Re McAllister

• Jurisdiction: Ireland
• Judgment Date: 04 August 1973
• Date: 04 August 1973
• Docket Number: [No. 1523]
• Court: High Court

(H.C.)

In re McAllister

- High Court - Jurisdiction - Bail - Bankruptcy - Examination - Unsatisfactory answers - Committal - Irish Bankrupt and Insolvent Act, 1857 (20 21 Vict. c. 60), s.385 - Constitution of Ireland, 1937, Articles 34, s. 3, and 38, s. 5.

Section 385 of the Irish Bankrupt and Insolvent Act, 1857, provides that, if a person shall not fully answer a lawful question put by the Court in bankruptcy proceedings, it shall be lawful for the Court to commit such person to such prison as the Court shall think fit "there to remain without bail" until he shall subject himself to the Court to be sworn and make full answers. In the course of bankruptcy proceedings the Official Assignee asked the High Court to issue its warrant committing the bankrupt to prison pursuant to s. 385 of the Act of 1857. The bankrupt contended that the section was unconstitutional because it involved the trial of a criminal charge without a jury contrary to Article 38, s. 5, of the Constitution, and because it purported to exclude from the jurisdiction of the High Court the power to grant bail. Held by Kenny J., in committing the bankrupt, 1, that the bankrupt had not fully answered lawful questions to the satisfaction of the Court. 2. That the operation of...