Abbildungen der Seite
PDF
EPUB
[ocr errors][merged small][merged small]

An Act to amend the Bankruptcy Act, 1914.

A.D. 1926,

E it enacted by the King's most Excellent Majesty,

Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, 5 as follows:

1.-(1) So much of subsection (2) of section twenty- Amend. six of the Bankruptcy Act, 1914 (hereinafter referred to ments

of 4 & 5 as the “principal Act”), as requires the Court to refuse

Geo. 5. the discharge of a bankrupt in all cases where he has

c. 59. s. 26. 10 committed a felony or misdemeanour connected with his

bankruptcy unless for special reasons the Court otherwise determines, and so much of the said subsection as requires the Court, where on proof of any of the facts

mentioned in subsection (3) of the said section the Court 15 suspends the discharge of a bankrupt, to do so for a

period of not less than two years, shall cease to have
effect, and in the said subsection (2)—
(a) there shall be substituted for the words from

the beginning of the first proviso down to the 20

word “either the words following, that is to
say :

“Provided that where the bankrupt has
“ committed any misdemeanour under this

“ Act, or any enactment repealed by this 25

“ Act, or any other misdemeanour connected
“ with his bankruptcy or any felony con-
“ nected with his bankruptcy, or where in

A.D. 1926.

any case any of the facts hereinafter “ mentioned are proved, the Court shall

“ either—"; and (6) there shall be substituted for paragraph (ii) of

the said first proviso the following paragraph, 5 that is to say

“ (ii) suspend the discharge for such period

as the Court thinks proper; or (2) There shall be substituted for paragraph (h) of subsection (3) of the said section twenty-six of the 10 principal Act the following paragraph, that is to say :

(h) That the bankrupt has brought on or “ contributed to his bankruptcy by incurring

unjustifiable expense in bringing any frivolous or vexatious action;

15

66

[ocr errors]

8. 33.

8. 39.

Explanation 2. For the removal of doubts it is hereby declared of 4 & 5

that the priority given by section thirty-three of the Geo. 5. c. 59.

principal Act to the wages or salary of any clerk or servant in respect of services rendered to a bankrupt during four months before the date of the receiving 20 order, not exceeding fifty pounds, applies to any such wages or salary as aforesaid whether or not earned

wholly or in part by way of commission. Amendment 3. For section thirty-nine of the principal Act of 4 & 5 (which relates to second or subsequent bankruptcies) 25 Geo. 5. c. 59. there shall be substituted the following section, , that is to say

(1) Where a second or subsequent receiving “ order is made against a bankrupt, or where an order is made for the administration in bank

30 “ ruptcy of the estate of a deceased bankrupt, then “ for the purposes of any proceedings consequent

upon any such order, the trustee in the last

preceding bankruptcy shall be deemed to be a creditor in respect of any unsatisfied balance of 35 “ the debts provable against the property of the bankrupt in that bankruptcy.

(2) In the event of a second or subsequent receiving order made against a bankrupt being “ followed by an order adjudging him bankrupt, 40 " or in the event of an order being made for the

66

66

66

10

66

“ administration in bankruptcy of the estate of A.D. 1926.

a deceased bankrupt, any property acquired “ by him since he was last adjudged bankrupt,

which at the date when the subsequent petition 5

was presented had not been distributed amongst “ the creditors in such last preceding bankruptcy, “ shall (subject to any disposition thereof made

by the official receiver or trustee in that bank“ ruptcy, without knowledge of the presentation “ of the subsequent petition, and subject to the

provisions of section forty-seven of this Act) “ vest in the trustee in the subsequent bank

ruptcy or administration in bankruptcy as the

case may be. 15

(3) Where the trustee in any bankruptcy “ receives notice of a subsequent petition in

bankruptcy against the bankrupt or after his “ decease of a petition for the administration

“ of his estate in bankruptcy, the trustee shall 20 “ hold any property then in his possession which

“ has been acquired by the bankrupt since he

was adjudged bankrupt until the subsequent
petition has been disposed of, and, if on the

subsequent petition an order of adjudication or 25

“ an order for the administration of the estate
“ in bankruptcy is made, he shall transfer all
“ such property or the proceeds thereof (after

deducting his costs and expenses) to the trustee

“ in the subsequent bankruptcy or administration 30 “ in bankruptcy, as the case may be.”

4. Where any money or property of a bankrupt Recovery of has, on or after the date of the receiving order but property before notice thereof has been gazetted in the prescribed transferred

manner, been paid or transferred by a person having knowledge 35 possession of it to some other person, and the payment of receiving

or transfer is under the provisions of the principal Act order.
void as against the trustee in the bankruptcy, then,
if the person by whom the payment or transfer was

made proves that when it was made he had not had 40 notice of the receiving order, any right of recovery

which the trustee may have against him in respect of the money or property shall not be enforced by any legal proceedings except where and in so far as the court is satisfied that it is not reasonably practicable for the

A.D. 1926. trustee to recover in respect of the money or property or

of some part thereof from the person to whom it was

paid or transferred. Amend

5.-(1) Section one hundred and fifty-four of the ments of principal Act (which provides among other things that 5 4 & 5 Geo. 5. any person who has been adjudged bankrupt or in c.59. s. 154. respect of whose estate a receiving order has been made,

shall be guilty of a misdemeanour if he commits any of
the acts or omissions mentioned in paragraphs (4), (5),
(9), (10), (11) and (12), of the said section within six 10
months next before the presentation of the bankruptcy
petition by or against him, or if he commits any of the
acts mentioned in paragraphs (13), (14) and (15) of the
said section within six months next before the presenta-
tion of the bankruptcy petition by or against him, or, 15
in the case of a receiving order made under section one
hundred and seven of the principal Act, before the date
of the order), shall have effect as if in the said para-
graphs (4), (5), (9), (10), (11), (12), (13), (14) and (15)
thereof, the words “twelve months were substituted 20
for the words “ six months” wherever those words occur.

(2) The said section one hundred and fifty-four shall have effect as though the following subsections were inserted therein, that is to say :

“(2) Any person guilty of a misdemeanour in 25 “ the cases mentioned respectively in paragraphs

(13), (14) and (15) of the last foregoing sub“ section shall be liable on conviction on indict“ ment to penal servitude for any term not

exceeding five years, or, on summary conviction 30 to imprisonment for a term not exceeding “ twelve months.

“(3) Where any person pawns, pledges or disposes of any property in circumstances which “ amount to a misdemeanour under paragraph (15) “ of subsection (1) of this section, every person

35 “ who takes in pawn or pledge or otherwise “ receives the property knowing it to be pawned, “ pledged or disposed of in such circumstances “ as aforesaid shall be guilty of a misdemeanour, “ and on conviction thereof liable to be punished 40 “ in the same way as if he had received the ** property knowing it to have been obtained in “ circumstances amounting to a misdemeanour."

66

« ZurückWeiter »