the-ordinances-of-the-legislative-counci-1890 — Page 226

190 ORDINANCE No. 3 OF 1846.


Insolvent Debtors.


benefit or advantage, either solely or jointly with any other person or persons , and the
names and places of abode of the several persons from whom such debts shall be due
or growing due, and of the witnesses who can prove such debts, so far as such prisoner
Schedule to be can set forth the same ; and the said schedule shall also contain a balance sheet of so
filled with books
and papers. much of the receipts and expenditures of such prisoner, and of the items composing
the same, as shall be at any time required by the said Court in that behalf ; and also
shall fully and truly describe the wearing apparel, bedding, and other necessaries of
such prisoner and his or her family, and the working tools and implements of such
prisoner, not exceeding in the whole the value of twenty pounds, which may be excep
ted by such prisoner from the operation of this Ordinance, together with the values of
such excepted articles respectively ; and the said schedule shall be subscribed by
such prisoner, and shall forthwith be filed in the said Court, together with all
books, papers, deeds, and writings in any way relating to such prisoner's estate or
effects in his or her possession, or under his or her custody or control.

Court to appoint 31. And be it further enacted and ordained , that the said Court shall forthwith,
time and place
for prisoner to after such schedule shall have been filed as aforesaid in the said Court by any such
be brought up.
prisoner, appoint a time and place for such prisoner to be brought up before the Court,
to be dealt with according to the provisions of this Ordinance ; and the time so appointed
shall in no case be more than four calendar months after the date of such appointment.

Notice to be 32. And be it enacted and ordained , that the said Court shall cause notice of the
given to credit
ors, and adver
tised. making every such vesting order as aforesaid , and the filing of every such schedule,
[See Ordinance
No. 5 of 1846.] and of the time and place so as aforesaid appointed for such prisoner to be brought up,
to be given, by such means as the said Court shall direct, to the creditor or creditors at
whose suit any such prisoner shall be detained in custody, or the attorney or agent of
such creditor or creditors, and to the other creditors named in the schedule of such
prisoner, and resident within the Colony, and whose debts shall amount to the sum of
five pounds, and to be inserted in the Colonial newspapers hereinbefore mentioned.

At the time of 33. And be it enacted and ordained , that upon such prisoner being brought up as
hearing, the
schedule to be aforesaid, the said Court shall examine into the schedule of every such prisoner so
examined.
brought before the said Court upon the oath of such prisoner, and of such parties and
Creditors may other witnesses as the said Court shall think fit to examine thereupon ; and in case
oppose prisoner's
discharge . such notice as the said Court shall direct shall have been given by any creditor of his
intention to oppose such prisoner's discharge, it shall be lawful , both for the said creditor
and any other of the creditors of such prisoner, and notwithstanding such creditor
or creditors may have petitioned for and obtained such vesting order as aforesaid, to
oppose such prisoner's discharge, and for that purpose to put such questions to such
prisoner, and examine such witnesses, as the said Court shall think fit, touching the
matters contained in such schedule, and touching such other matters as the said Court
shall be of opinion that it may be fit and proper to inquire into, in order to the due
execution of this Ordinance, but no creditor shall examine or oppose the discharge of
such prisoner until he shall make oath or affidavit of his debt, or otherwise give satis