Acts of bankruptcy.Acts of bankruptcy.

Acts of bankruptcy.

E.B.A., s. 1.

N.S.W., s. 4.

Vic., s. 49.

S.A., ss. 57–68.

W.A., s. 4.

Q., s. 44.

Tas., s. 5.

52. A debtor commits an act of bankruptcy in each of the following cases:—

(a) If in Australia or elsewhere he makes a conveyance or assignment of his property to trustees for the benefit of his creditors generally;

(b) If in Australia or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or of any part thereof;

(c) If in Australia or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would, under this or any other Act be void as a preference or a fraudulent preference if he became bankrupt;

(d) If with intent to defeat or delay his creditors he departs or remains out of Australia, or out of a State, or departs from his dwelling-house or usual place of business, or otherwise absents himself, or begins to keep house;

(e) If execution against him has been levied by seizure of his goods under process in an action in any Court, or in any civil proceeding in any Court, and the goods have been

either sold or held by the sheriff for seven days or if any such execution has been issued against him and has been returned unsatisfied:

Provided that, where an interpleader summons has been taken out in regard to the goods, the time elapsing between the date on which the summons is taken out and the date on which the proceedings on such summons are finally disposed of, settled or abandoned, shall not be taken into account in calculating the period of seven days;

(f) If he has been adjudged or declared bankrupt or insolvent by any Court in the King’s Dominions out of the Commonwealth having jurisdiction in bankruptcy or insolvency, in which case it shall not be necessary to produce any other evidence of the act of bankruptcy than a duly certified copy, under the seal of the Court, of the order of adjudication by which the debtor was declared or adjudged bankrupt or insolvent;

(g) If, at any meeting of creditors, he consents to present a petition under this Part of this Act for the sequestration of his estate, and he does not, within forty-eight hours from the date of his consent, present the petition;

(h) If, at any meeting of creditors, he admits that he is in insolvent circumstances and is requested by a resolution of a majority of the creditors present at the meeting to surrender his estate for administration in accordance with this Act, and he refuses so to surrender his estate;

(i) If he files in the Court a declaration of his inability to pay his debts, or presents a bankruptcy petition against himself;