PART VII. CHAP. XIX.

Penalty for absconding with property.

Penalty on fraudulently obtaining

credit, &c.

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 against him or the commencement of the liquidation, or at any meeting of his creditors within four months next before such presentation or commencement, he attempts to account for any part of his property by fictitious losses or expenses:

13. If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, by any false representation or other fraud, has obtained any property on credit and has not paid for the same:

14. If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, being a trader, obtains, under the false pretence of 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. If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, 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:

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 against him or the commencement of the liquidation, or within four months before such presentation or commencement, quits England and takes with him, or attempts or makes preparation for quitting England and for taking with him, any part of his property to the amount of twenty pounds 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 for a time not exceeding two years, with or without hard labour."

13. "Any person shall in each of the cases following be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned for any time not exceeding one year, with or without hard labour; that is to say,

(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."

PART VII.

CHAP. XIX.

False claim,

&c a mis

any demeanor.

14. "If any creditor in any bankruptcy or liquidation by arrangement or composition with creditors in pursuance of The Bankruptcy Act, 1869,' wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in material particular, he shall be guilty of a misdemeanor, punishable with imprisonment not exceeding one year, with or without hard labour." 15. "Where a debtor makes any arrangement or composition with his Detts increditors under the provisions of The Bankruptcy Act, 1869,' he 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."

curred by fraud.

prosecution

16. "Where a trustee in any bankruptcy reports to any court exer- Order by cising jurisdiction in bankruptcy that in his opinion a bankrupt has court for been guilty of any offence under this act, or where the court is satisfied on report of upon the representation of any creditor or member of the committee of trustee. 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 a reasonable probability that the bankrupt may be convicted, order the trustee to prosecute the bankrupt for such offence."

17. "Where the prosecution of the bankrupt under this act is ordered Expenses of by any court, then, on the production of the order of the court, the ex- prosecutions. penses of the prosecution shall be allowed, paid, and borne as expenses of prosecutions for felony are allowed, paid, and borne."

Indictments

Act to of fences under

this act.

18. "Every misdemeanor under the second part of this act shall be Application deemed to be an offence within and subject to the provisions of the act of Vexatious of the session of the twenty-second and twenty-third years of the reign of her present Majesty, chapter seventeen, intituled 'An Act to prevent vexatious indictments for certain misdemeanors;' and when any person is charged with any such offence before any justice or justices, such justice or justices shall take into consideration any evidence adduced before him or them tending to show that the act charged was not committed with a guilty intent."

19. In an indictment for an offence under this act it shall be suffi- Form of indictment. cient to set forth the substance of the offence charged, in the words of this act specifying the offence or as near thereto as circumstances admit, without alleging or setting forth any debt, act of bankruptcy, trading, adjudication, or any proceedings in, or order, warrant, or document of any court acting under The Bankruptcy Act, 1869.'"

sessions to diction in respect of under act.

have juris

20. "So much of the act of the session of the fifth and sixth years of Quarter her Majesty's reign (chapter thirty-eight), 'to define the jurisdiction of justices in general and quarter sessions of the peace,' as excludes from the jurisdiction of justices and recorders at sessions of the peace or adjournments thereof the trial of persons for offences against any provision of the laws relating to bankrupts, is hereby repealed as from the passing of this act; and any offence under this act shall be deemed to be within the jurisdiction of such justices and recorders."

offences

by arrange

ments.

21. The provisions of the act of the session of the fifth and sixth Mayors, &c. years of William the Fourth, chapter seventy-six, for the regulation of disqualified municipal corporations, sections fifty-two and fifty-three, as to the disqualification of mayors, aldermen, and town councillors having been declared bankrupt or having compounded by deed with their creditors, shall extend to every arrangement or composition by a mayor, alderman,

PART VII.

or town councillor with his creditors under 'The Bankruptcy Act, 1869,' CHAP. XIX. whether the same is made by deed or otherwise."

Justices of the peace becoming bankrupt or arranging with creditors.

Punishments
under this
act cumu-

lative.

22. "If any person being assigned by her Majesty's commission to act as a justice of the peace is adjudged bankrupt, or makes any arrangement or composition with his creditors under The Bankruptcy Act, 1869,' he shall be and remain incapable of acting as a justice of the peace until he has been newly assigned by her Majesty in that behalf."

23. "Where any person is liable under any other act of parliament or at common law to any punishment or penalty for any offence made punishable by this act, such person may be proceeded against under such other act of parliament or at common law or under this act, so that he be not punished twice for the same offence."

Brokers.]-By "The London Brokers Relief Act, 1870,” if a judge in bankruptcy, in any action, suit or other proceeding prosecuted or depending before such judge, and to which a London broker is a party, certifies (as he is thereby empowered to do) that such broker has been guilty of fraud, and that he ought to be disqualified from acting as a broker altogether, or for such period as such judge shall name in the certificate, such broker shall be accordingly dis qualified and his name removed from the list of brokers (d).

(d) 33 & 34 Vict. c. 60, s. 6.

INDEX.

A.

ABATEMENT of suit, in equity, by death, marriage or otherwise, 100.

ABODE, place of, in some cases determines the court in which proceedings in equity are to be taken, 30.

"ABSCONDING DEBTORS ACT, 1870," proceedings in bankruptcy under, 239.

ABSENT beyond seas, payment into court of legacy or money to which absent person entitled, 87.

ABSENT parties, notice of decretal order to, 86.

duty of the registrar on reference to him to inquire as to, 88. ABSENTING and beginning to keep house an act of bankruptcy, 229. ACCEPTANCE in bankruptcy of composition or settlement, 297.

ACCOUNT, equitable jurisdiction of county courts in matters of, 6.

ACCOUNT, books of, primá facie evidence, 28, 89.

See BOOKS.

ACCOUNTS of receiver in equity, 86.

reference to registrar to take, 89.

certificate of registrar thereon, 92, 95.

of registrar in equity, auditing, 100.

of trustee in bankruptcy, 283.

of bankrupt's property mortgaged or pledged, 341.

of closed bankruptcy, 367.

ACKNOWLEDGMENT, form of, of filing of receipt or transfer ticket (in equity), 57.

of deeds by married women, 142.

ACTION not to be brought on agreement between attorney and client under "The Attorneys and Solicitors' Act, 1870"..141.

ACTIONS, provisions relating to, applied to suits in equity, 5. restraint of, after presentation of petition in bankruptcy, 249. by trustee of bankrupt, 336.

ACTS of bankruptcy, 220, 226.

(1) Assignment for the benefit of creditors, 226.
(2) Fraudulent conveyance, 227.

(3) Absenting and beginning to keep house, 229.
(4) Filing a declaration of inability to pay, 230.

ACTS of bankruptcy-continued.

(5) Execution against a trader, 231.

(6) Debtor's summons, 231.

time within which acts of bankruptcy must be committed, 240.
doctrine of relation back to act of bankruptcy, 308.

notice of act of bankruptcy, 322.

taking away right of set-off, 345.

ACTUAL FRAUD, setting aside agreements in case of, 15.

ADDING parties in equity, 86.

in bankruptcy,

of hearing of petition, 255.

of first meeting of creditors, 266, 277.

ADJUDICATION of bankruptcy,

who may be adjudicated bankrupt, 222.
the petition for, 241.

the adjudication, 259.
form, 259.

publication, 260.

appeal from, 261.

annulling adjudication, 304.

effect of adjudication on the bankrupt's property and rights, 307.
effect on claims against the bankrupt, 315.

ADMINISTRATION,

in equity,

of real and personal estate, jurisdiction of county courts in, 6.
mode of administration in equity, 8.

of trust property, 18.

in what court proceedings to be taken, 30.

forms of plaint for, 34-36.

form of decretal order in administration suit, 78.

proof and allowance of claims in, 90, 91.

ADMINISTRATION, letters of, jurisdiction of county court respecting, 190.

ADMINISTRATOR, applications by, in equity, to court, 18.

payment of money by, into court, 53.

ADMIRALTY COURT, jurisdiction of the, 147, 148.

ADMIRALTY jurisdiction of the county court, 146-189.

ADMISSION, in bankruptcy, of debt by debtor of bankrupt, 338.

form of admission, 338.

ADMISSION of documents in equity, 68.

adjournment when objected to, 74.

ADMISSIONS in equity, 61.

form of, 61.

general form of heading for, 52.

ADVANCEMENT of infants, jurisdiction of county court relating to, 20.

proceedings to be by petition, 49.