622 ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
to , such debt, and may make such order as to the costs of any application
in that behalf as it shall see fit.
Order of 138. Fourteen days after any bankrupt, shall have passed his last
discharge .
examination, the Court may make an order to be called an order of dis
charge, and such order shall thereupon take effect from the date thereof
except the same be suspended as hereinafter provided .
To discharge 139. When the order of discharge shall take effect it shall , subject
bankrupt
from all to any condition mentioned therein , discharge the bankrupt from all debts ,
claims prov
able under claims and demands provable under his bankruptcy, and from the effects
his bank
ruptcy. of any process issuing out of any Court for contempt of any Court for
non-payment of money, or of costs or expenses in any Court, and from all
costs which he would be liable to pay in consequence of or on purging his
contempt and any bankrupt in custody under any such process as afore
said shall on obtaining his discharge be entitled to be discharged from such
custody forthwith.
Bankrupt not 140. No bankrupt after the order of discharge shall take effect shall
liable under
contracts, &c., be liable to pay or satisfy any debt , claim or demand provable under the
made after
filing petition bankruptcy, or any part of such debt, claim or demand upon any contract ,
for adjudica
tion. promise or agreement made after the filing of the petition for adjudication.
If bankrupt 141. If the assignee or any creditor shall allege, and if the Court
guilty of
misdemeanor, without such allegation shall be of opinion , that there is ground for
Court may
suspend or charging the bankrupt with acts or conduct amounting to a misdemeanor
refuse order
of discharge. under this Ordinance , the Court may direct the Attorney General to
prosecute such bankrupt under this Ordinance ; and in any such case the
order of discharge of such bankrupt shall not be granted until after the
trial of such bankrupt, and may thereupon be granted or wholly refused
or suspended from taking effect or be granted upon such conditions as the
Court shall think fit.
If bankrupt 142. If it shall appear to the Court that the bankrupt has carried
carried on
trade by ficti on trade by means of fictitious capital, or that he could not at the time
tions capital,
Court may when any of his debts were contracted have had any reasonable or prob
refuse or
suspend order. able ground of expectation of being able to pay the same, or that he has
with intent to conceal the true state of his affairs wilfully omitted to keep
proper books of account, or that his bankruptcy is attributable to rash
and hazardous speculation or unjustifiable extravagance in living, or that
he has put any of his creditors to unnecessary expense by frivolous or