the-ordinances-of-the-legislative-counci-1890 — Page 228

192 ORDINANCE No. 3 OF 1846 .


Insolvent Debtors.


Court may order matters relating thereto : Provided that in all cases where such reference shall have
expenses of re
ference to be been made as aforesaid it shall be lawful for the said Court, if such cause shall appear,
paid ont of in
solvent's estate.
to order all the fees and expenses of such reference, paid by any creditor or creditors,
to be repaid to him, her, or them out of the first money received by the provisional
or other assignee or assignees of such prisoner from or by his estate or effects .

Court, &c., may 36. And be it enacted and ordained, that after such examination of any such
adjudge a pri
soner to be dis
charged from prisoner as hereinbefore directed , it shall be lawful, at such hearing or adjourned
custody, and
entitled to the hearing as aforesaid, for the said Court, upon such prisoner's swearing to the truth of
benefit of this
Ordinance. his schedule, and executing such warrant of attorney as is hereinafter directed, to
adjudge that such prisoner shall be discharged from custody, and entitled to the benefit
of this Ordinance at such time as the said Court shall direct, in pursuance of the
provisions hereinafter contained in that behalf, as to the several debts and sums of
money due or claimed to be due at the time of making such vesting order as aforesaid
from such prisoner to the several persons named in his schedule as creditors , or claiming
to be creditors for the same respectively, or for which such persons shall have given
credit to such prisoner before the time of making such vesting order as aforesaid, and
which were not then payable, and as to the claims of all other persons, not known to
such prisoner at the time of such adjudication , who may be indorsees or holders of
any negotiable security set forth in such schedule so sworn to as aforesaid.

Court may ad 37. And be it enacted and ordained , that in all cases where no cause shall
Judge discharge,
&c., to be forth appear to the contrary, it shall be lawful for the said Court, according as shall seem
with, or not
later than six
months from fit, to adjudge that such prisoner shall be so discharged, and so entitled as aforesaid,
the filing of the
petition. forthwith, or as soon as such prisoner shall have been in custody at the suit of one or
more of the persons as to whose debts and claims such discharge is so adjudicated, for
such period or periods, not exceeding six months in the whole, as the said Court shall
direct, to be computed from the making of such vesting order as aforesaid .

In certain cases 38. And be it enacted and ordained, that in case it shall appear to the said Court
discharge, &c,
to be at any that such prisoner has fraudulently, with intent to conceal the state of his affairs , or to
period not later
than three years
from petitioning. defeat the objects of this Ordinance, destroyed or otherwise wilfully prevented or
purposely withheld the production of any books, papers, or writings relating to such
of his affairs as are subject to investigation under this Ordinance, or kept or caused to
be kept false books, or made false entries in, or withheld entries from, or wilfully
altered or falsified, any such books, papers, or writings, or that such prisoner has
fraudulently, with intent of diminishing the sum to be divided among his creditors, or of
giving an undue preference to any of the said creditors, discharged or concealed any
debt due to or from the said prisoner, or made away with, charged, mortgaged, or
concealed any part of his property of what kind soever, either before or after the
commencement of his or her imprisonment, then it shall be lawful for the said Court
to adjudge that such prisoner shall be so discharged and so entitled as aforesaid, so
soon as he shall have been in custody at the suit of some one or more of the persons
as to whose debts and claims such discharge is so adjudicated, for such period or periods,