1890_INSOLVENT_DEBTORS_ORDINANCE_1 — Page 17

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Schedule to be filed with books

and papers.

Court to appoint time and place for prisoner to be brought up.

Notice to be given to credit- ora, and adver- tised.

(See Ordinance No. 5 of 1848.]

At the time of hearing, the

schedule to be examined.

Creditors may oppose prisoner's discharge.

ORDINANCE No. 3 of 1846.

Insolvent Debtors:

benefit or advantage, either solely or jointly with any other person or persons, and the names and places of abode of the several persons from whom such debts shall be due or growing due, and of the witnesses who can prove such debts, so far as such prisoner can set forth the same; and the said schedule shall also contain a balance sheet of so much of the receipts and expenditures of such prisoner, and of the items composing the same, as shall be at any time required by the said Court in that behalf; and also shall fully and truly describe the wearing apparel, bedding, and other necessaries of such prisoner and his or her family, and the working tools and implements of such prisoner, not exceeding in the whole the value of twenty pounds, which may be excep- ted by such prisoner from the operation of this Ordinance, together with the values of such excepted articles respectively; and the said schedule shall be subscribed by such prisoner, and shall forthwith be filed in the said Court, together with all books, papers, deeds, and writings in any way relating to such prisoner's estate or effects in his or her possession, or under his or her custody or control.

31. And be it further enacted and ordained, that the said Court shall forthwith, after such schedule shall have been filed as aforesaid in the said Court by any such prisoner, appoint a time and place for such prisoner to be brought up before the Court, to be dealt with according to the provisions of this Ordinance; and the time so appointed shall in no case be more than four calendar months after the date of such appointment.

32. And be it enacted and ordained, that the said Court shall cause notice of the making every such vesting order as aforesaid, and the filing of every such schedule, and of the time and place so as aforesaid appointed for such prisoner to be brought up, to be given, by such means as the said Court shall direct, to the creditor or creditors at whose suit any such prisoner shall be detained in custody, or the attorney or agent of such creditor or creditors, and to the other creditors named in the schedule of such prisoner, and resident within the Colony, and whose debts shall amount to the sum of five pounds, and to be inserted in the Colonial newspapers hereinbefore mentioned.

33. And be it enacted and ordained, that upon such prisoner being brought up as aforesaid, the said Court shall examine into the schedule of every such prisoner so brought before the said Court upon the oath of such prisoner, and of such parties and other witnesses as the said Court shall think fit to examine thereupon; and in case such notice as the said Court shall direct shall have been given by any creditor of his intention to oppose such prisoner's discharge, it shall be lawful, both for the said creditor and any other of the creditors of such prisoner, and notwithstanding such creditor or creditors may have petitioned for and obtained such vesting order as aforesaid, to oppose such prisoner's discharge, and for that purpose to put such questions to such prisoner, and examine such witnesses, as the said Court shall think fit, touching the matters contained in such schedule, and touching such other matters as the said Court shall be of opinion that it may be fit and proper to inquire into, in order to the due execution of this Ordinance, but no creditor shall examine or oppose the discharge of such prisoner until he shall make oath or affidavit of his debt, or otherwise give satis.