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Criminal Code.

privilege, or to enjoy any rank or status, lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misderneanour, and is liable to imprisonment with hard labour for three years.

Definition.

Division IV.--Offences connected with Trade and Breach

of Contract. CHAPTER LIV.--FRAUDULENT DEBTORS. 511. IN this chapter the term “ a bankrupt” means a person with respect to whom any proceedings have been taken under the provisions of the laws relating to bankrupt debtors which result in his affairs being administered under the provisions of those laws for the benefit of his creditors.

Such a person is deemed to have been a bankrupt from the time when the proceedings were taken, whether that result had or had not happened when the unlawful act in question was done.

Absconding with property in contemplation of or immediately after bankruptcy.

512. ANY person whom
(1.) Being a bankrupt, departs from Western Australia

and takes with him, or attempts or prepares to depart
from Western Australia and to take with him any
part of his property to the amount of Twenty pounds,
which ought by law to be divided amongst his

creditors; or (2.) Departs from Western Australia and takes with him,

or attempts or prepares to depart from Western Australia, and to take with him any part of his property to the amount of Twenty pounds, which ought by law, in the event of his becoming insolvent, to be divided among his creditors, and within four

months afterwards becomes a bankrupt ; is guilty of a crime, and is liable to imprisonment with hard labour for two years.

It is a defence to a charge of any of the offences defined in this section to prove that the accused person had no intent to defraud.

Frauds by bankrupts.

513. ANY person who—
(1.) Being a bankrupt---
(a.) Fraudulently removes any part of his property

to the value of Ten pounds or upwards ; or
(b.) Fraudulently parts with, alters, or makes any

omission in, or is privy to fraudulently parting with, altering, or making any omission in, any

document account

Criminal Code.

document affecting or relating to his property

or affairs; or
(2.) Does any such act as aforesaid, and within four months

afterwards becomes a bankrupt ; or
(3.) Being a bankrupt, attempts to account for any part

of his property by alleging fictitious losses or expenses ;

or

(4.) Attempts, at a meeting of his creditors, to account for

any part of his property by fictitious losses or expenses,
and within four months afterwards becomes a bank-

rupt; or
(5.) By any false representation or other fraud obtains any

property on credit and does not pay for the same, and

within four months afterwards becomes a bankrupt ; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

514. ANY person who

Other frauds by (1.) Being a bankrupt

bankrupts.
(a.) Conceals any part of his property to the amount

of Ten pounds or ;
(6.) Conceals any debt due to or from him ; or
(2.) Does any of the following acts, that is to say-
(a.) Conceals any part of his property to the amount

of Ten pounds; or
(b.) Conceals any debt due to or from him ; or.
(c.) Obtains any property on credit under the false

pretence of carrying on business and dealing in
the ordinary way of trade, and does not pay for

the same; or
(d.) Pawns, pledges, or disposes of, otherwise than in

the ordinary way of trade, any property which
he has obtained on credit and has not paid for ;
and within four months afterwards becomes a

bankrupt;
is guilty of a misdemeanour, and is liable to imprisonment with
hard labour for two years.

It is a defence to a charge of any of the offences defined in this section to prove that the accused person had no intent to defraud.

515. ANY person who

Falsification of (1.) Being a bankrupt-

books by bankrupts. (a.) Conceals, destroys, alters, mutilates, or falsifies, any book, document, valuable security, for

Criminal Code.

account relating to his property or affairs, or any entry in any such book, document, or

account, or is privy to any such act; or (6.) Makes or is privy to making any false entry in

any such book, document, or account; or (2.) Does or is privy to any such act as aforesaid, and within

four months afterwards becomes a bankrupt; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

It is a defence to a charge of any of the offences defined in this section to prove that the accused person had no intent to conceal the state of his affairs or to defraud.

Frauds by bankrupts in course of bankruptcy proceedings.

516. ANY person whose affairs are in course of administration under the provisions of the laws relating to bankrupt debtors who-(1.) Knowing or believing that a false debt has been proved

by any person in the course of such administration, fails for the period of a month to give information there

of to the trustee of his property ; or (2.) Makes any false representation or commits any other

fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or to any proceedings taken under or by

virtue of such administration ; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

Failure by bankrupts to discover property.

517. ANY person whose affairs are in course of administration under the provisions of the laws relating to bankrupt debtors who(1.) Fails to fully and truly discover to the trustee of his

property, to the best of his knowledge and belief, all his property, real and personal, and how, and to whom, and for what consideration, and when, he disposed of every 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 ; or (2.) Fails to deliver to the trustee, or as he directs, any part

of his real and personal property which is in his custody or under his control, and which he is required by law

to deliver ; or (3.) Fails to deliver to the trustee, or as he directs, any book,

document, paper, or writing, which is in his custody or under his control, and which relates to his property or affairs; or

(4.)

Criminal Code.

(4.) Omits or is privy to omitting any material particular

from any statement relating to his affairs ; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

It is a defence to a charge of any of the offences defined in this section to prove that the accused person had no intent to conceal the state of his affairs or to defraud.

518. ANY person who omits to keep proper books of account

Failure to keep showing the true state of his affairs, and who, within three years, proper books. afterwards becomes a bankrupt, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

It is a defence to a charge of the offence defined in this section to prove that the accused person had no intention to conceal the state of his affairs, or to defraud.

519. ANY person who, being a bankrupt, prevents the pro- Concealing docuduction of any book, document, paper, or writing, affecting or ments. relating to his property or affairs, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

It is a defence to a charge of the offence defined in this section to prove that the accused person had no intent to conceal the state of his affairs or to defraud.

520. ANY person who, with intent to defraud the creditors of Receiving banka bankrupt, receives any property from the bankrupt, or fails to rupt's property with deliver to the trustee of the property of the bankrupt any property intent to defraud. which forms part of the estate of the bankrupt, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two

years.

521. ANY person who

Making false claim (1.) Being a creditor of a bankrupt, or being a creditor of a in bankruptcy.

debtor who has taken proceedings for a composition
with his creditors under the provisions of the laws
relating to bankrupt debtors, makes in the bankruptcy,
or in the proceedings for a composition, with intent to
defraud, a proof or declaration of debt or statement of
account, which, in any material particular, is to his

knowledge false ; or
(2.) Not being a creditor of a bankrupt, or of a person who

has taken any such proceedings, makes in the bank-
ruptcy, or in the proceedings for a composition, with

intent to defraud, a proof or declaration of debt;
is guilty of a misdemeanour, and is liable to imprisonment with
hard labour for one year.

522.

Concealing property of bankrupts.

Criminal Code. 522. ANY person who conceals any part of the property of a bankrupt, and does not, within forty-two days after the appointment of a trustee of the property of the bankrupt, discover such property to the trustee, or to the Registrar of the Supreme Court, is guilty of an offence, and is liable, on summary conviction, to imprisonment with hard labour for six months.

Fraudulent dealing with property by debtors.

523. ANY person who, with intent to defraud his creditors or any of them, (1.) Makes any gift, delivery, or transfer of his property, or

any charge on his property ; or (2.) Conceals or removes any part of his property after or

within two months before the date of any unsatisfied judgment or order for payment of money obtained

against him ; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for one year.

Undischarged

524. ANY person who, being an undischarged bankrupt, bankrupt obtaining obtains credit to the extent of Twenty pounds or upwards from any

person without informing such person that he is an undischarged bankrupt, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.

credit to extent of £20.

Concealment by

CHAPTER LV.-OTHER OFFENCES.

525. ANY person who, being a director or officer of a joint officers of companies stock company, the capital of which is proposed to be reduced, capital.

(1.) Conceals the name of any creditor of the company who

is entitled to object to the proposed reduction ; or (2.) Knowingly misrepresents the nature or amount of the

debt or claim of any creditor of the company; or (3.) Is privy to any such concealment or misrepresentation

as aforesaid ; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.

Falsification of

526. ANY person who, being a director, officer, or contribubooks of companies. tory of a company which is in course of being wound up, under

the provisions of the laws relating to joint stock companies, does any
of the following acts with intent to deceive or defraud, or to make
another person to deceive or defraud, that is to say :--
(1.) Conceals, destroys, alters, mutilates, or falsifies any book,

document, valuable security, or account relating to the
affairs of the company, or any entry in any such book,
document, or account, or is privy to any such act; or

(2)

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