584
Departing the Colony.
Departing from his house.
Beginning to keep his house, Yielding himself to
prison, Fraudulent surrender of his property.
Rules to be observed before adjudication under this section.
Compounding with petitioning creditor.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
As to acts of Bankruptcy.
10. If any debtor shall, with intent to defeat or delay his creditors, depart from this Colony, or, being out of this Colony, shall, with such intent, remain away from the Colony for more than twelve months after the passing of this Ordinance, or shall, with such intent, depart from his dwelling house or otherwise absent himself or begin to keep his house or suffer himself to be taken in execution for any debt not due, or yield himself to prison or procure himself to be arrested or taken in execution, or his goods, money, or chattels to be attached or taken in execution, or shall with such intent within this Colony or elsewhere, make any fraudulent conveyance, gift, delivery or transfer of his real or personal property or any part thereof respectively, such debtor shall in any such case be deemed to have committed an act of bankruptcy: Provided always that before any adjudication shall be made against such debtor under this section the following rules shall be observed:
(1.) A copy of the petition for adjudication shall be served personally on the debtor, either within the jurisdiction, or in such place or country, or within such limits abroad as the Court shall upon application for that purpose direct.
(2.) Such copy of petition shall have endorsed thereon, a memorandum in a form to be settled by General Order, specifying the time within which the debtor is to appear on such petition: and such time shall, when the service is to be made out of this Colony, be the time which the Court shall think reasonable, having regard to the place or country where the service is to be made.
(3.) In no case shall the time for appearance be less than fifteen days after service.
(4.) If such personal service be not effected, the Court must be satisfied that every reasonable effort was made to effect the same, and that the attempts to serve such petition came to the knowledge of the debtor, and were defeated by his conduct.
11. If any debtor, after the filing of any petition for adjudication against him, shall pay money to the petitioning creditor or give or deliver to such petitioning creditor any satisfaction or security for his debt or for any part thereof, whereby such petitioning creditor may receive more in the pound in respect of his debt than the other creditors, such payment, gift, delivery, satisfaction or security shall be an act of bank-
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