the-ordinances-of-the-legislative-counci-1890 — Page 227

ORDINANCE No. 3 OF 1846. 191


Insolvent Debtors.


factory proof of his right to oppose such prisoner's discharge, if required so to do by Hearing may be
adjourned.
such prisoner ; and that in case the said Court shall entertain any doubt touching any
matter alleged against such prisoner at such hearing, to prevent his or her discharge,
or otherwise touching the schedule or the examination of such prisoner, or it shall
appear that amendment is necessary to be made of such schedule, or in case such
prisoner shall refuse to be sworn, or shall not answer upon oath to the satisfaction of
the said Court, it shall be lawful for the said Court to adjourn the hearing and exami
nation of such prisoner, and of witnesses thereupon, to some future sitting of the said
Court ; and in every such case such prisoner shall upon such adjournment remain in
custody, and shall and may be again brought up , and such hearing and examination be
further proceeded in, as often as to the said Court shall seem fit : Provided always, that
when any such hearing shall be adjourned by the said Court generally, to some future
period , the said Court shall and may, upon the application of such prisoner, to be made
within such time as the said Court shall direct, order the said prisoner to be brought
up for hearing accordingly, and such notice thereof shall be given, and to such parties,
as the said Court shall direct.

34. Provided always, and be it further enacted and ordained , that where any Affidavits may
be received in
prisoner shall be so brought before the said Court for the relief of insolvent debtors, it opposition to
prisoner's dis
shall be lawful for the said Court to receive the affidavits of any creditor or creditors or charge in cer
tain cases.
other person or persons in opposition to the discharge of such prisoner under this
Ordinance, and also, if such Court shall think fit, to permit interrogatories to be filed
for the examination or cross-examination of any person making or joining in such
affidavits, and to adjourn the hearing and examination of such prisoner until such
interrogatories shall be fully answered to the satisfaction of the said Court.

35. Provided always, and it is hereby enacted and ordained , that at such hearing Schedule and
prisoner's ac
or adjourned hearing, it shall be lawful for the said Court, if it shall appear fit, upon counts may be
referred to an
application made by some creditor or creditors, and supported by oath or affidavit, to officer ofthe
Court, or
order that it shall be referred to an officer of the said Court or to an examiner to be an examiner,
who may order
prisoner to
appointed as aforesaid to investigate the accounts of such prisoner and to examine attend.
into the truth of his schedule, and to report thereon to the said Court ; and that the
said Court may at any such hearing proceed on the other matters in opposition to the
discharge of such prisoner, or may, if it shall appear just and reasonable so to do,
forthwith adjourn the hearing thereof until such officer or examiner shall have made
his report ; and that upon such reference being made as aforesaid , it shall be lawful for
such officer or examiner to order the attendance of such prisoner as often as such
officer or examiner shall think fit, and the prisoner mentioned in such order shall be
accordingly carried before such officer or examiner, for which such order shall be a
sufficient warrant : and the keeper of the prison, or his deputy, so carrying any prisoner Officer and exa
miner may ad
before such officer or examiner, shall receive for the same the sum of ten shillings, and minister oaths.
no more, to be paid by the person or persons at whose requisition the said reference
shall have been had ; and such officer or examiner shall and may, under such reference,
administer oaths, and examine all witnesses and parties upon their oaths touching all