Ord. No.. of 1891, s. 27 (2).
4 & 5 Geo. 5, c. 59, s 26 (2).
16 & 17 Geo. 5, c. 7,
s. 1 (1) (a).
16 & 17 Geo. 5, c. 7,
s. 1 (1) (b).
4 & 5 Geo. 5, c. 59, s. 26 (3).
502
(2) Where the bankrupt does not of his own accord, within such time as the court may deem reasonable, apply for his discharge, the court may, of its own motion or on the application of the Official Receiver or the trustee or any creditor who has proved, make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the court, and, on due service of the order, if the bankrupt does not appear on the day fixed thereby, the court may make such order as it thinks fit, subject to the provisions of this section, and the debtor shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of court, and may be punish- ed accordingly.
(3) On the hearing of the application, or on the day on which the bankrupt has been ordered to come up for his discharge or any subsequent day, the court shall take into consideration a report of the Official Receiver as to the bankrupt's conduct and affairs (including a report as to the bankrupt's conduct dur- ing the proceedings under his bankruptcy), and may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt, or with respect to his after-acquired property:
Provided that where the bankrupt has committed any misdemeanour under this Ordinance, or any enactment repealed by this Ordinance, or any other misdemeanour connected with his bankruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall, either—
(a) refuse the discharge; or
(b) suspend the discharge for such period as the
court thinks proper; or
(c) suspend the discharge until a dividend of not less than fifty per cent has been paid to the
creditors; or
(d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judg- ment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or in- come available towards payment of his debts:
Provided that, if, at any time after the expiration of two years from the date of any order made under this section, the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order, or of any sub- stituted order, in such manner and upon such condi- tions as it may think fit.
(4) The facts hereinbefore referred to are-
(a) that the bankrupt's assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets are not of a value of
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