Insolvency Act 1855 No 33a (NSW)

No. XXXIII.

An Act to amend the Inso lven t Law of New

South Wales. [30th November, 1855.]

WH E R E A S	indic table u n d e r t h e provis ions of t he Laws now in force in t h e
Colony	of N e w South W a l e s r e l a t ing to Inso lven t Debtors Be i t t he re ­

it is expedient t o facil i tate inquir ies t o u c h i n g offences

fore enac ted by H i s Exce l lency t h e Governor of N e w South W a l e s

by and wi th t h e advice a n d consent of t h e Legislat ive Counci l	thereof
as	fo l lows:—

1. F r o m a n d after t h e pass ing of th i s A c t t h e Chief Commis­

sioner of Inso lven t Es t a t e s in Sydney shall have and is hereby invested by v i r tue of his office wi th all t h e powers au thor i t i e s and privi leges conferred on any J u s t i c e of t h e Peace for t h e purpose of i n q u i r i n g in to all charges of f raudulent Inso lvency a n d o ther offences of a l ike charac te r al leged to have been commi t t ed by any Inso lven t Deb to r and indic table u n d e r t h e provisions of any Ac t of t h e Governor a n d Legis ­ lat ive Counci l in force in t he said Colony for t he t i m e be ing a n d for

t h e purpose of commi t t i ng any such Inso lven t Deb tor for t r i a l for any

such offences a n d of r equ i r ing t h e a t t endance of witnesses as well on any such inqu i ry as on t h e t r ia l of such Inso lven t Deb to r for any such offences as aforesaid.

2. N o t h i n g in th i s A c t shall a l te r t he l iabil i ty of t he Inso lven t

or any o ther person to answer all quest ions which may be lawfully p u t u n d e r t h e provisions of t h e Inso lven t Ac ts in force for t h e t ime being.

3 . Prov ided however t h a t no examina t ion or answer of t he person charged wi th any indic table offence unde r t h e provisions of t h e Inso lven t Ac t s in force for t h e t i m e be ing shall be admissible in evidence against h i m on the t r ia l of any ind ic tment o ther t h a n on a

prosecut ion agains t h i m for per jury .