ORDINANCE No. 5 of 1864.
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 of the estate and effects of any bankrupt being or having been an officer of the Army or Navy or an officer or clerk or otherwise employed or engaged in the service 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 [Repealed by Ordinance No. 9 of 1864 and new section substituted.]
597
Assignees not entitled to bank-- rupts pension, &c., but Court may order part thereof for bene-
ft of creditors.
be not in pri- son or custo- dy, to be free
coming to surrender, &c., and if in prison may be brought up by warrant to be examined or
57. If the bankrupt be not in prison or custody at the date of the adjudication he shall be free from arrest or imprisonment by any creditor in coming to surrender, and after such surrender for such further time from arrest as shall be allowed him for finishing his examination, and for such time after his examination until his discharge be allowed, as the Court shall from time to time by endorsement upon the summons of such bankrupt think fit to appoint: and whenever any bankrupt is in prison or in custody to surrender, under any process, attachment, execution, commitment or sentence, the Court may, by warrant directed to the person in whose custody he is confined, cause him to be brought before it at any sitting either public or 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
and if in pri- son for debt the Court may, except in certain ca- ses, order re- lease.
ORDINANCE No. 5 or 1864.
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 of the estate and effects of any bankrupt being or having been an officer of the Army or Navy or an officer or clerk or otherwise employed or engaged in the service 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.]
597
Assignees not entitled to bank-- rupts pension, &c., but Court may order part thereof for bene-
ft of creditors.
be not in pri- son or custo- dy, to be free
coming to surrender, &c., and if in prison may be brought up by warrant to be examined or
57. If the bankrupt be not in prison or custody at the date of the If bankrupt adjudication he shall be free from arrest or imprisonment by any creditor in coming to surrender, and after such surrender for such further time from arrest in as shall be allowed him for finishing his examination, and for such time after his examination until his discharge be allowed, as the Court shall from time to time by endorsement upon the summons of such bankrupt think fit to appoint: and whenever any bankrupt is in prison or in custody to surrender, under any process, attachment, execution, commitment or sentence, the Court may, by warrant directed to the person in whose custody he is. confined, cause him to be brought before it at any sitting either public or 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
and if in pri- son for debt the Court may, except in certain ca- ses, order re- lease.
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