ORDINANCE No. 5 of 1864.
Bankruptcy and Insolvency.
Gaoler to swear such debtor.
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sworn before the gaoler of the prison where such debtor is confined, and such gaoler is hereby empowered and required to take such affidavit and prisoner, swear the deponent thereto without fee or reward.
37. Every person so petitioning in forma pauperis as aforesaid, shall be brought up to the Court, at its next sitting after the presentation of such petition, and shall be examined by the Court touching his estate and effects, debts, dealings and transactions: and, if the Court shall be satisfied with such examination, it shall make an order of adjudication against the petitioner, and, if it think fit, may make an order for his release from prison.
38. Every adjudication against any debtor for debt, so brought up as aforesaid shall, unless the Court shall otherwise direct, have relation back to the date of his commitment or detention as the case may be: and the debtor so petitioning in forma pauperis personally, and all his estate and effects, real and personal, if he has any, shall upon the filing of such petition be subject to the order and direction of the Court in the same manner as is provided by this Ordinance in the case of a debtor unable to meet his engagements.
Petitioner to be brought up for examination.
Adjudication to have relation back to date of commitment.
39. If any such debtor shall refuse to be sworn, or to answer any lawful question of the Court or of any creditor respecting his debts, liabilities, dealings and transactions, or to make a full discovery of his estate and effects, and of all his books of account, or to produce the same, or to sign his examination when taken, the Court may by warrant commit him to gaol, there to be kept, with or without hard labour, for any time not exceeding one month, and the Court may at the same time adjudge such person bankrupt. Provided that, if after such adjudication the bankrupt shall, before the period of such commitment has expired, submit to be examined, and in all things conform to the jurisdiction of the Court, he shall have in all respects the same benefits as if he had submitted to the Court in the first instance.
Debtor refusing to be sworn.
As to Petitions by Creditors.
40. Any creditor, whose debt is sufficient to entitle him to petition under this Ordinance, may petition for adjudication against a debtor, and such petition shall be supported by the oath of the petitioner, and shall be filed of record and prosecuted in the Court as directed by this Ordinance and from and after the filing of such petition the said Court