the-ordinances-of-the-legislative-counci-1890 — Page 229

ORDINANCE No. 3 OF 1846 . 193


Insolvent Debtors.


not exceeding three years in the whole, as the said Court shall direct, to be computed
as aforesaid.


39. And be it enacted and ordained , that in case it shall appear to the said Court In other cases
the discharge,
that such prisoner shall have contracted any of his or her debts fraudulently, or by & c., to be at
any period not
later than two
means of a breach of trust, or by means of false pretences, or without having had any years from
reasonable or probable expectation at the time when contracted of paying the same, or petitioning.

shall have fraudulently, or by means of false pretences, obtained the forbearance of any
of his debts by any of his creditors, or shall have put any of his creditors to any
unnecessary expense by any vexatious or frivolous defence or delay to any suit for
recovering any debt or sum of money due from such prisoner, or shall be indebted for
damages recovered in any action for criminal conversation with the wife or for seducing
the daughter or servant of the plaintiff in such action, or for breach of promise of
marriage made to the plaintiff in such action or for damages recovered in any action for
a malicious prosecution , or for a libel, or for slander, or in any other action for a
malicious injury done to the plaintiff therein, or in any action of tort or trespass to the
person or property of the plaintiff therein, where it shall appear to the satisfaction of
the said Court that the injury complained of was malicious , then it shall be lawful for
such Court to adjudge that such prisoner shall be so discharged, and so entitled as
aforesaid, forthwith, except as to such debt or debts, sum or sums of money, or damages
as above mentioned ; and as to such debt or debts, sum or sums of money , or damages,
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 the person or persons who shall be
creditor or creditors for the same respectively, for a period or periods not exceeding
two years in the whole, as the said Court shall direct, to be computed as aforesaid .

40. And be it enacted and ordained , that the discharge of any prisoner so ad Discharge may
extend to pro
judicated as aforesaid shall and may extend to all process issuing from any Court for cess for contempt
in non-payment
any contempt of any Court, ecclesiastical or civil, for non -payment of money or of of money .
costs or expenses in any Court, ecclesiastical or civil ; and that in such case the said
discharge shall be deemed to extend also to all costs which such prisoner would be
liable to pay in consequence or by reason of such contempt, or on purging the same ;
and that every discharge so adjudicated as aforesaid, as to any debt or damages of any And to costs
incurred by cre
creditor of such prisoner, shall be deemed to extend also to all costs incurred by such ditor, but subject
to taxation.
creditor before the filing of such prisoner's schedule, in any action or suit brought by
such creditor against such prisoner for the recovery of the same ; and that all persons
as to whose demands for any such costs, money, or expenses as aforesaid any such
person shall be so adjudged to be discharged shall be deemed and taken to be creditors
of such prisoner in respect thereof, and entitled to the benefit of all the provisions
made for creditors by this Ordinance, subject nevertheless to such ascertaining of the
amount of the said demands as may be had by taxation or otherwise and to such
examination thereof as is herein provided in respect of all claims to a dividend of such
insolvent's estate and effects.