1901_BANKRUPTCY_ORDINANCE__1891 — Page 16

D. 1891.]

· BANKRUPTCY.

[No. 7.

29

Schedule: Form

3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the Court, subject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become payable to the bankrupt or with respect to his after-acquired property : Provided that the Court shall refuse the discharge in all cases where the bankrupt has committed any misdemeanor under this Ordinance, and shall on proof of any of the facts hereinafter mentioned, either refuse the order, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any such conditions as aforesaid.

(4) The facts hereinbefore referred to are-

(a) that the bankrupt, with intent to conceal the true state of his affairs, 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;

(b) that the bankrupt has carried on trade by means of fictitious capital;

(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 brought on his bankruptcy by rash and hazardous speculations or unjustifiable extravagance in living;

(f) that the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him;

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

(h) that the bankrupt has on any previous occasion been adjudged bankrupt or made a statutory composition or arrangement with his creditors;

(i) that the bankrupt has been guilty of any fraud or fraudulent breach of trust;

(j) that the bankrupt has, since the commencement of the bankruptcy proceedings, misconducted himself in connexion with such proceedings; and