This section re-enacts in a slightly modified form the present law under which sections 49 to 61 of the Fines and Recoveries (Ireland) Act, 1834 are applied to bankruptcy proceedings. The judges of the bankruptcy court can exercise the powers contained in those sections so that they can bar the entail and dispose of entailed lands of a bankrupt to a purchaser. The committee recommended that the court would continue to have this power but, in fact, proposed a section under which the Official Assignee could exercise it with the sanction of the court.
SECTION 64.
Question proposed: "That section 64 stand part of the Bill."
Question put and agreed to.
SECTION 65.
Question proposed: "That section 65 stand part of the Bill."
This section derives from the committee's recommendation that the power of the court, on the application of the Official Assignee to appropriate part of a bankrupt's income, salary or pension should be retained and extended. The section reproduces the existing law and extends it to recover the earnings of selfemployed persons. The committee considered that departmental or any other sanction to pay a portion of the salary or income under the section to the Official Assignee, by direction of the court, was unnecessary. Accordingly it is being dispensed with. In applying the section, the court will have regard to the family responsibilities and the personal situation of the bankrupt. The committee emphasised that while this section applies to the earnings of the professional and selfemployed persons the enforcement of the provisions against them might be difficult.
Question put and agreed to.