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If petitioning debtor do not attend sittings of the Court, or if he do not file account, &c., petition to be dismissed; and if at first sitting proposal be not assented to, or if he has not made true discovery, &c., Court may adjudge him bankrupt, &c. 353. If such petitioning [debtor] shall not duly attend the sittings of the Court, or if he shall not file his [account] [statement of affairs] in manner aforesaid within [the prescribed period or] such extended time as may be allowed him by the Court for such purpose, or if he shall fail to obey any order of the Court which may be made in the matter of his petition, such petition may be dismissed; and if at the first private sitting of the Court or at any adjournment thereof the proposal of the petitioner or some modification thereof be not assented to, or if at any time after the filing of any petition for protection, if it shall be shown that the affidavit filed with his petition was wilfully untrue so far as concerned the assets ready to be produced by him, or that he has not made a full disclosure of his debts and credits, estate and effects, and is not desirous of making a bona fide arrangement with all his creditors, or that his proposal to that effect is not reasonable and proper to be executed under the direction of the Court, or if within three months of the time of presenting his petition he shall have assigned, transferred, or made away with any portion of his estate or effects otherwise than in due course, or shall have voluntarily done or suffered any act where his goods shall have been taken in execution, it shall be lawful for the Court to adjudge such petitioner a bankrupt, and to adjourn all further proceedings in the matter into the public court, and to advertise such adjudication, and appoint sittings for choice of assignees and for [last] examination as in bankruptcy; and such petitioner shall thenceforth be amenable to the jurisdiction of the Court in the same manner as any other bankrupt, and any proposal which may have been made or assented to or confirmed shall be wholly and altogether void; and the Court shall have power at any time, on the application of [the official assignee or] any creditor, to appoint a private sitting for the purpose of inquiry, and may summon before it such petitioning [debtor] or any other person, and examine him upon oath touching such matters; and every such summons and examination shall be enforced in such manner as summonses and examinations are enforced in matters of bankruptcy.
© 1857 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/ibaia1857311/s353.html