Definition. Absconding with property in contemplation of or immediately after bankruptcy. Frauds by bankrupts. 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 misdemeanour, and is liable to imprisonment with hard labour for three years. 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. 512. ANY person who (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. 513. ANY person who (1.) Being a bankrupt- (a.) Fraudulently removes any part of his property document (2.) Does any such act as aforesaid, and within four months (3.) Being a bankrupt, attempts to account for any part or (4.) Attempts, at a meeting of his creditors, to account for (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 (1.) Being a bankrupt (a.) Conceals any part of his property to the amount (b.) 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 (b.) Conceals any debt due to or from him; or. (d.) Pawns, pledges, or disposes of, otherwise than in is guilty of a misdemeanour, and is liable to imprisonment with 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 (1.) Being a bankrupt (a.) Conceals, destroys, alters, mutilates, or falsifies, Other frauds by bankrupts. Falsification of books by bankrupts. account Frauds by bankrupts in course of bankruptcy proceedings. Failure by bankrupts to discover property. 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 (b.) 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. 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 thereof 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. 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 is guilty of a misdemeanour, and is liable to imprisonment with 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. Failure to keep 518. ANY person who omits to keep proper books of account 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. intent 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 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 (1.) Being a creditor of a bankrupt, or being a creditor of a (2.) Not being a creditor of a bankrupt, or of a person who 522. Making false claim in bankruptcy. Concealing property of bankrupts. Fraudulent dealing with property by debtors. Undischarged bankrupt obtaining credit to extent of £20. Concealment by on reduction of capital. 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. 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. 524. ANY person who, being an undischarged bankrupt, 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. 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,(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 Falsification of (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. 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) |