596

No. 7 of 1891.

Proceedings

for and on

BANKRUPTCY.

(7) In the case of the death of the debtor or his wife or of a witness whose evidence has been duly taken under this Ordinance, the deposition of the person so deceased, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall in all legal proceedings be admitted as evidence of the matters therein deposed to, saving all just exceptions.

Discharge of bankrupt.

27.-(1) A bankrupt may, at any time after being adjudged bankrupt, apply to the court for an order of discharge, and the court shall appoint a day for hearing the application, but the application shall not be heard until the public examination of the bankrupt is concluded. The application shall be heard in open court.

53 & 54 Vict. c. 71, s. 8.

First

Schedule.

The

(2) Where the bankrupt does not of his own accord, within such time as the court may deem reasonable, apply for his discharge, the court may, of its own motion or on the application of the trustee or of any creditor who has proved, make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the court, and, on due service of the order, if the bankrupt does not appear on the day fixed thereby, the court may make such order as it thinks fit, subject to the provisions of this section.

(3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the court, subject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after-acquired property: Provided that the court shall refuse the discharge in all cases where the bankrupt has committed any misdemeanor under the Ordinance, and shall, on proof of any of the facts hereinafter mentioned, either refuse the order, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any such conditions as aforesaid.

(4) The facts hereinbefore referred to are-

(a) that the bankrupt, with intent to conceal the true state of his affairs, has omitted to keep such books of account as

* As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.

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