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Punishment of Fraudulent debtors.
20 & 21 Vict. c. 60.
35 & 36 Vict. c. 58.
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11. Any person adjudged bankrupt, and any person who shall have presented a petition for an arrangement with his creditors, in pursuance of the Irish Bankrupt and Insolvent Act, 1857, as amended by the Bankruptcy (Ireland) Amendment Act, 1872, shall, in each of the cases following, be deemed guilty of a misdemeanor, and on conviction thereof, shall be liable to be imprisoned for any time not exceeding two years, with or without hard labour; that is to say,—
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1. If he does not, to the best of his knowledge and belief, fully and truly discover to the court, or to the assignee or assignees, or to such person or persons as the court shall from time to time direct, or to the trustees or trustee (if any) administering his estate for the benefit of his creditors, all his property, real and personal, and how, and to whom and for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade (if any), or laid out in the ordinary expense of his family, unless the jury is satisfied that he had no intent to defraud :
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2. If he does not deliver up to the assignees or to said trustees or trustee (if any), or as they or he or the court shall direct, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that be had no intent to defraud :
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3. If he does not deliver up to the assignees or to said trustees or trustees (if any), or as they or the court shall direct, all books documents, papers, and writings in his custody or under his control relating to his property or affairs, unless the jury is satisfied that he had no intent to defraud :
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4. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he conceals any part of his property to the value of ten pounds or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud :
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5. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he fraudulently removes any part of his property of the value of ten pounds or upwards :
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6. If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud :
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7. If, knowing or believing that a false debt has been proved by any person under the bankruptcy or arrangement, he fail for the period of a month to inform the assignees or one of them, or such trustee or trustee (if any) thereof :
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8. If after the presentation of a bankruptcy petition by or against him, or after the presentation of a petition for arrangement by him, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
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9. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for an arrangement by him, or within four months next before such presentation respectively, he conceals, destroys, mutilates, or falsifies, or is privy to the concealment, destruction, mutilation, or falsification of any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
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10. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law :
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11. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or within four months next before such presentation respectively, he fraudulently parts with, alters, or makes any omission or is privy to the fraudulently parting with, altering, or making any omission, in any document affecting or relating to his property or affairs :
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12. If after the presentation of a bankruptcy petition against or by him, or after the presentation of a petition for arrangement by him, or at any meeting of his creditors within four months next before such presentation respectively, he attempts to account for any part of his property by fictitious losses or expenses :
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13. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, by any false representation or other fraud, has obtained any property or credit and has not paid for the same :
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14. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless the jury is satisfied that he had no intent to defraud :
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15. If within four months next before the presentation of a bankruptcy petition against or by him, or next before the presentation of a petition for arrangement by him, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud :
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16. If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or arrangement.
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