Ex parte Henry Bunny Henry Bunny, a Bankrupt
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 18 July 1857 |
| Date | 18 July 1857 |
English Reports Citation: 44 E.R. 743
BEFORE THE LORDS JUSTICES.
[309] Ex parte heney bunny. In the Matter of henry bunny, a Bankrupt. Before the Lords Justices. July 3, 18, 1857. A trader's remaining abroad, with intent to defeat or delay his creditors, is, under the 67th section of the Bankrupt Law Consolidation Act, a continuing act of bankruptcy, whether his going abroad was or was not an act of bankruptcy. Where, therefore, a trader went abroad with intent to delay his creditors, so that his departure was an act of bankruptcy, and remained abroad with the same intent, and a petition for adjudication was filed more than twelve months after his leaving England: Held, that as he had, within twelve months before the filing of the petition, been remaining abroad, with intent to delay his creditors, the adjudication was not invalidated by sect. 88 of the Act. An action brought by a bankrupt in a British colony, in which action he disputes the validity of the adjudication, is a proceeding which, under the 233d section of the Act, will keep alive his right to dispute the adjudication. The Court refused to annul an adjudication on the ground of the objection that the bankrupt, having gone abroad, had not, within six months before the petition for adjudication was presented, either resided or traded within the district of the Court in which it was filed, so that the petition could not be in the form prescribed by the 89th sect, of the Bankrupt Law Consolidation Act. This was a petition by the bankrupt, a solicitor of Newbury, Berks, to annul the adjudication, on the grounds-1. That the petition for adjudication was not in the form prescribed by the statute. 2. That no act of bankruptcy had been committed within twelve months before adjudication. 3. That there was no good Petitioner's debt. 4. That the Petitioner was not a trader liable to become bankrupt. The Petitioner left England, with his family, on 9th November 1853, in insolvent circumstances and heavily indebted, and went to New Zealand. His creditors had full notice of his departure soon after it took place, for a meeting of them was called in the same month. [310] On 12th March 1855, a petition for adjudication was presented, and Mr. Bunny was on the same day adjudged a bankrupt. The petition stated that the bankrupt had " carried on business for three years and upwards next immediately preceding the day of November 1853, within the district of this honourable Court, that is to say, at Newbury aforesaid ;" not following, as of course it could not follow, the form, prescribed by Schedule (M.) to the Bankrupt Law Consolidation Aet, which runs, "having resided [or...
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