622
Order of discharge.
To discharge bankrupt from all claims provable under his bankruptcy.
Bankrupt not liable under contracts, &c., made after 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.
138. Fourteen days after any bankrupt shall have passed his last examination, the Court may make an order to be called an order of discharge, and such order shall thereupon take effect from the date thereof except the same be suspended as hereinafter provided.
139. When the order of discharge shall take effect it shall, subject to any condition mentioned therein, discharge the bankrupt from all debts, claims and demands provable under his bankruptcy, and from the effects 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 aforesaid shall on obtaining his discharge be entitled to be discharged from such custody forthwith.
140. No bankrupt after the order of discharge shall take effect shall be liable to pay or satisfy any debt, claim or demand provable under the filing petition bankruptcy, or any part of such debt, claim or demand upon any contract, promise or agreement made after the filing of the petition for adjudication.
for adjudication.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on trade by fictitious capital, Court may refuse or suspend order.
141. If the assignee or any creditor shall allege, and if the Court without such allegation shall be of opinion, that there is ground for charging the bankrupt with acts or conduct amounting to a misdemeanor 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.
142. If it shall appear to the Court that the bankrupt has carried on trade by means of fictitious capital, or that he could not at the time when any of his debts were contracted have had any reasonable or probable 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
622
Order of discharge.
To discharge bankrupt from all
claims prov- able under his bank-
ruptcy.
Bankrupt not liable under
contracts, &c., made after
ORDINANCE No. 5 or 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.
138. Fourteen days after any bankrupt shall have passed his last 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.
139. When the order of discharge shall take effect it shall, subject to any condition mentioned therein, discharge the bankrupt from all debts, claims and demands provable under his bankruptcy, and from the effects 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 hist 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.
140. No bankrupt after the order of discharge shall take effect shall be liable to pay or satisfy any debt, claim or demand provable under the Aling petition bankruptcy, or any part of such debt, claim or demand upon any contract, promise or agreement made after the filing of the petition for adjudication.
for adjudica
tion.
If bankrupt guilty of misdemeanor, Court may suspend or refuse order of discharge.
If bankrupt carried on
trade by ficti-
tious capital, Court may refuse or suspend order.
141. If the assignee or any creditor shall allege, and if the Court without such allegation shall be of opinion, that there is ground for charging the bankrupt with acts or conduct amounting to a misdemeanor 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.
142. If it shall appear to the Court that the bankrupt has carried on trade by means of fictitious capital, or that he could not at the time when any of his debts were contracted have had any reasonable or prob- 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 unneccssary expense by frivolous or
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