the-ordinances-of-the-legislative-counci-1890 — Page 230

194 ORDINANCE No. 3 OF 1846 .


Insolvent Debtors.


Discharge may 41. And be it enacted and ordained, that the discharge of any such prisoner so
extend to sums
payable by way
ofannuity, &c. adjudicated as aforesaid shall and may extend to any sum and sums of money which
shall be payable, by way of annuity or otherwise, at any future time or times, by virtue
of any bond, covenant, or other securities of any nature whatsoever, and that every
person or persons who would be a creditor or creditors of such prisoner for such sum or
sums of money if the same were presently due, shall be admissible as a creditor or cre
ditors of such prisoner for the value of such sum or sums of money so payable as
aforesaid , which value the said Court shall, upon application at any time made in that.
behalf, ascertain, regard being had to the original price given for such sum or sums of
money, deducting therefrom such diminution in the value thereof as shall have been
caused by the lapse of time since the grant thereof to the time of making such vesting
order as aforesaid ; and such creditor or creditors shall be entitled in respect of such
value to the benefit of all the provisions made for creditors by this Ordinance, without
prejudice nevertheless to the respective securities of such creditor or creditors, except
ing as respects such prisoner's discharge under this Ordinance.
Court may order 42. And be it enacted and ordained , that whenever any creditor or creditors op
costs, in certain
cases, to be paid posing any such prisoner's discharge shall prove to the satisfaction of the said Court
to opposing cre
ditors out of in
solvent's estate. that such prisoner has done or committed any act for which, upon such adjudication
as aforesaid, be may be liable to remain in such custody as aforesaid for a period not
exceeding three years, to be computed as aforesaid, the said Court shall adjudge the
taxed costs of such opposition to be paid to such opposing creditor or creditors out of
the estate and effects of such prisoner, by his or her assignee or assignees, before any
dividend made thereof; and in all other cases of opposition to a prisoner's discharge being
substantiated or effectual, it shall be lawful for the said Court to adjudge in like man
Where opposition ner, if it shall seem fit ; and that in case it shall appear to the said Court that the
frivolous and
vexatious, costs opposition of any creditor to any such prisoner's discharge was frivolous and vexatious,
may be awarded
to prisoner. it shall be lawful for the said Court to award such costs to such prisoner as shall appear

to be just and reasonable, to be paid by the creditor or creditors making such opposi
tion, which shall be paid accordingly.

Court to make 43. And be it enacted and ordained , that where, upon any prisoner being brought
order, pursuant
to adjudication, up before the said Court, and such adjudication shall have been made as aforesaid by
and issue war
rant to gaoler. the said Court, order shall be made accordingly by the said Court, in pursuance of such
adjudication, and the said Court shall also issue a warrant or warrants to the gaoler
accordingly, ordering the discharge of such prisoner from custody as to the detainers
under which he or she shall then be confined, or which shall be lodged against him or
her before he or she shall be out of custody, the same being for debts in respect of
which such adjudication shall have been made ; and that every such order of adjudica
tion shall take effect as from the day on which the adjudication shall have been made
Specification of in that behalf ; and that every such adjudication and certificate thereof and order there
debts, &c., not
necessary in upon, may be made without specifying therein any such debt or debts, or sum or sums
order of adju
dication.
of money , or claims as aforesaid, or naming therein any such creditor or creditors as
aforesaid, excepting so far as shall be necessary in any case in order to distinguish