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Report No. 26

42. Effect of fraudulent settlements on discharge.-In either of the following cases, that is to say,-

(a) in the case of a settlement made before and in consideration of marriage where the settler 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

(b) in the case of any covenant or contract made in consideration of marriage for the future settlement, on or for the settler'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 settler is adjudged insolvent or compounds or arranges with his creditors, and it appears to the court that the settlement, covenant or contract was made in order to defeat or delay creditors, or was unjustifiable having regard to the state of the settler'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.

[New] [Section 44, P.T.A.]

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