The Insolvency Act 1882 (SA)

.~NNNO QUADRAGESIMO QUINTO ET QUADliAGESIMO

SEXTO

No. 276.

An Act to amend thc Law of Insolvency.

[Assented to, N o v e d w r ?th, 1882.1

HEREAS it is expedient to amend the law relating to Insol- Preamble.

vency-Be it therefore Enacted by the Governor of the

Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of the said province,

in the present Parliament assemblcd, as fbllows:

1. This Act may be cited for a11 purposes as The Insolvency Short titlc of ~ c t

Act, 1882," ant! shall be incorporated and read together with " l'l&

Insolvent Act, 1860," and all other enactments now in force and relating to Insolvency Law.

2. The Commissioner of the Court of Insolvency may at any Commisaionerc3f

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imc, and on such terms as he may think fit, order that any insol- Court of Insolvency

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aoved to the Court of Insolvency; and upon such order being made to Court of Court of Insolvency	wncy proceedings in any Local Court of Insolvency shall be re- inga &m any Local
the whole of the proceedings in the matter referred to, together with v e n c ~ -
a copy of such order, shall be forthwith trarlsmitted to the said
Court of Insolvency, in pursuance of such order, and thc same shall
become iecords of the Court whereto the same shall be removed.

3. From and after the making of any such order, or of any Aftersuchrcmovalal~ powers to be vested in

order made under section 7, Act No. 195 of 1 580, all functions, collrt to .;biab

powers, and authorities vested in the Court of Insolvency, or the ceedings removed, and all funds to be pitid

Local Court of Insolvency, as the case may be, shdl become vested &yiTer,

in the Court to which such proceedings shall be ordered to be

removed, and all funds in the hands of the official Receiver, or any trustee or other officer of such Court, shall be forthwith transferred

and paid over to the Official Receiver of the Court to which such

Proceedings shall be removed, subject to all just allowances.

4. In

45" & 46" VICTORIA2, No. 276.

The Insolvency Act.-1882.

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Court may dispense	4.	In any case in which, at the first public sitting undcr the 111~~1-
with schedule as re-
and notice under sec-

quired by section 9,	vency, it shall appear that the insolvent has not filed the schedule
tion 10 of In~olvellcy	as required by section 9 of the Insolvel~cp Act, 1881, or that the

A C ~, 1881. notice has not been give11 as required by section 10 of the said last. recited Act, it shall be lawful for the Court, if it shall think fit, to dispense with the said filing of the said schedulc end the giving of the said notice, and dlow the said insolvency to proceed in the same manner as such insolvency would have procccdcd if such schedule had been filed and such notice duly given.

R e w d of part of WC-	5. So much of	section G of the said Insolvency i4ct, 1881, as 1)ro-
tion 6 of Insolvency

act, 1881, .. refors to vides that execution issued against n debto~ in any legal proccss for

returmmh	eXecU- the purpose of obtaining payment of a, judpmcn t against him, if rot
tions.

less than Twenty Pounds, has bcen lev id by seizure or sale of his goods, s'hall be read as if the words " srizurc mc1 sale " hacl bwn inserted in lieu of' the words " seizure or sale."

Ame&a section 92

of Insolvent Act, 1860, 6. Section NO. 98 of the insolvent Act, ISGO, shall not apply to

a bfil of sale.	or affect any duly registered bill of sale, the conhitkratiou fur n 1;ioh
the timc of the execution thercof', nor m y bill ol salc duly recistcred r! shall haw been an advance or loau made, or amreed to he m;rdc, a t

r <J

not less than ninety days before the datr of tlir act of insohoncy on

which the insolvency petition aga.iust the grantor of the bill of sale

shall be founded, nor allall the goods or chat,tels comprised in any

such bill of sale s s aforesaid in force at the t h e of the inso11 cncy of

the grantor be dccmed to be in his possession, oldw. or dihposition. '

Repeal of sub-section	7. Sub section 8 of	section 11 of the Insolvency Act; 1881, is	,
8 of section 11 of

Insolvency Act, 1881. hereby repealed.

Order of Council

made under Insol- 8. Every order of the Court made under section 11, sub-section

vency Act, 1881,	1, of thc hsolvency Act, 1881, shall operate as an a n n ~ h e n t	of
shall annul adjudica-

tion of insolvency.	the adjudication of insolvency and dismissal of the petition fol adjudication; and such order s l d l operate to all intci ts and pm poses as if the same were a certificate of thc first class, and s h l l '	conclusive evidcnce of the proceedings in insolvency and the consca.
of the requisite creditors: Provided always that if the insoln
makes default in payment of any sum due by him in pursuance
a composition or scheme under the said section, the ~ & r t may, . A
its discretion, on application bv the person to whom the sun1 is the, order that thc insolvency be rivived, and thereupon the insolvency, so far as the insolvent and any estate remaining vestrd in him and undisyosed of at the timc of such order of revivor is concerned, shall
be revived and continue as if the composition or schcrne had not bcen approved.
Insolvent to be

released from all lia- 9. All debts and liabilities, present or future, liquidated or un-

b z t ~ &sing out of

contract, whether liquidated, certain or contingent, to which an insolvent shdl be

liquidated or unliquid subject at the date of his adjudication, or to which hc may become

dated. subject by reason of any obliption incnrred previously to the &ate

of the adjudication, shall be deemed to be debts 01. demands provable

under his insolvency: Provided that nothing heiein contained shall apply to demands in the nature of unliquiclatcil damages arising otherwise than by reason of a contract or promise. 10. An

45" & 46" VICTORIW, No. 276.

The Insolvency Act.-1882.

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for the time being in force, so far as the same may bc applicable, by t r u e h. 10. An estimate shall be made, according to the Rules of Court E h a t s q &C., made

and where they are not applicable, then a t the discretion of the trustee, or, if there shall be no trustee, at the discretion of the Official Receiver, of the value of any debt or liability provable as aforesaid, and which, by reason of its being subject to any con-

tingency or contingencies, ox for any other reason, does not bear a

cextain value.

11. Any person aggrieved by any estimate made by the trustee Persons aggrieved by any estimate may

or Receiver as aforesaid may'appeallto the Court, and the Court may, ,ppai to Court.

if i t think the value of the debt or liability incapable of being fairly

estimated, make an order to that effect, and upon such order being

made such debt or liability shall, for the purposes of this Act, be

deemed to be a debt not provable under this Act; but if the Court

think that the value of the debt or liability is capable of being

fairly estimated, i t may direct such value to be assessed, with the

consent of all the parties interested, before the Court itself without

the intervention of a jury, or if such parties do not consent, then

by a jury, either before the Court itself or some other competent Court, and may give all necessary directions for such purpose, and the amount of such value when assessed shall be provable as a debt under the Insolvency Act.

12. Liability shall, for the purposes of this Act, include any Definitionof liability.

compensation for work or labor done, any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, contract, agreement, or under- taking, whether such breach does or does not occur, or is or is not

,	likely to occur, or capable of occurring, before the certificate is
:	awarded to the insolvent; and generally it shall include any express or implied engagement, agreement, or uudertaking to pay, or
' capable of resulting in the payment of, money or money's worth,

' t whether such payments be as respects amounts fixed or unliquidated and payable in one sum or by instalments, or periodical payments as respects time, present or future, certain or dependent, on any one contingency, or on two or more contingencies, as to mode of valua- tion capable of being ascertained by fixed rules or assessable only by

t

1 a jury or as matter of opinion.

1 13. Sections 9, 10, 11, and 12 of this Act shall apply to deed of A ~ p k t i o n o f c l a w ~ s

assignment under the provisions of Division vr. of the Insolvent of Act to Act of 1860.

Act, 1860.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

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