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of any false entry in any book or document affecting or relating to his property or affairs, unless, &c. (13544):

13554. Alterations of Accounts.-If he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulent parting with, altering, or making any omission in any document affecting or relating to his property or affairs; or,

13555. Fictitious Losses.-If he attempts to account for any part of his property by fictitious losses or expenses; or,

13556. Fraudulent Credit.—If he, within four months next before the presentation of a bankruptcy petition against him or the commencement of a liquidation, by any false representation, or other fraud, has obtained any property on credit, and has not paid for the same; or,

13557. False Pretences.-If he, being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit, and has not paid for the same, unless, &c. (13544):

13558. Pawning.-If he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade, any property which he has obtained on credit, and has not paid for, unless, &c. (13544):

13559. False Representations.—If he is guilty of any false representation, or other fraud, for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs, or his bankruptcy or liquidation (13544); or,

13560. Taking Property Abroad.-If he quits England, and takes with him, or attempts or makes preparation for quitting England and for taking with him, any part of his property to the amount of twenty pounds or upwards, which ought by law to be divided amongst his creditors; then,

13561. Felony.-In any or either of the above cases he is guilty of felony, and may be punished accordingly (13572); provided always that,

REPORT OF FRAUD.

13562. If a trustee discovers, or suspects, or is informed that the bankrupt has committed any one or more of the offences before referred to, it is the trustee's duty to report to the court accordingly;

or,

13563. Notice by Creditor.-Any creditor who discovers or suspects the bankrupt of any one or more of the said offences may, if he thinks fit, give notice to the court; and,

13564. Evidence.-It is within the power and duty of the court

to hear evidence of the commission by the bankrupt of any one or more of the said offences; and

CRIMINAL PROCEEDINGS.

13565. Order of Court. When the court is satisfied that any one or more of the said offences has been committed by the bankrupt, the court may order the trustee to take criminal proceedings against the bankrupt; and, in that case,

13566. Before Magistrates.—It is the duty of the trustee to take immediate proceedings accordingly by indictment before a magistrate or justices of the peace; and

13567. Committal.—If the magistrate or justices be satisfied that there is evidence to sustain the charge, the bankrupt must be committed to take his trial before a jury, with or without bail at discretion; and

13568. Trial by Fury. It rests with the jury to determine whether the alleged offence has been committed; and also,

13569. Intent.-Whether it has been committed with a fraudulent intent.

13570. Not Guilty.-If the verdict of the jury is "not guilty," the bankrupt is finally absolved.

13571. Guilty.—If the verdict is "guilty," the punishment resti with the judge.

13572. Two Years.-At the discretion of the judge, he may sentence the bankrupt to imprisonment for any term not exceeding two years:

13573. Hard Labour.-With or without "hard labour."

RELEASE FROM DEBTS.

13574. As soon as a person is adjudicated a bankrupt, he s usually released from all immediate responsibility to his individus creditors (13592).

BOUND TO ASSIST.

13575. A bankrupt is bound to facilitate as far as may be in power the labours of the trustee, and the proceedings generally.

ALLOWANCE.

13576. By Consent.-The trustee, with the consent of creditors, testified by a resolution passed in general meeting, from time to time, during the continuance of the bankruptcy, mas such allowance as may be approved by the creditors to the bankre out of his property for the support of the bankrupt and his tam

or in consideration of his services if he is engaged in winding up his estate; but,

13577. No Right.-A bankrupt is not entitled, of absolute right, to any periodical payments whatever, not expressly sanctioned; and 13578. Trustee Forbidden to Pay.-A trustee is not entitled to pay a bankrupt a periodical allowance until a resolution has been passed by the creditors to that effect; but,

RESERVE OF PROPERTY.

13579. A bankrupt, not convicted of fraud, is, under any circumstances, entitled to a small reserve of his personal property; namely:

13580. Tools in trade (if any);

13581. Wearing apparel of himself and family;

13582. Bedding of himself and family; but,

13583. Limitation to £20.-The reserve of personal property to which a bankrupt is entitled is limited in value to £20; and

13584. Cash.-Under any circumstances a bankrupt is not entitled to receive or retain any amount of cash, even though it be in lieu of property otherwise not in existence or not claimed.

DISCHARGE.

13585. Final Emancipation.-A bankrupt's final emancipation from his liabilities is called his discharge; and

13586. Order of Court.-A bankrupt cannot be discharged except by the express order of the court, granted in accordance with the rules for the time being.

VARIABLE CIRCUMSTANCES.

13587. A bankrupt's discharge may or must (13589) be granted, or temporarily or permanently withheld, according to the circumstances of the case; thus,

13588. Ten Shillings in the Pound.-As soon as a bankrupt's estate has realized ten shillings in the pound, he is entitled to move the court to grant his discharge; and

13589. Absolute Right.-When a bankrupt demands his discharge, and his estate has realized, in addition to costs, ten shillings in the bound for all creditors, the court, in defiance of any objections of the creditors, is bound to grant the discharge, unless fraud is alleged and proved as a bar to the discharge; or,

13590. Special Resolution.-A bankrupt is entitled to his discharge if he is prepared to show that his creditors have passed a 'special resolution" to the effect that his bankruptcy, or the

failure to pay ten shillings in the pound, has, in their opinion, arisen from circumstances for which the bankrupt cannot justly be held responsible, and that they desire that an order of discharge should be granted to him; but,

SUSPENSION OF DISCHARGE.

13591. A Court of Bankruptcy in granting the discharge of a bankrupt may, upon evidence of the bankrupt's misconduct in reference to the administration of his estate, suspend the operation of his discharge for any period it may think proper.

PERPETUAL RELEASE.

13592. The general effect of an order of discharge in bankruptcy is to release the bankrupt for ever from all liabilities to individuals (8165) incurred previously to his bankruptcy ; (a) but,

13593. Fraud.-The discharge of a bankrupt will not release him from any direct or indirect liability which he may have concealed or evaded by fraud; and

13594. Crown Debts.-The discharge of a bankrupt will not release him from the full payment of debts due to the Crown; nor from

13595. Revenue Debts.-Debts with which the bankrupt stands charged at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue; or, !

13596. Bail Bonds.-At the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence; but,

13597. Commissioners of the Treasury.-The discharge of a bankrupt in respect of Crown and bail bond debts rests in the discretion of the Commissioners of the Treasury for the time being.

UNDISCHARGED BANKRUPTS.

13598. Survival of Liabilities.-If a bankrupt's estate has failed to realize ten shillings in the pound, exclusive of costs, or i for any other cause, he fails to procure an order of discharge, his liabilities survive, and may be effectually revived against him is due course; notwithstanding,

YEARS OF GRACE.

13599. An undischarged bankrupt, under any circumstances, is entitled, and cannot be deprived of his right, to three years of grace from and after the date of his bankruptcy; and

(a) See Appendix P.

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13600. Actions Suspended.-During an undischarged bankrupt's years of grace he cannot be sued or called to account in respect of any liabilities which arose previously to his bankruptcy; but,

ACTIONS REVIVED.

13601. As soon as an undischarged bankrupt's years of grace have expired, any creditor under his bankruptcy may obtain peremptory judgment of the court against him for such balance of such creditor's debt as may remain, over and above the dividend which the estate may have paid, with such limitation only as the court may prescribe; and

13602. Choice of Proceedings.-After an undischarged bankrupt's years of grace, proceedings may be taken against him either in the court which adjudicated him a bankrupt, or in the court of the district where such undischarged bankrupt's property may be then situated; and

13603. Subsequent Property.-Any property which an undischarged bankrupt may have accumulated or acquired after his bankruptcy is liable, for three years after the expiration of the years of grace, to be taken in satisfaction of any judgment of the court in respect of the old liabilities of the bankrupt proved under the bankruptcy; provided always that,

SUBSEQUENT CREDITORS.

13604. Preference. The creditors of an undischarged bankrupt, whose claims against him have arisen subsequently to his bankruptcy, are entitled to preference to the full amount of their claims, over the claims which date prior to the bankruptcy; therefore,

13605. Complete Security.-A person who is disposed to give credit to an undischarged bankrupt may do so with the utmost assurance that the bankruptcy creditors can never acquire advantages to the exclusion or curtailment of such person's rights as a subsequent creditor; and

EVENTUAL DISCHARGE.

13606. If an undischarged bankrupt pays to his creditors such additional sum as will, with the dividend paid out of his property during the bankruptcy, make up ten shillings in the pound, he is entitled to an order of discharge in the same manner as if a dividend of ten shillings in the pound had originally been paid out of his property (13589).

BANKRUPTCY PROPERTY.

13607. All Available.-All the property of a bankrupt, of what

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