Insolvency Act 1860 (SA)

ANNO VICESIMO TERTIO E'I' VICESIMO QUARTO

A. D. 1860.

No. 16.

A n Act to amend and cotzsolidate the Laws relating to hsoluenf

Debtors.

[Assented to, 17th October, 1860.1

TTIEREAS it is expedient to amend and consolidate the Lawj P~carnble.

facilitate arrangements by debtors with their creditors, without in- M relating to Insolvent Debtors, and also to make provision to solvency-Be it therefore Enacted., by the Govcrnor4n-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled,, as follows-

1. From and after the commencement of this Act, " Thc Insolvent PRELIMINARY.

Act, 1857-8," "The Imprisoned Debtors Enlargement Act," and "The	%&a or NO. 14,
1857-8; 11,1868;

Insolvent Law Amendment Act, 1859," shall be repealed, except so ,d

21, 1859,

far as may be necessary for the purpose of supporting any proceedings taken or to be taken under and after commencement of this Act upon any act of insolvency, petitioning creditor's debt,fiat, or other pro- ceeding in insolvency commenced before the commencement of this Act, and except as to the recovery and application of any penalty inflicted, or for the punishment of any offence which shall have been committed before the commencement of this Act; and also so much of an Act

intituled " An Ordinance to establish and regulate Benefit Building Repealof No. 12,1850,

Societies," being No. 12 of 1850, and of an Act intituled " An Act ,,a 23.

seot. 18; No. 22, 1862,

to regulate Friendly Societies," being No. 22 of 1852, sha11 be re- pealed, as they severally provide for payment out of the estate, assets, or effects of any of the persons in either of the said Acts mentioned, who is or may be hereafter adjudged insolvent, to or in favor of any Society established under either of the said Acts, of all sums of money remaining due to any such Society, before any other of such person'i debts are paid or satisfied: Provided that no Act or Ordinance by any of the said Acts repealed shall be hereby revived.

r,2 2. This

PRELININAXP. 2. This Act may be cited as ' L Thc Insolvent Act, 1860."

-+L- - -

&art title of' bt.

CammemementOfhotq

3, This A d shall commence and take effect from and after the first day of November, one thousand eight hundred and sixty, and from and after the commencement of this Act, all pro- ceedings in insolvency shdl be by virtue of this Act, and all pro- ceedings in insolvency and fiata in insolvency depending at the com- ~ncncement of this Act shall be proceeded in and brought to a conclusion under the provisions of this Act: Provided, that every act of insolvency, p&itioning creditor's debt, or other matters or things committed or incurred before the commencement of this Act, and which would have authorized procecdinp in insolvency, shall, after the commencement of this Act? be sufficient to authorize pro- ceedings in insolvency under this Act, and nothing in this Act con- tained shall render invalid any proceedings in insolvency or any fiat in insolvency depending .at the commencement of this Act, or any proceedings which may have been instituted or taken under or by rirtuc of such insolvency, or Rat, or lessen or affect any right, title, claini, demand, or remedy which any person now has or hereafter may have upon or against any insolvent against whom any fiat has or shall have been issued, except as in this Act is specially provided: Provided also, that nothing in this Act contained shall affect the

Joint Stock Com-

provisions of i n Act passedwon the thirteenth day of f ovember, one

paniea Winding up thousand eight hundred and fiftv-four, intitulcd An Act to facilitate

A C ~, NO. 6 of l854,nd the dissolution and provide for ;vinding up the affairs of Joint Stock

to be affected. Companies," and being KO, 5 of that year, or of any Act amending such Act, except W far as regards the abolition of the fiat in insol- venc;r. and the substitution af a petition for adjudication of insolvency.

In construing former 4. Where, in any Act or Odnance of the said Province, or in any

AC~S, &C., with refe-

rencc to petition for	Act having the force of law in the said Province, or in any instrument,
adjndication under	document, or other proceeding passed, executed, or mrtde before the

this	fiat to be
deemed to

at tlre timo of filing issued commencement of this Act, mention shall have been or shall be

petition.	made of any fiat in insolvency, such Act, Ordinance, instrument, document, or other proceeding slzall be construed with reference to
the proccedings under a petition for adjudication of insolvency, as if such fist had been actually issued at the time of filing such petition.
Diyisiun of Act into

ten diviaio-. 5, This Act $hall be divided into Ten Divisians-

The First Division, relating to the Court of Insolvency, its Functions and Officers; and the Appellate Jurisdiction of the Supreme Court:

The Second Division, to Acts of Insolvency:

The Third Division, to Procedure to obtain Adjudication of Insol-

vency, and the consequences of adjudication; and the choice of

Assignees, their rights and duties:

The Fourth Division, to the Insolvent's last examination and certi-

ficate:

The Fifth Division, to Pmf of Debts and Payment in full, Audit,

Dividend, Unclaimcd I)i~idends, and to A1Zomances to Insolvents:

The Sixth IJivision, to arrangelncnts bp deed between irebtors and

Qeditors without insohcncv. . . and cor~position af'tcr insolvency:

The

The Seventh Uivision, to Evidence:

The Eighth Division, to Practitioners and Costs:

The Ninth Division, to Offences against the Law relating to Insol-

vency:

The Tenth Division, Interpretation Clause and Generd Matters.

With respect to the Court of Insolvency, be i t Enacted- D I V X S ~ N I.

Of the Court of In-

6. That the Court of Insolvency, as established under the provi- sions of " Thc Insolvent Act, 1857-8,"	solvemy.
-- --- ---

shall continuc to be the Court Court of Insolvency

of Insol~ency under this Act. The Court shall be presided over by a continued.

Commissioner, who shall hold his office during good behaviour:

Provided that it shall be lawful for the Governor, upon the Address Commissioner of the

of both Houses of Parliament, to remove such Commissioner. James Court.

William Macdonald, Esquire, shall be the first Commissioner, and every vacancy in the office of Commissioner shall be supplied by the Governor, by proclamation in the South Australian Government Gazette.

7. During the temporary absence of the Commissioner, from illness, leave of absence, or other reasonable cause, the Commissioner	Commissioner may
appoint a deputy.
shall, by writing under his hand and seal, nominate some person to act as his Deputy; and the person so nominated shall, after his nomination shall have been confirmed by the Governor, have and exercise all the powers of the Court and Commissioner; and if the said ~ommissio~er shall neglect, or rcfuse, or bc unable to appoint such deputy, or if the said Commissioner shall die, then in each sudk case it shall be lawful for the Governor, with the advice and consent of the Executive Council, to appoint some person to act temporarily as Commissioner during such time as the Governor, with the consent of the Executive Council, may appoint, and such person so nominated

shall have and exercise all the powers of the Court and Commissioner.

8. No Commissioner or other ministerial officer, to be appointed Commissioneror other

by virtue of this Act, shall, during his continuance in such office, as l,arriater8,	Officer not to practise
practise as a barrister, attorney, solicitor, or proctor.

9. Thc Court of Insolvency shall continuc to bc a Court of law The Court of Insol-

and equity for the purposes of this Act, and shall have a seal where- Bccord, kc,	vency to be a Court of
with are to be sealed all records, documents, and proceedings, and all copies thereof which may require sealing; and the said Court shall have and use all 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 are used and enjoyed by the Supreme Court; and the said Court shall have the power of fining in a summary way, or of suspending or removing any of the officers of the said Court (except the Official Assignee), who shall be guilty of any negligence, wilful or unnecessary delay, or other misconduct whatsoever.

10. The Court shall, from time to time, make such rules and ~ h o ~ o m - t t o m a k e

orders as i t may think fit, for the better carrying this Act into rulea approval suhject of the to the

execution, and as regards the duties to be performed by the Official Chief Justice of

Assignee, messenger, and other officers of the Court, and ,generally supreme Court.

for

D x v m o ~ 1- for regulating the practice of the Court, and the forms of proceedings

solvency.

ofthea'brtsfm- and notices, and the days on which advertisements are to appear, where not provided for in this Act: Provided that no such rules or orders shall be of any force or effect until they shall have been approved by the Chief Justice of the Supreme Court, and being confirmed by the Goyernor with the advice of the Executive Council, shall be published in the &uth Austruliara. Government

Prescnt rules to be	Gwette: Provided, also, that until such rules and orders shall be in
in force.	operation, the rules and orders now in force (excepting so far as thcy are hereby repealed or modified, or are inconsistent with this Act) shall be binding and operative.

Place o f sitting of

Court, and power of

11. All proceedings and matters to be heard by the said Court of Local Court House, in Victoria-square, in Adelaide, or at such other place as the Governor shall appoint; and it shall be lawful for the Cornmissioncr of the said Court to hear and determine out of Court, upon summons to the proper parties, all matters and things relating to any insolvent or the e~tatrj of any insolvent, or the assignee or assignees thereof, except the hearing, rehearing, or any public ex- amination of such insolvent, and the awarding the certificate of the Court.

commirajoner Bittins

Insolvency shall be heard and determined by the said Court at the

out of C O U ~ ~.

Sitting of Court. 12. The offices of the Court shall be open for the dispatch of business daily throughout the year, Sundays, Christmas Day, Good Friday, Monday and. Tuesday in Eastcr wcek, and days appointed for Public Fast or Thanksgiving, or days which may be duly gazetted as public holidays excepted; arid the Court shall sit for the dispatch of business at such convenient times as shall be fixed by the rules of the Court for the time being.

Juris&iatioo of Court, l 3. The Court of Insolvency shall have superintendence and

control in all matters of insolvency, and shall hear, dctcrn~ine, and make ordrr in any matter of insolvency whatever, so far as the assignees are concerned, relating to the disposition of the insolvent's

estate and effects, or of any estate or effects taken under the insol-	vency, and claimed by the assignees for the benefit of the creditors,
or relating to any acts done nr sought to be done by the assignees in their character of assignees, by virtue or under color of the insol- vency; and also in any matter of insolvency whatever, as between
the assignees and any creditor or other person appearing and sub-
mitting to the jurisdiction of the Court; and of granting the certi- ficate of the Court; and of punishing any insolvent, as herein pro- vided; and in any other matter, whether insolvency or not, where the Court, by virtue of this Act, has jurisdiction over the subject of the petition or application, save and except as may be by this Act epccially provided.

Appeal to Suprcme

Court,

order of the Court, ahd be thkreafter duly prosccuteh, every such decision shall be final; and every appeal shall be subject to such regulation in regard to deposit for costs as shall by any gcneral rule or order to be made in purstrance of this Act be directed, and until such rule or order be made subject to the direction of the Supreme Court in each particular case.

15. -411 appeals from decisions or orders of the Court shzcll bc Appcal" hOwbrOu@t nn.

brought on by way of special case, to be settled and sigiled by thc Commissioner, subject to any gcneral rule or order to be made by the Suprcmc Court relating to such appeals, and the said Commis- sioner is hereby required to scttle and sign such case.

16. The Supreme Court, on the llcnring of any such appeal, sllajl ~;;;;~~;~~~

have power to rescind or vary any ordcr made by the Court of Insol- qqwala.

vency; or order the Commissioner of the Conrt of Insolvency to

award to the insolvent a different class of certificate to that already

awarded, and either with or ~vit1lou.t suspension; or order any cer-

tificate to be suspended, or to take effect imrnectiately, and if sus-

pended, to require the Court of Insolvency to grant protection, or to

rescind any protection already granted; and the Supreme Cou;t

may adjourn any appeal for further consideration, and, in the mean-

time, refer any matter to the Commissioner for amendment, or

require the Commissioner to report on any matter, in respect of

which, the Supreme Court may require further information, or

where the Supreme Court shall be of opinion that it cannot do com-

plete justice, to require the Court of Insolvency to rehear the whole

matter; and the Supreme Court shall llave power to order the costs C"StS Ofnppeal*

of any appeal to bc paid by either party, or part thereof by onc

party and part by another party, or of directing that the whole, or

some part thereof, shall be paid out of the estate of the insolvent, in

the matter of whose insolvency the appeal has been brought.

18. The Court of Insolvency shall, if it see fit, remit any question curt may send spe-

of law, by way of special case, to the Suprcmc Court, which Court Court.	r i d ca8e to Supreme
shall have the same powers as if the q~zestion had been brought before it by may of appeal; and the decision of the Supreme Court, as certified by the mastcr thereof, shall be filed in the Court of Insolvency, and have the operation and effect of a decision or deter- mination of such Court.

rc!fer any

19. The Court of Insolvency may, if it shall think fit, refer any court qoostionu of fact to be

question or questions of fact in insolvenc~ for trial in the Snpreme t i e d in s,~,,,,

Court, and shall thereupon direct a writ of summons, to be issued Court.

M 2 out

DJVIRIO* 1. out of the Supreme Court by such person or persons as it shall name

Ofthe fi&sdicrion to be plaintiff or plaintiffs against such person or persons as it shall

o the Court of

Lotoency . name to be defendant or defendants therein, and shall cause such question or questions to be stated for trial, and be tried in the manner provided by the "Supreme Court Procedure Amendment Act," with reference to trials of questions of fact without formal pleadings: Provided, that in case the person or persons so named plaintiffs and defendants respectively, shall not be agreed upon the question or questions of fact, the same shall be settled by the Com- missioner of the Court of Insolvency.

Finding of to be

certified to the Court	20, The finding of the jury upon any such issue shrill be certified by the Associate of the Supreme Court to the Court of Insolvency, and thereupon, the Court of Insolvency shall make such order in the matter as it shall think fit.
of Inrtol~ency.

Scaling nndsignaturo 21. Every warrant issued by the Court shall be under the seal o f

of warrants. the Court, and the hand of the Cornmissioncr; and cvery summons shall be in writing, under the hand of the Commissioner, or in his absence, under the seal of the Court, and under the hand of the Official Assignee.

of the O$icial 22. There shall be an Official Assignee in Insolvency, and John

Assiggnee. Brodie S~ence. Esauirc. shall be the-first Official Assimcc; and it

dPpointmfnt of shall be fawfd foithe overno nor to remove every 0ffi;al ~ ~ s s i ~ n e e,

Official Assignee*	and from time to time, as a vacancv shall occur in the aid office,
Who to appoint f~ture	to appoint every subsequent Official 'Assignee, of which noticc shall
Osficial Assignees.	be given in the 8outh Australim Goverwrnent Gazette, and which notice shall be conclusive evidence that such vacancy has occurred,
and such new appointment made; and the Official Assignee, in
Officid A8"@ee to	addition to his d;&es, shall also act as Accountant in ln&lvency,
act as Acooulltant to
the court.	and as such, shall haw the superintendence, control, and manage- ment of the funds belonging t6 insolvents' estates, &d of all fuGds which shall come into the Court under any matter to be prosecuted
TO give security,	therein under or by virtue of this -4ct; and shall give such security,
and be subject to such rules, and act in such manner as may, by the
~ommissiober of the Court of Insolvency, or by any generd r d e or order to be made in pursuance of this Act, be from time to tiroedirected.
i is duty.	23. In each insolvent's estate and effects, such Official Assignee shall act with the assignee or assignees to be chosen by thc creditors; and all personal estate and effects, and the rents and profits of the real estate, and the proceeds of the sale of all the estate and effects, real and personal, of the insolvent shall, in every case, be possessed and received by such Official Assignee alone, save where it shall be otherwise directed by the Court or provided by this Act; and all stock in any public company, and all moneys and public securities, and all bills, notes, and other negotiable instruments, shall be forth- with transferred, clelivcrcd, and paid into some chartered bank having a place of business in Adelaide, by such Official Assignee, to his credit as the Official Assignee in Insolvency, to be subject to such order and regulation for the keeping of the account of the

said

said moneys, and fox the payment and delivery in, investment, and DIFI~IOX I.

of the O$iciaE

payment and delivery out of the same, as may by the Commissioner of the said Court, or by any general rule or order to be made in pursuance of this Act be from time to time clirected.

24. Until assignees shall be chosen by the creditors of the insolvent, TO act as 801~ assignee

the Official Assignce shall, to all intents and purposes whatsoever, ~, " e ~ ~ & ~ '	a3-
be deemed to be the sole assignee of the insolvent's estate and effects, and if the Court shall so order, may, before assignees shall be chosen by the creditors, sell or otherwise dispose of any property of an in-

solvent which shall be of a perishable nature, or the holding pos- Powor of, over pro-	session whereof until the choice of assignees would, in the judgment perty of perishable
of the Court, be prejudicial to the insolvent's estate: Provided, that nothing herein contained shall extend to authorize the Official Assignee to interfere with the 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.

25. The Official Assignee may, with the consent of the Court, after Official ~ s s i p c ~ may

ten years from aclj judication in each case of insolvency, deliver up to ,,,,,,~	destroy, &C., books of
the insolvent, or his personal representative, all books of account deposited with him as Official Assignee, or destroy, or otherwise dispose of them, as the said Court shall see fit.

36. No Official Assignee shall be ~ersonalh responsible or liable NO^ to interfere with

V

for any act done by him, or by his order or ~uthority, in the ~~~~~~~&~	execution of his duty as such Official Assignee, by reason of the
petitioning creditor's debt or act of insolvency upon which any
iuijudication of insolvency shall have been grounded, or either of OBcial not

such matters, being insufficient t o support such adjudication; and pel*sonallyliaMe for

no Official Assignee shall be deemed personally answerable fur or ofhis duty, act done in execution

by reason of his having received any money, bills, notes, or other negotiable instruments under any insolvency in his character of Official Assignee: Provided that he shall hme paid or deposited such

money, bills, notes, and other negotiable instruments during the prosecution of the irlsolvency in some Chartered Bank in Adelaide,

to the credit of the Official Assignee in insolvency, and shall have given credit for such payment and deposit to the particular estate for which such money, bills, or other negotiable instrurnent~ shall have been received: Provided also, that the Official Assignee, after such payment or deposit, shall not have dealt with such money, bills, notes, or other negotiable instruments otherwise than in the cxecution of his duty as Official Assignee; and if any action

shall be brought ag~tinst the Official Assignee for any such Act done by him, or by his order or authority, in the execution of his duty,

either solely or jointly with the creditor's assignee in respect of such money, bills, notes, or other negotiable instruments, it shall be law- ful for the Court in which the same shall be brought, or a Judge

thereof, upon application of the Official Assignee, and upon an affi-

davit of facts, to set aside the proceedings in such action, so far as the CJfficid Assignee is concerned, with such costs or without costs as to

the Court or Judge shall seem meet. 27. On

D ~ v l s r o ~ I. 27. On the death, resignation, or removal of any Official Assignee, the Assignee appointed in his stead shall, by virtue of his appoint-

Of Oflciacio2

Assignee.	ment, be entitled to act in each insolvency, and such appointment
On death or removal	shall in contemplation of law, have relation back to the death, resig-

0 s s i e e,

the new Assignee to

act in each insolvency.	nation, or removal of the previous Assignee.
f e n e r,
-

28. There shall be a messenger or messengers of the Court of In-

Appointment ancl fee8

solvency, who shall be appointed by the Court, upon the recomen-

of messengers.

dation of the Official Assignee, and who shall give such security, and be subject to such rules, and act in such matters, as may by the rules of Court or the Commissioner of the Court be from time to time directed: 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 the Official Assignee of his miscondnct or inefficiency, without any formal proof of such misconduct or ineffi- ciency: The messengers shall be entitled to receive and take such fees for any duties perfarmed by him as are mentioned in the Schedule A to this Act annexed; such fees to be taxed and allowed by the Court; and in case the estate of the insolvent is insufficient to pay such fees. the same shall be paid out of the fund hereafter called " The Unclaimed Dividend Fund: " Provided, that no money shall be paid out of the said unclaimed dividend fund without the warrant, in writing, of the Commissioner for such purpose.

to act as appraibers or	Messen&.erga~thorized 29. I t shall be lawful for the said Court, by ordcr, in cach par-
auctioncers. ticular case, to authorize any competent person, whether a messenger

appointet+ under this Act or not, to act as appraiser or auctioneer, for the purpose of valuing or selling any goods, chattels, or efl'ects, of any insolvent, seizable and seized by virtue of this Act, and the person so authorized may, without other licence in this behalf, do and perform dl the duties of appraiser or auctioneer, as the case may

be: Provided that in all cases where trade assignees are appointed,

their consent to such order shall be first obtained.

Of Fees,	And with respect to fees, be it Enacted-
Fees in Schedule to

be taken. 30. That from and after the commencement of this Act, the several fees and sums set forth in the Schedule B to this Act annexed and none other, shall be taken and received, in r;spect of business therein specified, by the Official Assignee, and shall be paid by him to the Colonial Treasurer for the public use of the Province,

* except the fee for the schedule and the charge for advertising:

Fees? name as On in Supreme to be Provided that, in all cases of appeal to the Supreme Court, that

C O U ~	.t Equity.	Court is hereby authorized to receive and take such fees in that
behalf as would be received and taken if the matter had arisen within
the equitable jurisdiction of that Court.

Of Xakaries. 31. The salaries of the Commissioner and ministerial and other

Payment of salaries	officers of the Court (excepting the messengers thereof), shall be
of Commis%ioner snd	in lieu of d fees and emoluments whatsoever, and shall be paid out

Offl"m Of

o f the General Revenue of the said Province.

And

DIVISION r t.

And with respect to acts of insolvency, be it Enacted- FYdh re,syect to

32. That if any debtor shall depart the said Province,or,being out of ..I, if J,,,~,,,~~~J

the said ~rovin&, shall rcmain absent therefrom,or shall depart from this Pm- -

his dwelling-home or otherwise absent himself, or begin to keep his vince, absenting,

hoosr, or suffer himself to be arrested or taken in execution for ~;~;%&!&Ptop

any debt not duc, or yield himself to prison, or suffer himself to be prison, outlamy,

outlawed, or procure himself to be arrested or taken in execution, or ~ ~ ~; ~ $ ! ' ~ &,

his goods, money, or chattels, to be attached, wqnestrated, or taken conveyance, gift, de-

in execution, or make or cause to be made either within the said livery, or transfer.

Province or elsewhere, any fraudtllent @ant or conveyance of any of his lnnds, tenements, goods, or chattels, or make or cause to bc made any fraudulent gift or transfer of his goods or chattels, every such debtor doing, suffcriug, proctlring, executing, permitting, making, or causing to be made, any of the acts, deeds, or matters aforesaid, with ibtent to defeat or delay his creditors, or whereby his creditors shall or may be defeated or delayed shall be deemed to have thereby corn* nlitted an act of insolrency.

33. If any debtor shall convey, or covenant, or ngree to convey Con*epance ofall

his estate and effects, or a principal part thereof, to a trustee ar ad of insolsenay debtor's property nof

trustees, for the benefit of 811 the creditors of such person who shall unlees a petition far	come in and sign thc deed within somc pcriod not being less than ,ithin adjudication be filed
three months from thc date thereof, the execution of such deed shall
not be deemed an act of inso11-ency, unless a petition for adjudication of insolvency be filed within three months from the execution thereof by the debtor: Provided such deed shall be executed by every such trustee or trustees within eight days after the execution thereof by the debtor, and the execution by the debtor and trustee or trustees resyectiv~ly he attested by a practitioner of the Supreme Court, or clerk of a Local Court, afid notice thereof be given within fifteen days after the execution thereof by the debtor, in the South A~stralian Govertz~nent Gazette, and also in two Adelaide daily newspapers, and two weekly newspapers, and such notice shall contain the date of the executioh of such deed by eaeh trustee, and the name and place of abode respectively of such trustee or trustee6
and practitioner, or clerk of a Local Court,

34. A deed for the benefit of creditors, containing the particulars, Deed of arrangement when declared fmudu-

and executed and attested, as hereinafter provided in Division the by court of

Sixth, if the Court of Insolvency shall declare such deed to be Tnaolvency.

fraudulent, shall be deemed an act of insolvency committed by sach

debtor, at the time of his executing such deed: Provided djudica-

tim of insolvency be obtained not later than seven days from the

date of its being so declared frauddent.

36. If any debtor, having b e n arrested or committed to prigon Lying in prison or

for debt, or upon any attachment, or order, or commitment for or c"apin~OutOf	p"Bon*
respecting the nowpayment of money, land from whi& imprison* merit he might be diaeharged upon payment of money, shall upon mch or any other arrest or commitment for debt or non-pyment of money, or upan my detention f o ~ debt, o~ being in p r b n ,for any

N 2 other

other cause, lie in prison for twenty-one days after any detainer for debt lodged against him and not discharged, or part of such time fovi one cause, and the remainder for another or others, or if any person having been arrested, committed, or dctaiued 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 or served with any process for debt out of the Supreme Court, the debtor so lying in the prison, escaping, absconding, or keeping out of the way, shall be deemed to nave committed an act of insolvency on the .first day of such debtor being in prison so charged with debt as aforesaid, or on the first day of the absconding or concealment of siach debtor, as the cme may be.

Filing a declaration

of ineolvency with 36. If any debtor shall file, in the cffice of the Official Assignee, a

O5aial A~ignee.	declaration in writing, in the form or td the effect contained in Schedule
C to this Act annexed, signed by such debtor, and attested by thc
Official Assignee, or some legal practitioner, that he is unable to meet his engagements, every such debtor shall be deemed thereby to have committed an act of insolvency at the time of filing such declaration, provided a petition for adjudication of insolvency shall be filed by or against such debtor within two months from thc filing of such declaration; and the Official Assignee, receiving such declaration, is hereby required to attest the same and forthwith to cause a copy of such declaration to Le inserted in orie Adelaide newspaper, and in the South Austrak~an Govemrmt Gczxcfk, published next after filing such declaration.
Compounding with

petitioning creditor, 37. If any debtor, after the filing of any petition for adjudication

c f insolvency against him, shall pay money to the petitioning cre-

ditor, ox give ox deliver to such petitioning creditor any satisfaction

or security for his debt, or for any part thereof, whereby such yeti-

titioning creditor may receive more in the pound in respect of his &bt than the other creditors, such payment, gift, delivery, satisfacl tion, or secltrity shall be an act of insolvency, and if adjudication of insolvency. shall have been made under such petition, the Court may either declare such adjudication to be valid, and direct the same to

Adju~esWon may

either be annulhd or	be proceeded in, or may order it to be annulled, and a petition, or
declwed valid,	new petition, for adjudic~t~ion may be filed, and such petition 0s new petition may be supported either by proof of such last-mentioned
or any other act of insolvency.
f udgment debtor

not paying, securing, 38. If any plaintiff shalI recover judgment in the said Supreme

or compounding w i t h

Court, and shall be in a situation to sue out execution upon such

plaintiff.

judgment, and there be nothing due from such plaintiff, by way of set-off against such judgment, and the defendant shall not, within fourteen days after notice in W riting, personally served upon him, requiring immediate payment d such judgment debt, pay, secure, or cmqound for the s m e, to the satigfaction of such plaintiff, the defeabnt hall be deemed to have committed an act qf insolvency, on the flteenth day after the service of such notiee: Provided

that if such execution shall in the meantime be suspended or

restrained by any rule, order, or proceeding in any Court of Jue

tice

l ice having jurisdiction in that behalf, no further proceeding shall D i ~ r s r o ~ 11.

With respects to

be had on such notice; but that it shall be lawful, nevertheless, for acts gIn8 olvency

such ~1aintiff.when he shallagain be in a situation to sue out execution -

on s&h j u d b e n t, to proce&!l again by notice in manner aforesaid.

39. If any decree or order shall be pronoudced in any cause de- Debtor di~obeying order of a Court of

pending in the Supremc Court, or any order shall be made in any Equity, for pay-

matter of insolvency against any person ordering duch person to ment ~crvice ofmoney, of prrernptor~r aftor

pay any s ~ m of money, and such person shall disobey such decree order on a certain day.

or order, the same having been duly served upon him, the person entitled to receive such sum under- such decree or order, -or in- terested in enforciug the payment thereof, pursuant thereto, may apply to the said Supreme Court to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such peraon, being personally served with such last-mentioned order, fourteen days before the day therein appointed for the payment of such moneys, shall neglect to pay the Fame, every such person shall be deemed to have committed an act of insolvency on the fifteenth day after the service of such order.

40. If any accredited agent of any body corporate or ~ub l i c corn- Notice of acts of in- solvency to agent of

pany shall have had notice of any act of insolvency, such body c"rporate bodies, &C.

corporate or cowpany shall be deemed to have had such notice.

41. No person shall be liable to become insolvent by reason of Genard provisions

any act of insolvcncy committed more than twelve months pfior to ofinrozumey. with respect to acts

the filing of any petition for adjudication of insolveuey against him; --

and no adjudication of insolvency shall be deemed invalid by ~ ~ ~ ~: % ~ ~ ~ ~ $ "	reason of the act of insolvency being prior to the debt of the committeatweIve
peti timing creditor, provided there be a sufficient act of insolvency dication. months prior to adju-
subsequent to such debt.

D1v18r0~ ITT.

And with respect to proceedings before adjudication of insolvency, be it Enacted-	Of procedure to
obtain adiudicatiola

42. That proceedings to obtain adjudication of insolvency shall be O ~ ~ ~ ~ S O ~ V Z N Y.

by petition, such petition, if presented by a creditor, being in the p,,,eain, in inml.

form specified in the Schedule D to this Act annexed, and the truth V e ~ C ~ ofipinab by

pet~tion to the Court

in the Scheiiule E to this Act mnexed; and if presented by a debtor,

being in the form specified in the Schedule F to this Act annexed,

and shall be attested by the Official Aseignee; or if by a pauper

debtor then in manner hereinafter provided; and every such

petition shall be filed of record, and prosecuted as directed by this

thereof verified by the affidavit of the petitioner, in the form specified of Tnsolvencp by virtue of the Act, and without any commission, fiat, or special authority whatsoever, have full power and authority to adjudicate in the matter of snch petition, and to take such order and direction with the body of the insolvent as mentioned in this Act ; as also with all his lands, tenements, and hereditaments which he shall have in

his own fight before he became insolvent; as also with all such

interest in any such lands, tenements, &d hereditaments m such

in solvent

bmtslon lii. insoivent may lawfully depart withal; and with all his moneys, fees,

of?mceduw " offices, annuities, goods, chattels, wares, merchandize, and debts

~ M R djudicrtth

;nre~aney. wh~h&tsoever; wheresoever they may be found or known, and to make

g

;or mddr sale thereof ifi mrtnner herein mentioned, or otherwise order the same for satisfaction and payment of the creditors of the insolvent.

of iwoZveny and	ofrhelurjdS@cia* 43, The amouat of the debt of any creditor petitioning for adjudi-
procsestiny~ there- tion of h s o h n c y shall be as follows, that is to say-the single debt
wader. of mch creditor, or of two or more persons being partners, so petition-
Amount of petitioning ing, &till amount to Forty Pounds; and the de6Cof two crejitors, so
creditor's a ~ b t. petitioning, shall amount tb Sixty Pot~hds; and the debt of three or more persona $0 ptitioning slid1 amount to One Hulrdred Pounds;

and every person who has given credit upon valuable consideration

for any s u m payable at a certain time, which time shall not have

t ~ n i ~ e d when the debtor .committed an act of ingolvency, may sa

debt may be pay- able at a future time, petitiotl or join in petitioning, whether be shall have held any security

thoughseourity given. in writing for such sum or not.

Authorized public

offirer may be 44. A petition for adjudication of insolvency against any person

ptihnins oreditor. indebted iti the amount aforcsaicl to ahy CO-partnership duly authorized to sue and be sued in the name of a public officer, may be filed by ~ u c h p b l i c officer as the hominal potitioner for and on behalf of such CO-partnership.

Debtor inay petition 45. Any debtor tnay petition for adjudiatian of insolvency against

for adjudication	agaiu~t hirnwlf. himself. aild an diudication obtained on such petition, or at the
Effect of adjudication instanck of atl i&olvent. shall have on the property. dealings$ in cer- and t~ ansactions of the ihdvent, the like operation mid effect,
of insohenoy
tain aasee, m d the title a£ the assignees shall have the like relation as if the adjudication had proceeded on the petition, or at the instance of a creditor: Provided, that no adjudication shall, except in case of a pauper debtor hereinafter mentioned, be had on the applicati~n

of such debtor, unless he shall at the time trf the filing of his petition

pay the Fees and charges for filing such petition.

Xmpfitmtied debtor	46.	Any debt~r,	in tjtctud custody for debt in the Adelaide Gad,
may give notice of

hbntim to petition	may give notice to the Al~isignee of his intention to ptition
hformQpa*eris	W 8 pauper for adjudication of insolvency against himdf, and such
potice &all be attested by the Keeper of the Adelaide Gad; and the
W c i a l Asaignee shdl m k e an entry: of such notice, and thc time of
~eceivhg thc =me, in a book to be kept for that purpose, aad which
notice $hall be an act of insalvenoy from the time of such entry ;
and the pmductian of such notice, and of the entry thereof in the ~d book, &all be evidence of the act d insolvency, without further
proof.

r?oPentpeigAt d a y	47. After a period of mvei~	days from the receipt of such notice,
atter notice debtor

,, 4 t i 0 n fm a the dfi?btor m@y p~e%e~b $ petition for adjudication of i n s o h e y,

tdjudictltion. e~~ ld &all verify tb f m t a st~ted in such petition on oath; and

X ~ p s t of the Adelaide Gad, by memorandum on the said petitioa,

#h& CB* the namr?..or names of the detaining creditor or creditors

of

of the petitioner, and wbich petition, affidavit, and certificate, shall D~vrtlxow rrx,

Ofthe adjudkoation

respectively be in the form or to the effect specified in schedule G ~ ;.rdsacy ad

to this Act annexed. proceeding8 there-

. undet.

48. If the petitioning creditor in any petition for adjudication of If adjudication not

insolvency shall not proceed and obtain adjudication within three obtained within three

days after his petition shall have been filed, or within such extended $ ~ ~ t b ~ ~ ~ ~ ~ ~ o T

time as shall be allowed by the Court, the Court may at any time the p e r m indebted

within fourteen days then next following, upon the application of may proceed on it.

m y other creditor to the amount required to ccnwtitute a petitioning

.

creditor, and upon the proof of the debt of such other creditor and of the other requisites to support such petition (except the debt of the petitioning creditor), or upon the application of the person indebted, proceed to adjudicate on such petition; but if the petitioner,

or any other creditar, or the person indebted, shall not within such

fourteen days or within such extended time as may be granted by the Court for that purpose, apply to the Court to adjudicate, no. further proceeding shall be taken thereon.

49. Any creclitor, whose debt is sufficient ta entitle him to petition Petitions may be pre-

for adjudication of insolvency against all the partners of any firm, ,,p~nenioaflm, sented against one or

may petition for such adjudieatiuxx against one or more partners of and petitions against two or more persons

such firm, and every such petition shall be valid, although it does may be dismiawd to

not include all the partners of the firm; and in every petition fop without affecting

the reat.

adjudioatioti against two or more persons the Court may dismiss the same as to &e or more of such- persons, aud the validity of such petition shall not be thereby affected as to any person as to whom such petition is not ordered to be dismissed, nor shall any person's certificate be thereby affected,

have been filed against any person, and it shall be proved to the about to quit the Prw. 50. Whenever any petition for alljudieatiau of insolvency s l d l ~?~~a~;~~~ti-

satisfaction of the Court that there is probable cause for believing ~ $ Y $ ~ ~ t ~ s

that such person is about to quit the said province, or to rcmove defraud his creditore,	may be arrested
or conoeal any of his goods and chattels with intent to defraud his	his goadr seized,
creditors, d e s s he be forthwith apprehended, it shall be lawful for
the Court to issue a warrant directed to the messenger of the Court	and his assistants, or to such person or persons as the Court shall

think fit, whereby such messenger and his assistants or other pelt #on or persons shall have autbmity to arrest the perkon against whom such petition shall have been filed, and also to seize his books, papers, moneys, securities for moneys, goods, and chattels, wheresoever hc or they may be found, and him and thcm safely Debter aoarnesbd.

~ ~ ~; ~ ~ i ~ d ?; a p g e, or any person whoae books, papers, moncys, securities for moneys, goode, or chattels have been seized under any such warrant may apply at any h e dter such arrest or seizure to the Court for nil

keep until the expiration of the time allowed for acljudication on

such petition, or until such pergon shall be adjudged insolvent forthwith.

under such petition, and be thereon dealt with according to this

~rder or rule on the petitioning creditor to show cause why the

0 2 pPl-Bon

D m m m In.

Of procedure to ob-

person arrested should not be discharged ont of custody, or why

tain a@udieatian

his books, papers, moneys, securities for moneys, goods, and chat-

of ittsohmy.

tels should not be delivered up to him, and it shall be lawful for

such Cowt to make absolute or discharge such order or rule.

Camtbefaeaajuai-

catm may summon

51. The Court before adjudication may summon before it any mation concerning any act of insolvcncy committed by the debtor, and may require any person summoned to produce any books, papers, deeds, and writings, and other documents in his custody, possession, or power which may appear to the Court to be necessary to establish such act of insolvency; and it shall be lawful for the Court to examine any such r>erbn upon oath by word of mouth or interro-

etn-8 to prove a$+ person whom such Oourt shall believe capable of giving any infor-

of +wolvency.

?ersons not appearing gatories in "writing concerning such a& of insolvency; and if such	when ~qmmoned msg person, so summoned as aforesaid, shall not come before the Court,
Ie timnt. up by at the time appointed, having no lawful impediment made lmowm to the Court 4t the time of i t s sitti-ag, and 'allowed by it, it shall be lawful for the Court, upon due proof of the service of such summons, and of such neglect or refusal tc issue a warrant to arrest the person

80 summoned, and to bring such person before the said Court for

examination; and also to swlze all and every hooks, papers, deeds, and writings which suoh person may be sumnionecl to produce; and, at the discretion of the Court, to fine and imprison, or to fine the person so summoued, and neglecting or rsfusing to n l ~ ~ c a r as afore- said.

ihe@@Jica&~g proceedings there- And with respect to the adjudication of insolvcncy ancl p-oeecd-,

Of

flin50ber1cy and

ings for securing the property ancl snrrmdcr of t h ~ insolveilt, be it

i d e r.	Enacted-
C o d to make adjudi-

cation upon cerlain 52. That the Court under a petition filcd by a creditor, on proof of

proof.	the petitioning creditor's debt and the act of insolvency of the debtor, or, in casc of the failure of the petitioning creditor duly to proceed and obtain such adjudicatiov, thcn upon the application of mother creditor to be made at the time and irr the manner hereinbefore ap- pointed, axid on proof of such crociitor's debt ancl of the mct of'insoG
vency of the debtor, or upon the application of the person indebted on proof of the act of' insolvency, and delivery by him of the under-
taking hereinafter mentioned; and, under a petition filed by the person indebted, upon the applimtion of the dehtor and on proof of the act of insoivency, shall adjudge such debtor insolvent, and the adjudication of insolvency may be in the form in the Schedules H or I to this Act annexed.

Q* petitioning

oreditor's debt be 53. Zf after adjudication of insolvency the debt of the petition-

insU~cieu~Cou*msy	ing creditor be found by the Court to be insufficient to support such
proceed upon the	adjudication it shall be lawful for the Court, upon the application
epplicatiun of any
other creditor whose	of any other creditor having proved m y deh t sufikient to support
&Uis suffiaient.	m adjudication, or which being added to the petitioning creditor's, debt, will be sufficient for that purpose to order such last-mentioiied
debt to be substituted fox or added to the debt of the petitioning

creditor,

DIVISION EXT.

creditor, and which ordw may be in the form contained in Schedule Of the adjudicatioa

I< ta this Act annexed, or to the like effect.	of insolvency and
proceedings there-

51. The Cowt s l d l forthwith, after adjudication, appoint two under. .

public sittings of the Court under the insolvency, the first to be	Court, after adjudi-
held on a day not earlier than seven days, nor later than fourteen	publicsittings; tocauea
cation, to appolnt two

days, from the date of such adjudication'-and the second to be held ad'udication and

on a day not earlier thdn twenty-eight days nor later than thirty-five	pubic sitting to be
days from the first sitting, and shall cause notice of such adjudica-	advertised.
tion and of such public sitting to be given by advertisement in the
South Austtdian Govenznaent Gazette, and also oncc in each week in

two weekly ancl two daily newspapers published in Adelaide, except in the case of an adjudication obtained by and on the petition of a pauper debtor, when the advertisement in the said Gnxette shall be A dccmed sufficient; and the Caurt shall, by order undcr the hand of the Commissioner, fix an amount for which the Official Assignee of such insolvent shall be a iudgment creditor of such insolvent, and TO fix amount for

nation of the insolvent, substitute another amount for the amount so creditor.	the Court rnay from time toutime, until the passing the last exaini- ~yo~!F.",t$i:$~"~~
ordcred, and such o d & or substituted order may be in the form in
the Schedule I, to this Act annexed; and every such order shall 651. m
have the effect of a, judgment in the Supreme Court; but such order
shall not be enforced, nor shall judgment thereon be entered up
mitho~zt lcnve of the Court.

55. Tlro Court shall also, aftor the adjudication, at the instance court may iwue

nf warrant

the Official Assignee, issue a warrant to the messenger of the credits, and real estate of tho insolvcmt.

56. In the case of a person adjudged insolvent oil the In cage of apcrsonadl

petition of a creditor, the Court shall also fix a period not pntition of a creditor, judged insolventon the

exceeding fourteen days from the date of the adjucli-tion, within Go"Pt fix a period for insolvent to sur-

which the insolvent is to surrender and conf0r.m. and shall render. anrl to adver-.

cause the like notices thereof by advertisement to appear with tise	period.
each notice of adjudication, and the Official Assignee shall forth-	with cause a duplicate of the adjnctication to be served upon such	insolvent personally, or by leaving the same at the usual or last

known place of abode of such insolvent: Provided, that the person so adjudged insolvent as last aforesaid rnay, if he think fit, within seven days from the service of the duplicate of the adjudication, or such extended tinw as the Court may sec fit, not exceeding four- teen days in the whole, show cause ta the Court against thc validity Debtor adjudged in-

of the adjudication; and if he shall, within such time, show to the $ l: ~ ~ ~ ~ i ~ t o p " ~ ~ ~

satisfaction of the Court that the petitioning creditor's debt:and act swen ornot exceeding

of insolvency upon which such adjndioation has been grounded, or ~ $ ~ ~ ~ B ~ $ $ $ ~

either of such matters, are insufficient to support such adjudication, cation.

and upon such showing no other petitioning creditor's debt and act of insolvency sufficient to support such adjudication, or such of the last-mentioned matters as shall be requisite to support such adjudi- a&judicatlon,

Court may revem

sation, in licu of the petitioning creditor's debt and act of insolvency,

or

D t v r m ~ m- or either of such matters, which shall be deemed insufficient in that

CaftAearf'udicatioa behalf, as the case may be? shall be proved to the satisfaction of the

l! urnss mi Court, the Court shall therepon order in the form contained in the

pecsedinga there-

under. Schedule M to this Act annexed, or to the like effect, such adjudi- cation to be reversed, and the same by snch order shall be reversed accordingly, and the Court shall forthwith cause notice of such

&per& to ,b dver- reversal to be given in the South Australian Government Gazette :

tised. Provided alsa, that the Court shall have power from time to time to

~ o u r t may enlarge

time for insolvent*.	enlarge the time for the insolvent surrendering himself for snch time
@mender,	as the Court shall think fit,

h o l v e n t to be free 57. Every person who shall be adjudged insolvent fillall be free

Lmest in

tp surrender	from arrest or imprisonment by any creditor in coming to surrender; and every insolvent, aftcr sirrender. shall be free from arrest or imprisonment by any creditor, so long as he shall have the protection of the Court as hereinafter provided; and if such insolvent shall, at the time fixed for his surrendering, be in prison, or in custody for debt or damages, the Court shall, by warrant to the persen in whose. custody he is confined, order his immediate release from custody at
InaoTvent aftersur-
render to bo free from	the suit of any creditor, and which warrant mar; be in the form
arrest while under pro-	contained in Schedule N to this Act annexed: ~ r o h d e d, that such

kction of Court, and release shall in nowise affect any right of the creditor against the if in custody, Court to

his &ischargo.

insolvent, except the right of detaining him in prison so long as hc

shall haye the protection of the Court.

Insolvent 8omrn-

dering to be in cuatody 58. Every insolvent shall, immediately u pon sarwndering, be.

at the euit of the U~B- deemed to be in enstody for debt at the suit of the Official Assignee,

$$;~~~;;~."a~ for such a s~lm of money as the Court may, by such order or substi- tuted order as doresaid, have directed; and the Mcsscngcr of the Court shall, upon receiving the warrant of the C'ourt, and whiclr warrant may lx in the form contained in the hhedrde 0 to this Act

annexed, l o d p the insolvent in the Adelaide Gaol, and such insolvent

shall not be discharged from Gaol until he shall have passed his last esaminatiou, unless he shall have received the protection of the Court, as aftcr proaided.

Insolvent at large, ad-	b9. 111 the ease of a person adjudged insolvent on his own petition,
j"*dinsO'ventOnhis

own petitiou, to sur-	the insolvent. if at large, shall within three days after such adju&
render within three	cation, and before three of' the clock in the aft,ernoon c;\f the last
days of adjudication,
cand unless pr,,tcctrd	day, surrender himself to th c Messenger of the Co1n.t at the suit of
to go to g d.	the, Official Assignee, who shdl thereupon, wilcss the insolvent shall have obtained the protection 01 the Court, obtain thc warrant of

Insolvent in gaol to ba the Court, and lodge such insolvent in the A delaide Gaol; and if "8ch*ged to ]lis such insolvent shall bc in prison, or in custody at the date of the

detaining creditor and

8e Oacial the Messenger of the Colxrt shall forthwith obtain and deliver ta eonfined at thg suit of adjudication, no actual personal surrender shall be necessary, but

the person ?n whose custody the insolvent is confined, the warrant of the Court for his release fxom custody at the suit of any creditor,

as hereinbefore provided, and likewise the warrant of the Court

requiring the permn in whose custody the insolvent i$ confined to

&bin mch inaol~wt, or othpvise to lodge him in the Adel&de

Gac>l at the auit of the Official. Assignee. 60. After

60. After such adjudication as aforesaid, it shall be lawful for the Court to direct such insolvent to be discharged out of custody at the Ofthe arljuclicatiopl D1vra1m rrt. ?finroluency land

suit of the ~fficial Assignee, on his finding sufficient surety or proeced~yr dsrs-

sureties to enter into a recognizance to the Official Assignee in such	under.
s u m or sums of money as the Court shall order, and which order

ancl recognizance respectively -shall be in the forms in the Schedules Jnsolvent incustodra't the ault of the OBcial

1' and U to this Act annexed, and thereupon the said Court shall nMignce may

grant to the said irisolvent the protection of the Court, which protection of the Court	shall be in the form in the Schedule K, to this Act annexed: on finding bail.
Providcd that the sureties of surth insolvent or any of them or any ore of them may rcnder such insolvent to gaol in discharge of their
recognizai~ce : Provided also that the Court, when and as often as Bail m,y ,,,aer insai.
it shall sec fit, may withdraw such protection either entirely or for vent to gaol.
some definite period, or until the insolvent shall have found other sureties or 'surety, or surety or sureties to a larger amount, and
also that any insolvent, so rendered to gaol or whose protection shall protection. thereupon shall order such insolvent again into custody: Provided Court mnfr withdraw
be so withdrawn, shall have the right of again applying to be discharged, on finding s-c~reties~ as though he had only just then ~urrerrdered.

G 1. The Court of Insolvency shall have power to order any Court may order gaoler to bring up

insolvcnt in prism, or in custody under any process, attachment, , . , , , , ,

execution, cornmitrnent, or sentence, or any prisoner in any of Her Majesty's Gaolc. or serving ally sentence, and who shall be e necessary or material witness in anv matter pending in th6 said

Court, to be brought before the s a d Court, or some officer thereof, Gaolera to obey orders	and thc Keeper of the Adelaidr (Gaol, ancl all other persona having On receiving
the custody of an insolvent, or pri.;oner, are hclvby required to obey, abide by, and corrform to any order made by the Court for the bringing up srlcll insolvent or prisoner, or to any order for receiving or detaining any insolvent, and alsd for the release of any insolvent in his cirstody for debt only, upon receiving the warrant of the Court for each particular occasion j and if any action or other M ~ Y plead not guilty,
proceeding shall be brought ag~iinst such person for obeying the evidence, and give warrant in
warrant of the Court, such person may plead that he is not guilty
by this Act, and give any such warrant in evidence,

6.2. The insolvent forthwith after surrender, or after the Tnm"XenttOdeliverup his booka of account t o

period limited for his s~rrender, shall deliver up to the Official OAicial Assignee; to

'Assigncc all books .of n	rcount, papers, and writingo relating to his attend post ~ 1 ) accountant, his books; and to
eshte, in his custody	or power, and discover such as are in the give particulars of his

any other person, and such insolvent shall post dealings, to enable him

custody or power of to prepare b d m r e ~

arid make up his books and accounts to the date of tl-I$ adjudication, &et.

and, if not in prison or in custody, shall attend the accountant

appointed by the Court, at such place and when and so often as he

shall be required, or, if such ifisolvent shall be in prison or in cus-

tody, he shall, on or before the first public sitting under the insol-

vency, deliver, or cause to be delivered to the Official Assignee, a ligt

containing the namee and residences, as far as known, of all the

creditors of such insolvent, and of all property, rcal and personal, if

P 2 any

kvrsnm 1x1. any, which he has, or is entitled to, with the names and residences,

Ofthe a*wdicaii*n so fa a8 known, of all persons indebted to him; and shall also attend

of inaol~.mcy and

proceedinye tkere- the accountant, or the Official As&gnee, or some person appointed by

under.	him, at the gaol or place of custody, and shall furnish to him such
* particulars of his debts, and credits, estate and effects, trans(zctions
and dealings, as are necessary to enable such accountant or Official Assignee to prepare the insolvent's balance-sheet and schedule, as by
To ass% in meking
out accounts.	this Act is required; and shall also, when and as often as required
by the assignees or Official Assignee, assist in nmking out the
To be at liberty to	accounts of his estate, and such insolvent, after he shall have sara
inspect books, &c.	rendered, may, at all seasonable times before he shall have pssed his last examination, inspect his books, papers, and w-itings, in the presence of the Official Assignee, or any person appointed by him, and bring with kiln each time any two persons to assist him.

After pa~lsing but 63. Every insolvent, after he shall haw passed his last exarnina- his estate and any debtor to or creditor thereof, or attend any Court of Justice or any arbitration to give evidence touching the same, or do any act necessary for getting in or 111-otecting his said cstatc, for which attendance he shczll be paid Eight Shillings per day by the Official Assignee out of his estate, over and above his reasonable

examination, to tion, shall upon demand, in wriiing given to him, or left at his usual

attend aa~ignees in

settling accounts.	place of abode, attend the amignee to settle any account between
Allowances for at-
tendance.	travelling expenses to be allowed by the Court.
Appointment of ac-
countant.	64. The Court may, except in the case of imprisoned debtors, as hereinafter mentioned, as soon as convenient, appoint some compe- tent person as accountant, arid sh11 refer to him the books of account delivered up to the Official Assignee, ancl who shall invest& gate the accounts of t-he insolvent, and shall prepare therefrom ,a schedule and bahnce-sheet of the insolvent's property, dealings, and transactions, so far as the said books and accounts afford materials for prepari:l& the game; and shall file such balance-sheet with the
Aecoantant to report	Official Assignee ten days at least before the day appointed for thc

on state of insolventss second sitting under the insolvency; and such accountant shall also

accounts, &C. at, or shady before, such sitting, deliver to the Official Assignee his report as to the keeping of accounts by the insolvent, whether the insolvent has rendered him the greatest assistance, and given him all necessary information in his power ; whether nr not any books or papers appear to be missing, or to have been falsified or destroyed;

the cause of the insolvency, and whethcr or not any property ap- pears unaccounted for; and such accountant shall attend the Court
Remuneration
accountant.	at such meetings under the insolvency as he shall be required: And the accountant shall receive out of the estate of the insolvent, for the investigation of the accounts and preparation of the schedule and balance-sheet and his report thereon, a sum not exceeding Fif'ty Yaunds, and shdl also receive One Pound fbr every time he shall
dccoPntant not	attend the Court when requested as aforesaid; that, in case the estate
bappointedinthe
case of an imprisoned	of any insolvent will not pay the fees payable to thit accountant,
debtor.	the same shall be paid out of the fund hereinafter called The Un-
claimed Dividend Fund;" Provided, that it shall be optional with

the

the Court to appoint an sccou.itant as hereinbefore mentioned, and Ofthe Dl~+rs lox an'jecdication 111.

if no such appointment be made, the Official Assignee, or some 4finaalvs,lcy and

person appointed by him, shall perform the duties of the aocountant.	proceedings
tsnder.

65. Tn all cases where it shall be made to appear to the satisfaction search-warrant may

of thc Court that thcrc is reason to suspect and believe that any pro- be grated.

perty of any insolvent is concealed in any house or other place, not

belonging to snch insolvent, the Court may grant a, search-warrant to

the incssen,per and his assistants, or other person appointed by the

Court, and ~t shall be la~yfhl for such messenger and his assistants, or

other person, to execute such warrant according to the tenor thereof, and snch messenger and his assistants, or other person, shall be entitled to the same protection as is dlo\red by law in execution of a fiearch-warra~lt for property reputed to be stolen or conce:~led, and every such search-warrant shall be in the form contained in Schedule S to this Act annexed, or to the like effe'ct.

66. No act,ion shall be brought against any messenger or his f & ~ ~ ~ a & $ ~ c r -

assistants, or other person appointed by the Court, for anything done e m s noting in obedi-

in obedience to any warrant of the Court, unless demand of the ,,Court.

ence to warrant of

~ e m ~ s a l and cow of such warrr'lnt hath been made or left at the k u a l plarc of &dc of such mrssennger, or his assistants, or other person, by the party intending to bring such action, or by his at- torney or agent, in writing, signed by thc party demanding the same, and unlcss the same hat11 been refused or neglected for six days after such denland, and if i~f'ter such delnand and compliance therewith, any action be brought against such messenger or assin- tan t, or person so appointed, without making the pctitioning creditor defendant, if living, the jury, at thc trial of such action on the pro- duction and proof of such warrant. shall give thcir verdict for the defenclant, notwithstanding any dcf'cct of jurisdiction in thc Court bv which such warrant s l d l have been granted, and if such action

b;! brought against the petitioning creditor, and the messenger,

or assistant, or person so appointed, t,hc jury shall, an proof of such warrant, give their verdict for such messenger, or assistant, or

person so appointed, notwithstaloding any such defect of jurisdiction;

and if the verdict sXdl be given against the petitioning creditor f o ~

an amount carrying costs, the shall recover his costs ag~inst

him, to be taxed so as to include such costs as the plaintiff is hable

to pay to the messenger and his assistants, or person so appointed as

aforesaid.

67. In any such action brought against the petitioning creditor, PPOO~ in such action

either alone or jointly with a3 y messenger, or assistants, or other ~ ~ ~ ~ ~ ~ $ i & ! - ' e -

person so appointed by the Court, for anything done in obedience syfiicient to rendet

to the warrant of the Court, proof by the plaintiff in such action h1r.u liable.

that thc defendant or defendants, or any of them, is or are petitioning

creditor or creditors, s l d l be sufficient for Wle purpose of making

such defendant or defendants liable in tbe same manner and to thc

same extent as if the act complained of in such action had been

done or committed by such defendant or defendants;

ss. It

~ V I B I O N 111.

68. I t shall be lawful for any messenger of' the Court and his

Qf the ad 'uciica tion

q. inao&nry and assistants, acting under warrant of the Court, to break open any

proceedinys there- house, chamber, shop, warehouse, door, trunk, or chest of any insol-

under. vent, where such insolvent or any of his property shall be reputed to

Messenger may break be, and seize up011 the body or property of such insolvent, and if	open the insolvefit's
doors and seize upon the insolvent be in prison or in custody, it shall bc lawful for the
his body or property. messenffer and his assibthnts to selze any property of th P insnlven t . - - -

(his n&essary wearing apparel only excepted) in the c~stodv or possession of such insolvent, or of any other person in any piison or place tvhcre such insolvent is in custody.

insolvent tirrcstd, 69. If any insolvent shall be arrested for debt or on any escape

to be diaaharged On

producing protection.	warraiit in coming to surrender, or shall after his surrender, ancl while protected by order of the Court, be so arrested, he shall, on producing such protcction to thc officer who shall arrest him, and giving such officer a copy thereof, be immediately discharged, and if any officer shall detain any such insolvent after he sht~ll have shown such protection to him, except fbr so long a time as shall be necessary for obtaining a crpy of the same, mch officer shall forfeit to such insolvent, for his own use, the sum of Five Pounds for evcrv day hc shall detain such insolvent. to be rccovered by action of dc6t in the name of such insolvent, with full costs of snit.
Petitioning crcditor
to proceed at his own	70. Eveiy petitioning creditor shall, a t his &vn costs, file and po~ecd tc his petition until the choice of assignees by t11c c~.cditnrs ;

until choice ,,f

assignees. and the Court shall, at or after the sitting for such choice, rnalrc order for the payment thereof out of the estate of the insolvent in course of priori'r,~, to be settled by any general rule or order to be made in pursumce of this Act.

Adjudication not to be	7 1, NO fiat ix	insolvency slid1 be annulled, nor any petition for
reversed by rewon

ollly ofconce*, &C. adjudication reversed, by reason only that the petition, atljudica-

tion, or act of insolvency has been coaeerted or agreed upon between the insolvent, his solicitor, or agent, or any of them, and

any creditor or other person,

court may prowed, '72%. If any insolvent shall die after adjudication, the Court may

notwithstanding death

of insolvent.	proceed in the insolvency as if such insolvent were living.
Court may summon
and examine insol-	73, The Court may summon any insolvent before it, whether such insolvent shall have passed his last examination or not; and in case he shall not come at the time appointed by the Court, having
vent.
_. *	no lawful inlpediment (made known to and allowed by the Court at such time), it shall be lawful for the Court, by warrant, to authorize
and direct any person or persons the Court shall think fit, to appre- hend and arrest such insolvent, and bring him before the Court;
and upon the appearance of such insolvent, or if such insolvent be present at any sitting of the Court, it shall be lawful for the Court to examine such insolvent after be shall have made and signed the declaration contained i~ Schedule T to this Act annexed, either by word of mouth or interrogatories in writing, touching all matters

relating

relating to his trade, dealings, or e~tate, or which may tend to Drv~srolv 1x1.

Oj' the arEjudicntbn

disclosc any secret grant, conveyance, or concealment of his lands,	of insolvency and
tenements, goods, money, or debts, and to reduce his answers into	proceedings there-
vriting, which examination, so reduced into writing, the said insol-	under.
vent shall sign and subscribe.
74. I t shall be lawful for the Court to summon before it the wife of any insolvent, and to examine her, after she shall have made and	and examine the
Cour t may summon
inaolvcnt's wife.
signed the declaration contained in Schedule T to this Act annexed, either by word of mouth or interrogatories in writing, for the find-
ing out and discovery of the estate, goods, and chattels of such
insolvent concealed, kept, or disposed of by such wife in her own person, or by her own act. or by any other person; and she shall Incur such danger or penalty for not coming before the Court, or for refusing to bc sworn and examined, or for refusing to sign or sub- scribe her examination, or for not fully answrring to the satisfaction of the Court, as is hereinafter provided.
75. If in any case it shall be proved to the satisfaction of the Court, that any insolvent is keeping out of the way, and cannot be	out of the way, or be If insolvent bekecping
ahout to quit the Pro-
pervonally served with a, summons, and that due pains have been	vince, Court may
tstkerr ta effect such personal service, or that there is probable wuw	issue warrant,
for believing that he is about to quit the said Province, or to remove or conceal any of his goods or chattels, unless he be forthwith apprehended, it shall be lawful for such Court, by warrant, tr arntllorize and direct any pcrson or persons it shall think fit, to apprehend and arrest =eh imdvent, qnd bring him befbre the Court for examination, in like manner as if hc appeared upon a summans.

76. If any insolvent, apprehended by any warrant of the Court,	equivalent to surrea-
Compulsory surrender

shall, within the time allowed for him to surrender, submit to be

dcr.

examined, arid in all things conform, he shall have the same benefit

as if he had voluntarily surrendered.

77. After adjudication, it shall be lawful for the Court to summon	summon persons sus-
Cow6 empowered to

before it any person known or suspected to have any of the estate	pected of haring the
of the insolvent in his poasessian, or who is supposed to be indebted	insolvent's property.
to the insolvent, or any person the Court may believe capable af giving information concerning the person, trade, dedings, or estate of the insolvent, or concerning any act of insolvency committed by him, or any information material to the full disclosure of his dealings; and the Court may require such person to produce ar.y books, papers, deeds, writings, W other documents in his custody or power, which may appear to the Court necessary to the vcrifica- tion of the deposition of such person, or to the full disclosure of any of the matters which the Court is authorized to inquire into;
and if such person, so summoned as aforesaid, shall not come
before the Court at the time appointed, having no lawful impedi- ment (made known to the Court at the time of its sitting, and allowed by it), it shall be lawful for the Court, by warrant, to

& 2 authorize

Drvxszolv 111. authorize and direct the peraon or persons therein named for that

Of the ad'adication purpose to apprehend and, arrest such person, and bring him before

of inso L enqy and proceedings there-	the Court fw examination,
Bervice of summone	78. Where i t shall be shown by affidavit to the satisfaction of aforesaid is keeping out of the way and cannot be personally served therepith, and that dye pains have been taken to effect such personal service, it shall be l~wfu l for the Court to order, by endorsement upon the summQns, that tbe clelivery of a cqpy of such aummons to the wife or servant, or some adult inmate of the house or family of the person at his usual or last known place of abode or business, and explaining the purpurt thereof to such wife, servant, or inmate, shall be equivalent to personal service, izpd in every such case, the service of such surnrnons in pursuance of such ~rde r, shall be and be deemed apd taken to be of the same force and effect to all intents and purposes as if the party to whom such summons
where the person	the Court that any person to whom any such summons is directed as
keep0 Out of the way.
was directed had been personally served therewith.
Porer to examine	79. Upon the appearance of avy per5on suknnmned or brought be present at the sitting of the Court, it s41;ell be lawful for the Court to examine every such person upon oath, either by word of mouth, or by interragatories in i t coi~cmiling the person, track, dealings, or estate of any insolvcnt, or concerning any act or

pwwn~	auamned or
pwnt	at my ~itti,. before the Court upon any warrant as af'oresziid, ox if any person

acts of insolvency by any insol~ent commitred: and to ~ ~ c d ~ ~ c c into

writing the ansv\.ers of every such person, ancl surh tuisn-ers so reduced into writing, such person cxaminr>tl is hcrcby rcquird to

sign d subscribe.

In cage debts adruiit~d

due to insolvent'e 80. If any person exumincd as East aforesaid shall in and by

estate, Gourt may	his examination, signed and subscribed as aforehaid, and also in and
prder payment.	by a separate writing in the form contained in the Schedule II to this Act annexed, admit that hc is indebted to the insolrent in any sum of money upon the balance of accounts, it shall be lawful for the
Court, if it shall think fit, to O M ? ~ (in the form contained ilk
Schedule V to this Act annexed, or to the like effect) that such person shall forthwith, or at such time acd in such i&mer as to the Court may seem expedient, pay the amount :a admitted in full discharge thereof to tbe Official Assignee, together with the costs of and incident to the sumwons of such person, if the Court think fit to award costs, or the Court may, if it think fit, iq the said form contained in Schedule V to this Act wnexed, order the Oficial Assignee to pay the cost of the pcrson summaned out of the estate of the insolvent, and eveyy SU& order shall have the effect of a

To have the effect 04 jndgment of the S~preme Court, and may be enforced accordingly:

a judgment. Proyided that no such order shall be made unlessl there a ba

presenqe or a pmcti- present some practitioner of the Supreme Court on behalf of the !ionernemwry on person making such admission expressly named by 'him, or upon behalf of person his refusal to name such practitioner,named by the Court to act on his

~aking admiaeioa,

behalf, to infoxrn him of the effect of such admission before the same

is signed nnd subscribed as aforesaid, and that such pmtitioxier do	Of' the adjudicafio9a Urvrsron. m
sign his name as a witness to such admission in the form contained	of insolveng and

in the Schedule U to this ,Qct annexed; Provided also, if part of proceedinys there.

the sum actually due Be sa admitted, or if the Court nmkc an order	under.
for part only of the s im admitted, the residne may be recoverable in the same manner in all respects as if no such aclmissicrn or order had becn madc,
Court may crder let-
81. The Conrt may order that, far a period of three months from the date of any such order, all post letters directcd or addressed	ters addressed to in-
solvent to be rcdi-
rcctcd or delivered to
to any insolvent shall be redirected, readdressed, sont, or delivered	Official Assignee:
by the Puutrnitster-Gened, or the officers acting under him, to the official or other Assignee or other persou named in such order, and which order, on reaeipt of copy thereof by the Postmaster- General or such officers receiving such notice, he and they is and are hereby required to abey accordingly, and the Court may, upon any application to be rnade for that purpose, renew any such order for a like or for any other less period as often as may be necessary.

And with re~pect to the power of the Court over certain descrip- O f t ~ o c o n s e p e n ~ s

tion of property be it Enacted;	over certain des- of adjudication criptions of pro-
(12. That if m y insolvent, ilt the tirno he becomcs insolvent,, shall, by the consent and pcrinission of the true owncr thereof, have in	p.,,.ty.
Goods in tho posscs-

his passossion, order, or disposition, any goods or chattles whcrcof ,ion, or diapo-

1~ was reputed owner, or tvllereof he had taken upon him the sale, sition oftho insolvent to bc dccrned his pro-

alteration, er disposition, as owner, the Court shall have power to ,,t,,.

order the same to be sold and disltosed of for the benefit c?f the c;rediL

tors under the insolvencv, proviclec! that nothing herein contained

shall invalidate or affect m y trader or assignment of any ship or

vcssel, or any share thcreof made as sccurity for any debt or debts, Proviso fur assigo-

either by way of mortgage or assignment, duly registcrcd according i7 and llVie,, o, L04.	men& of vcssols under
to the provisions of an Act of the Imperial I'arlianient made and passed-iu Session of Parliaznent holde6 in 17th and 18th years of the reign of Her Majesty, called '' The Merchants' Bhipping Act,

pcrfccted under the provisions of ' an Act of the Governor and And billsofsale under	1854," or shall invalidate or affect any purchase or security duly	*	Ls66-'.
Legislative Council of the said Province passed on the 5th day of March, 1856, being No. 4 o f 1855-6, intituled, " An Act ta give a Pjeferable Lien an Wool from Season to Seasan, make Mort- gages of Sheep, Cattle, and Horses valid, without delivery to the Mortgagee," so fw as regards martgages executed at least sixty days clays before the filing of any petition for adjudication of insolvency, or the consideration for which sliall be an advance, or loan made at the time of the execution of such mortgage.

83. If any insolvent, being at the time insolvent, shall (except ~ o w e r o f ~ o u r t over

certain conve anceR

for some valuable consideration) have conveyed, assigned, or trans-

by ins&eul,

ferred to any of his children or to any other person, or shall have

any purchase, or taken any conveyance, assignment, or

transfer in the name of any of his children or any other person, of

D1vlsro?r Ilrd any hereditaments, offices, fees, annuities, leases, goods, or chattels,

Of the consequences

of a~zsCllcution or have delivered or made over to any of his children, or to any over certcci de- other such person, any money, or any bills, bonds, notes, or other

scription ofpro- securities, or have transferred any of his debts to any other person

per4 or into any other person's name, the Court shall have power to order

the same to be sold, disposed of, and received for the benefit of the

creditors under the insolvency, and every such sale shall be valid again& the insolvent and snch children and persons, and against all persons claiming under him or them.

mp*erea to

order transfers of 84. If any insolvent shall have any Government securities, or any Eundsmd stock stand- of the stwk or interest of or in any public company standing in his

iagininsa'vent'r	98m0.	name in his own right, it shall be lawful for the Court, by writing, to order all persons whose act or consent is thereto necessary to transfer
the same'into the name of the assipccs, and to pay all dividends
upon the same to the ~ ~ i i a l Assignee, and all snch'pcrsons whose act or consent is so necessmy tire hereby indemnified for all things dsne or permitted pursuant to such order.
Court may order

gooda undrtr soimre 85. All goods and chattels of any ii~solvent which shall at the

to h dolivurod do the time of the f i l in~ of the uetition for adiudication be under scizur~,

V 4 U

assipccs.	by virtue of any process out of m y Court, shall, upon demand, b,e deliwred up by all persons having ths custody of the same to the Official, or creditors' assignee, as the case mzy be, and the Court may make order a ~ c o ~ d i ~ g l y. Provided that the creditor, at whose suit
~ u c h process shall 'ilnve been issued, shall be entitled -to receive from
the Official A~bsipee,

arrested as paid, and as may bc allowed by the Court.

Service of warrant on gaolor to release imprisoned insolvent at

the suit of the detaining creditor, and of warrant of detainer

at the suit of thc Official Assignee.. ..................

Service of any other wasrant or process on gaoler ..........

Executing every search warrant .................... .. ....

Service of any other summons.. ..........................

Warrant or order not hereinbefore specified ................

For every mile beyond the limits of the Park Lands, and within seven miles thereof, travelled in the service or execution of any proccss of the Court, each way,. ..................

For every mile beyond seven mile8 from those limits, each way,.

Commission on selling, not exceeding, per ccntum ..........

Court Fees.

Filing every declaration of insolvency ....................

Advertising.. ........................... ( ~ a m e as paid)

Filing every petition.. ..................................

Order of Court extending time for adjudication ............

Hearing fee, if no adjudication made ...................... Adjudication of insolvency on the petition of a creditor, including

order for reversal (if any), advertising meetings for choice of Assignees, hearing on last examination, and adjourned hearings ..........................................

The like, if adjudication made on the application of the person

indebted ..........................................

%c like, if rnsde on the application of an imprisoned debtor..

&'or every warrant for seizure of movable property ..........

r a ~ l n e: recopnizance of bail. .............................

"

Order for discharge ....................................

Every other order, except for payment of wages ............

Preparing schcdulc and balance-sheet-(the sum paid to the

accountant, under section ). I

For every audit and dividend meeting ....................

For every hearing for special purposes, not at the instance of

the insolvent, and not requiring advertising ............ 1 0 0

C 3 For

For every like hearing, requiring advertising, including cost of

advertiscmcnts ....................................

For every summans to the insolvent or other person ........

For every warrant for the apprehension of the insolvent or othcr

person ..........................................

For every warrant of commitment ........................ Per centage on the gross amount received on each estate up to

the first £200, per cent. ............................

For every further sum up to $400, pcr ccnt. ................

For every further sum beyond £400, pcr cent. ..............

For every offire copy of any document no$ exceeding five folios

of seventy-two words ..............................

And for every additional folio ............................

Taxing costs .........................................

Far every certificate to an insolvent under Divaion VI. ......

C

(The h o l v e n t Ant, 1860.)

Dee2aratio:t of insolvency by Debtor.

I, the undersigned of do hereby

declare that I am linable to meet my engagements with my creditors. Dated at the

hour of o'clock in the noon this day of -

in the year of our Lord one thousand eight hundred and

Witness- OEcial Assignee.

(The Tnsolwnt Act, 1860.)

To the Court of 1r.solvency-

The humble petition of o f sheweth-

That of is indebted to your petitioner in the

sum of Forty [if two petitioners Sixty, and if three or more One Hundred] Pounds [as the case may be), and that your petitioner has been informed and belieyes that the said did lately commit an act of insolvency within the true

intent and meaning. ~ f the law of insolvency:

Your petitioner, therefore, humbly prays that, on proof of the requsites in that behalf, adjudicatirn of insolvency may be r r d e against the skid

And your petitioner shall ever pray, &c.

Signed by the petitioner on the day of

18 in the presence of

[If the petition be by partners, alter the form accordingly, and lct i t be signcd by one on behalf of himself and partners. If the petition be by scvcral, not being

partners, then it must be signed by each; and, in such casc, the names of t l ~ c several petitioners should be stated in the attestaiion nr attesintions relating thereto respectively. If the petitioner cannot speak to the place of residence, or busmess of the debtor, s t ~ i k e out the averment a s to that and annex tct the petition a separate affidavit of some person who can speak to the fact. If the petition be against partners, alter the form accordingly.]

(The Insolvent Act, 1860.) E

ABdavit of truth of a l l ep l io r~s i9a Petition.

of in the Province of South Australia,

the petitioner named in the petition hereunto annexed, making oath, an$ saith that

the several allegations in the said petition are true.

Sworn at this day of , 16 .

Bcfore me,

[If the petitioner affirm, alter the form accordingly.]

(The Insolvent Act, 1860.)

Petition Zy n Debtor f o r A$udication	o f Insolvency against himself.
To the Court of Insolvency-

The llumblc ~e t i t i on of , of sheweth-

That your petitioner, being unable to meet his engagements with his creditors, has committed an act of insolvency: Your petitioner, therefore, humbly prays that, on proof of the requisitss 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 of

[If the petition be by yartllers, alter the form accordingly, and state the names of the several petitioners in the attestation or attestations relating thereto respective!y.]

G

(The Insolvent Act, 1860.)

To the Court of Insolvency-

The humble petition of of sheweth-

That your petitioner is now imprisoned in the Adelaide Gaol for dcbt.

That on the day of 18 , your petitioner causcd rr

notice to be given to the Official Assignee, of his intention to petition as a pauper for

adjudication of insolvency.

That your pctitioner has no property, except [Here state any property of whi& he may be possessed.]

Your petitioner, therefore, humbly pmys that, on proof of the requisites in that behalf, adjudication of insolvency may be made against him.

And yolir petitiot~er shall ever pray, ,&c.

Signed by the petitioner on the day of 18 , i n t h e

presence of The petitioner named in the above petition maketh oath and saith that the several of

allegations in the said petition are true.

Sworn at , this clay of 18 .

I certify that of is the detaining creditor of the

above petitioner.

(The Insolvent Act, 1860.) Gaoler.

Adjudication of Insolvency on the petitiorz of a Creditor.

Court of Insolvency, at the Local Court lIousc, Victoria-square, Adelaide, the

day of , in the year of our Lord 18 .

I n the matter of

Upon application made to me this day, and upon reading the petition of

filed in this Court on the and upon day of

proof upon oath this day taken, this Cqurt doth find that the said is insolvent within the meaning of the lnsolvent Act, 1860, and that he 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 t h ~

said Court of Insolvency on or before the day of next.

A,E,, Commissioner.

(The Insolvent Act, 1860.)

Ac&dication of 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 .

Tn the matter of

Upon application made to me this day, 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, 1860, and that he became ao before the date of the filing

of his said petition, and doth adjudge him insolvent accordingly,

K

(Thc Insolvent Art, 1860.)

Order for petition for adjudication of Inlncolvency to be proceeded in on a substituted

debt.

Court of Insolvency, at the Local Comt House, Victoria-square, Adelaide, the

day of , in the year of our Lord 18 .

In the matter of , an insolvent.

Upon application made to the Court this day by of counsel for

a creditor of thc abovr-namcd 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 he insufficient to support the adjudication of insolvency against the above-named insolvent, it is hereby ordered that the debt of the said

be substituted for the debt of the petitiorhg creditor, and that the costs of

[stating such order as to wsts of any of the parties concerned as the Court thinks fit,]

.4. B., Commissioner.

L

(The Insolvent Act, 1860.)

Orderjxing amount .for which tfie Oflcial Assignee sltall be a Jwdgnzent C~eddor of

the Insohent.

Court o j Tnsolvency, 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.

This Court dnth order that the above-named insolvent stand indebted to

, Esquire, the Official Assignee, in the sum of . [If any

other sum is substituted, add in lieu of the aum of	heretofore
ordered.]

(The Jnsolvont Act, 1860.)

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.

Upon reading the proceedingri in the above matter, and upon hearing [the evidence

n=w adduced, if the rase be so, and] what was alleged by

and being satisfied that the petitioning creditors' debt and the act of insolvency [or specify the particular matter deemed insufficie~t, as the case may require] upon which

the

4 the adjudication of ineolvency made against the said on

the day of, was grounded, were and are [or was and is] insufficient to support such adjudication, and no other debt or act of insohency [or specify the particular matter requisite in lieu of that deemed insufficient, as the case may require] sufficient to support such adjudication being proved, I do order that the adjudication

of insolvency, made against the said , on the said

day of , be reversed, and the same is hereby reversed accordingly.

A. B., Commissioner.

(The Insolvent Act, 1860.)

Warrant to discharge Imprisoned De6tor.

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 the said having this day of

18 been adjudged insolvent, these are to will, require, and authorize you to discharge the said out of your custody, at the suit of whomsoever he may be detained by you for deht, and for sa doing this shall be your sufficient warrant.

A. B., Commissioner. (L.s.)

(The Insolvent Act, 1860.)

W a r r a d to Zudge InsoZvent in Gaol.

Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, tbe

day of in the year of our Lord 18 .

In the matter of , an insolvent.

Whereas, by virtue of an order of this Court, bearing date the day of

18 the above-named insolvent stands indebted to

and him safely convey to Her Majesty's Ga.01, at Adelaide, and him then deliver to the Kee er of the said Gaol, together with this precept; and the Keeper of the said

Esquire, thc Official Assignee of the insolvent's estate, in the sum of the receipt hereof, to take into your cust~dy the body of the said

custody, and him safely keep and detain until this Court shall make order to the	Gao f is hereby required and authorized to receive the said into his
contrary.

A. B., Commissioner. (L.s.)

To the Messenger of this Court, or to his Assistant,

and to the Keeper of Her Majesty's Gaol at

Adelaide, and his Deputy there.

P

(The	fmolvcnt Act, 1860.)
Order for Bail.

Court of Insolvency, at the Local Court ~ o u s e, Victoria-square, Adelaide the

day of , in the year of our Lord 18 .

In the matter of , an insolvent.

I order that the above-named insolvent shall be discharged out of custody on his

finding sufficient eurety or sureties to enter into a recognizance to the Official Assignee in the sum of Pounds for the personal appearance of

the said	in this Court when lawfully required until he shall have
passed his last examination.

'A. B., Commissioner.

D3 c&

(The Ineolvent Act, 1860.) Q

Recognizance.

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.

Appeared personally this day 9 of , and

of and severally acknowledged that they owed to

Esquire, the Official Assignee the sum of	pounds,
sterling.

The condition of the above recognizance is such that, if the above-named

shall personally appear in this Court, in the matter of his insolvency, when lawfully required, until he shsll have passud his last examination, the above recognizance shall be void, otherwise shall remain in full force and effect.

l [IF there is only one surety, or more than two, alter the form accordingly.]

(The Insolvmt Act, 1860.)	R
Form of	Protection.

In the Court of In the matter of

The above-named insolvent, hrLving duly surrcndered and conformed, is hereby Insolvency. 1 insolvent.

protected from arrest for debt till the day of

next.	Dated this	day of	in the year of our Lord, 18.
A.B., Commissioner. (L.s.)

r lf protection enlarged, cdd]

Enlarged to the day of . next. Dated this

day of 18 ..

A B. , Commissioner; (L.s.)

(The Insolvent Act, 1860.) S

Xearch Warrant.

Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the

day of , in the year of our Lord 18 .

' Whereas, by evidence duly taken upon oath, it hath been made to appear to the

satisfaction of me, the undersigned, Commi~sioner of the Court of Insolvency, acting

in the prosc;cution of a petition for adjudication of insolvency, filed and now in prose-

cution against of , in the Province of South Australia, bearing

date the day of , and under which the said

hath been adjudged insolvent, and there is reason to sus ect and believe t;hst property	of the said ia concealed in the house for other place, describing it,
as the case may be] of one of , in the said Province, such house
not belonging to the said insolvent; these are, therefore. by virtue of The Insolvent Act, 1860," to authorize and require you with necessary and proper assistants, to enter, in the day-time, into the house [or other place, dcscribing it, as the case may be] of the said situate at aforesaid, and there diligently to search for the said property; and if any property of the said insolvent shdl be there found by you on such search, that you seiae the same to be disposed of and dealt with according to the provisions of the said Act. Given under my hand and the seal of
the Court, the day and year above written.

A.B., Commissioner, (L.s.)

TG

Messenger of the said Court, and his assistants.

[If there be reason to sus ect that the insolvent and his property are concealed, alter the warrant accordingly.j

T

f i rm of Dectaration to be made key the Insolvent or the Insolvenl's W;fe.

Court of Znsolrency, a t the Local Court House, Victoria-square, Adelaide, the

day of , in the year of our Lord, 18 .

In the matter of , an insolvent.

1, the person declared an insolvent, under a petition for

adjudication of insolvcncy, filed on the day of 18 , [or, 1,

, the wife of declared an inmlvent, under a petition

solemnly promise and declare that I will make true answer to all such questions as	for adjudication of insolvency, filed on the day of 1 do
may be proposed to me rcspccting all the property of thc said, and all dealings and transactions relating thereto, and will make a full and true disclosure of all that has been done with the said property, to the best of my knowledge, infor- mation, and belief.

Signed A,R. [or, C.D., the wife of the said A.B.]

[If the declaration is to be made by a debtor, or his wife, g i ~ e the date of the

deed, and names of trustees, and otherwise alter the form.]

U

(The Insolvent Act, 1860.)

Admission gf Debt by C~eclitor of Izsolvmt.

Court of Insolvency, at the Local Court; House, Victoria-square. Adelaide, the

day of , in the ycar of our Lord 18 .

I n the matter of , an insolvent.

I the undersigned, of do hereby, in open Court, confese

that I am indebted to the above-narncd involvcnt in the sum of	upon
the balance af accounts Setween myself and the said insolvent.

Witncss

(The Insolvent Act, 1860.)

Order for payment of debt admitted irt Cozc~.t to Be due to the estate o f an of solvent.

Court of Insolvency, at the Local Court House, Victoria-square, Adelaide, the

day of , in the year of our Lord, 18 .

Whereas 9 of , in his examination taken

this day, and signed and subscribed by the said	has admitted
that he is indebted to thc abore-named insolvent in the sum of
upon the balance of accounts between the said	and the said

insolvent, i t is hereby ordered that the said do pay to the Official Assignee of the estate and effects of the said insolvent, in full discharge of the sum so admitted, the sum of forthwith [or, if otherwise, state the time and manner of payment], and that the saiE

do also pay to the said Official Assignee the sum of , for

the costs of, and incident to, the summons of the said	in
this behalf.

:A.B., Commi~sioner.

[If the Court shall not adjudge the costs of, and incident to, the summon8 -to be

paid by the person summoned, or if the Court shall adjudge the Official Assignee to pay to the person summoned his bciew out of the estate and effects c;f the itsolvent, alter the form accordingly.]

W

(The Imolvent Act, 1860.)

Order for imprisonment on last esamination.

Conrt of Insolvency, at the Local Coprt House, Victoria-square, Adelaide, the

day of , in the year of our Lord l 8 .

I n the matter of , an insolvent.

Whereas the assignees of the estate

and effects of the said are judgment creditors of the said

for the sum of , and whereas i t has been proved to the

satisfaction"of the Court that the above-named [here state the offence or offences found to have been committed], this Court doth adjudge that the said be imprisoned in fIer Majesty's Ctaol, at Adelaide,

at the suit of the said assignees, for the term of	unless he shall
sooner satisfy the said debt.

[The 1nsoJ:vent Act, 1860.)

First-class CertzjCcate.

Court of Insolvency, &t the Laral 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 sdjudication of insolvency, bearing date the day

of , in the year d' our Lord 18 , W& filed against [or by, as the case

may be?, the above-named , under which the said +

was du y adjudged insolvent, and the said having finished

his last examination, this Court doth find that the said has made a f d l disclosure of his estate and effects, and conforrncd to Lhe Law of Insolvency, and has entirely conductcd himself to the satisfaction of the Court, and that his in- solvency has ariscn from unavoidable losses and misfortunes: And this Court doth award to such insolvent a certificate of the first class, according to the provisions of

" The Insolvent Acl, 1860."

A. B., Commissioner. [L.II.]

(The Insolvent Act, 1860.)

Second-class Cert$cate.

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 , lirr insolvept.

Whereas a petition for adjudication of insolvency, bearing date the

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. h d that the said has madc a ful diselosure of his effects, and has [if the imolvent has not conducted himself entirely to 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 the particular grounds], and this Court doth award to such

insolvent a certificate of the second class, according to the provisions of The Insolvent

Act, 1860." [lf this certificate is to be suspended, add and this Court,cloth direct that

this certificate be suspended until the day of IS .l

A. B,, Commissioner. L ~ s. 1

z

(The Tnsolvent Act, 1860.) z

Thi~d-c lass CertiJicute.

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 the

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 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 the third class, according to the provisions of "The Insolvent Act, 1860.''

A. B., Commissioner. [L.s.]

A n

(The Insolvcut Act, 1860.)

Ce~tijiccctc of Szcnt for which Assignees to 6e Judgment Creditors.

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.

This Court doth. certify that , assignees of the estate and

effects of the above-named insolvent, arc judgment creditors of the said insolvent, as silcll assignees, for the sum of, in trust for thc creditors of the said insolvent.

A. B., Commissioner. [L.s.:

Ab

(The Insolvent Act, 1860.)

Court of Insolvency-

I n the matter of

Appeared personally of and of

and scvcrally acknowledged that they owed to Esquire, the

Offtcial Assigncc of this Court, the sum of pounds sterling.

Dated this day of 18 .

Whereas thc above-named has applied for an order

protecting his person from all process.

Now the condition of the abovc rccognizancc is such that if the said

shall personally appcar before this Court during the currency of the said protedtion or any enlargement thereof. when lawfully required, the above recognizance shall be

void, otherwise shall remain in full force and effect. n

Ac

(Thc Insolvent Act, 1860.)

Court of Insolvency-

In the matter of

The above-named having procured sureties, is hereby protected

from arrest till the day of

Dated this day of 18

A. B., Commis,' loner.

[If protection enlarged, add] Enlarged till the day of next,

Dated this day of 18

A. B., Commissioner.

E 3 Ad

Ad

(The Insolvent Act, 1860.)

A9muZling adjudicatiosa.

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 mid insolvent who have proved their debts. or claimed under the insolvency of the said insolvent, have agreed to accept an offer of composition made by the said&~olvent, ar his friends: And whereas such nccrp tance has been testified to the said Court by writing under the hands of such creditcir~

[if any money is to be paid into Court add, and thz said insolvent has, by the direction of the said Court, paid into Court the sum of This Court doth annul the adjudication of insolvency and supersede the fiat [or dismiss the petition) for adjudication.

A. B., Commissioner. (LB. )

Ae

(The Insdvent Act, 1860.)

Certtj%ate of annulling i~tsolvency with ooiase)lt Oyf. Crediiom.

Court of Insolvency, at the Local Court House, Victoria-square, Adelttide, the

day of , in the year of our Lord 18 ,

Whereas a petition for adjudication of insolvency, bearing date the

day of , 18 , was filcd against [or by, as thc case may be1 the above-

named under which tSc yaid was duly adjud,oecl insolvent: And

whereas the creditors of the raid , having teetified to the Court their accep.

tance of a certain compo~~tion,	this Court did this day annul the adjudication of
insolvency against the saicl

Now I hereby certify the sevcral matters aforesaid undcr m y hand ancl the seal of

tlle said Court.

A. B., Cotnmissiuner. (r,.s.)