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obtained, but the allowance of the certificate (§ 207), unless fraudulently obtained, and the refusal or suspension of it, except in case of appeal, to be final and conclusive.
§§ 208 to 210 relate to the management of bankrupts' estates in tail and copyholds under this Act.
§ 211 and the following clauses to 223 regulate the proceedings for arrangements under the control of the court. By S 211 any trader unable to meet his engagements to his creditors may petition the court, setting forth the true cause of such inability, and praying that his person and property may be protected from all process until further order, and the court may grant protection, renewable from time to time, taking bail for his appearance at the sittings of the court, unless he is already in prison, when the protection shall not affect his release nor affect the right of the creditor at whose suit he is imprisoned. The petition (§ 212) must be supported by affidavits, and the court (§ 213) is then to appoint a private sitting, an official assignee, and by the messenger to take possession of all his property. Ten days (214) before the time appointed for the private sitting the petitioning debtor must file a full account of his estate, and deliver a copy to the official assignee, with the proposal of the payment or compromise he is able to make. §§ 215 to 217 regulate the proof of debts and the assent to, or rejection of, the proposal, to which, if three-fifths in number and value above 10l. agree, they shall bind the rest. § 218 vests the estate in the official assignee, together with, if required by the creditors, another person, as a joint assignee. Every six months, or oftener if required by the court (§ 219), the assignee is to file an account, and if any difficulty arise in the execution of the agreement (§ 220) the court may hold a special sitting. When the agreement has been carried into effect (§ 221), the court may give the debtor a certificate, which shall operate as a certificate of conformity, except that debts contracted fraudulently, or by reason of any judgment for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious trespass, or maliciously suing out a fiat or a petition for adjudication in bankruptcy, shall not be barred by such certificate. The official assignee (§ 222) having duly performed his trust, the court is to give him a certificate thereof. If the petitioner (§ 223) do not attend the sittings, or if he do not file his account as directed, the petition is to be dismissed; and if the proposal be not assented to, or if any of the debts have been fraudulently contracted, or arise from any of the causes above recited, or his accounts be not truly stated, the petitioner is to be adjudged a bankrupt, and the proceedings removed into the public court.
§§ 224 to 228 relate to arrangements by deed, in which six-sevenths of the creditors in number and value above 10%. (§ 224), have power to bind the rest, but not (§ 225) to be obligatory on any creditor who has not signed until three months after notice of the proposed deed, unless the court shall otherwise order. The trustee under the deed (§ 226) to certify as to the proper number of creditors having signed, and the certificate to be filed, with (§ 227) an account, verified by the affidavit of the debtor, annexed, and any culpable negligence or fraud in the statement is to deprive him of the benefit of the provisions of the Act with respect to arrangements by deed, but not defeat the arrangement itself.
The bankrupt (§ 230) after having passed his last examination,
may call a meeting of his creditors, of which twenty-one days' notice must be given in the Gazette, and make an offer of composition, to which, if nine-tenths of the creditors in number and value accede, it shall bind the rest, and the bankruptcy, upon payment of such sum as the court shall direct, is to be superseded; no creditor however (§ 231) to be reckoned in number whose debt is below 207., but the amount is to be reckoned in value.
§§ 232 to 246 relate to the nature of the evidence to be taken; the most important clause is § 246, enabling the evidence of the bankrupt and his wife to be taken; § 247 prescribes who are to be admitted to act as solicitors in the court; and §§ 248 to 250 relate to the costs.
§§ 251 to 274 relate to offences against the law of bankruptcy, of which the most important are-not surrendering (§ 251), or not delivering up books, or not discovering all his estate, or removing, embezzling, or concealing property to the value of 101. or upwards, or books of account or writings with intent to defraud, for any of which the bankrupt is liable to transportation for life or any term not less than seven years, or to imprisonment with or without hard labour for any term not exceeding seven years. For destroying or falsifying books (§ 252) he is liable to imprisonment for any term not exceeding three years, with or without hard labour. For obtaining goods under false pretences (§ 253) within three months of his bankruptcy he is liable to imprisonment for any term not exceeding two years, with or without hard labour. For false evidence (§ 254) he is liable to the penalties for perjury: and for any of these offences (§ 255) the court may direct prosecution. If at the sitting for the last examination (§ 256) it appears that the bankrupt has been guilty of certain offences, further protection is to be refused, and if at the sitting for the allowance of the certificate it appear that he has been guilty of any such offences, the court may refuse or suspend the certificate, and refuse further protection. The offences are thus stated :
1st. If the bankrupt shall at any time after the issuing of the fiat or filing of the petition for adjudication of bankruptcy, or within two months next preceding the issuing of such fiat or the filing of such petition, with intent to conceal the state of his affairs, or to defeat the objects of the law of bankruptcy, have destroyed any book, paper, deed, writing, or other document relating to his trade, dealings, or
2nd. If the bankrupt shall, with the like intent, have kept or caused to be kept false books, or have made false entries in, or withheld entries from, or wilfully altered or falsified any book, paper, deed, writing, or other document relating to his trade, dealings, or estate.
3rd. If the bankrupt shall have contracted any of his debts by any manner of fraud, or by means of false pretences, or shall by any manner of fraud, or by means of false pretences, have obtained the forbearance of any of his debts by any of his creditors.
4th. If the bankrupt shall at any time within two months next preceding the issuing of the fiat or the filing of the petition for adjudication of bankruptcy, fraudulently, in contemplation of bankruptcy, and not under pressure from any of his creditors, with intent to diminish the sum to be divided among his creditors, or to give an undue preference to any of his creditors, have paid or satisfied any such creditor, wholly or in part, or have made away with, mortgaged, or charged any part of his property, of what kind soever.
5th. If the bankrupt shall at any time after the issuing of the fiat or the filing of the petition for adjudication of bankruptcy, and with
intent to diminish the sum to be divided among his creditors, or to give an undue preference to any of his creditors, have concealed from the court or his assignees any debt due to or from him, or have concealed or made away with any part of his property, of what kind
6th. If the bankrupt shall under his bankruptcy, or at any meeting of his creditors within three months next preceding the issuing of the fiat or the filing of the petition for adjudication of bankruptcy, have attempted to account for any of his property by fictitious losses or expenses.
7th. If the bankrupt shall, within six months next preceding the issuing of the fiat or the filing of the petition for adjudication of bankruptcy, have put any of his creditors to any unnecessary expense by any vexatious and frivolous defence or delay to any suit for the recovery of any debt or demand provable under his bankruptcy, or shall be indebted in costs incurred in any action or suit so vexatiously brought or defended.
8th. If the bankrupt shall, at any time after the issuing of the fiat or the filing of the petition for adjudication of bankruptcy, have wilfully prevented or withheld the production of any book, paper, deed, writing, or other document relating to his trade, dealings, or estate.
9th. If the bankrupt shall during his trading wilfully, and with intent to conceal the true state of his affairs, have omitted to keep proper books of account; or shall wilfully, and with intent to conceal the true state of his affairs, have kept his books imperfectly, carelessly, and negligently.
§ 275 directs the forfeiture and penalties received under this Act to be paid to "the chief registrar's account;" § 276 is the definition of terms; § 277 extends the Act to aliens and denizens; and § 278 provides that the Act may be amended during the session. There are 32 schedules to the Act.
[12 and 13 Victoriæ, c. 107.-August 1, 1849.]
An Act for the Amendment of the Law of Bankruptcy in Ireland. This Act is in most of its main features similar to the preceding.
NUISANCES REMOVAL AND DISEASES PREVENTION. [12 and 13 Victoriæ, c. 111.-August 1, 1849.]
An Act to amend the Nuisances Removal and Diseases Prevention Act, 1848.
§ 1 makes the Act part of the Nuisances Removal and Diseases Prevention Act, 1848.
§ 2 enables the General Board of Health to summon witnesses to testify on oath, and renders persons so summoned and refusing to appear, or to be sworn or examined, liable to a penalty.
3 enables the Secretary of the Board of Health to prosecute for violation or neglect of the regulations of the Board of Health.
§ 4 enables guardians and overseers to prosecute for the like, and to pay the costs out of the funds applicable to the relief of the poor.
§ 5 empowers justices, being ex-officio guardians, to act in petty session in proceedings by the board of guardians under the statute. § 6 empowers the guardians and other like officers to take proceedings for orders of justices to remove nuisances on certificate from any medical or relieving officer, or in Ireland from two constables, in like manner as on notice from two householders.
§ 7 enables the costs incurred in the removal of nuisances not recovered from owners or occupiers to be charged to the parish without the necessity of an order of justices, where they have issued an order for abatement of the nuisance or where the amount is under twenty shillings.
§ 8 enables the guardians of Unions to charge the expenses of removing or abating nuisances, under the regulations of the Board of Health, to the parish where the premises may be situated, at once, when they are under twenty shillings, and, where they exceed this sum, and the guardians of the parish object to be charged, under the order of two justices.
$9 empowers the General Board of Health, and Commissioners of Health in Ireland, in certain places, to inquire into the state of the burial-grounds, and if it appears to them that any such ground is in a state dangerous to health, to order measures to be taken to remove the danger; requires the churchwardens to do what they are ordered to do; and provides that all expenses shall come out of the poorrate: provides that no order shall be made after the next session of Parliament.
§ 10 provides that in any such case the churchwardens, with the consent of bishop and vestry, and approval of the Board of Health, may agree with a Cemetery Company, or with any other parish, for the burial of bodies in such cemetery or the churchyard of such other parish: provides that the costs shall be paid out of the poorrates, and that no agreement shall be made after the next session of Parliament.
§ 11 enables the Board of Health to cause certain inquiries to be made as to the state of the burial-ground in any parish so as to enable them to frame a scheme for the prohibition of burial, for the providing of other burial-grounds, and for the dealing with the various matters connected with this subject, and requires the inspector to report.
§ 12 requires the Board of Health to communicate such report to various parties, and empowers them to lay a scheme upon the subject before Parliament: provides that the consent of the bishop shall be obtained thereto.
§ 13 gives the short title to the Act; and § 14 is the usual clause as to amendment.
[The following List contains the Titles of the Public Acts of the Session, not included in the foregoing Abstracts.]
2. To continue, until September 1, 1849, an Act of the last session for empowering the lord-lieutenant or other chief governor or governors of Ireland to apprehend and detain such persons as he or they shall suspect of conspiring against Her Majesty's person and govern
3. To apply the sum of eight millions out of the Consolidated Fund to the service of the year 1849.
4. To amend the Laws relating to the appointment of vice-guardians of unions in Ireland.
5. To authorize an advance of money for the relief of certain distressed Poor Law Unions in Ireland.
6. To repeal an Act of the 21 George II. for holding the summer assizes at Buckingham; and to authorize the appointment of a more convenient place for holding the same.
8. To remove doubts as to the appointment of overseers in cities and boroughs.
9. To indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and to extend the time limited for those purposes respectively until March 25, 1850.
10. For punishing mutiny and desertion, and for the better payment of the army and their quarters.
12. For the regulation of Her Majesty's Royal Marine forces while on shore.
14 To enable overseers of the poor and surveyors of the highways to recover the costs of distraining for rates.
15. To amend the Act of 54 George III., for the recovery of small sums due for wages in Ireland.
16. To protect justices of the peace in Ireland from vexatious actions for acts done by them in the execution of their office.
17. To continue for five years so much of an Act of the second and third years of Her present Majesty, as enables justices to grant warrants for entering places in which spirits are sold without license in Ireland.
18. For the holding of petty sessions of the peace in boroughs, and for providing places for the holding of such petty sessions in counties and boroughs.
19. To make perpetual an Act of the tenth and eleventh years of Her present Majesty, for authorizing the removal of prisoners from the several gaols in Ireland in cases of epidemic diseases.
20. For raising the sum of 17,786,7001. by Exchequer Bills, for the service of the year 1849.
21. To confirm certain Acts of the Legislature of Newfoundland respecting the rebuilding of the town of Saint John's Newfoundland, and to enable the said Legislature to make other provisions respecting the rebuilding of the said town.
22. To remove doubts concerning the validity of certain grants of land in the colony of New South Wales.
23. To authorize further advances of money for the improvement of landed property, and the extension and promotion of drainage and other works of public utility, in Ireland.
25. For giving effect to the stipulations of a treaty between Her Majesty and the Queen of Portugal for the apprehension of certain deserters.
26. For granting relief against defects in leases made under powers of leasing, in certain cases.
27. To remove doubts concerning the transportation of offenders under judgment of death to whom mercy may be extended in Ireland. 28. To enable the Commissioners of Greenwich Hospital to regulate and manage the markets held at Greenwich in the county of Kent. 30. For the better preservation of sheep, and more speedy detection of receivers of stolen sheep, in Ireland.
31. For requiring the transmission of the annual abstracts and