permission by this Act authorized or required to be done or given by the committee may be done or given by the Board of Trade on the application of the trustee (sect. 22; see also post, p. 88).

SECTION 6.

OF THE DISQUALIFICATIONS OF A BANKRUPT.

The disqualifications attaching to a debtor who has been adjudged bankrupt have already been touched upon, ante, pp. 11, 12. It was there shown that such bankrupt is rendered incapable of being elected to, or sitting or voting in parliament, or being appointed or elected to act as a justice of the peace, mayor, alderman, and in certain other offices; and special provisions are inserted with regard to the vacating of the seat in the House of Commons, and the issue of a new writ when a sitting member is adjudged bankrupt. But it will be remembered the disqualifications to which a bankrupt is subject under the law are removed (1) if the adjudication of bankruptcy is annulled (see post, p. 53), and (2) if the bankrupt obtains from the Court his discharge with a certificate to the effect that his bankruptcy was caused by misfortune without any misconduct on his part (sects. 32-34). Further, by sect. 147 of the Act, where a bankrupt is a trustee within the Trustee Act, 1850, sect. 32 of that Act will have effect, so as to authorize the appointment of a new trustee in substitution for the bankrupt, whether voluntarily resigning or not, if it appears expedient to do so; and all the provisions of that Act will have effect accordingly.

SECTION 7.

OF THE DISCHARGE OF A BANKRUPT, AND THE PUNISHMENT OF FRAUDULENT DEBTORS.

Discharge of Bankrupt. A bankrupt may, at any time after being adjudged bankrupt, apply to the Court for an order of discharge; but no application of this kind can be heard until the public examination of the bankrupt (see ante, p. 33) is concluded. The application shall be heard in open Court on a day appointed for the purpose, and notice of the appointment by the Court of the day of hearing is to be published in the prescribed manner, and sent to each creditor who has proved, fourteen days at least before the day so appointed (sect. 28).

At the hearing the Court shall take into consideration a report of the official receiver as to the bankrupt's conduct and affairs, and may put such questions to the debtor and receive such evidence as it may think fit. It may then (1) either grant or refuse an absolute order of discharge; or (2) suspend the operation of the order for a specified time; or (3) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt, or with respect to his after-acquired property.

Refusal of Discharge. But the Court shall in all cases refuse the discharge where a bankrupt has committed any misdemeanour under the Act or Part 2 of the Debtors Act, 1869, or any amendment thereof.

Discharge granted on Conditions, &c. And the Court will either refuse an order, or suspend its operation for a specified time, or grant it subject to conditions on proof of any of the following facts:—

(1) That the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him, and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his bankruptcy :

(2) That the bankrupt has continued to trade after knowing himself to be insolvent :

(3) That the bankrupt has contracted any debt provable in bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof shall lie on him) of being able to pay it:

(4) That the bankrupt has brought on his bankruptcy by rash and hazardous speculations or unjustifiable extravagance in living:

(5) That the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him:

(6) That the bankrupt has within three months preceding the date of the receiving order, when unable to pay his debts as they become due, given an undue preference to any of his creditors:

(7) That the bankrupt has on any previous occasion been adjudged bankrupt, or made a statutory composi

tion or arrangement with his creditors, or has been guilty of any fraud or fraudulent breach of trust.

The Court may at the hearing hear the official receiver and the trustee and also any creditor. And for the purpose of any of the circumstances above set out the report of the official receiver shall be primâ facie evidence. As one of the conditions above referred to the Court may "require the bankrupt to consent to judgment being entered against him by the official receiver or trustee for any balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge; but in such case execution shall not be issued on the judgment without leave of the Court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available for payment of his debts" (sect. 28, sub-s. 6).

Further, in either of the following cases :

(1) In the case of a settlement made before and in consideration of marriage, where the settlor is not, at the time of making the settlement, able to pay all his debts without the aid of the property comprised in the settlement; or

(2) In the case of any covenant or contract made in consideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest (not being money or property of or in right of his wife). If the settlor is adjudged bankrupt, or compounds, or arranges with his creditors, and it appears to the Court that such settlement, covenant or contract was made in order to defeat or delay creditors, or was unjustifiable having regard to the state of the settlor's affairs at the time when it was made, the

Court may refuse or suspend an order of discharge, or grant an order subject to conditions, or refuse to approve a composition or arrangement as the case may be, in like manner as in cases where the debtor has been guilty of fraud (sect. 29).

The Debtors Act, 1869. Part 2 of the Debtors Act, 1869 (32 & 33 Vict. c. 62) above mentioned provides, that "any person adjudged bankrupt, and any person whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869, shall in each of the cases following, be deemed guilty of a misdemeanour, 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:

1. If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee adminstering 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:

2. If he does not deliver up to such trustee, or as he directs, 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 he had no intent to defraud:

3. If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to his property or affairs, unless the jury is satisfied he had no intent to defraud: