586 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
but the execution creditor shall be entitled to the proceeds of the sale
notwithstanding such act of bankruptcy : Provided that if the debtor be
adjudged a bankrupt within fourteen days from the day of such sale the
proceeds of such sale shall be paid by the creditor to the assignee under
the bankruptcy, after deducting the costs and expenses of the sale and of
the action and execution upon which such sale was grounded , and such
sum may be recovered by the assignee from the execution creditor as if it
were a debt due to the bankrupt's estate.
No person 15. No person shall be liable to become bankrupt by reason of any act
liable on act
of bankruptcy of bankruptcy committed more than twelve months prior to the filing of
committed
more than any petition for adjudication against him, and no adjudication shall be
twelve
months before deemed invalid by reason of any act of bankruptcy prior to the debt of the
the filing of
petition. petitioning creditor : Provided there be a sufficient act of bankruptcy
subsequent to such debt.
Debtor 16. If any debtor petition for adjudication against himself, under
petitioning
against this Ordinance, otherwise than in forma pauperis he shall be deemed to
himself.
have committed an act of bankruptcy at the time of filing such petition.
Court may
summon 17. The Court, before adjudication, may summon before it any person
witnesses
whom such Court shall believe capable of giving any information con
before
adjudication. cerning any act of bankruptcy committed by the person against whom
any petition for adjudication has been filed , and may require any person
so summoned to produce any books, papers, deeds, writings and other
documents in his custody , possession or power, which may appear to the
Court to be necessary to establish such act of bankruptcy and the Court.
may examine any such person, upon oath, by word of mouth , or inter
rogatories in writing, concerning such act of bankruptcy.
Debtor
18. Every debtor who shall petition in formâ pauperis under this
petitioning in
forma pau Ordinance shall, if adjudged bankrupt, be deemed to have committed an
peris.
act of bankruptcy at the date of his commitment or detention as the case
may be.
As to acts of Bankruptcy by non-payment after Judgment Debtor Summons,
and the Proceedings thereon.
Judgment 19. Any judgment creditor entitled to sue out against a debtor a
creditor may
sue out sum writ of capias ad satisfaciendum, or to charge the debtor in execution in
mons.
respect of any debt amounting to three hundred dollars, exclusive of
costs, shall, upon filing an affidavit of debt in the Court, and at the end