Chapter XXX: Act 1869: ), contains a series of important provisions for the punishment of

fraudulent bankrupts. Under these provisions the laws of the two countries on that subject are practically assimilated, although some minor differences still survive. One of the most important of these differences is, that while the Scottish act makes the failure, within the three years prior to the sequestration, to keep "such books and accounts as, according to the usual course of any trade or business in which he (the debtor) may have been engaged, are necessary to exhibit or explain his transactions" a criminal offence, the English act contains no provision of an analogous character; the non-keeping of such books being treated as a fact to be taken into account in dealing with the debtor's application for his discharge but not coming within the scope of the criminal law. On the other hand, there are a few minor trading irregularities dealt with in the English act which are not specifically included in that of Scotland. Another important distinction is that under the Scottish act the same offences may be treated differently, according as they are brought for trial before the court of justiciary or a sheriff and jury, in which case the maximum penalty is two years' imprisonment; or before a sheriff without a jury, in which case the penalty is limited to imprisonment for a period not exceeding sixty days. This distinction admits of a useful elasticity in the administration of the law, having regard to the comparative importance of the case, which is hardly possible under the English act.

Another most important modification of the law is effected by the Debtors