ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
between the creditors as to whom any such prisoner may be adjudged to be so discharged and entitled as aforesaid forthwith, and the creditors as to whom he may be adjudged to be so discharged and entitled at some future period; Provided nevertheless, that in all cases the detainer or detainers with respect to which any such prisoner shall have been adjudged to be discharged out of custody, he being then in custody thereupon, shall be specified in the warrant of the said Court to be delivered to the gaoler in that behalf.
44. And be it enacted and ordained, that where it shall appear to the said Court at any such hearing as aforesaid of any such prisoner, that certain matters, or things ought to be performed by or on behalf of such prisoner before he is intended to be actually discharged from custody, but that nevertheless it is expedient not to adjourn the hearing of the case absolutely to some future occasion, without the opportunity of such discharge being sooner had by doing such things as aforesaid, it shall be lawful for the said Court to pronounce adjudication without their issuing the order and warrant pursuant thereto; and that such adjudication may be directed to be conditional on the performance of such matters and things as aforesaid; and that on the non-performance thereof the hearing of such case shall stand adjourned, according to the direction made in that behalf.
45. Provided always, and be it enacted and ordained, that in all cases where it shall have been adjudged that any such prisoner shall be so discharged and so entitled as aforesaid at some future period, such prisoner shall be subject and liable to be detained in prison, and to be arrested and charged in custody at the suit of any one or more of his or her creditors with respect to whom it shall have been so adjudged, at any time before such period shall have arrived, in the same manner as he would have been subject and liable thereto if this Ordinance had not passed: Provided nevertheless, that when such period shall have arrived, such prisoner shall be entitled to the benefit and protection of this Ordinance, notwithstanding that he may have been out of actual custody during all or any part of the time subsequent to such adjudication, by reason of such prisoner not having been arrested or detained during such time or any part thereof.
46. And be it enacted and ordained, that in all cases where such prisoner shall, upon such adjudication as aforesaid, be liable to further imprisonment at the suit of his creditor or creditors, or any or either of them, it shall be lawful at any time for the said Court, on the application of such prisoner, to order the creditor or creditors at whose suit he shall be so imprisoned to pay to such prisoner such sum or sums of not exceeding the rate of four shillings by the week in the whole, at such times and in such manner, and in such proportions, as the said Court shall direct, and that on failure of payment thereof, as directed by the said Court, the said Court shall order such prisoner to be forthwith discharged from custody at the suit of the creditor or creditors so failing to pay the same.
money,
195
Adjudication may be conditional in certain cases,
Where adjudication is a discharge at a future period, the prisoner may be detained or arrested, &c.,
till that period arrives,
Court may order detaining creditor to pay prisoner a sum not exceeding four shillings a week.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
between the creditors as to whom any such prisoner may be adjudged to be so discharged and entitled as aforesaid forthwith, and the creditors as to whom he may be adjudged to be so discharged and entitled at some future period; Provided nevertheless, that in all cases the detainer or detainers with respect to which any such prisoner shall have been adjudged to be discharged out of custody, he being then in custody thereupon, shall be specified in the warrant of the said Court to be delivered to the gaoler in that
behalf.
*
44. And be it enacted and ordained, that where it shall appear to the said Court at any such hearing as aforesaid of any such prisoner, that certain matters, or things ought to be performed by or on behalf of such prisoner before he is intended to be actually discharged from custody, but that nevertheless it is expedient not to adjourn the hearing of the case absolutely to some future occasion, without the opportunity of such discharge being sooner had by doing such things as aforesaid, it shall be lawful for the said Court to pronounce adjudication without their issuing the order and warrant pursuant thereto; and that such adjudication may be directed to be conditional on the performance of such matters and things as aforesaid; and that on the non- performance thereof the hearing of such case shall stand adjourned, according to the direction made in that behalf.
45. Provided always, and be it enacted and ordained, that in all cases where it shall have been adjudged that any such prisoner shall be so discharged and so entitled as aforesaid at some future period, such prisoner shall be subject and liable to be de- tained in prison, and to be arrested and charged in custody at the suit of any one or more of his or her creditors with respect to whom it shall have been so adjudged, at any time before such period shall have arrived, in the same manner as he would have been subject and liable thereto if this Ordinance had not passed: Provided neverthe- less, that when such period shall have arrived, such prisoner shall be entitled to the benefit and protection of this Ordinance, notwithstanding that he may have been out of actual custody during all or any part of the time subsequent to such adjudication, by reason of such prisoner not having been arrested or detained during such time or any part thereof.
46. And be it enacted and ordained, that in all cases where such prisoner shall, upon such adjudication as aforesaid, be liable to further imprisonment at the suit of his creditor or creditors, or any or either of them, it shall be lawful at any time for the said Court, on the application of such prisoner, to order the creditor or creditors at whose suit he shall be so imprisoned to pay to such prisoner such sum or sums of not exceeding the rate of four shillings by the week in the whole, at such times and in such manner, and in such proportions, as the said Court shall direct, and that on failure of payment thereof, as directed by the said Court, the said Court shall order such prisoner to be forthwith discharged from custody at the suit of the creditor or creditors so failing to pay the same.
money,
195
Adjudication may be condi- tional in certain cases,
Where adjudi cation is a dis- charge at a future period, the prisoner may be detained or arrested, &c.,
till that period arrives,
Court may order detaining cre- ditor to pay prisoner a sum not exceeding four shillings a week.
No comments yet.
Private notes are available after approval.