of 4 & 5 6. For the removal of doubts it is hereby declared A.D. 1926. that if any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been Explanation made, has with intent to defraud his creditors or any of Geo. 5. c. 59. 5 them caused or connived at the levying of any execution s. 156. against his property he shall for the purposes of paragraph (b) of section one hundred and fifty-six of the principal Act be deemed to have made a transfer of or charge on his property, and shall accordingly be guilty of 10 a misdemeanour. 7. As from the expiration of a period of two years Amendafter the commencement of this Act, section one hundred ments of and fifty-eight of the principal Act (which relates to the 4 & 5 Geo. 5. failure of bankrupts to keep proper accounts) shall have c. 59. 8. 158. 15 effect as if (a) there were substituted for subsection (1) thereof 66 66 66 66 66 66 "(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 during any period in the two years immediately preceding the date of the presentation "of the bankruptcy petition, he has not "kept proper books of account throughout that period and throughout any further period in which he was so engaged between the date of the presentation of the petition "and the date of the receiving order, or "has not preserved all books of account so "kept: 66 previous occasion been adjudged bank"rupt or made a composition or arrange A.D. 1926. Amendment of 4 & 5 s. 161. (b) there were substituted for subsection (3) thereof the following subsection, that is to say : 66 66 66 "(3) For the purposes of this section, a 10 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, 15 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, statements of annual stocktakings, 20 "and (except in the case of goods sold by way of retail trade to the actual consumer) accounts of all goods sold and purchased showing the buyers and sellers thereof "in sufficient detail to enable the goods 25 "and the buyers and sellers thereof to be "identified." 66 66 66 8. It shall not in any case be obligatory on the court to make an order under section one hundred and Geo. 5. c. 59. sixty-one of the principal Act (which requires the court 30 in the circumstances therein mentioned to order the prosecution of a debtor), unless it appears to the court that the circumstances are such as to render a prosecution desirable; and accordingly the said section shall have effect as if there were therein inserted after the word 35 "convicted" the words " and that the circumstances are "such as to render a prosecution desirable," and the proviso to the said section is hereby repealed. Repeal of 4 & 5 Geo. 5. c. 59. s. 163. 9. Section one hundred hundred and sixty-three of the principal Act (which empowers a court to commit for 40 trial any person whom the court has ground to believe to have committed a statutory misdemeanour in cases of bankruptcy) is hereby repealed. Amend 10. Section one hundred and sixty-four of the A.D. 1926. principal Act (which in subsection (1) thereof provides, among other things, that a person guilty of an offence ment of declared to be a felony or misdemeanour under that Act in 4 & 5 Geo. 5. 5 respect of which no special penalty is imposed by that Act c. 59. s. 164. shall be liable on summary conviction to imprisonment for a term not exceeding six months) shall have effect as if in the said subsection (1) thereof the words "twelve months were substituted for the words "six months." 10 15 20 11. Rule 5 of the Second Schedule to the principal Amendment Act (which requires the affidavit proving a debt to state of 4 & 5 whether or not the creditor is a secured creditor) shall Geo. 5. c. 59. 25 have effect as if there were inserted at the end thereof "and if it is found at any time that the affidavit Sched. 2. 12. (1) This Act may be cited as the Bankruptcy Short title, (Amendment) Act, 1926, and this Act and the principal citation and may be cited together as the Bankruptcy Acts, 1914 construc Act 30 and 1926. (2) Except where the context otherwise requires, references in this Act to the principal Act shall be construed as references to that Act as amended by this Act, and this Act shall be construed as one with the 35 principal Act. tion. An Act to amend the Bankruptcy Act, 1914. Brought from the Lords 5 March 1926. Ordered, by The House of Commons, to be Printed, 8 March 1926. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: 1, St. Andrew's Crescent, Cardiff; or 120, George Street, Edinburgh; or through any Bookseller. Α BILL ΤΟ Prohibit the making with bookmakers of bets on A.D. 1926, events to be determined in Great Britain unless the bets are made in Great Britain. BE E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows: on British events with bookmakers 1.-(1) With a view to preventing the evasion of Prohibition the betting duty, it is hereby enacted that it shall not of betting be lawful for any person in Great Britain to make or offer to make with a bookmaker a bet on an event to 10 be determined in Great Britain unless the bet is made outside or to be made in Great Britain, and for the purpose of Great this Act a bet shall be deemed not to be made in Great Britain. Britain if, in the case of a bookmaker who carries on business both within and without Great Britain, it is 15 made with a branch of the business outside Great Britain. 20 (2) If any person acts in contravention of this Act he shall be liable, in respect of each offence, to an excise penalty of one hundred pounds. 2. This Act may be cited as the Betting Overseas Short title. (Prohibition) Act, 1926. |