Docstoc

A12 Act to mnelzd m d consolidat

Document Sample
A12 Act to mnelzd m d consolidat Powered By Docstoc
					   1
  A2 Act to mnelzd m d consolidate the Lnws relating to InsoZvc?zt
                                 Debtors.
                                 [Assented to, 27th January, 1858.1
       FIERE AS it is expedient to aineud and consolidate the Lnws
          relating to insolvent delrtors, and to create a Court of In-
solvency fur the better administration of the estates of insolvent
debtors and the punishrrient of offenders against the law of insol-
vency in certain cases-Be it therefore Enacted, by the Governor-in-
Chicf of the Province of South Australia, with the advice and con-
sent of the IJegislative Cooncil and House of Asscmbly of the said
                    present Parliament assembled, as follows-
l'rovince, in t h ~ s
                                                                                , &
                                                                               7 ? &
                                                                                @         c   CL   -
                                 --
  1. That, from and after the comnld('
                                     cexncnt_of this Act, an Act                  Q~~
                                                                           p,,,,;;;,
nmdc and passed by the Governor and Legislative Council of the said ~,,,,l ,f ,v,. l,
Province, on the twenty-second day of June, one tllousand eight 5th Victoria.
hundred and forty-one, intituled " An Act for giving: relief to I~llpri-
soncdTnsolvent Debtors, and to make provision for the adi~iinistration
of the Estates of Tnsolvent Debtors in South Australia," and an Or-
dinance passed on the twenty-eighth day of February, one thousand
eight lnmtlred and forty-four, being No. 5 of that year, and im Ordi- NO. 5 1841.
nmce passed on the eighteenth day of July, one thousand eight hun-             l1 lg45-
drcd and forty-five, being KO. 11 of that year, shall be r                 Exception.
except so far as may be necessary fbr the purpose of
proceedings taken or to be taken under and after the comnlencernent
of this Act upon any act of insolvency, petitioning creditor's debt, fiat,
or other proceeding in insolvency before the commencement of this
Act, and except as to the recovery and application of any penalty, or
for the punis2mcnt of any offence which shall have been committed
before the coumencenient of this Act; aud d s o so much of an
             z                                                       Act
                  Y.
P R F X X N ~ N ~ Act passed on the twelfth            day of March, one thousand eight h u n -
                         dred and fifty, being No. 5 of that year, as enacts that uo pro-
                         tectlon, drcier, or certificate granted by ally Court of Bnliliruptcy
                         or Insolvency shall be nvailable to discharge any dekndant fiwi~i
                         any commitment under the powers of that Act, shall be rcpenlcd so
                         far as regards a protection granted or certificate :~wtrclccl   urllter
Exception.               this Act : And provided also, that every persor~a d j ~ ~ d g e d -
                                                                                         insof
                         vent before the commencement of' this Act may ripply fbr and
                         obtain a certificate of conformity in tLu manner prescribed by the
                          said recited Acts or some or one of them, as tk~ot~gh Act hacl
                                                                                  this
                          not been passed.
Short title of ~ c t .      2. That, in citing this Act in otllcr Acts of' p;lrli:immt, or in ally
                          instrument, document, or procecdinq, it s l d l be su';licicat to usc
                          the expression The Insolvent Act, 1857-8."
Act tocrlmmrncefrom            3. That this Act (unless where o t h ~ r n i s especially pro\jdcd)
1st Nnrch, 1558.
                -           shall comnlcnce and taFeFefrct f'roin and after-tlic firsfI:(y- of
 Fiat abolished.                                                        -sfi-$i.
                            M a h , one tlrousand ciglrt 11l;ndvc;l and fift .-arht tlnd that, tj.011 l
                            and after the commencen~entof this Act. no at In ~nsolvcucy d l      d
                            be issued, but all proceedings in insolveucy s l d l be 1 y virtee;f t l k
                            Act, and all proceedings in insolvency ailcl fiats in insolvericy tk -
                            pending a t the commencement of this Act s l d 1 he proceeded in a n d
                            brought to a conclusion under the provisions of this Act, except
                            the application for and obtaining R certificate of conlbrnlity by
                            persorls adjudged insolvent before the comnwnc~meut this Act:of'
                            Provided, that every act of insolvency, petitiouing creditor's debt,
                            or other mattcrs or things cornn~itteclor incuncd before the cow-
                            mencement of this Act, aid which v o d d have anthorized proceuliilg,rrs
                                                                               of'
                            in insolvency, shall, after the coi~imeneent~l~ttlris Act, be m f l i -
                             cient to authorize proceedings in iilsolvenc~.ulrder this Act, an(\
                             nothing in this Act contained shall rc.ndcr invtilid m y proceedir~gs
                             in insolvency or m y fiat in insolvencg depending a t the commence-
                             ment of this Act, or any proceedings whicli mi-iy have been instituted
                             or taken under or by virtue of such insolvency, or fiat, or lessen or
                             affect any right, title, claim, dcmild, or remedy which any person
                             now has or hereafter may h a w upon or against any insolvent against*
                             whom any fiat has or Shall have becn issued, except as in this Act
                             is specially provided: Provided always, that nothing in this Act
                             contained shall affect the provisiox~sof an Act passed on the tl~ir-
        stoCckCompa-
  nies winding tip Act,      teenth day of November, one thousand eight hundred and fifty-four,
  KO. 5 of 1854,not to       intituled     An Act to facilitate the dissolution and provide for
  bc affected.
                             winding up the afEairs of Joint Stock Conlpanics," and being No. 5
                             of that year, or of any Act amending such Act, except so fixr as
                             regards the abolition of the fiat in insolvency and the substitution
                              of a petition for adjudication of insolvencj:.
  In construing former
  Act#, kr,,th refe-           4 Where, in any Act or Ordinance of the said Province, or in any
 rence to petition for       Act having the force of'law in the said Province, or in any instrument,
 adjudication under
 this A C ~fiat to ho
            ,                document, or other proceeding passed, executed, or made before
 deemed to         issued
 at the timo of filing
                             the commencement of this Act, mention shall have been or shall be
 petition.                                                                                     made
made of m y fist in insolveacy, such Act, Ordinance, itlstrnment, P ~ m ~ m x a x n .
                                   s
tloc~xiuent,or other. proceedi~g, l d be construed, with reference to
thc proc:c.rtlings under w petition for n~ljudicationof'insolvency, as it'
such fiat I d bee11 acually issued at the time of filing such petition.
    5. That t,liis Act shnll be divided into Ten Divisions-                nivision of A C into
                                                                           ten divisions.
                                                                                            ~

Tllc First Division, 1 clating to the Court of lusolveucy, its Functioils
       a i d Officers :                                                 /Pc
The Second Division, tu acts of Iilsolvencv :
The Third IXvisioo, to Proredrrrc to obt:;in Adjudication of Insol
       vency, and the consequences of adjjntiicntion ; and the choicc of B/.
       Assignees, their rights and duties :
The Fourth Division, to the Insolvent's last esntliination and
       ~ert~ifificnt
                   :                                                      /'o P
The Fifth Division, to Proof of Debts ancl Payment ill full, Audit,
       Dividend, Uncbiined Dividends, and to A1low:~acesto Tnsol- /d.
       vt~n :
            ts                                                       %he
The Sistli I)ivisio,t, to arrmgemcnts between Ikhtors a ~ l d   Crcdi tom
       without Illsolvency and (:oniposition after Ins01vcncy :           //C
The Seventh Division, to l<ri(lence:                                      /24.
'I' he 1i:ighth Division, t,o I'r.nctit,ioners and Costs :                ~2 5
'The Sinth Divisioll, to OiYcncaes against the L a w relating to lnsol-
                                                                          /2
       vency :
Tile Tenth Division, Tnterprct:ltio~iClause and General Matters. AJs-

   That with respect to tlw Court of Insolvency, be it Enacted-                   D r v r s r o ~I.   +-----
                                                                                Of the C'owt r$ In-
                                                                                s u l w n ry.
   6. That it shdl he l w f l d for tile Governor, by Proclamation c ~ ~ C
                                           Gazette, to erect tmd est:bblisl.i a ~nso~vt~ncay, ap-
in the Sorrth Austmlitvn G o ~ e ~ w n z e n t                                            imd
Court of Judicature, to he called the court of Insolvency, and there ~ ~ ~ ! ~ ~ ~         "m--
shall be a Connnissioner of such Court, who s l d be styled the
Coinmissioner of I~lsolveucy,    and preside in the said Court.

   7. That no Commissioner or othcr n~inisterialofficer, to be ap- Co~nmissionerorothcr
pointed by virtue of this Act, shall, during their respective con-,,,Oflicvr nnt t o practise
                                                                       ~
                                                                      ,c, , , , , , , ,
tiriusnce in such office, practise as a barrister, nttorucy, solicitor, or
proctor.

   8. That the Court of lnsolveilcy shall be and constitute a Court The Court of Tnqnl-
 of Inw and equity for the purposes of this Act, and have a seal vcncy to bc.a Court of
                                                                          Record,
                                                                                  hr

 wherewith are to'be sealed a11 records, documents, and proceedings,
 and all copies thereof which nmy require sealing; and that all
 records and proceedings of cvery kind which, at the conmencement
 of this Act, are filed in or are in the custody of the insolvency
 department of the Supreme Court, shall be transferred to the said
 Court of I n s ~ l v e m : ~ , shall be kept as, and constitute part of,
                             and
 the records of the said Court ; and the said Court sliall liave and
 use a11 the powers, rights, incidents, and privileges of a Court of
 Record, and other rights, incidents, and privileges as fully, to all *
 intents and purposes, as the same arc used and enjoyed by the 8aid
 Supreme Court, and shall and may order any insolvent in prison or
                                                                       in
   D I ~ I O IN
              .                                                                            o
                          in custody under any process, attachnlent, execution, comn~itment, r
Of       COurt?fOfh-      sentence, or m y prisoner in any of Her Majesty's gaols, or srrvi~lg
solvency.
--                    -   any sentence, and who shall be a necessary and nlaterial witness in
                          any matter pending in the said Court, to be brought before thc said
                          Court or sonle officer thereof, as often as may bc requisite; and
                          that the said Court shall have the power of fini~igin n summary
                          way, or.of suspending or removing any of the officers of the said
                          Court (except the Official Assignee), who s1i:dl be guilty of any
                          negligence, wilfd or unnecessary delay, or other misconduct what-
                          soever.
The Court t o make
rules subject to the         9. That the Court shall, from time to timc, make such rules and
approtd of the
Supreme Court.
                          orders as it may think fit, for the better carrying this Act into
                          execution, and as regards the duties to be performed by the
                          Official Assignee, messenser, and other officcrs of the Court,
                          and generally for re,nulatmq the practice of the Court, 2nd the
                          fbrms of proceedings and not~ces,  and the days on which advertise-
                          ments are to appear, where not provided f i x in this Act: Provided
                          dways, that 110 such rules or orders shall be of any force or effect
                          until they shall have been approved by the ,Judges of the Suprelile
                          Court.
Place of silting of          10. That all proceedings and matters to be heard by thc said
Court, and power of
Commissioner sitting      Court of Insolvency shall be heard and determined bv tlie s:Jd
o u t of Court.
                          Court at the Local Court House, in Victoria-sqnare, in ~helnide,        or
                          at such other place as His Excellency the Governor-in-Cliief'shallap-
                          point; and it shall be lawful for the Coriimissioner of tllc said Court to
                          hear and deterrni~ieout of Court, upon summons to the proper par-
                          ties, all matters and things relating to any insolvent or the estiate
                          of any insolvent, or tbe assignee or assisuees tl~creof;except tlrc
                                    rehearing, or any public exminat~on such iosolvmt, tmd
                                                                           of
                          the awarding the certificate of the Court.
Sitting of Court.            11. That the offices of the Court shall be open for the dispatch of
                          business daily tl~roughout year, Sundays, Clwistnms Day, Good
                                                      the
                          Friday, Monday and Tuesday in Easter week, and days appointed
                          for Public Fast or Thanksgiving, or days which may be duly
                          vazettcd as public holidays excepted; and the Court shall sit for the
                          a*
                          dispatch of business at such times as shall be fixed by the rules of
                          the Court for the time being: Provicled that in the abscilce from
                          illness, leave of absence, or other reasomblc cause, of the Commis-
                          sioner of the said Court, some person to be nominated by the said
                          Commissioner by some writing under his hand, and sealed with the
                          seal of the said Court, such nomination being approved of by the
                          Governor, shall so attend, and shall have and exercise all the powers
                          vested in the said Court, or the Comn~issioner     thereof.
Jwkaiction       cOu**        12. That the Court of Insolvency shall lmve superintendence and



                      I    control in all matters-ansolvencB+-;tlld shall hear, determine,-and
                          e
                          -r
                                          .-

                                         in any matter *f-insolvency whatever, so far as the
                           assignees arc concerned, relating to the disposition of the insol-
                                                                                        vent's
vent's estate and effects, or of any estate or effects taken under the
insolvency slid cldmed by the assignees for thc benefit of the
creditors, or relating to alYy acts done or sought to bc done by the
nssiqnecs in their character of xssignees, by virtue or under color
of the insolvency; atid also in any ilmtter of insolvency whatever,
as hetwceu t
.
                                     -- --
                    h e e and any creditor or other person appear-
mg ant-tti11g to t i l e iurisdiction of'thc C ~ w t n of.grautlng    d
                                                                               -7
                                                                                      -3  <l2-

                                                                                                         4
                                                                                                         .   d-
the certificate of the Court; and of punishing any insolvent, as herein
provicletl; m d in any other matter, wl~ethcrinsolvency or not,
wlicre the Court, by vro       i-f      this Act, has jurisdiction o L-
                                                                    - --




s x j e c t of the petit~onor application, save a d except as may be by
th% Act specially psovided, and sui5 ect lu all csscs to au a
                                       r"
the Suprcme Court: Provided a ways, that if no suc
be euteiwl witllitl tcve~~ty-onc froni the date of any decision or
                                      days
                                                                                      A~pcalto
                                                                                      Court.
                                                                                              supreme


order of the Court and be tllcreafter duly proscc~~terl,             every such
decision ~11,211 filial; and that every appcd s h d l be subject to
                    hc                         --                                     General   RUICS.

 sucl~  regi11:ltion ill re;.:vil to deposit for costs as s l d l by any gen8r;tl     '
 rulc or o r d e r i b e made in pul.s~utnccof this Act he clirccted, ancl
                                                                                      !
until s ~ c h
  -- rule or order be iiiade subject to the direction of the
 ~ujireme-Court each pnrticul:er case.
               --p
                     in
                           -                                   --U



                                                                           -  ,




   14. Tltnt the Snprc~no       Conrt rimy, if it s h I 1 think fit, direct any ~     ~      ~   ~                ~   ~   ~   ~   ~
qu~~stiun fact ill irrsolvency, arising or b l ~ m ( h before it, to be tobcdcc~cledbynjur~.
          of
                                                        ?
                                                              t
dceidcd b g i a Judgc thereof, in manner and form provided by t t ~
                                 re
Supreme C o u ~ I ' l * o c d ~ ~hr~~cndinent with reference to trials
                  t                            Act,
011 questions of fmt without furuivl plendirqa ; and tbcreupo~l it
shid be Iawiid for swI1 Court to direct n wrrt of sunirnons to bc
issued out by such person or persons as such Court shall tllinlr S1l'n'noartobciuuea
oo,qht to be p'laintitf or plaintiffs, against such person or parsons as
such Cowt shall tllinli ought to be defendant or defendmts therein:
Providccl t h t , in case the persons so named plaintifis and defen- spttlp ~tatcmento fCourt to
                                                                                S~lpreina
clmts respectively s l d l not bc agreed as to the questions of fact, fnctsii.purtica disprtte.
the same slmll bc settled hy the haid Supreme Court : Provided                            "pon
also, that the said Supreme Court shall have full power to order
the costs of snch issue to be paid by either party, or part thereof
by one pnrty aucl part thereof by another party ; or of directing
that the whole, or some part thereof, shall be paid out of the estate
of the insolvent, iu the imtter of which the cluestion has been
raised.

  15. That every warrant issued by the Court shall bc under thc seal                  Scnling and signature
                                                                                      of warrants.
6f tbe Court, and tlle hand of the Commissioner ;and every summons
shall be in writing, under the lmnd of the Commissioner or, in his
absence, under the seal of the Court, and under the hand of the
Official Assignee.
                 A   z                                                     16. That
  DIVISION
         I.                16. That there shall be an Official Assignee in Insolvency; and it
()$the O$icial         shall be lawful for the Governor to remove every Official Assignee,
 Assignee.
   .-         ---and f o m time to time, as a vacancy shall occur in the said

AppOintmcntof
Official Assignee.
                                                                           l
                        office, to appoint every subscquerlt ~ f f i c i a Assignee, of which
                        notice shall be given in the South Australian Governnzcnt Gnxette,
mOtOappYintfut'Ko and which notice shall be conclusive evidence that such vacancy
Official Assignees.
                        has occurred, and such new appointment made; and tlie Official
                        Assignee in addition to his duties s l d l also act as Accountant
                      . in Insolvency, a'nd as such shall have the superintendence,
Official Assignee to   .control, and nianagement of the funds belonging to iasolvents'
act as Accountant to
the Court.           i estates,' and of all f d s which shall come into tLe court mrdm m y
                     i matter to be prosecuted therein undel* or by virtue of this Act;

                        and shall give such security, and be subject to SU& ndw, and act in
To give security.       such rnanner as may, by the Comniissionerof the Clourt of Iilsolvency,
                        or by any general rule or order to be made in pursuance of this
                         Act, be from time to time directed.
His duty.                   17. That in each insolvent's estate and eii'ects, such Official
                         Assignee shall act with the Assignee or Assignees to be chose11 by
                                                              -_
                         the creditors; and all personal @itate and efFects, mcl the rents and
                         profits of the real-estate, and the proceeds of the sale of all tlrc
                         estate and effects real and personal of' the illsolvent sl~nll everv     in
                         case be possessed and rec&wl by-such Official Assignee a l o d
                                                                  i
                                                                  -

                         save where it sliall be otlierwm directed 1 ) ~   V
                                                                                   '  tire Court. and alp
                         stock in any public COIO~RIIY a 1 ~ y o u p y imd public securities
                                                              and                   s
                         and all bills, notes, and otllcr negotik e instr~xnlcrlts         sllall bc forth-
                           --
                         with transferred, delivered, and imid illto some (3IT:u~tered 13(%15
                                                              I

                       ' having n place of business in Adeialtle, b such TXfic131 Asslqnee,
                                                                       f               '

                         to his credit as the Official Assiqnce in u s o ~ v e ~ i m ~ e
                         to such order, and rcgolation for ihe keeping of the acuot111?7Gf%
                         said moneys, and for tlie payment and delivery in, illvestment, and
                           a rnent and d e l i v c r y m t h e same, as may by tTlc Columissioner of
                         &'illart,                                              or
                                             o r x y i n y g e n e r a l ~ l l o order- to be made
                         pursuance of this Act be from time to h i e *-          directed.
 TOact assole assignee        18. That, until assignees shall be chosen by the creditors of the
 until creditors' as-
 signee cboscn.            insolvent, the Oficinl Assiguee shall, to all intents and purposes
                           whatsoever, be deenied to be the sole assignee of the insolvent's
                           estate and effects, and if the Court shall so order, may, before
 Power of, over pro-
 perty of perishable
                           assignees shall be chosen by the creditors, sell or otherwise dispose
 nature, &C.               of any property of an insolvent which shall be of a perisliable
                           uature, or the holding possession whereof until the choice of
                           assignees would, in the judgment of the Court, be prejudicial to the
                           insolvent's estate : Provided always, that nothins herein contained
 Not to interfere wit?      shall extend to authorize the Official Assignee to interfere with the
 creditors' assigncos m
 certain cases.             assignees chosen by the creditors in the appointment or removal of
                            a Solicitor or Attorney, or after such choice in directing the time
                            and manner of effecting any sale of an insolvent's estates and
                            effects.
  Official A s ~ i ~ not
                     ec         19. That no Official Assignee shall be personally responsible or
                                                                                           liable
liable for any act done by him, or by his order or authority, in tlle               DIVISION  T.
                                                                                Of the OficiaI
e a e c h m of his duty as such Official Assignee, by reason of the
petitioning creditor's debt or act of insolvency upon which any -- ----
adludicatiou of iusolvcney shall have been grounded, or either of ~ done inliable for
                                                                                act
                                                                                     ~ ~ s ~
                                                                                          exeeu-
                                                                                                          ~   a       ~       ~   y
 S L I matters, bciilg ir~sufficientto support such adjudication ; and t
         ~                                                                      i of hir duty
                                                                                ,
 no Official Assignee shall bc deemed persotlally mswerable for or
 by reason of his having received any money, bills, n ~ t e s ,or o t l w
 negotiable instrwmc~its under any insolvency ill his chiirzlctcr of
 Official Assiguw, provided he shall have paid or deposited such
 money, bills, notcs, slid other negotiable instrun~cntsduring the
 prosecution of the msolvcncy ill some Chartered Rank in Adelide,
 to the creilit of' tlic Official Assignee in insolvency, and slriill have
 niven credit for such pay~ilcr~t deposit to thc particular estate
 .'1
                                        and
 1.01. wl~ich such Inouey, bills, or other negotiable iirstrunlents sllnll
                                                                                 I
 have he11 rcceivcd : And provided also, that the OtIicial Assignee,
 t~ttersue11 payi11eiit or deposit, s l d l not have dealt with such
 Iiloney, Idls, ~lut~es, other ~legot~iablc
                             or                   instnirnents otllerwisc than
 in thc csceutioii of his duty as Officiirl Assignee ; nlld if ally
 netion shall bc l ~ r o ~ ~ g l l t
                                 awinst tlic Official Assyrree for any such          J ,
                                                                                       '

 * m o n c by I h l , or hy l% order or authority, in the csecution of
  Iris duty, citllcr solcly or jointly with the creditors' assignee in respect
  of sucli mane,, hills, notes, or other negotiable i~lstrunleuts, shallit
  be lilwful for. the Court in wlricli the same s l d l be hrongllt, or
  ,Ji~tl(v t1iweoi; upon apyliciitioti of t l ~ eOfficii~lAssigtlee, arid u p o ~
xk
,*rt
   i             u l t:n:ts to set aside the proctwliogs iir such action, so fk
  :ms tlw Q ) I c Awiguee is coilccrtled, with sucls costs or without
             _ti.d     i
  costs as I r s the Court or Judqe s l d 1 seelu nleei.
                                  c.




    20. Tlmt, on tlir death, resignation, or removal of any Oficial              ~       ~    ~     ~     ~       ?       ~       ~   ~
 Isaipmc, tllc Assi~oco      ;tppoiuted in his stead sliall, by virtue of his    ~ L C       awi~nocto
 sypuintment, be entitled to act ill each insolvency, and snch appoint-          "Ltl"   ";Uhln"l'"nc~.
 lnent sllzall irl couternplation of law, 11ave relation back to the death,
 resiguatiou, or wwoval of the previous hssiguee.

    21. 'I'l~atthere sllall be a messeuqer or messengers of the Court Of the Messenger.
 of Insolvency, who shall be appd;nted by the Court, upon the nppointmmt and fie.
 recolnlnerzdntion of the Official Assignee, and who shall give such Of~ncsscll~er'q
 security, and hc subjjoct to snch rules;and act in such way, as may
 by t l x Coruniissioner of the Court be from time to time directed : That
 such officer shall hold his office during the pleasure of the Court,
 and shall be removable if the Court shall see fit, upon the mere
 complaint of thc Official Assignee of his misconduct or inefficiency,
 without any formal proof of such misconduct or inefficiency : That
 the messenprs shall be entitled to rcccivc and take such fees as arc
 mentioned in tlie Schedule A to this Act annexed, such fees to
 be taxed and allowed by the Court; and in case the estate of thc in-
 solvent is insufficient to pay snch fccs, thc same shall be paid out of
 tlie fund hereafter called C' The Unclaimed Dividend Fund."

   22. That it sllall be lawful for the said Court, by order, in                  Mcsscngcrsauthorizcd
                                                                                  to a f t as appraisers or
 each particnlar case, to authorize any competent person, whether a
                                                          messenger
       Drmmm I.         messenger appointed under this Act or not, to act as appraiser or
     O ' I e Messenger* auetioueer, for the purpose of vnluiug or sclling any goods, chattels,
      f
                                   or effects, of any insolvent, seiznble arid seized by virtue of this Act,
                                   and the person so authorized may, without other licence in this
                                   behalf, do and perform all the duties of appraises or auctioneer, as
                                   the case may be: Providcd t'llat in all cases where track nssigrms
                                   are appointed their consent to such order shall be first obtained.

     Of                              And with respect to fces, be it Enacted-
     --.Fees.
      --                             23. That, from and after the comuencelnent of this Act, t l ~ e
     Fws in Schedule t o
     be taken.                     several fees and stms set forth i l l the Sclledulc B to this Act
                                   annexed, and none other, shall be taken and received, in respect of
                                   business therein specified, by the OEcial Assi~nee,
                                                                                     and allall be paid
                                   by him to the Colonial lmasurcr for the public use of the Provihae,
                                   except the fce fbr the schedule and the charge for advertising:
     Fwr, on appeal tto bc
     ,, ,,,
      ,, ,,                        Provided that, in all c a s w of upped to the Supenle Court, tliat
     Court in ~ q u i t y .        C0tlrt is hereby autllorized to receive and take such fees in that
                                   behalf as would be received and talien if the matter hau arise11
                                   within the equitable jurisdiction of' that Court.
     Of Salaries.                                                                 :incl
                                      24. That the salaries of the Con~rnissiorlcr ulinisterinl and otlier
       --                     -
     p y n o f i                   officers of the Court (excepting the messengers thereof), shall be
     of Conmiscimr.r and           in lieu of' all fees and emoluments wl~atsoever,and s l d l be paid ont
     oficera of thc Court.
                                   of the General lievenuc of' the s:iid.l-'rovincc.
V"
        ~IYISIOXIr.                  That with respect to acts of insolvency, he it Enncted-
                                                                               --
       W i t h r'ehpect   to
       UC~S   ojitzsclZz.ertcy.      25. That if any debtor shall depart the said Proviuce, or, being out
               --              -  of the said Province, sllall reuinitl absei~ttheref'ronl, or sl~all
                                                                                                    depart
     D c p a ~ t i n g this Pro-
     vi~ice,abscnti~~g.,          fiwm his dwelling-honk or. otherwise absent Ilirnsclf, or E,cgiil to
     beginning to lieep
     house, yitjlrling to pri-
                                  keep his house, or sutfer himself.' to be arrested or taker1 iu esecu-
           o,Ionwrr,       arr,t, tion for any debt not doe, or yield lli~welfto prism, or suffer
     attacIlmentl exrvu-
     tion, fraudulent con-
                                  lhnself to be outlawed, or procure l~inlselfto be urrested or t:l,ken
      .,,or   , dL,li-
     .,,, tmnsfer. in execution, or his gpods, money, or chattels, to bc attached,
     VLrY7
                                                                                                  be
                                  sequestered, or taken 111 executioil, or innlie or c*ause*to made
                                                      said
                                  either within t l ~ e Province or elsewhere, m y frauciuleut g r m t or
                                  conveyarice of any of his lands, tenements, goods, or chattels, or
                                  make or cause to be nlacte any fraudulent gift or transfer of his
                                  goods or chattels, every such debtor doing, suffering, procuring,
                                  executing, permitting, making, or causing to be made, any of the
                                  acts, deeds, or matters, aforesaid, with intent to defeat or delay his
                                  creditors, or wllcreb his creditors shall or t l - edefeated or delayeg
                                  shall be d e d e thereby Fbmmitted an 3of inso1venr:y.
          L1_1




      Convcyauce of all                26. That, if any person indebted shall execute any carlveyance
                                                    by deed af all his estate and effects   a trustee or
                                                    e bcnefii of all the creditors of such person who
                                                     d sign the deed within three months from the date
                                    thereof, the execution of such deed shall not be deemed an act of
                                    insolvency, unless a petitiou for adjudication of insolvency be filed
                                    within three months from the execution thereof by the debtor:
                                      rovided such deed shall be executed by every such Trustee or
                                                                                                Trustees
Trustees within fiftoeu d~tysafter the execution thereof by the               DIVISION   fr.
                                                                              With respect to
debtor, and the exccutiou by the debtor and trustee or trustees              aclrofimoluency.
respectively bn attested bv a practitioner of the Sapreme Court,
and notice tlmeof bc @&n, withio eight days alter the execution
thercof by the debtor, in tlie South Ausbrdina Govermzent Gazed&,
and also in two Adelaitle daily newspapers, and two meekly
                                                  date of the execution
newspapers, and such notice shall colitrtiu t l ~ c
of such deed by each trustee, and the name and place of abode
respectively of such trustcc or trustees and practitioner.

    27, That if my debtor, having beer! arrested or colllniitted to         Lying in prison or
                                                                             ca in& out of prison,
prison for dcbt, or upon any attaclmeut or ordcr or commitment              '' P
for or respectiug the non-p:~ynientof money, and from which
inkprisor:wcnt l ~ e might bc discharged upon payment of money,
shall upon sucll or any other arrest or commitment for debt
or noi~-p"y~uent moncy, or npon m y detentioll for debt, or
                   of
hcins in prison for m y otlier cause, lie in prison for twenty-
one days nfter any detainer for debt lodged against him aild. uot
discharged, or part of such time for one cause nud the rcmaiuder
for another or others, or if any pcrso~rhaving beet1 arrested, conl-
mitted, or detairlcd for debt shall escape out of prison or custody, or
if any debtor shall abscond or keep out of the way to avoid being taken
OF served with m y process for debt out of' the Supreme Court, the
debtor so lyiilg in the prison, escaping, absconding, or keeping out
of the way shall he deemrid to have committed an act of insolvellcy
on the first d:~\? such debtor being in prison so charged with debt
                  of
as aforesaid, oi on the first day of' the absconding or concealment
of such dcbtor, as the casc may bc.

   28. That if auv debtor sl~itllfile in the office of tbe Official Filing a dcclaration
Assiqnee, a decl.zl:atioa, in writing, in the form or to the eff'ect $ ~ ~ ~ '                       :   ~   ~   h
con&iued in Sclledulc C to this Act annexed. fiimccl BY such
                                                     I   U

debtor, a i d attested by a practitioner of the Snprerne "court,
that he is unable to meet his ei~g~gerucnts,       every such debtor
shall bc decnlcd thereby to have committed an act of insolvency at
the time of filing such declamtioa, provided a petition fbr adjudication
of iiisolveiwy s2iall be filed by or against such debtor within two
months from the filing of such doclarxtioil ; and the Official Official As~igneeto
Sssignee receiving, such declaration is hereby required forthwith advertise dealaration.
to cause a copy of such dcclaration to be inserted in one Adelaide
newspper and in the South Azcstralian Gouernment Gazette, pub-
lished next nfter filing such declaration.
   29. That if any dcbtor, after the issuing of any fiat under any          ~ompaloaing with
Act now in force or, filing of'any petition f'or adjudication of insol-     Pfitioning
vency 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 thercof, whereby such petitioning
creditor may receive more i~ the pound in respect of his debt than
the other creditors, such payment, gift,-delivery, satisfaction, or
security shall be an act of insolvency, and if adjudication of insol-
               B2                                                  vency
      D1vfs*ox * I v                                              such fiat or petition, the Court,
                           veilcy sllall have been made ~ l n d o r
     IVhh respect to
     nets o ir~s~iverrcy.
           f               may eitlier declare such tdjudicatiori to be valid and direct the snnw
                           to be proceeded in, or inay order it to be aunullccl, aud n petition,
                  nlay     or new petition for ndjud<cation may be filed, and snch petition, o r
    cither be urrnulled or
    dcclared d i d .       new petition may be supported o h e r by proof of such last-
                           mentiwed or any other act of insolvency.
    Judgmrnt debtor          30. 'That if any pkhtiff s h l l rceorcr judgiuent in the said
    not p~ying,swurinb,
    or uonlpouudiug, ~ l h Suprenic Court, and shall he in n situation to sue out execution
    plrtintiif.            npon sue11 judginwt, and there be nothing due fi-om ,such pl:rinliff
                                by way of' set off' ~ ~ g a i n s tw h jnclpient, m~tl clcfenclant sl~nll
                                                                                       thc
                                not, within fourteen days after notice in writing persoually served
                                upon liiin, requiring itiinlrdi;lte pnymcnt of such judgment debt,
                                IMV                                                                 of
                                      secure, or compoun(1 fur tht: siulie, to tllc satisf:-lctl~~i such
                                pl&ltitf, the defendaut s l d l bc deeincd to llnre corninitted an act ot
                                insolvency on the e ib t l l day iil'tcr the service of' sucll notice?: Pro-
                                                         4
                                ridcd al&ays, that if such esccution s l d in the mcmitinw Le
                                 suspeided or restrained h): ally rule, onler, or proceeding, in any
                                                                                    t
                                 Court of Jnsticc lrnviny j;ris&otiou iu t l ~ t i~lialf',no furtlicr pro-
                                 ceeding sllall be I d on snc.11 notice ; hut Ilmt it &:ill bc liiwfid,
                                 nevertheless, for such plaintiit; wllt.11 llc sh:~ll
                                                                                    agniu be in n sitantiol~
                                 to sue out cxccution on such judgnlent, to l~roceed       a@ by iiotict:
                                 in irmliier nf'ol-csaicl.
     Fkbtm rlidohcving             31. l'llat if any ducrec or orcler shall be lwouounced in m y c:luse
     urdcr of ii Cowt o f
     Equity, &v., fur pny-      depending in the Supremo Court, or any order shnll be in& in m y
     mcnt of moneg, after       matter ot inxolveucy nglirlst m y person ordering such person to
     serviae of' pcreii~ptory
                      on
     ordcr for pay~neut         pay m y snin of money, aucl such persori s!~:~\l     disobey such dccree
     a certuiu h y .            or order, the same having becn dnly s e r d upon him, the person
                                entitled to receive sueli suin nndcr snch decree or order, or in-
                                terested ~ I enfarciug the pnyinei~tthereof, pursuant tllereto, niay
                                             I
                                apply to the said Suprciue C'nurt to fix n I~eren~ptory f'or the
                                                                                               day
                                p:iayment of ~ L I C I Imoney, vllich s h d l nccorclingly be fixed by an
                                order for that lmrpose ; a d if such 1wrson, briug lrersoilnlly served
                                with such last-i~leutioned   ordel., fbartecn days before the day therein
                                appointed for pflyriwut, of' such 111011(~ys, 1 d 1
                                                                                ~      neglect to pay the
                                same, every sucli persoil shall be deemed to liavc coniiuitted an act
                                of illsolvency on the eighth day aftcr tlic service of such order.

J    Filinq prtitwn for
     arrangcrncnt between
     a debtor
                                    32. T h t the fili11.y of a, petition bp any debt,or ,for an an=-
                                 melit between such debtor tind 116 cr&litors, under the provisions of
     eroditors.                  this Act', with respect to arraizgements between debtor aud creditor,
                                 under the superintendence and control of the Court, shall be deemed




      htotice u l a& of in-         33. Tlmt if any accredited RS&       of ally body corporate or public
      solvenuy t o &gentsof
      CO) purate bodies, &C.                                                                    coluyany
coulpauy shall 11avc:l~ndnoticc of :my act of iusolvcucy, such body D ~ v r s r o x11.
                                                                   General p o r i s i o ~ r s
corporato or couqmuy shall he deenied to hare had such notice.     zcith m-pect to acts
                                                                                     0f   insolrwzcy.
   34. That no pcrson slid1 be liable to becoi:ie i~isolvcnt reason
                                                                  hg.             1,nnitntion of linl~ilitjr
of m y act of iiisolrcncv comiiritted more tlmn t~velve       lllo&llS prior                insolvcnr!g
                                                                                  to i ~ d of
                                                                                           s
to the issuing of any fii~t insolvency, or the filing of any yetition
                             in                                                   committed twelve
                                                                                  months prior to adju-
for adjudication of insolvency n ~ a i n s liim ; and tllat no adjudication
                                           t                                      dication.
of insolvency shall be & e n d mvalid by reason of' the act of insol-
vency being prior to the debt of the pctiiioning creditor, provided
there be tt suf-Iicient act of' iusolvcncy suhscqneilt to such debt.

  A i d with respect to p c e e d i n g s before ad judicntio~iof insolvelicy,
be it Enacteci-
    35. That proccccliligs to obtain ncljn tlicntion of insolvcrlcy slid1
be by petition, sudl titio ion, if pt'eswt~d :L creditor, being in tllc
                                                   bv
form spcciticd in the Schrdnlc I) to this A& anncxed, ancl the truth
thereof verificd by the affidavit OS tlic pctitioiicr in the f o m speci-
fied ill the Sclled~llc to this Act nnncscd; and if prcsentcd by n
                        E
                                                                 1
debtor, 1wi11g the form slwcifieli in t l ~ eSoke~lale ; to this Act
                 ill
annesed, ant1 s l d I)c ,clttestecl hy a p r ~ ~ t i t i o n c r t l S I Z ~ ~ C I I I C
                                                             of'      ~
                                         s11d
Cnnrt; aud every socl1 p~t~ition be filed of record, mcl prose-
                                                                  ii s
cotcd :is dirrrt'cri by tllis Act; n~idh r n nnd after the flu of socl,
petitiol~,die Court sl~nll,hy virtue of this Act, nntl vitllout any
coinmission, fiat, or sl)cci:ll nutliority vl~nt;soever, lrnvc fill1 power
a i d atlthority to nrljiltlicntc i r l the ninttcr of such petition, arid to
take sucI~ order mid dim4011 witll the body of the illsolvent
 :W nlcntiollcd in this A c t ; ns hlso with a11 his lands, tenements, and
 Ilereditanlcnt,~ which 11c sliall Iinvc in Xiis owl1 right hefore he
 hecanic insolwut ; as also with all such interest in any sac11 lands,
 temcments, and bcreditaments as we11 insolvcut illay l a ' ~ ~ f ~ ~ l l ~
                                                                        depart
                                              s,
 withal; and wit11 all his i ~ o i ~ c y kesi offices, annuities, goods,
 elmttels, wares, mcrchaiidize, A d debts whntsocver, wlreresocver
 they may be found or known, and to make or ordcr sale thereof i11
  riiannw herein m c n t i o i ~ l ,or otlicrwise order the same for sntisf'ac-
  tioii and payvnient of' the creditors of the insolvent.
    36. That the a m o ~ u oft the clcbt of any creditor petitioning for
                             ~
 djudicntion of insolvency shall be as follows, tlmt is to say-the
 single debt of such crcvlitor, or of two or more persons being
 partners, so pctitioning, s h l i amount to     B      Founds ; a d tllc debt



 -*
                                                     to
 of two creditors so pctitioning slid1 an~our.lt Sevent Pourids; and
 thc debt of tllrec or niorc P C ~ S O I I S SO l~ctitioni&tll     anlourrt to Amoimt of prtitioning
 One 1Iu circ 'ounds ; a d cvery pcrsoii who liss given credit lrporr creditor's debt.
 va ua e cons~derxtion r anv s u m pi'1ytb1~ n certni~l
                          h                           at          tirnc, wliicli
 time sliall not have ari-ived ;vlml the debtor cominittcd ttn act of Such drbl may ho pay-
 i.nsolvcncy, may so petition or join ill petitioning, wlletlicr he ~IlilIlable nt '1 I'utiirc t i w ,
                                                                                 though hec~urty cu
                                                                                               gi\
             d
 have l ~ l any security i l l writiog for s ~ c h  sum or not.
                                   ..-
   37. That a petition for adjudication of insolrcncy agaiilst nny
 person indebbd in tlic nluouni nforcsnid to any CO-partncrsliipduly
 nutborizcd to s i x ancl be sued in the 11a1nc of a public officer, illay
 he filed by such pnblic officer ;IS thc nollliiial petitioner for a d oe
 belinlf of such copartnership.                                  38. Tiiibt
     DIVISIOX
            111.                 38. That any debtor may petition for adjudication of insolvency
   f
    of'hco@dica'ian against hinlself:
   o insolvency and
                                                  Provided nlwnys, that 110 adjudication s h d l be
  proceeCli9igs there- had thereunder on the application of such debtor unless he shall at
  under.
                          .- the time of the filing of his petition pay the fees and charges for
Debtor may petitiou
                             filing such petition, and shdl the sank "time or within thr& days
for adi~ldicati~n            afterwards obtain and deliver to the Official Assignee an under-
a@hgihimdf-                  taking of a prnctitiouer of the Supretoe Comt to bganswerablc for
Petitioner to deliver the fees of Court by this Act authorized to be klnen, and which
to official ~ w i g n e un- undertaking may be in the form in the Schedule G to this Act annexed,
                        e
dertaking of practi-
tioner to be accuunt- and may ;1 enforced by the Court hy order for p a l p e n t , or athch:
                                       ,
able for costs.              mcnt, or in such other maimer as the Ofiicial Assignee shall sec fit
                             to          Provided always, that if it shall be r n d c to appear to
                             the satisfaction of the Court, that any imprisoned debtor has nc,t
                             the means of retaining such practitioner, it s l d l be lawful for the
                             Court to dispense with the said undertaking, and to r m i t the fees
                             of tlic Court, or to indre such order fbr the payment of such fees
                             a t n futme day as such Court shall see fit.

~f adjudication be not       $9. Thnt if the petitioning creditor ill any petition for adjndica-
                  three
days aftcr petition
                          tion of ili~olveilcyshall not proceed and obtiliu adjudication within.
any oher cmlitur          three days after his petition slid have been filed, or within such
or the person indebted    extcndecl time as slid1 be sllowed by tbe Court, the Court may at nny
may proceed on it.
                          time within fourteen days tIierl nest fullowjng, upon the application
                          of any other creditor to the nmount required to constitute a petitioning
                          creditor, and upon the proof of the debt of sucli other creditor and of
                          thc other requisites to support mch petitioii (except the debt of the
                          petitioning creditor ), or upon the application of the person indebted
                          oil the delivery by him to the Official Assignee of ail undertaking of
                          a practitioucr of the Supreme Court to be aiwverable for fees,
                          proceed to adjudicate on such petitiou; but if the petitioner, or any
                          other creditor, or the person indebted, shall not within such fourteen
                          days or within such extended t h e as may be granted by the Court
                          for that purpose, apply to the Court to adjudicate, no further pro-
                          ceeding shall be tnkc:i thcreon.
Petitions rnw be m-          40. That anv creditor. whose debt is sufficient to entitIe him to
rented againit one or
rnorc partners in a&m,    petilion for adjudicatior; of insolvency a ~ a i n s ta11 die partners of
a d peti~ions against     any firm, may petition for such adjudication against one or more
two ur more pcrmns
      be dismisoed ss     partners of such firin, and every such petition shall be valid a1tho11g.h
f0     without affect-
Ing the rest.
                          it does not ii~clude the partners of the firm ; and in every petition
                                              all
                          for adjudication against two or more persorrs the Court may dismiss
                          the same n s to one or more of such persons, and the validity of such
                          petition shall not be therehy affected as to any pemon as to whom
                          such petition is not ordered to be dismissed, nor shall any persou's
                                     be
                          ~ert~ificate thereby affected.

1
,
i
     .,
      da
           debtar peti-
about t o quit the Pro-
                          41. That vhenever any petition for adjudication of insolvency
                        slmll hare been filed against any person, and it shall be proved to
vince or to con~.oalhis the satisfaction of the Court that there is probable cause for believ-
goods with          to ing that such person is about to quit the said Province, or to remove
defraud his creditors,
h may be m a t e d      or conceal any of his goods and chattels with intent to defraud his
md              .
                "
                '
                M       creditors, unless he be forthwith apprehended, it & l 1 be lawful for
                                                                                           the
and his assistants, or to such person or persons as t h e Court shall Ofpr~redztretoo b-
                                                                                     adjIldica:ri.
think fit, whereby snch messenger and his assistants or other per- ofinrobencyv.
son or ~xrsc3nssl~allhave ~ntltorit~v arrest t h e nerson against
                                          to                           U

wllom A c h petitioll dial1 lmre bein filed, and al& to seize his
books, p a p s , moneys, sec~lrities  for inoneys,, goods, arid chattels,
wheresoever lie or thcy may be found, and him and them safely
keep m t i l the expiratim of the time allowed for :t~lcjudicationon
such petition or until such person shall be adjndgcd insolvent
under such petition and be tl~ereori   deiclt with accordiitg to this h e t :   ,
                                                                                ,     8o

Provided %l\?-zys,
or
                                                           .-.
                    tlmt any persorl arrested upon any mch warrant, may apply to the
        ~ e r ~ )whose. books, pnpcrs, rrtonrys, sccur~tles moneys, forthwith,hir dhcharge
                 11                                           for             Court for

goods, or chnttcls havc 11cen seized wider a8nysuch w ; ~ r r m tni:iy
ipplv at any tirrlc after well urmst or seizure to the Court for an
order or r i l e on tlic petitio~iingcreditor to show cause why the
persou arrested should not be d~schitrgedout of custody, or why
hie books, papers, aiolicys, securities for moneys, goods, and cl]&-
tels should not be delivered up to hiin, and it sllnll be lnwful for
such Court to make absolute or discl:arge slrch order or rule.


any per so^ w11on-1 such Court dial1 believe c a b b l e of giving any $ ~ ~ ~ 8                       ~    ~   ~

inf'oum:~tion coiicernilig a n y act of insolvency commit.ted by the ofinuolvency.
debtor, and may requim any person swnrnked to prodllek any
books, papers, deeds, and &tings, a i d other documents in his
custody, possession, or power which may appear to the Court to be
neeesaky to establish such act of insolvency ; arid it &all be lawful
for the Conrt to exanline m y such person upon oath by word of
mouth or interrogatories in writing concerning such act of insol-
vency ; and if such pcrson, so summoned as aforesaid, Shall not come r,,,,,, not Rppeahg
before the Court, at the time appointed, having no lawfill impedi-d;;;:h  r;
                                                                          ;
                                                                          o
                                                                          y:
ment made Icnawn to thc Court at the timc of its sitting, and allorveil lvwant.
by it, it shall bc lawftil for the Court, upon due proof of the service
or such summons, and of such neglect or refusal, to issue a warrant
to arrest the pcrson so summoned, and to bring such person before
the said Court for cxainiaation; and also to seize all md evcry books,
papms, deecls, and ~vritings   which such pcrson rriay be summoned to
pz.ociuce; and, at the cliscretion of the Court, to fine m d imprison, or
to fine the pcrson so suminoncd, ancl neglecting or refusing to appear
as aforesaid.
  And with respect to the adjudication of insolvency nnd pro-                     D m s r o r 111.     J'
eeedingn for securing the property i l l d surrender of the insolvent,          Of'the adjudication
                                                                                 q.inrolr~cney and
be it Enacted-                                                                   proceedings t h e w
                                                                                 uvdeder.
   43. T h a t the Court lrtlder n petition filed by a creditor, on proof            tomnkc aqudi-
of'the petitioning cretlitor's debt and of the act oi' insolvency of the        cat~onupon cert;tin
debtor, or, in ease of the failure of the petitioning creciiior duly
to proceed and obtain such adjudication, then upon the application
of another creditor, to be made at the time and in the mauner herein-
before aypointed, and on proof of such creditor's d e b t and of tlie act
of insolvency of the debtor, or upon the application of the person
                ~1                                                   indebted
 Drvxsroa 111. indebted on proof of the act of insolvency, and clelircry               by him
O thea+ucr!dcatbn
 f
o insoEvency and
 f                         of the undertaking hereinafter mentioned and, nnder :I petition
proceeding8 &re-           filed by the person indebted, upon the application of the debtor
under.                     and on proof the Act of insolvency and the delivery to the Official
                           Assignee of the undertaking of a pr:ictitioncr to be ansm-erablc for
                           &es, shall adjudge such debtor insolvent, and the adjudication of
                                                                              3
                           iusolvency may be in the form in the Schedules 1 or 1 to this Act
                           annexed.
In caee petitioning          44 Thztt if after adjudicstiorl of insolvency the debt, of the
weditor'a debt be
insufficient,Courtmay      petitioning creditor be found by the Court to be insufficient to
proceed upon the
application of any         support such adjudication it sl;illl be lawful for the Court. upon
rothcr creditor whose      the application of any other creditor b a v i n ~ proved any debt
dubt ie sdcient.
                           sufficient to support m ndjudiwuion, or which being added to t,hc
                           petikioning creditor's debt, will be sufficient for that purpose to order
                           such last-mentioned debt to be snbstitutcrl for or added to the debt
                           of the petitioning creditor, and which order may be in the form
                           contained in Schedule J to this Act anncxed, or to t h like eff'kt.
Court. after adiudi-          45. That the Court shall forthwith, after adjudication, appoint
cation, to appoi;ht two
pub1icsittings;tocause     a p~lhlicsitting of the Court under the insolvency, to bc held
adjudicationmd
public sitting to bo ad-
                           on a day not earlier than seven days, 1101- later than fourteen
~ertised.                  days. from the date of such ailiudication. and shall cause notice of
                           surh' adjudication and of suchupublic sitting t'o be given by ad-
                           vertisement in tIic Xouth Australian Gownznscnt Gazette, and also
                           once in each week in two weekly and two daily ncwspapers
                           published in Adelaide, and shall issue a warrant to the inesseilger
                             I                                                                  'i

                           of the Court to seize all and singular the goods, cllattels, rights,
 To fix amotmt for
 whi80taudn3stnee          credits, and real estate of the insolvent ;and the Court shall, by O ~ C P
 to be a jud6ma.t          under the seal of the Court and hand of the Couimissioner, fixan :mount
 oreditor.
                           for which the Official Assignee of snch insolvent shall be a judgment
                           9      or of such insolvent, and the Court may from time to tilue,
                           u n t ~ the passiug the last exawination of the insolvent, substitute
                            antrther'cnmount for the amount so ordered, and snch order or
                            substituted order may be in the form in the Schedule B to this Act
                            annexed; and every such order shall have the effect of a judgment
                            in the Supreme Court; but snch order shall not be enforced, nor
                            shall judgment thereon be entered up without leave of the Court.
                                                                f



 not conducted in a
 WheToproeeedh@;s
                               46. That a second public sitting of the Court shall be holdcn to
 summary way.                take the last examination of the insolvent, not earlicr than twenty-
                             @ days, nor later than thirty-fire daylays from th; first sittizg; and
                             e
                             notice of such second public sifting shall bc given by advertisement
                             in the Smith Awtralian Gouernmeut Gazette, and also, once in each
                             week, in two weekly, and two daily newspapm published in
                             Adelaide.
   Jn case of a person ad-         47. Tbst, in the case of a person adjudged insolvent on the
  judged insolventon the
  petition of a creditor,        petition of a creditor, the Court shall also f x a period not
                                                                                   i
   Court to flr a period
  fbr insolvent to a m -
                                 exceeding fourteen days from the date of the adjudication, within
  render. and t adver-
                 o               which the insolvent is to surrender and conform, aud shall
       &&P*,                     cause the like notiem thereof by advertisement to appear with
                                 each aotice of adjudication, and the Official Assignee shall forth-
                                                                                                 ih
                                                                                                wt
with cause a duplicate of the ndjudication to be served upon such             umsror r r i .
iusolvent pewonslly, or by leaving the same at the usual or                  Ofproredwe to ob- '
                                                                                 acZg'Uft
last known place of abode of such insolvent: Provided always gfituobmry.
that the person so adjudged insolvent as last aforesaid may, if be                        P-




think fit, within seven days from the service of the duplicate of the Debtor adjudged in-
adiudication or such exteuded time as the Court, n1av sec: fit. not of a creditor, to have
                                                                                                  ,
  Y                                                          d        7 -
                                                                          seven or not
excettding fourteen days in the whole, show cause t'o the Court exc,eaing,h         ,
                                                                                    ,
                                                                                    ,
against the validity of the aclj~tdication and if he s l d 1 within mch against adjudication.
                                             ;                            days, to show cause
 time show to the satisfaction of the Court that the petitioning
 creditor's debt ancl act of insolvency upon which such :tcljudication
 has been growded, or either of such matters, are insufficient to
 support soch adjudication, rrud upon such showin@ no other cwrt ,, ,,.,, ad-
                                                              ?
                                                                                  ,
 petitioning creditor's debt aud act of insolvency suffic~entto sup- ju"cation.
 r m t such adjttdication, or such of the last rncntioned matters as
 shall be requisite to support such adjadicntion in lieu of the
 petitionii~gcreditor's debt and act of insolvericy, or either of such                    "
 matters, whicll shall be deemed insufficient in that behalf. as the court may enlarge
                                                                          time for insolvcnt's
 case may be, shall be proved to thc sntisfkction of the Court, the surrender.
 ('ourt shall tlrweopon order in the foTi~i    contained in the Schedule
 TA to this Act anr~exed, or to thc like effect, such acl~judicationto
 be reve~wxl,:wd the same by such order s h d l be re~ersed ac-
 cordingly, and tlic Court sEtall fortliwith cause uoticc of ~ 1 1 ~ 1 1
 reversal to bc given in tllc South Amtr~llion Goce~nmentGazette :
                            Court sI1:tll have power ft.0111 time to time
  Provided also, tlmt t l ~ e
  to enlarge the time for the insalvent surrendering himself for such
  time as the Court shall thinli fit.
  48. That every pcriorl who slldl be adjudg.cd iwdverlt shall be            m s ~ l u e n t be free
                                                                             from arrest in coming
                                by
Frer from nrrwt or imprisoi~~nent any kwlltor i n coming to mr-               o surrender.
rcnder; and every insolvent, after surrender, shall be free from
arrest or imprisonment by m y creditor, so l q as he shall 14 ve
                                                               1
the protection of the Court as hereinafter prov~dcd;and if                &
insolvent shall, at the time fixed for his surrendering, be in
prison, or in custody fur debt or damages, the Court slmll, by
warrant to the person in whose custody he is confined, order his
immediate release from custody at the suit of any creditor, nad
which warrant may be in the form contitinccl in ScLedule M to this surrendw to be free
                                                                        Insolvent after
                                                                        fe
Act annexed: P r o d e d always that such release shstll in l ~ o \ ~ i srom arrest while
affect any right of the creditor against the insolvent, except the Court,protertion of
                                                                        wdtr
                                                                               and if in
right of detaining him in prison so long as he shall have the pro- euetody, Court to
tcctioll of the Court.                                                  order his discharge


   49. Thnt every insolvent shall, immediately upon surrendering,             :   ~   ~   ~   ~   ~      t   ~   ~   m   e   n   '
be deemed to be in cirstodpfordebt at the suit of the Official Assignee,      c:ustody a t the suit or
for such n sum of money as the Court may, by such order or substituted            ,
                                                                                  , ,
                                                                              thc Offiaial Assignee,
                                                                              d
                                                                              ,         be
order as aforesaid, have directed ; and the Messenger of the Court            gaol.
sh~I1,upon receiving the warrant of the Court, and which warrant
may be in the fo& contained in the Schedule N to this Act
annexed, lodge the insolvent in the Adelaide Gaol, and such in-
solvent shall not be discharsed from gaol until he s h d l have
passed his last examination, unless he shdl have received the pro-
tection of the Court, as after provided.
                                                                50. That
  DIVIS~OX    1x1.     50. That in tlle case of a person adjudg~dillsolvent on his own
 if ,finsolvency and petition, the insolvent, if a t large, shall within tl~rce
Ofthe adjudication                                                            Jays after such
;rocecdifi9n         ndjudicxtion, and before t h e e of the clock in the nftcrnoon of' the
 under.                        lust day, surrender himself to the messenger of the Court a$ the
                           - suit of the OWcinl Assigoee, who sllall thereopn, u d r s s the
Insolvt lit at large
ad,,d,,,    in,,l,,,,,',     ,
                             , insolvent filial1 have obtained the protcction of the Court, obtain the
his own v 2 t i t w to         warrant of the Court, and lodge such insolvcllt in the Adelaide
surrender within
three days a4ju&- G801; that if S U C ~insolvent s h d l be in prison, or in c ~ s t o d y          at
cation, rnd lllll(sss
protected to go to
                               the date of the djudication, 110 actual personal surrender slmll be
 ~ W L                         necessi~ry,but the Messenser of the Court shall forthwit11 obtain
                               and deliver to the person in wlzose custody the insolvent is coizfiued,
insolvent in gaol to
 h                     as to   the warrant of tlie Court for his rdeasc from cnvtody nt tlle suit of
his detainin~crpditor any creditor, as hertinbefore provided, and likowise the warmilt of
and confined at t11c
suit of the OLhciai            the Court requiring the person in w h s c custody the insolvent is
Assignee.                      confined to detail1 such insolvent, or otherwise to lodge lrim iu the
                                Atlel:litlc Gaol at thc suit of tlic Official Assignee.
Insolvent in custody        5 1. Thnt, after sucli adjudication as aforesaid, it s1i:~ll lawful
                                                                                       be
at thc wit of the
Officinl Assignee may     for the Court to direct such insolvent to be dischrged O U ~of
receive protection of
the Court on fiuding
                          custody at the suit of tlie Official Assignee, on his findiilg sufficient
bail.                     surety or sureties to enter into a recognizmce to the OEcial
                          Assignee iu sucli sun1 or sums of money as the Court shall
                          order, and which order and recogiiiznnce respectively shall be
                          in tlie forms in the Schcclules U and P to this Act annexed,
                          and thereupon the said Court shall gr:int to the said insol-
Bail NBJ: rcnder in-
                          vcllt the p~otect,iollof the Court, whicl; dldl he ill t h form in
solvent to gaol.          the Sdiedule Q to this Act annesed : Provided that tlie sureties of
                          ;oeh insolvent br any of then1 or m y one of them may render such
                          insolvent to gaol in discharge of t h i r recogniznr~ce Provided also
                                                                                 :
Court mRy withdraw
protection.
                          that the Court, when and as often as it s11:dl see fit, may witllclraw
                          sucli l?rotection either entirely or for some definite period, or until
                          the in'solvent shall have founduotller sureties or surt:iy, or surety or
                                   to
                          sureti~s a larger amount), and thereuponsli,zll order such insolvent
                          ngniu into custody : Provided also, that m y insolvent, so rendered
                          to gaol or whose protection shdl bc so withdrawn, shall have the
                          right of again applying to be discharged, on finding sureties, as
                          though he had only just tlilen surrenderecl.

of Court ohby
GuolC" on receiving      52. The Keeper of the Adelaide Gaol, and all other persons having
warrant.              tbe custoclv of an insolvent are hereby required to obey, abide bp,
                      and confork to any order made by the Court for the bringing up,
                      receiving, or detaining any insolvent, and also for the release d'any
                      insolvent in his custody' for debt only, upon receiving the warrant
                      of the Court for each particular occasion; and if any action or
Mar vkfid not tvfitr, other proceeding shall be brought against snch person for o h y i n g
and g 1 ~ ewasrnnt in
evideuce.             the warrant of the Court, such person may plead thac he is not
                      guilty by this Act, and give any such warrant in evidence.
                                                           v
Insolvent to deliver
up his books of account      53. That the insolvent forthwith after ~urrepder, or after the
to ofiaid A.bignen;       period limited for his s~~rrender,shall deliver up to the Official
,
to post up his books ;
    ,n scoountnnZ
     *a
md~vep&iculfirs
                          Assigaee all books of account, pnpers, and writings relntiug to his
                          estate, in his custody or power, and discover wch as are in the
of hh dedinge, to
                                                                                             custody
                                                                           1
custodv or power of m y other person, ant1 such insolveut ~ 1 ~ p s1t l31vrsroa r r r .
aud ~ilixke his books and accounts to the date of the adjudicirtioo, Ofj 'the nrGudicntion
             up                                                                 o iusolrer~~y d
                                                                                           a
and, if not in prison or in custody, shall nttcnd tile accountant procrwlitzp there-
appuiuted by the Court, at such place a r d when aud so often under.
:M Ire sllnll be requirecl, or, if such illsolvent s l ~ d be ill yrisolr or iu
                                                           i
ctxstoJy, s l d l atteid the wcoLu~tant tlle gaol or place of custody,
                                           at
and sllall furnislr to 11im su c11 p i l ~ t i d a of~ his deljts and credit&,
                                                   r
estate and effects, trans:lctious and ilcnliugs, as arc llecessary to
                              to
eunblc such nccou~itai~t prepare t l ~ c      il~solvcnt'sbalance-sheet aud
 scl~edule, s by this Act is required; ;xlicl shall also, whei~
             s                                                         aud as
 often as required by the assignees or Oficitll .\ssiguer, assist in To nqaist in mnh-:ng
           out                                a
 ~naking the accounts of his est:~t,e, i d sucll insolvent, after 11e out a( conrits.
 shall have surrcndcrcd, limy, :it all seasonable times before Le sl~all
 11;zvc: passed his last extlulination, iilspect his books, paperr, and
 writings, io the presellce of the Official Assipee, or :my pi:rs011
 npyoititctl by 11i1l1,a i d bring with him evcl~    tiwe m y two persous to
 ;mist him,

   54. T11at cvery insolvent, after lle ~112.~11  have passed his lttst           Aftclr p e s ~ i n glast
                                                                                  emminof ion, to attmd
exaluirl,ziion, 'sl~tdlupon ~Ienlimd, ill w i h g given to hiril, or left         ~~suignceu settling
                                                                                              in
at his usual place o f abode, attend the assignees to settle any account          accounts.
between his estate and any debtor to o~ creditor thereof; or attend
iL1iY Court of Justice or ally arbitratiou to give evidence touching the
s;tnie, or do nuy act necemwy for getting in or protectiug his s : d
estate, for which stteodance he shall he paid Eight S h i l h g s per day                         for
                                                                                  ~ ~ l l o w a n c c attcnli-
                                                                                  auce.
by the Official Assiguec out of his estate.
    55. Thc Coiwt d ~ a l las soot1 : convenieut, ~ p p o i n tsome com- Appointment of ac-
                            ,          M
                                                                            countant.
petant person a s nccountnut, and shall refer to l h i the books
of account delivered np to the Of5cid Assignee, and vcho
shall investigate the accoutlts of the insolvent, and shall prepare
therefrom a scliectule : t d Mnuce-sheet ot' the insolvent's pro-
perty, dealings, and transactions, so far as the said books
and sccouxlt8s afTord materials for preparing the s m e ; a r d
shall file sucl~bal:;/nce-sllect with thc Cfi::l Assignee tcn days at
                                            1fcit
least bcfonr the day appointed for the second sittii~g       under the in-
solvency ; arld such accountant s h l l also at, or slrortly befbre, such oAcc.oimlant insolvent'^
                                                                             t l state u f
                                                                                           to report
sitting deliver to the Ofliicizll Sssignec his report as to the keepilig of accounls, &c.               I


           bv
nccou~~ts the imolvcnt, whether tllc ilisolvcnt has rerldered llirii
the greatest assistance, a i d given l~iinall rieccssary inf'olmla,tionin
115s power ; wllether or 110t any books or papers appear to 5e missi~~g,
or to have beeu fnlsifiect or dest'royed ; the cause of the insolvei~cy,
ancl whether or iiot m y propc~rtyappwrs umccuunted for; and
such accountant shall attend the Court at such meetings under the
             as
insolvet~cy he shall be required. That the accountant shall re-
ceive out of the est:ate of the illsolvent, for the invest,igatiol~ the
                                                                   of
accounts ancl prrparatioil of the scliedulc and balance-shcct
a i d his report thereon, a SUM not exceeding Fifty Pouids
and shall also rccciye Otle Pound fbr every time he s l d      l'
attend the Court whcii requested as afi,rcs:&l.             1hat, in C ~ C
the estate of' m y i1i:iolvent will not pay t1he fces pnyablc to thc
             ON
 D I V I ~ ~ 111. accountant, the same sllall be paid         out of the f w d hcreinaftw calIcd
 1 the
0 ' atljudica-            The Uxdainied Dividend Fund."
 lion of insok:ency
 adproceedings
 therezcnder .              56. That, in a11 caseswhere it shall be made to appear to t l ~ e
Search-warrant may
                         satisfmctiori of the Court that there is reason to saspect and believe
be grantcd.              that any property of any insolvent is concealed in any house or
                                                      to
                         other place, not belongi~~g such insolvent, the Court may grant a
                         search-warrant to the messenger and his assistants, or other person
                         appointed by thc Court, ancl it shall bc lawful fur such messenger
                         and his assistants, or other person, to execute such warrant accord-
                         iug to the tenor thereof, and such messenger and his :tssistnnts, or-
                         other person, shall bc clititled to the sarw - p t e c t i o ~ l is allowed
                                                                                        as
                         by law in execution of a search-warrant for property reputed to be
                         stolen or concealed, and every such search-warrant shall he in the
                         form contained in Schedule Pi. to t l h Act, or to tbe like eff'ect.
No action t o be            57. That no action sliall be brought against any messenger or
brought against per-
sons acting in obedi-                                                                for
                         his assistants, or other person appoiuted by the Co~irt, a i ~ ~ t l l i i l g
ence to warrant of
the Court.               done in obedience to any warrant of the Court, urdess demand of
                         the perusal arid copy of such warrant hat11 been tmde o left at t2te
                                                                                     C
                         usual place of abode of such messenger, or his assistants, or other
                         person, by the party intending to bnng such act,ion, or by his nt-
                         torney or agent, in writing, signed by thc party dunlarltling the
                         same, and unless the same hath been refused or ntglectcd for six
                         days after such demand, 2nd if after sucll denrand a i d con~plinrlce
                         therewith, any a,ction bc brought against such messenwr or a . w i h -
                                                                                     ?
                         titnt, or person so appointed, without makinp the pctitiomng creditor
                         defendant, if living, the jury, at the trial of such nction on the l?ro-
                         duction and proof of such warrant, shall @ r e their verdict for the
                         defendant, notwithstanding any defect of jurisdict,ion in tlw Court
                         by which such warrant shall have been granted, and if such actiou
                         be brought against t l ~ epetitioning credrtor, and the messrngcr,
                         or assistant, or person so appointed, the jury shall, on proof
                         of such warrant, give their verdict for such messenger, or
                         assistant, or person so appointed, notwithstanding any s ~ i c h
                         defect of jurisdiction ; and if the verdict shall be given against tl~c
                         petitioning creditor for an mnount carrying costs, thc plaintiff sliall
                         recover his costs against him, to be taxed so as to include such costs
                          as the plaintiff is liable to pay to the messenger aud his assistants, or
                         person so appoirrted as aforesaid.

Proof in aueh actions       58. That, in any such action brought against the petitioning we-
that defendant is pp-
titioning cr~ditor,suG   ditor, either alorle or iointly with any messenger, or assistnnts, or other
cient to render him      person so appointcd"by the Court, for auytllio~dolie in obedience
liable.
                         to the warrant of the Court, proof by the plmrltiff in such action
                         that the defendant or defendants or any of then1 is or are petitiorliug
                         creditor or creditors, shalI be sufficient for the purpose of maliing
                         such defendant or defendants liable in the same manner and to the
                         same exterit ns if the act complained of in such actiou had bwn
                         done or committed by such defendant or drf'cndants.

                                                                                         59. That
   59. That it s l d 1 Le lawful h* y lnessenger of' the Court :illcl
                                            m
                            1n1rrlt.r warrant of thc Court to break oprtl m y
his ;lssist,auts, : w t i ~ ~ g
house, chalnbcr, shop, w~rel~ousc.,          door, tnruk, or chest of any ill-
                                       or
solveut w11ere such ilrsolrw~t MIV of his property shall be reputed
to be, 3rd seize upon the body or iwopertv of sudl insolveut, and if               l\l(wcnger. m: break
                                                                                                 :!
tLe insolvent he in prison or in custody 'it s l d l be lawfill for tlie           open the inwlvcnt'a
                                                                                   dorn.s and seize upon
lnessengcr and his assistants to scizc m y property of' the irisolvent             his body ur prupurty.
(his necessary ae:rring apparel ouly excepted) 'l11 the custody or
poswssiion ofhuelr insolvent, or of auy other person in any prison
or place where such illsolvent is i11 custodv.

   60. Tllat, if a n y insolvent shall be arrc.st,ed fur debt or on :wy
esc:q)c-warrant in coming to surrender, or shall after his surlvn,ler
;tnd wl~ilcprotected by order of the Court, he so arrc.sted, he shi111, 011
producing such protection to the officer who slrall arrest llinl, ant1
(living snch ofticer a ropy I llwcof; bc ini~uc(lintc:lytliscl~:irgc:d, :111(1
?
if an?: ofiiwr ~11,211 det:liu :uly such i~~solvent after he fillall have
showh suvl~   pn)tect,ion to him, except fbr so long a time as slzdl be
necessary fw obtaining n copy oftlie same, snch oficcbr shall forfeit
            i
to such in&;l,lwnt, 11is owil use, thc ~11111of' Ii'ivc I ' o ~ u d sfbr every
                     for
clav he shall detaiu such insolvcnt, to be recovered by :tctio~l debt  of
~nthc   Suprcmlc Court in t h lr:jlue of soclr iusolvei~t    wit11 lhll costs
of suit.

   6 1 , Tlmt evcrvlretitioningcredi tor shall, at his own costs, file a n d
prosecute his petkioo rllltil the clmice of assipees by the creditors ;
and the Court &all, at or :lflcll tlle sittiug for such clzoicr, ~nnlreorder
for the paynlcnt thereof out of the ~ t i t t e the insolrent in cuurse
                                                of
of priority, to be wttled hy any general rule or order to be 11ladein
pursuai~ceof this Act.

   62 Tlmt no fiat in insolvcucv sl~itll annulled, nor anv pctit,ion rryvcr ~ il(hy~.i.,isorronly
                                       be                             -%l(
                                                                                w
                                                                                  ~ t i o n n o t t be
                                                                                                    ~l
tbr adjudicn tion reversed, by ' wason only that the fiat,,"petition, .r ,,I,,,, l, 6 . ,
                                     has
adjudication, or act of il~solvetlc~ b&n concerted or agreed
                tlw
ul;on betwe~n insolvent, his solicitor or agent, or any of them,
a d a~iy creditor or other person.

   63. That, if any iusolvcnt shall die after adjudication, the Court               Court       P T O W ~
                                                                                    ~ ~ u ;ili-&in~lingdeath
                                                                                           ta
 may prow?c"dill the insolvc~~cy if such insolvent were living.
                                as                                                  of inwivtmt.


    64. That the Conrt may summon any illsolvent bcfore it, whether and examine?unlmon.
                                                                        a w t mv
                                                                                 insolvent.
 such insolvent shall have passed his last exaniitlation or not; and in
                          at
 case he sLal1 not coxr~e tllc timt? appointed by the Court, having
 no Iawful impediment (made known to and allowed by the Court a t
 such time), it shall be lawf~d the Court, bv warrant, to autl~orize
                               for
 sud direct any person or persons the Conrt dial1 think fit to apprcr-
 liend and arrest such insolvent and bring him before the Court;
 and upon tlle appearance of snch insolvent, or if such insolvent
 be present at, any sitting of the Court, it shall he Iawfi~l for the
 Court to examine sncll insolverlt afkr he shall have made and signed
 the declaration contained in Schedule S to this Act annexed. eitlwr
  D r v ~ s r o s111.                by word of nioutl~ or ou irlt,i~rr*og~~t,orit:s      ill writing, toucl~iug ttll
[?ff')flhcaf1'f4c~icutiunw t q a nrl n i a t t ~ r s
 ? ir~so I'                                        rclating to his trade, rll:nlings, or estate, or which ~imy tend
 proceedings there- to disclose ally secret grant, colweyance, or colr ceahicn t of his lauds,
  under                              teuementn, goads, money, or dehts, and to reduce his wilswers into
                                     writing, wliicll exmiit~atior~ I educed illto writing tLe said illsolvelit
                                                                       so
                                     shall sign xntl subscribe.
Court may summon             65. Tlmt it shall be lawfrxl for the Clourt to sunnnon before it
and rxnnlir~ethe insol-
vent's wife.                                                               her, &er she shall h v e
                          the wife of' a n y insolvent, and to e x ~ m i n e
                          urnrle n ~ d aig&d the declaration cotrt:ziw.d in Scliednlc S to this
                          Act atlnexed, either hy worcl of iuoutli or iliterrogatories ill w r i h g ,
                          for the ti~icliiigout and discowry of tlrc estate, ,goods, i ~ i i l lchtttels
                          of such iusolvent coucealed, kept, or disposcd ot by such wifk ill IIW
                          own persou or by her own act, or by any utlrclr person ; n ~ d            she
                          shall iircur such danger or pc.ualty fbr riot coming before the Court,
                           or h r refiwing to be sworrl nr~d x m i i u d , or for refusilig to s i p or
                                                              e
                           sulmribe Iwr examinittion, or for not fidly ,zllsweriil,q to the satis-
                           factioti of the Court, as is lwueii~af'lcrprovitlecl,
                                                                                   under.
   69. That, where it shall be shown by affidavit to the satisfaction of
the Court that any persoil to whom any such summons is directed as
                                                                                   ,
                                                                                  ,_      at summons
                                                                                  W ~ I ~ J ~ Rparson
                                                                                          the
                                                                                         Out of the way-
d'oresaid is keepillg out of the way and cannot be persorially served
tlrerewith, and that due p i n s llave been taken to effect such
persouxl service, it shall bc lawful for the Court to order, by
euclorsenlent upon tile summons, that the delivery of n copy of such
summons to the wife or servant, or some adult inmate of the house
or family of the person a t his usual or last known place of abode or
business, and explaining the purport thereof to such wife, servant,
or iniimte, shall be ecpivalent to persord service, and in every such
case, the service of such S U I ~ ~ O in Ipursuance of such order, shall
                                       ~ S
be and be deerr~cdand taken to be of the s;~nir?     force and eEcct to
a11 intents and purposes as if t'he party to whom such sumnloils
was directed bad been persoilally served therewith.

   70. 'Chat, upon the appearance of any person siunmoned or                     Powerto
brought before tlle Court upon any warrant as afbresaid, or if any               per80ns summonr.il or
                                                                                 bre8enC at m y sitting.
pr~mbbe    present xt the sittinq of the Court, it s l d l be liiwf'ul for
tlw Court t o examinc every sndr person upon oath, eitl~crby word
of inouth, or by interrogatories ill writing coi~ccrningthe person,
                                                             m
trade, dealings, or estate of any insolvent, or concern~ug y act or
                    by
nets of insdver~ey m y insolveat corrinritted, and to reduce into
writin,g the ans,mTers of' every sue11 person, i~ndsuch answers so
reduced it~to writing, such person cxaminctf is hcrrby required to
sign and subscribe.

   171. 7'hnt if any person examined as last aforesaid shdl in and by r,       &~blcndnlitted
his examii~ation,signed xad subscriherl as aforesaid, and also in and            ;j
                                                                                 !:
                                                                               ;; ;; t"
                                                                              :,gt~'
                                                               l
1 ) a~ sepratc writing in the torn1 contained in the Schedule ' ' this ordor pqmt.nt.
                                                                to
 Act mnexed, admit that he is indcbted to the insolvent in any sum
 of money upon tllc bn1:mcc of accounts, it sl1all be lawfill for the
 Court, if it s h d l think fit. to order (in the form contained in
 Schedule U to this Act ankcxed, or to the like efKect) that such
 person sllrtll forthwith, or at sucli ' time and in stlch manner as to
 h e Court may seem expedient, pay thc amount so admitted in full
 discharge t h r r o f to the Official Assignee, together with the costs
                    to
of and ~ncident the surnnwus of such persorl, if' the Court tllir~k
fit to award costs, or the Court may, if it tliink fit, in the a a k l fornl
 contained ill Schedule TT to this Act annexed, order the Official
Assignee to pay the cost of the person sunmioncd out of the estate
of the insolvent, and every such order shall have the efrect of a
jlldgrnmt of the ~ u ~ x r e m e ' ~ o u r t , may he enforced accordingly : To have the eRect of
                                       and
                                                                          be
Provided always th:lt uo sucll o d e r shall be made urlless tl~ere a judgment.
present some practitioner of the Supren~eCourt on behalf of the P~,.,, , f a practi-
person making such adl~issionexpressly named by him, 01 upon E;;;fy;;;;z a
his refusal to name such practitioner, named by the CoWt to           0 1 his making admiarion.
                                                                       1
behalf, to inform hi131 of the effect of sucli admission before the same
           Ez                                                              is
       u~vmox        111.            is niped and snbscribed as aforesaid, and that such practitioner do
      Qf the u(lj26(2ication         wgn his name as a witness to such admission in the form contained
       o i?zsolr~ency
        f              and
       p r o e e e ~ i n g r l ~ s r r - the Schedule T to this Act annexed : Provided also, if part of
                                     in
       under.                                                                                     n
                                     the sum actually due be so admitted, or if the Court make w order
                                     for part only of the sum admitted, the residue may be recoverable
                                     in the same manner in all respects as if no such adu&&ou or order
                                     hnJ been made.
             Innr          let-      72, That the Court may order that, for a period of three months
      ters addressed to in-
      sulvuut  to      redi-      from the da,teof any such order, all post letters directed or addressed
      rectrd or delivcrcd to      to soy insolvcut slGll be redirected; readdressed, sent, or delivered
      Official Assignee.
                                  by the Postnlaster-Gener& or the officers acting under him, to tlie
                                  ~jfficialor other ~ssi,qne&or    otl~crperson n a k i ill sncli order,
                                  and which order, ou rcceipt of copy thereof by the Postmaster-
                                   General or such officers receiving such notice, he and they is and
                                   are hereby required to obey ficcordingly, and the Court may, upon
                                   any appli'cation to he nlade for that pnrpow:, reucw m y such order
                                   for a like or for any other less period us ofkc11as iuay bo neccssitray.
       O ! t h e c o n ~ ~ m c c s And wit11 respect to the power of the     Court over certain tlescrip-
        qf ndjwlir.ntio~~
         over certain &S- tion of pro pert,^, be it Enacted:
        criptions ofpro-
        p~rty.
       --                          73. That if any insolvent, at tho time  he becomes insolvent, shall,
       Goods in        posses-  by the consent and pcrrriission of the true owner thercof, have in
       blon. ordw or d w -      his possession, order, or disposition, any goods or chattels whereof
       bition of thc insohcnt
       to bc dCemcdhia p,.o-    he was reputed owner, or whereof he had taken ulmn him the sale,
       porty.                   alteration, or disposition, as owner, the Court sl~nllhave power to
        n tnts of vessels nnder order the same to be sold and disposed of for the bellefit of thc c r d -
      . i%nd 18 KC., C. 104, mrs under the iasolvency, provided that notlring l~erein         contained
 *'
..    4
                                shall invalidate or aff'ect any transfer or assignment of any ship or
                                vesscl, or any share thereof made as security for r7ny debt or debts,
                                either by wiy of mortgnse or assignment, doly rqistered according
                                to the provisions of au Act of the Inipcrial Parbnmcnt made and
                                passed in Session of Parliament holden in 17th and 18t,h yews of'
        And h i h of sale under
         No. of 1Y5,5-6.        the reign of IIcr M+jesty, called C L The Merclumts' Shipplng Act,
                                 1854," or shall invalidate or affect any pnrcbase or security duly
                                pdected under the pi-ovisions of an Act of the Governor and
                                 1,egislative Council of the sajd Province psstd on t,he 5th day of
                                March, 1856, h i n g No. 4 of' 1855-6, intituled, " An Act to give
                                a Preferable Licn on Wool fi-om Season to Season, make Mart-
                                 $!?a* of Sheep, Cattle, and Horses valid, without delivery to tkr3
                                    ves
                                 Mortgwee," so far as regards niortaa~esexccuted a t least sixty
                                         ?                               8"
                                 days before the filing of m y petition far adjudication of' insolvency,
                                 or the consideration f'nr which shall be an rtclvance, or loan made bt
                                 tlle time of the execution of such mortgage.
        POW of ~ * l oVpr
        ct\rt.iin
                          ~ t
                      , :ITLC~        7 4 That if any insolvent, b ~ ~ ~ ~ n ~ oshall v                  l    c
                by insulveut,      (except for some valuable consi eratlon) have conveyed, askgned.
                                   or transferred to any of his children o r t o any other pcrspn, or &all
                                   have made any purchase, or taken any conveyance, assignment, or.
      k                            transfvr in the name of any of his children or any other person, of
                                                                                                       any
r,ny lwreditnnwuts, offices, f t ~ sannuities, irascs, ?
                                    ,                  uoods, or cl~nttels Ofthp Vro~tsequc~tres
                                                                             D L    M ~ ~I I I s
                                                                        ' ofnrblj;nzre,r
or llovc dclivered 01. made over to any of his cb~ldreu,or to any
                                                                             ,,
ot1lc.r such person, any money, or any bills, bonds, notes, or other ,, certai72
securities, or have transferred any of' his debts to any other nersoq o r @ t i q '~ r o -
                                                                                ~ p~
or into any other person's naine, the Court shall have power t6 order PPPC.
thc sarrie to bc sold? disposed of, and recoivyl for the benefit of the
creditors uncler tlje insolvency, and every such sale slldl be valid
against the insolvent and such children and persons, and against a11
persons claiming under him or them.

   75. That if any insolvent shall have any Goverument securities,                                   ,
                                                                                  ~ ~ ~ t t , " ~ ~ to " $ d
or any of the stock or iiiterest of or in arry public c o q x m y s h i d i n g   fundsand stockstand-
in his nanw in his own right, it s b d l be lawful for the Court, by writ-        ~~x~~   insO1vcnt's
ing, to order all persons whose act or consent is thereto necessary to
transfer the same into the name of the assignees, and to pay all
dividends upon the same to the Official Assignee, and all such
persons whose act or consent is so necessary are hereby indexunified
for all things done or permitted pursuant to such order.

    7 6 . Thnt no distress for rent made and levied after an act of                          s to
                                                                                  ~ ~ r cnot s be
                                                                                  available for more
 insolvency apon the goods and effects of any insolvent, whether                  than one yeals7srelit
 before or after the issuing of the fiat m the filing of the petition,            :-;dfpJ;;dJ;;-d

 year's rent

 he due shall be allowed to come in aa it creditor for the
 plus of' the rent due, and for which the distress shall
 available.




 any public or joint stock compnny, it shall be lawful for the
 Supreme Court, on the petition of the person entitled i11 possession
 to the receipt of thc rents, issues, and profits, dividends, intcrest, or
 prncluce thereof, on due notice given to a11 other persons (if any)
 interested therein, to order the assignee and all persons wllose act
 or consent thereto is necessary, to convey, msign, or transfer to such
 person as the said Snprernc Court shall think fit upon the same
 trusts as the said estate, intcrest, stocks, funds, and securities were
 sab,ject to befort. the insolvency, or such of them as shaU be then
 subsisting and capable of taking effect ; and also to receive arid pay
 over the rents, issues, slid profits, dividends, interest, and prod&e
 thereof as the said Suyremc Court shall direct.


                               +
     '78. That no title to an real or personal estate --- under any not to to pmpcrty sold
                                                         sold
  insolvency shall be impeac lcd by the insolvent or any person unless
                                                                          Titlea
                                                                                  be impeached,

  claiming under him, in wspect of any defect in the fiat or petition taken to annul, and
  for adjjudication, or in any of the proceedings under the same, urlless a d y prosecuted.
                                                                                                          5
                                                                                                          /I.
                                                                                                                         W' '
                                                                                                                -, / / / p

                                                                                                                            *
                                                                                                                             f i 3-
                                                                                                                                4

                                                                       ==TGF=--
                    I               I tile insolvelit sl~;lll,withill the tinw allowccl by this *Act, have com-
                                        .

                  O~tjrccnnxeyamecs   irlet~cedproeeedingy to dispute, dismiss, reverse, or imnul tlie fiat,
                                                     ,
                   ;~f'ad$rkicatio?a + p t i t i o ~ 0i4 adjudicatiol~, aud slrail have duly prosecuted tile
                    ovev certabz &S-
                    cri$ioa qf pro-
                   perty,
                                p-




                   'I'lx Court, sftar arlju-
                                                    79. That, after the adjudication of illsolvericy in any case sllnll
                  dication, may oltlcr           have been ttdvertiscrcl in tlie &outh Australiau G'owwrnent Gazettr.,
                  tiuasu~cr, or i i y t x t
                              &C.,
                                                 it shall be lawful fbr the Court to ortler any treasurer or other
                  of the insolvent, to de-
                  liver all moneys, &c.          officer, or iury banker, practitioner of the Suprerue Court, or other
                                                 agent of the insolvent, to p y over and deliver to the Oficid
                                                 Assignee, or to some bariking company, to his credit, all n l o ~ ~ e y
                                                 or securities for money it1 his custody, possession, or power as such
                                                 oficer or ssent, ancl which he is not by law entitled to retail1 as
                                                 against the insolvent or his assigtiees.

                                                      And with respect to transn,ctioi~swith the insolvcnt, a,tid execu-
                                                   tious against his propert-y u p to the time of his iuuolvcucy, or
                                                   within a limited time previously thereto, bc it Enacted;
                  I'nymvnts, convey-
                  m w e . contracts. BP..
                  c,xtution against                   80. That all payments redly and bonn fide made hy ally irisolre~~t,
                  larl(ls (if e x o u t c a
                  seizure), and nga~nst
                                               1   or by any p e r s o n ~ e h a l f ,belbrc the date ot'the fiat or lilhg of the
                                                                                       l,
                  gooils (if cxecutcd by yetition for ad'udication of insolvency, as the case Inay be, to ally
                  "'i"wm"'lv)~
                  vnlid, if no notice of
                                                   e-~su~&~$olvcnt            9 ;      all payuwilts really a d b u n a j d e inndo
                  priol a ~ t o f i n s o l v m ~ vto any insolvent before the date of the fiat or filiric of s u c l ~
                                                   .                                                        ',          netition :
                                                                  any insolvent b o m fide made and ;xecote{l
                                                                 fiat or the filing of such petition ; @ all
                                      contracts, dealin S, and tmnsactions, by and with ally illsolvent,
                                     really a i d b ~ ~ ~ u l i al d o
                                                                     n-             iuto before the date of the
                                      fiat or tilitlg of sue11 petition; $ all executions and ~ttachments
                                                                           a
                                      against the lands atid tenenmits of any insulve~~t JicZe executed
                                                                                               bosza
                                                     and
                                      by seizure; / all e x e c d o u s and nttaclrments against the goods
                                      n~rd chattels of m y il~solveiitb u m jde esccuted                 leviql by
                                      s&nre ?nd sale before the date of tllc &t or the f i l i i ~ ~ osuch      f'
                                                                                                   ~ n i-
                                       wtition dial1 he dccmed valid, n o t n i t l ~ s t a n an7~ p?     ;
                                                                                                   -
                                                                                W




                                      k ?voy
                                       %dec            bEcL     insolvent comn5ii:tcd : PiiivideTt re
                                                                             __




                                               i
                                                        -
                                                        R              I _---_I-




                                      dt%ng with such i~lsolvent,or p y i n g z o r b e u s y n ~ d such in-
                                                                                                       by
                                      solvent, or on whose suit or on whose account such execution or
                                      attrtchn~eut s l d l llave been isiued had-7 not at the time of su&
                                      payment, coovi'yaoce, contract, deihng, or transaction, or at' the
             ---71--3
                                       time of so                             such execution or ntti~ollment, or
         A-*                A                                                            n o t h o b n ~ z - i o act
                                                                                                                 r
         ' ~ x c q ~ t i o no f py-
 4-4        n.euts. e,~., v-ai
                             by        of iilsolvrnc by 11it~
                                            U*                 comtaitted : Provided a@i~~~iki&"i"
                                                         be ~ C P ~ I I P taken to give validity to any i~nylucnt,
&
/
&. /
      ?&L ,
     /%k p
 ,"h & ,A--
            fi dui~lkt      p~c&,_mra. c-
                               - < . or to any deljvery, deposit or tratlsfer uf any goods or cl1attFEii5de
                                A
                                                                ,
                                                                      or ~
                                                                     I-.
 + $ 2 z.. z ~                         by m y iusolvent, being a fraudulent p   -
                                                                                r
                                                                                e          of any creditor of snch
rV           t'
                                       insolvent ; or to any conveyar~ce-orequitabl; m o r t ~ m g ~ or given
                                                                                                     nlade
                                       by anv imolvelrt by way of' fraudulent pre er,=@             any creditor of
                                       such i"nso1vent; or to any exwxtion founded on a judgment, on a
                                       warraut of attorney, or co,qnovit actionern or Judge's ordcr ohtailled
                                       by consent, given by ally imolvent by way of frtludulcut preference.
   81. That no purchase froill any insolvent, bona fide and for D l v r s r o ~m.
valuable consideration, where the purchaser tirtd notice at the time Of'tmnsoctionsin-
                                                                        not afccted by
of such purchase of any act of insolvency by ~ u c binsolveut corn- solvency.
mitted, shall be irnpached by reason thereof, unlesq a petition for Buncc j d e purchases
adjudication of insolvency shall have beerl filed within twelve months not to be impeached
aftcr such act of irlsolverlcy.                                        by notice of act of in-
                                                                       solvency, unless poti-
                                                                               tion for adjudication
                                                                               be sued out within
   82. That every warrant of attorney to confess judgment and every            twelve months after
co,gnovit actionem, or consent to Judge's order, for judginent in any          act of insolvency.
personal action except ejecttnent, and every bill of sale for securing Of warrants of
a sun1 of money give11 by any insolvelit after tho conmencement of a ftorrwy, bills
this Act and within three months of' the filing of a petition for adjudi- o sale, @c.
                                                                            f
cation of insolvency by or against such insolvent, the insolvent, at the Certain warrants o f
t h e of giving such amrant of attor~wv,      coqnouit nctianenz, consent attorney, mgnw;ts,
to Judgc's order, or bill of sale, as the'case may be, being unable consent to judgment,
                                                                          and hills of sale, iven
to meet his ungagemeuts, mid every bilI of sale wheuever given! so within two mon& of
                   any goods of which the insolvent shall at the date of null ttndpetition to be
far as r e g ~ r d s                                                      filing a
                                                                                    void.
the adjudication ' be in ostensible possession, shall be deemed and
tidren null ancl void, whether the sttnie shall have been given by
sncli insolvent in contemplation of illsolvency or not : Provided that
nothing herein sh:tll afect bills of' sale under the said nientioned Act
KO. 4, 1855-6.
                                                           **.\?,
                                                                               Consent to Judge's
    83. That every Judge's order made by consent g ~ v c l .,after the
                                                              z                order to be registered
cornmencelllent of this Act by any deferidarlt in any personal action,         as warrants of attor-
                                                                               ney, &c.
                        ~ d
except ejectment., ~ r wllercby the plaiutiE in such wtion s l d be
;iuthorized forthwith, after the nlakiug of' such order, or at a future
h e , to sign and enter up judgment, or to issue or to take out
execution in such action, aud whether such order sliall be made
subject to anv defeasance or condition or not, shall be deemed
f'ra;duleut and void against the assignee of any i~isolvent,  udess the
same shall be registered in the inaniier prescribed for the registration
of warrants of attorney and copovit nctionem in and by ark Act of
theGovernor and Legislative Council of the said Province, msdcon the
19th day of 0ctobeC 1841, and beil~gNo. 8 of that +al; intitulcd
" An Act to provide for the Registration of Deeds, Wills, Juilg-
ments, Conveyarlces, and otlier 'Ir-rstruments."

  h d with respect to the choice of' assignees, and their rights w d Of the choice of
duties, be it Enacted :                                               assignees, their
                                                                                 rights and duties,

-84.   That, at the first public sitting under the insolvel~,cy, n t Assignecsofinsolvent'a
                                                               or
                                                                                    chosen
some adjournment thereof, assiqnees of tlic inrulvent's ;state and estate to be sitting. at
                                                                       first public
effects msy be chosen and aPp&ted, and all creditors who limy
have proved debts to the aniolxnt ofl'en Pounds, m d also any autbo-
rized agent of any snch creditor, sllall be entitled to vote in such
dioice, and the choice and appointment shall be niacle hv the
major pert in value of the creditors so entitled to vote,        that
the Court shall have power to reject any person so chosen who sball
appear to such Court unfit to be s u assignee, or to remove any Court may reject
         F2                                                 assiynec., unfit pcrsons.
                          ro
                D ~ v ~ s 111. ~         assignee, and upon such rejection or removal a new choice and
              O 'he
               f            M
               aasiunees. their
                                         appointment o another assignee shall be made in like nranner.
                                                      f
y   k   .y     righvta a& duties.
                                            83. That if one or more of the nrtl'tners of n fir111 be adiudged
                     creditors en-       insdvent, any creditor to whom h e insolvenr, is indebted joi;&ly
              titled t prove under
                      o
              separate estate for the    with the other partners of the firm, or any of thein, shall be elltitled
              purposu of voting in
              the choice of assigneeea   to prove his debt for the purpose only of voting in the choice of
                                         nssiauees, and of being heard, on tlre last esaminntion of the insol-
                                             "
                                                                        'discharge, or upou the class of catifi-
                                         vent, agaitljnst his in~~cedinte
                                         cate to be awarded by the Court at such last exarniriation, or of any
                                         of s~zcli
                                                 purposes ; but such creditor shall not receive any dividend
                                         out of the separate estate of the insolvent until a11 the separate
                                         creditors shall have received t l ~ full amount of' their respective debts.
                                                                             e
              Personal estate t o           86. That when any person shall have been adjudged nn insolventl all
              vest i assigneee.
                    n
                                         . his personalestate m d cfkcts, present and fi~ture,
                                                                                             wheresover the same
                                           may be found or knowu, a d all propcrtv which he may purchase,or
                                           which may reve~t.descend, he devised, or bequeathed, or come to
                                           him, before he shall have obtained a certiticxte barring the right o.f
                                           his assignees, and all debts due or to be due to lli~n,
                                                                                                 wheresover the
                                           same may he fourld or known, ancl tlle property, right, arici iuterest
                                         in such -debts shall become absolutely vested in tlie assignees for the
                                         time being, for the bendit of the cleditors of t!le insolveilt, by virtue
                                         of their appointment, and without atlv special order fi>r that pur-
                                         pose, and after sue11 appointment, n e h e r tlie insolvent nor any
                                         person claiming through or under him sh:dI h n w power to recover
                                         the same, nor to mnlie :my relei~seor discharp thereof, neither
                                         shall the same be att,:tcl~ed ns the debt of the illsolvent by any
                                         person, but sucl~assigaecs shd1 have lilw remedy to recover the
                                          same, in their own Y~RIIIPS, the illsolvent Lmsclf might have had
                                                                     as
                                         if he had riot been adjudged insolvent.
               R V estate
                     ~      to reat in         87. T bat when any person shall have been udj.ljuc1ged an insolvents,
               wigneea.
                                           all lands, tenements, a d bereditnments, in the said Province, to which
                                                                                                     _-__-
                                           a i i i - i 6 a ~ < n T i s ~ t i t l e ~ i m all- his _ interest therej!,'
                                                                     e                   T                             mid all
                                             laid^, tenen~ents, and hercditanieni8C wllereof the inso-
                                                                                                -
                                           selsed-of any $sta,te- ill ~posscssio~~,
                                           - .
                                                                        tail                      revcraion or remai~~der,and
                                           all such l a d s , tenemcut S! a r d herediti~ments, as he shall ,urchsse,
                                                                                                            to,-
                                                                                                            -h
                                          .or shall d'esccnd, be clewsed, revert to, or come -- ? suc rnsolvent,
                                            ..
                                           b'efore -he shall have obtained n certificate barring the ricrht of his


                                          being, for the benefit of thedcraditorn of the ins'blvent, bv virtue
             AA'
             )
                                          gf thdr ~ppointment without m y deed of conveyance
                                          p w e < p , ? l l d G d$n as a=-assi,4ieZTr           ass~gnee~sllall die
                                          or be l~wfidly     rcmoved or disgaced, rtud a new assignee or assignees,
                                          shall be duly appointed, such of the aforesaid real estate, as shall
                                          remain unsold or uaconveyed, shdl, by virtue of such nppoiutment,
                                          vest in the new assignee or assi=@, a t h e r aione or jnintiv with the
                                          exEEng assignees, as the case may require, without any ebnvegance
                                          fur that pnrpose,                                                                  -
                                                                                                                   88. That
                                                                         .Jtogistn~tionof ccr-
                                                                         tificsto of appoint-
                                                                         ment of assignocs to
                                                                         have eEtlct of ~ v g i s -
                                                                         trntion of convcyance
t o n l l intents and purposes,                                                oh
                                                                                e
                                                                         i'roiii- t


rsuch urorwtv. for valuable cclnsideration. without notice of t?l
      I  1
insolvellcv, 6l;o shall have duly registered' his purcllaue-deed, pw
view to the ngistry hereby directed, shall not be invalidated by
reasor1 of s w h nppvintmcut of assignees, or of the vestiug of' such
property in thein, conscqnent tliereupon, unless the certificate of
such appointment sllall be registered w i t h two months froill the
dgte of' such appointment.




   91. T h u t if the assigtlecs of the estate and effects of any in-     I l l s o l ~ n t liable to
                                                                                           not
                                                                          rents and wvenants if
 solvent 1r:zviug or beiilg entitled to ally land, either under a         u a s i ~ c c , s c ~ r p ,.on-
                                                                                          a         t
 privcPnce to 11im in fee or under an agreement for any such               vc~Y"orlcaa
,convevniice, subject tc) anYLPj+-Y etunl early rent served by such
                                 lr
                                or
convkance ~ r ~ ~ r e e r n e n t ,aving or being entitled to any lease'
or arrreement for a lease. s a l d e c t to take such land or the 6iGGfIt
     d

of snch co~wcynnceor i g r e e 5 r such lease or agreement for a
lease, as the case may be, the insolvent s l d not be liable to pay
                                          _ ________--
m y r e i ~ accruing after the issuing of tlle fiat or filing of the petition
             t
fo; adjudicnt,ion of insolvency against him, or to be sued in respect
of any subsequent non-observance or iion.perfurn~ance of the con-
clitions, covenants, or agreements, in ally such conveyance, or
agreement, or lease, or agreement for a lense ; and if the assignees rf asdgneesrcfuse, in-
 &all decline to tuke such laud or the benefit of such conveymce or ~                    ~                  ~
                                                                           l
agreement, or lense or agreement for lease, the irrsnlvent ~ h d not convcynncu or hana
 bc liable if' within fourteen days after he shall have had notice that
 tlw assignees h:we declined, he shall deliver up such conveyance or
 ~ q ~ e e r n e nor lease, or ,qreerne~lt for lease, to the person then
                  t,
 &titled to the rent, or            so agreed to convey or lease, as the
 case may be; or if the insolvent shall be so entitled as tranferee or
                                                                     assignee
              :
                       olvlsloa Irl.
                     Oj'the choice o
                                   f
                                               assiqnee of a conveymce in fee or lease as aforesaid, hc S ~ I H I I ,lot
          '   pc*     ,              , ,       be lrnble if, within the like peri,od of fburteeti days, he shall have
5   "=%                "    6nddutdes.
                      ~"iqht8                  delivered, or shall have bona fide ende:tvored to deliver uu. and con-
                                                                                                                   I '

                                               t i m e ready and willing to &liver up the conveyance or lease, to-
                                               vether witlr the transfer or assigniuent t-hereof, to the person traus-
                                               3
                                               ferring or nxsignins the same to him: Provided that, upoii the
                                               the neglect or refitsnl of tltc assignees (upoti being thereto re-
                                               quired I to elect, whether tbep will accept or decline such land or
                                               conveyance, or agreewent for conveyance, or sucli lease or agree-
                                               ment for a lease, ariy person entitled to sucli rent, or having so
                                               conveyed or agreed to convey, or leased or agreed to lease, 01 any
                                               pergm claiming under 1   -
                                                                        e                 entitled to a lv to tlie =rt ;
                           mayordorthrm
                    to elect.                  I
                                               a d the Court may order them to e ~ - 1 T n & ~ e I r
                                               veyauce or agreement for conwyance or lease, or a@eeinent for
                                                                                                                      coo- '

                                               lease, in case they shall d e c l i ~ ethe same, and the possesLdouof tlic
                                               premises, or may tnalie such other order therein as it shall think fit.

                    Vendor of estntc in
                    lands n ~ n ycompel           92. That if any i~isolvent   shall have eutered into any agreement
                    as*iignecv t o clt.ut
                    *hether they will
                                               for the purchase of any estate or interest in land t h velidor tliereot;
                                                                                                       ~
                    .&pe    by ur                             claiming uader him, if the assiyi~eesshell not (upoe
                    w * c ~ m c . nfor sale.
                                    t                        required) elect wl~etllcrthey will abide by and ex-
                                                                         or nhatidou the
                                                                             thereupon orcler
                                                                                 of the pre~ilises the verdor or tlie
                                                                                                 to
                                               person claiming unaer him, or may nLlie socli other order tilereill
                                               as the Court shall thiiik fit.
                                                   W




                    ~ ~ a i a c e ~ m a ~ e x c c ~93.c
                    powers vested in in-
                                                    ~t    That all powers vested in arly iiisolvc~lt
                                                                                                   wl~icllhe way legally
                    ctdveut.                   execute for his own benefit 111ay Ise executcd b y the assignees for
                                               the beuefit of the creditors, ill such 1li;tnlier a s the iiisolvet~t       might
                                               have executed the same, a ~ m y salt of auy estate tail sllall he
                                                                                  d
                                               good agaiust the insolvent, arid the issue of' 11isbody, a i d :~gainst        311
                                               persons claiining under llini after lie ~ C C I L ~ I I iL~ w d v e r ~ t .
                                                                                                         '




                                                                     -+
                    court
                    eoivent to joiu in in-
                                       con-
                                                  94. That it sliall be lawful for the Court, upon the application of
                    veynncew.                  the assignees, or of an nrchnscr fkoin them of sny part of the
                                               insolvent's estate, if such inso vent shall -not try the validity of
                                               the adjudication, or it' tlicre s l d l have been n verdict at law
                                               establisliing its validity, to order the insolvent co join in ur~y
                                               c m i l o c e of such estate or any part thereof; and if he shall
                                               not execute such conrepnce within the time directed by the order,
                                               such insolve~~t. all persons claiming uxider h n , dial1 be stopped
                                                                 and
                                               from objecting to the validity of such conveyance, and all estilte,
                                               right, or title, which such insolvent hacl thereiu shall be as eff'ectuaily
                                                       by
                                               b~rred wch order as if such convejancc had been executed by
                                               him.
                    IIaldw of rqa~tablo           95. That, in case of e@taMe mortgages, the ikiortgtgee there$
                    mortgoge entitled to
                    aeli.                      shall be entitled to sell the property comprised in such secnrity by
                                               plthlic aoction rrithorlt m y special order of the Court, upon givwg
                                                                                                            fuutteeti
  Drv~sros111.            by way of remuneration for their services as such assignees: Pro-
Of t h choice o
              f           vided that any sum so allowed shall, be approved by the Commissioner
 assignees, their
 rights a.& dutiea.       and shall not exceed two and a-half per cent. upon the amount
                          applicable to the purposes of a dividend at such meeting.
Jn caae of a member
of a f r becoming in-
      im
                                99. That if any person adjudged insolvent shall, a.t the time of
solrent, the c o b           the adjudication of insolren'cy, be a meruber of a firm, it shall he
map authorize action
or suit in the name          lawful for the Court to authorize the assiguees, upon t,heir appli-
of the asbignoce and         cation, to conmence or prosecute any action at 1:iw or suit in equity,
partner.
        remainbg             in the name of wch assignees and of the remaining partner, against
                             any debtor of the partnership, and such judgr~rcnt,dccrcr, or order
                             may be obtained therein as if such actiou or suit had been instituted
                             with the consent of such partner, and if such p:irtncr shall execute
                             any release of the deht or clemaitd for which such action or suit is
Partnertohavenotice,          instituted such release shall be void: Provided that every such
and be at liberty to
show cauee.                   partner shall have notice given him of' such :tpplication, and he a t
                              liberty to dmw cause against it, and if no benefit be claimed by him
                              by virtue of the said proceedings, s l d l be iudemnified against the
                              p a p e ~ of any costs in respect of such action or suit in such maimer
                                         ~t
Court may direct
partner to have part
                              as the Court may direct, ar:d that it shall be I~wful such Court,
                                                                                      for
of the proceeds.              upon the appliciition of' such partner, to direct that he mav receive
                              so nmch of the proceeds of such actioil or suit 2 s such court shall
                                                                                 1
                              direct.
A~signees  may insti-           100. That the assignees may commence, prosecute, or defcnd a n y
tute or defend actions
at law.                      action at law or suit in equity which the insolvent might h a 6- -

                                          _ancl
                             co~rimeucecl prosecuted_or dcfendGJ, a i ~ f i x ~ case the costs
                                                                                  such
                                                                                 -L
                             iioffhicllthey may hr put in r e s p ~ i ~ t such suit or nctiou n l d l be
                                                                          iif
                             allo\+-ed out of the proceeds of thc estate aid effects of the
                             insolvent.
May take composition     101. That the assignees nmy take snch reasonable part of any
and refer disputes,                                                           -----
                                                                                ---FT-
anti ,H debb due to    debts due to insolvent's estate as may b.y co~nposlt~on gotten, or
                                                                                he
insolvent's m a t e .  may give time, or take security for t8hepnyulcrlt of' such debts, aud
                       m& submit to arbitration any difl'erence or dispute Illetwen the ns-
                       @Lees and any other person-for or on account; or hy reason of any
                       thillg relating to the estate and effects of the insolvent: That th;
                       assignees, under the direction of the Court, may sell and assign
                       such debts and other property, and also the hooks of the insolv&t
                       relating to his trade, dealings, or estate, in such rnmner and subject
                       to such conditions RS shall be ordered by the Court, and any pcr-
                       solr to whom auy SUC~Idebts shall be so sold or assigned, may sue
                       for the same in his own name ar fully as the assign'ee of such in-
 Agreement to refer to solvent might have done.        That if' the assignees shall a,gree in
 be a rule of the Su-
  reme court.          manner aforesaid, to refer any matter in dispute to arbitration, such
                       agreement of reference miky be made a rule of the Supreme Court,
                       whether such ngreerneut contains a clause to that effect or not.
    fiat, petition, or ad-      102. That all persons from whom the assignees sball have re-
      ,
 judicatlon wmuiled,
 ,
 whom a s s i ~ e e haw
                    s
                              covered any r e d or personal estate, either by judgment or decree,
                              are hereby discharged, in case the fiat be afterwards superseded, or
                                                                                               the
the adjudication of i r d v e n c y or petition for adjudication be after- 3xvrs1os m.
wards annulled, reversed, or dismissed, from all demands which may O 'the choice 0'
                                                                            j
                                                                            assiyrzec,c, their
                                                                                               7
thereafter be madc in respect of tlm same by the person against vights a d duties.
whom such adjudication was made, and all persons claiming under
                                                                                        or who
him, and all persons who shall, without action or mit, hona,fide de- recovcr~d, i d have
                                                                          h ~ j d e p r t assignees,
liver up possession of any real or personal estate to the assignees, discharged from c l ~ i l n a
                                                                          by insolvent.
or pay any debt claimed by them, are hereby discharged from a11
clail11 of any such person as nfbresaid, in respect of the same, or any
person claiming under him : Provided, the persons so deliverirlg up
m y real or personal estate, or paying any debt, shall not have had
notice of an action, suit, or other proceeding to dispute or annul
the fiat, or adjudication, or petition for adjudication, and such action,
 suit, or other proceeding shall not have beon conmenced and pro-
 secuted within the time and i11 the u~anner     allowed by this Act.

   103. That if any assignee, indebted to the estate of which he is If assigncc indebted
                                                                           to insolvent's estate
such assignee in respect of money, being part of the estate of the bt:cotnc insnlvcnt his
insolvent retained or employed by him, hecome insolvent nrld obtaiu certific~tnnot todebt.
                                                                           clams for mch
                                                                                             bar
his certificate, it shall have the effect onlv of froeine; his person from
                                              effects (l& tools of trade,
arrest and in~r,risonment.but his f i ~ t u r g
nevessary ho;sehold              and the necessary &wing apparel oi'
himself, his wife, and children excepted) shall remain liable for 80
much of his debt to the c ~ t n t eof which he was assignee, as shall
not be paid hv dividends under his insolvency, and for interest at
the rate ol ei&t pcr cent. per annurn on the whole debt. In case of
the death, insolvency, absence from t3hesaid Province, or any other
incapacity, of any trade assignee, the Official Assignee shdl cause
an advertisement to be inserted in the Gozwrnment Gwzette calling
a meeting of the creditors of any insolvent. within a period of not
less than twenty-one days from the first insertion, to choose itnotber
 assignee or other assignees in the place of the assignee or assignees
 so dying or becominq disqualified ; and the appointment of such as-
 siqnee or assignees, i o chosen by the creditors, shdl vest the estate
                                or
 and effects of anv insolven~ insolvents in the assignee or assignees
 so appointed in the sarre manner as such estate and effects were before
 vested in the assignee or assignees so dying or becoming disqualified,
 and the appointment so made shall be evidence of such death or other
 disqualification therein stated.
   104. That wheuever an assi~nee      shall die, resign, or be removed, suits not to abate by
 or a new assignee shall be chosen, no action a t law or suit in equity, mmOyal mignceh
 shall be thereby abated, but the Court in which anv action or suit is
 depending may, upon the suggestion of such deatb, resignation, or
 removal and new choice, allaw the name of the surviving o r new
 assignee t o be substituted in the place of the former, and such action
 or suit shall be prosecuted in the name or names of the said sur-
 viving or new assignee or assignees, in the same manner as if he
 had originally commenced the same.
   105. That if the assignees commence any action or suit for any
 money due to the insolvent's estate before the time allowed for the
                                                           insolvent
          DEVISIOX
                111.             irisolvent to dispute the insolvency shall have elapsed, any dcfe~tdatlt
         f
        O the choice qf          in m y such action or suit shall be entitled, tifter notice given to the
         ddsGnees,  thekr
         rights and duties.      assignees, to pav the same or any part thereof into the Court in
        Tf the assignees com-
                                 which such action or suit is brought, and all proceedings with
        mmae action before       respect to the money so piid into Court shall thereupon be stayed
        time d o w a d to dis-
        gute the imolvency
                                 until such time shall have elapsed, and if wit.hin that time the
          a elapsed, debtor to
           3                     insolvent shall not have commenced such action, suit, or otlier
        estate may pay money     proceeding as allowed by this Act, and prosecuted the same with
        into Court,
                                 due diligence, the money shall be paid out of Court to the Official
                                 Assignee ; but otherwise shall abide the event of such action, suit,
                                 or other proceeding? and upon such event shall be paid out of Court,
                                 either to the Official Assigrm or the persou acljutlgecl insolvent,
                                 as the Court shall direct, and after such payment of money so
                                 niade into Conrt, it shall not be lawful fbr the person ,so adjudged
                                 insolvent to proceed against the defendant for recovery of the sane

        Limitation of action.       106. That every action brought against any person for anything
                                 doue in pursuance of this Act sh;lll be coin~nencedwithi11 three
                                 months nest after the fact committed, and the defendant in a,ny
        Qencral issue.           such action may plead the general issue, and give this Act, and the
                                 special matter in evidence, at t l ~ c
                                                                      trial, and that the same was done
                                 by authority of' this Act, and if it shall appear so to have been done,
                                 or that such action was commenced after the time limited as afore-
                                 said for bringing the same, the jury shall find fbr the defendant,
                                 and if there be a verdict for the def'end:tnt, or if the plaintiff hhall
                                 be nonsuited, or discontinue his action or suit, after appearance
                                 thereto, or if upon demurrer judgment dial1 he given abaiost the
                                 plaintiff, the defendant shall receive full and rcasonnblc indemnity
                                 as to all costs, charges, and expenses illcurred in aud about any
        Costs.                   such action as shall be taxed by the proper officer in that behlf,
                                 subject to be reviewed in like rnaniler aud by the same authoritv
                                 as any other taxation of costs by such officer.

                                   With respect      to the insolvent's last examination, be it
                                 Enacted :
'
V          nmrs~owIT.              107, That, at the sitting appointed by the Court for the last ex-
         O f m c bks?'en!a      amination of the insolvent and at every adjoorned sitting thereof,
          last e.zatttznatzon
          and t h e certijcute  the Court shall examine into the balanie-sheet and schcdulc of tho
        , uf the cuul.t.        insolvent, and into his dealings and transactions, and as to his pro-
         I                      perty and effects, upon the oath of the insolvent and of such parties
                                 a
         Court to examine the
    S



         insolvent as to %,is   and other witnesses as the Court shall think fit to examine there-
         schedule and ddings. upon, and shall reccive the report of the accountant thereon ; and it
                                shall be lawful for the official and trade assignees or either of them.
         Creditors, h ~ v i n g and for any creditor of the insolvent who may have given such notice
         given notice, may ex-
                insolvent       thereof to the insolvent as may be requircd by any gencr~,ruleq to
         mitlresscs, and be
         henrd respecting his
                                be made in pursuance of this Act, to be heard respecting the certi-
                     anclimpri- ficate to be arvarclcd to such insolveiit, and respecting the adjudging
        aonment.                such insolvent to be imprisoned as hereinafter nientioned, and for
                                that purpose to put such questions to sudi iinsolvcnt and examine
                                                                                                   such
such witnesses as the said Court shall think fit, touching the dealings
and transactions of such insolvent and his property and effects.
                                                                             a d the cerl$~atr
   108. That, after such examination as aforesaid shall have been            o f t h e Court.
finished, the 'said Court shall award to such insolvent a certificate of    CA
                                                                             to              ~ r a -
the Court as hereinafter enacted, and thereupon the mid insolvent, if      cBte.
in prison for debt, shall be discharged, and if out on bail, the recog-     Rewni-ce of in-
                                                                            solvent'~suretiea dia .
nizances of the sureties of the insolvent shall become void.                charged.

   109. That the Official Assignee shall, nine days at least, before Officiamsignee to
the sitting appointed by the Court for the last examination of the give notice tocrediton
                                                                         .ning for bt
insolvent, except in cases in which the said Court shall deal sum- a-tion.
marily under the provisions hereof. cause notice of such sitting to'be
given, by such means as shall be directed by any general rule to be
made in pursuance of this Act, to every creditor of the insolvent
whose debt shall amount to the sum of Ten Pounds, or to the agent:
of each creditor who shall be resident out of the said Province, so far
as such creditor, or such agent, or the addresses of such creditors ;and
agents shall be known to him.

   110. That, if any insolvent shall have committed any of the ~ ~ ~ s                                      ~       $   ~   ~
offences hereinafter enumerated, the Court may, at the time of not exceeding three
                                                                      years,
awarding the certificate of the Court to such insolvent, whether such ofen,,, for certnin:-
certificate be that awarded after the last examination of such insol-
vent, or one awarded in lieu of a certificate that has been recalled
in pursuance of this Act bv ordcr under the seal of the Court,
adjudge such insolvent to be hnprisoned at the suit of the assignees
for the time being of his estate and effects, as such judgment credi-
tors as hereinaft2r mentioned, for any period not exceeding, in the
whole, the period of three years, to be computed from the dhte of
such order, and which order shall be in the form in Schedule W to
this Act annexed, and the nlessenger of the Court shall, upon re-
ceiving the warrant of the Court thereon, lodge the insolvent in the
Adelaide Gaol ; and, further, that the Court, in awarding the clam
of certificate, or in suspending any certificate, may take into con-
sideration the commission of any such offences, and the punishment
(if any) awsrded therefor :-

  First. That if the insolvent shall, at any time, in contemplation         Deatroyingbop~s,p ~ -               g
                                                                            pers, and wrltlngs
       of or after ad~udication insolvency with intent to conceal
                                   of                                       rnlatLg to
       the state of his affairs, or to defeat the objects of the Law of
       insolvency, have destroyed any book, paper, deed, writing, or                                  1
       other document relating to his trade, dealings, or estate:                                       5


  Second. If the insolvent shall, with the like intent, have kept or        MakingfrandllIent
                                                                            entries in, or faleifgin&
      caused to be kept false books, or have made false entries in,         any books relating to
      or withheld entries from, or wilfully altered or falsified my
      book, paper, deed, writing, or other document relating to his
      trade, dealings, or estate:
  Third. If the insolvent shall have contracted any of his debts by         Contracting debt by
      any manner of fraud or by means of fdse pretences, or s h d           meam of fraud.
      by my manner of f aud or by means of false pretences have
        ~2                                                 obtained
       Drvrsros tv-         .
                            ,        obtained the forbearance of any of his debts by any of his
     0 )the inso?vsnt's              c~editors   :
         examiiiit tion,
      2agt
"and     the certkficate        Fourth. If the insolvent shall, at any time within two months
      o &fie ComL
      f                              next preceding the issuing of the fiat or the filing of the
.. fi\ldulent profercnco.                                          of
                                     petition for ~djudication insolvency, fraudulently, in con-
                                     templation of insalvency and not under any pressure from
                                     any of his creditors, with intent to diminish the sum to
                                     be divided among his creditors, or to give an undue pre-
                                     ference to any of his creditors, 'have paid or satisfied ally
                                     such creditor wholly or in p r t , or 11ave made away with,
                                     mortgaged, or charged any part of his property of what kind
                                     soever :
     Concealing debts or        Fifth. If the insolvent shall at any time after the issning of thc
     property.
                                     fiat or the filing of the pctition for acijx~dieation insolvency,
                                                                                          of
                                     and with intent to din~inish     the sum to be dividccl among hi?
                                      creditors, have conccaleri fi-om the Court, or his assignees, any
                                      debt due to him, or have concealed or made away with any
                                      part of his propcrty of what kind soever :
     Accounting for pro-        Sixth. If the insolvent shall unclcr his i~iaolvency, at any mect-
                                                                                         or
     yerty by fibtitiov.
      088$8.                          ing of his creditors within thrcc months next prccecling the
                                      issuing of the fiat or the filing of the petition for ac1,juclication
                                      of insolvency, have attempted to account for any of his pro-
                                      perty by fictitious losses or expmlucs:
     Vexatiously defending      Seventh. If the insolvent shall, within six months next preceding
     any action.
                                      the issuing of the fiat or the filing of the petition for adjjuili-
                                      cation of insolvency, h ~ r - c pot i l y of his creditors to any
                                      unnecessary expense by any vexatious and frivolous rlefence <W
                                       delay to any suit for the recovery of any debt or demand
                                      provable under his insolvency, or s l d l be indebted in costs
                                       incurred in any action or suit so vexatiously brought or
                                       defended :
      Withholding any            Eighth. If the insolvent shall at any time after the issuing of the
      books. &c.
                                       fiat or petition for adjudication of insolvency have wilfully
                                       prevented or withheld the productioil of any book, paper,
                                       deed, writing, or other doclmwnt relating to his trade, dealings,
                                       or estate :
      Omitting to keep           Ninth. If the insolvent shall have wilfully and xith the intent to
      books, or keeping
      thorn imperfuctly.                conceal the true state of his aEaiw have omitted to keep yro-
                                        per books of acconnt, or shall wilfully and wit11 intent to
                                        conceal the true state of his affairs have kept his books h-
                                        perfectly, carelessly, and negligently.
      Losing in one day by       Tenth. If the insolvent shall at any time within one year next
      gaming 620, or in one
      year $200; losing                 preceding the issuing of the fiat or the filing of the pctition
      8200 in makin time                for adjudication of insolvency have lost by any sort of
 "
                     k
      bargains for sa e of
      &tuckor shares.                   gaming or wagering in one day Twenty Pounds, or within
                                        such year Two Hundred Pounds, or have lost Two Hundred
                                        Pounds by the purchase or sale of any Government security
                                        or stock, or any stock or shares of any public or joint stock
                                        company, or by time bargains, by which he agreed to pay or
                                        receive fine or difference in value of merchandue, without a
                                        hand f i e sde or delivery, when such contract was not to
                                        be perfumed within fourteen days after the contract},or when
                                                                                                         the
       the security, stock, or shares bought or sold was not actually            nrvrsrorr w .
                                                                              tlf the insolrwtl'r
   S

       transferred or delivered in pursuance of such contract.                    Znst examination
                                                                                  and the cert@catr
  And with respect to the certificate of the Court, be it Enacted:            .
                                                                                  o the COUY~.
                                                                                   f
                                                                                  -- --       -- -         -
                                                                                                         .. .


   11 1. That if any insolvent shall hive made a full disclosure of his ~irat-clas8certificate.
estate and efi'ects, ancl in all things conformed to the law of
insolvency, and have conclucted himself to the satisfaction of thc
Court since his surrender, and if the C'ourt shall be satisfied that his
jnsnlvency has arisen from mat-oidable losses and misfortune*, the
Court sliall award to the insolvcnt a certificate of the Court to be
called a first-class certificate, which certificate shall discharge the
insolvent from all debts due by him when hc became insolvent, incl
from all rlaims ancl demands made provable under the insolvency,
and shall be in the form in Schedule X to this Act annexed.
    112. 'I'hat if any insolvcnt shall have rnude a full disclosure of his Second-clms certi-
estate a d effects, and in all things conformecl to the law of insol- fioato.
vency, but shall not have entirely cunductecl himself to the satisfac-
tion of thc Court since his surrci~iler, if his insolvency has not
                                            or
wholly arisen f'rom unavoidable losses and misfortunes, or if the trade,
business, or employment of the insolvcnt has been carried on without
popes supervision, or without keeping proper books of account, or
it' he has postpulled lonper than was excusable the coiumitting of an
act ol' insolvency by flliug a der:laration of insolvency, the Court
shall award to such insolvent a certificate to be called a seconil-
clnss certiiiclzte, and which sl~all    discharge the insolvent from all
 debts due by him whcn           becarnc insolvent, and f'rom all claims
and drmands rnadc: provable under the insolvency? and shall be in
 the form in Schedule Y to this Act annexed ; and thc Court is May besuepended for
                                                                            two YURTS.
 hereby fnrther empow~rctlto suspcnd the operation of' such certi-
ficate, so far as regards the ii~tureestate mci effects of such insol-
 vent, fox a period not exrceding three years, and thereupon shall
 order such certificate to bc retained iu Court during the period of
 such suspension.
    113. That if any insolvent shall not have made a full disclosure of ~hird-classcerti8catb.
 his estate and effects, or otherwise, to the satisfitction of the Court,
 conformed to the law of insolvency, the Court shall award to such
 insolvent a certificate to be called a third-chss certificate, and which
 certificate shall cliscbarge the insolvent from all debts due by him
 when he became insolvent, a ~ t d   from all claims and demands made
 provable under the insolvency, but the future estate and effects of
 such insolvent shall at any time be lihble to be seized and taken in
 execution by the assignees for the time being of his estate and
 cf'ects as such judgment creditors as hereinafter mentioned, and
 which certificate shall be in the form in the Schedule Z to this ,4ct
 annexed : Proviclcd, that such certificate shall not entitle the insol-                     1       a




'vent, who has been adjuclged to be imprisoned at the suit of the
 assignees, to be clischarged out of custody.
    114. That no certificate awarded to any ineolvent shall release or            Partners, sureties, a d
                                                                                   oint contraotors, liot
 discharge m). person who was a partner with such insolvent, or' any               iachargrd by certifi~
                                                               person             Gate*
   D~ls~ok                person who was jointly bound with, or had made any joint contract
     liie
  last examinatkn         with such insolvent in respect of any debt or demand from which
        the               such insolvent is discharged bv such certificate.
  o the Court.
  f
contract OF security to      l 15. That any contract or security made or given by an? insolvent
induce creditors to       or other person unto or in trust for any creditor as a consideration,
forbear opposition,
void.                     or with intent to persuade such creditor to forbear opposing the
                          awarding a first or second-clas certificate, or to forbear to petitioa
                          for the recall of any certificate already awarded, or to forbear being
                          heard respecting the adjudging the insolvent to be imprisoned, shall
                          be void, and the money thereby secured or agreed to be paid shall
                          not be recoverable, and the party sued on such contract or security
                          may plead the general issue, and give this Act and the special
                          matter in evitlence.
Insolvent not liable          116. That no insolvent, after his ccrtificate shall have been
upon any promise to
 ay debta diwhnrsod       <awarded to him, shall be liable to pay or satisfy any debt, claim, or
iY certificate.            demand provable under his insolvency, or any part of such debt,
                           claim, or demand, upon any contract, promise, or agreement, made
                           aftcr the issuing of the fiat or filing of' the petition tbr adjudication
                           of insolvency; and if any insolvent he sued upon any such con-
                           tract, promise, or agreement, he may plead the general issue and
                          give this ,4ct and the geneid matter in evidcnct..
Inwlvent, having ob-
tained his certificate,
                             117. That ;my insolvent who shall, after his certificate shall have
free from arrest.         been awarded, be arrested, or have any action brought against him
                          for any debt, claim, or demand, provable under his insolvency, shall
                          be discharged upon entering an appearance, and may plead ill gene-
                          ral that the cause of action accrued bcf'ore he becaruc. insolvent, and
                          may give this Act and the spw:id matter in evidence, and the ccr-
                          tificate of the Court shall bc coliclusive evidence of the insolvency,
                          petition for adjudication o f insolvency, ant1 other proceeding prece-
~ertiticrteto be evi-     dent to the date of sur:l-r certificate : and if anv such insolvent
dento of                  shall be taken in execution, or detained in prison for such debt,
venay and proceedings,
~ n insolvent t&en in
     d                    claim, or demand, it sh'all 1)e lawful for any Judge wherein judg-
execution may be dis-
charged.                  ment has been so obtained, on such insolvent's producing his certi-
                          ficate, to order any ofticer who shall have such insolvent in cus-
                          tody b y virtue of such execution to discharge such insolvent without
                          exact& a n y fee, and such officer shall be hereby indemnified for so
                          doing.
Certificate not to be
debvereil to insolvent
                           118. 'I'liat no such certificate sl~all delivered to the insolvent
                                                                  be
until after expiration  until after the expiration of the time allowed for entering an appeal,
of time for appeal, and and if an appeal be duly entered against the judgment of such Lourt
if ap eal duly entered,
cer$cate to be fur-     for the class of the certificate, or the suspension thereof, and notice
           bytheCourt thereof to be given to the court in suih manner as may by any
to sbide the jud
aftbe Bupreme $" general rule or order to be made in pursuance of this Act be directed,
                  ourt.
                        :he certificate shall be further kept by the Court, and abide the
                        judgment of the Supreme Court thereupon, and upon any appeal
                        duly entered and prosecuted relating to the certificate or to the
                        judgment of the Court as to any offence under this Act charged
                        against the insolvent, the Supreme Court shall have power to rescind
                        or vary the order of the Court below, or to make euch other order
                                                                                       thereon
 thereon as it may think fit, and upon an order for the award 04 D ~ V I S I O N    IT.
                                                                       Oj' the imolvetat's
 any class of certificate by tlw Suprcnic Court, and whcther with last examination
 such conditions or not, or after a suspension thereof by order of the nnd the rertgcnte
.Supreme Court or not, such certificatc shall be signcd by the Court o the Court.
                                                                        f
 below.

 ,  119. That the class of certificatc awarded by the C'ourt, and any           Awmd of oertificate
                                                                                and susponsion of any
order for the suspension of any certificate, and thc judgrncnt of the           ccrtiticato and judg-
                                                                                ment of the Court,
Court as to any offence under this Act charged against the insolvcnt            except in casc of ap-
except in case of appeal shall bc final and conclusive, and shall not           peal, to be final and
                                                                                ronclusive, unless ob-
be reviewed by the Court unless the C'ourt shall thereafter see good            taincd fraudulently.
and sufficient cause to believe that such certificate, or the suspension
tllereof; or judgment of the ('curt has been obtained on false
eviclenc~,or by reason of an improper suppression of evidence, or
has otlrerwise Been fraudulently obtained, in any of which cases it
shall and may be lawful for the Court, upon the application of the
insolvent, or of any creditor of the insolvent, and subject to such
order as to deposit of a sum for costs, and to such notices to the
insolvrnt and to creditors, by adrertisement or otherwise as the
Court slrall think fit, to grant a rehe          of the matter, and to
rdleur the simie accordingly, and upo           h rehearing the Court
shall mrzke such order, as to the class of certificate, or the
suspex~siion thereof, or judgment of the Court, as tllc justice of
the case rnay require in like manner, upon like conditions, ancl
having regard to the like circumstances as far as the case will admit,
;LS upon an original hearing, and in casc thc certificate lxeviously
awartled slrall nut upon such rehearing be confirmed, such certificate
shall have no force or effect whatever, and the same shall be
              up
d c l i v e ~ d to the Court ancl cancelled.

     120. That, when any insolvent shall have passed his last exami-            Assignees decmcd
                                                                                judgrncnt cwditors of
  nation, the wsignces for thc time bein6 of his estate and effects shall       insolvcnt for total
  be drernerl judgment creditors of such insolvent for the total amount         amount of his debts.
  of' the debts whlch shall, by the accounts relating to the insolvent's
  estate, appear to be due from him to his creditors, and the Court,
  when it shall suspend any certificate, or award a certificate of the
  third class, shall, on the applicntiou of such assignees, grant a
. certificate, under the seal of the Court, in the form contained in
  Schetlule Aa to this Act annexed, ant1 every such certificate shall
  have the effect of a judgment entered up in the Supreme Court, and
  the assignees rnay enter up judgment in such Supreme Court ; and if,
  a t any time, it, shall appear to the satisfaction of' the Court that such    IIow proceedings to
                                                                                llc taken under such
  insolvent is of ability to pay such debt, or any part thereof, the            judgment.
  Court may permit execution to be taken o ~ i upbn such judgment,
                                                      t
  either for the whole amount of such debt or for such sum of money
  as, u~ider the circumstances of the case, the said Court shall order,
             all
  and such further proceetlings shall and may be had upon such judg-
  ment as may seem fit to the discretion of tlre Court, f r o n ~     time to
  time, until the whole of such debt sllall be fully paid and cliscllargecl,
  together with such costs as the said Court shall think fit to award,
  and no scire facias shall be necessary to revive such judgment on
  account of any lapse of tinre, but execution shall, at a11 times, issue
                    12                                               thereon
               I~~~OIBION    IV.    therpm by virtue of the order of the &aidCoirrt, anrl the prodnction
            'pfh stheezutnhavtion of any such certificate, with the order of the Conrt, to the proper
                  t
                       h80hwrt's
              ,d aaCPrt;ficat, of the Snpreme Comt, shall be ~ufficirut
                E


               ,                    officer                                               authnri!! to him to
               of the G W ~ . isme and seal the necessary writ : P~ovirledalways, that, in case
                           -   ~
                                    such application against such insolrent slid1 appear to the ('orlrt t o
                                    be ill-founded, or vexatious, it shall be lawful for the said I'oiart rot
                                    only to refilse to make any order on such application, but also to
                                     dismiss the same with such costs agahst the a~signccs to e h said
                                                                                                 as
                                     Court shall wem remmable, and the said costs shnll be pirl accord-
             Not to affect property ingly : Provitlcd n h , that no ~ x e c i ~ t i oshitl be iss~zcd
                                                                                     n               npon any
             lmtccted by oer-
             $&ate.                  such certificate, or jndgment against any cst:~teor effects which shall
                                     have come to or been acquired by an insolwnt to whom shnll have
                                     been awarded a Erst or second class cevtificatc, during the currency
                                     of suchcertificate.
                Ansifinees    time               121. mlal the assignees for the time being rnav issne and rnforre
                being r n q issue
                crccutim on such               execution upon any such certificate as last nf&esaid as Sully to a l l
                cel tificate.
                                                                           sbigllt~c9 \%horn such certificate shnll
                                                                                    to

    J                   DIVISTONv.                                            woof of clcbts a3d pavrnents in f d l , be
                Of P o % f   of &hts it ]Enacted-
                    u ~ t d~cu/ments'sin
                    f i ~ Z lcc;dic, diri-
                              ,~
                     denrl, ufzd allow-      122. That, at the sittings appfiintd by tlic ('ourt for the              choicc
                     nnce t o the          of ussignecs, and for the last examination of thc iiisolvcnt,              ant1 at
                     Imolsent.
                                    -          every atljo~rrncd sitting held for either of such purposes, ~ r l d u v q
                                                                                                                   at
                Proof of debts.                other sitting for proof' of debts, ittld mhcrcof, and of t h ~ , u r p o ~ .
                                               whereof, tcn days' noticc shall haw bwn given in the r%rltlz il~rstm-
                                                    Gor~r~~rnneat Gmr~ttc, cry creditor of t hc i n 4 1 cnt lnay proJTe
                                                                           el
                                                   e t b h i o n o h , or by 1 h           of his clerk or w ~ i - ; meither
                                                                                                             --        t
                                               before t h Court or by affidavit ; a'?ii-T.Gi(lilCs l~olitic,and public
                                               companies, incorporatct'l, or authori.ml to sue or bring actions cithcr
                                                   chtirter, Ordinance, or Act of Parliament. may, in like manilrr,
I   ---
        U   -                                         by an agcnt: Yrovided. such iigeut sllall, in his ciellosition,
                                               swear that he is such agent.

                    Power of~our.tover 123.            That where the proof of debt is by afliclavit, such affidavit.
                    d ~ l ~ t a p r ~ ~ b y a fmav bp
                    davit.
                                               fi-      delivered to the ORcial Assignee, o r to s~rchother of'-
                                               fie& of the Court as d a l l .by the rdeu ot the Court be appointe(l t o
                                               receive thc same, or to any agent of' the creditor, but such affi-
                                               davit shall not be filed of record as a p r o ~ funtil allo~vcdby tlie
                                               Court ; and it shdl be l a w f d for the Court to exarninr upon oath,
                    U      S     e      i      either by word of mouth or upon interrogixtories iu writing, every
                          prmf eithrr
                    38
                    vote or by interroga-
                                               person claitning to prove any debt, or to require such further proof,
                    tories.                    and to examine such other persons in relatiuu thereto as the Court
                                               shdl tliiuk fit.

                    no,tnpde creditors, in         124. That, every person with whom any insolvmt shall have really
                    :iarc<t of d r h                        jide contracted any debt or demand before the issuing of
                                                       ho~rr.
                    trscied after ail act of
                    inaalveucy, luuTprow.       the fiat, ur the filing of the petition for adjudicatiun of insolvency
                                                , s h a notwithstanding any prior act of ir~solvencycommitted by such
                                                insola7cnt, be admitted to prove the same as if no such act of in-
                                                solvency hail been committed.                               125. That,
  125. 'I'lmt, when any insolvent shall haw been indebted at the                   D~vlsroxr,
                                                                              " ? V' debt'
time of iaiuiug thr fiit or filing the petition for adjljudiration of *f ~ pctynte~zts in
                                                                                  f
                                                                        ctnd
insolrenry to any errvant or clerk of such insolvent, in respect of j L l l .
the wages or salary of snvh servant or clerk, it shall Itp lawfi~l the -
                                                                 for
C O U ~ , proof thereof, to order so much as shall be doe, not ex- m o ~ ~mh"s~lO,oe6" OP
       upcn                                                                  t   J r n three
                                                                                           Bt '

c~edingthree months' wages or salary, and not exceeding thirty salary to clerks or
pounds, to be paid to such sermnt or clcrlr out of the m t a k of the
insolvent, arid such servant or clerk shall be at liberty to prove ti>r
any sum escreding such amount.

   125. That, when any insolvent sl~all    have been indebted at the CnllrtmayOr"r
                                                                           W<k@S not euoceiling

time of issuing the fiat or filing the 1)ctition fi)r adjudication of' in- s,,,, pounds to laborzr
solvency, to any laborcr or w-orhnan of such iilsulvcnt, in resprct of Or
the wages or lnbor of such laborer or workman, it shall be lawful
for thc Court up011 proof tlwreof to order so inwh as shall be so due,
not exceeding four pounds, to be paid to such laborer or workman
out of the estate of such insolvent, arsd such laborer or workman
shall be at liberty to prove for any suin exceeding such amo.unt.

   1?7. 'l'hnt, where any pwson shall hndgb&tl an apprentice to an vents dischargr~dfrom
                                                                            Avprcnti(>c@ i m l -
                                                                                        in
insolvent at the time of the filing of a petition for ac~judicationof tholr indentures.
insolvency, or of tlrt. issuing of' a fiat in insolvcncy? the fling of snvh
petition or the iwuing of' snch fiat, shall be and enure as a coinplctc
discliargc of' the iiirlc.nture whereby s u r h apprentice was bound ; and s~mlto hr porder any
                                                                                           iu
                                                                                       ~ l d re-
if any s u m shtdl haw bccn reallv :uid holm j i d p paid by iind on behalf spcvct  appreutioe
of &h apprentice to the iniolv&t ay an apprentice &c, it shall be
                          rt
lawfr~lfor tlte C o ~ ~npon proof thereof, to orcler any sum to be paid
out of the estate of the said imoivent to or for the use of such
apprcntice which such Court shall think reasonabl~,        regard being had
in estimating such snm to the amount of the sum so paid by or or1
 behalf of such apprentice, and to the time during which such ap-
 prentice shall have resided with the insolvent previous to the filing
 of such petition or the issuing of such fiat.

    128. ' h i t , where there 113s been mutual crcrlit given b?*the in-         ~~;~~:f~~$,,al$t
 solvent and any otllcr person, or where there are mutual debts                  ntrtrvittl5tarrrllrl~prior
 between the insolvent and m y othcr person, the Conrt shall state the           .L
                                                                                  l t   O'iusO1vcnc~.
 accomit between them, arid one debt or demand may be set against
 another, notwithstanding any prior act of insolvency committed by
 such i n d v e n t before the credit giver1 to or the debt contlmtetl by
 him, and what shall appear due on either ~ i d e the balance of f.uch
                                                    on
 account and no more shall be claimed or paid on either side reslwr-
 tively, and cvery debt or demitntl hereby made provablc against
 the estate of the insolvent may also be set off' in manner nforraaid
 against such estate, providing that the person claiming the bcncfit of
  such set off had not when s w h credit was given notice of an act of
 insolvency by such insolvent committed.

    129. That any person who shall have given credit to the insolvcnt             Debts not p n ~ b l c t
                                                                                                      a
                                                                                  the time of the inunl-
  upon d u a b l e consideration for any money or other matter or thing            ,,
                                                                                  .,,        be proved,
  whatsoever, which shall not have become payable when such iusol-                deductirLg       of
                                                                                  interest.
  vent committed an act of insolvency, and whether such credit shall
                                                                   have
                 ~
      n r v ~ s v. o ~ have been given upon any bill,            bond, note, or other negotiable secu-
     ~ ' pnynmzts ia
    'and P W ' dehia rity or not, shall bc entitled to
             Of'                                                 provc such debt, bill, bond, note, or
    ~ U Z L                     other security as if the same was payable preselitly, and receive divi-
                                dends equally with the other creditors, deducting only thereout a re-
                                bate of interest for what he shall so receive at the rate accordkg to
                                any special rate paid or allowed, or agreed to be paid by the insol-
                                vent, otherwisc at the rate of cight pounds pcr centurn, per annurn,
                                to be computcd fium the clwlaratiolr of a dividend, to the timc such
                                debt would have become payable according to the terms upon which
                                it was contracted.
    Suretio~ and                   130 That any person who at thc timc of issuing the fiat or of
    pm sons lmblc for the
    debtv      irlsolvent       filing a petition for adjudication of insolvency shall bc surety or liable
    nlil~x ) after ~~             ~ ~ ~
                                for any debt of the insolvent, or bail for the insolvent, either to the
    having paid such
    debLs.                      Shcriff' or to the action if he s h d l have paid the debt, or any part thcrc-
                                of in discharge of the whole debt (although he may have paid thc:
                                same after the issuing of the fiat or thc filing of tlie petition for ad-
                                judication of insolvcncyj, if the creditor shall h a w po~-ecl debt his
                                nndcr the insolvcnry, shall bc entitled to stand in thc place of sncl~
                                creditor as to the dividends and all other rights under the insolvcncp
                                which such creditor possessed or would be entitled to in rcspwt of
                                such proof; or if the creditor shall not have proved, such sllrety or
                                person liable, or bail, shall be cntitled to prove his dcmand in respect
                                of such paymcnt as a debt under the insolvency, not disturbing tlie
                                formcr dividends, and may receive dividends with the othcr creditors
                                although he may have become surety, liable or bail as aforesaid, after
                                ;in act of insolvency committed by the i n d v e n t : Providd that such
                                person had not, whcn he became surety or bail, or so liable as afore-
                                                                           by
                                said, notice of any act of insol~ency such insol~cnt            committed.

    Ohligws in bottmry             131. That the ubliyee in any bottomry or rcspondentb bond, and
    or p.cvp09d1-,ifio bonds
    and a ~ s u r r d pviicy
                    in          the ;tssused in ally policy of insurance made upoil good and valuable
    af insumncr a h i t t d     consideration sl~allbe admitted to claim, and after the loss or con-
    to claiiu, and after loss
;    o provo.                   tingency shall have happened to prove his debt or demand in respect
                                thereof, and receive dividends with the other creditors as if the loss
                                or contingency had happened before the issuing of the fiat or the
    Pcrsons effecting in-       filing of the petition for adjudication of insolvency against such
    surance admitted to
          losa.
    ~ W Y C
                                obliger or insurer ; and the person effecting any policy of insurance
                                upon ships or goods with any pcrson (as a subscriber or underwriter)
                                having hccornc or becoming insolvent shall be entitled to prove any
                                loss to which such insolvent shall be liable in respect of such
                                subscription, although the person so effecting such policy was not
                                beneficially interested in such ship or goods in case the person so
                                interested is not within the said Province.
    Annuity crcditor ad-
                to
    ~ l i i t e d prove.
                                   122. That any arinuity creditor of any insolvent, by whatever
                                assurance the same may be secured, and whether there were or not
                                any arrears of such annuity due at the insolvency, shall be entitled
                                to prove for the value of such annuity, which value the Court shall
                                ascertain, regard being had to the original price given for such
                                annuity, dedccting therefrom such diminution in the value thereof
                                as shall have been caused by the lapse of time since the grant thereof
                                                                                                    to
to the dntc of the fiat or thc filing of the petition for adjudication of              ~
                                                                             D m s l o Y.
insolveilcy.                                                               f
                                                                          O proof o debfs
                                                                                    f
                                                                           and paynzents in
                                                                                    fall.-    -
     133. That it shall not ibc lawful for any permn entitled to tiny
annuity grantcd by any insolvent to sue any person who nlay be col-                sureties fur payment
                                                                                   of annuities g1anted
l a t c ~ surety for the pynicnt of such aimuity until such annuitant
           l                                                                       by insolvent, in what
~11~11  have proved against such insolvent's estate for the value of'              manner t o con^ in
                                                                                   under the iusolvcncy.
snch annuity and for the arrears thereof; and if such surety, after
such proof', pay the amount, prolecl he shall be thereby discharged
from all claims in respect of such annuity ; and if such surety shall
not (before any lmylnc-ut of the annuity subsecluent to the insolvcucy
shall h a w bccorrie dur) pay the sum so promcl lle may be sued for the
acc:min~p ayrnents of such anrluicy nntil such annuitant shall have
          b
                                        so
beell palcl or siitisfied the iil~loullt provecl with interest thercon
      a.

at the rat,e of eight pounds per centrm per anilulil from thc time of
         of
~~otict: such proof itlid of the amount thereof being given to such
surety, and aftcr such payment or satidaction such surety shall stand
i n tlik placc of such amiuitant in respect of such proof to the amount
so 1)aid or satisfied by such surety, ancl the certificate of the insolvent
shall he a clischarge to him fro; 8.11 claiins of sucli annuitant or of
                     "
such surety in respect of such annuity : Provided that such surety
shall be crlt,itlcd to credit in arrount with such annraitant for any
d virlends received by such ;inrluit;ult, under the insolvcncy bcforc
  f
snch surety sllall have fnllj- paid or satisfied the amount so
~xovetl.

   1 3 t. That if any insolvent shall, before the issuing of the fiat or           Dcbtcontingent rit the
                                                                                   time of the insolvency
the filing of 1-1. petition for adjutlication of insolvency, have contracted       to bc pmvable for the
any debt payable upon a contingency, which shall not have happened                 value thereof ascer-
                                                                                   tained by thc Court ;
Irefbre the issuing of such fiat or the filing of such petition, the               or i f vtiluc not ascer-
person with whom such debt has becn contracted may, if he think fit,               tained beforc the
                                                                                   contingency has hap-
apply to the Court to sct a value npon such debt ; and the Court                   pened, then aftcr the
                                                                                   contingency has hap-
is hereby rtquirecl to ascertain the value thereof and to admit such               pened amount of debt
perso11 to prove the amount so ascertained, anti to receive dividends              may bo proved.
thereon, or if such value shall not be so ascertained before the con-
tingcmcy shall have happened, then sudi person may, after such
conlingencv shall have happened, prove in respect of such debt ancl
receive dividclids with the other creditors, not disturbing any former
clividends : Provided sucli person had not wllen snch debt was con-
tracted ilotice of any act of insolveilcy by such insolvent cornmitted.

     135. That if any person who s h d l become insolv*:nt after the com-          T,iabiUty,contingent at
                                                                                   thc insolvenry, may be
mermment of this ,4ct shall have contracted before the filing of a                           to
                                                                                   atli~~itted claim,and
                                                                                   aftcr contingency has
petition for adjudication of insolvency, a liability to pay any money              happ~ned   and t t e de-
upon a contingency which shall not have happened, and the demand                   mand been aucertnincd
                                                                                   demand may bu
in respect thereof shall not have been ascertained beforc the filing of            proved.
such petition, in every such case if such liability be not provable
under any othcr provision of this Act the person with whom such
liabilitv has been contracted shall be admitted to claim for such sum
as t h e ' ~ o u r t shall think fit; and after the contingency shall have
happened and the demand in respect of such liability shall have been           *

ascertained, he shall bc admitted to prove such demand and receive
L --          H2                                                 dividends
       DIVISION
              v.      dividends with the other creditors, and so far as practicable as if the
     O of of debts contingency had happened and the demand had bccn asccrtained
      f
      and payments in
     fdi.             before the filing of such petition, bat not disturbing former dividends :
     - .-
      .
                              Provided such person had not at the tinlc such liability was con-
                              tractcd notice of act of insolvency by such insolvent committed:
                              Provided also, that where any such claim shall not have, either in
                              whole or in part, bcen converted into a proof within six months after
                              the filing of such petition it may, upon the application of thr assid 1 1 ~ s
                                                                                                  0

                              at any time after the expiration of such time, and if the Court shall
                              think fit be expungcd either wholly or in part from the proceedings.
     Interrst upon debts         136. That upon :ill debts or s~uinsccrtaju, papble at a certain
     when provolllc though
     not rcscrvedur llgrecd   time or otherwise wh~rcuponinterest is not reserved or agrecd for,
     for.                     and which shall be ovprduc at the issuinof thc fiat or filing of the
                                                    7
                              petition for adjudication of insohency and provable thereunder, the
                              creditor shall be entitled to prove for interest to be calculated at :   L
                              rate not exceeding eight pounds per centnm per armurn up to the
                              date of the fiat or the filing of' such petition from the time wllerr such
                              debts or sums certain were payable, if S I L ( : dcbts or sums be payable
                                                                               ~
                                                                         at
                              by virtue of some written instruir~ent a cwtain tinie, or if payahlc
                              otherwise, then from t l ~ J i m ewhen dmmd of' l q m m t shall h a ~ c
                              brcn rriade in writiu,cih as snch d~inaiid l d givd notice to the
                                                                               s
                              debtor that intercst \v111 htl clairiled from tllc clatc of such clciiiand
                              unt,il tlic time of pqwent.
     PlnintX or drfcndant
     obtaining jadvment
                                 137. That, if any plaintiff in any action at law or suit in cquity, or
          ent,tled g P,,;,                             or
                              petitioner in insol\~cncy lunacy, shall have obtained any judgment,
     for costs, &c,           decree, or order against any pcrson who shall thereafter become
                              insolvent for any debt or demand, in resrlect of wllicll such plaintiff
                                                                             A                   z

                              or petitioner shall prove under the i n s o l w q - , 5 ~ 4 1 1 l)lainti_ffl
                                                                                                         or
                              petitioner shall also be entitled to prove for the costs which he shall
                              have incurred in obtaining the same although such costs shtdl not
                              have been taxed at the time of the insolvency ; ailcf if ally defci.lldant
                              shall have obtained any judgment, cfccrcc, or order, in m y such
                              action or suit, or in the matter of any such pctition against any
                              person who shall thereafter bueonie iusulvent, such &Sendant shah
                              be entitled to prove for the costs which he shall have incurred ill ob-
                              taining the smie although such costs shall not have been taxed at
                              the time of the insol~ency.
     p""n~                   138. That no creditor who has brought           ally action. or instituted
     election not to proceed                   -
                                               __L                      -a




     aruinvt the ~nsolvcnt any s l i t against any insolwnt, in respcct      of a clelriarld prior to thc
     by actiou.
 .
 4                            insolvency, or which might hnvc bccn proved as a dcbt uiitler the
                         (    insolrency, Bhnll prove aJebt under soch insolvency, or hnvc any
                              clainl entenxl dpon thc proceediiqp without relincrnishing such action




                         i
-rq-#-lp,
                              or suit ; and the p r o v iL_____-
                                                           or
                                                         n ~ clairniqg a debt, under a fiat mPpeti&n
                              for arljudicatio; &insolvency by any credit&, shall be deemed an elec-
                              tion by such creditor to take the benefit of such fiat or petit1011 wrth
                              rwpcct 6 t h e debt so proved or claimed : Provided that such creditor
                              slid1 not be liable to the payment to such insolvent, or his assignees,
                              of the costs of such action, or suit, so relinquished by him, and that
                              where any such creditor shall haw brought any action or suit
                                                                                                  against
ag:~ilistsuch i~~solvent, jointly wtth any other person or persons, his
relinquishing such action or suit against the insolvent shall not
aff'ect any such ilctiou or suit against such other person or persons :
I'rovided also, that any creditor who slrall have so proved or claimed,
if the fiat or petition for a(1judication be afterwarcls superseded,
clismissed, reversed, or anilulled, may preceed in the action as if lie had
not so proved or claimed, and, in bailable actions, shall be at liberty,
uncler the anthority of a Judge's order for that purpose, obtaincd in
Iilw manner as may now by law be done, to wrest the def~ntiantde
                                         or
m c o , if he has not put in bail b~low, pufected h i 1 above, or if the
c1i:Sendant has put in or perfected such bail; to have recourse against
such bail, by requiring the bail below to gut in and perfect bail above,
within the first eight days in term, after notice in the rS'auth Aus-
                                of
trnliut~ Gowrnment Ga,zcttr~ the first superseding, dismissing, re-
vtlrsal, or annulling such fiat or petition, and by suing the bail
U1JOll their recognizance, if the condition thereof is broken.

      139. 'I'hnt, whenever it shall appear to the assignees, or to two or Court m a y rspunge
                                                                              any debt3 which, after
~ __ : __ _ who have each proved debt; to the ainount of twenty investigation, do 1101
    j o n creditors
                                                                      oi
p ~ u d or upwanls, that ally deb! proved is i l o ~ u ~ L y . . h c ,ther in appear to be due.
             s
wboit~or in part, such aisi~nres      arms        lnily inakke rq)rrsmtation
tllcreof to tlrc C'ourt, and lt shall be lawful for the (jourt to srrmrnon
i i n d c\~nrninrupon ~iltll any pcrsorl who shall h a w so - proved,
                                                            .- - - - .-
                                                                    .    -    +



togothc~      with a n y gc3rson wllos~widtwce may appt3nr to the Court
                                                   I
                                                  _ _




to be ~natvrittl, citllcr in support of, or in opposition to, ;lily such
debt, and if the ( ' o ~ r L I ~ the~r+clencc given on both sides, or (if
                              t     I
thc prrsnn who shall have p~oved        shall not attend to be cxarnincc~,
h a v i n g 11c.m first clnly summoned, or notice having been left at his


or in p r t , the ('obrt &all be at liberty to expunge the same, rithc!;.
wholly or ill p r t ; tyom the proceedineg : Provickd that such assignees
or crcdihrs requiring such investigation shall, before it is instituted,
s i p an urldcstaking, to bc*filed with the proceedings, to pay such
                                                                proved such
costs as t1ia Court sllall adijlrggr. tu the creditor who l ~ u s
debt, such costs to be recovered by application to the Court, upon
which, an orclcr for payment thereof' may be inade by the Court. .

    140. That no creditor having scw~rityfor his debt, or having Crcditor~               having secu -
made any n ttachment of the goods and d&(:ls of the insolvent, s l d l ritynnt to receivc more
                                                                                than other oreditws.
receivc ul%n anysuch fiecurlty or attachment more than a ratcablc
                                                               ---_-I




p a t of such debt, -c          in r e s p e c t o execution or extentl
served and Itvied hy seizure and sale upon, or any mortpge of, or
lien upon, m y part of the p m p e ~ s n c insfiEit, be?? the
                                                    h                        )iafd
of the fiat, or the filing of a p e t i t i o d r ailiudicatiop ot insclvency :
                                                                                     --      -
                                                                                                 )
Provided alw&$, that nothing herein contained shall he dccrncd to
give validity t; any warrant of attonicy, cognovit, or consent to a.
.l udgc's ordrr, or bill of sale, declarcd to be null and void by any
p r o \ ~ i o n this Act, nor to give validity to m y judgment entered
              uf
up,under, or by virtue of, any such wnvrant of attorney, or consent,
or to any execution, extent, seizure, or sale, executed, levied, or'mkde
uncler, or by virtue of, any suchwarrant of attorney, cognorit, consent,
                                                                                     i
or bill of salc.                                                          And
        D~vlsro~ $.            And with respect to the audit, be it Enacted-
         f
        O the Audit,
    -
    .                           141. That the Court shall, whenevcr it shall think fit, q ~ p o i n ta
    Appointmant of sitting   public sitting (of which public sitting, and of the ~lurport  whereof,
    for audit.
                             ten days' notlcc shall be given in the South Australian Governwzer~t
                             Gaeette) to audit the accounts of the assignees, and at such sitting
                             thc assignees shall deliver, upon oath, a true statement in writing of
                             all money received by then1 ~v?spectively,    ancl n-hcii and 011 what
                             account, and how the same has bccn employed, ancl the Court shall
                             examine such statement and compare the receipts with the payments,
                             and ascertain what btillances have been fro^ time to time in the
                             hands of such assignees respwtively, and il shall ]L)c lawfhl for the
                             Court t'o examine the assignees upon oath touching the truth of such
                             accounts, and to make Illerein all just allow;llnccs.

                                And with rcspect to the dividend, be it Enacted:-
    Method of making
    dividends.
                                142. That the Court shall, wlwrlever it xllall think fit, appoint a
                             public sitting to be holden after the insolwut shall have yassctl
                             his last examination when tlrcre are assets wherewith tt divitlcnd
                             may be inailc (of which public: sittirig and of tlrc purport whereof'
                             twenty-one days' notice shall be given i l l the 8uuth Amtrdian Gouem-
                             ment Gazette) to make a di~itlendof the insolvent's estate, and
                             shall at such sitting dircct such part of the net pmiuce of tlie
                             insolvent's estate as it may think fit, to be forthwith divided
                             amongst such creditors as have provcd their debts unclcr thc
                             insolvency, in 1)roportion to thchir respecrive debts, and shall make
                             an order in writing, unclcr thc hand of the Coiunlissioncr, for divi-
                             dend accordingly to be filed with the proceedings, which orcler
                             shall contain an account of the ainouiit of the debts pro+ed, of thc
                             mdncy to be divided, of how much in the p u d is tlthcn ordered
                             to be paid to the creditors, and of thc lnoney allowed bp the Court
                             to be ~.et;lined,a i d of the ream1 for retttiuing the same; and tllc
                             Official Aaignee, irr purstmnce of sucll ortler, shall forthwith make
                                                                         J
                             such divirlend in rnanncr cli~ectrdI ~ the rnlcs at any time in force
                             under this Act relating to the mo& of p y n m l t of d i r i c l ~ ~ d s
                                                                                                  by
    No dividend without      the Oficittl Assignee, but no dividcnd shall be clwlared unless thc
    previous audit.          accounts of the tissignecs shall have bcen first audited.
    Final dividcud within       143. That if the insolvent's estate s l r d not have been wholly
    eighteen months, ex-
    ccpt wl~crosuit de-      divided upoil the first dividmd, t,hc Court slfi~ll, within c i ~ h t e e n
a   pending, or estate       months after the issuing of the fiat, or the filing of the petition for
    ~trn&l$out, &c.
                             adjudicatioii of' insolvoncp, appoint a public sitting (whereof' and of
                             the purport whereof twenty-one days' notice shuU be given in the
                             Kortth Australian Government Gazette) to make a secon cl di~idend
                             when all creditors who have not proved their dcbts may prowe the
                             samc and at such sitting, but after such an audit as is directed by
                             this Act, shall order the balance in hand to be forthwith divided
                             among such creditors as shall have proved their debts, and sudr
                             second dividend s h d be final unless m y action-at-law or suit in
                             equity be depending, or any part of the cstate be standing out not
                             sold or disposed of, or unless some other estate or effects of the
                             insolvent shall afterwards come to the assignees, in which citse they
dial1 as soon as may be, convert such estate and effects into money,
and within two months after the same shall be converted the same
shall also be divided in mnnncr aforesaid.
                                                                            No action t o be
   144. That no action for m y dividend shall he brought against any        brought for dividends,
assignce by any creditor who s l ~ t lhave proved under the insolvency,
                                      l                                     but the remedy t be
                                                                                             o
                                                                            by application to tho
lmt if the OEcial Assignee shall rcfusc to pay sucl~      dividend the      Court.
Court may ordcr payment thereof with interest for the time it shall
l~dve.heen withlield, and xmy also order the costs of the appli&ion.
   145. That thp Court may as often as it may be expedient by ordcr Power to invest
                                                                         moneyN.
under the seal of the Court and hand of the Commissioner direct any
money which may be standing to the e c d i t of the Official Assignee in
insolvency (herein called floating balance) to bc invested 1 the  n
purclmse of Government securities, or lent to the Trustccs of the
Savings Bank of South Australia, and may in like manner direct the
sale or exchange of such Government securities, or the withdrawal
of the said moneys or m y part thcrcof from the said Savings Bank :
ancl that the interest arising from such investment slrdl be paid to
thk Colonial Treasurer fbr the public use of thc said Province.
   And with respect to unclaimed dividends, be it Enacted-
   146. That all dividends not clni~neelwithin six years from the           D i s p o d of unc1ainw.l
                                                                            dividends.
declaring therwf, 311d also any iindivided surplus of an insolvent's
estate over m itbo~ethe nkount f i ~ ~ l directed to be divided
                 d                             ly
amongst the creditors of any insolvent, shall be carried to an account
to be called '' The Unclaimed Dividend Fund," and such fund, except
where otherwisr: specially clirected in this Act, shall, for the purposes
of investrneilt and realizing, be deemed part of the floating balance
hcfore ineritiond. And all dividends not claimed within six years
from the declttriq thereof, shall not be afterwards claimable.
   117. That, whencvcr the balance to the credit of xnv estate six ~                     ~ . o
                                                                                ~ f ~ ' un"vide f
ycars nftcr the date of the fiat or pctition for adjudicatibn, whether
a divicleixl has been declared or not, is less than Ten Pounds, or
being more than Ten Pounds, is nevertheless insufficient to pay the
r:reditors a dividend of One Penny in the Pound, such balance sl~nll
be paid to the credit of the unclaimed dividend fund.
   And with resprct to dlowa11res to thc insolvcnt, be it Enacted :
                                                                      f insolvent.
                                                                     o allowance*
                                                                      the
   148. That it shall he lawful for the Court, if it think fit, from ~ W m m ctoinsol-
 time to time to make such allowance to tlre insolvent out of his            vent for maintmance
 estate until he shall have passed his last examination, as shall be
 r1ecessay.v for the support of himself and fhrrdy.

                                                                          :"?
     149. That every insolvent who shall have obtained his certificate, h,"                  '
                                                                                             "o"
 if tEie net produce of his estate in hand shall by any order of dividend
 (with or without prior dividend) pay the creditors who before or at
 the time of making such order have proved, under the insolvency,
 Ten Shillings in the Pound, shall be allowed and paid Five Pounds
 per centurn out of such produce, provided silch allowance shall not
 exceed Four Hundred Pounds ; and every such insolvcnt, if such
             Lz                                                   produce
   DIVISION
          v.                                                                         l)
                              produce shall (wit11 or without prior d i ~ i d ~ u cpay sucll creditors
 f
O allowances        to        Twelve Shiliings mid Sixpence in the Pound, shall' be allowed and
the insolvent.                                                                     per
                              paid as aforcsa~dSeven Pounds Ten Sldlii~gs cmtuill, provided
                              sircli allowance shall not exceed Five Hunrllwl Pomrls ; and evcrly
                              such iusolvent, if' such prodnce s l d l (with or mitliont prior
                              divitlcnd) pay such creditors Fifteen SliiIliugs iu the Pound or
                              upwards, sliall be allowed and paid Ten Ponnds per centuui,
                              provided such allowance sliall not exceed Six Hulidrctl P U L I ~ I ~ S ;
                              provided always that no s1.1cl1 allow~ilcc.slit111 be payable to any
                              irisolvout until aftcr the expiration of twclvc inonths from the issnilrg
                              of the fiat, or thc filing of the petitiou for a{lkjadication insolvency,
                                                                                           of'
                              and such allowancc s1i;lll then be payable oldy in the evmt of the
                              dividcuds paid to the cleditors, who, :tt nny time before the cspim-
                              tion of such twelve months, shall have proved debts being of the
                              requisite amount iu that behalf aforesaid ; a i d if at the espirndc,~
                              of such time the dividends paid sliall not amount to Tell Sldlillgs
                              in the Pouild, it slinll bc lnwful firr t,l~eCourt to allow sudt
                              insolvent so much RS t l assigoecs and Court s l ~ a l lthink fit, 11ot
                                                             ~
                              chxceeding Tlrree Pounds per centum, and Three Hundred Pounds :
                              Provided aiways that the Court sliall, if it think fit, rcduce a n y
                              allowance in case it sliall have only grnuted the irmAvent il certificate
                              of the second or third class.
Tnsolvcnt n ~ retain
                  q               150. Evrry person who s11all be a d j d ~ e d   illsolvent may retain, for
implements o f trsdr
not exseedlug Thirty          tlie nsc of hirlisclf and his family, m & r tlie iialiie of excepted artic*lcs,
I'oands.                      sucli articles of' lioustihold ft~rniture,  wc:tring appnrcl of llimself and
                              Gamily, and tools, i~iiplcrne~lts of'traclc, and other like necessaries n s he
                              shall spccifj and seicct, not exceeding in tile whole the value of'L'llirty
                              Pounds ; and such excepted articles sl~ell o be bubject to Le sold
                                                                                ~     t
                              or disposed of in the insolvency, or. to be t:iheu iri usecuticn at tbc
                              suit of m y creditor entitled tobprove oniler tbc insolvency ; alrd in
                              nll cases there sliall bc filed, wit11 the proceedings in tllc Court, ,111
                              inventory of such excepted articles, with a vdun~ionof' the silnle
                              respectivelv, with a certificate, signcd by the appmiser, or otlwr
                              person ~ i i a l r i n ~ vahmtion, tlttcstil!g the truth tliercof, and statiug
                                                   such
                              wliexl and where such articles were seen :~ndvalucd : and the
                              reasonable expenses aid charges of' :uid for such valuation, wilw
                              taxed, s l d l be paid by the O6cixl Assignee, out of the proceeds of
                              the estate of the insolvent, under the order of the C'oil.~~ssioner.
If prodim of estate              151. That if the produce of the estate of any insolrent shall be
p t ! i Twnty Shillings
111 thc Pxud itud
                              sufficient to pay Twenty Shillings in the Pound and interest as here-
It:i.;c R I ~ ~ I I S U C ~
                    S ,       inafter mentioned and leave a surplus, the Court may arder such
s:irplus to be paid to
m d v c n t , after paying    surplus to be paid to such insolvent, his executors, ad~niuistrators,or
iutcrest on debts.            assigns ; and cvery such insolvent drall be entitled to recover the
                              remainder, if any, of the debts due to him ; but such surplus s l d l
                              not be paid until aU the creditors who llavr proved shall lut\ c re-
                              ceived interest upon their debts, to be calculated and paid at the rate
                              and in the order following, via.-all creditors whose db.
                                                                                   _____t-
                                                                                        e-
                              l a w - r r y intet, in the event of a surplus, shall first re-
                              ceive interest on such-dcbts at the rate of interest rcscrwd or by law
                              payable or provable thercon, to be calc~dotedfrom the date of the
                                                                                              ~xoved
fiat or thcl filing of the pctition for atljuclicxtion of insol\ cncy ; and
after snch ntuest sllilll have b c m paid, all otllcr creditors who have
pro\-cd slid1 receive intcrest on their dc'uts fro111 thc datc of the fiat,
or of' such pctition, at the ratc of Eight l'onntls lwr ccntlm per annuin.




    132. That m y ptlrwn ~ m h l c meet \)is erlgagements with his -o f f h e ('owt.-
                                             to
rrniitors, and desirous of laying the statc of hi, nffuirs brforc tlru~n.f ~ ~ ~                      ~   ~   ~   ~
                                    a r d contld
u11cln- the ~111)t~l'iiit('~d(~11('~ of tllc C'onrt of Insolvency, :incl W ~ r h h i s
                                                                                     cwdttors n u y
                                                                                 1,'
                                                                                 ;:
ol'inhnlitting himsclf to the jurisdiction of tllc ('onrt in maimcr I s f i n - $,$
aff cr rxmtionetl, may p r c s ~ n t pctition to the (hurt setting forth the
                                        a
tsnr rausc of such inability an tl praying tlxtt l l i ~ + r ~ a o n ~ ~ c r t
                                                                 ~n d o

                                                                 +
                                                          L-I--

niay be protcctcd from all proccas until r                            a%
                                                                      G?
                                                                  t ; Zk$
                                               f
('ourt, on such petition, skill-h:t\-t~ i v e r to ?    want such wotection,
and may renew the 5ame fiom time to timc as it shall thin - t, an ~f
tlw petitionn. 'uc in prison or in cwstody for dd)t or damages, inay, if
thc C'ourt sltall think fit. order his immccliato rcluasc, either nbsolutcly
or nil condition, i l n ~ lluny ti&cei    -b
                                         ce                    at the stwxal
                           hcrcinaftcr nlc~ntionect l'rovidccl also, that such
sitt-ings of the ( ' o u ~ t                          :
r c l r ~ ~ shdl in no n i s a f f ~ any rights of the creditor, at wliosc suit
            sc~                           ~t
                                                                      ~ h
snch lwti tioncr 111i~y in -p.isou or in custod S, :~crainsts ~ petitioner,
                         be                             P
csccl)t the right of detaining him iu prisoi~or 111custody, whilst pro-
tc~tclt li.onl iruprisonrucnt t )) order of the Court.
F-
 =-
         l
         --                       r
                             ---+v*          --  ----7
                                                                           ---
    1::1:3. 'That cvcr,; suck11 pctition slrall bc in tllc form containetl in Petitinn to bc sup-
thr S r l ~ r d d r & this Art auncrcrl and bc c
                  .\b                                h
                                                     t-
                                                     a                     of
tiling c ~ w y u c hpetition s l d l he endorscd tlrmron, and thrrc shall /Ft.
                ~                                                                                 A
bc filed tll&witll im aftidayit in the Grm contained in thc SchedulcA A , M . ,m+-
A c to tliib .,M a m c x ~ ' d .                                             J

    I S , That forthwith, after the granting of any ordcr for protec- Court to appoint pri-
tioo, tllc C'ourt ~hitllappuiut a private sitting to be hold at such timc '""        """""
a i d place as it Inay name, ancl upon s~~fficient   cause shown may, if
it &hallthink fit, direlt that the estate and effilcts of the petitioner
or any part thereof shall t)c possessed ancl received by the Official
Assignee, or be taken possession of' by the Messenger of the Conrt ;
and all stock, moneys, and other cffccts of the petitioner shall be
tixnsferretl, tlelivercd, and paid, by the Official Assignee, into some
chartered bank in htielaide to his credit as such Official Amignee,
t o be subject to the like rule and regdation for the keeping the
account of the said moneys and other effects, ancl for thc payment
and delivcry in invwtment, and payment ancl delivery out of the
 same, as in insolvency ; and the Court shall have power to examine
 on oath such yctitioncr, or any witness produced by him, or any
                             -. to
 creditor, or person clairnin~ be a creditor of such petitioner, and
 to adjourn such private sitting or any subsequent private sitting
 frulx time to time, as it shall think fit, arid notice of such private
 sitting &id1 be given in writing to every creditor not less than fourteen
 days before the same is held, such notice to be sent by post, addressed
 to evcsy creditor at his last Imown place of business or residence.
                                                                155. That
  DIVISION
         VI.                  155. That s~tchpetitioning debtor shall, tcn days bcfore the day
Of armngeme'zts             tippointed for the private sitting of the Court, file in the Court, and
 under the contvol
 dthc couYt.                in nuch form as may by any rule or order to bc made in pursuanro
-P-                         of this Act be directed, a full account of his dcbts and thc considera-
Person petitioning to
file account ten dq-S       tion thereof, and the names, residences, and occupations of his
before the h y ap-          creditors, and also a full account of his estate alld uffects whether in
pointed far private
         and furnish        ~ O S W Sreversion,, or expectancy, and of :ill dcbts and rights due.
                                         S~~~


                                                                                +
the Oficial Aadgnce
with a copy.
                                                                        y
                            to or claimed by him, and of all p~opert of what kind soever held
                            in trust for him, and shall therein set forth such )ro osal as he is
                            able to make for the future payment or the cornpromm o such cicbts
                            or engagements, and shall furnish the Oflicinl Assigncc with a copy
                            of such account.

tors to prove their
At, first          oredim
                               l 56. That, at the private sitting of the Court appointed in manner
debts, and if three-        hereinbcfore mentioned or at anv aciiournment thereof. the creditors
fifths'in number and
value of ~ ~ O who
                 S C
                            shall prove their debts, (such proofs 'to be in all respects as proofs in
have proved debts to        insolvrncy), and the petitioning debtor shall attcid and rrtdce oath
the amount of S10 and
lipwards           to       of the truth of the account filed by him, and may be cvamincd
pn.opo4 sitting for
 colrfinnation to B e
                            thereon ; and if at such sitting or at any adjournment thereof thrce-
 appointed.                 fifths in number and value of the creditors who llave proved debts
                            to the amount of Ten Pounds shall assent to tlw propcml~uf such
                            petitioner or to any modification thereof, the Court shnll appoint
                            another private sitting for the confirmation of such proposal or modi-
                            fied proposal, and such second sitting shall be h&l not cnrlicr than
                            fourteen days fiom the first sitting, and notice thereof%i-%iting
                            ;hall bc personally served on every creditor resident in this I'roviiree
                            who was not prescnt by hinisclf or his appointed agent at such first
                            sitting, seven clear days at least before the day appointed for such
                            second sitting ; Provided always, that the Court, if it shall think fit,
  I                         may make order in any special case that xcrvicc: of sucli notice at the
                            last known place of abode or bminess of wly creditor shnll be deemed
                             good service : Provided always, that in the case of negotiable secn-
                            rities a notice scrvcd upon the petitioner's immediate endorser hhall
                            be deemed a sufficient serticr,

 If, a t second sitting,        157. That at any such second sitting, or at any acljournment
              jn number
 and value of the cre-
                            thereof, the creditors may also prove their debts, and if three-fifths in
 ditors, who have           number and value of those who havc moved debts to the amount of
                                                                       I
          debts to the
 value of g10 and up-       Tcn Pounds shall agree to accept such proposal as was assented to at
 war&, agree to accept                                                           e
                            the first meetinr. the terms t h e r e ^ o ~ ] X l s reduced into writinn and
                                                                                                   U
 -resolution to be
 i d i n ,,,                the creditors shill sign the same, and such resolution or agreement
 Court, if it think the     (subject to such confinnation as is hereinafter mentioned) shall thencc-
 proposal reasmable
      proper to be exc-     forth be binding and of full force as well against such ptitioning
 cutody to           and    debtor as against all persons who were creditors at the date of his
 confirm the same.
                            petition, and who had notice of the said scveral sittings of the Court,
                            and the Court, if it sl~all
                               CC-
                                                        think the same -reasonable and proper to be
                                                                     .-   -  --
                            executed, af'ter hearing s s % k e d i t o r s by themselves, their counsel,
                             or attorneys, as may desire to be heard either for or against such
                             resolution or agreement, shall approve and confirm the same and
                             cause it to be filed and enfered of record, and shall                   peti-
                             tioner a certificate of the filing and entcring of record of such ap-
p r o d and confirmation, and shall from time to timc endorse on such DIYISIOX        YI.
certificate a protection from arrest, and such petitioner shall be free Of arrangetnenb
                                                                         rcndev the control
from arrest at the suit of any person being a creditor at thc date of o the Court,
                                                                          f
his petition, and having had such several notice or notices as afore-
said, and any officcr arresting such petitioner at the suit of any such
creditor and on sight of such certificate and protection not releasing
such petitioner, shall be liable to such penalty a is provicled respect-
                                                  s
ing insolvents in the like crwc: Provided, howcver, that no such
protection shall bc valid in favor of any such petitioner who shall be
proved to haw been about to abscond beyond the jurisdiction of the
Court, or ~vho  has concealed or is concealing any part of his estate
or effects, nor against any creditor whose debt is not truly specified
in the account filed by such petitioner, nor against any creditor whose
debt has been contracted by such petitioner by any manner of fraud
or breach of trust.
   158. That any person duly authorized by any creditor who has                Persons duly author-
                                                                               ised may vote.
proved a debt to the amount of Ten Pounds and upwards, shall be
entitled to vote on the question of assent or dissent to the proposal
of such petitioning debtor.



                                                                                                         \
   159. That, from and after the datc of the approval and confirma-            Estate to vest in Offi-
 -
tion of such resolutb or ayreemcnt, all the estatc and effects of such         cial Assignee, eithor
                                                                               alone or (if required
petitioning dcbtor shall vest in thc Official Asslgnee (lf such shdl be        by rcaolution) jointly
                                                                               with any other pcrson.
required by virtue of sr~ch     rcsolution, and either alone or iointly with
an; perno; or persons as may hc expressed in such r&olut<on) as
                                      cc
fully 6s if such official ~ s s i ~ nwere a< assigncc under any insolvedcy.
and every such Official Assigncc may sue and be sucd as if he were
such assignee, and in the c&nt of the death, resignation, or removal
of any such Official Assignee, the Court shall have power to appoint
another, and if the estate and effects shall have vested in such Official
Assignee, the same shall vest in the new Official Assignee, so appointed,
in the same manner as in insolvency.

   160. That the OfficialAssignee shall once, at least, in cvery six Official Aasigneo to
                                                                       file account
months?or oftener if the Court shall require it, produce to the Court, months. evory six
on oath, a full and true account of all moneys, property, and cffects
of such petitioning debtor which have come to his hands, and of the
disposal thereof, and the Court shall examine the same and .shall
certify the result of such examination, and, if rice$ be, ordcr pay-
ment to the creditors of such petitioner, according to the terms of
the resolution or agreement, and may in such account make all just
aUowanccs.

   161. That in case any difficulty shall arise in the execution of the        I f any dificulty arise
                                                                               in the execution of
said resolution or agreement it shall be lawful for the Court to cause         redution, &C., a apa-
a special sitting of the Court to be held, and'the resolution of the           cial sitting may be
                                                                               held.
majority of the creditors at such sitting, who have proved debts to
the amount of Ten Pounds, to confirm, alter, or annul the whole or
any part of such resolution or agreement, shall be as valid as if it had
been part of the original resolution or ~greement:  Provided, however,
                iti 2                                               that
  Dlvxs~m    IT.     that if one-third in numbcr and value of the creditors of such pc&
Of' arrangenzerbts
 trnder the oot~trol tioning debtor do not attend such sittiug, the resolution thcreof shall
 yvthr  co,4rf. not be valid ~mlcss same is qprovcd and confirmcd by the Court.
                                          the
W l m l resolution or            1612. That, so soon as the said resolution or agreement shall haw
agrwment haa bccn
camied into ~ t r w ,         11ecn carried into effi3ct md the creditors of such petitianirlg debtor
Court to give petition-
ing debtor s certificate
                              shall have been satisfied according to the tenor thereof, the ~:o;rt shall
thereof, and such cer-        give to such petitioner a ccrtificatc under the hand of the C'omnlissionrr
tlficntc to operate as a
~ r t i 6 c 1 t c thc first
                of            and the seal of the Court, in the form cc4ntEtincri in the Schedralc Ad
claw.                         to this Act annexed. setting forth the filing of the petition, the resolu-
                              tion of agreement of the erectiitors, and that the said resolution o r
                  .           agnmncGt has been iidly carried into rfiect, and snrh certificate shall
                              @lenccforth(gm-atr to all intents and purpma ns frillyJ     s
                                                                                          a     the snruch
                                                                                            ,
                              were a certificate of the 6rst class under an i n d ~ - c n qant1 sucall (TT-
                              tificate shdl be yonclasivc evidence@' the yct ition, and the p x w c l i n < <
                                J- tlns Act dircrtcd to bc t&cn thcrawndcr.

                                  163, 'I'1i;~t the Conrt, on hcing satisficcl that thc O1Hic.inl A,ssiguc>rh
                               has fully performed his trust shall givc to him a ca.titicate tbrhrcof ill
                               the form col~taincclin Schcddc Ae to this -4ct annexerl, and sach
                                ertifiratc shall bc a full rclcnse and acquittance to such Offi(1inl
                               Assignee, both in law and quit>-, for all inattcrs donc by him
                                                                 - -
                               0ffi&l Assignee.
 If pclson pctitionin&
 do not nttend sitting8
                                  164, That if such petitioning d r h r did1 not dtdy nttend the sit-
 of the   cuilrt,or if hr      tings of the Court, or if he shall not file his account in niannw aforc-
 "0   not file $ m u n t ,     said, wit11 guch estaldcd tiinr as; may bc dlowcd him by thr Court
      ,
 &c petition t o be dis-
 missed ; and if at Rrst                                          id
                               far S U C pUTpOSe, or if h~ shall f to obey any order of the Conrt.
                                          ~
 %ltting ~        ~        ~   which may bc made in the~mattcr of his petition, such pctition sllnll
                                   ~    '    p    ~    ~         ~
 ursented to, or if debts
 contracted I ~ J .finod,      be dismissed ; and if at the first private sitting of the Collrt, or at
 &C., or if p~titionil,g
 debtor h~ not msrle
                               any adjournment thcrcof, the prol3osal of the petitioner or snnw
  true discowry, 6-c ,         modification thereof he not assented to, or if xt any time ~ ~ f t e r ht
 Court may adjudgc
        ineolvcnt and ad-      filing of any yetition for protection, it shall h r shown to the etttisf'acl
 J U U ~ ~thcl proceedings
           '                   tion of the Court by m y creditor that the ileb?~ such petitioner. or
                                                                                    of
  into the pubhc Court,
  BC.                          any part thereof, haw been contractoil by rewon of' any manner of
                               fraud or breach of trust, or without rcasonablc probability at the
                               time of contract of being able to pay the same, or if' it shall
                               be shovn that the affidavit filed with his pctition was wilfdly
                               untrne so far as concerned the assets ready to be produced by
                               him, or that 11c has nut made a full disclosure of his debts and cre-
                               dits, estatc and effccts, and is not desirous of making a bonn j d e ar-
                               rangement with all hls creditors, or that his proposal to that efl'ect
                               is not reasonable and proper to be executed under thc cfircction of
                               the Court, or that he has postponed the presentation of his petition
                               longcr than was excusable, or if within three months of thc timc of
                                presenting his petition he shall have assiped, transfmcd, or made
                                away with any portion of his estate or cffects, otherwise than in due
                                course, or shall have voluntarily donc or suffercd any act whereby
                                his goods shall lravc been taken in cxeclztion, it sliall be lawfid for
                                thc Court to ncljudge such petitioner insolvent, and to adjourn a11
                                further proceedings in thc matter into the public Court, and to ad-
                                                                                                  vertise
68 and the present year."
The Chief Juet~cegave judgment aa follows:-"In
id oaae the main question ia whether tho issue taken
     the second plea to the whole declaration which
                                                             P
   forth the certificate grantod t o the dbfendants under
   arr;lagernent olausee of the Inaoloerit Act ought to
    beell found far thpl plaintiffn or defendants. One of
   facts alleged in that plea was that the plaintiifs 88
    ae all cther peraone who were creditors of the defeu-
                                      were sati&d accord-
       t that date of the ~ t i t i o n
       th? tunor thereof. I h e evidence showed that In
      f fact the plaintiffe had not been satisfied acoord-
                                                                                             D~v~sxos
                                                                                                   vr.
                                                                                          f
                                                                                         O nrrangenzetbfs
                                                                                             by deed.
                                                                                         -   --
                                                                                         Deed of arrangement
                                                                                         cntcred into brh-cen
                                                                                         iny dcbtor and his
                                                                                         :reditora, ~ n dexe-
                                                                                         :uted by six-scvcnths,
                                                                                          n number and val~rc,
                                                                                         )f the creditors w h s e
                                                                                         3ehts amount to $10,
                                                                                         to be binding on all.




            l($& That no such tloed or memorandum of arrangement sliall be               Deed not tn bo binding
                                                                                         upon creditor who has
                  or ob1ig:ttort upon ally creditor who shall not have signed
         t~ffect~~al                                                                     not signed, until ex-
         the satne until afkvr the cspiration of three months from the time at           piration of three
                                                                                         months from notice of
         which such creditor shall haw had notice from such debtor of his sus-           suspension and of pro-
         pension of payment, and of such deed of mcinormdum or arrangement,              posed dccd, &C., unless
                                                                                         Covlrt shall otherwise
         inless such trader shall, within such time, obtain from thc Court an            order.
         ordcr or c~rtificateof the said Court, declaring or certifying that
         such deed or ~ncniorandumof arrangement has been duly siglcd by
         or on bchalf of such majority of the creditors, as aforesaid, and it
         shall be lawful for thc Court to make such order or certificate, on
         the ptitiou of any such debtor, and to exercise jurisdiction in and
         over the rxlatters of any such application, and no creditor who shall
         not havc had fourteen days' notice of m y intended application for
         such ordcr or rertificatc, as aforesaid, shall be bound thereby.
fi
4
     "
            1 G 7. That, when thc trustcc or inspector under any such cleed or            Trustee, or inspector
         n ~ e n i ~ r a n d u ofi arrangc~n~ut, if therc sElall be no such trustee or
                               n             or,                                          to certify as to proper,

li                                                                          inspector,
                                                                                          number of creditonr


 i
     L
  I)rvrsroa vr.          ihspector, when any two of the creditors shall be satisfied that six
Of arrangements          sevenths in number ancl value of the crcditors whose debts amount
  by deed.
                         to 'Fen Pounds, and have signed such deed or memorandum,
having aipnsd, which
certificate shall be
                         it shall be lawful for such trustee or inspector, or for such two
fllcd, &c.               creditors, as thc casc may bc, to certify the same to the Court, in
                         writing, and such certificate shall be filed with thc Official As-
                         signee, and shall, thereupon, be prima ,facie evidence in all Courts
                         of law and equity that such clccd or memorandum of arrangement
                         has been so signed.
Account of debta, &C.,      168. That cwry such certificate as last aforesaid shall ham
to bc: annexed to such
certificate, and to bc   appnld~d   thcreto a full account of the debts of such debtor, together
verified by affidavit
of arranging debtnr.
                         with the names, residcnccs, and oc.cupatior1.r of his creditors, and
                         shall be accompanied by an affidavit by such debtor, verifying the
                         same ; ancl. any omission in such account, or the insertion therein of
                         any debt not really existing. or of any larger amount of debt than
                         that rcally existing, and which shall appear to the Court to have
                                                                       or
                         been made through the culpable negli~erme fraud of such debtor,
                         with intcnt to defraud any of his crcditors, shdl deprive him of the
                         benefit of the provisions of this Act with respcct to arrangements
                         by deed and of thc discharge proposed in any such deed or memo-
                         randum of arrangement : Provided always, that any omission,
                         insertion, or incorrectness, in such account, which shall not have
                         been made through such culpable ncgligcnce or fraud, as aforesaid,
                         shall not defeat or otherwise affect such deed or memorandum of
                         arrangement.
Creditors to havc the        169. That the creditors of cvery such debtor shall have the same
aume rights as in in-
solvency, and not to     rights respectidy as to set-off, mutual credit, lien and priority, and
be prejudiced with re-   joint a d separate assets sh-lall be clistributed in like manner as in
apcct to their rights
against third persons.   insolvency, and no creditor shall be prejudiced or affccted by bcing a
                                                                     of
                         party to any such ddccd or n~ernorand~un arrangement as aforesaid,
                         or by the same bcing obligatory upon him as to his right or remedy
                          against any person othrr than such debtor, and every person who
                                 bc
                          TT-odd entitled to prove in insolvcncy shall be deemed a creditor
                          within the nleaning of the provisions of this 14ct with respect to
                          arrangenlents by deed.

In case of improper         1'70.That if any creditor of any debtor shall be desirous to show
administration, any
creditor may apply to    that the administration of the estate of such debtor has not been duly
the Court.               conducted in conformity with such deed or memorandum of arrange-
                         ment, it shall be lawful for him to apply to the Court by petition
                         snpportcd by affidavit, stating any facts or circumstances to show
                         that such administration has not been duly conducted, and there-
                         upon the Court shall have full power, and it is hereby fulIy au-
                         thorized, to consider the subject matter of such application, and if it
                         shall think fit may direct any inquiry, and in such manner as it shall
                         think proper into the subject of such application, wild generally may
                         make such order and exercise such jurisdiction in or over the subject
                         matter of such application and the costs thereof as to the said Court
                         shall appear just.
  rind with rrspwt to corngosition aftcr. arijuclication of insolvency,            J~-ISIUNvr.
be it lhactcd-                                                                  Compos;ti~?~
                                                                                 itwoZuertcy.
                                                                                              ojiier
                                                                                 - ---              -
                                                                           If, after adjudication,
   l 7 l . That if three-fonrths in nunher and wluc of the creiiitsrs of thrce-t,,mth in nuW.
any insolvent who hitvc. p~oved c-lnimetls l d , at any time before or ber aud d ~uc e c p tcom-
                                    or                                     creditors    c
                                                                                          of
after snch insolrent slid1 hnl-e psscd his last examination, ayree to nc- p i u o n he r h a ~
cupt an oEer of c~omposition   made by such insolvent or his friends, the bind the rmt-
Court may, if it shall see fit, but not otherwise, upon such acceptance
being testified by writing under the hands of such creditors and upon
payment of such sum as the Co~trtshall direct, annul the adjudi-
cation of iilsolve~lcy,and suprr,~;deor dislniss the fiat or petition fbr
adjudication, and thereupon every creditor of snch insolvent shall be
bound to accept of such composition so agreed to : Providcd that any
crcditor may bc heard in opposition to snch ad~uclication being
nnnulled or dismissed: Providcd that try ~ W S C ? I I who h2s made a
claim under the insolvency on behalf' of' any creditor may testify thc?
ncccptonce by such r r d i t & of m r h (~ffer,
                                              mrl such creditor s l d l he
boimd by the act of such person. 'L'hat the order annulling thc
adjudication may be in the form in the ScEledule Af to this Act
annexed, and shall be conclusive evidence that the necessary number
of creditors have agreed to the composition.

   173. That, in deriding upon the offer of composition, no creditor l ) , . o c e e d i n ~after
whose debt is below twenty pom~ds    shall be reckoned i 1 number, but znsolvency.
                                     be
                                                          1
the debt due to such creditor ~1x111 computed in value ; and if any Mod, ,fvotina in de-
                                                                                                -
crcditor shall agree to accept any D,.r: t u i t y higher cotnposition for cidinaupon auch com-
                                    a ~          or                        poultion.
assenting to such offer he shall forfeit the debt due to him togcthcr
with such gratuitv or composition, and the inzolvcxt shrdl (if t h r c t o
required) malic dntth b~dim. the Court that there has been no such
transaction between liim or any person with his privity and any of
the creditors? and that he has not used any undue means or influence
with any of them to attain such assent.

    173. That, whenever the Court shall h a w nlade any such order as           ~~:~~~~~~~
                                                                                     :
                                                                                    :-
last aforesaid, the Court shall give to the insolvent a certificate under       crcditors, Court to
                                                                                givc a ce~tifieatc.
the hand of the Cornniissioner and seal of the Court, in the f'orxn in the
Schedule Ag, to this Act annesed, or to the like effect, and auch
certificate shall. thenceforth operate to all intents allcl purposes as
fully as if the same were a certificate of the first class, and such ccr-
tificate shall be conch~sirc:evidehw of' lhc proceedings in insolvcncy
and the consent of the requisite creditors to the composition.

  And with respect to evidence, be it Enacted---                                  D I V ~ S I OIN.
                                                                                              V I          &

                                                                                   Of evidence.
   174. That the proper officer of the Court shall, on the reasonable           officer of Court to
                                                                                produce proceedings
request of any insolvent or anranging debtor, or of any creditor of             and givc copies thereof.
such insolvent having proved his debt, or of an arranging debtor
when the debt of the arranging crcditor has been admitted in the
petition or proved, or on the like request of the attorney of any such
insolvent, debtor or creditor, produce ancl show to such insolvent,
debtor, crcditor, or attornry, at such times as the Court shall direct,
               N2                                                cvrry
  DIVISION
         vix.               every fiat, petition for adjudication of i~iwlvency,  adjudication of in!
    I)f evidence.           solvency arid petition for arrangement against, or by such insolvent,
                            and all orders and proceedings under any such fiat, petition, or a&
                            judication ; and the C o ~ ~shall order the Oficial Assignee or officer
                                                          rt
                            of the Court, as the case may be, to permit such insolvent, debtor,
                            creditor, or attorney, to have inspection at all reasonablc times of all
                            books, papers, and writings rclating to the matters of such fiat,
                            petition, or adjudication, slid the estadtc of the inmlvcnt or debtor in
                            the possession of the assignees, or filed in Court in such matter, and
                            permit him to inspect and examine the same; and such Official
                             Assignee or such officer shall lxovide for any such insolvcnt, debtor,
                             creditor, or attorney requiring the sanlc, m office copy of such fiat
                             petition, or otlwr proceeding, books, papers, and writings as aforesaid,
                             or of such part thereof as shall be required, rrcciving such fee o r
                                                                                                .C.

                             sun1 or rate of charge as niay bc authorized in that behalf.

J f insolvcnt donot dis-       175. Tliat, if the insolvent shall not (if he were within this
p,utr tho fiat or adjudi-
cation, the Gazette to bo   Provincc at the date of the adjudication) within twcntv-onc davs
conolvsire cviaeneo o i     after the ;dvertiserncnt of the holvcnc; in the South :hst,uli&
the in~olvencg8s
against tne insolvent       Goverrment Gazette, or if he wcre in any other of Her Majwtv's
ana against pc1so.a
vhom the insolvent
                            Australasian Colonics (including the Islands and Colonies of N&
       hare rnrd had        Zealand) at the date of the adjudication, within three months of such
ilellotbccnadju%ed
insolvent.
                            advertisement, or (if he mere elsewhere at the date of the adjudi-
                            cation) within twelve months after such advertisement huve com-
                            mcnceh an action, suit, or other proceeding, to disputc or annul thc:
                            fiat or reverse the adjudication, and shall not have prosecuted
                            the same with due diligence and with effect, the Gazette containing
                            snch advertiscmcnt shall be conclusive evidelice in all cases as against
                            such insolvent ; and in all actions at law or suits in equity brought
                            by the assignees for airy debt or demand for which such insolvent
                            might have sustained any actioii or suit had he not been adjudged
                            insolvent, that such person so adjudged insolvent became an insolvent
                            before the date and suing forth of such fiat, or before the date and
                            filing of the petition for adjudication, and that such fiat was sued
                            forth or such petition filed on the day on which the samc is stated in
                            the Gazette to bear datc.
 In certain actiorrs by
 or sgainst any permn
 acting under the in-
                                                            --
                                176. That in my action, othcr than an action brought by the
                             assignees for any debt or demand, for which the insolwnt might
 suivmcy no proof re.
 quired at the trial of      have sustained an action had 1le not been actjudged insolvent, ancl
 ptitioning creditor's       whether at the suit of or against the assignees or against any person
 debt or act of insol-
 vency, unless notice        acting under the IT-arrantof the Court for anything done under such
 bo given that those         vc-arnmt no proof shall be required at the trial of the petitioning
 1nsttel.s are to be dis
 putcd.                      creditor's dGbt or ofJhe act ;f insolvency respectively, ;mnless th;
                             othcr party in such actlon shall, if ~lefcnd;lotat or b e f o r e m i n g ,
                             and if plaintiff before issile joined, give notice in writing to such
                             assignees or other persons that he intends to dispute some and which
                             of shch matters, ancl in case such notice shall have been given, if
                             such assignees or other person shall prow the matter so disputed, or
                             the other party admit the same, the Judge before whom thc causc
                             shall be tricd may, if hc tliink fit, grant a certificate of snch proof or
                                                                                             admission,
admission, and such assignces or other person shall be entitled to the                      N
                                                                                   D I V ~ OW-
costs occnsioned by such notice ; and such costs shall, if such assignees           f
                                                                                   O evidence.
                                                                                                 -
or otlier person shall obtain a verdict, bc added to the costs, and if
the otlier party shall obtain a verdict shall be deducted from the
costs which such other party would othcrwise be entitled to receive
from such assignees or other person.

   177. That, in all suits in equity other than a suit brought by the The name in ruih in
nssignees for m y debt or demand for which the insolvent might have equity.
sustained a suit in equity l ~ a d not bcen adjudged insolvent, and
                                 hc
whether at the wit of or against the assigiiees no proof shall be re-
quired at the hearing of the petitioning creditor's dcbt, or of the ctct
of insolvency respectively as against any of the parties 111 such suit,
excep; such partics as shall, mitllin tcn days after wjoiilder, give
                                    of
notltr in writing to the as~ignws their intention to dispute some
ancl which of' such matters, and wherc such notice shall have been
given ; if thc assignees ~hlnllprove the matter so disputed the costs
occasioned by sac11 notice shall, if the Conrt see fit, be paid by the
parties so giving such notice, and thc service of such notice may be
proved by affidavit upon the hcaring of thc causc.

    8     That :my fi a l, pc tition for adjudication of insolvency, adju- ! $ " ~ ~ ~ I p e " d " ~ ~
dication of insolvcncy, ptttition for arrangement bctmecn a debtor the seal of the Court
and his creditors, assign~nrnt,       appointment of assignees, certificate, receivable in evidmoe.
             or
der~osition, otlm procecclin~sor orcler in insolvency, or under any
                                  1



su& petition for arrmgtment purporting to have been filed in                   '


insolvency, or yiirporting to h a w bcen taken in any matters in
insolvency, and purporting to be signed by the Commissioner
acting in such insolvcncy, appearin? to bc sealcd with the seal
of the Court, or any writing yurportmg to be a copy of any such
document and proceeding so filed or tuken and signed or sealed shall
:it all times and on behalf of all persons, and whether for the purposes
of this &4ct or otherwise, bc admitted in all Courts whatever as "
evidences of such documents respectively, and of such proceedings
and ordcrs having rcspect,ivcl~r       taken place or been made, and be
deemed rcspectisdy records of the Court without any further proof
thereof.

   179. That all Courts, .Judges, Justices, and persons judicially act-         ~ $ $ ~ i $ ~ ~ ~ ~ c ~ f
ing, and other officers, shall take judicial notice of the signature of         Commissioner of I*-
any Conmissioner of Insolvency, or Official Asdgme of the Court,                   As
                                                                                :$~~!$~~~
and of the seal of the Court subscribed or atttached to any jndicial            of the Court.
or official procreding or dorulnent to be made or signed L d e r the
provisions of this Act.

    180. 'Shat a copy of any commission, fiat, petition for adjudication, Copies of proceeding#
                                                                             Rritiahand
 or other proceeding, or order in bankruptcy in England, filed in the nial Courts of Dank-
                                                                           ruptcy and h o l -
 Court of Bankruptcy, nr other petition fikd in the Court for the .,,      ,
                                                                          ,y
 relief of insolvent debtors in Nyland, or in any Court of Bankruptcy
 or Illsolvency of any of FIcr llajestv's said Australasian Colonies, or
 in any Court for t hc relief of insolAnt. debtors at ('alcuttn, Madras,
                                                                       or
                        or B o i l h q , or at the Suttlemcnt of Prince of Wales's Island, Singa-
                        pore, a i d Malacca, and of any vevting order, schedule, order of
                        adjudication, mzd other orders and proceedings purporting to he
                        signed by thc officer in whose c l ~ ~ t o dthe same shall be, or his
                                                                       y
                        deputy, certif'ving the same to be a true c80py such comnrission, fiat,
                                                                         of
                        petition for idjudiciestion, petition, vesting order, srlwdulq order of
                        adjudication, or other order or proceedings, and appearing to be
                        sealed with the seal of such Court, shall a t a11 times he admitted
                        under this Act as sufficient evidence of the same and of such pro-
                        ceedings respectively, having taken p ace without any other proof
                                                                   1
                        whatever given of the same.
Advettiscmente, when       181. That a copy of the youth Australitr~zGt~arn??nrnt Gaxetfe and
evidence,
                        of any newspaper containing any such advertisement, as is by this
                        Act directed or authorized to be made thcrein respectively, shall be
                        eviricnce of any matter therein cont.dincd, m d of which notice is by
                        this Act directed or authorized to be given by such advertisement;
                        and all proceedings or notices required by this Act to be inserted in
                        the South At~stralinnGovwr~nz~nt  Gazette sh:dl be mai-kcd with the
                        seal of the Court.
Provisions of the Act      182. That the provisions of an Act of the Ilic~~tcn;x~~t-Govcrnor
KO.2 of 1862 to be
applicable to any       and Legislative Council of the said Province, passed on the elevexlth
matter in prosecution
under this Act.         day of November, 1852, being No. 2 of'tllat war, intituled " An Act
                        to ammnd the 1,aw of Evidence," shall be nppiir;tble to any matter or .
                        proceeding in prosecution under the provisions of this Act, and to
                        any matter, question, or inquiry, arising in any Court of law or
                        equity out of or consequent upon any such matter or proceeding.
On death of u+itness,      183. That, in the event of thc death or absence from the
deposition or oHce
copy, thareof to be     Province of any witness deposing to the petitioning creditor's cleht
evidence.
                        or act of insolvency under m y insolvcncy heretofore or hereafter, or
                        under any petition fbr arrangement, the dc~positionof any such
                        deceased witness, purporting to be sealed with the seal of the Court,
                        or a copy thereof' purporting to bc so sealed, shall, in all cases, be
                        reccived as evidence of the matters therein respoctivcly contained.
Before whom d d a -         184. That all rtffidavits to bc made or used in insolvcncy, or in any
vits aru to be sworn.
                         matter or proceeding whatewr under'this Act, shall and may be
                         sworn bcfore thc Couut, or Official Assignee tlweuf, or before a
                         Co~nlnissiorlcrfix taking afidtivits in the Supreme Court, or before
                         any magistrate of this Province, or in England, bcfore thc Court
                         of Bankruptcy, or any Commissioner, Registrar, or Afastcr thereof,
                         or before any Master Ordinary or Extraordinary of the High Court
                         of Chancery, or before any clerk of affidavits or second assistant
                         clerk of affidavits of the High Court of Chancery, or in Scotland
                         or Ireland, before any magistrate of thc county, city, or town, where
                         anv such affidavit shall be sworn, or elsewhere beforc a magistrate
                         and attested bv a notary, or before a British Minister, ~ o & m lor
                         Vice-Cbnsul, & before a . ~ u d ~ ethe Suprrmc ~ o u r in any of
                                                              of                       i
                         flrr .&fajeet.yYs Colonies or Dependencies.
                                                                                      185. That
    185. That the C'ourt of 1nsolvenr:y may in all nrltttcrv witlliir its                  I.
                                                                                  D ~ T I ~V I IO R
jlu.iscliction take the wlrole or any part of tlre evidence, either vivh             j
                                                                                    O 'evidence.
 cote   on oath, or by interrogatories in writing, or upon affidavit.           Evidence may be
                                                                                taken &d eoce or
                                                                                upon affidavit.
    186. Tliat all persons who arc now or who shall hereafter be                Insolvent and inaol-
 clrclarcd insolvents under m y fiat or petition for acijudication of in-       vent's wife to be eb-
                                                                                amined upon declare-
 solvencv, and thv wives of such persons respectively, shall and may            tion.
 be exaniiired before the Court, after making and signing the rlecla-
 ratiorl contained in the Schedules to this Act aiinexed, without
 bcing sworn on oath.

   Alld with respect to Solicitors, be it Enacted-                                Drv~s~ow
                                                                                        vur.
                                                                                Of Solicitors and         '
                                          -
     15'7. That ewry practitioner of, and practising in, the Supreme
 C'ourt may appear and practise in the proceedings of this Court ; and
                                                                                 costs.
                                                                                Every practitioner
                                   -
 in case any person not bcing such a practitioner shall appcar as a
                                                                                of the Suprcwo Court
                                                                                may practise in this
                                                                                Court.
                     in
 l ~ ~ c t i t i o n c r this C'onrt, he shall be dermcd guilty of a contempt
 of C'onrt, a n d be subject to all the penalties incident thereto.

   And with respcct to costs, be it li,ilactccl-                                      Of   costs.


   188. That the C'ourt n ~ a y all matters brfnre it award such costs
                              in                                                Court may in all cases
 as to such Court shall srem fit ant1 just; and in all cases in which           anard costa, which
                                                                                may be recovered as
 costs shall bv sb awarded against ally person, it shall and may be
                 c                                                              i f they were awarded
                                                                                by a rule of the &L-
 lawful for such C'uurt to cause such costs to be recovered from such           preme Court.
 person and in the same manner as costs awarded by a rnle of the
 Supreme C h r t may br r~covered,  itnd that the like rcnledies may be
 had upon an order of snrlr Court W w costs as npon a rule of the &id
 Sqwerrw c'onrt fx costs.
                   i

     189. That every person sumnmied to attend before the Court as              Witneseo~ persona
                                                                                            and
                                                                                known or suspected to
  a person liiio\vn or suspected to have any of the estate of the insol-        have bankrupts' pro-
  vent in his l)ossession, or who is supposcd to be indel~tedto the             perty, &C., entitled to
                                                                                costs of nttendmce,
. insolvent, s1i;dl have such costs and drarges as the Court in its dis-        BC.
  rretion Aid11 tlrinlc fit, and every witness summoned to a t t t d before
  the Court shall have his necessary expenses tenderecl to him in like
  manner as is now by law reqni~.crl11pon service of a subpocna to a
  witness in an action at law.

                                         the                          DIVISION    IX.
   And with respect to offrnces a~clinst law relating to insolvency Of ofences agailcst                   C,


 and other matters in this Act, be ~t Enacted: -                     the lnto relating
                                                                                  to insolaency, and
    190. That if any person adjudged insolvent shall not, upon the                other matters in
                                                                                  tltis Act.
 day limited for his surrender, and brforr three o'clock of wch day,
 or at the hour and unon the day allowed him for finishing his exarni-           Bankrupt not surren-
 nation aftcr notice 'thcrcof in' writing to be served up& him per-              "ring     not delivef
                                                                                 ing lip books, &C., or
 sonally, or left at the usual or last known place of abode or business          removing, conceaEng,
 of such person, or personal notice in case such pcrson be then in               or"beZZ1ing eBtate.
 prison, and notice given in the Smth Austrnlian Gover?zmer~t      Gazette
 of the issuing of' the fiat or filing of the petition for adjudication of
 inbolvcncy ag:tinst him as the case may be, and of the sittings of the
            o2                                                      Court
  Drvrs~onI X . Court (having no lawful impediment proved to the satisfaction of the
 f
O ofences rcynimr Court at such time, and allowed by the Court by a rnernoranduxri
 the law redntiny
 to i ~ d c e n r t jund thereof then made on the prorcedings), surrencler himself to such
                     ,
 other m,akters in Churt, and sign or subscribe such snrrender, and submit to bc ex-
 this Act,
              - -- amined before such Court from tirw to tiuic, or if any such inholwnt
                         npon such examination shall not disoor er ail his r t d and l~erswal
                         estate, and how and to whom, upon whit consideration a i d %\-hen         he
                         disposed of, a~si~wrled transferred any of such estate (and a11 books
                                               or
                         papers and writings relating thereunto, c1xc.ept such park as shdl
                         have been really alrtl b o n d j d e before sold or ciisporetl of in the wtiy
                         of his trade, or laid out in the ordinary t1xpenst3 his f m d y ) , or if
                                                                                  of
                           any insolvent upon sucll csamination shall not deliver up to such
                           Q u r t all such part of such estate and all books, papcril, anti writiw-s
                           relating thrmunto as drull be in his posses~ion,       cnstody, or p w c r
                           (esceyt the necessary wearing apparel of himself, his wife, stnd
                           children), or if any irlsolvent sliall remole, conceal, or embczdc any
                           part of snch estate to the value of 'ken Pourrcls or upwi~rtlyor an)
                           books of account, papers, or writ in ys rehting thcrcto, with intent
                           to rlefrand his r.rcditors, cwrg such inml~clut slzsll Le dcemcd
                           guilty of felony and be liable to penal servit-udc for srrctl t a w
                           a~ the Supreme Court sllall ar!judo.i. or shall be liable to imprimn-
                                                                   R, '
                           m-nt, with or without hard labor, for i i q tcrm riot i~sc~eidirtg   sewn
                           years.
Bmtrupt destroying                191. That if any insolvent shall, after an act of insolrcncy com-
 r fnldying books,
&P.                            mittod or in contemplation of insol-c.c~nc.g, with intent to dcikat
                                                                              or
                               the object of thc law xlating to insolveats, clestroy, alter, mutilate,
                               or falsify m y of his books, pnpfrs, writings3 or. xi-!rurities, or malic or
                               be privy to the making of any f'dse or fixudulcnt erltry in any book
                               of account or other document with intent to defimirl his cr~ditors,
                               every such insolvent shall be dcenicd guilty of a misdcmcmor, and
                               on conviction be liable to imprisonment for any term not exceeding
                               three years with or without hard labor.
 1ns0'bent5wit11inthree

 man& pn~cedln:,*      his
                                  19'2. That if any insolyen t shall, wit hi11 thrcc months next prr-
 xusolvrmry, o l ~ t a m n g   ceding the diite of the fiat or thc: filing of the 1,etition for acljurlica-
 g d s on 1.1 ccll: undcr
 false pl ctenrc of deal-      tion of insolvency, under the fdse color and pretmcc of carrying
 in:: m thc o ~ d l l m y      on business and dealing in the ordinary raurse of tradc, obtain oil
 Lourbe oi trade.
                               credit from m y other perwn any goods or chattels with intent to
                               def'raud the ovxler thcreof, or if any insolvent shall within such time
                               and with such intent remove, conceal, or dispose of any good8 or
                               chattels so obtairtcd, knowing them to have been so obtained, ever):
                               such insolvent shall be deemed guilty of' a misrlemeanor, and on con-
                               viction be liable to imprisonment for any term not exceeding two
                               {-c.as,with or without h a d labor.

  False evidence.                 193. That m y insolvent or insolvent's wife who shall upon -any
                               examination,        itffirnxttion, or after making and signing the d+
                               claratior. authorized or directd by this or any other Act d a t i n g to
                               insolvents; and any person who ;hall upon any examination upon
                               oath or affirmation, or i any affidavit, or deposition, or solemn affir-
                                                         n
                                                                                               mation
mation, so authorized or directed, or in anj- affidavit, or deposition,                             rx.
                                                                                            Z)~vrsros
                                                                                        ?
                                                                                        C     ofences u p i ? tE~
or solemn affirmation, wilfully and corruptly give false evidence, or
wilfully arid corruptly mwrr or affirm anything which shall be false,
being convict~d   thereof. shall be liable to the peilalties of wilful and
                                                                                            ,
                                                                                            the  lafL,
                                                                                              ;,rso~acncy,
                                                                                            other matters i~
rorrupt pcrjnry .                                                                           this Act.

   194. That the Court shall haw f11ll p m c r to commit m y ir~sol-Cuurt poucr to com-
                                                                                        ,
                                                                           n w d r r q to t r
vent dram it may belirw to have committed, or who nxzy bc charged nllttllct iolin,,nR1bit.~ a l
before it with thcl commission of any of thcl offcmces hereinbefo~ tll1a.l of the supreme
                                                                     cb
                                                                        Cuut t.
specified, to t:tkc his t r i d at the crimind sitting$ of the 8upreme
Court, and to grant or refuse bail to such insolvent, in like rrlamer        ,
as anj Magistrate now has.

   195. ' 3 h t if a n y insol] rnt or thc wife of ruly insolvcrlt shall re- .2117 person rcf~lsing
                                                                             t n hc sworn, or rr-
                a     sign t hc tlt:c.lim~tiotlcontairizsi in the Schccluk S fililllP to arls\\rel..or
fade to m t i k ~ r ~ d
to tl~;. A4cataiirwsrtl. or if iiuv other prson shall .tc-fnse to be sworn, ~ l o t f ~ lninl s~w e r i v ,
                                                                             or refusing to -ign
or shall rcfuw to al1kn.w nnv lawf111 question put b y tllc Court, or ,,,,,,,71Jtiun, or to
shall not fiilir s n .;wrlr ;my 4rlr:h qur+ion to thb &faction        of the            <;'~L~~'~~~~~;t~k:
Chart, or s h i l refuw to sign and silbi;cril~r:his exemimtion w h ~ n
reduced into ~vriting(not h~ivinga n y l;twfill objection allowcd by
the ('nul-l) or shall not p~oduvc :my books, pztp~rs, dt+ds, and
writings, or o t h c ~
                     doclmcllts in his custody or power relatincr to any
                                                                   P
of the matters uncles inquirv, which S U C ~    insolvent, wifi: ot the in-
solvent. or person is rcquir&l l q - the Court to proilurr, and to the
production of which he sliall not statc any ol?jection allowed by the
Court; it s h d l be lawfid h r the Court by warrant to commit such
                                      or
insolvcrlt, wife of such i~zso'lvc~it, other person, to such prison as
sud1 Chnrt shdl thirlh fit, there to remain without bail t~ntil shall
                                                                    hc
submit himstllf to snch Court to be sworn anti full answers make to
the satisfctction of such 4 h r t to all such lawful questions as shall be
put by the. Court, and sigi a i d sul)scribe such exarnination, and pro-
tluce such books, I):q)rm, rtcrds, writiriw ' arid other docunients in his
                                           B.
custody or power, to thc protluc.tion of which no such objection as .
aforesaid has bceri allowed.

    I M . That if any lmson h r committed by the Court for refusing ~ ~ l e s t i a n s he p r -
                                                                                    to
                                                                                         ,
 to a n s w r or for not fully answering any qucstion put to him by the ticularly specified in
 Court, such Court shall, in its warrant of commitment, specify every
 such question : lirovideci that, if any pcrson so committed shall bring
 any hnbeas corpus i n order to be discharged from s~zchcommitment,
 and there shall appear on the return of such habeas corpus any such
 insufficiency in the fbrm of the warrant whereby such person was
 committed b y reason whereof he might be discharged, it shall be
 lawful for the Court or Judge before W-horn such person shall be
 brought by habeas corpus, and such Court or Judge k hereby required
 to commit' such person to the same prison there to remain until he
 shall conform, unless it shall be shown to such Court or Judge by
 the person cnmmittcd, that he has fully answered all lawful questions
 put to him by the Court, or if such peyson was c.ommitted for refusing
 to bc sworn, or for not Ggning h s examination, unless it shall appear
 to such Court or Judge that he bad a suficient reason for the same :
                                                               Pravided
  Z)IWSIOY        IX.       Frovided a150 that such ('out or Judge shall, if reynired thueto by
(Z? oflknces agnimi         the person committctl, in case the w\-tlole of the esamination of tlw
  ,
  t l ~ cI(~zL' relating
            ,,,
      ;,,,l,.
  d h e r ,cnticm in
                    .,),I   person SO committnl shall not have been stated in the wz        cilclnt oj
                            cornnlitlnmt, inspect and consiclcr the whole of the examination 0i
  this A d d .              such person whereof any such question was a part, and if it shall
                            appear from thc wliole c & ~ n i i ~ a t i othat the answer or answers ot
                                                                         n
                            the persons committed is or are satisfixtory, such C o x t or Judge
                            shall and may order thc pcrsox~so canimittcd to be cliscllarged.
A.rimn0c disobcyiw
dirc4on to pap or
                                  197. That if any assig?ee shall retain in his hmds. or employ for
nlvest money,                his own benefit, or knowingly permit any co-assignee so to retain or
rrtainlnf: it) 07. per.*     einploy any sum, to the amount of more than orle hundred puunds,
mitting c o - a s s i g n e ~ ~ ~ ~
retain or enil,!or it, to part of the estate of anv insolvent, or shall nrgleat to invest any
bech"r~r"R1tll
twenty per cent.
                            1~q11cy~ 1 ~ directed iiy the Court, every such assignce shall be
                                              1 1
                            lia%+Le Ije cllargctl in his account with such sum. as shall be equal
                                   to
                            to inteFst at the rate of twenty per crnt. per amrum on all such
                            rnorley fiirl; the time during which he shall hake so retained or
                            moploged die M               .ing which he shall have so ncglectctl t u
                            invest the samr,=owt               is hrwl)y reqiliwd to charge every
                            such assignre in his account accorilingl-y.




 If dvht w o r n to by         199. 'l'hnt if tllc debt stated bv the pctitioning creditor in his
 p3itiuning crcdito~\)c
 ..t nu., or if ~ , . ,,t.
                       t    nRida1 it,. or in his yetitim fiw adju&a tion. and vcrificd by affidavit
 ~nsolvcncy not
              h(,
 proved, nnd ~t apprnr to he clue to him from any debtor, shall not be really due. or if, aftcr
                                                                                         of 1
 that tllu fiat or petition : fiat i ~ h l l t d ,Or p0titi011 for ~ ~ ~ j l l d i ~ a t i O lillsohency filed, it shall
                            I
 w,ts ia,ued or filed
 fmmtdolcntly or            not have becn proved that the pel-son agiiinst \vlmn such fiat has
  maltti~~~i+r,  Court      been iss\1~11, petition filed, had cornmittcc-l ;m act of iilsolvency at
                                                 or
 may 01 dar satisf~ction
                                the time of the issuing of the fiat, or filing of' such petitioil. and it
                                shall also appear that; such fiat was issued, or that such petitiou was
                                filed fraudulently or maliciously, the c'o~irt shall and may, upon
                                perition of the person against whom any such fiat or petition was so
                                issned or filed, examine into the same, and order sati+fkction to be
                                made to hi111for the damages by him snstained.
                     I


 Petitioning crcditor              200. That if any petitioxiing creditor shall, after the insol~wlcy,
 cornpou~idiug  with        .
 dcbtor:lSterinsol-             receive any money, satisfaction or security for his debt,, or any part
 rcncy.
                                thereof, whereby such petitioning creditor may receive more in the
                                pound, in respect of his debt, than other c r d t o r s , such petitioning
                                (:reclitor shall forfeit his whole debt. and shall d s o rewm and deliver
                                                                                                  I   i

                                1 p such money, satisfiction, or sccnrity, or the full value tlwreof', to
                                 1
                                the assigrlee or assignees of such ilrsolvcnt, for the benefit of the
                                ueditors ot' such insolvent.
                                                                                                          201. That
  201. That any person who shall wilfully conceal any real or                        DIVISION
                                                                                            IX.
                                                                          f ofences agni?ist
personal estate of the insolvent, and who shall not, within forty-two Othe Jaw relating
days after the issuing of the fiat, or the filing of the petition for to insoluenc.y, and
adjudiration of insolvcnvy, discover snch estate to the Court, or to other matters in
the assignees, shall forfeit the sum of One Hundred Pounds, and this Act.
double chc value of the estate so concealed ; and any person who Concealing insolvent's
shall, after snch time, voluntarily discover to the Court, or to the efft'cts.
itssignees, any part of such insolvent's estate, not before come to tfie Allowance to persons
knowledge of the assignees, shall be allowed five per centurn there- m&ug discovery.
upon, and such further reward as the assignees, with the conscnt of
the Court, shall think fit to be paid out of the estate recovered on
such discovery.

   202. That if any crcditor of an insolvc>ntshall ol~tainany sum of              Ohtnmmg rnmey,
                                                                                  goods, &C., as an
moiicy, or any goods, chattels, or security for money fionl any                   iuducomt~utto forbear
person, as an irtduceinent for forbearing to oppose or for consenting             opposition, or to con-
                                                                                  sent t o al1owancc of
to the allowa.nr:e of the certificate of such insolvent, or tc, forbear to        certificate.
pet,ition for the recall of the same, every such creditor, so offending,
shall forfeit and lose, for cvery such offence, the treble value or
amount of such money, goods, chattels, or'security, so obtained (as
the case be).
                                                                                  Officers, &;C., taking
   203. That, if any Corntnissioncr, clerk, accountant, messenger,                fees iluproyerly.
assignee, or any other officer or person whatsoever, shtll, for any
thing done, or pretendrd to be done, under this Act, or any other Act
relating to iwwlvcnts, or under color of doing anything u d e r this
.4ct, or any such other Llct,fraudnlently auti wilfully dei~mnd take,
                                                               or
nr appoint or allow any person whatsoever to take for him. or on his
account, or for or on account of -any pcrsoil by him named, or in
trust for him, or for any other person by him named, any fee,
emolurnen t, gratuity, sum of money, or anything of vctluc, whatsoever
other than is allowed by this Act: or any such other Act, as aforesaid,
such person, wlrcn duly convicted thei:eof, shall forfeit iuld pay the
sum of Five Hundred Pounds, and be r c ~ d c r e dincapable, arrd is
hereby rendered incapable of llvlding any office or place under Her
Majesty.
                                                                                  Purging signature oP
   204. That if any person shall for= the -L-any Com-
                                             simature of                          Commissioner or
missioner, or of the Qfficial Assignee, Accountant., or other                     otficer, or seal of the
                                                                                  Court.
officer of the Court, or shall .forge _ _ comlterfeit the seal of the
                                                             1-1__

                                                        3
Court, or knowingly concur in using any s u T f o ~ g i i m e w i t e r f e i t
signature or seal for the purpose of anthcnticating any such pro-
ceeding or document, or shall tender in evidence any such pro-
ceeding or document with a, false or counterfeit signature of
any such Commissioner, Official Assignee, accountant, or other
officer, or a fdsu or counterfilit seal of the Court subscribed or
attached thereto, knowing the same signature or seal to be fdse or
counterfeit, cvery such person shall be guilty of felon and shall be
                                                d
liable to the same punishment rw any offcn er un cr an Act. %

   205. That any person who shall insert or cause to be inserted in
                 P2                                                        the    rity.
  DIVISION     IX.         the 8outh Australia?$ Gouelmne~ttGaknettt],or in any ilewspaper, any
 f
O offences ~ g a i t l s t advertisement, undcr this Act, without authoritv, or knowing the
 the law re tat it^^
 to insolvency, and same to be false in any material particular, shall "be guilty of a mis-
 other matters in demeanor.
 thi8 Act.
Gaoler suffering per-        206. That if any keeper of any prison, or any gaoler, to whose
sona committed, to        custody any insolvent or othcr person shall be duly committed, shall
eacape, &c.
                          refuse to receive R I I C : insolvent, or other person, or shall s ~ ~ f f him
                                                      ~                                              er
                          to escape, every such kceyer, or gaoler shall forfeit Five 1Iuuclrc.d.
                          Pounds.

Application of for-          207. That all sums of money forfeited undcr this Act or by virtne
felturea.
                          of any conviction for pcrjury committed in any oath, affirmation, or
                          declaration hckcby directed or authorized, may be sued for by the
                          assigneczs of the estate and effects of any insolvent connected th crcwith
                          or interested therein, in the Supreme Court, and the money so re-
                          co~ered  (the charges of suit being detluctect) shall be paid to the
                          credit of the unclairnecl dividcnd fund.

                            And with respect to the definition and explanation of tcrrn~, i t
                                                                                        bc
                          Enacted-

                                    208. That ihe terms and words hereinafter en~~rnemtt-d ex-      or
                                plained, wheresoever occurring in this Act, sh:zll be understood as
                                hereinafter defined or explained, unless it be otherwise syecittllj pro-
                                                                                                  ~
                                vided or there be somrthing in the subject or contcxt rcpug 1 1 ~ lto     lt
 Court.                         such definition or rxplanatiun, that is to say-The t c m " The Court,"
                                 and the term b"l'he <hurt of ~nsolvcnc~,"     shall mean l1 r r Jl ajrsty's
 Fiat, and fiat in in- Court of Insolvencp in South Australia; the term " Fiat" and                    Fiat
 solvency.                       in Insolvency" shall mean also, and includc any co~nmission in-     of
 Annulling.                      solvcncy ; the tcrm an null in^" s h d l meal1 also, and inclucle super-
 Month.                          sedirlg ; the term "Bfonth " shall mean a calendar month ; the term
 Assignees,                        Assignees" shall mean the assignees of the estate a n d effects of' the
  Oath.                          insolvent ; thc term Oath" shall be deemed to inclucic the dc-
                                 claratian or affirmation of any person authorized by law to dcclwre
 xumber and gender- or affirm ; words importing h                       sirlglllsr number or masculiii e
                                 gender only, shall be understood to include several matters as well as
                                  one matter, and sereral persons as w ~ l las one person, and boclics
                                  corporate as well as individuals, and females as well as males, zind
                                  words importing thc plural nuniber shall be understood to apply to
                                  one matter as well as more than onc, and to one person as well as
  m e r e anp part+nr             more than one ; and in all cases in which any particular nurxbcr of
  number of days is pro-
  llLribedfor doing an daw is prescribed by this Act or shall be mentioned in any rule or
  a c t h o w t i m e m k o n c ~ order of Court which shall at any time be made under this Art, fur
                                  the doing of m y Act, or for a i y other purpose, the same shall be
                                  reckoned in the absence of any expression to the contrary exclusive
                                  of the first and inclusive of the last day, unless the last day shall
                                  happen to fall on a Sunday, C'hristmas Day, Good Friday, Monday or
                                   Tuesday in Easter week, or a day appointed for a public holiday, i n
                                  which vase the time shall be reckoned exclusiw of that day also.

                                                                                               209. And
                                    3"
                                                                        ";
                                    *%   '

                      4                                               h\,
                L,              *            X
                                                 a   -   X " .



                                                                 It
   209. And be it Enacted: That this Act shall cxtend to aliens and ' A i m s mad &m'-
rlcnizens both to make them subject thereto arid to entitle them to all Ze'ZS. -
the benefits given thereby.

  210. And be it Enactccl, 'l'llat this Act may be anlentled or regcaled               be lim,Pn*
                                                                           (led, &c.
by any Act to be passcd in the present Session of Parliament.              - . -----
                        SCHEDULES ItEFFltRED TO.



                                           iCfc,~senyer'sFees.
                                                                                                ;C a.   d.
Attending tlie Court till adjudication ...................... 0 10                                      0
Executing warrant of aeiaurc of goods, inclnding inventory and
      report, where the same do not eaceod five folios of seventy-
      two words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1     0
F o r erery arlditional folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    0 0    G
Allowance to man in possession, per day . . . . . . . . . . . . . . . . . .                      0 7    6
Service of duplicate of adjudication. . . . . . . . . . . . . . . . . . . . . . . .              0 5    0
On every arrest in C'ourt of an itwdvent or othcr pcrson com-
      mittcd, conveyitlg him to gaol . . . . . . . . . . . . . . . . . . . . . . . .             0 10   6
For the arrest of any person out of Court . . . . . . . . . . . . . . . . . . 1 1                       0
For convrgis~gthe last-mentioned persons arrcsted to gaol, such
      rcasoiiablc travelling and othcr expenscs of' the person
      arrestcd as paid and as map be allowed by thc Court ....
Service of warrant on gaoler to relauae imprisosied insolverrt at
      the suit of the iletnininc creditor, and of warrant of tletz'lner
      a t the suit of the Oficial Assignce . . . . . . . . . . . . . . . . . . . .               0 5    0
Service of any other warrant or proccss on gaoler . . . . . . . . . . . .                        0 6    0
                                           .
Executing every scarch .cvar~,~nt. . . . . . . . . . . . . . . . . . . . . . . . .               0 10   B
Service of any o t h srlmmons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 5               0
Warrant or order 11ot lrereinbefi~rcspecifird . . . . . . . . . . . . . . . .                    0 5     O
For ever1 mile beyond the limit, of thc PCwk1,and.i and within
       seven miles thcreof, trarclled in the service or execution of
       any poces5 of the Court, each n a y . . . . . . . . . . . . . . . . . . . .               0 0    fi
For every mile bcyo~rd SPVW miles from tliosr linlits, each w a y . 0 l                                  0
('onznliesio~~ bellii~g.not e ~ c w d i i ~per ccntrrnl . . . . . . . . . .
               on                                     g,                                         5 0     O




piling cvcry declaration of insolvency. . . . . . . . . . . . . . . . . . . . . .
Advertising ..............................(same a s p i d )
Filing every petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Order of Court extending time for atljridication . . . . . . . . . . . . . .
Hearing fee, if no adjudication inade . . . . . . . . . . . . . . . . . . . . . .
Adjudication of insolvency on the petition of a creditor, in-
   . cluding order for reversal (if an?;), advertising meetings for
     choice of Assignees, hearing on last examination, ant1
     adjourned hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The like, if adjudication made on thc application of thc person
     il~dcbtcd  ..........................................
The likc. if made on the auulication of an ininrisoncd debtor . .
                                     L L

For every warrant for seizure of' moTble property. . . . . . . . . . . .
Taking recognizance of bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Order for discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Every other order, except for payment of wages . . . . . . . . . . . .
Preparing schedule and balance sheet (the sun1 paid to the ac-
     countant under section 55.)
For every certificate of the Court, payable on delivery thereof to
     the insolvent ......................................
Certificate of sums for which assignees (except Ofl-icial Assipee)
     are to be judgment creditors. .........................
For every audit and dividend meeting. .....................
For every hearing for special purposes, not at the instance of the
     insolvent and nnt requiring advertising                    ................               1   0     0
                                                                                                             For
    For every like Ilearing, requiring advertising, including cost of
         advcrtiscments ....................................
    For every summons to the insolvent or other person..                     ........
    For every warrint for the iippreliension of the insolvent or other
         pcrson ............................................
    For every warrant of commitment ........................
    Per centage on {Ire gmss amount received on each cstatc up to
         the first $200, per cent. ............................
    For every further sum up to £400. per ccnt. ................
    For every further sum beyond SfO0, pcr cent. ..............
    For cvcry hearing under division No. G ....................
    For confirnlation of agreement, including filing and certificate
         thereot, under divi~ion NO. 6 . . . . . . . . . . . . . . . . . . . . . . . .
    Certificate ol' agreement having been carried into effect                  ......
    For cvery ofice copy of any document not exceeding five folios
         of seventy-two words. ...............................
    And for every additional folio               ............................
    Taxing costs ..........................................




                                                        C
                                            (The Insolrent Act, 1857-8.)
                            Declarntion oJ' insohemy 6y Debtor.
  I, the undcrsigncd                                of                   do herebb
declare tlittt I am 7:n:llde to meet my cngagcmcnts with my creditors. Dated at the
hour of            ~ ' c l a c i ti11 the              noon this                    duy of
in t h q w r of our Lord                   cigllt
                              o : tl~ou~ili~cl fi~indred
                                   ~                    and
  Witness-                           a prnctitioncr 3f the Suprcmc Court of South Australia,




                                                         D
                                            (The Tnbulvcnt Act, 1857.8 )
                  P~fit:'o,z Crcclitor for A l j d i c u t i o n o f I ~ ~ s o l u s n c y .
                             by
          To thc Court of Insolvency-
   The humble pctition of                        of                           sheweth-
   That                           of                     is indebted to your petitioner in the
sum of Fifiq [if t w o prtitioners Scvcnty, and if three or more One Hundred] Pounds
[as thc case may bc], and that your petitioner has been inforrncd and Lelie\t>sthat
the said                          did lately commit an act of insolvency within the true
intent and ~r~c\;~riing law of insolvency:
                      o f the
   Ynm pctitioncr, ~htrcforc, hur~~trly    prays that, on proof of the requisitrs in that
behalf, adjudien+ion of in~:olvency  may be made against the said
   And yonr petitioner shall ever pray, &c.
  Signed by the petitiozler                                            on the           day of
18 in tkc prcsciux of                                       solicitor in the matter of this petition.

   [If the petition be by partners, alter the form accordingly, and let it be signed
by one on behalf of himself and partncrs. If the petition bc by sevcral, not being
partners, the11 it lisnst be signed by each; and, in such case, thc names of the several
petitioners s1:oulcl bc stated in the attestation or attestations relating thereto
respectively. If the pctitioncr cannot speak to the place of residence, or busincss of
the debtor, strike out the ~vermentas to that and annex tq the petition LL separate
affidavit of somc person who can speak to the fact. If the petition be against
partners, alter the form accordingly.]
                                                                                                        E
               Q 2.
                                           E
                                (The Imolvent Act, 1857-8.)
                      Afidauit of truth o allegations in Petition.
                                          f
                               of                    in the Province of South Australia,
the petitioner named in the petition hereunto annexed, maketh oath, and saith, that
the several allegations in the said pctition are true.
           Sworn at           this          day of           ,l8 .
                                                    Before me,
                  [If the petitioner affirm, alter the form accordingly.]




                                            F
                                (The Insolvent Act, 1857-8.)
         Petitimt bg a Debtor for Adjudication of insolvency against himself.
          To the Court of Insolvcncy-
   The humble petition of                        9of                     sheweth-
That your petitioner, being unable to mcet his engagements with his creditors, has
filed a Declaration of Insolvency, i manner and form in that case made and pro-
                                     n
vided : Your petitioner, therefore, humbly prays that, on proof of thc requisites in
that behalf, adjudication of insolvency may be made against him.
   And your petitioner shall ever pray, &c.
          Signed by the petitioner, on the                day of          18 ,
               in the presence a f             , svlicitor in the matter of this
               petition.
   [If the petition be by partner!, alter the form accordingly, and state the names of
the several petitioners in the attestation or attestations relating thereto respectively.]




                                             G
                               (The Insolvent Act, 1867-8.)
                   Undertaking of P~actitionerof the Courtfor Pets.
           I n the matter of thc petition of               7   of
   1,          , a practitioner of the Supreme Court, undertake that I will be answcr-
 able to the Official Assignee for tLe fees of Court, authorized to be taken in the
 matter of this petition, -
          Dated tbe            day of               , 18


                                               11
                                 (The Insolvent Act, 1867-8.)
                  Adjudication o Insolve?zcy on the petition of a Crreditor.
                                 f
    Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
         day of           , in the year of our Lord 18 .
           In the matter of
    Upon application made to me this day by               of counsel for          and upon
 reading the petition of            filed in this Court on the     day of         and upon
 proof upon oath this day taken, this Court doth find that thc said            is insolvent,
 within the meaning of the Insolvent Act, 1857-8, and that hc became so before the
 date of the filing of the said petition, and doth adjudge him insolvent accordingly.
 And this Court doth order and require the said                 to surrender himself' to the
 said Court of Insolvency on or before the              day of          next.
                                                                   A.B., Commiusiouer.
                                                                                             I
                                            I
                                (The Insolvent Act, 1867-8.)
                A$udieation o f Insolvency on the petition of a Debtor.
   Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
           day of           ,in the year of our Lord 18 .
           In the matter of
   Upon application made to me this day, by          of counsel for and upon reading the
petition of the above-named                    filed in this Court on the          day of
           this Court doth find that the said                     is insolvent within the
meaning of the Insolvent Act, 1857-8, and that he became so before the date of the
filing of his said petition, and doth adjudge him insolvcnt accordingly.



                                            J
                               (The Insolvent Act, 1857-8.)
Orderfor petition for adjudication of Insolzlemey to be proceeded in o n a substituted
                                           debt.
  Court of Insolvency, at the 1,ocal Court House, Victoria-square, Adelaide, the
          day cf          , in the year of our 1,ord 18 .
          In the matter of                     , an insolvcnt.
   Upon application made to the Court this (lay by              of counsel for
a creditor of the above-named Insolvent, and who has proved a debt of sufficient
amount to support an adjudication, and the debt of the petitioning creditor having
been found by the Court to be insuficierit to support the adjudication of insolvency
against the above-named insolvent, it is hereby ordered that the debt of the said
          be substituted fur t,he debt of the petitioning creditor, and that the costs of
[stating such order as to costs of a y of the parties concerned as the Court thinks fit.]
                                                                 A. H., Commissioner.



                                            K
                                (The Insolrent Act, 1857-8.)
Ordw$ring nmount .for which the O$icinl Assignee shall Zle n Judgment Oreditor o
                                                                               f
                               the Irtsolvent.
   Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
               day of            , in the year of our Lord 18     .
          In the matter of                              , an insolvent.
   This Court doth order that the above-named insohent stand indebted to
                 , Esquire, the Official Assignee of Insolvents' Estates, in the sum
of                                                    .
                                                      [If any other slim is substituted,
add in lieu of the sum of                                      heretofore ordered.]




                                            d
                                            I
                               (The Tnsolvent Act, 1857-8.)
                              Order reversing adjzrdicution.
  Court of Insolvency, at the Local Court House, Victoria-squarc, Adelaide, the
               day of            , in the year of our Lord 18 .
         In thc matter of                              , an insoltent.
  Upon reading the proceedings in the above matter, 2nd upon healing [thc evidence
now adduced, if the case be so, and] what was allegd b ~ .
and being satisfied that the petitioning creditors' debt aid the act of insoltency [or
specify ?he particular matter deemed insu@cient, as the case may require] upon which
the adjudication of insohency made against the said                                 011
                                                                                   the
the             day of           , was grounded, were and are [or was a n d is] insufficien
to support such adjudication, and no other debt or act of insolvency [or specify the
particular matter requisite in lieu of that de?mcd insuffcient, as the case may require]
sufficient to support such adjudication being proved, I do order that the adj~idication
of insolvency, made against the said                              , on the said
day of            , be reversed, and the same is hereby reversed accordingly.
                                                                 A. B., Commissioner.



                                              M
                                  (The Insolvcnt Act, 1857-8.)
                      Warrant to discharge Imprisolzcd DcLtor.
  Court of Insolvency, at the Local Court IXousc, Victoria-square, Adelaide, the.
                 day of                i n the year of our Lord 18
         In the matter                     , an Enuol\ ent.
   Whereas the said                   having this                  day of
l8     been adjudged insolvent, these are to will, require, and authorize you t a
discharge the said                 out of your custody, at thc suit of whomsocvcr he
may he detained by you for debt, and for so doing this shall bc your sufficient
warrant.
                                                      A. B., Comniissioner. (L.s.)




                                  (Thc Insolvent Act, 18.57-8.)
                            JVarrant to lo:?gc 11~solcent Gnol.
   Court of Insolvency, at the Local Court Housc, Victoria-square, Adelaide, thc
                  clay of                   in the year of our Lold 18
            I n the mpttcr of                     , i ~ inr ~ s o lcnt.
                                                                   \
   Whereas, by virtue of an ordcr of this Court, bedring cl,~tc         the              clay of
                  18                                    nt
                          the abovc-namd i n ~ o l ~ c stands iwlebted to
 Esquirc, the Official Assignee of the insoli cnt's cstnte, in the sun1 of
 Pounds, thcse are, thcrefore, to will, rcquirc, and authori~c            you immediately upon
 receipt licrcof to talrc into your custody the body of thc said                              and
 him safely convey to Her Ma,jccty's Gaol. at Adeljidc, and him then dvli\cr to tht
 Keeper of the said Gaol, together with this plecept ; and t l JCt:eper of the baid
                                                                             ~
 Gnol is hcreby rcquirctl and authorized to rewivc the s i d                            into his
 custody, and him safcly keep and detain until this Court shall mrilrc order to the
 contrary.
                                                              A. H., Comrni5s:oncr. ( ~ 3 . )
 To the Messenger of this Court, or to his Assistant,
         and to the Keeper of H e r ISlajcsty's Gaol at
         Adclaide, and his Dcputy there.




                                  (l'hc Insolvent Act, 1857-8.)
                                    Order for B d .
    Court of Insolvency, at the Local C n u ~ tIIouse, Victoria-square, Adelaide, the
                 day of             in the year of our Lord 18
           I n the mattcr of                  , an insolvent.
    I order that the above-named insolirent shall be discharged out af custody on his
 finding sufficient surety or sureties to enter into a recognimnce to the Official
 Assignee in the sum of                          Pounds for the persond appearance of
 the said                    i this Court when lawfully required until hc shall have
                              n
 passed his last examination.
                                                              A. B., Commissioner.
                                                                                                P
                                    (The Tnvolvcnt Act, 1857-8.)


   Court of Insolvency, a t the Local Court House, Victoria-square, Adelaide, the
                day of               in the year o t' o m Lord 18 ,
           In the matter of                    , an insolvent.
   Appeamcd personally this day                         of                 , and
        of                 and xevcrally aclrnomledgcd that they owed to               7

Esquire, the Official Assignee of this Court, the sum of                         pounds
sterling.
   The condition of thc above recognizance is such that, if the alrove-named
                 shall personally appear in this Court, in the matter of his insolvency,
when litwfully required, until he shdl have passed his last examination, the above
recognizance shall be void, otlicrwise shall remain in full force and effect.




                                   (Thc Insolvent Act, 1857-8.)
                                      Form of Pmteetion.
   171 the Court o
                 f
                   .y.
      f~?S?sr~!l'~'?l
                         1
                      I n the matter of
                           insolvent.
                                                                                       an

  'I"ht1 above-named insolvent, having duly surrendered and conformed, is hereby
protected from arrest for debt till the                      day of
nest. Dated this                  day of                in t h year of our I,ord, 18 ,
                                                     A. B., C'on~rniGoner. ( I , . S.)
                              [If protection enlarged, add]
   Enlarged to the                day of               next. Dated this
day of               18      .
                                                        A. B., Commissioner. (L.s.)




                                                R
                                    (The Insolvent Act, 1867-8.)


   Court of Tnwlvcnc.y, a t tlic Local Court House, Victoria-square, Adelaide, the
              day of                 in the year of our Lord 1 8 .
   Whereas, by 2vitlence duly taken upon oath, it hatk b c m made to appear to the
satisfaction of me. the undcrsignetl, Commissioner of the (!ourt of Insolvency, acting in the
prosecution of ~1 petitim for r ~ ( l j ~ d i ( ' ~ t iinsolvency, filed and now in prosecution
                                                   of ~ n
against                     of                    , in thr Yrovi~iwof' R o u t h Australia, bearing
date the                   day of                     , and urlclcr wllicl~the said
h&h ljeen adjudged insol%ent,arid there is reason to suspect awl believe that propcrty
of the said                       is c o n w a l ~ d the house [or other place, describing it,
                                                    in
a s the case may be] of ono                 of             , in t h said Province, such hollv not
belonging to the said insolvent; these are, tbercfore, by v i r h e of' the in solve*^^ A d ,
1857-8," to authori~eand require you, with necessary and proper assistants, tri untcr,
in the d:ty-timr, irto the house [or other place, dc~icribi~lg d s thc case may be] of
                                                                        it,
the said                 situate at                      aforesaid, and there cliligrritly to scarch
for thc sail1 propcrty: arid if any property ofthe said insu1v:tit shall he thc~rcI'onnd by
you on such search, t h t you seize the same to be clirposcrl of and dealt with according
to the pro\-isions c.f the salcl Act, Given ~nitlermy hmrl and the seal of the Court,
the day and year above written.
                                                                   A. B., Commissioner. (L.s.)
   To
Mcsscnger of the said Court, ancl his assistants.
   [If there be reason to suspect that the insolvent and his property arc concealed,
alter the warrant accordingly.]
                                                                                                  a
                  B2
                                              S
                                  (The Insolvent Act, 1867-8.)
       F o r m o Declaration to he made by the I n s o l u e ~ ~ t the Insolvent's Wve.
               f                                               or
   Court of Insolvcncy, at the Local Court House, Victoria-square, Adelaide, thc
                  day of                      in tho year of our Lord 18
       In the matter of                       , an insolvent.
   I                   the person declarcd an insolvent under a fiat in insolvency dated
the               day of               18        [or, under a petition for adjudication of
insolvency filed on the           day of             18 ] [or, I,                 the wife
of            declared an insolvent under a fiat in insolvency dated the               day
of          , or, under a petition for adjudication of insolvency filed on the
day of                do solemnly promise and declarc, that I will make true answer to
all such questions as may bc proposed to me, respecting all the property of the said
          , and all dealing4 itnd transactions relating thereto, and will make a full and
true disclosure of all that has been done with t h c said property, to thc best of my
knowledge, information, and belicf.
   Signed                A. B., (or, C!. D., the wife of the said A. B.]



                                              T
                                  (The Insolvent Act, 1857-8.)
                       Admission o f Debt by Creditor of I?zsnlvent.
  Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
          day of         , in the year of our Lord 18       ,
       In the matter of                       , an insolvent.
  I, the undersigned,                of               do hcreby, in open Court, confess
that I am indebted to the above-named insolvent in the sum of                 upon the
balance of accounts between myself and the said insolvent.
  Witness                a practitioner of the Supreme Court named by the said
          [or named by the Court hcrcj ,according to the Insolvent Act, 1857-8.




                                              U
                                  (The Tnsolvent Act, 1867-8.)
Order for payment      o
                       f   debt admitted in C70wrt to be due to the estate o j ' a n Imolvent.
  Court of Insolvency, at the I m a l Court House, Victoria-square, ,4delaide, the
               day of             , in the year of our Lord 18 ,
         In the matter of                               , an insolvent.
  Whereas                                  9 of                   , in 11:s examination,
taken this day, and signed and subscribed by the said                                has
admitted that he is indebted to the ahove-namcd insolvent in the sum of
          upon the balance of accounts between the said
and the said insolvcnt, it is hereby ordered that the said
do pay to the Official Assignce of the cstate and effects of the said insolvent, in full
discharge of the sum so admitted, the sum of                            forthwith [or, if
otherwise, statc the t h e and manner of payment], and that the said
          do also p:~y thc said Official Assignee the sum of
                       to                                                           , for
the costs of, and incident to, the summons of the said                                 in
this behalf.
                                                                 A.B., Commissioner.
   [If the Court shall not adjudge the costs of, and incident to, the summons to be
paid by the person summoned, or if the Court shall adjudge the Official Assignec to
pay to the person su~rmoned costs out of the estate and effects of the insolvcnt,
                               his
alter the form accordingly.]
                                                                                           W
                               (The Insolvent Act, 185'1-8.)
                     Order for imprisunment O H lust exnn&ation.
  Court of Insolvcncy, at the Local Court House, Victoria-square, Adelaide, the
                day of            ,in the year of our Lord 18      .
           In the matter of                            , an insolvent.
  Whereas                                                    the assignees of the estate
and effects of thc said                    are judgment creditors of the said
           for the sum of                      , and whereas it has been provcd to the
satisfaction of thc Court that the above-named                               [hcrc state
the offence or offcnces found to have been comnlitted], this Court doth adjudge that
the said                            be imprisoned in Hcr Majesty's Gaol, at Adclaide,
at the suit of the said assignees, for the term of                      unlcss he shall
sooner satisfy the said debt.




                                (The Insolvent Act, 1867-8.)
   Court of Insolvency, at thc Local Court House, Victoria-square, Adclaide, the
                 day of             , in the year of our Lord 18 .
            In the matter of                               , an insolvent.
   Whereas a petition for adjudication of insolvency, bearing date the                  day
of               , in the ycar of our Lord 18       , was filed against [or by, as the case
may he], the above-nand                         ,under which the said
was duly adjudged insolvent, and the said                                   having finished
his last examination, this Court doth find that the said                                has
made a full disclosure of his estate and effects, and conformed t o thc Law of h~solvency,
and has entirely conducted himself to the satisfaction of the Court, and that his in-
s o l v e ~ q arisen from un;tvoidable losscs and misl'ortunes : And this Court doth
            lias
award to such insolvent a certificate of the first class, according to the provisions
of the Iasulvent Act, 1857-8,
                                                          A. B., Cornmissioner. [L.s.]




                                (The Iusolvent Act, 1857-8.)
    Court of Tnsolvency, at the Local Court House, Victoria-square, Adelaide, the
                 day of                  in the year of our Lord 18
            In the matter of                  , an insolvent,
    Whereas a petition for adjudication of insolvency, hearing date the
 day of                 in thc year of our Lord 18       was filed against [or by, as the
 case may be] the above-named                         under which the ~ a i t l
 was duly adjudgcd insolvent ; and the said                        having finished his last
 examination, This Court doth find that the said                          has made a full
disclosure of his effects, and has Cif the insolvent has not conducted himself entirely
t o the satisfaction of the Court, say, but has not] entirely conducted himself to the
 satisfaction of the said Court [if this certificate is awarded for any grounds prior to
the insolvency here state thc particular grounds] and this Court doth award to such
insolve~lta certificate of the second class, according to the provisions of the Insolvent
Act, 1857-8. [If this certificate is to be suspended, add and this Court doth direct that
this certificate be suspended until the                     day of                  18 .]
                                                           A. B., Commissioner. (LB.)
                                 (The Insolvent Aot, 1857-8.)
  Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
                    day of                    in the year of our Lord 18
          I n the matter of                    , an insolvent.
  Whereas a petition for adjudication of insolvency, bearing date thc
day of                      in the year of our Lord 18       was filed against [or by, as
the case may be] the above-named                          under which the said
          was duly adjudged insolvent, and the said                      having finished
his last examination, this Court doth find that the said                      [here state
the particular grounds for the awarding of this certificate] and this Court doth award
to such insolvent a certificate of thc third class, according to the provisions of the
Insolvent Act, 1857-8.
                                                          A. B., Commissioner. (L.s.)




                                             Aa
                                 (The Insolvent Act, 1857-8.)
  Cerd$cnle of Sum for which Assignees to be J u d p e n t ~rereditors.
  Court of Insolvency, at the Local Court-llouse, Victoria-squad?, Adelaidc, the
                        day of                            , in the year of our
             Lord 18         .
                     I n the matter of                    , an Insolvent.
   This ~ o i r doth ccrtify that
                t                                       , assignees of the estate and effects

                            -
of the above-named insolvcnt, are creditors of the said insolvent, as such assignees,
for the sum of             , in trust for the creditors of the said insolvent.
                                                             A. B., Cornn~iesioner.(L.s.)




                                 (The Insolvent Act, 1857-8.)
                  *
                                Petitior~for drmngen~ent.
           To thc Court of Insolvency-
   The humble petition of                      , of                  sl~eweth-
That your petitioner being unable to meet his engagements with his crcrlitors, and
desirous of laying the state of his affairs before them, u~ider superintendence and
                                                              the
control of this Honnrahlc Court, and of suhrnltting himself to tllc jurisdiction
thereof, petitions the Court under tlw provisionv of the Insolvent Act, 1567-8.
   That the inability of your petitioner to meet his engagcments arises from [here
state the grounds of his inal~ility.]
   Your petitioner thcreforc prays that his person and property may be prctc-ted,
from all process, and that such proposal as he may be able to makc (or such mudifi-
cation thereof, as by three-fifths in number and valuc of his creditors may bc dcter-
mined), may be carried into effect, under the superintendence and control of this
Wonorable Court.
   And your petitioner shall ever pray, &c.
          Signed by the petitioncr, in the prcsmcc of                      ,a
                practitioner of the Supreme Court, and solicitor in the matter
                of this petition
                                                                                 A c
                                (The Insolvent Act, 1867-8.)
                  Afldauit in support of Petition for Arrangement.
               3 of               ? in the Province of South Australia,          the
petitioner named in the petition hereunto annexed, maketh oath and saith, that the
several allegations in the said petition are true ; and that he, this deponent, hath
assets ready to be produced to this Honorable Court, to the value of $200 and
upwards.
          Sworn a t           ,this           day of          , 18     .
                     Before me,
                 [If the petitioner affirm, alter the form accordingly.]




                                (The Insolvent dot, 1867-8.)
                               Certzjcate of arrangement.
   Court of Insolvency, a t the Local Court House, Victoria-square, Adelaide, the
           day of          ,in the year of our Lord, 18        .
   Whereas                          of                      , a debtor, unable to meet
his engagcnlcnts with his creditors, did on the            day of            , present his
petition to this HonoraLle Court, under the provisions of the lnsolvent Act, 1867-8,
praying that a certnin proposal, or such modification thereof as by three-fifths in
number and value of his creditors might he rletermined, should be carried into effect,
under the snpcrintendcnce and control of the said Court. And whereas the Commis-
sioner of the said Court causcd such sittings of the Court to bc held as are directed by
the said Act, and whereas a certain resolution or agrccmcnt was duly assented to at
such sittings, which the said Commissioner thinking to be reasonable and proper to be
executed under the direction of the said Court, caused to bc filed arid entered of record
therein, and whereas thc said resolution or agreement has becn fully carried into
effect, I hereby certify thc several matters aforesaid, under my hand, and the seal
of this Court, this                day of          18 .
                                                        A. B., Commissioner. (L.s.)




                                (The Inuulvrnt Act, 1857-8.)


   Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
          day of           , in the ycnr of our Lord 18 .
   Whcrcas                           of                       , a debtor, unable to meet
his engagements with his creditors, did, on the        day of       , present his petition
to this Honorable Court, under the provisions of the Insolvcnt S c t , 1857-8, praying
that a certain proposal should he carried into effect undcr the superintendence and
control of thc said Court: And whereas the Commifisioncr of the said Court caused
certain sittings of the Court to be held pursuant to the said Act: And whereas a certain
resolution or agreement was duly assented to at such sittings, which the said Commis-
sioner, thinking to be reasonable and proper to be executed undcr the direction of the
said Court, caused to be filed and entered of record therein: And whereas the said
resolution or agreement has been fully carried &to effect, and I am satisfied that the
Official Assignee appointed to carry the said resolution or agreement into effect has
fully performed his trust, I, hereby certify the same under my hand and the seal of
the Court, this           day of           , 18    .
                                                          A. B., Commissioner. (L.s.)
                                                                                       Af
                 S2
                               (The Inr~olventAct, 1857-8.)
                                Annulling adjudication.
   Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
          day of           , in the year of our Lord 18       .
          I n the matter of                     , an insolvent,
   Whereas it has been made to appear to this Honorable Court that three-fourths in
number and value of the creditors of the said insolvent who have prored their debts,
or claimed under the insolvency of the said insolvent, hare ;greed tt, i~ccept offer
                                                                                  an
of composition made hy the said insolvent, or his friends : And wherras such accep-
tance has been testified to the said Court by writing under the hands ol' such creditors
[if any money is to be paid into Court add, and the said insolvent has, bp the direction
of the said Court, paid into Court the sum of              1 l'liisc Court doth annul the
adjudication of insolvency and supersede thc fiat [or dismiss the petition] for
adjudication.
                                                           A. B., Commissioner. (L.s.)




                                              Act, 185i-8 1
                                [The I~lsolrcnt
               Certijcate of amzulling insolwncy u:itA. consent of Credito~s.
  Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the
           day of          , in .the year of our Lord 18 .
   Whereas a petition for adjudication of insolvency, bearing date the
day of             , 18 , was filed against [or by, as the case may be] the above-
named             under which the said               was duly adjudged insolvent. Anlq
whereas the creditors of the said             before he past his last examination, having
testified to the Court their acceptancc of a certain composition, this Court did this
day annul the adjudication of insolvency agaicst the said
   Now I hereby certify the scveral matters aforesaid under my hand and the seal of
the said Court.
                                                          A. R., Commissioner. (t.s.)




 -+-
       ---          - -- -
                        -         -   -U
                                           --           --    -- --
                                                             - -- - -
               Printed by
        ~ELALDE:             authority by M. C. Cox, Government Piinta, Victoria-square.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:7
posted:2/16/2010
language:English
pages:75