Page images

Imprisonment for Debt.

(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.



14. If any creditor in any bankruptcy or liquidation by arrange- False claim, ment or composition with creditors in pursuance of The Bank- &c. a misderuptcy Act, 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 misdemeanor, punishable with imprisonment not exceeding one year, with or without hard labour.

15. Where a debtor makes any arrangement or composition Debts incurred with his creditors under the provisions of The Bankruptcy Act, by fraud. 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.


16. Where a trustee in any bankruptcy reports to any court Order by court exercising jurisdiction in bankruptcy that in his opinion a bank- for prosecution rupt has been guilty of any offence under this Act, or where on report of the court is satisfied upon the representation of any creditor or member of the committee of 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 Expenses of is ordered by any court, then, on the production of the order of prosecutions. the court, the expenses of the prosecution shall be allowed, paid,

and borne as expenses of prosecutions for felony are allowed,

paid, and borne.


under this Act.

18. Every misdemeanor under the Second Part of this Act Application shall be deemed to be an offence within and subject to the pro- of Vexatious visions of the Act of the session of the twenty-second and twenty- Act to offences 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 Form of indictsufficient 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.

20. So much of the Act of the session of the fifth and sixth years of Her Majesty's reign (chapter thirty-eight), "to define sions to have

Quarter ses

jurisdiction in

PART II. respect of offences under


Mayors, &c. disqualified by with creditors.


Justices of the

peace becoming bankrupt or arranging with creditors.



Imprisonment for Debt.

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.

21. The provisions of the Act of the session of the fifth and sixth years of William the Fourth, chapter seventy-six, for the regulation of municipal corporations, sections fifty-two and fiftythree, 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, or town councillor with his creditors under The Bankruptcy Act, 1869, whether the same is made by deed or otherwise.

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 Parliaunder this Act ment 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.


Warrants of

attorney, &c.

in presence of


Warrants of Attorney, Cognovits, and Orders for Judgment. 24. After the commencement of this Act, a warrant of attorney to confess judgment in any personal action or cognovit actionem to be executed 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 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 that he subscribes as such attorney.

an attorney on behalf of the person.

Warrant, &c. not formally executed invalid.

Filing of warrant of

attorney and cognovit actionem.

25. A warrant of attorney to confess judgment or cognovit actionem not executed in manner aforesaid shall not be rendered valid by proof that the person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same.

26. Where in an action a warrant of attorney to confess judgment or a cognovit actionem is given, and the same, or a true copy thereof, is not filed with the officer acting as clerk of the docquets and judgments in the Court of Queen's Bench within twenty-one days next after the execution thereof as required by the Act of the third year of the reign of King George the

Imprisonment for Debt.

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 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


27. 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 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 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 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.

[ocr errors]

Application of

3 Geo. 4. c. 39.

and 6 & 7 Vict. c. 66. to

28. 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 seventh years of Her Majesty's reign (chapter sixty-six), "to "enlarge the provisions of an Act for preventing frauds upon judge's orders. "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 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 to every such judge's order.

29. Nothing in this Act contained shall affect the custom of Exemption foreign attachment as exercised by any competent court, or the from Act of proceedings in relation to such custom.

CHAP. 63.

An Act to amend The Metropolitan Poor Act, 1867.

[9th August 1869.]

foreign attach


WHEREAS it is expedient that sundry amendments should 30 & 31 Viet.

be made in The Metropolitan Poor Act 1867: Be it there- c. 6. fore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. The Poor Law Board, as and when they shall see fit, may dissolve any asylum or school district contained wholly or partly in the metropolis, and upon such dissolution shall adjust the rights and liabilities of parishes and unions comprised therein respectively, and provide for the compensation of the officers and other persons

Board empowered to dissolve asylum and school districts and

Poor Law

Provision for

the amalgama

tion of the

several parts of a district into one union.

Provision for parish workhouse in unions

upon which union money has been expended.

Poor Law Board empowered to adjust parts of divided parishes.

Provision for the dealing with the property vested in a board of guardians of

Metropolitan Poor Act (1867) Amendment.

employed therein, in like manner as when a union is dissolved under the authority of the thirty-second section of The Poor Law Amendment Act, 1834; and so much of that section as requires the concurrence of two-thirds of the guardians in the dissolution of any union is hereby repealed; and prior to issuing any order dissolving such district, the said board may by their order empower the managers of such district to sell and dispose of any land, buildings, or other property belonging to them, and to apply the produce thereof in discharge of the debts and liabilities then outstanding against such managers, and to distribute any surplus which may remain among the parishes or unions comprised therein according to their original proportions, and if the said district shall be dissolved before the same shall be sold, the said board may by their order empower the persons who were the managers of the district at the time of its dissolution, or the major part of them, to make such sale, and to convey the land to the purchaser thereof, and to apply and distribute the produce accordingly.

2. Where the union or unions and parish or parishes, or unions or parishes, constituting any district formed under The Poor Law Amendment Act, 1844, or under The Metropolitan Poor Act, 1867, shall have been or shall be formed into one union for the relief of the poor, all the property, real and personal, of the board of managers shall be transferred to, and shall vest in, the guardians of the said union, and the liabilities, obligations, and debts of the said board of managers shall be, in like manner, transferred to and be discharged by the said guardians.

3. Where the guardians of any union shall at any time, under the orders of the Poor Law Commissioners or the Poor Law Board, have borrowed money and expended it upon the improvement or enlargement of the workhouse or other property belonging to any parish comprised within the union, and such workhouse or property shall afterwards be sold or let, the guardians shall be entitled to receive out of the purchase money or rents such an amount as in the judgment of the Poor Law Board shall appear reasonable, and the same shall be appropriated for the benefit of the said union in such manner as the said board shall by their order direct.

4. Where several parts of any parish are separated from one another and it shall appear to the Poor Law Board that the relief to the poor in such parish can be better administered by means of a readjustment of those parts, the said board may, by an order under seal, make a readjustment of such parts, by incorporation with an adjoining parish or otherwise, in such manner as shall seem to them to be most expedient; and they shall, after the issuing of such order, make all such regulations for the adjustment of the rights and liabilities of the parts of the parishes respectively affected by the said order as the nature of the case shall in their judgment require.

5. Where upon the constitution of a board of guardians for any parish under the order of the Poor Law Commissioners or the Poor Law Board any workhouse, land, goods, effects, or other real or personal estate then vested in or belonging to any body or persons in trust for the parish, became vested in or transferred to

Metropolitan Poor Act (1867) Amendment.

the board.

such guardians, and the board so constituted has been or shall be a parish on the dissolved or has otherwise ceased or shall cease to exist, such work- dissolution of house, land, goods, effects, or other real or personal estate shall, upon such dissolution or cessation, be by virtue of this Act revested in and transferred to the body or persons if still subsisting in whom the same were vested, or to whom the same belonged when any such board was constituted, to be held upon the same trusts and with the same rights and obligations as existed when the property was previously held by such body or persons, and subject to all obligations lawfully created by the said board while the same was vested in them; and if there should be no such body or persons subsisting in whom the same can be so vested, and as regards all property acquired by the said board otherwise than as aforesaid, the same shall in like manner, upon such dissolution or cessation, vest in and be transferred to the churchwardens and overseers of the poor, or the overseers of the poor only, as the case may be, of the said parish, upon such trusts, with the same rights and subject to the same obligations as aforesaid; and the seventeenth section of The Poor Law Amendment Act, 1867, is hereby repealed.

6. The qualification of managers referred to in section 10 of Qualification The Metropolitan Poor Act, 1867, shall be deemed to have been of managers and to be that which the Poor Law Board are empowered to of asylum prescribe by the twelfth section of the said Act.


district where

7. When any parish or union comprised in a district formed as Provision for aforesaid shall have been, or shall be added to a union, or shall the acting be formed into a union with some other parish, without being managers of a separated from the district, every manager elected or nominated parish in a for such parish or union shall continue to act as a member of the such parish is board of managers for such district until the term for which he added to a was elected or nominated shall have expired, and the board of union. management shall continue to be legally constituted, notwithstanding any such change in the separate parishes or unions combined therein; and where the Poor Law Board shall have nominated guardians in any union or parish, the board of guardians shall continue to be legally constituted, and such nominated guardians to be qualified to act until the expiration of the term for which they were nominated, notwithstanding any increase in the number of ex-officio guardians in the meantime.

tinue in office

8. Every registrar of births and deaths or marriages acting for Registrars of any district in a union or parish, on or after the twenty-fourth births and day of June one thousand eight hundred and sixty-nine, shall be deaths to conentitled to continue in office notwithstanding the dissolution of notwithstandthe union, or the addition or separation from a union of the parish ing dissolution or parishes comprising the district for which he acts, to the same of union. extent as if such dissolution, addition, or separation had not taken place; but this section shall not apply to any such registrar whose

office has been determined prior to the passing of this Act.

9. The paragraph numbered 2 in the seventeenth section of How loans in The Metropolitan Poor Act, 1867, is hereby repealed, and the districts to be sums of money now borrowed or hereafter to be borrowed by the charged. managers of any district under the authority of that or any sub

« EelmineJätka »