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Insolvent refusing to appear may be apprehended, &c.

In adjudication of discharge on re-hearing, the time since former hearing not to be calculated.

Where an order of discharge has been issued by mistake, the Court may revoke and amend the same.

Prisoner may, after discharge, be examined as to estate and effects, on application of assignee.

ORDINANCE No. 3 of 1846. Insolvent Debtors.

such prisoner at the time of his former discharge from custody shall be deemed to be still in force against him as if such former adjudication had not been made; and the gaoler or keeper of the prison to which such prisoner shall be so remanded shall and is hereby required to receive such prisoner into his custody in pursuance of such remand, for doing which the order of remand in such case shall be his sufficient warrant; and where in any case such prisoner shall refuse or neglect to appear before the said Court according to such order for re-hearing as aforesaid, a copy whereof shall have been duly served on such prisoner, it shall be lawful for the said Court to order such prisoner to be apprehended, and committed to custody in such prison as the said Court shall direct, and to issue its warrant accordingly, and to cause such prisoner to be brought up for examination as often as to the said Court shall seem fit: Provided always, that where upon such re-hearing it shall appear to the said Court that such prisoner is not entitled to the benefit of this Ordinance until some future period, according to the provisions hereinbefore contained, the said Court shall and may, if it shall appear reasonable, adjudge the discharge of such prisoner at such future period to be calculated without including the time during which such prisoner shall have been out of custody since the time appointed for his discharge by such former adjudication as aforesaid.

55. Provided always, and be it further enacted and ordained, that if in any case an order or warrant for the discharge of any such prisoner shall have issued erroneously, and which is not pursuant to the adjudication made in that behalf, it shall be lawful for the said Court, on such error being shewn to the said Court, to revoke such order and warrant, and to annul, suspend, or amend the same, according to such adjudication, and if necessary to re-commit such prisoner to his former custody, when by such order or warrant he shall have been discharged therefrom; and the gaoler or keeper of the prison to whose custody such prisoner shall be so re-committed is hereby required to receive such prisoner into his custody according to such re-commitment; and all detainers which were in force against such prisoner at the time of such discharge as aforesaid shall be deemed to be still in force against him, as if such erroneous order or warrant had not issued.

56. And whereas the estate, both real and personal, of any person whose discharge has been adjudicated under this Ordinance may not be sufficiently described or discovered in his schedule so sworn to as aforesaid, or the assistance of such person may be necessary to adjust, make out, recover, or manage his estate or effects, for the benefit of his creditors; Be it therefore enacted and ordained, that it shall be lawful for the assignee or assignees of the estate and effects of any such person whose discharge shall have been adjudicated under this Ordinance, from time to time to apply to the said Court that such person may be further examined as to any matters or things relating to his estate and effects, by the said Court; and in case such person shall neglect or refuse to appear before such Court at such time and place as shall be directed by such order, or appearing, shall refuse to be sworn, or to answer such questions as shall be put to him relating to the discovery of his said estate and effects, the

Prisoner refusing to appear, or to answer questions, may be committed.

of such cases it shall be lawful for such Court by warrant to commit such person

any