586
No person liable on act of bankruptcy committed more than twelve
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
but the execution creditor shall be entitled to the proceeds of the sale notwithstanding such act of bankruptcy: Provided that if the debtor be adjudged a bankrupt within fourteen days from the day of such sale the proceeds of such sale shall be paid by the creditor to the assignee under the bankruptcy, after deducting the costs and expenses of the sale and of the action and execution upon which such sale was grounded, and such sum may be recovered by the assignee from the execution creditor as if it were a debt due to the bankrupt's estate.
15. No person shall be liable to become bankrupt by reason of any act of bankruptcy committed more than twelve months prior to the filing of any petition for adjudication against him, and no adjudication shall be deemed invalid by reason of any act of bankruptcy prior to the debt of the petitioning creditor: Provided there be a sufficient act of bankruptcy subsequent to such debt.
the filing of petition.
Debtor petitioning against himself.
Court may summon witnesses before
16. If any debtor petition for adjudication against himself, under this Ordinance, otherwise than in formâ pauperis he shall be deemed to have committed an act of bankruptcy at the time of filing such petition.
17. The Court, before adjudication, may summon before it any person whom such Court shall believe capable of giving any information concerning any act of bankruptcy committed by the person against whom any petition for adjudication has been filed, and may require any person so summoned to produce any books, papers, deeds, writings and other documents in his custody, possession or power, which may appear to the Court to be necessary to establish such act of bankruptcy and the Court may examine any such person, upon oath, by word of mouth, or interrogatories in writing, concerning such act of bankruptcy.
Debtor petitioning in formâ pauperis.
Judgment creditor may sue out summons.
18. Every debtor who shall petition in formâ pauperis under this Ordinance shall, if adjudged bankrupt, be deemed to have committed an act of bankruptcy at the date of his commitment or detention as the case may be.
As to acts of Bankruptcy by non-payment after Judgment Debtor Summons, and the Proceedings thereon.
19. Any judgment creditor entitled to sue out against a debtor a writ of capias ad satisfaciendum, or to charge the debtor in execution in respect of any debt amounting to three hundred dollars, exclusive of costs, shall, upon filing an affidavit of debt in the Court, and at the end.