ORDINANCE No. 5 of 1864.
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 imprisoned for any period not exceeding one year.
143. If after the order of discharge of such bankrupt shall have taken 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.
623
Effect of order of discharge.
Bankrupt when arrested after discharge.
144. If a bankrupt after the order of discharge shall take effect shall be arrested or detained in custody for a debt claim or demand provable under his bankruptcy where judgment has been obtained before 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 who was a partner with the bankrupt at the time of the bankruptcy, or was then jointly bound or had any joint contract with him.
146. Any contract, covenant or security made or given by a bankrupt or other person with or to or in trust for any creditor for securing the payment of any money as a consideration or with intent to persuade the creditor to forbear opposing the order of discharge, or to forbear to petition for a rehearing of or to appeal against the same, shall be void, 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.
Effect of order
In case of partners.
Contract or security with intent to induce creditor to forbear opposition void,
ORDINANCE No. 5 or 1864.
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.
any
143. If after the order of discharge of such bankrupt shall have taken debt, effect, he be arrested, or if any action be brought against him for 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.
623
Effect of order of discharge.
bankrupt when arrested after dis- charge.
144. If a bankrupt after the order of discharge shall take effect Release of shall be arrested or detained in custody for a debt claim or demand provable under his bankruptcy where judgment has been obtained before 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 who was a partner with bankrupt at the time of the bankruptcy, or was then jointly bound or had any joint contract with him.
146. Any contract, covenant or security made or given by a bank- rupt or other person with or to or in trust for any creditor for securing the payment of any money as a consideration or with intent to persuade the creditor to forbear opposing the order of discharge, or to forbear to and petition for a fehcaring of or to appeal against the same, shall be void, 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.
Effect of order
In case
of partners.
Contract or security with
intent to in- to forbear
duce creditor
opposition void,
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