Page images
PDF
EPUB

The Insolvent Act Further Amendment Act.—1914.

Failure to make
delivery.
32 & 33 Vict.,
c. 62, s. 11 (2).

Failure to give up
documents.
Ibid., s. 11 (3).

Omission in
statement.
Ibid., s. 11 (6).
Failure to inform
trustee of false debt.
Ibid., s. 11 (7).

a

[merged small][ocr errors][merged small]

(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:
11. If the insolvent, after, or within the six months next preceding,

the filing of the petition for adjudication of insolvency-
(a) has concealed any part of his property to the value

of Ten Pounds or upwards; or
(6) has concealed any debt due to or from him; or
(c) has concealed, parted with, destroyed, mutilated,

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 :
111. If any insolvent, after, or within the six months next preceding,

the filing of the petition for adjudication of insolvency-
(a) has, by any false representation or other fraud,
obtained

any property on credit and has not paid
for it; or
(6) has obtained, 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 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
on credit by fraud.
32 & 33 Vict., c. 62,
s. 11 (13).

Obtaining property
on credit by false pre-
tence of trading.
Ibid., s. 11 (14).

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
forbearance of any provable debt; or

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).
(b) at the time when any of his provable debts was Contracting debts.

contracted, could not have had any reasonable expectation.
or probable expectation (proof whereof shall Ibid, s. 138 (6).
lie on him) of being able to pay the same as well

as all his other provable debts; or
(c) has, with intent to conceal the true state of his Wilfully omitting to
'affairs, wilfully omitted at any time to keep proper n.z., 12, 1908, s. 138

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).
frivolous or vexatious action; or
(f) within the six months next preceding the filing of Vexatious defences
the petition for adjudication of insolvency, S.A-, 385, 1986,

s. 175, VIII.
has put any of his creditors to any unnecessary
expense by any vexatious or frivolous defence
or delay to any action for the recovery of any
provable debt, or is indebted in costs incurred in
any action so vexatiously or frivolously defended;

(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,

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small]

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

« EelmineJätka »