the-ordinances-of-the-legislative-counci-1890 — Page 620

584 ORDINANCE No. 5 OF 1864.


Bankruptcy and Insolvency.


As to acts of Bankruptcy.

Departing the 10. If any debtor shall, with intent to defeat or delay his creditors,
Colony.
depart from this Colony, or, being out of this Colony, shall , with such
intent , remain away from the Colony for more than twelve months after
Departing the passing of this Ordinance , or shall, with such intent, depart from his
from his
house. dwelling house or otherwise absent himself or begin to keep his house or
Beginning to
keep his suffer himself to be taken in execution for any debt not due . or yield
house.
Yielding himself to prison or procure himself to be arrested or taken in execution ,
himself to
prison. or his goods, money, or chattels to be attached or taken in execution, or
Fraudulent shall with such intent within this Colony or elsewhere , make any fraud
surrender of
his property. ulent conveyance, gift, delivery or transfer of his real or personal property
or any part thereof respectively, such debtor shall in any such case be
deemed to have committed an act of bankruptcy : Provided always that
before any adjudication shall be made against such debtor under this

section the following rules shall be observed :
Rules to be (1. ) A copy of the petition for adjudication shall be served personally
observed
before adjudi
cation under on the debtor, either within the jurisdiction , or in such place or country,
this section. or within such limits abroad as the Court shall upon application for that
purpose direct.

(2. ) Such copy ofpetition shall have endorsed thereon , a memorandum

in a form to be settled by General Order, specifying the time within which
the debtor is to appear on such petition : and such time shall , when the

service is to be made out of this Colony , be the time which the Court shall
think reasonable, having regard to the place or country where the service
is to be made.

( 3. ) In no case shall the time for appearance be less than fifteen days
after service.

( 4. ) If such personal service be not effected , the Court must be
satisfied that every reasonable effort was made to effect the same, and that
the attempts to serve such petition came to the knowledge of the debtor

and were defeated by his conduct.

Compounding 11. If any debtor, after the filing of any petition for adjudication
with petition
ing creditor. against him , shall pay money to the petitioning creditor or give or deliver
to such petitioning creditor any satisfaction or security for his debt
or for any part thereof, whereby such petitioning creditor may receive
more in the pound in respect of his debt than the other creditors , such
payment, gift, delivery, satisfaction or security shall be an act of bank