182783-1931-Supplementary-Draft-Bill--Bankruptcy — Page 57

16 & 17 Geo. 5, c. 7, 6. 5 (2).

Certain offences by persons other than the debtor.

16 & 17 Geo. 5, c. 7,

s. 5 (2).

Undis

charged bankrupt obtaining credit. 4 & 5 Geo. 5, c. 59, s. 155.

420

being called upon to do so by the trustee, or cannot be found within a reasonable time.

(3) In any prosecution under paragraph (9) of sub- section (1) of this section the absence of any such book or document as is referred to in the said para- graph shall be prima facie evidence that such book or document was removed by the debtor contrary to the provisions of the said paragraph, or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal.

(4) In any prosecution under paragraph (9) of sub- section (1) of this section the mutilation or falsifica- tion of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph, or that he was privy to its mutila- tion or Falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification.

(5) Every person guilty of a misdemeanour in the cases mentioned respectively in paragraphs (18), (14) and (15) of sub-section (1) of this section shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years, or upon sum- mary conviction to imprisonment for any term not exceeding one year.

(6) For the purposes of this section, the term "trusted" includes the Official Receiver, whether act- ing as Official Receiver or as a trustee.

132.—(1) If any manager, accountant, or book- keeper, in the employment of the debtor does any act which if committed by the debtor would be a contravention of any of the provisions of paragraph (9) or paragraph (10) of sub-section (1) of section 131 of this Ordinance, or is privy to any such act whether committed by the debtor or by any other person, such manager, accountant, or book-keeper, shall be deemed to be guilty of a misdemeanour,

(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to a misdemeanour under paragraph (15) of sub-section (1) of this section, every person who takes in pawn or pledge or otherwise receives the property knowing it to be pawned, pledged or disposed of in such circum. stances as aforesaid, shall be guilty of a misdemeanour and shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years, or upon summary conviction to imprisonment for any term not exceeding one year.

133. Any undischarged bankrupt shall in each of the cases following be guilty of a misdemeanour :

(a) if either alone or jointly with any other person he obtains credit to the extent of one hundred dollars or upwards from any person without first informing that person that he is an un- discharged bankrupt; or

(b) if he engages in any trade or business under a name or names other than that or those under which he was adjudicated bankrupt, and in the course of such trade or business obtains credit from any person without first disclosing to such person the name or names under which he was adjudicated bankrupt; or