Insolvency Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADRAGESIMO

OCTAVO

VICTORIA3 REGINB.

No. 326.

An Act to amend the law relating to Deeds of Assignment.

[Assented to, November @h, 1884.1

AS it is desirable to amend the law relating to deeds of Preamble.

W "" of South Australia, with the advice and consent of the Legislative assignment-Be it enacted by the Governor of the Province

Council and House of Asscrnbly of the said province, in this present

Parliament assembled, as follows:

1, Except so far as inconsistent therewith this Act shall be incor- Incorporation with

porated and read ss one with the " Insolvent Act, 1860," and all Acts the Insolvent Acts.

amending thc same, and the Act No. B95 of 1880, intituled C C An Act to extend the Jurisdiction of Local Courts," hereinafter

And, subject to the power of removal contrtined in section 7 of the

referred to as '' the Illsolvent A.cts."

2. A copy of the notice of every deed purporting to be made and L ~ l C o u r b o f Insol-

vency to have juris.

executed pursuant to Division VI. of the " Insolvent Act, 1860," diction in respect of

required to be given pu~suant to section 172 of the said Act, shall a s s i ~ e n t s -

be given to the propcr officer of that Court of Insolvency, whether

a Local Court or not, which shall be-

(a,) Nearest to the place at which was held the meeting of credi-

tors required by the "Insolvency Act, 1881," to be held prior to the execution of such deed: or (at the option of the trustee)

(6) Nearest to the residence or principal place of business of the

debtor making the deed:

47' & 48" VICTORIE, No. 326.

Insolvenc~ Act Amendment Act.-1884.

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the Act, No. 195, of 1880 all jurisdiction and proceedings under

the Insolvent Acts or otherwise concerning such deed and the

trustees thereunder and the debtor, his creditors and estate, shall be had, exercised, and taken by and in the Court to the officer of

which such copy notice shall have been given in pursuance of this

Act.

Power to make rules

and orders,	3, The powers of making rules and orders conferred by the Insolvent Acts shall extend to the making of rules and orders for regulating the practice of Local Courts of Insolvency, and the forms of proceedings and notices, and generally for the better carrying out of this Act: 'Provided that, until such rules and orders shall be
in operation, the existing rules and orders of the Court of Insolvency,
so far as they may be applicable, shall be binding and operative.
Act retrospective,

saving past decisions 4, No deed purporting to be made and executed pursuant to

Division VI. of the " Insolvent Act, 1960," before the passing of this

,apenh, cmes.

Act, shall be deemed or declared fraudulent, void, or of no effect, or an act of insolvency, by reason only that any notice or proceedings in relation thereto shall not have been given to the proper officer or taken in the proper Court, if such notice shall have been given to any officer of any Local Court of Insolvency, or such proceedings shall have been takcn in any Local Court of Insolvency: Provided that this Act shall not extend to validate any deed which has heretofore been declared void or invalid by any Court of competent jurisdiction, or in respect of the validity of which proceedings are now pending.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

QTILLIAM C. P. ROBINSON, Governor.

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Adelaide : By authority, E. SYTLLER, Government Printer, North-terrace.