefit or advantage of such prisoner, together with a full, true, and perfect account of all the debts then due or growing due to such prisoner, or to any person or persons in trust for him or for his benefit or advantage, either solely, or jointly with any person or persons, and the names and places of abode of the several persons from whom such

debts shall be due or growing due, and of the witnesses who can prove such debts; and also a full and true description and valuation of the wearing apparel, and other necessaries, not exceeding in value in the whole 201., which such prisoner is authorized to except, and such other particulars as the Court may by any general or special order direct.

180. Such prisoner shall with his schedule file a general balance sheet of his receipts and expenditure from the date of the earliest debt in his schedule up to the time of filing his schedule; such prisoner shall also deliver to the Court a special balance sheet of so much of the receipts and expenditures of such prisoner as shall be at any time required by the said Court.

181. The said petition, schedule, and balance sheets may be in the forms in Schedule (P.) to this Act annexed, or to the like effect, or in such other form as the Court may direct, and shall be respectively verified on oath.

182. If any insolvent shall neglect to file his schedule within the time limited by this Act, the Court may commit him to any prison until he shall file such schedule.

183. If any prisoner within the meaning of this Act shall not, within twenty-one days next after he shall be committed to or detained in custody, make satisfaction to the person or persons at whose suit such prisoner shall have been so committed or detained for the debt, damages, costs, sum or sums of money, for which such prisoner shall be so committed or detained, it shall be lawful for any such person or persons to apply by petition in a summary way to the Court, praying that all the real and personal estate and effects of such prisoner may be vested in the official assignees according to the provisions of this Act.

184. Such petition shall be signed by the party or parties so applying or by his attorney; and in such petition shall be stated the time and place of the commitment or charge in execution of such prisoner at the suit of the party or parties so applying, and the amount of the debt or sum of money for which such prisoner shall have been so committed or detained; and such petition shall be supported by such evidence, by affidavit or otherwise, of the truth of the matters therein stated, as the Court shall require; and the said Court shall and may require such prisoner to file his schedule, and shall and may cause such prisoner to be brought up to be dealt with according to this Act, and all things to be done thereupon or preparatory thereto as in other cases according to this Act; and such creditor's petition may be in the form in Schedule (Q.) to this Act annexed, or to the like effect.

185. Any petition of insolvency may be dis

missed by the Court on such terms as to costs, or otherwise, as the Court may think fit.

186. At any time after a petition of insolvency and schedule have been filed it shall be lawful for the Court, if the Court shall think fit to do so, and on such notice to the creditors of such insolvent as the Court shall deem proper, to direct such insolvent to be discharged out of custody, on his finding two sufficient sureties to enter into a recognizance to the official assignee of the court in such sum as the Court shall think fit, with a condition that such insolvent shall duly appear at the time and place fixed or which shall thereafter be fixed for the hearing of the petition of such insolvent, and on every adjourned hearing, and shall abide by the final judgment of the Court, and on such other terms (if any) as the Court shall think fit to impose, and to issue a warrant directed to the gaoler or person in whose custody such insolvent shall be ordering the discharge of such insolvent.

187. After such discharge the insolvent shall be free from arrest or imprisonment by any creditor whose debt shall be specified in the schedule filed by such insolvent as herein before mentioned, until the time appointed for the hearing of such insolvent, and for such further time (if any) as the Court shall from time to time appoint.

188. No such insolvent shall be so discharged until it shall appear to the Court that all the chattel property of such insolvent has been delivered up to the assignee, with all books, deeds, and papers in his possession, power, or procurement relating to his estate or effects.

189. In case any insolvent so discharged out of custody shall not duly appear at the time and place fixed for the hearing or any adjourned hearing (not being prevented by illness or other lawful impediment to be allowed of by the Court), the recognizance so entered into shall be forfeited, and the Court may make an order on such sureties to pay to the official assignees the amount of such recognizance, and execution may thereon issue forthwith, and the amount so recovered shall be applied for the benefit of the creditors of such insolvent, in like manner as if the same were part of his estate and effects; and the Court may also issue a warrant authorizing any person or persons, to be therein named, to apprehend and arrest such insolvent, and deliver him into the custody of the gaoler or person in whose custody such prisoner was at the time when he was so discharged as aforesaid; and such gaoler or person is hereby required to receive such prisoner again into his custody, and all detainers which were in force against him at the time of such discharge, or which shall have since been duly lodged against him, shall thereupon be deemed to be in force: Provided also, that any insolvent so discharged out of custody as aforesaid shall, on his appearing before the Court, be deemed and consi

dered, for all the purposes of this Act, in the custody in which he was at the time he was so discharged.

190. The Court may from time to time empower so many fit and proper persons as shall appear necessary in every assize town to take and receive such recognizances of sureties and in such form as the Court may direct and require; and for the taking of every such recognizance the persons so empowered shall be entitled to demand and receive the sum of 2s. 6d.

191. It shall be lawful for any person whose usual place of residence shall be elsewhere than in the county of Dublin or the county of the city of Dublin to appear before a person duly empowered in manner aforesaid, and there to enter into such recognizance for the due appearance of such insolvent according to such forms, and in such terms and manner, as shall or may be prescribed by any General Order of the Court, which said recognizances so taken as aforesaid shall be transmitted and filed in the court, with an affidavit of the due taking of the said recognizances by some credible person present at the taking thereof, and shall be of the like force and effect as if the same were taken before the Court.

192. The Court shall make such General Orders regulating the amount and the taking of such recognizances as to the Court shall seem meet.

193. As soon as such sureties shall have justified, and such recognizance as herein before mentioned shall have been filed, the Court shall thereupon issue a warrant for the discharge of such insolvent from custody as hereinbefore provided.

194. Although such prisoner be declared bankrupt or be an uncertificated bankrupt at the time of filing the petition of insolvency, the Court shall and may cause such prisoner to be brought up to be dealt with as an insolvent according to this Act, and all things to be done thereupon or preparatory thereto as in other cases according to this Act.

195. No prisoner shall after the filing of a petition of insolvency be discharged out of custody as to any suit for any debt, sum of money, damages, or claim with respect to which an adjudication can under the provisions of this Act be made, by or by virtue of any supersedeas, judgment of non pros., or judgment as in the case of a nonsuit, for want of the plaintiff or plaintiffs in such action, suit, nonsuit, or process proceeding therein.

196. The Court shall, forthwith after such schedule shall have been filed, appoint a time, not later than four months, for such prisoner to be brought up to be dealt with according to the provisions of this Act; and where such prisoner shall be in any VOL. XXXV.-STAT.

gaol within the county of Dublin or the county of the city of Dublin, the Court shall order such prisoner to be brought before the Court.

197. If any prisoner in custody in any gaol in Ireland situated elsewhere than within the county of Dublin or the county of the city of Dublin, or any creditor of such prisoner, shall petition the Court under this Act, or if any such prisoner or creditor shall have so petitioned prior to the passing of this Act, and such petition shall not have been heard, or if the same shall have been heard, and the consideration thereof shall have been adjourned, the Court may make an order referring such petition or hearing to the assistant barrister within whose jurisdiction such prisoner was in custody at the time of the filing of the petition, and shall transmit such petition and schedule to the clerk of the peace for hearing accordingly, and shall appoint a time and place at any Court of Quarter Sessions held within the jurisdiction of such assistant barrister for such prisoner to be brought up before such assistant barrister.

198. Any assistant barrister to whom any such petition shall be so referred shall have and possess the same power and authority with respect to every such petition, and shall make all such orders, give all such directions, and do all such matters and things requisite for the discharging or remanding of such prisoner, and otherwise respecting such prisoner, his schedule, creditors, and assignees, as the Court might make, give, or do in the matters of petitions heard before such Court under this Act, and, if he shall deem fit, shall be at liberty to adjourn the hearing from one session to another, and to extend the order for the protection of the said insolvent from arrest during such adjourn

ment.

199. Every such petition and schedule, and all judgments, rules, orders, directions, and proceedings thereon by such assistant barrister, shall be forthwith, or as soon as conveniently may be after such hearing or adjournment thereof, as the case may be, returned by the clerk of the peace to the court, certified by such assistant barrister and clerk of the peace respectively, to be a record of the court, and to be kept as such among the records thereof, and the clerk of the peace is hereby required to return the same accordingly.

200. The Court shall have power to issue its warrant or order, directed to the governor, keeper, or gaoler of any gaol wherein the insolvent shall be in custody, directing him to bring the insolvent before such assistant barrister on the day appointed for the hearing of such petition, or at any adjournment thereof; and every such governor, keeper, or gaoler shall obey such warrant.

201. The expense of conveying such prisoner to any such Quarter Sessions town, where the gaol in

P

which such prisoner shall be confined shall not be situate in such Quarter Sessions town, or of conveying such prisoner (when necessary) from such Quarter Sessions town to the said gaol, not exceeding 3d. per mile shall be paid to the keeper, gaoler, or other officer who shall bring such prisoner to or from any such Quarter Sessions town, in obedience to any rule or order of the Court, out of the estate and effects of such prisoner, if the same shall be sufficient to pay such expense, and if not, then such expense shall be paid by the treasurer of the county, county of a city, or county of a town in the gaol of which such prisoner shall be imprisoned, as the same shall be directed or ordered by such assistant barrister before whom such prisoner shall be brought, and the grand jury of such county, county of a city, or county of a town is hereby empowered and required to present the amount thereof at the assizes next ensuing the day mentioned in such rule or order, to be levied off such county, county of a city, or county of a town.

202. Nothing herein contained shall extend or be construed to deprive the Court of the power of discharging such prisoner upon recognizance of sureties for the due appearance of such prisoner at the time and place appointed, or which shall thereafter be appointed, for the hearing of such prisoner before such assistant barrister as aforesaid, or of the power of doing, prior to such hearing before such assistant barrister, or pending the adjournment of such hearing, any matter or thing relative to such prisoner, his petition and schedule, estate and effects, creditors or assignees.

203. After the discharge or remand of such prisoner by such assistant barrister as aforesaid the jurisdiction of such assistant barrister shall cease, save as to any rehearing of such petition pursuant to any order that may be made by the Court; and all things necessary to be thereafter done in the matter of the petition and schedule of such prisoner, his estate and effects, creditors or assignees, shall be done by the Court.

204. Every clerk of the peace shall transmit to the office of the court in Dublin a return of the several days for holding the Quarter Sessions in and for each county, forthwith upon the appointment of the same by the assistant barrister of each county.

205. After the filing of the petition of insolvency, and previous to the final adjudication, any order of discharge given by a detaining creditor of any insolvent shall be void, if such insolvent shall, on the same being notified to him, forthwith signify to the gaoler in that behalf his desire that such order of discharge shall be so void.

206. The Court shall cause notice of the filing of every such petition and schedule, and of the time and place appointed for such prisoner to be

brought up, to be given, by such means as the said Court shall direct, to the creditor or creditors at whose suit any such prisoner shall be detained in custody, and to the other creditors named in the schedule of such prisoner, and resident within the United Kingdom, and whose debt shall amount to the sum of 51., and shall cause such notice to be inserted in the Dublin Gazette, and also, if the Court shall think fit, in the Edinburgh and London Gazettes, or either of them, and also in such other newspaper or newspapers as the Court shall direct.

207. Upon such prisoner being brought up as aforesaid, the Court shall examine into his schedule, upon the oath of such prisoner and of such parties and other witnesses as the Court shall think fit; and in case such notice as the Court shall direct shall have been given by any creditor of his intention to oppose such prisoner's discharge, it shall be lawful both for the said creditor and any other of the creditors of such prisoner to oppose such prisoner's discharge, and for that purpose to examine such prisoner and such witnesses as the Court shall think fit touching the matters contained in such schedule, and such other matters as the said Court shall deem fit and proper to inquire into.

208. If the Court shall entertain any doubt touching any matter alleged against such prisoner at such hearing to prevent his or her discharge, or otherwise touching the schedule or the examination of such prisoner, or in case such prisoner shall refuse to be sworn, or shall not answer upon oath to the satisfaction of the Court, it shall be lawful for the Court to adjourn the hearing and examination of such prisoner to some future sitting of the Court, or to adjourn the same sine die.

209. When any such hearing shall have been adjourned sine die the Court may, upon the application of such prisoner or any creditor, to be made within such time as the Court shall direct, order the said prisoner to be again brought up for hearing, and such notice thereof shall be given as the Court shall direct.

210. The Court may receive as evidence on the hearing affidavits of any persons not resident within the county of Dublin or county of the city of Dublin, and also permit interrogatories to be filed for the examination or cross-examination of any person making or joining in such affidavits, and to adjourn the hearing until such interrogatories shall be fully answered; and where any prisoner shall be brought before any assistant barrister pursuant to this Act, it shall be lawful

for such assistant barrister to receive as evidence on the hearing the affidavits of any persons not resident within the county where such prisoner shall be brought up, and also to permit interrogatories to be filed for the examination or crossexamination of any person making or joining in

such affidavits, and to adjourn the hearing of such prisoner until such interrogatories shall be fully answered.

211. The official assignees shall when directed by the Court investigate the accounts of every insolvent, and examine into the truth of his schedule and balance sheets, and report thereon to the Court.

212. It shall be lawful for the Court, at such hearing or adjourned hearing, to adjudge and order that such prisoner shall be discharged from custody, and entitled to the benefit of this Act (at such time as to the Court, in pursuance of the provisions hereinafter contained in that behalf, shall think fit,) as to the several debts and sums of money due or claimed to be due at the time of filing the petition from such prisoner to the several persons named in his schedule as creditors, or claiming to be creditors for the same respectively, or for which such persons shall have given credit to such prisoner before the time of filing the petition, and which were not then payable, and as to the future claims of any surety or bail for such prisoner named in his or her schedule as a contingent creditor, and as to the claims of all other persons, not known to such prisoner at the time of such adjudication, who may be indorsees or holders of any negotiable security set forth in his schedule.

213. Where no cause shall appear to the contrary, it shall be lawful for the Court to adjudge that such prisoner shall be so discharged and so entitled as aforesaid forthwith, or so soon as such prisoner shall have been in custody at the suit of one or more of his creditors for such period or periods, not exceeding six months in the whole, as the Court shall direct.

214. When the Court shall adjudge any insolvent, a trader within the meaning of this Act, to be discharged, if it shall appear to the satisfaction of the Court that such insolvent hath not been guilty of any fraud on any of his creditors, or committed any offence against this Act, or contracted any of his debts by means of any false representation, deceit, or contrivance, and if the Court shall be satisfied with the conduct of such prisoner, and that he hath made a full and true disclosure of his estate and effects, it shall be lawful for the Court (if it shall so think fit) to declare by its order that such discharge shall also absolutely free the future acquired property and effects of such insolvent, and such discharge shall take effect accordingly, and be in such special form as the Court shall direct, and be termed "an absolute discharge."

215. The discharge of any prisoner shall extend to all process for any contempt of any Court, for non-payment of money or of costs or expenses, and

also to all costs which such prisoner would be liable to pay in consequence or by reason of such contempt or on purging the same; and every such discharge as to any debt or damages shall extend also to all costs incurred by the creditor before the filing of such prisoner's schedule in any suit brought by such creditor against such prisoner for the recovery of the same; and as to such costs the creditor shall be entitled to the benefit of all the provisions made for creditors by this Act.

216. The discharge of any such prisoner shall extend to any sum or sums of money payable by way of annuity or otherwise, at any future time or times, by virtue of any bond, covenant, or other security.

217. Nothing in this Act contained shall prevent any mortgage, charge, or lien upon any estate of such prisoner, or any part thereof, made prior to the commencement of the imprisonment of such prisoner, from taking place upon the lands, tenements, or hereditaments, or personal estate and effects comprised in or charged or affected by such mortgage, charge, or lien respectively.

218. Whenever any creditor opposing any such prisoner's discharge shall prove to the satisfaction of the Court that such prisoner has done any act for which he may be liable to remand, the Court may adjudge the taxed costs of such opposition to be paid to such opposing creditor out of the estate and effects of such prisoner, before any dividend; and in case it shall appear to the said Court that the opposition of any creditor to any such prisoner's discharge was frivolous and vexatious, it shall be lawful for the Court to award such costs to such prisoner as shall appear to be just and reasonable, to be paid by the creditor making such opposition.

219. Where any such adjudication shall have been made, the Court shall also issue a warrant to the gaoler accordingly, ordering the discharge of such prisoner from custody as to the detainers under which he shall then be confined, or which shall be lodged against him before he shall be out of custody, the same being for debts in respect of which such adjudication shall have been made; and that every such adjudication shall take effect as from the day on which it was made; and that every such adjudication, and certificate thereof, and order thereupon, may be made without specifying therein any such debt or debts, or sum or sums of money, or claims as aforesaid, or naming therein any such creditor or creditors: Provided nevertheless, that in all cases the detainer or detainers with respect to which any such prisoner shall have been adjudged to be discharged out of custody shall be specified in the warrant of the Court.

220. In case it shall appear to the Court that any insolvent has fraudulently, with intent to con