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DEEDS OF ARRANGEMENT ACT 1887

DEEDS OF ARRANGEMENT ACT 1887 - LONG TITLE

An Act to provide for the Registration of Deeds of Arrangement.
[16th September 1887]
Short title.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 1

1. This Act may be cited for all purposes as the Deeds of
Arrangement Act, 1887.

S.3 rep. by SLR 1908

DEEDS OF ARRANGEMENT ACT 1887 - SECT 4
Application of Act.

4.(1) This Act shall apply to every Deed of Arrangement, as defined
in this section, made after the commencement of this Act.

(2) A Deed of Arrangement to which this Act applies shall include
any of the following instruments, whether under seal or not, made
by, for, or in respect of the affairs of a debtor for the benefit
of his creditors generally (otherwise than in pursuance of the law
for the time being in force relating to bankruptcy), that is to
say:

(a)An assignment of property;

(b)A deed of or agreement for a composition;

(c)A deed of inspectorship entered into for the purpose of carrying
on or winding up a business;

(d)A letter of licence authorising the debtor or any other person
to manage, carry on, realise, or dispose of a business, with a
view to the payment of debts; and

(e)Any agreement or instrument entered into for the purpose of
carrying on or winding up the debtor's business, or authorising the
debtor or any other person to manage, carry on, realise, or dispose
of the debtor's business, with a view to the payment of his debts.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 5
Avoidance of unregistered deeds of arrangement.

5. A Deed of Arrangement to which this Act applies shall be void
unless the same shall have been registered under this Act within
seven clear days after the first execution thereof by the debtor or
any creditor, or if it is executed in any place out of...
Ireland..., then within seven clear days after the time at which it
would, in the ordinary course of post, arrive in... Ireland... if
posted within one week after the execution thereof, and unless the
same shall bear such... stamp as is under this Act provided.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 6
Mode of registration.

6. The registration of a Deed of Arrangement under this Act shall
be effected in the following manner:

(1)A true copy of the deed, and of every schedule or inventory
thereto annexed, or therein referred to, shall be presented to and
filed with the registrar within seven clear days after the execution
of the said deed (in like manner as a bill of sale given by way
of security for the payment of money is now required to be filed),
together with an affidavit verifying the time of execution, and
containing a description of the residence and occupation of the
debtor, and of the place or places where his business is carried
on, and an affidavit by the debtor stating the total estimated
amount of property and liabilities included under the deed, the
total amount of the composition (if any) payable thereunder, and the
names and addresses of his creditors:

(2)No deed shall be registered under this Act unless the original
of such deed, duly stamped with the proper inland revenue duty, ...
is produced to the registrar at the time of such registration.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 7
Form of register.

7. The registrar shall keep a register wherein shall be entered, as
soon as conveniently may be after the presentation of a deed for
registration, an abstract of the contents of every Deed of
Arrangement registered under this Act, containing the following and
any other prescribed particulars:

(a)The date of the deed:

(b)The name, address, and description of the debtor, and the place
or places where his business is carried on, and the title of the
firm or firms under which the debtor carries on business, and the
name and address of the trustee (if any) under the deed:

(c)A short statement of the nature and effect of the deed, and of
the composition in the pound payable thereunder:

(d)The date of registration:

(e)The amount of property and liabilities included under the deed,
as estimated by the debtor.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 8
Registrar and office for registration.

8.(1) The Registrar of Bills of Sale in ... Ireland shall be the
registrar for the purposes of this Act.

(2) ... in Ireland the Bills of Sale Office of the Queen's Bench
Division of the High Court, shall be the office for the
registration of Deeds of Arrangement.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 9
Rectification of register.

9. The Court or a Judge upon being satisfied that the omission to
register a Deed of Arrangement within the time required by this Act
or that the omission or mis-statement of the name, residence, or
description of any person was accidental or due to inadvertence, or
to some cause beyond the control of the debtor and not imputable
to any negligence on his part, may on the application of any party
interested, and on such terms and conditions as are just and
expedient, extend the time for such registration, or order such
omission or mis-statement to be supplied or rectified by the
insertion in the register of the true name, residence, or
description.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 10
Time for registration.

10. When the time for registering a Deed of Arrangement expires on
a Sunday, or other day on which the registration office is closed,
the registration shall be valid if made on the next following day
on which the office is open.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 11
Office copies.

11. Subject to the provisions of this Act, and to any rules made
thereunder, any person shall be entitled to have an office copy of,
or extract from, any deed registered under this Act upon paying for
the same at the like rate as for office copies of judgments of
the High Court and any copy or extract purporting to be an office
copy or extract shall, in all courts and before all arbitrators or
other persons, be admitted as prima8 facie evidence thereof, and of
the fact and date of registration as shown thereon.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 12
Inspection of register and registered deeds.

12.(1) Any person shall be entitled, at all reasonable times, to
search the register on payment of [5p], or such other fee as may
be prescribed, and subject to such regulations as may be prescribed,
and shall be entitled, at all reasonable times, to inspect, examine,
and make extracts from any registered Deed of Arrangement, without
being required to make a written application or to specify any
particulars in reference thereto, upon payment of [5p], or such
other fee as may be prescribed, for each Deed of Arrangement
inspected.

(2) Provided that the said extracts shall be limited to the dates
of execution and of registration, the names, addresses, and
descriptions of the debtor and of the parties to the deed, a short
statement of the nature and effect of the deed, and any other
prescribed particulars.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 14
Affidavits.

14. Every affidavit required by or for the purposes of this Act
may be sworn before a Master of the Supreme Court in England or
Ireland, or before any person empowered to take affidavits in the
Supreme Courts of England or Ireland.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 15
Fees.

15.(1) There shall be taken, in respect of the registration of
Deeds of Arrangement, and in respect of any office copies or
extracts, or official searches made by the registrar, such fees as
may be from time to time prescribed; and nothing in this Act
contained shall make it obligatory on the registrar to do, or
permit to be done, any act in respect of which any fee is
specified or prescribed, except on payment of such fee.

(2) ... [as respects Northern Ireland, section 116 of the Judicature
(Northern Ireland) Act 1978] and any enactments for the time being
in force amending or substituted for those sections respectively
shall apply to fees under this Act, and orders under those sections
may, if need be, be made in relation to such fees accordingly.

DEEDS OF ARRANGEMENT ACT 1887 - SECT 17
Saving as to Bankruptcy Acts.

17. Nothing contained in this Act shall be construed to repeal or
shall affect any provision of the law for the time being in force
in relation to bankruptcy, or shall give validity to any deed or
instrument which by law is an act of bankruptcy, or void or
voidable.

S.18 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

DEEDS OF ARRANGEMENT ACT 1887 - SECT 19
Interpretation of terms.

19. In this Act, unless the context otherwise requires,

"Court or a judge" means the High Court and any judge thereof;

"Creditors generally" includes all creditors who may assent or take
the benefit of a Deed of Arrangement;

"Person" includes a body of persons corporate or unincorporate;

"Prescribed" means prescribed by rules to be made under this Act;

"Property" has the same meaning as the same expression has in the
Bankruptcy Act, 1883;

"Rules" includes forms.