The Insolvent Act Further Amendment Act.—1914. Failure to make Failure to give up Omission in a (6) has not delivered up to the trustee, or as the trustee has directed, all parts of his real and personal property which are, or have been, in his custody or under his control, and which he is required by law to deliver up; or (c) has not delivered up to the trustee, or as the trustee has directed, all books, documents, papers, and writings in his custody or under his control relating to his property, or any part thereof, or his affairs; or (d) has wilfully made any material omission in any statement relating to his affairs; or (e) knowing or believing that a false debt has been proved by any person under the insolvency, has failed for a period of one month to inform the trustee thereof; or (f) has been 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 property or affairs or his insolvency; or (g) has, in the opinion of the Court, failed to give a complete and satisfactory account of the loss, within a period of twelve months immediately preceding the filing of the petition for adjudication of insolvency, of any part of his property: the filing of the petition for adjudication of insolvency- of Ten Pounds or upwards; or falsified, altered, or made any false entry in or omission from, any book or document affecting or relating to his property or affairs; or (d) has attempted to account for any part of his property by fictitious losses or expenses : the filing of the petition for adjudication of insolvency- any property on credit and has not paid business and dealing in the ordinary way of his trade, any property on credit, and has not paid for it; or (c) has, Concealment of property. 32 & 33 Vict., c. 62, s. 11 (4). Concealment of debt. Ibid., s. 11 (6). Concealment, mutilation, or falsification of documents. Ibid., s. 11 (9), (10), and (11). Accounting by fictitious losses. Ibid., s. 11 (12). Obtaining property Obtaining property The Insolvent Act Further Amendment Act.-1914. pretence. (c) has, by fraud or false pretence, contracted any prov- Contracting debts by able debt, or obtained from any creditor the fraud or false S.A.,385, 1886, s.176, (d) has pawned, pledged, or disposed of, otherwise than Disposing of property in the ordinary way of his trade, any property obtained on credit. which he has obtained on credit and has not paid 32 & 33. Vict., c. 62, III. . , 11 (15). for; or or (e) has, when unable to pay his provable debts as they Giving fraudulent became due, given an undue preference to any n.z., 12, 1909, s. 138 preference. of his creditors: (w). 1v. If any insolvent, within the six months next preceding the Fraudulent disposal of property. filing of the petition for adjudication of insolvency, has, S.A.,385, 1886, s. 175 with intent to diminish the sum to be divided amongst xi. his creditors in case of an adjudication of insolvency, made away with, mortgaged, or charged any part of his property of any kind whatsoever: v. If any insolvent, after the filing of the petition for adjudication Preventing produc of insolvency, prevents the production of any book, docu- tion of documents, ment, paper, or writing affecting or relating to his property 32 & 33 Viet., c. 62, or affairs: s. 11 (8). vi. If any insolvent Trading on fictitious (a) has carried on trade by means of fictitious capital; capital. N.Z., 12, 1908, s. 138 (a). contracted, could not have had any reasonable expectation. as all his other provable debts; or keep books. books or accounts; or (c). (d) at any time within the three years next preceding Failure to keep the filing of the petition for adjudication of in- usual books. d. solvency, has failed to keep such books of Ibid., s. 138 (a). account as are usual and proper in the business carried on by him, and as sufficiently set forth his business transactions and disclose his finan cial position; or (e) has, within the six months next preceding the Vexatious actions. filing of the petition for adjudication of insolvency, Cf. 53 & 54 Vict., incurred unjustifiable expense by bringing a c. 71, s. 8 (3) (h). s. 175, VIII. (9) has, or The Insolvent Act Further Amendment Act.—1914. business. 8. 12. Coni ealing, &c., (g) has, with intent to defraud his creditors, concealed property before or after judgment. or removed any part of his property since, or N.Z., 12, 1908, within the two months next preceding, the date s. 138 (9). when any judgment or order for payment of money has been obtained against him unless such judgment or order has been satisfied; or Payments out of (h) within the three years next preceding the filing of regular course of the petition for adjudication of insolvency, has Ibid., s. 138 (i). made payments out of the regular course of his business not being for the ordinary expenses of himself or his family, unless it is proved to the satisfaction of the Court that such payments were justifiable; or Penalty for abscond- vii. If any insolvent, after, or within the six months next preceding, ing with property. the filing of the petition for adjudication of insolvency, 32 & 33 Vict., c. 62, quits South Australia and takes with him, or attempts, or makes preparation, to quit South Australia and take with him, any part of his property to the value of Twenty Pounds or upwards which ought by law to be divided among his creditors, unless the Court is satisfied that he had no intent to defraud his creditors : Uncertificated VII. If any insolvent, before his certificate has been awarded, insolvent obtaining (a) either alone or jointly with any other person obtains 46 & 47 Vic., c. 52, credit to the extent of Twenty Pounds or upwards from any person without informing him that he is an uncertificated insolvent; or Uncertificated (6) trades upon credit under an assumed name, or in the insolvent trading name of any other person, or in the name of a firm, without disclosing his true name and the Cf. B.T. Rpt., par. 189. fact that he is an uncertificated insolvent to all those with whom he deals: Gaming extravagance ix. If any insolvent has brought about, or contributed to, his or unjustifiable speculations. insolvency by rash and hazardous speculations, or by N.Z., 12, 1908, s. 138 gambling, drunkenness, or extravagance in living : (h). B. T. Rpt., par. 187. x. If any insolvent is privy to an act or omission which, if Privy to offence. Cf. 32 & 33 Vic., done or made by himself, would be an offence under this c. 62, s. 11 (9), section. (10), (11). In any proceedings for an offence under subdivision 1. of this complete, S.A., 283, section, the offence of concealing property or a debt shall be deemed , (part). to have been complete on the first concealment, and shall not be condoned by subsequent restitution or disclosure. credit. 8. 31. under assumed name, &c. . When concealment In the name and on behalf of His Majesty, I hereby assent to this Bill. H. L. GALWAY, Governor. Adelaide: By authority, R. E. E. Rogers, Government Printer, North Terrace, An Act to further amend " The Lands Clauses Consolidation Act.” [Assented to, November 12th, 1914.] E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: 1. (1) This Act may be cited alone as “ The Lands Clauses Short titles. Consolidation Further Amendment Act, 1914." (2) “ The Lands Clauses Consolidation Acts, 1847 to 1911,” and 6 of 1847. this Act, may be cited together as “ The Lands Clauses Consolidation 26 of 1855-6. Acts, 1847 to 1914." 202 of 1881. 1035 of 1911. 2. This Act is incorporated with the Acts mentioned in section 1, Incorporation with and those Acts and this Act shall be read as one Act. discretion of 3. (1) Section 34 of “ The Lands Clauses Consolidation Act” is Substitution of new provision for s. 34 hereby repealed, and the following provision is hereby enacted and of Lands Clauses substituted therefor, namely : Consolidation Act. 34. That the costs of the reference and award shall be in the Costs to be in discretion of the arbitrators or arbitrator or umpire, who may arbitrator. direct to and by whom, and in what manner, the costs, or any Cf. Arbitration part thereof, shall be paid, and may tax or settle the amount Act, 1891, Sch. I. of costs to be so paid, or any part thereof, and may award costs to be paid as between solicitor and client : Provided that there shall be an appeal from any direction or award of the arbitrators, or arbitrator, or umpire under this section. Such appeal shall be to a Judge of the Supreme Court in Chambers upon a Judge's summons. (2) Where The Lands Clauses Consolidation Further Amendment Act.—1914. (2) Where in or by any Act incorporated with “ The Lands Clauses Consolidation Act” or any of the provisions thereof, or with which the last-mentioned Act or any provisions thereof are incorporated, reference is made to section 34 of the said lastmentioned Act or that section is made to apply, (0) such reference shall be construed as a reference to section 31 as enacted by this Act, or (6) the said section so enacted shall apply in lieu of section 34 as enacted by “ The Lands Clauses ('onsolidation Act," according as reference is so made to the said section, or the said section is so made to apply. Application of Act. 4. This Act shall apply to all costs to be awarded after the passing of this Act, whether in respect of arbitrations commenced before or arbitrations commenced after such passing. In the name and on behalf of His Majesty, I hereby assent to this Bill. H. L. GALWAY, Governor. Adelaide : By authority, R. E. E. RIGers, Government Printer, North Terrace |
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