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Joint Committee on Legislation díospóireacht -
Friday, 29 Mar 1985

SECTION 29.

Question proposed: "That section 29 stand part of the Bill."

This section simply provides that the bankruptcy inspector, his assistants or other person appointed by the court will not be liable for anything done in accordance with the terms of the warrant. However, if any of the persons referred to were to act negligently in carrying out the instructions in the warrant he or she would be liable.

The section re-enacts in part section 327 of 1857 Act.

What would be the liability of the inspector who caused damage in the execution of the warrant?

The warrant of seizure expressly states that, in case of resistance or of not having the key or keys to any door or lock belonging to any place or places to any door, trunk or chest of the bankrupt where any of his property is believed to be, the inspector may break open or cause them to be broken open in order to execute the warrant. If any person acted negligently in carrying out the instructions in the warrant he would be liable.

Question put and agreed to.
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