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Bankrupt or arranging debtor guilty of gambling, etc. 25.(1) Any person adjudged bankrupt, and any person who shall have presented a petition for arrangement with his creditors in pursuance of the Act of 1857 as amended by the Act of 1872, shall be deemed guilty of a misdemeanour, and, on conviction thereof, shall be liable to be imprisoned for any term not exceeding two years, if, having been engaged in any trade or business, and having outstanding at the date of the presentation of a bankruptcy petition against or by him, or the presentation of a petition for arrangement by him, any debts contracted in the course and for the purposes of such trade or business (a)he has, within two years prior to the presentation of such petition materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations, and such gambling or speculations are unconnected with his trade or business; or (b)he has, between the date of the presentation of such petition and the date of adjudication of bankruptcy, or the date on which his proposed arrangement was approved by the court, as the case may be, lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid; or (c)on being required by the official assignee or trustee in the bankruptcy at any time, or in the course of any sitting by the court, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of the presentation of the bankruptcy petition, or petition for arrangement with his creditors, or between that date and the date of the adjudication of bankruptcy, or the date on which his proposed arrangement was approved by the court, as the case may be, he fails to give a satisfactory explanation of the manner in which such loss was incurred: Provided that, in determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration. [(2) No proceedings shall be instituted for an offence under this section except by or with the consent of the Attorney General; ...]
© 1929 Crown Copyright
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