4 & 5 Geo. 5, c. 59, s. 26 (6).
4 & 5 Geo. 5, c. 59, $. 26 (7).
4 & 5 Geo. 5, c. 59, s. 26 (8).
4 & 5 Geo. 5, c. 59, s. 26 (9).
Fraudulent settlements. 4 & 5 Geo. 5, c. 59, s. 27.
Effect of
order of
discharge.
4 & 5 Geo. 5, c. 59,
s. 28 (1).
501
(7) For the purposes of this section, the report of the Official Receiver shall be primâ facie evidence of the statements therein contained.
(8) Notice of the appointment by the court of the day for hearing the application for discharge shall be published as the court may direct or as may be prescribed and shall be sent fourteen days at least before the day so appointed to each creditor who has proved, and the court may hear the Official Receiver and the trustee, and may also hear any creditor. At the hearing the court may put such questions to the debtor and receive such evidence as it may think fit.
(9) The powers of suspending and of attaching con- ditions to a bankrupt's discharge may be exercised concurrently.
(10) A discharged bankrupt shall, notwithstanding his discharge, give such assistance as the trustee may require in the realisation and distribution of such of his property as is vested in the trustee, and, if he fails to do so, he shall be guilty of a contempt of court; and the court may also, if it thinks fit, revoke his discharge, but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done subsequent to the discharge but before its revocation.
31. In either of the following cases, that is to say-
(a) in the case of a settlement made before and in consideration of marriage where the settlor is not at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement; or (b) in the case of any covenant or contract made in consideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest (not being money or pro- perty of or in right of his wife);
if the settlor is adjudged bankrupt or compounds cr arranges with his creditors, and it appears to the court that such settlement, covenant, or contract was made in order to defeat or delay creditors, or was unjustifiable having regard to the state of the settlor's affairs at the time when it was made, the court may refuse or suspend an order of discharge, or grant an order subject to conditions, or refuse to approve a composition or arrangement, as the case may be, in like manner as in cases where the debtor has been guilty of fraud.
32.-(1) An order of discharge shall not release the bankrupt
(a) from any debt on a recognisance nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any. person for any offence against a statute relat- ing to any branch of the public revenue, cr at the suit of any public officer on a bail bond entered into for the appearance of any perso prosecuted for any such offence, and he shall not be discharged from such excepted debts unless the Treasurer certify in writing his consent to his being discharged therefrom; or (b) from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.