§ MR. HEALYasked Mr. Solicitor General for Ireland, Whether, as the 345th sec. 20 and 21 Vic. c. 60 ("The Irish Bankrupt and Insolvent Act, 1857") provides that—
Such petitioning trader (or debtor) shall, ten days before the date appointed for the private sitting, file in court, and in such form as may by any order to be made in pursuance of this Act be directed, a full account of his debts, and the consideration thereof, and the names, residences, and occupations of his creditors, and also a full account of his estate and effects, whether in possession, or reversion, or expectancy, and of all debts or rights due to or claimed by him, and of all property of what kind soever held in trust for him, and shall therein set forth such proposal as he is able to make for the future payment, or the compromise of such debts or engagements;and the first private sitting was, in George Bolton's bankruptcy, appointed to be held on the 1st instant, the prescribed account was not filed; whether, therefore, the debtor was in default; whether he got an extension of ten days to file it; if so, on what grounds; whether Bolton petitioned the court for protection some two or three months ago; whether the ordinary rule or practice is that the statement of affairs shall be lodged in court within three, or, at the outside, four weeks after the protection was granted; why was this rule departed from in Bolton's case; whether the statement of affairs, according to the practice of the court, should have been vouched, in the presence of any creditor wishing to attend, by the official assignee, and a written report, if required, made by him thereon to the court; whether those necessary proceedings have been suspended and postponed; and, if so, if he would explain the cause; whether the statement of affairs, if filed and vouched, would disclose facts which would be taken as evidence in any court; and whether these have been delayed in view of the pending trial of Bolton v. O'Brien?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)Mr. Bolton petitioned the Court as an arranging debtor on the 3rd of May, and the first private sitting was fixed for the 3rd of June. The practice is that the accounting statement should be filed 10 days before the time fixed for the first private sitting, or such extended time as the Court shall grant. The debtor was allowed an extended time—namely, to the 4th of July—to file it, and the first private sitting was ultimately fixed for the 11th of July. Those extensions were granted on affidavit. I am informed by the Court officials that such extensions are frequently granted in arrangement cases, and that there was no exceptional ruling in Mr. Bolton's case. No creditor opposed the extension to the 11th of July. The statement of affairs, according to the practice, is vouched in the presence of any creditor who wishes to attend. It is not the practice to make a Report in arrangement cases to the Court, unless there is a special order obtained for the purpose. There has been no suspension or postponement of the vouching. It will take place in due course. I should say the accounting statement could be equally used in cross-examination of Mr. Bolton, whether it was vouched or not.
§ MR. HEALYasked whether the attention of the hon. and learned Gentleman had been called to the proceedings in the Bankruptcy Court on the 11th of July, when Mr. Bolton got a further extension of time, in order to put the hearing of his Petition off until after the trial of his action against Mr. O'Brien at Belfast?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)replied, that he saw the statement referred to in the newspapers only. He had merely to say that the Judge of the Bankruptcy Court had exercised his discretion in the matter.
§ MR. HEALYgave Notice that he would call attention to this proceeding, and show that, in spite of the opposition of creditors, this extension of time was granted to Mr. Bolton.