1890_INSOLVENT_DEBTORS_ORDINANCE_1 — Page 21

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ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

Discharge may extend to sums payable by way of annuity, &c.

Court may order costs, in certain cases, to be paid to opposing cre- ditors out of in- solvent's estate.

Where opposition frivolous and vexatious, costs may be awarded to prisoner.

Court to make order, pursuant to adjudication,

and issue war- rant to gaoler.

Specification of debts, &c., not necessary in order of adju dication.

41. And be it enacted and ordained, that the discharge of any such prisoner so adjudicated as aforesaid shall and may extend to any sum and sums of which

money shall be payable, by way of annuity or otherwise, at any future time or times, by virtue of any bond, covenant, or other securities of any nature whatsoever, and that every person or persons who would be a creditor or creditors of such prisoner for such sum or sums of money if the same were presently due, shall be admissible as a creditor or cre- ditors of such prisoner for the value of such sum or sums of money so payable as aforesaid, which value the said Court shall, upon application at any time made în that behalf, ascertain, regard being had to the original price given for such sum or sums of money, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the time of making such vesting order as aforesaid; and such creditor or creditors shall be entitled in respect of such value to the benefit of all the provisions made for creditors by this Ordinance, without prejudice nevertheless to the respective securities of such creditor or creditors, except- ing as respects such prisoner's discharge under this Ordinance.

42. And be it enacted and ordained, that whenever any creditor or creditors op- posing any such prisoner's discharge shall prove to the satisfaction of the said Court that such prisoner has done or committed any act for which, upon such adjudication as aforesaid, he may be liable to remain in such custody as aforesaid for a period not exceeding three years, to be computed as aforesaid, the said Court shall adjudge the taxed costs of such opposition to be paid to such opposing creditor or creditors out of the estate and effects of such prisoner, by his or her assignee or assignees, before any dividend made thereof; and in all other cases of opposition to a prisoner's discharge being substantiated or effectual, it shall be lawful for the said Court to adjudge in like man- ner, if it shall seem fit; and that in case it shall appear to the said Court that opposition of any creditor to any such prisoner's discharge was frivolous and vexatious, it shall be lawful for the said Court to award such costs to such prisoner as shall appear to be just and reasonable, to be paid by the creditor or creditors making such opposi- tion, which shall be paid accordingly.

43. And be it enacted and ordained, that where, upon any prisoner being brought up before the said Court, and such adjudication shall have been made as aforesaid by the said Court, order shall be made accordingly by the said Court, in pursuance of such adjudication, and the said Court shall also issue a warrant or warrants to the gaoler accordingly, ordering the discharge of such prisoner from custody as to the detainers under which he or she shall then be confined, or which shall be lodged against him or her before he or she shall be out of custody, the same being for debts in respect of - which such adjudication shall have been made; and that every such order of adjudica tion shall take effect as from the day on which the adjudication shall have been made in that behalf; and that every such adjudication and certificate thereof and order there. upon, may be made without specifying therein any such debt or debts, or sum or sums of money, or claims as aforesaid, or naming therein any such creditor or creditors as aforesaid, excepting so far as shall be necessary in any case in order to distinguish