CTHRepealedAct
Bankruptcy Act 1924
Arrest of debtor.Arrest of debtor.
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### Arrest of debtor.
E.B.A., s. 23.
N.S.W., s. 28.
Vic., s. 216.
Q., s. 72.
S.A., s. 79.
W.A., s. 23.
Tas., s. 80.
77.—(1.) The Court may, by warrant addressed to any constable or prescribed officer, cause a debtor to be arrested, and any books, papers, documents, money, and goods in his possession to be seized, and him and them to be safely kept as prescribed until such time as the Court orders, under any of the following circumstances:—
(a) If, after a bankruptcy notice has been issued under this Act, or after presentation of a petition by or against him, it appears to the Court that there is reason for believing that he has absconded or is about to abscond with a view to avoiding payment of the debt or service of or appearance to a bankruptcy petition, or examination in respect of his affairs, or otherwise with a view to avoiding, delaying, or embarrassing proceedings in bankruptcy against him:
(b) If, after presentation of a petition by or against him, it appears to the Court that there is reason for believing that he is about to remove any of his goods with a view to preventing or delaying possession being taken of them by the official receiver or trustee, or that there is reason for believing that he has concealed or destroyed, or is about to conceal or destroy, any of his goods, or any books documents or writings which might be of use to his creditors in the course of his bankruptcy:
(c) If, after service of a petition on him, or after sequestration he removes any goods in his possession above the value of Five pounds, without the leave of the official receiver or trustee:
(d) If, without good cause shown, he fails to attend any examination ordered by the Court:
Provided that no arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest is served with the bankruptcy notice.
(2.) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to preferences or fraudulent preferences.
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