freight or other matters against perils of the sea; persons using the trade of merchandise by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail; and persons who, either for themselves or as agents or factors for others, seek their living by buying and selling or buying and letting for hire goods or commodities, or by the workmanship or the conversion of goods or commodities; but a farmer, grazier, common labourer, or workman for hire shall not, nor shall a member of any partnership, association, or company which cannot be adjudged bankrupt under this Act, be deemed as such a trader for the purposes of this Act. SCHEDULE II. LIST OF METROPOLITAN COUNTY COURTS. The Bloomsbury County Court of Middlesex. The Westminster County Court of Middlesex. 92 THE DEBTORS' ACT, 1869. (32 & 33 Vict., cap. 62.) AN ACT FOR THE ABOLITION OF IMPRISONMENT FOR DEBT, FOR THE PUNISHMENT OF FRAUDULENT DEBTORS, AND FOR OTHER PURPOSES. [9th August, 1869.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PRELIMINARY. Short Title. 1. This Act may be cited for all purposes as Debtors' Act, 1869." Extent of Act. "The 2. This Act shall not extend to Scotland or Ireland. Commencement and Construction of Act. 3. This Act shall not come into operation until the day on which the Bankruptcy Act, 1869, comes into operation, which day is herein-after referred to as the commencement of this Act, and words and expressions defined or explained in the Bankruptcy Act, 1869, shall have the same meaning in this Act. (a) (a) See the Bankruptcy Act, 1869, sec. 4 (interpretation clause), ante, p. I. Part I. of this Act, relating to imprisonment for Saving for Bankruptcy Act, 1869. 9. Nothing in this part of this Act shall in any way affect any right or power, under the Bankruptcy Act, 1869, to arrest or imprison any person. (a) Definition of "Prescribed." 10. In this part of this Act the term "prescribed" means as follows: As respects the superior courts of common law, prescribed by general rules to be made in pursuance of The Common Law Procedure Act, 1852. PUNISHMENT OF FRAUDULENT DEBTORS. 11. Any person adjudged bankrupt (6), and any person whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869 (c), shall, in each of the cases following, be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be imprisoned for any time not exceeding two years, with or without hard labour; that is to say, 1. If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property, real and personal, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid debt, and Part III., relating to warrants of attorney, cognovits, and orders for judgment, have been omitted as having no reference to the law of bankruptcy. It is only necessary to observe that, by sec. 9 (Part I.), nothing in this Act is in any way to affect any right or power under the Bankruptcy Act, 1869, to arrest or imprison any person. (a) See sec. 86 of the Bankruptcy Act, 1869, ante, p. 58. (6) Bankruptcy Act, 1869, s. 6, ante, p. 3. (c) Bankruptcy Act, 1869, s. 125, ante, p. 77. out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud: 2. If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up (a), unless the jury is satisfied that he had no intent to defraud: 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, unless the jury is satisfied that he had no intent to defraud: 4. If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, he conceals any part of his property to the value of ten pounds or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud: 5. If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, he fraudulently removes any part of his property of the value of ten pounds or upwards: 6. If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud : 7. If, knowing or believing that a false debt has been proved (b) by any person under the (a) As to that portion of a bankrupt's property which is not applicable to the payment of his creditors, see the Bankruptcy Act, 1869, s. 15, ante, p. 13. (b) Sec. 14, post, p. 98. bankruptcy or liquidation, he fail for the period. of a month to inform such trustee as aforesaid thereof: 8. If after the presentation of a bankruptcy petition 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, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law: 9. If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, 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, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law: 10. If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, 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 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 against him or the commencement of the liquidation, or within four months next before such presentation or commencement, 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 |