1890_BANKRUPTCY_AND_INSOLVENCY_ORDINANCE — Page 54

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ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

173. If any person shall refuse to be sworn, or shall refuse to answer any lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court) or shall not produce any books, papers, deeds and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such person is required by the Court to produce, and to the production of which he shall not state any objection allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed.

Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed.

174. If any assignee shall retain in his hands for more than one week or employ for his own benefit, or knowingly permit any co-assignee so to retain or employ any sum to the amount of more than three hundred dollars, part of the estate of any bankrupt, or shall neglect or permit to invest any money when directed by the Court, every such assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty-five per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same: and the Court is hereby required to charge every such assignee in his account accordingly.

Assignee to be charged with 25 per cent.

175. If any petitioning creditor shall, after adjudication, receive any money, satisfaction or security for his debt or any part thereof, whereby such petitioning creditor may receive more in the pound in respect of his debts than the other creditors, such petitioning creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the assignee or assignees of such bankrupt for the benefit of the creditors of the bankrupt.

176. Any person who shall wilfully conceal any real or personal estate of the bankrupt and who shall not within forty-two days after the filing of the petition for adjudication, discover such estate to the Court or...


633

and

Assignee direction to disobeying pay or invest money, and retaining it, Co-assignee to retain or...

Petitioning creditor with debtor after adjudication.

bankrupt's effects.

Concealing...

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ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. 173. If any person shall refuse to be sworn, or shall refuse to answer any lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court) or shall not produce any books, papers, deeds and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such person is required by the Court to produce, and to the production of which he shall not state any objection allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed. Any person refusing to be sworn or refusing to answer or not fully answering or refusing to sign examination or to produce books, &c., may be committed. 174. If any assignee shall retain in his hands for more than one week or employ for his own benefit, or knowingly permit any co-assignee so to retain or employ any sum to the amount of more than three hundred dollars, part of the estate of any bankrupt, or shall neglect or permit to invest any money when directed by the Court, every such assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty-five per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same: and the Court is hereby required to charge every such assignee in his account accordingly. Assignee to be charged with 25 per cent. 175. If any petitioning creditor shall, after adjudication, receive any money, satisfaction or security for his debt or any part thereof, whereby such petitioning creditor may receive more in the pound in respect of his debts than the other creditors, such petitioning creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the assignee or assignees of such bankrupt for the benefit of the creditors of the bankrupt. 176. Any person who shall wilfully conceal any real or personal estate of the bankrupt and who shall not within forty-two days after the filing of the petition for adjudication, discover such estate to the Court or... 633 and Assignee direction to disobeying pay or invest money, and retaining it, Co-assignee to retain or... Petitioning creditor with debtor after adjudication. bankrupt's effects. Concealing...
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ORDINANCE No. 5 OF 1864. Bankruptcy and Insolvency. 173. If any person shall refuse to be sworn, or shall refuse to answer any lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court) or shall not produce any books, papers, deeds and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such person is required by the Court to produce, and to the production of which he shall not state any objection, allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed. and 633 Any person refusing to be Sworn or refusing to answer or not ing or refusing fully answer to sign examination or to produce books, &c., may be committed. Assignee direction to disoboying pay or invest money, and retaining it, Co-assignee to retain or 174. If any assignee shall retain in his hands for more than one week or employ for his own benefit, or knowingly permit any co-assignee so to retain or employ any sum to the amount of more than three hundred dollars, part of the estate of any bankrupt, or shall neglect permitting to invest any money when directed by the Court, every such assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty-five per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same: and the Court is hereby required to charge every such assignee in his account accordingly. be charged with 25 per cent. Petitioning creditor with debtor after adjudication. 175. If any petitioning creditor shall, after adjudication, receive any money, satisfaction or security for his debt or any part thereof, whereby compounding such petitioning creditor may receive more in the pound in respect of his debts than the other creditors, such petitioning creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the assignee or assignees, of such bankrupt for the benefit of the creditors of the bankrupt. bankrupt's effects. 176. Any person who shall wilfully conceal any real or personal Concealing estate of the bankrupt and who shall not within forty-two days after the filing of the petition for adjudication, discover such estate to the Court or
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ORDINANCE No. 5 OF 1864.

Bankruptcy and Insolvency.

173. If any person shall refuse to be sworn, or shall refuse to answer any lawful question put by the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court) or shall not produce any books, papers, deeds and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such person is required by the Court to produce, and to the production of which he shall not state any objection, allowed by the Court, it shall be lawful for the Court by warrant to commit such person to prison, there to remain without bail until he shall submit himself to the Court to be sworn, full answers make to the satisfaction of the Court, to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed.

and

633

Any person refusing to be

Sworn or

refusing to

answer or not ing or refusing

fully answer

to sign examination or to produce books, &c., may be committed.

Assignee direction to

disoboying

pay or invest money, and retaining it,

Co-assignee to retain or

174. If any assignee shall retain in his hands for more than one week or employ for his own benefit, or knowingly permit any co-assignee so to retain or employ any sum to the amount of more than three hundred dollars, part of the estate of any bankrupt, or shall neglect permitting to invest any money when directed by the Court, every such assignee shall be liable to be charged in his account with such sum as shall be equal to interest at the rate of twenty-five per centum per annum on all such moneys for the time during which he shall have so retained or employed the same or permitted the same to be so retained or employed, or during which he shall so have neglected to invest the same: and the Court is hereby required to charge every such assignee in his account accordingly.

be charged with 25 per

cent.

Petitioning

creditor

with debtor after

adjudication.

175. If any petitioning creditor shall, after adjudication, receive any money, satisfaction or security for his debt or any part thereof, whereby compounding such petitioning creditor may receive more in the pound in respect of his debts than the other creditors, such petitioning creditor shall forfeit his whole debt, and shall also repay or deliver up such money, satisfaction or security, or the full value thereof to the assignee or assignees, of such bankrupt for the benefit of the creditors of the bankrupt.

bankrupt's

effects.

176. Any person who shall wilfully conceal any real or personal Concealing estate of the bankrupt and who shall not within forty-two days after the filing of the petition for adjudication, discover such estate to the Court or

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