182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 22

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fifty per cent of his unsecured liabilities has arisen from circumstances for which he can. not justly be held responsible;

(b) that the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his bankruptcy, or, in the case of a firm carrying on business under a Chinese firm name, that a partnership book has not been kept, or that such books have not been available for the trustee during the bankruptcy proceedings, unless they have been accidentally lost or destroyed, the onus of proof of such accidental loss or destruction being on the bankrupt;

(c) that the bankrupt has continued to trade after

knowing himself to be insolvent;

(d) that the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof shall lie on him) of being able to pay it;

(e) that the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities;

(f) that the bankrupt has brought on, or con- tributed to, his bankruptcy by rash and hazardous speculations, or by unjustifiable extravagance in living, or by gambling, or by culpable neglect of his business affairs;

(g) that the bankrupt has put any of his credi- 16 & 17 Geo.

5, c. 7, tors to unnecessary expense by a frivolous or

s. 1 (2). vexatious defence to any action properly brought against him;

(h) that the bankrupt has, brought on or con- tributed to his bankruptcy by incurring un- justifiable expense by bringing a frivolous or vexatious action;

(1) that the bankrupt has, within three months preceding the date of the receiving order, when unable to pay his debts as they become due, given an undue preference to any of his creditors;

(j) that the bankrupt has, within three months preceding the date of the receiving order, in- curred liabilities with a view of making his assets equal to fifty per cent of his unsecured liabilities;

(k) that the bankrupt has, on any previous occasion, whether in this Colony or elsewhere, been adjudged bankrupt, or made a composi- tion or arrangement with his creditors;

(1) that the bankrupt has been guilty of any

fraud or fraudulent breach of trust.

(5) The court may, on proof to its satisfaction of Ord. No. 7 any of the facts mentioned in paragraphs (b), (c), (d), of 1891, (f), (g), (h), (i) or (1) of sub-section (4), summarily s. 27 (5). sentence the bankrupt to imprisonment for any term not exceeding one year.

(6) For the purposes of this section, a bankrupt's 4 & 5 Geo. 5, assets shall be deemed of a value equal to fifty per c. 59, cent of his unsecured liabilities when the court is s. 26 (5). satisfied that the property of the bankrupt has realised, or is likely to realise, or with due care in realisation might have realised, an amount equal to fifty per cent of his unsecured liabilities, and a report by the Official Receiver or the trustee shall be primá facie evidence of the amount of such liabilities