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If arrested, to be released by Judge of the Court from which process issued; who may order costs to be paid to him.
After discharge, no execution to issue against insolvent for debts, &c., to which adjudication extends.
Discharge under this Ordinance may be pleaded generally.
When debts are satisfied, the Court may order warrant of attorney to be cancelled, and satisfaction to be entered on the judgment.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
decree, or order for payment of the same, it shall be lawful for any Judge of the Court from which any process shall have issued in respect thereof, and such Judge is hereby required, upon proof made to his satisfaction that the cause of such arrest or detainer is such as hereinbefore mentioned, to release such prisoner from custody, unless it shall appear to such Judge, upon inquiry, that such adjudication as aforesaid was made without due notice, where notice is by this Ordinance required, being given to or acknowledged by the plaintiff on such process, or being by him dispensed with by the acceptance of a dividend under this Ordinance, or otherwise; and at the same time, if such Judge shall in his discretion think fit, it shall be lawful for him to order such plaintiff, or any person or persons suing out such process, to pay such prisoner the costs which he shall have incurred on such occasion, or so much thereof as to such Judge shall seem just and reasonable, such prisoner causing a common appearance to be entered for him in such action or suit.
51. And be it enacted and ordained, that after any person shall have become entitled to the benefit of this Ordinance by any such adjudication as aforesaid, no writ of fieri facias or elegit shall issue on any judgment obtained against such prisoner, for any debt or sum of money with respect to which such person shall have so become entitled, nor in any action upon any new contract or security for payment thereof, except upon the judgment entered up against such prisoner according to this Ordinance; and that if any suit or action shall be brought or any scire facias be issued against any such person, his heirs, executors, or administrators, for any such debt or sum of money, or upon any new contract or security for payment thereof, or upon any judgment obtained against, or any statute or recognizance acknowledged by such person for the same, except as aforesaid, it shall be lawful for such person, his heirs, executors, or administrators, to plead generally that such person was duly discharged according to this Ordinance by the order of adjudication made in that behalf, and that such order remains in force, without pleading any other matter specially; whereto the plaintiff or plaintiffs shall or may reply generally, and deny the matters pleaded as aforesaid, or reply any other matter or thing which may show the defendant or defendants not to be entitled to the benefit of this Ordinance, or that such person was not duly discharged according to the provisions thereof, in the same manner as the plaintiff or plaintiffs might have replied in case the defendant or defendants had pleaded this Ordinance, and a discharge by virtue thereof, specially.
52. Provided always, and be it enacted and ordained, that if at any time after any such adjudication as aforesaid shall have been made with respect to any such prisoner in pursuance of this Ordinance, it shall appear to the satisfaction of the Court that all the debts in respect of which such adjudication was made have been discharged and satisfied, it shall be lawful for such Court, upon application duly made, to direct the warrant of attorney executed by such prisoner under this Ordinance to be cancelled, or if judgment shall have been entered up thereon, to order satisfaction to be entered on such judgment, and the order of the said Court for entering up satisfaction shall be a sufficient authority to the proper officer for entering up the same.
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