The Insolvent Act of 1864 With Notes Together With the Rules of Practice And T

Cover The Insolvent Act of 1864 With Notes Together With the Rules of Practice And T
The Insolvent Act of 1864 With Notes Together With the Rules of Practice And T
J J C John Joseph Caldwell Abbott
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4-18.
4. IV/io shall not afterwards Jiave paid — As the proceeding contemplated by this clause — and the remedy it gives^ are rather civil than criminal — and rather intended to enforce payment than to punish the debtor ; he may relieve himself from them by paying the debt.
5. Unless the debt and costs be sooner paid — See last note.
6. Every member thereof who sliall not prove himself to be ignorant of — That is to say, that after the fraudulent act has been brought home to one of the partners
..., the burden of proof as to the complicity or innocence of the others is shifted upon them. This would seem harsh, hut tlie law appHes only to cases where the debt is incurred on behalf of the partnership, and where a presumption therefore fairly arises against the partners, as havina' profited by the transaction.
7. That in the suit or proceeding— the defendant be charged ivith the fraud— This requires specific allegations to be made in the declaration, charging the defendant with the fraud : and in Lower Canada, an appropriate conclusion also, demanding a judicial declaration of guilt, and the con- demnation of the accused to the term of imprisonment considered adequatft to the circumstances.


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