Re Dobson

• Jurisdiction: Ireland
• Judgment Date: 04 February 1859
• Date: 04 February 1859
• Court: Court of Bankruptcy and Insolvency (Ireland)

Banktcy., &c.

In re DOBSON.

AnonymousUNK 7 Ir. Ch. Rep. 292.

Anonymous Ib. 293.

Ex parte HillsUNK 32 L. T. 213.

388 CHANCERY REPORTS. the detaining creditor has a right to file the petition. It may be convenient to him to file it on the first day after the declaration is published ; or it may not be convenient to file it until the fifth or sixth, or any other of the twenty-one days ; but it is absurd to say that the creditor must wait until after the twenty-one days are expired ; for it would then be too late to file it, so as to retain his right to keep his debtor in custody. Nor. has the insolvent the slightest right to complain that the petition was filed too soon, because this was the result of his own act ; for, by making the pauper declaration, he compels the creditor (in order to protect his own rights) to file the petition within the twenty-one days (ss. 241, 243), and he, by the same act, foregoes and gives up the twenty-one days intended for his benefit by the prior 183rd section. I must refuse this application ; and, as it is stated that the insolvent is entitled to a fund in Chancery, the detaining creditor shall have his costs out of it, as soon as it is realised and brought into this Court. --••••-••n•n••-n.- In re DOBSON.* Feb. 4. (Arrangement.) Where atrader IN this case debtor sum mons has been served on a debtor, who subsequently files his petiÂÂtion for arrangement, it is entirely in the discretion of the Court whether or not the time for answering the trader debtor summons, under the I 1 I th section, will be enlarged, and the Court will be influenced by the consideration, whether or not the arrangement is likely to be sanctioned by the Court. A trader debtor summons is not a " process " within the meaning of the order for protection under the 343rd section. * Coram MACAN, J. CHANCERY REPORTS. 389 the 7th of February : on January 28th, the first private sitting had taken place in the matter of the arrangement, and the second private sitting was fixed for February 18th. 1859. Banktcy.,&c. In re DOBSON. Statement. Mr. James Kernan, for the arranging trader, now applied that the time might be enlarged, under the 111th section. Anonymous (a), before your Lordship, and Anonymous (b), before Argument. JUDGE PLUNKET, are authorities for enlarging the time. It is true there is a circumstantial distinction ; there, the trader debtor sumÂÂmons had been served, in each case...