1890_INSOLVENT_DEBTORS_ORDINANCE_1 — Page 26

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ORDINANCE No. 3 of 1846.

Insolvent Debtors.

same; and that if in any case it shall appear to the satisfaction of the said Court that after the debts of any such prisoner shall have been so discharged and satisfied as aforesaid, there shall remain in the possession, or subject to the control of his or her assignee or assignees, any property of any kind or description whatsoever which has come to such assignee or assignees, or to which he or they may claim title, by virtue of the order made in that behalf, or otherwise by virtue of his or their office of assignee or assignees, it shall be lawful for the said Court, on application duly made, to order that all such property so remaining as aforesaid shall be vested in the person whose debts shall have been so satisfied and discharged, or his heirs, executors, administrators, or assigns; and such order shall have the effect of vesting the same accordingly; and that any deed of release to be recorded in the said Court, by which such debt or debts shall be released or discharged, shall not be liable to any stamp duty.

any

53. And whereas it may sometimes happen that a debt of, or claim upon, or balance due from such prisoner as aforesaid, may be specified in his schedule so sworn to as aforesaid at an amount which is not exactly the actual amount thereof, without any culpable negligence or fraud, or evil intention on the part of such prisoner; Be it enacted and ordained, that in such case the said prisoner shall be entitled to all and every benefit and protection of this Ordinance; and the creditor in that behalf shall be entitled to the benefit of all the provisions made for creditors by this Act,* in respect of the actual amount of such debt, claim, or balance, and neither more nor less than the same, to all intents and purposes, such error in the said schedule notwithstanding.

54. And be it further enacted and ordained, that every such adjudication as aforesaid by the said Court as aforesaid, with respect to any prisoner, and the order thereupon, so made as aforesaid, shall be final and conclusive, and shall not be received by the said Court unless the said Court shall thereafter see good and sufficient cause to believe that such adjudication has been made on false evidence, or otherwise improperly made or fraudulently obtained; in which case it shall be lawful for the said Court, upon the application of such prisoner, or of any creditor of such prisoner, to order such prisoner, upon due notice to be given to such persons, and in such manner as the said Court shall direct, to attend, or to be brought up, and the said matter to be re-heard before the said Court, as the case may require, who shall thereupon re-hear the saine, and shall and may, if just cause shall appear, annul the original adjudication and order thereupon made in such case, and shall have the same powers and authorities upon such re-hearing as upon any original hearing in pursuance of this Ordinance, and may adjudicate in such matter accordingly; and thereupon, in case the former adjudication in the said matter shall not be confirmed, such order, certificate, and warrant shall be made as required by this Ordinance to be made upon such original adjudication; and the said Court shall and may, if necessary, remand the said prisoner to the same custody in which he was at the time of the former hearing of the matters of his petition, there to be subject to imprisonment as if the former adjudication therein had not been made; and thereupon all detainers which where in force against

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And a re-assign- ment to be executed.

Where error in schedule without frand, this Ordinance to operate upon the actual amount of debt;

[* Ordinance.]

Adjudication and order to be final. unless obtained on false evidence, &c., in which case: Court may order a re-hearing.