A.D. 1869,

PART II.

PART II.

PUNISHMENT OF FRAUDULENT DEBTORS.

10. Any person adjudged bankrupt, and any person whose affairs Punishment are liquidated by arrangement in pursuance of The Bankruptcy Act of fraudulent 1869, shall, in each of the cases following, be deemed guilty of a 5 misdemeanor, 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,

debtors.

1. If he does not, to the best of his knowledge and belief, fully
and truly discover to the trustee or other person administering 10
his estate for the benefit of his creditors all his property, real
and personal, and how, and to whom, and for what considera-
tion, 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 out in the ordinary expense of his family, 15
unless he proves that he did not do so with intent to
defraud:

2. If he does not deliver up to such trustee or person, 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 20
law to deliver up, unless he proves that he did not do so with
intent to defraud;

3. If he does not deliver up to such trustee or person, or as he
directs, all books, documents, papers, and writings in his
custody or under his control relating to his property or 25
affairs, unless he proves that he did not do so with intent to
defraud:

4. If after the commencement of the bankruptcy or liquidation,
or within four months next before such commencement, he
conceals any part of his property to the value of ten pounds 30
or upwards, or conceals any debt due to or from him, unless
he proves that he did not do so with intent to defraud:
5. If after the commencement of the bankruptcy or liquidation,
or within four months next before such commencement, he
fraudulently removes any part of his property of the value of 35
ten pounds or upwards:

6. If he makes any material omission in any statement relating
to his affairs, unless he proves that he did not do so with
intent to defraud:

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7. If, knowing or believing that a false debt has been proved by A.D. 1869.
any person under the bankruptcy or liquidation, he fail for
the period of a month to inform such trustee or other person
as aforesaid thereof:

8. If after the commencement of the bankruptcy or liquidation he
prevents the production of any book, document, paper or
writing affecting or relating to his property or affairs,
unless he proves that he did not do so with intent to conceal
the state of his affairs or to defeat the law:
9. If after the commencement of the bankruptcy or liquidation,
or within four months next before such 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 he proves that he did not do so with intent
to conceal the state of his affairs or to defeat the law:
10. If after the commencement of the bankruptcy or liquidation,
or within four months next before such 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 he proves that he did not do so with intent to
conceal the state of his affairs or to defeat the law:
11. If after the commencement of the bankruptcy or liquidation,
or within four months next before such 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 commencement of the bankruptcy or liquidation,
or at any meeting of his creditors within four months next
before such commencement, he attempts to account for any
part of his property by fictitious losses or expenses:
13. If within four months next before the commencement of the
bankruptcy or liquidation, he, by any false representation or
fraud, has obtained any property to the value of fifty pounds
or upwards on credit and has not paid for the same:
14. If within four months next before the commencement of the
bankruptcy or 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 of the value of
fifty pounds or upwards on credit, and has not paid for
the same, unless he proves that he did not do so with intent
to defraud:

PART II.

A.D. 1869.

Penalty for absconding with property.

False claim, &c., a misdemeanor.

Order by court for prosecution on report of

trustee.

Order for reference to Attorney General.

Expenses of

16. If he is guilty of any false representation or 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.

11. If any person who is adjudged a bankrupt or has his affairs 5 liquidated by arrangement after the commencement of the bankruptcy or liquidation, or within four months before such 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 10 ought by law to be divided amongst his creditors, he shall (unless he proves that he had no intent to defraud) be guilty of felony, punishable with penal servitude for a time not exceeding five years, or with imprisonment for a time not exceeding two years, with or without hard labour.

12. If any creditor in any bankruptcy or liquidation by arrangement wilfully makes any false claim, or any pro of, declaration, or statement of account which is untrue in any material particular, he shall be guilty of a misdemeanor, punishable with imprisonment not exceeding one year, with or without hard labour.

13. Where a trustee in any bankruptcy reports to any court exercising jurisdiction in bankruptcy that in his opinion a bankrupt has been guilty of any offence under this Act, the court may order the trustee to prosecute the bankrupt for such offence.

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14. Where it appears to the satisfaction of the court that there 25 are grounds for the institution of a prosecution against a bankrupt for an offence under this Act, the court may, if it thinks fit, either pending the proceedings in bankruptcy or afterwards, order the papers to be laid before Her Majesty's Attorney General for his direction thereon.

15. Where the court orders the trustee to prosecute the bankrupt prosecutions. under this Act, on the production of the order of the court, the expenses of the prosecution shall be allowed by the court before which the trial is had; and expenses so allowed shall be paid and borne as expenses of prosecutions for felony are paid and borne.

Form of indictment.

16. In an indictment for an offence under this Act it shall be sufficient to set forth the substance of the offence charged, 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.

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17. On any prosecution for an offence under this Act the accused A.D. 1869. shall be entitled, if he thinks fit, to be sworn and give evidence as Evidence of a witness.

accused.

18. So much of the Act of the session of the fifth and sixth Quarter 5 years of Her Majesty's reign (chapter thirty-eight), "to define the sessions to have jurisjurisdiction of justices in general and quarter sessions of the diction in peace," as excludes from the jurisdiction of justices and recorders respect of at sessions of the peace or adjournments thereof the trial of persons under Act. for offences against any provision of the laws relating to bankrupts

10 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

under this

19. Where any person is liable under any other Act of Parlia- Punishments ment to any punishment or penalty for any offence made punishable Act cumu15 by this Act, such person may be proceeded against under such other lative. Act of Parliament or under this Act, so that he be not punished twice for the same offence.

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PART III.

WARRANTS OF ATTORNEY, COGNOVITS, AND ORDERS FOR

JUDGMENT.

attorney and

20. Where in an action a warrant of attorney to confess Filing of judgment or a cognovit actionem is given, and the same, or a true warrant of copy thereof, is not filed with the officer acting as clerk of the cognovit docquets and judgments in the Court of Queen's Bench within actionem. 25 twenty-one days next after the execution thereof as required by the Act of the third year of the reign of King George the Fourth (chapter thirty-nine), "for preventing frauds upon creditors by "secret warrants of attorney to confess judgment," the same shall be deemed fraudulent and shall be void; and if any such warrant of 30 attorney or cognovit actionem so filed was given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper or parchment with the warrant or cognovit before the filing thereof, otherwise the warrant or cognovit shall be void.

to enter up

21. Where a judge's order made by consent is given by a Filing of 35 Defendant in a personal action whereby the plaintiff is authorized judge's order forthwith or at any future time to sign or enter up judgment, or judgment. to issue or to take out execution, whether such order is made subject

to

any defeasance or condition or not, then if the action is in the Court of Queen's Bench the order, and if the action is in any other

A.D. 1869. court a true copy of the order, shall, together with an affidavit of the time of such consent being given, and a description of the residence and occupation of the defendant, be filed with the officer acting as clerk of the docquets and judgments in the Court of Queen's Bench within twenty-one days after the making of the 5 order, otherwise the order and any judgment signed or entered up thereon, and any execution issued or taken out on such judgment, shall be void.

22. The provisions of the said Act of the third year of King
George the Fourth, and of the Act of the session of the sixth and 10
seventh years of Her Majesty's reign (chapter sixty-six), "to enlarge
"the provisions of an Act for preventing frauds upon creditors by
"secret warrants of attorney to confess judgment," for liberty to
file a warrant of attorney or cognovit actionem, or a copy thereof,
with the clerk of the docquets and judgments, and for that clerk to 15
make certain entries and search in relation thereto, and for entering
satisfaction thereon, and for fees for search, and filing and taking
office copies, shall extend and be applicable

order.

to every such judge's