Miscellaneous.

time.

145.—(1) Where by this Act any limited time from or after any Computation of date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day; and the act or proceeding shall be done or taken at latest on the last day of that limited time as so computed, unless the last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter Week, or a day appointed for public fast, humiliation, or thanksgiving, or a day on which the court does not sit, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards which is not one of the days in this section specified.

(2) Where by this Act any act or proceeding is directed to be done or taken on a certain day, then, if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards which is not one of the days in this section specified.

notices.

146. All notices and other documents for the service of which no Service of special mode is directed may be sent by post to the last known address of the person to be served therewith.

147.-(1) No proceeding in bankruptcy shall be invalidated by any formal defect or by any irregularity, unless the court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of that court.

(2) No defect or irregularity in the appointment or election of a receiver, trustee, or member of a committee of inspection shall vitiate any act done by him in good faith.

148. Every deed, conveyance, assignment, surrender, admission or other assurance relating solely to freehold, leasehold, copyhold or customary property, or to any mortgage charge or other incumbrance on, or any estate, right or interest in, any real or personal property which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assignment, surrender, admission or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty, except in respect of fees under this Act.

149. For all or any of the purposes of this Act, a corporation may act by any of its officers authorised in that behalf under the seal of the corporation, a firm may act by any of its members, and a lunatic may act by his committee or curator bonis.

150. (1) Where in any Act, instrument, or proceeding, passed, executed, or taken before the commencement of this Act, mention is made of a commission of bankruptcy or fiat in bankruptcy, the same shall be construed, with reference to the proceedings under a bankruptcy petition, as if a commission of or a fiat in bankruptcy had been actually issued at the time of the presentation of such petition.

(2) Where by any Act or instrument reference is made to the Bankruptcy Act, 1869, or to any enactment repealed by this Act, that Act or instrument shall, unless the context otherwise requires, be construed and have effect as if this Act or the corresponding provision (if any) of this Act were therein referred to.

Certain provisions to bind Crown.

Saving for existing rights

of audience.

151. Save as provided in this Act, the provisions of this Act relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge, shall bind the Crown.

152. Nothing in this Act shall take away or affect any right of audience that any person may have had at the commencement of this Act.

Unclaimed and undistributed dividends or funds under

Acts.

Unclaimed Funds or Dividends.

153. (1) Where the trustee, under any bankruptcy, composition or scheme, pursuant to this Act or any enactment repealed by this Act, has under his control any unclaimed dividend which has remained this and former unclaimed for more than six months, or where, after making a final dividend, he has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish him with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof.

(2) Where any unclaimed or undistributed funds or dividends in the hands or under the control of any trustee or other person empowered to collect, receive, or distribute any funds or dividends under any Act of Parliament mentioned in the Fifth Schedule to this Act, or any petition, resolution, deed or other proceeding under or in pursuance of any such Act, have remained or remain unclaimed or undistributed for six months after they became claimable or distributable, or in any other case for two years after the receipt thereof by such trustee or other person, it shall be the duty of such trustee or other person forthwith to pay them to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish the trustee or other person with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof.

The Board of Trade may at any time order any such trustee or other person to submit to them an account verified by affidavit of the sums received and paid by him under or in pursuance of any such petition, resolution, deed, or other proceeding as aforesaid, and may direct and enforce an audit of the account.

The Board of Trade, with the concurrence of the Treasury, may from time to time appoint a person to collect and get in all such unclaimed or undistributed funds or dividends, and for the purposes of this section any court having jurisdiction in bankruptcy shall have and, at the instance of the person so appointed or of the Board of Trade, may exercise, all the powers conferred by this Act with respect to the discovery and realisation of the property of a debtor, and the provisions of Part I. of this Act with respect thereto shall, with any necessary modifications, apply to proceedings under this section.

(3) The provisions of this section shall not, except as expressly declared herein, deprive any person of any larger or other right or remedy to which he may be entitled against such trustee or other person.

(4) Any person claiming to be entitled to any moneys paid in to the Bankruptcy Estates Account, pursuant to this section, may apply to the Board of Trade for payment to him of the same, and the Board of Trade, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due.

Any person dissatisfied with the decision of the Board of Trade in respect of his claim may appeal to the High Court.

PART VII.

BANKRUPTCY OFFENCES.

debtors.

154. Any person who has been adjudged bankrupt or in respect of Fraudulent whose estate a receiving order has been made shall in each of the cases following be guilty of a misdemeanour :

(1) If he does not to the best of his knowledge and belief fully and
truly discover to the trustee all his property, real and personal,
and how and to whom and for what consideration and when
he disposed of any 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, unless he proves
that he had no intent to defraud:

(2) If he does not deliver up to the trustee, or as he directs, all such
part of his real and personal property as is in his custody or
under his control, and which he is required by law to deliver
up, unless he proves that he had no intent to defraud:
(3) If he does not deliver up to the trustee, or as he directs, all books,
documents, papers, and writings in his custody or under his
control relating to his property or affairs, unless he proves
that he had no intent to defraud:

(4) If, after the presentation of a bankruptcy petition by or against
him, or within six months next before such presentation, he
conceals any part of his property to the value of ten pounds
or upwards, or conceals any debt due to or from him, unless
he proves that he had no intent to defraud:

(5) If, after the presentation of a bankruptcy petition by or against him, or within six months next before such presentation, he fraudulently removes any part of his property to the value of ten pounds or upwards:

(6) If he makes any material omission in any statement relating to his affairs, unless he proves that he had no intent to defraud : (7) If, knowing or believing that a false debt has been proved by any person under the bankruptcy, he fails for the period of a month to inform the trustee thereof :

(8) If, after the presentation of a bankruptcy petition by or against him, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law:

(9) If, after the presentation of a bankruptcy petition by or against
him, or within six months next before such presentation, he
conceals, destroys, mutilates, or falsifies, or is privy to the con-
cealment, destruction, mutilation or falsification of any book
or document affecting or relating to his property or affairs,
unless he proves that he had no intent to conceal the state of
his affairs or to defeat the law:

(10) If, after the presentation of a bankruptcy petition by or against
him, or within six months next before such presentation, he
makes or is privy to the making of any false entry in any book
or document affecting or relating to his property or affairs,
unless he proves that he had no intent to conceal the state of
his affairs or to defeat the law:
(11) If, after the presentation of a bankruptcy petition by or against
him, or within six months next before such presentation, he
fraudulently parts with, alters, or makes any omission in, or
is privy to the fraudulently parting with, altering, or making
any omission in, any document affecting or relating to his
property or affairs:

(12) If, after the presentation of a bankruptcy petition by or against
him, or at any meeting of his creditors within six months next

Undischarged bankrupt obtaining credit.

Frauds by bankrupts, &c.

Bankrupt guilty of gambling, &c.

before such presentation, he attempts to account for any part
of his property by fictitious losses or expenses :

(13) If, within six months next before the presentation of a bank-
ruptcy petition by or against him, or, in the case of a receiving
order made under section one hundred and seven of this Act,
before the date of the order, or after the presentation of a
bankruptcy petition and before the making of a receiving order,
he, by any false representation or other fraud, has obtained
any property on credit and has not paid for the same:
(14) If, within six months next before the presentation of a bank-
ruptcy petition by or against him, or, in the case of a receiving
order made under section one hundred and seven of this Act,
before the date of the order, or after the presentation of a bank-
ruptcy petition and before the making of a receiving order,
he obtains under the false pretence of carrying on business,
and, if a trader, of dealing in the ordinary way of his trade,
any property on credit and has not paid for the same, unless
he proves that he had no intent to defraud:
(15) If, within six months next before the presentation of a bank-
ruptcy petition by or against him, or, in the case of a receiving
order made under section one hundred and seven of this Act,
before the date of the order, or after the presentation of a
bankruptcy petition and before the making of a receiving
order, he pawns, pledges, or disposes of any property which
he has obtained on credit and has not paid for, unless, in the
case of a trader, such pawning, pledging, or disposing is in
the ordinary way of his trade, and unless in any case he proves
that he had no intent to defraud:

(16) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his bankruptcy. For the purpose of this section, the expression "trustee means the official receiver of the debtor's estate or trustee administering his estate for the benefit of his creditors.

155. Where an undischarged bankrupt

or

(a) either alone or jointly with any other person obtains credit to the extent of ten pounds or upwards from any person without informing that person that he is an undischarged bankrupt; (b) engages in any trade or business under a name other than that under which he was adjudicated bankrupt without disclosing to all persons with whom he enters into any business transaction the name under which he was adjudicated bankrupt;

he shall be guilty of a misdemeanour.

156. If any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made

(a) in incurring any debt or liability has obtained credit under false pretences or by means of any other fraud;

(b) with intent to defraud his creditors or any of them, has made or caused to be made any gift or transfer of, or charge on, his property;

(c) with intent to defraud his creditors, has 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;

he shall be guilty of a misdemeanour.

157.—(1) Any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, shall be guilty of a misdemeanour, if, having been engaged in any trade or business, and having outstanding at the date of the receiving order any debts contracted in the course and for the purposes of such trade or business,—

(a) he has, within two years prior to the presentation of the bankruptcy petition, materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations, and such gambling or speculations are unconnected with his trade or business; or

(b) he has, between the date of the presentation of the petition and the date of the receiving order, lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid;

or

(c) on being required by the Official Receiver at any time, or in the course of his public examination by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition, or between that date and the date of the receiving order, he fails to give a satisfactory explanation of the manner in which such loss was incurred:

Provided that, in determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration.

(2) A prosecution shall not be instituted against any person under this section except by order of the court, nor where the receiving order in the bankruptcy is made within two years from the first day of April nineteen hundred and fourteen.

(3) Where a receiving order is made against a person under section one hundred and seven of this Act, this section shall apply as if for references to the presentation of a petition there were substituted references to the making of the receiving order.

158.-(1) If any person who has on any previous occasion been Bankrupt falling to keep proper adjudged bankrupt or made a composition or arrangement with his accounts. creditors is adjudged bankrupt, or if a receiving order is made in respect of his estate, he shall be guilty of a misdemeanour, if, having during the whole or any part of the two years immediately preceding the date of the presentation of the bankruptcy petition been engaged in any trade or business, he has not kept proper books of account throughout those two years or such part thereof as aforesaid, and, if so engaged at the date of presentation of the petition, thereafter, whilst so engaged, up to the date of the receiving order, or has not preserved all books of account so kept:

Provided that a person who has not kept or has not preserved such books of account shall not be convicted of an offence under this section if his unsecured liabilities at the date of the receiving order did not exceed one hundred pounds, or if he proves that in the circumstances in which he traded or carried on business the omission was honest and excusable.

(2) A prosecution shall not be instituted against any person under this section except by order of the court, nor where the receiving order in the bankruptcy is made within two years from the first day of April nineteen hundred and fourteen.

(3) For the purposes of this section, a person shall be deemed not to have kept proper books of account if he has not kept such books or accounts as are necessary to exhibit or explain his transactions and financial position in his trade or business, including a book or books containing entries from day to day in sufficient detail of all cash received and cash paid, and, where the trade or business has involved dealings in goods, also accounts of all goods sold and purchased, and statements of annual stocktakings.

(4) Paragraphs (9), (10), and (11) of section one hundred and fiftyfour of this Act (which relate to the destruction, mutilation, and falsification and other fraudulent dealing with books and documents), shall, in their application to such books as aforesaid, have effect as if two years next before the presentation of the bankruptcy petition "were substituted