5 (3.) If he has, with intent to defraud his creditors, concealed or A.D .1869. PART II. demeanor. 14. If any creditor in any bankruptcy or liquidation by arrange- False claim, ment or composition with creditors in pursuance of The Bankruptcy &c. a misAct, 1869, wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular, he shall be guilty of a misde10 meanor, punishable with imprisonment not exceeding one year, with or without hard labour. 15. Where a debtor makes any arrangement or composition with his creditors under the provisions of The Bankruptcy Act, 1869, he shall, after the provisions of the deed have been executed, remain 15 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 20 dividends. CLAUSE H. Debts incurred by fraud. court for 16. Where a trustee in any bankruptcy reports to any court Order by exercising jurisdiction in bankruptcy that in his opinion a bankrupt prosecution has been guilty of any offence under this Act, or where the court on report of is satisfied upon the representation of any creditor or inspector that 25 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. trustee. 30 17. Where the prosecution of the bankrupt under this Act is Expenses of ordered by any court then, on the production of the order of the prosecutions. court, the expenses of the prosecution shall be allowed, paid, and borne as expenses of prosecutions for felony are allowed, paid, and borne. 35 18. In an indictment for an offence under this Act it shall be Form of sufficient to set forth the substance of the offence charged, in the indictment. 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 40 order, warrant, or document of any court acting under The Bankruptcy Act, 1869. A.D. 1869. PART II. Quarter sessions to have jurisdiction in respect of offences under Act. CLAUSE I. Mayors, &c. disqualified by arrange ments. 66 19. So much of the Act of the session of the fifth and sixth years of 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 5 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. 20. The provisions of the Act of the sixth year of William the 10 Fourth, chapter seventy-six, for the regulation of 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, 15 alderman, or town councillor with his creditors under The Bankruptcy Act, 1869, whether the same is made by deed or otherwise. 21. 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 Bank- 20 or arranging ruptcy Act, 1869, he shall be and remain incapable of acting as a ditors. justice of the peace until he has been newly assigned by Her Majesty in that behalf. CLAUSE K. Justices of the peace becoming bankrupt with cre Punishments under this Act cumulative. 22. Where any person is liable under any other Act of Parliament or at common law to any punishment or penalty for any offence 25 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. PART III. CLAUSE E. Warrants of attorney and cognovit actionem to be executed in the pre sence of an attorney on behalf of the person. 1 & 2 Vict. c. 110. s. 9. PART III. WARRANTS OF ATTORNEY, COGNOVITS, AND ORDERS FOR JUDGMENT. 30 23. After the commencement of this Act, a warrant of attorney to confess judgment in any personal action or cognovit actionem given by any person shall not be of any force unless there is present some attorney of one of the superior courts on behalf of 35 such person expressly named by him and attending at his request to inform him of the nature and effect of such warrant or cognovit before the same is executed, which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person executing the same, and state A.D. 1869. that he subscribes as such attorney. PART III. 24. A warrant of attorney to confess judgment or cognovit CLAUSE F. actionem not executed in manner aforesaid shall not be rendered Warrant,&c. not formally 5 valid by proof that the person executing the same did in fact underexecuted stand the nature and effect thereof, or was fully informed of the invalid. same. 1 & 2 Vict. c. 110. s. 10. 12 & 13 Vict. c. 106. s. 136. 25. 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 10 copy thereof, is not filed with the officer acting as clerk of the attorney and cognovit docquets and judgments in the Court of Queen's Bench within actionem. 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 15" secret warrants of attorney to confess judgment," the same shall be deemed fraudulent and shall be void; and if any such warrant of 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 20 the filing thereof, otherwise the warrant or cognovit shall be void. to enter up c. 106. s.137. 26. Where a judge's order made by consent is given by a Filing of 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 12 & 13 Vict. 25 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 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 30 acting as clerk of the docquets and judgments in the Court of Queen's Bench within twenty-one days after the making of the 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. 35 c. 39., 6 & 7 Vict. c. 66., 27. The provisions of the said Act of the third year of King Application George the Fourth, and of the Act of the session of the sixth and of 3 Geo. 4. 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 40 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 make certain entries and search in relation thereto, and for entering to judge's orders. 12 & 13 Vict. c. 106. s. 137. A.D. 1869. satisfaction thereon, and for fees for search, and filing and taking office copies, shall extend and be applicable to every such judge's order. PART III. CLAUSE L. Registration bills of sale. 28. In addition to the particulars required by the seventh section of details of of the Act twenty-ninth and thirtieth Victoria, chapter ninety-six, 5 intituled "An Act to amend The Bills of Sale Act, 1854,'' there shall be entered in the book thereby directed to be kept the residence and occupation of the person or persons to whom or in whose favour every bill of sale shall be given, and the sum for which the same shall be given. CLAUSE M. Exemption from act of foreign at tachment. 29. Nothing in this Act contained shall affect the custom of foreign attachment as exercised by any competent court, or the proceedings in relation to such custom. 10 LORDS AMENDMENTS ΤΟ THE IMPRISONMENT FOR DEBT BILL. Note. The page and line refer to the Bill (168) as first printed by the Lords. Page 1. Line 19, leave out ("this section ") and insert (" the above "enactment ") Lines 24 and 25, leave out (" in payment of ") and insert (“and "ordered to pay by a court of equity") Page 2. Line 24, after (" issued ") insert (6) Be exercised only as respects a judgment of a superior court of law or equity when such judgment does not exceed fifty pounds, exclusive of costs; (c) Be exercised only as respects a judgment of a county court by a county court judge or his deputy. Line 5, after (" creditors") insert (" of any portion") Line 6, leave out ("like sum accruing periodically ") and insert ("income") Line 11, after (" Provided ") insert ("first") Line 12, leave out from ("year") to the end of the clause, and insert (" and, secondly, that nothing in this section shall "alter the effect of any judgment or order of any court for "payment of money except as regards the arrest and im"prisonment of the person making default in paying such "money.") Line 15, after (" mentioned") insert ("and to the prescribed "rules") Line 16, after ("weeks ") insert ("or until payment of the |