182516-1931-Supplementary-Bills-read-a-first-time--Deportation-Amendment — Page 8

16 & 17 Geo. 5, c. 7, s. 6,

291

(b) if with intent to defraud his credi- tors or any of them, he has made or caused to be made any gift or transfer of, or charge on, his pro- perty; or

(c) if with intent to defraud his credi- tors, he has concealed or removed any part of his property since, or within two months before, the date of any unsatisfied judgment or order for payment of money ob- tained against him; or

(d) if with intent to defraud his creditors or any of them, he has caused or connived at the levying of any execution against his pro- perty.

3. Paragraphs (a) (b) and (c) in section 82 (5) of Repeal of the Bankruptcy Ordinance, 1891, are repealed.

paragraphs ()(b) and (c) in s. 82 (5) of Ord- inance No. 7 of 1891.

Objects and Reasons.

Section 82 (5) (a), (b) and (c) of the Bankruptcy Ordinance, 1891, Ordinance No. 7 of 1891, create three offences, which were adopted from the Debtors Act, 1869, 32 and 33 Viet. c. 62, s. 13. Though these provisions appear in the Bankruptcy Ordinance, the offences, unlike many other offences referred to in the Bankruptcy Ordinance, can be committed by persons who have neither been adjudicated bankrupt nor had a receiving order made against them. A new Bankruptcy Ordinance, based on the English Bank- ruptcy Acts of 1914 and 1926, is in course of pre- paration, and the offences referred to in that Õrd- inance will be confined to persons against whom bankruptcy proceedings are taken. It is therefore necessary to provide elsewhere for the continuance of the general provisions of section 82 (5) (a), (b) and (c) of the present Bankruptcy Ordinance. This is doué accordingly by the repeal of the misplaced paragraphs and by the insertion of a new section in the Larceny Ordinance, 1865. Paragraph (d) in the new section is derived from section of the Bank- ruptcy (Amendment) Act, 1926; but is not limited, as that section is, to the case of persons who have been adjudged bankrupt or in respect of whose estates receiving orders have been made.

February, 1931.

C. G. ALABASTER,

Attorney General.