ORDINANCE No. 5 of 1864 . 623
Bankruptcy and Insolvency.
vexatious defence to any action or suit to recover any debt or money due
to him , the Court may either refuse an order of discharge or may suspend
the same from taking effect for such time as it shall think fit, or may
grant an order of discharge subject to any conditions touching any salary,
pay, emoluments, profits, wages , earnings or income which may afterwards
become due to the bankrupt, and touching after-acquired property of the
bankrupt, as it shall think fit or may sentence the bankrupt to be impri
soned for any period not exceeding one year.
143. If after the order of discharge of such bankrupt shall have taken Effect oforder
of discharge.
effect, he be arrested , or if any action be brought against him for any debt,
claim or demand provable under the bankruptcy, he shall be discharged
upon entering an appearance and may plead that the cause of action
.
accrued before he became a bankrupt.
144. If a bankrupt after the order of discharge shall take effect Release of
bankrupt
shall be arrested or detained in custody for a debt claim or demand when arrested
after dis
provable under his bankruptcy where judgment has been obtained before charge.
the order of discharge shall take effect, the Court shall on proof of the
order of discharge and unless there appear good reason to the contrary
direct the officer who has the bankrupt in custody to discharge him, which
shall be done without fee .
145. The order of discharge shall not release or discharge any person Effect of
order in case
who was a partner with bankrupt at the time of the bankruptcy , or was of putners.
then jointly bound or had any joint contract with him.
146. Any contract , covenant or security made or given by a bank Contract or
security with
rupt or other person with or to or in trust for any creditor for securing intent to in
duce creditor
the payment of any money as a consideration or with intent to persuade to forbear
opposition
the creditor to forbear opposing the order of discharge, or to forbear to void,
petition for a rehearing of or to appeal against the same, shall be void , and
any money thereby secured or agreed to be paid , shall not be recoverable,
and the party sued on any such contract or security may plead in general
that the cause of action accrued pending proceedings in bankruptcy, and
may give this Ordinance and the special matter in evidence : Provided
that no such security if a negotiable security shall be void as against a
bona fide holder thereof, for value without notice of the consideration for
which it was given.