192
Court may order expenses of reference to be paid out of insolvent's estate,
Court, &c., may adjudge a prisoner to be discharged from custody, and entitled to the benefit of this Ordinance.
Court may adjudge discharge, &c., to be forthwith, or not later than six months from the filing of the petition.
In certain cases discharge, &c., to be at any period not later than three years from petitioning.
ORDINANCE No. 3 of 1846.
Insolvent Debtors.
matters relating thereto: Provided that in all cases where such reference shall have been made as aforesaid it shall be lawful for the said Court, if such cause shall appear, to order all the fees and expenses of such reference, paid by any creditor or creditors, to be repaid to him, her, or them out of the first money received by the provisional or other assignee or assignees of such prisoner from or by his estate or effects.
36. And be it enacted and ordained, that after such examination of any such prisoner as herein before directed, it shall be lawful, at such hearing or adjourned hearing as aforesaid, for the said Court, upon such prisoner's swearing to the truth of his schedule, and executing such warrant of attorney as is hereinafter directed, to adjudge that such prisoner shall be discharged from custody, and entitled to the benefit of this Ordinance at such time as the said Court shall direct, in pursuance of the provisions hereinafter contained in that behalf, as to the several debts and sums of money due or claimed to be due at the time of making such vesting order as aforesaid from such prisoner to the several persons named in his schedule as creditors, or claiming to be creditors for the same respectively, or for which such persons shall have given credit to such prisoner before the time of making such vesting order as aforesaid, and which were not then payable, and as to the claims of all other persons, not known to such prisoner at the time of such adjudication, who may be indorsees or holders of any negotiable security set forth in such schedule so sworn to as aforesaid.
37. And be it enacted and ordained, that in all cases where no cause shall appear to the contrary, it shall be lawful for the said Court, according as shall seem fit, to adjudge that such prisoner shall be so discharged, and so entitled as aforesaid, forthwith, or as soon as such prisoner shall have been in custody at the suit of one or more of the persons as to whose debts and claims such discharge is so adjudicated, for such period or periods, not exceeding six months in the whole, as the said Court shall direct, to be computed from the making of such vesting order as aforesaid.
38. And be it enacted and ordained, that in case it shall appear to the said Court that such prisoner has fraudulently, with intent to conceal the state of his affairs, or to defeat the objects of this Ordinance, destroyed or otherwise wilfully prevented or purposely withheld the production of any books, papers, or writings relating to such of his affairs as are subject to investigation under this Ordinance, or kept or caused to be kept false books, or made false entries in, or withheld entries from, or wilfully altered or falsified, any such books, papers, or writings, or that such prisoner has fraudulently, with intent of diminishing the sum to be divided among his creditors, or of giving an undue preference to any of the said creditors, discharged or concealed any debt due to or from the said prisoner, or made away with, charged, mortgaged, or concealed any part of his property of what kind soever, either before or after the commencement of his or her imprisonment, then it shall be lawful for the said Court to adjudge that such prisoner shall be so discharged and so entitled as aforesaid, so soon as he shall have been in custody at the suit of some one or more of the persons as to whose debts and claims such discharge is so adjudicated, for such period or periods,