204 ORDINANCE No. 3 OF 1846 .
Insolvent Debtors.
Justice of the Peace, sheriff, gaoler, keeper of prison , and other person may plead the
general issue, and give this Ordinance and the special matter in evidence ; and if the
plaintiff be nonsuited, or discontinue his or her action, or a verdict shall pass against
him or her, or judgment shall be had for the defendant upon demurrer, the defendant
shall have treble costs .
What shall be 64. And be it enacted, that in all rules, orders, warrants, and other proceedings
sufficient to be
set forth in the
rules and pro of the said Court under this Ordinance, it shall be sufficient to set forth such rule, order,
ceedings of the
Court. or warrant, or in case of a warrant for the apprehension or detention of any person for
a contempt in disobeying any order or rule of the said Court, or for the apprehension or
detention of any person for the appearance of such person before the said Court,
according to this Ordinance, or for the enforcing any rule or order of the said Court,
it shall be sufficient to set forth such rule or order, and the warrant thereon, and that
the insolvent in any order, rule, warrant, or other proceeding mentioned , has been duly
discharged, under this Ordinance, if he has been so discharged, or if he has not been
so discharged, that he has applied by petition to the said Court for his or her discharge
from custody, according to the provisions of this Ordinance, without setting forth in
any such order, rule, warrant, or other proceeding, the petition , order vesting the estate
of any such prisoner in the provisional assignee, appointment of assignee or assignees ,
or the schedule, balance sheet, order for hearing, adjudication, order for discharge, or
any other rule, order or proceeding of or in the said Court, or any part thereof except
as aforesaid.
Before whom 65. And be it enacted and ordained, that all affidavits to be used before the said
affidavits are to
be sworn.
Court, or any officer of the said Court, or any examiner appointed as aforesaid under
this Ordinance, shall and may be sworn before the said Court, or any commissioner
appointed by the said Court for the purpose of taking affidavits, or before a Magistrate
of the said Colony.
What shall be
paid for inser 66. And be it enacted and ordained, that the sum of three shillings and no more
tion ofadvertise
ments. shall be paid to any printer or proprietor of any newspaper for the insertion of any
advertisement by this Ordinance directed to be inserted in any newspaper ; and all
printers and proprietors of newspapers are hereby required to insert the same, on
payment of the said sum of three shillings for the insertion thereof, in such form as
the said Court shall from time to time direct.
Power to Court, 67. And be it further enacted and ordained , that the Chief Justice of the said
with the advice
ofthe Legislative Court may from time to time, with the advice and approval of the Legislative Council
Council, to make
rules and orders of the said Island , make all such rules and orders as may be necessary for carrying
and settle scale of
fees.
this Ordinance into operation and effect within the said Colony, as also from time to
time, with such advice and approval, to settle such scale or scales of fees and charges
as may seem expedient with relation to the said Ordinance, and all things and acts to
be done thereunder.
Construction of 68. And be it further enacted and ordained, that whenever this Ordinance hath
Ordinance.
used words importing the singular number or the masculine gender it shall be