82
CAP. 6]
Bankruptcy
[1986 Ed.
1926 c. 7, s. 6.
Bankrupt guilty of gambling, etc.
1914 c. 59, s. 157.
Bankrupt failing to keep proper accounts.
1914 c. 59, s. 158.
1926 c. 7, s. 7.
(c) if with intent to defraud his creditors he had concealed or removed any part of his property since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against him; or
(d) if with intent to defraud his creditors or any of them he has caused or connived at the levying of any execution against his property.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40 and 20 of 1948, s. 4)
133. (1) Any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, shall be guilty of a misdemeanor if, having been engaged in any trade or business and having outstanding at the date of the receiving order any debts contracted in the course and for the purposes of such trade or business------
(a) he has within 2 years prior to the presentation of the bankruptcy petition materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations and such gambling or speculations are unconnected with his trade or business; or
(b) he has between the date of the presentation of the petition and the date of the receiving order lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid; or
(c) on being required by the Official Receiver at any time, or in the course of his public examination by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition or between that date and the date of the receiving order, he fails to give a satisfactory explanation of the manner in which such loss was incurred:
Provided that, in determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration.
(2) A prosecution shall not be instituted against any person under this section except by order of the court. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
134. (1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall be guilty of a misdemeanor if, having been engaged in any trade or business during any period in the 2 years immediately preceding the date of the presentation of the bankruptcy petition, he has not kept proper books of account throughout that period and throughout any further period in which he was so engaged between the date of the presentation of the petition and the date of the receiving order, or has not preserved all books of account so kept:
Page 75
Page 76
82
CAP. 6]
Bankruptcy
[1986 Ed.
1926 c. 7, s. 6.
Bankrupt guilty of gambling, etc.
1914 c. 59, s. 157.
Bankrupt failing to keep proper accounts.
1914 c. 59, s. 158.
1926 c. 7, s. 7.
(c) if with intent to defraud his creditors he had concealed or removed any part of his property since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against him; or
(d) if with intent to defraud his creditors or any of them he has caused or connived at the levying of any execution against his property.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40 and 20 of 1948, s. 4)
133. (1) Any person who has been adjudged bankrupt, or in respect of whose estate a receiving order has been made, shall be guilty of a misdemeanor if, having been engaged in any trade or business and having outstanding at the date of the receiving order any debts contracted in the course and for the purposes of such trade or business------
(a) he has within 2 years prior to the presentation of the
bankruptcy petition materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations and such gambling or speculations are unconnected with his trade or business; or
(b) he has between the date of the presentation of the petition and the date of the receiving order lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid; or
(c) on being required by the Official Receiver at any time, or in the course of his public examination by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition or between that date and the date of the receiving order, he fails to give a satisfactory explanation of the manner in which such loss was incurred:
Provided that, in determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration.
(2) A prosecution shall not be instituted against any person under this section except by order of the court. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
134. (1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall be guilty of a misdemeanor if, having been engaged in any trade or business during any period in the 2 years immediately preceding the date of the presentation of the bankruptcy petition, he has not kept proper books of account throughout that period and throughout any further period in which he was so engaged between the date of the presentation of the petition and the date of the receiving order, or has not preserved all books of account so kept:
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