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16
The Gazette of the Incorporated Law Society or Ireland.
[JULY, 1926
Irish Bankruptcy Laws.
A conference, consisting of representatives
of the Dublin Chamber of Commerce, the
Council of the Incorporated Law Society of
Ireland, the Institute of Chartered Account–
ants, the Society of Incorporated Accountants
and Auditors, the Dublin Mercantile Associa-
tion, and the Associations of Chambers of
Commerce of the Irish Free State, has made
an interim report containing the following
recommendations for amendments to be made
in the Irish Free State Bankruptcy Laws :
1. That an undischarged bankrupt shall
be guilty of a misdemeanour if he either alone
or jointly obtains credit to the extent of
£10
or upwards from any person without inform–
ing that person that he is an undischarged
bankrupt, or if he engages in any trade or
business under a name other than that under
which he was adjudicated bankrupt without
disclosing to all persons with whom he has
business such name.
2. That every married woman who carries
on a trade or business, whether separately
from her husband or not, shall be subject to
the Bankruptcy Laws as if she was " feme
sole."
3. That the Judge in Bankruptcy shall
have power on 'the Second Private Sitting on
arrangement matters to order that goods
delivered to the arranging debtor shortly
prior to the filing of the petition (and when
in the opinion of the Court the arranging
debtor must have known he was insolvent),
be returned to the party supplying such
goods, or be paid in full.
4. That an insolvent trader who has not
kept or produced proper books of account
shall be guilty of a misdemeanour if the
amount of his unsecured liabilities at the
date of the Receiving Order exceeds £500,
unless he can prove that it would be a
hardship or against the custom of the trade
to enter such details as may be required.
5. That a Deed of Arrangement authorised
at a meeting of creditors at which a majority
in number and three-fourths in value of all
the creditors who have proved resolve to
accept the proposal shall bind all creditors
if approved by the Court; subject to the
right of any creditor to apply to the Court
to set aside the Deed on the grounds that it
was not reasonable.
6.
That a Trustee under a Deed of
Arrangement shall be subject to a penalty
if he acts on a Deed void by reason of non–
registration or otherwise.
7.
That a Trustee under a Deed of
Arrangement shall be subject
to direct
control of the creditors or committee of
creditors ;. his accounts shall be subject to
their audit, and at the end of each six months
he shall furnish each creditor with a state–
ment of accounts and a report of proceedings
to date.
8. That the remuneration of a Trustee
under a Deed of Arrangement shall be fixed
by the Creditors.
9. That it shall not be legal for any trader
to transfer his or her business without
giving immediate notice of such transfer in
the Official Gazette.
10. That the State shall not be entitled
to rank in priority to unsecured creditors in
bankruptcy and arrangement matters, except
as provided in the Preferential Payments in
Bankruptcy (Ireland) Act, 1889.
11. That a return of " No Goods " by a
trader shall be equivalent to a declaration of
insolvency and be an act of bankruptcy.
12. That in arrangement matters when a
preliminary meeting is ordered by the Chief
Registrar, such meeting shall be held within
fourteen days of taking protection, and that
seven clear days' notice of such meeting be
sent to all creditors together.
Partnership.
A partnership has been arranged between
Mr. Patrick Rooney, of the firm of Thomas
F. O'Connell Rooney & Co, Solicitors, 34
Kildare Street, Dublin, and Mr. Charles
A. Doyle, Solicitor, 15 Kildare Street, Dublin,
and the business of the partnership will in
future be carried on at 34 Kildare Street,
Dublin, under the title of " Thomas F.
O'Connell Rooney & Co."
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
45 Kildare Street, Dublin.