182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 31

4 & 5 Geo. 5, c. 59, s. 42 (2).

4 & 5 Geo. 5, c. 59, s. 42 (3).

4 & 5 Geo. 5, c. 59,

s. 42 (4).

Avoidance

of general assignments

of book debts unless registered.

4 & 5 Geo. 5, c. 59, s. 43 (1).

512

(2) Any covenant or contract made by any person (hereinafter called the settlor) in consideration of his or her marriage, either for the future payment of money for the benefit of the settlor's wife or husband or children, or for the future settlement on or for the settlor's wife or husband or children, of property, wherein the settlor had not at the date of the marriage any estate or interest, whether vested or contingent, in possession or remainder, and not being money or property in right of the settlor's wife or husband, shall if the settlor is adjudged bankrupt and the covenant or contract has not been executed at the date of the commencement of his bankruptcy, be void against the trustee in the bankruptcy, except so far as it enables the persons entitled under the covenant or contract to claim for dividend in the settlor's bankruptcy under or in respect of the covenant or contract, but any such claim to dividend shall be postponed until all claims of the other creditors for valuable consi- deration in money

or money's worth have been satisfied.

(3) Any payment of money (not being payment of premiums on a policy of life assurance), or any transfer of property made by the settlor in pursuance of such a covenant or contract as aforesaid, shall be void against the trustee in the settlor's bankruptcy, unless the persons to whom the payment or transfer was made prove either:--

(a) that the payment or transfer was made more than two years before the date of the com- mencement of the bankruptcy; or

(b) that at the date of the payment or transfer the settlor was able to pay all his debts with- out the aid of the money so paid or the pro- perty so transferred; or

(c) that the payment or transfer was made in pursuance of a covenant or contract to pay or transfer money or property expected to come to the settlor from or on the death of a particular person named in the covenant or contract and was made within three months after the money or property came into the possession or under the control of the settlor;

but, in the event of any such payment or transfer being declared void, the persons to whom it was made shall be entitled to claim for dividend under or in respect of the covenant or contract in like manner as if it had not been executed at the commencement of the bankruptcy.

(4) "Settlement" shall, for the purposes of this section, include any conveyance or transfer of pro- perty.

48.-(1) Where a person engaged in any trade or business makes an assignment to any other person of his existing or future book debts or any class thereof, and is subsequently adjudicated bankrupt, the assign- ment shall be void against the trustee as regards any book debts which have not been paid at the com- mencement of the bankruptcy, unless the assignment has been registered with the Registrar of the Supreme Court in a register to be kept by him for this purpose.

Provided that nothing in this section shall have effect so as to render void any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified con- tracts, or any assignment of book debts included in

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