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PART III.

STATUTES RELATING TO BANKRUPTCY.

Certain offences by bankrupt or arranging debtor made misdemeanors.

The Debtors Act, 1869. (a)

32 & 33 VICT. C. 62.

PART II.—Punishment of Fraudulent Debtors. (b)

11. Any person adjudged bankrupt, or whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869, shall, in each of the cases following, be deemed guilty of a misdemeanor, and on conviction shall be liable to be imprisoned not exceeding two years, with or without hard labour :(1.) If he does not, to the best of his knowledge and belief, discover to the trustee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except in the ordinary way of trade, or laid out in the ordinary expense of his family. (2.) If he does not deliver up to such trustee, or as he directs, all such part of his property as is in his custody or under his control, and which he is required by law to deliver up.

(3.) If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to his property or affairs.

(4.) If after the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, or within four months next before the same, he conceals any part of his property to the value of 101. or upwards, or any debt due to or from him.

Unless in either of the above cases, and also in sub-sect. 6, the jury is satisfied that he had no intent to defraud.

(5.) If after the presentation of a bankruptcy petition by or

(a) For other sections see ante, pp. 136, 384.

(b) See post, sects. 163-167 of the Bankruptcy Act, 1883.

against him or the commencement of the liquidation, or within four months next before the same, he fraudulently removes any part of his property of the value of 101. or upwards.

(6.) If he makes any material omission in any statement relating to his affairs.

(7.) If, knowing or believing that a false debt has been proved by any person under the bankruptcy or liquidation, he fail for a month to inform the trustee thereof.

(8.) If, after the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs.

(9.) If, after the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, or within four months next before the same, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document affecting or relating to his property or affairs.

(10.) If, after the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, or within four months next before the same, he makes, or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs.

Unless (in cases 8, 9, 10) the jury is satisfied that he had no intent to conceal the state of his affairs, or to defeat the law. (11.) If, after the presentation of a bankruptcy petition by or

against him or the commencement of the liquidation, or within four months next before the same, he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulently parting with, altering, or making any omission in any document affecting or relating to his property or affairs.

(12.) If, after the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, or at any meeting of his creditors within four months next before the same, he attempts to account for any part of his property by fictitious losses or expenses. If within four months next before the presentation of a bankruptcy petition by or against him or the commencement of the liquidation, he—

(13.) By any false representation or other fraud, has obtained any property on credit, and has not paid the same, or(14.) Being a trader, obtains under the false pretence of

Quitting or attempting to quit England.

Certain fraudu

lent transactions made misdemeanors.

False proof by creditor.

Unpaid balance

of fraudulent

debt.

carrying on business and dealing in the ordinary way of his trade, any property on credit, and has not paid for the same, unless the jury is satisfied that he had no intent to defraud.

(15.) Being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade, any property which he has obtained on credit, and has not paid for, unless the jury is satisfied that he had no intent to defraud, or

(16.) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors, or any of them, to any agreement with reference to his affairs, or his bankruptcy or liquidation.

12. If any person who is adjudged a bankrupt, or has his affairs liquidated by arrangement after the presentation of a bankruptcy petition by or against him, or the commencement of the liquidation, or within four months before the same, quits England, and takes with him or attempts or makes preparation for quitting England and taking with him any part of his property to the amount of 201. or upwards, which ought by law to be divided amongst his creditors, he shall (unless the jury is satisfied that he had no intent to defraud) be guilty of felony, punishable with imprisonment not exceeding two years, with or without hard labour.

13. Any person shall in each of the following cases be deemed guilty of a misdemeanour, and on conviction shall be liable to be imprisoned not exceeding one year, with or without hard labour.

(1.) If, in incurring any debt or liability, he has obtained credit under false pretences, or by means of any other fraud.

(2.) If he has, with intent to defraud his creditors, or any of them, made or caused to be made any gift, delivery, or transfer of or any charge on his property.

(3.) If he has, with intent to defraud his creditors, concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him. 14. Any creditor in any bankruptcy or liquidation, or composition with creditors pursuant to the Bankruptcy Act, 1869, wilfully and with intent to defraud, making any false claim, or proof, declaration, or statement of account which is untrue in any material particular, shall be guilty of a misdemeanour, punishable with imprisonment not exceeding one year, with or without hard labour.

15. An arranging or compounding debtor under the provisions of the Bankruptcy Act, 1869, shall remain liable for the unpaid

balance of any debt which he incurred or increased, or whereof before the date of the arrangement or composition he obtained forbearance by any fraud, provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends.

16. (a) Where a trustee in any bankruptcy reports to a court Prosecution of of bankruptcy that in his opinion a bankrupt has been guilty of order of court. any offence under this Act, or where the court is satisfied upon the representation of any creditor or member of the committee of inspection that there is ground to believe that the bankrupt has been guilty of any offence under this Act, the court shall, if it appears to the court that there is reasonable probability of conviction, order the trustee to prosecute the bankrupt for such offence.

17. When such prosecution is so ordered, then, on the pro- Expenses of duction of the order of the court, the expenses of the prosecution prosecution. shall be allowed, paid, and borne as expenses of prosecution for felony are allowed, paid, and borne. (b)

The Bankruptcy Act, 1883.

46 & 47 VICT. c. 52.

Preliminary.

1. This Act may be cited as "The Bankruptcy Act, 1883."

Short title.

2. This Act shall not, except so far as is expressly provided, Extent of Act. extend to Scotland or Ireland.

3. This Act shall, except as by this Act otherwise provided, Commencement commence and come into operation from and immediately after of Act. the 31st December, 1883.

PART I.-Proceedings from Act of Bankruptcy to Discharge.

Acts of Bankruptcy.

4. (1.) A debtor commits an act of bankruptcy in each of the Acts of bankfollowing cases :

(a.) If in England or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally:

(b.) If in England or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or any part thereof:

(a) See post, sect. 164 of the Bankruptcy Act, 1883.

(6) The Treasury will not, however, pay the costs of the prosecuting solicitor, or any part thereof, if the trustee should abscond after the committal of the bankrupt for trial but before the trial. The author states this upon his own bitter experience.

ruptcy.

Jurisdiction to

order.

(c.) If in England or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would under this or any other Act be void as a fraudulent preference if he were adjudged bankrupt :

(d.) If, with intent to defeat or delay his creditors, he does
any of the following things, namely, departs out of
England, or being out of England remains out of
England, or departs from his dwelling-house, or other-
wise absents himself, or begins to keep house:

(e.) If execution issued against him has been levied by seizure
and sale of his goods under process in an action in any
court, or in any civil proceeding in the High Court:
(f.) If he files in the court a declaration of his inability to
pay his debts or presents a bankruptcy petition against
himself:

(g.) If a creditor has obtained a final judgment against him
for any amount, and execution thereon not having been
stayed, has served on him in England, or, by leave of
the court, elsewhere, a bankruptcy notice under this
Act, requiring him to pay the judgment debt in accor-
dance with the terms of the judgment, or to secure or
compound for it to the satisfaction of the creditor or the
court, and he does not, within seven days after service
of the notice, in case the service is effected in England,
and in case the service is effected elsewhere, then within
the time limited in that behalf by the order giving leave
to effect the service, either comply with the require-
ments of the notice, or satisfy the court that he has a
counter-claim, set-off, or cross demand which equals or
exceeds the amount of the judgment debt, and which
he could not set up in the action in which the judg-
ment was obtained:

(h.) If the debtor gives notice to any of his creditors that he has suspended, or that he is about to suspend, payment of his debts.

(2.) A bankruptcy notice under this Act shall be in the prescribed form, and shall state the consequences of non-compliance therewith, and shall be served in the prescribed manner.

Receiving Order.

5. Subject to the conditions hereinafter specified, if a debtor make receiving commits an act of bankruptcy the court may, on a bankruptcy petition being presented either by a creditor or by the debtor, make an order, in this Act called a receiving order, for the protection of the estate.

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