ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
not exceeding three years in the whole, as the said Court shall direct, to be computed as aforesaid.
39. And be it enacted and ordained, that in case it shall appear to the said Court that such prisoner shall have contracted any of his or her debts fraudulently, or by means of a breach of trust, or by means of false pretences, or without having had any reasonable or probable expectation at the time when contracted of paying the same, or shall have fraudulently, or by means of false pretences, obtained the forbearance of any of his debts by any of his creditors, or shall have put any of his creditors to any unnecessary expense by any vexatious or frivolous defence or delay to any suit for recovering any debt or sum of money due from such prisoner, or shall be indebted for damages recovered in any action for criminal conversation with the wife or for seducing the daughter or servant of the plaintiff in such action, or for breach of promise of marriage made to the plaintiff in such action or for damages recovered in any action for a malicious prosecution, or for a libel, or for slander, or in any other action for a malicious injury done to the plaintiff therein, or in any action of tort or trespass to the person or property of the plaintiff therein, where it shall appear to the satisfaction of the said Court that the injury complained of was malicious, then it shall be lawful for such Court to adjudge that such prisoner shall be so discharged, and so entitled as aforesaid, forthwith, except as to such debt or debts, sum or sums of money, or damages as above mentioned; and as to such debt or debts, sum or sums of money, or damages, to adjudge that such prisoner shall be so discharged and so entitled as aforesaid, so soon as he shall have been in custody, at the suit of the person or persons who shall be creditor or creditors for the same respectively, for a period or periods not exceeding two years in the whole, as the said Court shall direct, to be computed as aforesaid.
40. And be it enacted and ordained, that the discharge of any prisoner so adjudicated as aforesaid shall and may extend to all process issuing from any Court for any contempt of any Court, ecclesiastical or civil, for non-payment of money or of costs or expenses in any Court, ecclesiastical or civil; and that in such case the said discharge shall be deemed to extend also to all costs which such prisoner would be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every discharge so adjudicated as aforesaid, as to any debt or damages of any creditor of such prisoner, shall be deemed to extend also to all costs incurred by such creditor before the filing of such prisoner's schedule, in any action or suit brought by such creditor against such prisoner for the recovery of the same; and that all persons as to whose demands for any such costs, money, or expenses as aforesaid any such person shall be so adjudged to be discharged shall be deemed and taken to be creditors of such prisoner in respect thereof, and entitled to the benefit of all the provisions made for creditors by this Ordinance, subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise, and to such examination thereof as is herein provided in respect of all claims to a dividend of such insolvent's estate and effects.
193
In other cases the discharge, &c., to be at any period not later than two years from petitioning.
Discharge may extend to process for contempt in non-payment of money.
And to costs incurred by creditor, but subject to taxation.
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ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
not exceeding three years in the whole, as the said Court shall direct, to be computed as aforesaid.
39. And be it enacted and ordained, that in case it shall appear to the said Court that such prisoner shall have contracted any of his or her debts fraudulently, or by means of a breach of trust, or by means of false pretences, or without having had any reasonable or probable expectation at the time when contracted of paying the same, or shall have fraudulently, or by means of false pretences, obtained the forbearance of any of his debts by any of his creditors, or shall have put any of his creditors to any unnecessary expense by any vexatious or frivolous defence or delay to any suit for recovering any debt or sum of money due from such prisoner, or shall be indebted for damages recovered in any action for criminal conversation with the wife or for seducing- the daughter or servant of the plaintiff in such action, or for breach of promise of marriage made to the plaintiff in such action or for damages recovered in any action for a malicious prosecution, or for a libel, or for slander, or in any other action for a malicious injury done to the plaintiff therein, or in any action of tort or trespass to the person or property of the plaintiff therein, where it shall appear to the satisfaction of the said Court that the injury complained of was malicious, then it shall be lawful for such Court to adjudge that such prisoner shall be so discharged, and so entitled as aforesaid, forthwith, except as to such debt or debts, sum or sums of money, or damages as above mentioned; and as to such debt or debts, sum or sums of money, or damages, to adjudge that such prisoner shall be so discharged and so entitled as aforesaid, so soon as he shall have been in custody, at the suit of the person or persons who shall be creditor or creditors for the same respectively, for a period or periods not exceeding two years in the whole, as the said Court shall direct, to be computed as aforesaid.
40. And be it enacted and ordained, that the discharge of any prisoner so ad- judicated as aforesaid shall and may extend to all process issuing from any Court for any contempt of any Court, ecclesiastical or civil, for non-payment of money or of costs or expenses in any Court, ecclesiastical or civil; and that in such case the said discharge shall be deemed to extend also to all costs which such prisoner would be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every discharge so adjudicated as aforesaid, as to any debt or damages of any creditor of such prisoner, shall be deemed to extend also to all costs incurred by such creditor before the filing of such prisoner's schedule, in any action or suit brought by such creditor against such prisoner for the recovery of the same; and that all persons as to whose demands for any such costs, money, or expenses as aforesaid any such person shall be so adjudged to be discharged shall be deemed and taken to be creditors of such prisoner in respect thereof, and entitled to the benefit of all the provisions made for creditors by this Ordinance, subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise. and to such examination thereof as is herein provided in respect of all claims to a dividend of such insolvent's estate and effects.
193
In other cases the discharge, &c., to be at any period not later than two years from petitioning.
Discharge may extend to pro- cess for contempt in non-payment of money.
And to costs incurred by cre- ditor, but subject to taxation.
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