ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
ruptcy; and, if any adjudication shall have been made upon such petition, the Court may either declare such adjudication to be valid and direct the same to be proceeded in; or may order it to be annulled and a new petition for adjudication to be filed, which may be supported either by proof of such last mentioned or any other act of bankruptcy.
585
Petitions for adjudication
Colony.
12. The filing of a petition by a debtor for relief as an insolvent debtor, after the passing of this Ordinance in any Court having jurisdiction for the relief of insolvent debtors in any of Her Majesty's Dominions, colonies, or dependencies, shall be evidence of an act of bankruptcy committed by the debtor at the date of such petition; and the filing of a petition, in any of the said Courts, after the passing of this Ordinance against a debtor for adjudication of insolvency, or bankruptcy, followed by such an adjudication shall together with such adjudication be evidence of an act of bankruptcy committed by the debtor at the date of the filing of such petition.
escaping out
of prison.
13. If any debtor, having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall, upon such or any other arrest, or commitment for debt, or non-payment of money, or upon any detention for debt lie in prison fourteen days, or having been arrested for any cause shall lie in prison as aforesaid after any detainer for debt lodged against him and not discharged; every such debtor shall thereby be deemed to have committed an act of bankruptcy from the time of such arrest, commitment or detainer: or, if any such debtor having been arrested, committed or detained for debt shall escape out of prison or custody, every such debtor shall be deemed to have committed an act of bankruptcy from the time of such arrest, commitment or detention: but no debtor shall be adjudged bankrupt on the ground of having laid in prison as aforesaid, unless having been summoned he shall not offer such security for the debt or debts in respect of which he is imprisoned or detained as the Court shall see fit: and when such debtor is in custody such summons shall be delivered to the person in whose custody he is, who shall bring him up according to the summons, at the cost of such person as the Court shall determine.
14. If the goods or chattels of any debtor be seized and sold under an execution issued in any action for the recovery of any debt or money demand exceeding three hundred dollars, such debtor shall be deemed to have committed an act of bankruptcy from the date of the said seizure;
Debtor suffering execution to be levied on his goods.