ORDINANCE No. 5 OF 1864 . 597
Bankruptcy and Insolvency.
duly appointed , such of the aforesaid estate as shall remain unsold or
unconveyed, shall , by virtue of such appointment vest in the new assignee
or assignees , either alone or jointly with the existing assignee as the
case may require, without any conveyance for that purpose.
56. Nothing in this Ordinance contained shall extend to entitle the assignee or Assignees not
entitled to bank
assignees of the estate and effects of any bankrupt being or having been an officer of rupts pension,
&c., but Court
may order part
the Army or Navy or an officer or clerk or otherwise employed or engaged in the service thereoffor bene
fit of creditors.
of Her Majesty in any Civil or Military office, or being otherwise in the enjoyment of
any pension whatever under any Department of Her Majesty's Government, to the pay,
half-pay, salary, emoluments, or pension of any such bankrupt for the purposes of this
Ordinance : Provided that the Court may order such portion of the pay, half-pay,
salary, emoluments or pension of any such bankrupt, as on communication from the
said Court, the Secretary at War, or the Lords Commissioners of the Admiralty, or the
Commissioners of Excise, or the Chief Officer of the Department to which such bankrupt
may belong or have belonged , may officially consent to in writing, to be paid to such
assignee or assignees, in order that the same may be applied in payment of the debts
of such bankrupt : and such order and consent being lodged in the office of Her Majesty's
Paymaster General, or of any other officer or person appointed to pay or paying any
such pay, half-pay, salary, emoluments or pension , such portion of the said pay, half
pay, salary, emoluments or pension as shall be specified in such order and consent shall
be paid to the said assignee or assignees until the said Court shall make order to the
contrary. [ Repealed by Ordinance No. 9 of 1864 and new section substituted.]
57. If the bankrupt be not in prison or custody at the date of the If bankrupt
be not in pri
adjudication he shall be free from arrest or imprisonment by any creditor son or custo
dy, to be free
in coming to surrender, and after such surrender for such further time
. from arrest in
coming to
as shall be allowed him for finishing his examination , and for such time surrender,
&c., and if in
after his examination until his discharge be allowed, as the Court shall from prison may be
brought up by
time to time by endorsement upon the summons of such bankrupt think warrant to be
examined or
fit to appoint : and whenever any bankrupt is in prison or in custody to surrender,
and if in pri
under any process , attachment, execution, commitment or sentence , the son for debt
the Court
Court may, by warrant directed to the person in whose custody he is may, except
in certain ca
confined , cause him to be brought before it at any sitting either public or ses, order re
lease.
private, and if he be desirous to surrender he shall be so brought up, and
the expense thereof shall be paid out of his estate, and such person shall
be indemnified by the warrant of the Court for bringing up such
bankrupt and where any person who has been adjudged bankrupt
and has surrendered and obtained his protection from arrest , is in
prison or custody for debt at the time of his obtaining such protection ,
the Court may, except in the cases hereinafter mentioned , order his