The Insolvent Act 1886 (SA)

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ANNO QUADRAGESIMO NON0 ET QUXNQUAGESIMO

A.

D. 1886.

No. 385.

An Act to amend and consolidate the Laws relating to

Insolvent Debtors.

[Assented to, N o v e ~ ~ b e r

r 7thlz,

1886.1

HEREAS i t is expedient to amend and consolidate the laws Preamble.

W

relating to insolvent debtors, and providing for arrangements

by debtors with their creditors without insolvency-Be it therefore Enacted by the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in the present Parliament assembled, us follows:

PART

r.

PART I.

-

PRELIMINARY.

A-385.

1, This Act may be cited for all purposes as '' The Insolvent Short title.

Act, 1886."

2, This Act is divided into thirteen parts, as follows:-

Division of Act.

PART

I.-Sections 1 to l0 : Preliminary:

PART 11.-Sections

11 to 56: Corirts of Insolvency and Appeals

to the Supreme Court:

PART 111.-Sections

57 to 69: Acts of Lnsolvency:

PART rv.-Sections

70 to 121 : Adjudication of Insolvency and

Proceedings thereunder:

PART v.-Sections

122 to 155: Trustees:

PART vr.-Sections

156 to 170 : Property arid Transactions affected

by Insolvency:

I'BW

49' & 50' VICTORIA?, No. 385.

--

The

Irtsolvent

A c t. 1 8 8 6.

L

PABT

I.

PART VII.--Sections

171 to 194: Insolvents' Examinations and

Certificates:

PART

VIII.-Sections 195

to 233 : Administration of Estates:

PART IX.-Seetions

234 to 241 : Compositions after Insolvency:

PART X.-Sections

242 to 261: Offences:

PART XI.-Sections

262 to 298: Compositions and Assignments

without Insolvency:

PART XII,--Sections

299 to 3 10: Evidence:

PART

x111.-Sections

3 11 to 320 : Miscellaneous.

Commencement of

Act.

3. This Act shall come into operation on a day to be fixed by the Governor by Proclamation to be published in the Government Gazette.

Interprotation.

4. In this Act, and the rules in the Second Schedule hereto, the

following terms have the meanings hereinafter respectively assigned to them, if not inconsistent with the context, or subject matter, that

is to say-

" Accountant " means the Accountant of the Court of Insolvency, and includes the Clcrk of any Local Court hereby continued, or hereafter proclaimed as a Local Court of Insolvency, when acting as Accountant:

Bill of sale " means and includes bills of sale, assignments, transfers, declarations of trust without transfer, and other assurance6 of personal chattels; and also powers of attorney, authorities or licenccs to take possession of personal chattels as security for any debt, but sh~ l l not include the following documents, that is to say :-Assignments for the benefit of the creditors of the person making or giving the same, marriage settlements, transfers or assignments of any ship or vessel, or any share thereof, transfers of goods in the ordinary

course of business of any trade or calling, bills of sale on

goods in foreign parts or at sea, bills of lading, warchouse- keepers' certificates, warrants or orders for the dclivery of goods or any other…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.