The Insolvent Act 1886 (SA)

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 documents used in the ordinary coursc of busincss as proof of thc possession or control of goods or authorising or purporting to au thorisc, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.

Court of Insolvency- " nieans the Court of Insolvency hereby continued:

'' Commissioner of Insolvency " means the Commissioner of the

Court of Insolvency:

U Court " means the Court of Insolvency, or the Local Court of

Insolvency, having jurisdiction in the matter referred to:

49" 50' VICTORIAE, No. 385.

/

The InsoEvent Act.-1886.

;* Commissioner " means the Commissioner of the Court, and in- cludes the Special Magistrate of any Local Court hereby continued, or hereafter proclaimed as a Local Court of Tnsol- vency, when acting as a Commissioner of Insolvency:

Extraordinary resolution " means a resolution carried by seven- eighths in value and three-fourths in number of the creditors present personally, by attorney, or by proxy, at a meeting of creditors and voting on the resolution; every creditor for under Five Pounds being reckoncd in value only:

'C

Insolvency petition " means a petition for adjndication of insolvency:

Liability" includes any compensation for work or labor done, any obligation or possibility of an obligation to pay money or money's worth pursuant to or on the breach of any express or implied covenant, contract, agreement, or under- taking, whether such breach does or does not occur, o r is or is not likely to occur or capable of occurring before the certificate is awarded to the insolvent; and generally in- cludes any express or implied covenant, contract, agreement, engagement, or undertaking to pay, or capable of resulting in the payment of money, or moncy's worth, whether such payment be as respects amount 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 two or more contingencies, as to mode of valuation capable of being ascertained by fixed rules or assessable only as matter of opinion:

-' Messenger" means the Messenger of the Court of Insolvency, and includes the Bailiff of any Local Court hereby continued, or hereafter proclaimed as a Local Court of Insolvency, when acting as Messenger:

"Official Receiver" means the Official Receiver of the Court of Insolvencv, and includes the Clerk of any Local Court hereby contirked or hereafter proclaimed as a ~ o c a l Court of Insolvency when acting as an Official Receiver:

" Prescribed form" means in the appropriate form given in the First Schedule hereto, or prescribed by rule or a form to the like effect, or as near thereto as circumstances will permit:

"Property" includes money, goods, things in action, land, and every description of property, whether real or personal, and whether situate in South Australia or elsewhere; also, obligations, easements, and every description of cstate, interest, and profit, present or future, vested or contingent, arising out of or incident to property, as above defined:

" Provable debt " means any debt or liability by this Act made provable in insolvency:

C L Registrar "

49' & 50' VICTORIAX, No. 385.

The Jnsolvent A c t. 1886.

PART r. Registrar " means the Registrar of the Court of Insolvency, and includes the Clerk of any Local Court hereby continued, or hereafter proclaimed as a Local Court of Insolvency, when acting as a Registrar:

"Rule" means a rule contained in the Second Schedule to this Act, or made under the authority of this Act:

Special resolution" means a resolution carried by three-f ourths in value and one-half in number of the creditors present personally, by attorney or by proxy, at a meeting of creditors and voting on thc resolution, every creditor for under Five Pounds being reckoned in value only:

Trustce," except in Part XI., means and includes the trustee or trustees for the time being of any insolvent estate, and in- cludes thc Official Receiver and the Clerk of a Local Court hereby continued or hereafter proclairued a Local Court of Insolvency, when acting as an Official Beceiver. In Part

xr. '' trustee" means the trustee or trustees of any deed

made in pursuance of Part XI.:

Repeal of Acte. 5. The following Acts shall be repealed from and after the com- mencement of this Act, namely-

No. 11 of 1865-6, intituled " An Act to enable any Commissioner of the Court of Insolvency, although not named in a j a t, to prosecute the same and to exercise and carry into effect the powers and authorities thereof ":

The Insolvent Act, lb6O ":

The Insolvent Amendment Act, l867 ":

Insolvent Further Anlendmen t Act, 1870 ":

No. 44 of 1876, intituled "An Act to further amend 'The Insol- vent Act, 1860'":

No, 54 of 1876, intituled "An Act to amend the cIn~olvent Further Amendment Act, 1870 ' ":

Part 11. of No. 195 of 1880, intituled '%n Act to extend the

Jurisdiction of Local Courts."

Insolvency Act, l88 1 ":

The Insolvency Act, 1882 ":

No. 326 of 1884, intituled '' An Act to amend the Law relating to Deeds of Assignment ":

Ssving cIause. Provided that this repeal shall not affect anything done or suffered before thc commencement of this Act, or anv right or title accrued, or obligation or liability incurred, or duty br restriction imposed, before the commencement of this Act, by or under anv such repealed Act, nor shall this repeal, except as hereinafter piovided, interfere with the prosecution or affect the course of any legal

proceedings

The Insolvent A c t. 1 8 8 6.

PART 1.

*roceedings pending in insolvency, o r otherwise under any such repealed Act, before the commencement of this Act, but, subject

to the provisions i n this Act, such proceedings shall be prosecuted,

heard, adjudicated, determined, and carried out under the said Acts

as if this Act had not been passed; nor shall this repeal interfere

with the institution or prosecution of any proceeding in respect

of any offence committed against, or any penalty or forfeiture

incurred under any of the said Acts hereby repealed prior to the

commencement of this Act.

6. The Court of Insolvency and the several Local Courts of Cou* Ins0lven"*

Insolvency continued by this Act shall, in reference to all matters

in the present Court of Insolvency and the present Local

Courts of Insolvency respectively, at or before the commencement of

this Act, respectively have and exercise all the powers of the

present Court of Insolvency and Local Courts of Insolvency respec-

tively, and the Commissioners thereof respectively, and such matters

shall be continued and completed in the Court of Insolvency and

the Local Courts of Insolvency respectively continued by this Act.

7, Every act of insolvency, petitioning creditor's debt, or other Mattera whichwould

matter or thing committed or incurred before the commencement of have authorised proceedings under

this Act, and which would have authorised proceedings under any wealed Act ~ ~ ~ c i e d

Act hereby iqxaled, shall, after the commencement of this Act, Fe under this Act,

sufficient to authorise proceedings under this Act, which proceedings shall be instituted, conducted, and brought to a conclusion under the provisions of this Act.

8, All matters pending in the Court of Insolvency or any Local Matters pending ifi preaent Uourta to be

Court of Insolvency at the commencement of this Act under the , . a ; , g , ,

provisions of any Act hereby repealed, and all matters required to hereby continued. be done to wind up estates of persons previously adjudicated insolvent, or to carry out, fulfil, and complete anything required, permitted, or directed to be done under the provisions of such Act, shall be heard,	adjudicated, carried out, and completed as in such Act provided	in the Court of Insolvency or proper Local Court of Insolvency, as
the case may be.

9. Where in any Act or Ordinance, or in any Imperial Statute Meaning of .4 fiat 'D

having the force of law in the said province, or in any instrument and " adjudication."

made before the comniencement of this Act, mention is or may be made of any fiat or adjudication of or in insolvency, the words in reference to "fiat" or "adjudication" shall be construed to extend

to; and include, an adjudic&on of insolvency under this Act.

10. No corporation or body corporate shall be adjudicated in- Corporation or body

solvent or make any composition or deed of assignment under this corporate.

Act.

PART

49' & 50" VICTORIE, No. 385

The insolvent A c t. 1 8 8 6.

7

PAX? 11. PART 11,

COURTS OF INSOLVENCY AND APPEALS TO THE

SUPREME COURT.

COu*@"nsO1vency

continued. 11. The Court of Insolvency, under The Insolvent Act, 1860,"

and the Acts amending the same, shall continue to be thc Court of Insolvency under &is Act, and all its judgments and records shall be judgments and rccords,uf the Court of Insolvency. Sudl Court shall be presidtd over by a Commissioner, who shall hold his office during good behaviour, or by a Judge of the Supreme Court: Provided that it shall be lawful for the Governor, upon the address of both Houses of Parliament, to remove such Commissioner, The present Commissioner shall be the first Commissione~, and every vacancy in the office of Commissioner shall be supplied by the Governor by Proclamation in the Govewzment Gazette,

Judge may act as 12, Any Judge of the Supreme Court may act as Commissioner

Commissioner.	of Insolvency, either concurrently with the Commissioner of Insol- vency or 'otherwise, and while so acting shall have and may exercise all the powers of the Court of Insolvency and Commissioner thereof.
Gi.overnor may

appoint and remove 13. The Governor may from time to time appoint and remove

ac60g comm~oner.	an Acting Commissioner of Insolvency, who, while holding office,
shall have and may exercise all thc powcrs of the Court of -
Insolvency and ~omkissioner thereof.
Officer not to practice

as solicitor, &c. 14, NO Commissioner or other ministerial officer to be appointed

by virtue of this Act shall, during his continuance in such office,

practise as a barrister, attorney, solicitor, or proctor, but this pro-

hibition shall not extend to any Acting Commissioner.

Court to bo a Court

of Record. 15. The Court of Insolvency shall continue to be a Court of lam

and equity for thc purposes of this Act, and shall have a, seal for all records, documents, and proceedings, and all copies thereof

requiring sealing; and shall have and use all powers, rights,	incidents, and privileges of a Court of Record; and the said Court
shall have the power of fining in a suamary way, or of suspending or rcmoving any of the officers of the said Court (except the Official Receiver), who shall be guilty uf any negligence, wilful or unnecessary delay, or other misconduct whatsoever.

Court may make

rules. 16. The Court of Insolvency shall, from time to time, make

rules regulating the duties to be performed hy all officers of all Courts, and the practice of such Courts and the forms of pro- cecdinga and notices. and the days on which advertisements are to appear, where not provided for in this Act, and generally for better carrying this Act into effect. No such rules shall have any force until approved by the Chicf Justice of the Supreme Court, confirmed by the Governor, and published in the Govern-

ment Gazette.

49O & 50' VICTORIR, No. 385 7

Y

The Insolvent Act,-1886.

17, The rules in the Second Schedule hereto shall come into YART 11.

force immediately on this ,%ct coming into operation, and shall Rules.

,main in force until repealed or altered by rules to be made under

the last preceding section.

18. All proceedings and matters to be heard bv the Court of Placeofsittingsof

Insolvency shall be heard and determined at the I~solveacy Court court.

House, Victoria-square, Adelaide, or at such other place as the Governor shall appoint. The Comrnissionor of Insolvency may hear and determine out of Court all matters and things relating

to any debtor or insolvent, or his estate, or. the trustee under the

insolvency or assignment, or any proceeding or matter in insol- Power of	Commissioner.
vency or otherwise, in respect of which the Court his jurisdiction, except the hearing, rehearing, or public examination of such insolvent, and the awarding of a certificate to the insolvent, or the granting of a, oertificutc of the validity of a deed of assignment, and any dctcrmination of the Commissioner on any such matter or thing shall be deemed a dctmminntion of the Court of Insol- vency.

business daily throughout the year, Sundays, Christmas Dav, Good daily. 19. The offices of the Court shall be open for the dispatch of Otlices to be open

Friday, Monday and Tucstlay in Easter week, and days whi"ch may be duly gazetted as public holidays, exccptd; and the Court may

sit for the dispatch of business on any day except the days

aforesaid.

20. The Court of Insolvency shall have jurisdiction and control Jurisdictionof Court-

in all matters of insolvency, and -particularly shall have the juris-

dictions following :-

I. To hear and determine any matter in insolvency, so far ns the

trustee is concerned, relating to the disposition of the

insolvent's estate and effects, or of any estate or effects

the benefit of the creditors, or relating to m y acts donc or

taken under the insolvency, and claimed by the trustee for

sought to be clone by the trustce, by virtue of the

insolvency:

11. I n any mattcr of insolvency, as between the trustee and any

creditor or other p~rsonvappcaring	and submitting to the
j urisdiction of' the Court:

111. To grant, with or without suspension, or to refuse to any

insolvent, a certificate of the Court:

IV. To punish any insolvent as herein provided:

V. In any othcr matter, whether insolvency or not: where the

Court, by virtue of this Act, has jurisdiction over the subject of the application.

21. The Local Court of Port, Augustn, the Local Court of LocalCourtaof ~ l tone, In~o1vency ~ d continued. ~

49" & 50' VICTORIIE, No. 385

The Itasolvent Act.-1816. p. -- .. -- - A L - - - --

Gladstone, the Local Court of Mount Gambier, and the Local Court of Moonta, as established as Local Courts of Insolvency undcr the provisions of .Act 195 of 1880, intituletl. " An Act to extend the Jurisdiction of Local Courts," shall continue as such Local Courts of Insolvency.

Conutitution of now

Local Courts of Insol- 22, The Governor may, by Proclamation in the Government

venoy. Gazette, constitute any Local Court a Local Court of Insolvency, and may by like meaus disestablish any Local Court of Insolveucy whatever. Every Special Magistrate now or hereafter appointed shall be, and is hereby declared to be, a Special Magistrate of every Local Court of Insolvency.

Jurisdiction of Local

Courts of Ineolvency.

23, All jurisdictions, powers, and rights conferred by this Act on the Court of Insolvency are hereby vested in and shall be exercisable by every Local Court of Insolvcncy, subject to the like appeal to the Supreme Court as is hereinafter given from the Court of Insolvency; but po Local Court of Insolvency shall have power to make rules or order the removal to such Court of proceedings in any other Court of Insolvency.

Powers and duties of

officere of Local Court 24. The several powers, functions, duties, and immunities of the

of Insolvency. respective underrnentioncd officers of the Court of Insolvcncy shall be vested in and exercised, performed, a,nd enjoyed by the respective undermentioned corresponding ofiicers of every Local Court being a Local Court of Insolvency,

Officer of Court of Insolvency. Corresponding Officer of Local Court.

Commissioner	Special Magistrate
Official Receiver	Clerk
Accountar~t	Clerk
Registrar	Clerk
Messenger	Bailiff

Commissioner may	25.	The Insolvency jurisdiction hereby conferred on Local Courts
order proceedings to

be romoved.

of insolvency shall be concurrent with that of the Court of Insol- vency; and the Commissioner of Insolvency may, at his discretion, but having regard to the wishes of creditors, and after notice to the insolvent, who shall be entitled to be heard on the application, order that any proceedings in the Court of Insolvency be removed to any Local Court of Insolvency, and any Special Magistrate, guided by similar principles, may order that any proceedings in the Court over which he shall preside shall be removed to the Court of Insolvency or to any other Local Court of Insolvency. Upon such order being made, the whole of such proceedings, with a copy of such order, shall be transmitted accordingly, and, shall thereupon become records of the Court whereto the samc shall be removed. The Court may, on being satisfied that personal notice to the insolvent would be difficult or expensive, order notice to be given to him by advertisement, or in such other manner as t h ~

Court may think fit,

49@ & 50° VICTORIIE, No. 385.

PART 11.

26, The C~ornmissioner of Insolvency may, at his discretion,

I~aving regard to the wishes of creditors, order that a11y proceed- comdssionermay

ings in any Local Court of Insolvency shall be removed to the be rumoved pmmedings from to

Court of Insolvency; and upon. such order being made and notified Looai court to court

to the Local Court of Insolvency, the whole of such proceedings

lnsO1vency.

shall be forthwith transmitted to the Court of Insolvency, and shall

become records thereof.

27, From and after thc making of any order made under either After ~ e m o ~ a l Co~rt

to whlch proceedrngs

of the preceding sections, all functions, powers, and authorities removed shall have

vested in the Caul t of Insolvency, or the Local Court of Insolvency, j urisdiction over	matter.
as the case may be, in reference to the proceedings ordered to be removed, shall become vcsted in the Court to which such proceed- ings 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 trcznsftwed and paid over to the Official Receiver
of thc Court to which such proceedings shall be removcd, subject to
all just allowances.

28, Any practitioner of the Supreme Court, trustee, auctioneer, court may order

messenger, or bailiff who shall have in his possession or under his Supremo Court, practitioner of tbe

control a'ny goods or moneys belonging to the estate of any insolvent trustee, auctioneer,	messenger, or bailiff
may be summoned before the Commissioner, who may ordcr such
prnctitioncr of the Supreme Court, trustee, auctioneer, mcmenger, or bailiff to delivcr such goods to the twstee, or to pay such moneys into Court within a timk to be named in such order: Provided that nothing herein contained shall affect any lien which such practitioner, trustee, auctioneer, messenger, or bailiff' may have on such goods or money.

29. Any such practitioner, trustcc, auc tionecr, messenger, or bailiff If practitioner, tn~stee, auctioneer,

not obeying such order may be committed to gaol by the Commis- ,e,,enge,,ba~~

sioner, by warrant, until shall deliver such goods or pay such dieobey order, Cam- missioner may

moneys, and, in addition thereto, such order may, on the order of the puniak	Commissioner, be removed into the Supreme Court, and there filed of	record, and thereupon shall be deemed an order of the Supreme
Court, and further proceedings may be had thereupon accordingly.

30. Every Court of Insolvency Inay reverse, review, rescind: or Court may vary order.

vary any adjudication, judgment, or order made by it.

31, All proceedings in Insolvency shall, in the option of the person Court where proceed-

instituting the same, be instituted either in the Court of Insolvency ings to be instituted

or in the Local Court of Insolvency holding sittings nearest in a

direct line to the place, or one of the places, where the debtor or insolvent carries on business or resides at the time of the institution

of such proceedings.

32, If any insolvent, trustee, creditor, or debtor, or any Appeal to Supreme

person claiming to be a creditor, or any person who shall have court.

appeared

B-385.

49' 8r 50'	VICTORIA$ No. 385.
-

The Insolvent Act.--1 886.

PART appeared and submitted to the jurisdiction of any Court, or who shall be affected by any order. dettlrminatio~i, or direction of any such Court or of any Commissioner, shall be dissatisfied with any order, determination, or direction of such Court or Commissioner, in respect of a matter of fact or of law, or of the admission or rejection of evidence, the person so dissatisfied Inay appeal therefrom to the Supreme Court: Provided that, if no such appeal shall be entered within twenty-one dsys from the date of any such order. determination, or direction, and thereafter duly prosecuted, every such order, determination, or direction shall be final.

security for costs.	33, Every appeal shall be subject to such regulation, in rcgard to security for costs, as shall be directed by rule, and in default of such rule shall be subject to the clirection of the Supreme Court in each particular case.
'
Appenls conducted

acconiing to rules. 34. All such appeals s h d be brought on and conducted in con-

formity with the rules in that behalf contained in the Second

Schedule hereto.

Power of supreme 35, The Supreme Court, on the hearing of any such :tppea:

Court on appeal.	shall have power to rescind, vary, reverse?, or ror~fi~.m any order, determination, or direction appealed against, and shall have l)ower, to give such decision in the matter appealed horn as ought, 111 thc opinion of the Supreme Court, t o hate been given in the f i ~ s t
instance. The Supreme Court may adjourn any appeal fbr further consideration, and in the meantime refer any matter to the Court or Commissioner for amendment, or requil-c the Court or Commis- sioner to report 011 any matter, in respect of which the Supreme Court may rcquirc further information; or where the Slipreme Court shall be of opinion that it cbannat do complcte justice, i t may require the Court or Commissioner to re-hear the whole matter. The Supreme Court shall have power to order the costs of any appeal to he paid by either party, or part thereof by one party and part by another party, or to direct that the whole or some part thereof shall be ydid out of the estate of tlic insolvent in the
matter of whose insolvency the appeal has been brought.

NO appeal to 1,ocal 36, The decision of the Supreme Court, on the I-rearing of any

Court of Appeals.

appcal, shall be final and conclusive, and no appeal shall be allowed

therefrom to the Local Court of Appeals.

Court may remit

special case to 37. Any Court may remit any question of law, by way of special

Supreme Court. case, to the Supreme Court, which shall have the same powers as if the question had been brought bcfore it by wily of appeal; and the decision of the Suprerne Court, i ts c t h t i t d by the Master thereof. shall be filed in the Court wheuce such special -case shall have been remitted, and shall have the operation and effwt of' a decision or determination of such Court.

- 49' & 50' VICTORILE, No. 385.

I he Irsolve~rt A c t. 1 8 8 6.

- --- - - -- --p

r -

38, In any casc in which any Court shall, in consequence

of the oppos~tio~ of any creditor, or at the instance of any Costs in special cases.

creditor, remit any qucstion of law by way of special case to the Sopreme Court, there shall 'be stateh in such special case the rrame or names of the creditor or creditors at wLose instance, or in consequrricc of whose opposition, such special case has been remitted, and such creditor or creditors shall be deemed to be a party o r prties to, and shall conduct such special case beforc the Supreme Court, ancl the Supreme Court shall have the same power in respect to the costs of such sperial case as is provided in respect of appeals.

39, Any Court may refer any question or q~est~ions of fact Court may refer quections of fact for

in insolvency for trial in the Supreme. Court, and shall there-	trial in Supreme
upon direct a writ. of summous to ba issucd out of the Suprerrle	Court.
~ L o r t by it person to bc named by it as plaintiff against a p r i o n to be named by it as defendant, and sliall cause such question or questions to be stated for trial, and the same shall be tried in tlic manner pro~ided by the "Supreme Court Procedure Amendment Act," with reference to trials of questions of fact without formal pleadings. In casc the persons so named as plaintiff and defendant respectiwly shall riot agree upon thc question or qucstions of fact,
the same sllell be settled by thc Vorntrlissioner.

certified by the Associate or other proper officer of the Supreme certified to Court. 40. l'hr finding of the jury upon any such question shall be Findings of fact to be

Court to the Court referring the question, which shall make such order in the matter as it shall think fit.

41. There s l i d be an officer of the Court of Insolvency styled OfficialReceiver.

the Official Receiver: John Cherry, Esquire, shall be thc first

Official Receiver.

The duties of the Official Receiver shall be as follows- His duties.

I. To investigate and report to the Court u p m the accounts of Report on truatee7s

the trustee under every insolvency: accounte.

11. To act as sole trustee of every insolvent estate until a trustee hot as trustee.

shall be appointed, a.nd also whenever there shall for the

time being be no trustee:

111, To superintend, control, and manage the funds belonging to Manage funds in

C o u ~ ' t.

the insolvents' estates, and funds which shall come into virtue of this *\ct; and to keep proper books of account relating to such funds, arid to give such security, and be subject to such rules, and act in such manner as may, by the Commissioner, or by any rule, be from time to time directed:

lv. To recover and receive all personal estate and the rents and Recover imolventa'

profits of all real estate, and the proceeds of the sale of all estate.

the

l 2l 49° & 50' VICTORIW, No. 385. - -.

The Insolvent A c t. 1 8 8 6.

PABT rr. the real and personal estate of all insolvents, except where otherwise directed by the Court or provided by this Act, and to forthwith lodge in some incorporated bank h a ~ i n g a place of business in Adelaide, to his credit as Official Xeceiver, all stock in any public company and all moneys and public securities, and all bills, not&, and other negotiable instru- ments:

Publish account of

insolvent estates.	v. To publish in the Government Guxedte, on or before the first day of Illarch i n every year, an account made up to t,he thirty- first dny of December preceding, in the prescribed form, of all estates in insolvency that have during the year ending on such thirty-first day of 'December been in any way in or before the Court,
PubliahnoticaOf
deed.	VI. TO publish in the Government Gazette al: notices received by

him of any deed under Part XI, of this ,4ct :

Deliver up

books. VII. TO deliver up to the insolvent, or his personal representatives, with the consent of the Court, after ten years from adjudication, all books of accounts deposited with him, or to destroy, or otherwise dispose of them, as the said Court shall direct.

observance VIII. TO enforce the observance by trustees of deeds of assignment

of duties by trustees.

of sub-sections W., v., and vrr, of section 284.

Other duties.	rx. To perform all other duties imposed on him by this Act.
Protection to Official
Receiver.	42. No Official Receiver shall be personally responsible for any

act done by him, or by his order or authority, in the execution of his duty, by reason of the petitioning creditor's debt or act of ixlsol- vency upon which any adj~dicat~inn shall have been grounded, being insufficient to support such adjudication.

personally anewer- 43. No Official Receiver shall be personally answerable by reason	Official Rereiver not
able in certain case. of having received any money, bills, notes, or other negotiable

instruments under any insolvency in his character of Official	Receiver, where he shdl have paid or deposited such money, bills,	notes, or other negotiable instrumex&s during the prosecution of the
insolvency in some incorporated hank in Adelaide, to the credit of the Official Receiver, and shall have given credit for such pay- ment and deposit to the particular estate for which such money, bills, or other negotiable instrument,^ shall have been received, and after such payment or deposit shall not have dealt with such money, bills, notes, or o!her negotiable instruments otherwise than in the execution of his duty as Official Receiver.

If action brought a. If any action shall be brought against any Official Receiver

against Qfftcial	'Receiver, court may in respect of any case coming within either of the two preceding
net same aside. sections, the Court in which the same shall be brought, or a Judge or Special Magistrate thereof, may, upon the application of the Official Receiver, and upon an affidavit of facts, set aside the proceedings in such action, so far as the Official Receiver is con- cerned, with such costs, or without costs, as to the Court, J d g e,

or Special Magistrate shall seem meet. 45. On

49' & 50" VICTORIE, No. 385.

The Insohent A c t. 1 8 8 6.

- - -- -- S-

"--

45. 011 the death, resignation, or removal of any Official _ P * ~ T IX-

Receiver, the Official Receiver appointed in his stead shall, by powers of new official virtue of his appointment, be entitled to act in each insolvency, and Receiver.

appointlnent shall, in contern1 lation of law, have relation back

to the death, resignation, or removal of the previous Official

Receiver.

46. All rights vested in any Oficial lEeceiver shall vest in and Official Receiver for time being to exercise

rights of previous

be exercisable by the Official Receiver for the time being, and all being, in his own name, as fully and effectually as if the same had been recovered by or given to him.

judgments recovered by, and rccognizat~ces given to, ally Official VfficialReceiper.

47. During the temporary absence of the Official Rcceivcr from $ ~ ~ ~ ~ ~ ~ ' t ~ J '

illness, leave of absence, 01- other reasonable cause, the Commissioner Official Receiver.

may, by writiug under his hand and scal, noniiriate some person to act as Acting Official Receiver; and the person so nominated

shall, on giving such security as the Commissioner may direct, exercise, perform, and have all the powers, dutics, and immunities

of the Official Receiver.

48. There shall bc an officer of the Court of Illsolvency styled Registrar-

the Registrar: Ro'uert Blunt, Esquire, shall be the first Registrar.

'I'he duties of the Registrar shall be as follows :-

I. To act as clerk of the Court:

11. To keep the records of the Court:

rI I.	'I'o tax costs:
~ v.	To perform all such other duties as sliall be imposed on him by Rule or by order of the Commissioncr.

49. There shall be an officer of the Court of lnsolvencv styled

the Accountant. ' h e present Accountant of the Court shnli be the

first Accountant under this Act.

The dutics of thc Accountant shall be as follows:--

I. To investigate the books and accounts of the insolvent, to prepare thercfrom a schedule and balance-sheet of the insolvent's property: dealings, and transactions, as far as the said books and accounts afford materials for preparing the same; and to file such balance-sheet with the Registrar ten days, and such report with thc Registrar seven days at least Lefore the day appointed for the second sitting under the insolvency:

11. To report as to the keeping of accounts by the insolvent; whether the insolvent has rendered and given him all necessary assistance and information in his power; whether any books or papers appear to be missing, or to

have

49O & 50' VICTOKILE, No. 385.

-. . - - - -

-

The Insoluettt A c t. 1 8 8 6.

PART IT. .

-- have been falsified or destroyed; the (.ausc of the insol. vmcy; and whether any property appears unaccounted for:

111. l'o attend the Court at such sittings under the insolvency

as the Court may require,

Removal and

appointment of 50, The Governor may from time to time, as occasion may

Offlcid Receiver.

require, appoint an Official Receiver, Registrar, or Accountant, and from time to time remove ;;my Official Receiver, Hegistrar, or Ac- countant. Notice of such appointment or removal shall be given in the Government Gazette, and shall be conclusive evidence thereof.

Messenger.

51. There shall be a messenger or messengers of the Court of Insolvency, who shall be appointed by the Court, and shall give such seculity, and be subject to such rules, and act in such matters, as may by any rule or by the Commissioner be from time to time directed: Every messenger shall hold his oflicc during the pleasure of the Court, and shall be removable, if the Court shall see fit, upon the mere complaint of the Otficial Heceiver, of his misconduct or inefficiency, without any formal proot: Every messenger shall be entitled to receive such fees for any duties by him as are mentioned in the Fourth Schedule hereto, such fees to bc taxed and allowed by the Court or Registrar; and in case the estate of the insolvent is insufficient to pay such fees, they shall, upon the warrant in writing of the Commissioner, be paid out of "The Un- claimed Dividend Fund."

Court may authorise	messenger to act a8 ap- 52. The Court may, by order, in each particular case, with
praiser or auctioneer, the consent of the trustee (if any ), authorise any messenger or other person to act as appra-iser or auctioneer for the purpose of valuing or selling any goods of any insolvent.
Court map appoint
special messenger, 53, The Court may appoint a special messenger in any insolvency

to act instead of the meskenger of the Court in such matters as may	be referred to such special messenger, whenever. by reason of distance
or other cause, it shall not be deemed advisable that the messenger of
the Court shall act.

Summonses, &C.. may

be signed by Official 54. A l l summonses, orders, warrants, and other instruments,

ReceiverorRegistrsr. evidence, records, and proceedings may be signed by the Commis.

sioner, the Official Receiver or the Registrar, and shall be sealed

with the seal of the Court,

Fear. 55. 'l'he rscvcril fees and sums set forth in the Fifth Scheduk nereto shall be taken by the Ofiaial Rec:eivrr in respect of the ~usiness therein specified, and shall be paid by him to the Treasurer of the province in aid of the f nnds of the General Revenue, except the fee for the schedule and the charge for advertising. Iu all cases

* of appeal to the Supreme Court, that Court is hereby authorised to

receive and take such fees as it would have taken in the case of an

appeal from the decision of a Judge of such Court.

66. The

49" & 50' VICTORIA$ KO. 385. - " - P - - -

-

The lr?solvent A c t. 1886.

_ -

PAKT SE.

56. The salaries of the (:ommisfioner. and ministerial, and other

of the Court (excepting the ac'countant and mcsseng~rs),

stlall be in lien of all fees and emoluments whatsoever, and shall be

p id out of the Cieueral Revenue of' the said province.

salarie*

PART 111. PABT 1x1.

ACTS OF INSOLVENCY.

57. If any debtor shall depart the said province, or, being Departing the pro-

out of the said proviiice, shall remain absent therefrom. or shall ; ~ ~, o ~ ~, " ~ ~, " ~ -

depart fiom his dwelling-house, or otherwise absent h im4f, or absent.li~epinghouse,

begin to keep his house, or suffrr himself to be armstcd or taken in ~ ~ f ~ ~ ~ n ~ ~ ~ & & e n t

execution for any debt not due, or yield himself to prison, or suffer grant.

himself t o be olltlawed, or procurc hirnsclt' to be arrested or talwn in

execution, or his goods, money, or chattels to bc attached, seqlies-

tratcd. or taken in ( scacution; or make or cause to be mitclc, either

within the said province or elsewhere, any fraudulent grant or

conveyance of anp of his lands, tenements, goodq or chattels, or	make or cause to be made ally fraudulent gift, delivery, or transfer :'
of any of his goods 01, chattels; every sucb debtor doing, buffering, p1 ocuring, executing, permittmg, ma.king, 01% cansing to bc made,
ally of the acts, deeds, or rnnttt3rs aforesaid, with intcnt to defkat or
delnv his creditors, or whpreby his creditors shall or mav Irc defeated
or delayed, shall be deemed to have thereby cornmitt& on act of
insolvency.

58. If any person having been arrested or committed to prison Lying in pison or

for debt, or upon any attachment, or order, or commitn~ent ior or e s c a ~ i n g o u " ~ p ~ ~ ~ ~ ~.

respecting the non-pnymclrt of money, and from which imprison- ment he might be tli&haryed upon pnym~nt of rnoncv, shall upon

such or any other arrest or commitment for debt or n ~ i - ~ n ~ r n e n t of

moliey, or upon any clotc-ntion for debt, lie in prison tor twenty-one days, or having been arrested for anv cause, or being in prison	for any cause. shall lie in prison as aforesaid after any detainer	for dcbt lodged against him and not discharged, or if anv such
person haring been arrested. committed, or detained for debt, shall cscaye out of prison or custody; or if any person shall abscond or keep oat of the way to sviid being taken or served with auy proccss for debt out of m y (hurt; the person so lying in prison, escaping, absconding, or keeping out of the way, shall be deemed

to have committed an act of insolvency on the first day of such

arrest, commitment or detention, or on the first day of the abscond-

ing or concealment of sucn debtor, as the case may be.

59. If any debtor shall file, in the office of the Registrar a Deulmationof insol-

declaration of insolvency, in the prescribed form, signed by such debtor, and attested by an Official Receiver: Kegistrsr, practitioner of the Supreme Court, Justice of the Peace, or Clerk of a Local Court, every such debtor shall be deemed to have committed an act

of insolvency at the time of filing such declaration: Provided a

petition

49" & 50" VICTORIE, No. 385.

The Iitsolvent A c t. 1 8 8 6.

petition for adjudication be filed by or against such debtor within two months from the filing of such declaration. The Registrar receiving such declaration shall forthwith cause a copy thereof to

be inserted in the Governm~nt Gazette.

Com~uncling with 60, If any debtor, after the filing of any petiticn for adjudication

petihoning creditor.	of insolvency against him, shall pay money to the petitioning cre- ditor, or give or deliver to such pctitioi~iu~: crcditor any satisfaction or security for his debt, or for any part theh:of, whereby such peti. tioning creditor may receive nlnre in the pound in respect of his debt than the other creditors, such payment, gift, delivery, sitisfac- tiou, or security 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
be proceeded with, or may order it to be annulled, anti a new petition for adjudication may be filed, and such new petition may be supported by proof either of such !a&-mentioned or of any other act of insolvency.

h'ot compounding 61,

If any plaintiff shall recover judgment in the Supreme be entitled to levy execution upin such judgment for Twenty Pounds or upwards, and thc clefendaut sl~all not, within fourteen days after notice in writing personally served upon him, requiring immediate payment of such judgment dcbt, pay, secure, or com- pound fbr the same, to thc satisfaction of such plaintiff', the defendant shall be deemed to have committed an act of insolvency on the fifteenth day after the service of such notice: Provided that if execution shall in the meantimc bc stayed or restrained by any rule, order, or proceeding in any Court of Justice no further pro- ceeding shall be had on such notice; but it shall bc lawful for such phi11 tiff, when again er1 titled to 1cv)- execution an such j udgment for Twenty Pounds or upwards, to taroceed again by notice in manner aforesaid.

with judgment

creditor after notice	Court or any I m a l Court for Twenty Pounds or upwards, and shall
80 to do.

62, If any decree or order shall be made by the Supreme Court,

NOn-pPent* money or fo~rteen Of

days after peremptory or any Judge thereof, or by any Court of lniolvency, or any Corn-

day Axed. missioner, ordering any person to pay a sum of moncy, and such t)erson shall disobev such decrec or order after due service upon I him, the person entitled to rcceive slxh sum nrider such decree or order, or interested in enforcing the payment thereof, may apply to the said Supreme Court, or any Judge thereof, whether such decree or order shall have been made by the Supreme Court or a Judge or not, or to the Court or Commis~ioner making such order, for an order fixing a peremptory day for the payment of such money; and if the person liable to pay, being yersonaliy served with such last-mentioned order, not less than fourteen days before the day therein appointed for the payment of such money, shall neglect to pay the same on or before the peremptory day so fixed, he shall be deemed to have committed an act of insolvency

on the day after such peremptory day.

49' & 50° VICTORIfi, No. 385

63. If exccutiou issued on any judgment against a dcbtor for PART 111.

the purpose of obtaining payment of ilot less than Twenty	returned unsatisfied Exocution levied or
Younds he levied bu seizure and sale of his goods, or if any such	for Twenty Pounds.

be returneil unsatisfied to the extent of T ~ v ~ n t y Pounds or

upwards, the debtor shall be deemed to have committed an act of insolvency at the time of such sale or return: Provided that an insolvency petition be presented against or by the debtor within fonr weeks a f t 6 the date of such sale or unsatisfied execution: Prwided that Qle Court may reverse such adjudication on its being paved that such return is improper and uiitrue, the bwden of which proof shall be on the insolvent.

64, If, at a meeting of creditors under section 262, or some

If at meeting of cre-

ditors special resolu-

ndjonxnrnent thereof, a resolution accepting n proposal for a compo-	tion accepting com-
sition or schcme. or for thc cxccution by the debtor of a deed of' assign-	of arrangement, or position or scheme
mcnt under Part XI. of this Act, or a resolution bp a majority in value	that debtor execute
of the creditors present personally, by a t to rne~, or by proxy that	deed, not carried, or
if ilcbtor do not exe-
such meeting shall not bc deemed an act of insdlvency, bc not duly	cute deed.
passed, or if the debtor shall not execute a deed of assignment pursuant to a resolution theretbr within seven days from the passing of sueh resolution, or if u resolution accepting a proposal for a composition or scheme be not duly confirmed as provided by section 265. subsection I, the debtor shall be deemed to have committed a n
act of insolvency orr the date of thc first meeting of creditors:
Provided that a petition that the debtor* bc adjudicated insolrcnt be filed within two months from the date of slich first meeting.

65. If any composition or scheme of a.rmngcmcnt shall bc	If composition or
schcn~e rejected or

rejected or annulled under section 265, subsections V I. or V I I I. , the annulled by Court.

first rncctixij: of creditors shall be dwnred on act of insolvmcy on

the part of the ilcbtor, provided adjudicntior~ of insolvency bc

obtained against him within seven days from the date of the order

of rejection o r annulment.

66. If the Court shall declare any deed exccnted by a debtor	that deed under l'nrt
Declaration by Court

in pursuance of Par t xr. of this Act to be void, the debtor shall	XI. void,
be deemed to have committed an act of insolvmcy on thc date of the meeting of creditors at which such deed was resolved upon: Provided adjudication of insolvency bc obtained not later than fbur-
teen days from the date of such dcrd being so drclarod void.

notice, attested by the keeper of the gaol and in the prescribed petition as s pauper. 67. If any debtor in actual custody for debt in any gaol give Noticeof intention to

form, to a Registrar of his intention to petition as n pauper

for adjudication of insolvency against himself, the giving of socl1

notice shall be deemed an act of insolvency committed by the debtor a t the time of the receipt of sueh notice by the Kegis- h r. The Registrar shall make an entry of such notice, and the time of receiving the same, in a book to be kept for that Purpose, and the production of such notice, and of thc entry thereof

in the said book, shall be evidence of the act of insolvency, without

further proof. 68. No

C-385.

49' & 50' VICTORIE, No. 385.

The Insolvent Act.-X 886.

PART 111. 08. No person shall be liablc to become ins;olvent by reason of

NO person to be adju: 813Y act of insolvency committed more than twelve months prior to

insolvency more than	di~&d On an act if th6 filing of the petition for adjudication of insolvency againit him;
twelvemonthsold. and no adiudication of insolvencv shall be deemed invalid bv reason of the act of insolvency Ling prior to the debt of t& petitioning creditor, provided there be a sufficient act of insolvency subsequent to such debt.
Notice to corporation, 69,

If an agent of any body corporate or public company shall company shall be deemed to have had such notice.

&C. have had notice of any act of insolvency, such body corporate or

PART IV. PART TV.

ADJUDICATION O F INSOLTTENCY AND PROCEEDINGS

'I'HEREUNDER.

Adjudication obtained

on petition.	70. Adjudication of insolvency shall be 01) tsined on petition in the prescribed form, i~ttestetf by an Official Xeceivcr, Ttegistrar, practitioner of the Supreme Court, Justice. of the Peace, or Clerk of
a Local Court, and if presented by a debtor petitioning as a pauper,
seven days at least shall intervene between the act of insolv~ncy
and the filing of the petition. No fees shall be talrcn in the case of
a debtor pctitioning as a, paup~r.
Amount of petitioning

creditor's debt. 71. The amount of the debt of any creditor petitioning for ndjudi-

cation of insolvency shall be as follows-the debt of anv sinele U

creditor, or of twb or more partners, shall amount to 'l'wenty Pounds; the debt of two creditors shall amount to Thirty Pounds;

and the debt of three or morc creditors shall amount to Forty

Pounds; and every person who has given credit upon valuable considerl.,ztion for any sum payable at a certain timc, which time shall not have arrived, may so petition or job in petitioning, whether he shall hold any security fbr such sun1 or not.

Petition m8.v be filed	72. A petition for adjudication of insolvency against any person indebted in the amount aforesaid to any copartnrrship duly authorised to sue or be sued in the n a n ~ of a public officcr, may be filed by
copartnership.

by public o5cer of

such public officer as the nominal petitioner for and on behalf of

such copartnership.

Keeper shall certify

name of detaining 73. I n case of a debtor petitioning as a pauper, the keeper of

creditor.

the gaol in which such debtor is imprisoned shall, by memorandum

on the petition, certify the name of the detainingw creditor of the

petitioner.

Petitioning creditor to 74, If the petitioning creditor in any insolvency petition shall

obtain adjudication not obtain adj udicnt ion within three days after h$ itetition shall

wi~KB three dsvs.

have been filed, or within such cxtcnded time as shall be allo\ved by

the Court, the Court may a t any time within fourteen days then next following, upon the application of any other creditor or

creditors

I

T

49" .& 50" VICTORIW, No. 385

Tlhe Insolvent A c t. 1 8 8 6.

-

to the requisite amount, or of the debtor, proceed to $Ijudicate on such petition; but if the petitioner, or some other creditor or creditors, or the debtor shall not within such four- teen days, or within such extended time as may be granted by the Court for that purpose, apply to the Court to adjudicate, no

fmther proceedings shall be taken on the petition, and such petition

shall be considered to be dismissed.

75. Any creditor, whose debt is sufficient to entitle him to petition Creditor of firm may

for adj jodication of insolvency against all the partncrs in any firm

petition againat any

Inay petition for such adjudication against one or more such partners;

partner.

and on an? petition for adjudication agaiust two or more persons

the Court may dismiss the same as to one or more of such persons,

and grant an adjudication agaiust thc other or others.

76. When an adjudication of insolvency has been made	If one partner adjudi-
cated and another out

against LZ partner in a firm, and any other partner is out of the said

of province or of u n -

province, or of unsound mind (whether so found by inquisition or

sound mind, Court

may make order for

not), the Court shall have jurisdiction, without ad j udging him an

administration of

insolvent, and on proof to the satisfaction of the Court that the

joint property.

film are unable to pay their debts as they become due, to make an

ordcr in insolvmcy fbr the administration, according to the Inw of insolvency, of the joint property of' the members of the firm. On

such ordcr being madc, the property of the firm shall vest and be

administered as if an insolvency petition had been presented and an order of adjudication made in the first instance against all the

members of' the firm.

77. If the debt stated by the petitioning creditor in his affidavit,	Penalty if petitioning
creditor's debts not

or in his petition for adjudication, shall not bc due, or if aftcr	due, or potition filed
a petitioti for adjudication of insolvency filed, it shall not bc proved	fraudulently and
tlint the person against whom such petition was filed had cornmitted	maliciotisly.
an act of insolvency at the time of the filing of such petition, and
it shall also appear that such petition was filcd frandulently
whoin any such petition was so filed, examine into the same and	or maliciously, the Court shall, upon petition of the person against
order satisfsctiotl to be made to him for the damages sustaiued.

78. If any petitioning creditor shall, after the adjudication of Petitioning creditor

insolvency, receive any money, satisfaction, or security for his debt,	i n payment of debt.
receiving money, &C.,
or any thereof, whereby such petitioning creditor may receive
more in the pound, in respect, of his debt, than other creditors,
such petitioning crcditor shall forfeit his mhole debt, a n d shall also repay a i d deliver up such money, satisfaction, or security, or the full valne thereof, to the truster for the benefit of the creditors
of such insolvent.

79. Whenever anv insolvency petition shall have been filed	If person about to
quit province or re-

agaiust any person, a i d i t shall be proved to the satisfaction of	move goods Court
the Court that there is probable cause for believing that such	may issue warrant.
Person is about to quit the said province, or to remove or

conceal

20 49' & 50' VICTORIiE, No. 385.

l h e Imoluent A c t. 1 8 8 6.

. --

PAW Iv.

p-".--	conceal any of his goods and chattels with intent to defraud his
creditors, the Court may issue a warrant directed to the messcnger and his assistants, or to such person as the Court shall think fit, to arrest the person petitioned against, and to seize his personal estate, and to keep such person and estate until the expiration of the time allowed for adjudication on such petition, or until such person shall be adjudged insolvent under such petition, and be there- on dealt with according to this Act.
Person arrested may

obtain order to show 80. Any person arrested upon any such warrant under the last

preceding section, or any pr:1.son whose p ~ r s o i d cstatc s l d have been

cause why he

not be diacllarged-	seized under any such warrant, may apply at any time after such arrest or seizure to the Court for an 'order on the petitioning creditor to show cause wliy the applicant should not be dischar&d out of custody, or why his personal estate should not be d ~ l i r e ~ c d up to him, and the L'ourt may mttlie nbsolutcl such order or discharge the same.
court may summon	81. The Court may, before adjudication, summon before it the giving any informatio~~ concerning anv act of insolvency committed by the debtor, and may require any sn& person to produce any books, writings, ant1 documents in his possession, or under his corltrol. Thr:
perBon

insolvency, topr0ye &C. act debtor or any o t l l t ~ person whom such Court shall believe capable of

Court may exa~x~irie such person 1113011 oath conccvning such act of'

insolvency. If the person summoncd sllall not come betbrc the Court at the timc appointed, havilig no lamf'ul impcdimerit made known to the Court., and allowed by it, the Court may issue a warrant to arrest such person, and to bring him before the Court for examina- tion, and also to seize all books, mritinw and documents which such ' r, person may he sumrnonccl to produce. Jhe Court may also fine or fine and imprison the person so summoncd and neglecting to appear.

Affidavit in certain

cases may be sworn 82. An affidavit in proof of an act of insolvency, or of a petition-

before petition.

ing crediter's debt, or any other matter in support of an insolvency

petition, may be sworn before the date of such petition or of the filing thereof; and it shall be suficient if such affidavit shall be

intituled in the Court in which such petition shall afterwards be

filed.

Cowt mayadjudicate.

83, The Court under n creditor's petition, on proof of the petition- ing creditor's debt n l d the act of insolvency, or in case of the failure of the petitioning creditor duly to obtain such adjuclication, then upon the application of another creditor, to be made at the time and in the manner hereinhefore appointed, and on proof of such other creditor's debt and of the act of' insolvency, or upon the application of the person indebted on proof of' the act of insolveocy, and under a debtor's petition upon the application of the debtor and on p o o f of the act of insolvency, shall, in the prescribed form, adjudge

such debtor insolvent.

84. In the case of a person adjudicated insolvent on the

petition of a creditor, the Court may amend any error or supply

any

49' & 50' VICTORIE, No. 385.

-

The hso1ven.t Act.-1886.

my omissions in the name or addition of the insolvent in any

of the proceedings prior to or under the insolvency, and notice

therof shall be given by the Official Receiver by advertisement in the Governtncnt Gazette. In any such case the proceedings as %mended shall in all Courts be read and have the like force and

as if they had originally been in the amcnded fbrm.

85. Prior to a petition by an insolvent debtor for adjudication of Insolvent to convene

insolvency cvery insolvent shall convene a meeting of his creditors,	meeting of creditors
prior to petition.
in the same nmnner as is prescribed in clause 262, Part XI. of this Act, and until such meeting can be held the Court of Insolvency or any Local Court of Insolvency shall have the same jurisdiction as to staying proceedings and exercisable in the same manner as is provided by clause 283: Provided that this clause shall not apply to impri- soned debtors.

86. Subject to the last preceding clause, any debtor may petition	1)ebtor may petition
for ad judient,ion.

for adjudication of insolvcncy against himself, mcl an adjudication obtained on such petition, or at the instance of an insolvent, shall

have on the property, ricalings, and transactions of the insolvent,

the like operation and effect, and the title of the trustee shall have the like relation as if the adjldicntion had proceeded on the petition, or at the instance, of a creditor: Provided that nG adjudication shall, except in case of it pauper dcbtor, hcreinbcforc mentioned,

be had on the application of such debtor, except upon payment of

the proper fees and charges.

87. If after adjudication of insolvency the debt of the petition- Court may substitute another ereditor'sdebt

ing creditor be found by the Court to be insufficient to support	where petitioning
such adjudication, the Court may, upon the application of any othcr	creditor's debt
creditor proving a debt sufficient to support an acl.jutlication, or	insufficient.
which being added to thc petitioning creditor's debt is sufficient for that purpose, order, in the pr~scribecl form, such last-mentioncd debt to be substituted for or addcd to the debt of the petitioning
creditor, and thereupon the adjudication shall be as valid as if the

petitioning creditor's debt had been sufficient.

88. The Court shall forthwith, aftcr acljudication, appoint two Court to appoint two

public sittings of thc Court under the iusolvency, the first to be	public sittings.
held not earlier than seven days, nor later than fburtccn from thr
date of adjudication-and the second to bc held not earlier than twcntv-eigtt days, nor later than thirty-five from the first sitting; and shall cause notice of such adjudication and of such public sittings to be given by advertisement in the Governmeut Gazette ; and shall
fix an amount for which the Officiai Receiver shall be a judgment
creditor of such insolvent,; and may, from time to time, until the insolvent passes his last examination, substitute another amount for the amount so fixed. Every such order shall have tflie effect of a judgment in the Supreme Court; but i t shall not be enforced uor shall judgment thereon be entered up without lcavc of the Court.

89. The Court, after adjudication, shall, at the instance of the	warrant to seieo
Court may issue

official Receiver or trustee. issue a warra~it to the messenger to seize U estate.

$1 the personal estate of the insolvent. 90. I n

49' & 50' VICTORIAZ, No. 385.

The Insolvent Act .1886.

PART TV. 90. I n the casc of a pcrwc'n acljjndged insolvent on the petition of the adjudication to be served up011 such insolvent or by leaving the same at the usual oi lnst-known place of abode-of such

Service of ittljudicd-	a creditor, the OfIicial lteceiver s l d l fbrth~vith	cause a duplicate of
tion.

Insolvent may S ~ O W insolvent. ,4ny person adjudgecl insolvent on a creditor's petition

cat ion. adjudication, or such cstendcd timc as tlic Corlrt ma). allow not ex- causeagainst adjudi- may, within seven dnvs from the servir*e of the duplicate of the

ceeding fourtren claw in the nholv, or at tlln first public sitting under his ir~solvencv, sllow cause to the Cotlrt against the validity of such adjudication; -and if he shall show to tire satisfaction of t h e Court that the petitioning c:reclitorls debt or act of insolwncy grouncl- ing such adjudication, or both of them, arc insufficient to support such ad jnclication, and if no other petitioning creditor's debt and act of insolvency, or snch onc of such mattcrs as shall be required to support such adjudication slid1 be proverl. the Court shall order such adjudication to be reversed, autl shall forthwith cause iioticc of such reversal to be given in the Government Gazette.

Court to fix period

for surrender.	91, I n the case of a lwrson adjudged insolvent on the petition of a creditor. the Court shall, in the adjudication, fix a period not exceeding fourteen days from the date of adjudication, within which thc iiisolvent is to sunwider and corifonn, slid may from time to time enlarge such period, and shall cause notice thereof to appcar by advertiscmcnt with cncli notice of adjudication,
Person adjudicated

on his own petition 92. Any adjudged insolvent on his own petition or on

to surrender within

his own application shall surrender and conform within three days

three days.

after such adjudication, and before three o'clock in the afternoon of

the last day.

Insolvent free from

arrest in coming to 93. Evcry person who shall be ncljndqed insolvent s11a11 be free

surrender.	from arrest or i~riyvisolmcnt by any credhor in coming to snrrender; and every insolvent, after surrender, shall be free from arrest or im- prisonment by any creditor, so long as he shall have the protection
of the Court as hereinafter provided.

Insolvent imprisoned 94, If any insolvent shall, at the time of surrender, or at any

to bo released.

tirnc thereafter, bc in prison, or in custody cm civil process of ally Court having beerr wrested or cormiitted to prison for dcbt or damages, or upon any attachment or order or coamitment for or respectiug the non-payment of money, or for contempt of any Court, and from which imprisonment hc might be discharged upon payment of money, the Court may, by warrant, order his immediate release: Provided that such rclcusc shall in nowise affect any ri@t of any creditor against the insolvent, except the right of detainmg him in

prison so long as he shall h a w the protection of the Court.

I n s o l ~ t surrender-

ing in custody at suit 95. Every iiisolvent shall, immediately upon surrendering, be

of official Receiver. deemed to be in custody for debt at the suit of the Official Receiver for such a sum as the Court may, by such order or substituted order as aforesa,id, have directed; and the messenger of the Court

shall,

49' 8r V 50" VICTORIE, No. 385.

C_------

Tht Jizsolvent Act.--1 886.

PART IT.

&all, upon receiving thc marrant of the Court. lodge thc insolvent in gnol and such insolvmt shall not hc dischaxgeil tlierefrom until

he shall h a w 11ass"ed hi3 last cuamination, unlcss hc shall have

the protection of the Court.

96. After adjudication, the Court may direct any insolvent to be insolvent out of C o u ~ t may &charge

discharged out of custody at the suit of the Official Receiver, on his	custody on finding
finding sufficient surety to t3nter into ;I r e c o g n i ~ n. ~ ~ ~ to the Official	sureties.
lieccirer in such sum as thc Court s l d l order for thc pcrsoiza,l appearance of the insolvent in such Conrt when lawfully required until lie shall pass his last examination, and thc~eupon the Court &l1 grant protection to thc said insolvent: Provided that the surety of the insolvcnt, or if more than one, the sureties, or any of tliern, may render snch insnlv~nt to gaol in disr:harge of the lmognizanee. TIE Court mav witlidraw slich protection either entircly or for sowe clcdinite pcriod, or nntil the insolvcnt shall h i i ~ e
found other surety to m I argrr amount, and thcrcupon str;dl order such insolvent again it1 to custody. The Cowt may again order thc d i s h r g e of, a ~ i d grant protection to, any insolvent so wndered to gaol, or whose protection shnll be so withdrawn, 011 his fintlirig

The Court niay

~urcty as though hc had jus t thcii surrcndelccl.

dispense with bail in ;my case it may think fit.

97, Any recognizni~ccs may be eiitcrcd into a11(1 :icknowlcdged Pcrsons empowered to

bufbre any Commissioner, IEtegist~w, Spccinl Magistrate, or Justice	take recognimoceu.
of thc, Pence.

98, The Court shall have power to order any insolvent in prison, a. Court empowered to orcler ~nliterial

or in custody urr der nuy process, n t t i r c11 nlcn t, crccution, conlrnit- ,itnesl in to

nicnt, or sentence, 01' ally p1 isoner in an!; of l l c r %faj jesty's gaols, he brought before Court.

01. wrving any scntcwce, ;I rrcl who shall l.x :L necessary or matcri;;tl

witness in any matter pending in thc Court, to be brought before

the C'onrt, or some o f i ces thcreof.

99. The keepers of all of Her Majesty's Gaols, and all other Keepers of gaols shall

persons having thc custody of an insolvcnt or prisonrr, shall obey up prisoncr.	obey order to bring
any orcler madc by tbc Court for bringing np such insolvcnt or lxismwr, or for rrcciving or uctaining any insolvent, or for the rclraso of any illsolvent; and if any action or otlrcr procreding shall be brought against snch keeper or other person for obeying such order ire may plend not guilty by t l ~ i s Act, illld givc S L I C ~ ~ order
h evidence.

100. Not lntcr than six days beforc the first public sitting under Insolvent to file schedule six days

the iosolvcl l~~, or such cxtcirded time as the C o ~ ~ r t may allow, the first

holvent sIi;rll file irk Court sohdule which shall sat out, as far as practicable. thc particulars of his asscts ancl liabilitics, the names, 'csiclcnces, and occnp;~tions of his creditors, the securities held by

them respectively, the valne at which hc estimates the same, the

dates on which they were rospcctively given, and thc amount prov-

"bl after deJucting such value. The schedule shall be signed by

the

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

The Insolvent Act .1886.

the insolvent and verificd by his affidavit, or that uf sorrleoiie else able to vcrifv the sstrne. Ally -insolvent failing to file the nborc schedule shd l be deeme(1 guilty of contempt of Court: . Provided that the Court may dispense with the filing of the said schedule.

Notice of first

exanination. 101, The Official Receiver shall, three days a t least before the

day appointed by the Court for the first public sitting under the

insolvency, cause notice of such sitting to be given in the rna~liner

directed by rule to every creditor of the insolvent so far as known

to him.

Insolvent to deliver

up books of account 102. The insolvent shall forthwith aftw surrender, or after

and attend accoun-	the period l i m i t d for his surrender, deliver up to the Official
tant.	Receiver all the books of account, papers, and writings ~.c.lating to
his estate in his c~lstody or power, and shall discover such as are in thc custody or power of any other person, ant1 snch insol\-cnt, shall post and make up his books and aocomh to the date of the adjudication; and, if not in prison or in custody, shdl at tmd the accountant, a t such place and when and as often as he shall be required, or, if such insolvent shall bt? in pl-ison or in custody, he shall attend the accountant or some person appointed bp him, at the gqol or place of custody, and shall furnish to him such particulars of his debts ancl credits, cstrttc w ~ ~ t l eff(.cts, transactions aud dealings, as arc necessary to enable such ciccountsnt to preyare the insolvent's schd~rle and balance-shcct by this Act requirecl; and shall also, when and as often as required by the trustee, assist in making out the accounts of his estate; and Boch insolvent, after he slmll have surrendered, may, at all reason:kble t i nm before he shall pass his last examination, illspwt his books, ;mpcrs, and writiizgs,
in the prcscnce of the Official lteceivw, or aniy person appointcd by
him, and bring with him each tinw any two persons to assist hiin.
insolvent after

certificate to attend 103. Every insolvent, after he shall httvc passed his lmt cxamina-

trustee or any Court tion, shall upon demand in writing given to him, or left at his usual

when required. place of abode, attend the trustee to settle any account between his estate and RIiY debtor or creditor, or attend any CJonrt of Jnsticc, or any arbitration to give evidence touching the salrlc, or do any act necessary fbu gctting in or protectine his said estatc, for P which attendance he shall be l>i~id, Eight Shillings pcr day by tlw

trustcc out of his estate, and also his reasonable travelling expenses to be allowed bv the Court; and if any insolvent shall ncglect to comply with the of this section he shall for every such offence forfeit and pay to the trustee, for the benefit of the estate. a sum of not exceeding Twenty I'ouncls.

Court may grant 104, If it shall appear to the Court that thcrc is rcason to

search- warrant.	susp~c t that any property of any insolvent is concealed in any house or other place, the Court map, on the application of the trustee or any creditor, grant a search-warrant to any person appointed by the Court, and such person may execute
such warrant, and shall be entitled to the same Pl-otection as is

allowed

49' & 50' VICTORIW, No. 385.

-

The Insolvent Act.-1886.

PART ~ v.

allowed by law in the case of a search-warrant for property reputed

to be stolen or concealed.

105. NO action shall be brought against any messenger or his NO sotion to be

, assists* t, or other person appointed by the Court, for anythiog done ~~~~~~~~$~ after

in obedience to any warrant of the Court, unless perusal and copy demand of perusal of

of such warrant has been demanded by notice in writing, signed by wammt.

the party intending to bring such action, or by his attorney 6r agent,

and served on such messenger, assistant, or other person, or left at

his usual or last-known placc of abode in the said province, and unless such demand has been refused, or has been for six days neglected to be complied with.

106. If after such demand and compliance therewith, any action Messenger entitled to verdict notwithstand-

be brought against such messenger, assistant, or other person, ing	in warnfa
without making the petitioning creditor if living a defendant, the defendant at the trial of such action shall, on proof of such - warrant, be entitled to a verdict, notwithstanding any defect of jurisdiction in the Court by which such warrant shall have bcw granted; and if such action be brought against the petitioning creditor, and such messenger, assistant, or other person, such messenger, assistant, or other person shall, on proof of such warrant, be cntitlcd to a verdict, notwithstanding any such defect of jurisdiction; and if a verdict shall be given against the petitioning creditor for an amount carrying costs, the plaintiff shall recover his costs against him, to be taxed so as to include such costs
as the plaintiff is liable to pay to such messenger, assistant, or other
person,

107. In any such action brought against the petitioning creditor Proof of defendant

either alone or jointly with any messenger, or assistant, or other creditor euficient to being petitioning

person so appointed by the Court, for anything done in obedience make him liable.

to the warrant of the Court, proof by thc plaintiff in such action

that the defendant, or defendants, or any of them, is or are petition-

ing creditor or creditors, shall be sufficient for the purpose of making such defendant or defendants liable in the same manner and to the

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

done or committed by such defendant or defendants.

108. Any person acting under warrant of the Court, may break I'owersof person

open any house, chamber, shop, warehowe, trunk, chest, or other ,,,,t.	acting under Court'e
receptacle of any insolvent., where such insolvent or any of his property shall be suspected to be, and seize upon the body or property of the insolvent; and if the insolvent be in prison or in custody, the person acting under such warrant may seize any property of the insolvent (his necessary wearing apparel only excepted) in the custody or possession of such insolvent, or of any other person in any prison or place where such insolvent is in prison
or custody.

109. If any insolvent shall be arrested for debt or on any escape InaoFnt, whits prot&ion

D-385. warrant hold~ng

4 9 O & so0 VICTORIE, No. 385.

The Insolvent Act.--P 886.

- -

-

PABT iv. warrant in coming to surrender, or shall after his surrender, and

order, entitled to	while protected by order of thc Court, be so arrested, he shall,
&scharge on arrest
for debt.	on producing such protection to the person arresting him and giving him a copy thereof, be immediately discharge6; and if any person shall detain any insolvent after he shall have shown such protection to him, except for so long a time as shall be necessary for obtaining a copy of the same, such person shall forfeit to such insolvent, for his own use, the sum of Fivo Pounds for every day he shall detain such insolvent, to be recovered, with costs, by action in the name of the insolvent.
Petitioning creditor

entitled to costs on 110, Every petitioning creditor shall, at his own cost, file and

appointment of	yrosecute his petition until the conclusion of the first sitting under
truetee.	the insolvency; and after such sitting the petitioning creditors' costs shall, unless the Court shall otherwise order, be paid out of the estate of the insolvent in course of priority, to be settled bp rule.

No objection to pro-	111.	It shall be no objection to arly proceedings in insolvency that
ceedings that same

concerted between the petition, adjudication, or act of insolvency has been concerted or

insolventandcreditor. agreed upon between the insolvent, and any creditor or other

person.

If inaolventdie,Court 112. If ally insolvent shall die after adjudication, the Court may

may still proceed. proceed in the insolvency as if such insolvkut were living.

auy person capable of 113. After adjudication the Court may snmmoil before it the	Courtmay summm
givinginformation as insolvent, his wife, or any person known or suspected to have any of
to imol?ent's estate. the estate of the insolvent in his or her possession. or who is su~nosed to be indebtcd to the insolvent, or whd is belic&l to be capjble of giving information concerning the person, trade, dealings, 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 the insolvent, or his wife: or such person to produce any books, papers, deeds, writings, or other

documents in his or her custody or power; and if the insolvent,	or his wife, or such person so summoned as aforesaid, shall not come
ment (made known to the Court at thc time of its sitting, and allowed by it), the Court may, by warrant, authorise any messenger or other person to apprehend and arrest the person summoned, and
bring him or her before the Court for examination.

before the Court at the time alppointed, having no lawful impedi-

If person keeping out

of wrty Court 11lay 114, Where it shall be shown by affidavit to the satisfaction of

order substituted

the Court, that any person to whom any such summons is directed as

service of summons.

aforesaid is keeping out of the way and cannot be personally served therewith, and that due pains have been taken to effect such personal servicc, the Court may order. by indorsement upon the summons, that delivering a copi of such krnnlons to the 'wife or servant, or some adult inmate of the house or family of such person at his usual or last-known place of a b d e or business, and explain- ing the purport thereof to- such wife, servant, or inmate, shdl be

equivalent

49' & 5 8 VICTORIE, No. 385

,pivalent to personal service, and in every such case the service of	PART ~ v.
summons: in plmuancc of such ordcr, shdl be of the same force and effect as if the party to whom such summons was directed had been personally scr r ed therewith.

115. If i n ally case it shall bc proved to the satisfitction of the rf insolvent avoid service of summons

Court that any insolvent is keeping out of the way, and cannot be Court

war-

prsonally served with a summons, and that due pains have been rant

t&cn to effect such personal service, or that there is probablc cause

for believing that he is about to qnit the said province, or to remove

or conceal any of his goods the Court may, by warrant, authorise

any messenger or other person to apprehend and arrest such insol-

vent, and bring him before the Court for examination.

bcfore thc Court upon any warrant ss aforesaid, or if any pexson any person. 116. Upon the appearance of any person summoned or brought Court may examine

be present at any sitting of the Court, the Court may examine such person upon oath, either by word of mouth or by itlterrogatories in writing, concerning the person, trade, dealings, or estate of any insolvent, or concerning any act or acts of insolvency by any insol- vent committed or supposed to be committed, and reduce into writing the answers of every such person, and such person shall

sign such answers.

117. If any insolvent, apprehended by any warrant of the Court, insolvent appre-

shall. within thc time allowed for him to surrender, submit to be ~	~	&	~	d	~	~	m	a	~
examined, and in all things conform, he shall have the same benefit
as if he had voluntarily surrendered.

118. Thc Court may from time to time, on e z parte application, co,,,t may order in-

order that, for a period of not cxceediilg three months from the; $ ? ~ ~ ~ ~ ~ ~ ~, " ~ ~ ~ $

date of anv such order, all post letters directed or addressed to any Receiver or Trustee.

insolvent &all be redkectgd, readdressed, sent or delivered by the Postmaster-General, or the officers acting under him, to the Official

Postmaster-General or any officer served with such order shall obey Receiver, trustee, or other person named in such order, and the the same.

119, The Official Receiver, if the Court shall so ordcr, may, OfficialRecciver may

befbre the first sitting under the insolvency, sell or otherwise dispose fi~p""~"	pro-
of any property of an insolvent which shall be of a perishamble nature, or the holding possession whereof until such sitting would, in the opinion of the Court, be prejudicial to the insolvent's estate, but shall not interfere after the appointment of a trustee as to the time or manner of effecting any sale of an insolvent's estdte or any part thereof.

120. The following provisions shall be observed with regard to v0 tbg .t public;

the voting of creditors at every public sitting under an insolvency: B'tthg~.

I. A creditor shall not vote unless he shall have proved or shall at such sitting of the Court ?rove a debt due to him from the insolvent: 11. A

49' & 50' VICTORIE, No. 385.

18 .

By the Court.

No. 41.

Warrant to Release Jmprisoned Debtor.

[Name of Court and place of sitting] the day of 18 .

In the matter of a deed made in pursuance of Part XI. of " The Insolvent Act,

1886," by of dated the day of 18 .

Whereas thc above-mentioned has executed a deed in pursuance of

Part XI. of "The lnsolvent Act, 1886,"and has foundsufficient suretyasbylawrequired: These are to require and authorise you to discharge the said out of your custody at the suit of whomsoever he may be detained by you in pi san for debt or damages, or upon any attachment or order, or commitment for or respecting the non-payment of money, or for contempt of Court i f the said might

be discharged from such imprisonment upon payment of money, and for so doing

this shall be your sufficient warrant.

Ry the Court,

To the keeper of W.M. Gaol, at

No. 42.

Certificate of clue Esecution and Validity of Deed of Assignment.

%me of Court and place of sitting] the day of

18

In the matter of'a Deed made in pursuance of Part XI,, of The Insolvent Act, 1886,"

by of , dated the day of , 18 .

Upon the application of the trustee of the above-

mentioned deed, (or of the above-mentioned [name of debtor]), this Court doth

find that the above-mentioned deed was duly made and executed under the provisions

of Part sx. of The Insolvent Act, 18H6," and that the provisions of section 270 of

the said Act affecting the validity of the said deed have been complied with.

By the Court.

49" & 50' VICTORIE, No. 385.

The Insolvent Act.-18%.

No. 43.

Accotcnt of Estate to be furnished to O$cial Receiver, by Trustee, within one motrth

after demand [Section 284, subsection X], and Account to be published by

Oflcial Receiver in the " Government Gazette." LSection 41, subsection v.]

-

SECOND

49' & 50' VICTORIA2, No. 385

y-

SRCOND SCHEDULE.

RULES.

1. The Seal of the Court of Insolvency shall bcar the words " Court of Insolvency, south Australia." The Seal of every Local Court of Insolvency shail bear the name

of such Court. The Seal of every Court shall be kept by the ltegistrar.

2. Every declaration of insolwncy shall be filed in duplicate; and the party a t

whose installcc an adjudication is applied for, or his solicitor or agent shall bring to the

Court one copy of the adjudication to be signed by the Commissioner filcd with the

and s copy to be so signed for each i a so l~en t requiring to be served.

3. A11 proceedings to be filed shall be fairly mritten or printed, or partly written

and partly printed on one side of a sheet or shcets of paper, and shall be of a size

denoted by a pattern to bc lrcpt for that purpose at the office of the Official Receiver.

4. All notices of opposition to any insolvent shall be entered in a book (which the oficial Receiver is required to keep) to be called the " Opposition Book," and shall be signed by the opposing creditor, his solicitor, or agent, three clear days, exclusive

of Sunday, before any hitting, or adjourned sitting, for the last examination of the

insolvent

5. All notices directed by the Act to be given by the Official llcceiver to creditors other notices to be g i ~ c n by him to such creditors (the mode of giving which is not prescribed by the Act) shall he by letter, sent through the general post, to the a r l d r ~ ~ ~ give in the Schedule, if any, last filed, or to the last known place of business of the r ~ s ~ o c t i v e sittings for the first ancl last cuamination of any insolvent, and a11

or resiilence of such creditors, or of their agents, if such creditors reside out of the

colony; and where the residences of creditors are out of the said province, and no

agents are known, then by adrertisenrent in the Government Gazette.

6. Subject to the provisions of section 312 of the Act, the petitioning creditor's

costs shall bc paid out of the first proceeds of tllc insolvent's estate, after payment

of the Court fees and Messenger's fces.

7. Thc schedule shall, as near as circumstances will admit, be in a form from time to time to be prescribed by thc Commissioner, and to be kept in the office of the Official Receiver for the guidance of all persons interested.

8. After dividends shall be ordered by the Court, the same shall be paid by the OWrial Receiver to the creditors proring, or to their personal representatives, or agents, lawfully authorised, on production of every security mentioned in the proofs of debts. In cass uf the loss or non-production of the securities, the dividends may

be paid on such indemnity as the Con~missioner	shall, by order to bc filed with the
proceedings, direct.

9. Rvcry notice given by n legal mortgagee under section 139 of the Act shall state the datc ancl registration reference, if any, of the mortgage, and the considera- tion therefor, and the place in Adelaide where the mortgage, and all other documents relating thercto, may be ~nspected a t any timc during the currency of the notice betwen the hours of ten in the forenoon and noon.

10. 15very notice givcn by an equitablc mortgagee under section 139 of the Act,

shall state the consideration for the mortgage, and the particulars thereof, with

dates, the clesc~iptic~n of the propelty mortgaged, and particulars of the deeds and document deposited, and whether the deposit was accompanied by a written memo- ratlclurn or other document, and if so, the date and particulars thereof, and the place in Adelaide where such clecds, documents, and inemorandurn of deposit, if any, may be inspccted at any time during the currency of the notice, between the hours of ten in the fhrenoon and noon.

11. In case of any notice under either of the two last preceding rules not con-

taining the required particulars, the mortgagee, or person claiming to be so, shall

Pay the costs of any investigation of his claim by the trustee.

12. I n case of an appeal to the Supreme Court against any order, determination,

or direction of any Court or Commissioner, thc same shall be entered with the

in a book to be kept for that purpose, and shall be by notice signed by

the appellant or his solicitor.

13. Thc Registrar shall forthwith upon such entry forward to tlic Master of the

Sutreme Court, all the proceedings and evidcnee in the matter of the insolvency in

'vhlch s ~ c h Within sel-en clays after the entry of such appeal, the appellant shall cause appeal has arisen.

the same to be set down for hearing, and such appeal shall be duly prosecuted

according to the procedure of the said Supreme Court.

51- The Official lieceiver shall security by bond to the Treasurer of the

province, with two sureties, to be approved by the Commissioner, in the penal sum of 61,000, for the due performance of the duties of his office, and for properly

accounting

No.

-

The Insolvent Act.-1886.

accounting for all moneys and property that shall come to his hands; and the messenger shall similarly give security by bond with two sureties, to be approved by

the Official Receiver, to the Official Receiver, in the penal sum of $400.

16. The Official Receiver shall, on the first day of Janudry in every year. or within a week thereafter, make a declaration in writing before the Commissioner, to be preserved and filed in the office of the Court, that the sureties of the Official Receiver are, to the best of his belief, alive and solvent; and shall in such declaration state to the best of his knowledge and bclicf any change of residence of his sureties, or either of them.

17. The Official Iteceiver shall givc immediate notice in writing to the Com.

missioner of the death ur insolvency of his siireties, or either of them; and shall thereupon, and a t any other timc, if required by the Commissioner, give fresh srcurity as aforesaid. to be approved by tile Clommiusioner.

18. No money8 shall be withdrawn from the banking account of the Official Receiver, or paid by him, esrept by cheques countersigned by the Commissioner or

a Judge of the Supreme Court.

19. No transfer shall be made in the books of the Official Receiver from one account to another, except under the written authority of the Commissioner or a Judge of the Supreme Court.

20. S o investments shall be called in or dealt with, except under the written authority of thc Commissioner or a J u d g ~ of thc Suprcme Court.

21. The Official Receiver shall lrec;) the Cnclaimed Ilividend Fund in a separate account with some bank in Adelaide, to be approved of by the Commissioner or a Judge of the Supreme Court, and &all also obtain and keep a separate bank pass- book for the same.

22. Except in cases provided for in the next succeeding Rule, the Official Receiver shall keep a yeparate account for each insolvent cstatc in some bank in Adelaidc approved of by the Commissioncr or a Judge of the Supreme Court, and shall also obtain and keep a separate bank pass-book for each insolvent estate.

23. The last preceding rule shall not apply to any insolvent cstate when and so long as the amount to credit of such cstate shall be less than 230 ; and may, under the written authority of the Commissioner or a. Judge of the Supreme Court, be dispensed with in any particular estatc although the amount to the credit of such estate may exceed &30.

24. Every bill of costs charges fees and disbursements of any solicitor, or attorney, or measenger, under any adjudication of insolvency incurred prior to any sitting for an audit, shall be delivered to the Registrar for taxation five days at least before the day appointed for such sitting; and in defzult thereof, if such sitting shall be acljournvd by reason of such default, such solicitor, or attorney, or messenger shall pay the costs occasioncd by the adjournment, and the amount thereof shall be deducted from the amount of such bill, alid no money shall be paid to any solicitor, attorney, or messcnger on account of any costs, charges, fees, or disbursements, until such bill shall hare been tasetl. No opposing creditor, except he be the trustee, shall be entitled to any costs out of the estate of any insolvent.

25. A11 bills of costs, charges, fees, and disbursements, shall be taxed by the Registrar: Provided that the Con~missioner shall have power to refer any such bill to the Master of the said Supreme Court for taxation. The Commissioner may review the tasation of any bill of costs, charges, fees, or disbursements whether such bill shall have been taxed by the Registrar or the Master of the said Supreme Court.

26. The Official Receiver shall, before any audit, enter in a book the names of all

the debtors to the insolvent's estatc as returned in his balance-sheet, and shall enter the reaeons why any debts are not paid on the opposite page; and shall also keep a property-look, in which shall be entered in a clear manner the nature and description of all the property (save debts) belonging to each insolvent's estate, and the estimated value thereof, the amount (if any) realised by the sale and disposal of the same, and the reasons (if any) why the same are not sold and disposed of, and such books shall be produced to the Court at every audit.

27. The audit account of the trustee shall be made out in duplicate in the orclirW' form of a debtor and crcditor account, each item thereof being cntered according to its date, and a name, date, and proper explanation given to each item. One duplicate of such account shall be laid by the Official Receiver bcfore thc Corn- missioner three days at least prior to the day appointed for auditing such account, subject to the power of the Commissioner to require an account, digested under proper heads, t o he annexed to the audit account, should he think proper-and the other duplicate of such acconnt shall forthwith after its preparation be filed with the

proceedings in the particular estate, and be a t all times open for inspection and

perusal.

28. At

VICTORIE, No.

The Insolvent Act.-1886.

28. At el-ery audit meeting the Official Reccivcr shall lxodure his books, accounts, vouchers, and all other writings and papers connected with his receipts and p p e n t s on account of the estate under audit, and the same silall be carefulIy exau;ined and compared with the audit account, and thc cause of any moneys remailling uncollected shall be t~scertained, and a minute thereof made and filed with the proceedings; and all persons appearing to be indebted to the insolvent's estate may be forthwith summoned and examined in that behalf upon oa th; and the

so taken shall be filed with the proceedings, and such directions may

be given by the Cour-t as to any further proceeding thereupon as to the Court shall

seen1 fit.. I'

29. The full and proper audit of the accourits in. each estate shall be minuted by the Con~missioner in the form in the Schedule hereto marlied A, which shall bc duly

filed with the proceedings.

30. All the pr~ceedings relating to and held under every adjudication or petition

for adjudication of insolvency, together with all books, papers, writings, and accounts relating to the estate and effects of eJrery insolvent, shall be open, without charge, for inspection and perusal, a t all reasonable times by the insolvent or person petitioned against, and his solicitor, and by every creditor of such insolvent or pcmon,

and the solicitor of such creditor.

31. All office copies shall, except as to figures, bc fairly written at length, and delivered out without any unnecessary dclay, and in the order in which they shall hare been bespoken.

S ~ H E ~ I T L E A.

[,Yame of Court a ~ t d p l a c c qf sitting.] the day of , 18 .

In the matter of 3 of , an insolvent.

Memorandum that I, , Esquire, Commissioner of the Court of Insolvency [or Spovial

Magistritte of tbc Local Court of

Goaernvient Gnretle, to audit the nccounts of the above-named insolvent's estate and effects. 1, hat this day, pursuant to notice in the J'outh Austrahan

, the trustee of the said insolvent's estate, and . the

Official Receivcr [or Clerk of the said Imal Court], delivered upon oath the accounts respertively maiked and , heremto ~ n r ~ e x c d, as full, true, and p f e c t itccounts of all moncvs received by them respectively nnrlcr ttio :hove insolvency, and wlrcn and upon what account, and how and when the same have been expended: And I,, having examined the said accounts, and compared the receipts with the payulcnts, do find that thele i s now the sum of

in the hands of the srtid Official Itecciver [ol. Clelk], [or in the Sank]	to the credit of the said estate
,or as the case may Be).

THIRD SCHXDULE.

This Deed, maclc the day of , 18 , in pu r s~~ancc of Part X I. of

"Insolvent Act, 1886," Setwcen of , in the provincc of South

Australia, of the one part. and of , in

the said province , of the othw part, Tl'itnesscth that the said

cloth hereby convey and assign all his real and personal e-t ate to

the said , his heirs, executors, administr:ltor?, and assigns upon trust

for the benefit of the creditors of the said , the trustee's

remnneration to be £ p n centuin on the amount tlivisiblc amongst the creditors.

In witness whrxc.of thc said parties to thesc presents have hereunto set their hands

and seal tllc day and year first befort,-written.

Signed, sealed, ancl delivered by the said

this day of )

18 , in the presence of the undersigned,

a

Signed, sealed, and delivered by the said

this day of

18, in the prcsence of the undersigned,	i
a	\

This Deed made the day of , one thousand eight

n~ndred and eighty , in pursuance of Part XI. of The Insolvent Act, 1886,"

bewteen of , in the province ~f South Australia

of the one px t, and a f , in the said province

49' 8r 50" VICTORILE, No. 385

The lizsolvent Act.-1886.

province of' thc other part: Witnesseth, that in consideration of (ne release hereinafter contained, the said [n~si.~?yllor dotli by these presents grant alld assign unto the said [ i ru~tee] his heirs, executors, administrators, and assigns, who and every other trustee or trustees for the tirnc being hereof are hereinafter called

" the said trustee," a11 the real and personal property and estate, of which the said

[assigaor] is possessed, or of which any person or persons in trust fur him is or are possessed, or to which he or any such person or persons is or are entitled legally or equitably in possession, reversion, remainder, or espcctancy, and which are more particularly described, so far as t he said [assignor] i.; able to set forth the same, in

the First Schedule hereto annexed, exccpt such articles of household furniture and

wearing apparel of the said [assignor] and his family, and other like necessaries, not exceeding in the whole the ~ a l u e of Thirty Pounds, as are mentioned as excepted articles in the declaration hereunto annexed, to the intent that the real and pcrsonal property and estate hereinbefore grantcd and assigned shall be held by the said trustee by virtue hereof and subject to the provisions of Part XI. of "The Insolvent Act, 18b6," with respect to assignments without ineolvency: And to the further intent that the said [assignor] shall be and he is hereby released from all debts and liabilities which, under the said Act. would have been urovabl~ under his insolvencv

had he been adjudicated insolvent on the day of the daie of thew plesents:

is hereby declared and agreed that in addition to and without any revocation, And 6

limitation, or rcst~iction whatsoever of the powers and authorities conferred upon tho

said trustee bv virtue of the said Irisolvent Act. 1836. i t shall and nlav be lawful for the said trust&, when and as to him shall seem best, t o sol1 and dispo*se of the said estate and premises hereby conveyed and assigned, or intended so to be, to any person or persons whomsoever, either by public auction or private contract, or by both such methods. and either tonether or in lots. as ro the said trustee shall seem " most adcantageous, and subject to any special or other conditions, and in such manner in all respects as the said trustee may think proper, with full power to buy in or to rescind any contract for sale, and to re-sell without being respnsi'ule for

any loss occasioned thercby, and to do, make, sign, clxecute, and deliver any act,

thing,deetl, orinstrument whatsoever that maybe iieccssary fur complctinjiany suchsale or contract,and for vesting the property sold in the purchaser or purchasers respectil-ely. And it is declared that the receipt or receipts of thc said trubtee for the property sold, or any part thereof, shall effectually discharge the puichascr or purchasers yaying the same therefrom and from being concerned as to the disposition or application thereof in any way whatsoever, And it shall also be lawful for the said trustee, as soon as conveniently may be, to collect, get in, and rcceivo all outstanding debts and sums of money whatsoever, and to make, h i p, and g i ~ e all necessary ~ece ip ts and clischarges for all monies paid to him by any peisnn or persons m hatsower; and tn pay all costs, charges, and expenses ol'thc said I ussignor], and of the said trustec of and preparatory and incidentaltothemaking,prepnration,;tntl cornpleticrri of thew presents, and all other costs, charges, and cvpcnses touching, rclating to, or conceining the esecution of the powers contained in these presents or conferred by the said Insol\ent Act. 1886,

or otherwise: And it shall also be lawful for the said trustee to retain for his own

remuneration a commission of hands, applicable for division amongst the crcditois: and after full pajment of all per centum upon the amount in hi?	such charges, expenses, ant1 comnlission as aforesaid, the said trustee shall apply and
appoition the residue of the moneys arising fiom the sale, dispodion, and getting in of the said premises he~einbcfore respccti\ely cunvoj ed and assigncd, and other the moncys coming to his hands hereunder in manner directcd in thc said YL1rt X T. of
b-Thclnsolvent Act, 1886 ": And it is 1iescLy declared that incase the moneys a~ieing
from the sale and getting in of the estate hereby conveyed and assigncd sliall be more than sufficient to satisfy the sc\cral debts and liabilities of the said [as.s~qizor

with interest as allowed by the said Act in the case of insolvency, together with a l 2 costs, charges, expenses, and commission whatsoever of or incidental to the execution

. of the trusts hercof or payable hereunder, the said trustee shall pay the surplus, if any, unto the said [assignor], his exwutors, administrators, or assigns.

I n witness whereof the said parties to these presents have hcreuato sct their hands and seals the day and p a r first before wr~tten.

Signed, sealed, and delivered by the said

the day of , 18 , i n ]

the presence of the u~dersigned A

Signed, sealed, and delivered by the said

the day of , 18 , i n \

the presence of the undersigned A

FOURTH

VICTORIB, No. ,

/

The Insolwen t Act.--1886.

FOURTH SCIIEDULE.

~ ~ ~ ~ ~ ~ t i n g warrant of seizure of goods, including in~entory and report,

where the same do not exceed five folios of seventy-two words. .....

For every additional folio ........................................

Allowancc to man in possession, per day. ...........................

stllTice of duplicate of adjudication ................................

On every arrest, in Court, of an insolvent or other person committed. con-

veying him to gaol .........................................

For the arrest of any person out of Court ..........................

For conveying the last-mentioned persons arrested to gaol, such reasonable travelling and other expenses of the person arrested as paid, and as may be allowed by the Court, in addition to mileage.

Sen.ice v£ warrant on gaoler to release imprisoned insolrent at the suit of

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

Official Assignee.. ..........................................

Ser\ice of any other warrant or process on gaoler ....................

Executing wcry search warrant ..................................

Service of any summons or other process not specially provided for. .....

]hecution of warrant or order not hereinbefore specified ..............

For every mile beyond one mile and within eight miles from the Court,

tral eiling in the se r~ ice or execution of any process of the Court, each

way ......................................................

Beyond eight miles from thc Court, such reasonable allowance as the

Court or Registrar shall make.

Commission on selling, not exceeding, per centum (including auctioneer's

charges) ..................................................

FIFTH SCHEDULE.

COUHT 'Fees.

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

Advertising ....................................... .(same as paid)

IJiling every petition ............................................

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

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

for reversal (if any), ad~ert is ing meetings for choice of trustee,

hearing on last examination, and adjourned hearings. .............

I	r
l h e likc, if made on the application or petition of the debtor ..........
, l
l h c like, if made on the petition or application of an imprisoned debtor. . For every warrant for seizure of goods. ............................
Taking recognizance of bail .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Order for discharge. ............................................. Every other order except the payment of wages. ..................... For every audit and dividend meeting, each. ..............,.......... For every hearing for special purposes, not at the instance of t'he insolvent,

and not requiring advertisin9 ................................

For every likc hearing, requiring advelti~ing, inclliding cost of advertise-

ments ....................................................

For ewry summons to the insolvent or other person ..................

For everr warrant for the apprchonsion of the insolvent or other person..

everS warrant of commitment. ................................

On the gross amount received on each estate up to the first £100, per

cent ....................................................... 2 10 0

For

49' & 50' VICTORIrE, No. 385-

The Insolvent Ac t. 1886.

For every further sum up to $400, per cent. ........................

For every sum beyond $400, per cent.. .............................

Fox every office copy of any document not exceeding five folios of seventy-

twowords ..............................................

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

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

For every certificate to an insolvent under I'art TII. .. .. .. .. .. .. .. ..

Filing every copy deed of assignment .............................

Filing every document (except orders of the Court, proofs, or declaration

of debt) ..................................................

Certificate of validity of deed of assignment ........................

Every search .................................................. For preparing schedule, two and a half per centum on every estate up to

$500, and one per centum for every additional $100.

For every private meeting ........................................

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