ORDINANCE No. 3 OF 1846 . 199
Insolvent Debtors.
same ; and that if in any case it shall appear to the satisfaction of the said Court that And a re-assign
ment to be
after the debts of any such prisoner shall have been so discharged and satisfied as executed.
aforesaid, there shall remain in the possession, or subject to the control of his or her
assignee or assignees, any property of any kind or description whatsoever which has
come to such assignee or assignees , or to which he or they may claim title, by virtue
of the order made in that behalf, or otherwise by virtue of his or their office of
assignee or assignees, it shall be lawful for the said Court, on application duly made,
to order that all such property so remaining as aforesaid shall be vested in the person
whose debts shall have been so satisfied and discharged, or his heirs, executors,
administrators, or assigns ; and such order shall have the effect of vesting the same
accordingly; and that any deed of release to be recorded in the said Court, by which
any such debt or debts shall be released or discharged, shall not be liable to any
stamp duty.
53. And whereas it may sometimes happen that a of, or claim upon, or Where error in
schedule without
balance due from such prisoner as aforesaid, may be specified in his schedule so sworn frau 1, this
Ordinance to
to as aforesaid at an amount which is not exactly the actual amount thereof, without operate upon the
actual amount of
debt ;
any culpable negligence or fraud, or evil intention on the part of such prisoner ;
Be it enacted and ordained, that in such case the said prisoner shall be entitled to all
and every benefit and protection of this Ordinance ; and the creditor in that behalf shall
be entitled to the benefit of all the provisions made for creditors by this Act,* in respect [* Ordinance.]
of the actual amount of such debt, claim, or balance, and neither more nor less than
the same, to all intents and purposes , such error in the said schedule notwithstanding.
54. And be it further enacted and ordained, that every such adjudication as Adjudication and
order to be final.
aforesaid by the said Court as aforesaid, with respect to any prisoner, and the order unless obtained
on false
thereupon, so made as aforesaid , shall be final and conclusive, and shall not be received evidence, &c.,
in which case
Court may order
by the said Court unless the said Court shall thereafter see good and sufficient cause to a re-hearing.
believe that such adjudication has been made on false evidence , or otherwise improperly
made or fraudulently obtained ; in which case it shall be lawful for the said Court,
upon the application of such prisoner, or of any creditor of such prisoner, to order such
prisoner, upon due notice to be given to such persons, and in such manner as the said
Court shall direct, to attend , or to be brought up, and the said matter to be re-heard
before the said Court, as the case may require, who shall thereupon re-hear the same,
and shall and may, if just cause shall appear, annul the original adjudication and
order thereupon made in such case, and shall have the same powers and authorities
upon such re-hearing as upon any original hearing in pursuance of this Ordinance,
and may adjudicate in such matter accordingly ; and thereupon , in case the former
adjudication in the said matter shall not be confirmed, such order, certificate, and
warrant shall be made as required by this Ordinance to be made upon such original
adjudication ; and the said Court shall and may, if necessary, remand the said prisoner
to the same custody in which he was at the time of the former hearing of the matters
of his petition, there to be subject to imprisonment as if the former adjudication
therein had not been made ; and thereupon all detainers which where in force against