HC Deb 19 July 1897 vol 51 c407
MR. PATRICK O'BRIEN (Kilkenny)

I beg to ask the Attorney General for Ireland whether he is aware that, in the case of John P. Fogarty, of Galway, adjudged bankrupt on the 2nd of May 1893, the lease of his property, with all his other effects, was handed over to Messrs. Casey and Clay, solicitors for the creditors, by the Bank of Ireland, on the 24th April 1893; also that, by an order of Court before Judge Boyd, on the 20th of February 1894, it was directed that the assignees should give the bankrupt (Mr. Fogarty) the lease of his premises, 13, Dominick Street, Galway; whether he can say why the order of court was disobeyed; and has he any power to enforce compliance with the orders of the Court; and, if so, will he take action in the matter?

THE ATTORNEY GENERAL FOR IRELAND (Mr. J. ATKINSON, Londonderry, N.)

The facts are not exactly as stated in the Question. On the 24th February 1894, an order was made by Judge Boyd that the assignees might be at liberty within the time prescribed to elect whether they would take interest in the premises under the lease, and in the event of their electing not to take such interest, that they should deliver up the lease to the bankrupt. The assignees elected not to take the lessee's interest, and the lease was duly deposited by Messrs. Casey and Clay with the official assignees with a view of being handed over to the bankrupt. It unfortunately got mislaid; but I am informed will now be handed over on application. The bankrupt suffered no damage, as he has always been in possession of the premises, his interest in which is stated to be of no value. I have no power to have enforced orders such as these.