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137.-(1) If any person who is adjudged bankrupt, Bankrupt or in respect of whose estate a receiving order has absconding
with pro- been made, after the presentation of a bankruptcy petition by or against him, or within six months before perty.
4 & 5 Geo. 5, such presentation, quits the Colony and takes with c. 59, s. 159. him, or attempts or makes preparation to quit the Colony and take with him, any part of his property to the amount of one hundred dollars or upwards, which ought by law to be divided amongst his creditors, be shall (unless he proves that he had no intent to defraud) be guilty of a misdemeanour.
himself to
138. If any person against whom a receiving order Debtor is made conceals himself or absents himself from his concealing usual or last known place of abode or business or quits avoid the Colony, with intent to avoid service of any process service, etc. in bankruptcy, or to avoid examination in respect of Ordinance his affairs, or otherwise to defeat, embarass, or delay No. 7 of any proceedings against him in bankruptcy, he shall 1891,
(s. 82 (4). be guilty of a misdemeanour. A person who, after the presentation of a bankruptcy petition by or against him, or within three months next before such presentation, conceals or absents himself as aforesaid or quits the Colony shall until the contrary is proved be deemed to have concealed or absented himself or quitted the Colony with such intent as is mentioned in this section.
139. If any creditor, or any person claiming to be False claim, a creditor, in any bankruptcy proceedings, wilfully &c. and with intent to defraud makes any false claim, or 4 & 5 Geo. 5, any proof, declaration or statement of account, which c. 59, s. 160. is untrue in any material particular, he shall be guilty of a misdemeanour.
trustee.
140. Where the Official Receiver or a trustee in & Order by bankruptcy reports to the court that in his opinion a court for debtor who has been adjudged bankrupt or in respect prosecution of whose estate a receiving order has been made has on report of been guilty of any offence under this Ordinance or 4 & 5 Geo. 5, any enactment repealed by this Ordinance, or where c. 59, s. 161. the court is satisfied upon the representation of any 16 & 17 Geo.. creditor or member of the committee of inspection 5, c. 7, s. 8. that there is ground to believe that the debtor has been guilty of any such offence, the court shall, if it appears to the court that there is a reasonable probability that the debtor will be convicted and that the circumstances are such as to render a prosecution desirable, order that the debtor be prosecuted for such offence, but no such order shall be a condition antecedent to any prosecution under this Ordinance.
141. Where a debtor has been guilty of any Criminal criminal offence, he shall not be exempt from being liability after proceeded against therefor by reason that he has discharge or composition. obtained his discharge or that a composition or scheme 4 & 5 Geo. 5, of arrangement has been accepted or approved. c. 59, s. 162.
of offences.
142.-(1) A person guilty of an offence declared Trial and to be a misdemeanour under this Ordinance in respect punishment of which no special penalty is imposed by this Ord- 4 & 5 Geo. 5, inance, shall be liable, on conviction on indictment, c. 59, to imprisonment for any term not exceeding twos. 164 (1). years, or, on summary conviction, to imprisonment 16 & 17 Geo. 5, c. 7, s. 10. for any term not exceeding six months.
(2) Summary proceedings in respect of any such 4 & 5 Geo. 5, offence shall not be instituted after one year from the c. 59, first discovery thereof either by the Official Receiver s. 164 (2). or by the trustee in the bankruptcy, or, in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after three years from the commission of the offence.
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