ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
639
be keeping out of the way or be about to quit the Colony, issue warrant.
194. (195.) If in any case it shall be proved to the satisfaction of the Court, that any bankrupt is keeping out of the way and cannot be personally served with a summons, and that due pains have been taken to effect such personal service, or that there is probable cause for believing that he is about to quit the Colony or to remove or conceal any of his goods or chattels unless he be forthwith apprehended, the Court may, by warrant, authorise and direct any person or persons it shall think fit, to apprehend and arrest such bankrupt, and bring him before the Court to be examined in like manner as if he appeared upon a summons.
195. (196.) After adjudication the Court may summon before it any person known or suspected to have any of the estate of the bankrupt in his possession or is supposed to be indebted to the bankrupt or any person the Court may believe capable of giving information concerning the person, trade, dealings or estate of the bankrupt or concerning any act of bankruptcy committed by him, or any information material to the full disclosure of his dealings: and the Court may require such person to produce any books, papers, deeds, writings or other documents in his custody or power which may appear to the Court necessary to the verification of the deposition of such person, or to the full disclosure of any of the matters which the Court is authorised to enquire into: and if such person so summoned as aforesaid shall not come before the Court at the time appointed, having no lawful impediment, (made known to the Court at the time of its sitting and allowed by it,) the Court may by warrant authorise and direct the person or persons therein named for that purpose to apprehend and arrest such person and bring him before the Court for examination.
196. (197.) Where it shall be shown by affidavit to the satisfaction of the Court that any person to whom any such summons is directed as aforesaid is keeping out of the way and cannot be personally served therewith, and that due pains have been taken to effect such personal service, the Court may order by endorsement upon the summons, that the delivery of a copy of such summons to the wife or servant or some adult inmate of the house or family of the person, at his usual or last known place of abode or business, and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to personal service, and in every such case the service of such summons in pursuance of such order shall be, and be deemed, valid.
Court empowered to summon persons suspected of having bankrupt's property,
Service of summons where person keeps out of the way.
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