ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
to the common gaol, there to remain without bail or mainprize until such time as he shall submit himself to the order of the said Court in that behalf, and shall answer upon oath or otherwise, as shall be required, to all such lawful questions as shall be put to him in pursuance of the same for the purposes aforesaid.
57. And be it enacted and ordained, that in case any prisoner whose estate shall, by an order under this Ordinance, have been vested in the said provisional assignee, shall, with intent to defraud the creditors or creditor of such prisoner, wilfully and fraudulently omit in his schedule, so sworn to as aforesaid, any effects or property whatsoever, or retain or except out of such schedule, as wearing apparel, bedding, working tools and implements, or other necessaries, property of greater value than twenty pounds, every such person so offending, and any person aiding and assisting him to do the same, shall, upon being thereof convicted by due course of law, be adjudged guilty of a misdemeanour, and thereupon it shall be lawful for the Court before whom such offender shall have been so tried and convicted to sentence such offender to be imprisoned and kept to hard labour for any period of time not exceeding three years; and that in every indictment or information against any person for any offence under this Ordinance, it shall be sufficient to set forth the substance of the offence charged on the defendant, without setting forth the petition, or order vesting such prisoner's estate in the provisional assignee, appointment of assignee or assignees, or balance sheet, order for hearing, adjudication, order of discharge or remand, or any warrant, rule, order, or proceeding of or in the said Court, except so much of the schedule of such prisoner as may be necessary for the purpose.
58. And be it enacted and ordained, that if any prisoner or other person taking an oath under the provisions of this Ordinance shall wilfully forswear and perjure himself in any oath to be taken under this Ordinance, and shall be lawfully convicted thereof, the person so offending shall suffer such punishment as may by law be inflicted on persons convicted of wilful and corrupt perjury; and that in all cases wherein by this Ordinance an oath is required, the solemn affirmation of any person, being a Quaker or other person by law allowed to affirm, shall and may be accepted and taken in lieu thereof; and that every person making such affirmation who shall be convicted of wilful false affirmation shall incur and suffer such and the same penalties as are inflicted and imposed upon persons convicted of wilful and corrupt perjury.
59. And be it enacted and ordained, that if any person who shall at any time be a prisoner in any such prison as aforesaid, upon any such process as aforesaid, shall be or become of unsound mind, and therefore incapable of taking the benefit of this Ordinance in such manner as he or she might have done if of sound mind, the gaoler or keeper of such prison shall forthwith require one or more Justice or Justices to attend at the said prison, and inquire into the state of mind of such prisoner; and thereupon, and also in case any such Justice or Justices shall receive information by other means, that any such prisoner is of unsound mind as aforesaid, such Justice or Justices shall go to the said prison, and by his or their own view, and by examination
Page 201
Persons wilfully omitting anything in the schedule, guilty of a misdemeanour, and liable to three years' imprisonment.
Indictment need only set out substance of offence charged.
Persons swearing falsely under this Ordinance liable to punishment inflicted for perjury.
Mode of proceeding with prisoners of unsound mind.