by a person not having at the time of such payment (2.) Any payment or delivery of money or goods belonging to a actions entered property of the 95. Subject and without prejudice to the provisions of this act Protection of relating to the proceeds of the sale and seizure of goods of a trader, certain transand to the provisions of this act avoiding certain settlements, and into by or in avoiding, on the ground of their constituting fraudulent preferences, relation to the certain conveyances, charges, payments and judicial proceedings, bankrupt. the following transactions by and in relation to the property of a bankrupt, shall be valid, notwithstanding any prior act of bankruptcy,(1.) Any disposition or contract with respect to the disposition of property by conveyance, transfer, charge, delivery of goods, payment of money, or otherwise howsoever made by any bankrupt in good faith and for valuable consideration, before the date of the order of adjudication, with any person not having at the time of the making of such disposition of property notice of any act of bankruptcy committed by the bankrupt, and available against him for adjudication: (2.) Any execution or attachment against the land of the bankrupt, executed in good faith by seizure before the date of the order of adjudication, if the person on whose account such execution or attachment was issued had not at the time of the same being so executed by seizure notice of any act of bankruptcy committed by the bankrupt, and available against him for adjudication : (3.) Any execution or attachment against the goods of any bankrupt, executed in good faith by seizure and sale before the date of the order of adjudication, if the person on whose account such execution or attachment was issued had not at the time of the same being executed by seizure and sale notice of any act of bankruptcy committed by the bankrupt, and available against him for adjudication. Punishment of fraudulent debtors. Penalty on fraudulently obtaining credit, &c. Application of to offences under this Act. THE FRAUDULENT DEBTORS' ACT, 32 & 33 Vict., cap. 62. PART II. Punishment of Fraudulent Debtors. 11. Any person adjudged bankrupt, and any person whose affairs are liquidated by arrangement in pursuance of The Bankruptcy Act, 1869, shall, in each of the cases following, be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be im. prisoned for any time not exceeding two years, with or without hard labour; that is to say, (15.) If within four months next before the presentation of a bankruptcy petition against him or the commencement of the liquidation, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud: 13. Any person shall in each of the cases following be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be imprisoned for any time not exceeding one year, with or without hard labour; that is to say, (2.) If he has, with intent to defraud his creditors, or any of them, made or caused to be made any gift, delivery, or transfer of or any charge on his property : 18. Every misdemeanor under the Second Part of this Act shall be deemed to be an offence within and subject to the provisions of Indictments Act the Act of the session of the twenty-second and twenty-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. Form of indictment. Punishments under this Act cumulative. 66 19. In an indictment for an offence under this Act it shall be sufficient 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. 23. Where any person is liable under any other Act of Parliament or at common law to any punisment 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. INDEX. A. AGENT, ... ... ... ... ... PAGE. 56 ... 59, 254 ... 57, 58 Is a person employed by a principal, to do some act on principal's 57, 203, 252, 253 ... 13, 56, 58, 59 12, 49, 57, 60, 61, 62, 72, 217, 227, 329-342 Revocation of agency does not now affect loan to factor, &c. by Is, semble, excluded by Act of 1877 Loss by fraud should fall on him who enabled fraud to be com- ... Entrusted, may make successive pledges of same things Agents' settled accounts may be opened for fraud Fraudulently pledging, punishable criminally ... 69, 330, 333, 338 Goods stolen and then pledged by, Court may order restitution Goods in hands of, for special purpose, do not pass to trustee ... ... Pawnbroker liable for acts of his agents, servants, &c. See BANKRUPTCY FACTORS, PLEDGES BY. GOODS STOLEN OR UNLAWFULLY PAWNED. APPEAL, PAGE. By party grieved, against order on conviction under Pawnbrokers' Act, 1872, lies to Quarter Sessions 112, 267, 317 267 In Scotland, to Circuit Court, or Court of Justiciary Procedure upon... ... 267 131 For reduction of penalties in respect of licenses, to Inland Unredeemed Pawns not under Pawnbrokers' Act, may, but not 15 169, 295, 296 China, pictures, and certain other valuables, must be sold But Pawnbroker can, at sales under the Act 102, 137, 171, 277, 309, 327 Proceeds of sale by, must be entered in Sale Book and Sale Must cause all pledges to be exposed to public view 137, 171, 285, 309,327 Must sell china, and other valuables at certain timəs 137, 172,285,309,327 137, 172, 285, 309, 328 Must deliver within 14 days, to each Pawnbroker, account of his Unless contract express and inconsistent Cheque on, not a delivery or assignment of drawer's balance 7,15 85 83, 85, 87 85 199, 350ape. The time On proof of any such act, debtor may be adjudicated Bankrupt 199, 200, 350a When ordinary process is not available against him or his estate ... 200, 350b 200, 350b And debtor's property vests in trustee Pawn must be perfected—not merely contracted for May elect to prove debt and abandon security Or stand by security 46, 200, 350b, f, g 293 201, 222 201, 222, 230 If Pawn or other security received in good faith 46, 201, 206, 350b, f, g Without notice of an act of bankruptcy available against pawnor for adjudication . 46, 201, 203, 297, 350f, g ... Unless Pawn is an act of bankruptcy Bona fides, a question of fact for Court or Jury Knowledge that pawnee is embarrassed, no proof of mala fides 202, 206 Adjudication in bankruptcy, Pawn must precede Or cannot retain against trustee 46, 203, 297, 350f, g Act of bankruptcy must have been actually committed Fraudulent conveyance or transfer, pawn amounting to, invalid ...204, 297, 350ƒ, g As by preventing equal distribution of bankrupt's assets Or fraudulently made for a past debt Or even innocently, if by trader Or of all debtor's available assets Or so much thereof as will prevent a trader from continuing trade 205 ram 14 AA |