the-ordinances-of-the-legislative-counci-1890 — Page 231

ORDINANCE No. 3 OF 1846 . 195


Insolvent Debtors.


between the creditors as to whom any such prisoner may be adjudged to be so discharged
and entitled as aforesaid forthwith, and the creditors as to whom he may be adjudged to
be so discharged and entitled at some future period ; Provided nevertheless, that in
all cases the detainer or detainers with respect to which any such prisoner shall have
been adjudged to be discharged out of custody, he being then in custody thereupon ,
shall be specified in the warrant of the said Court to be delivered to the gaoler in that
behalf.


44. And be it enacted and ordained , that where it shall appear to the said Court Adjudication
may be condi
at any such hearing as aforesaid of any such prisoner, that certain matters or tional in certain
cases.
things ought to be performed by or on behalf of such prisoner before he is intended to
be actually discharged from custody, but that nevertheless it is expedient not to adjourn
the hearing of the case absolutely to some future occasion , without the opportunity
of such discharge being sooner had by doing such things as aforesaid , it shall be lawful
for the said Court to pronounce adjudication without their issuing the order and
warrant pursuant thereto ; and that such adjudication may be directed to be conditional
on the performance of such matters and things as aforesaid ; and that on the non
performance thereof the hearing of such case shall stand adjourned , according to the
direction made in that behalf.


45. Provided always, and be it enacted and ordained , that in all cases where it Where adjudi
cation is a dis
shall have been adjudged that any such prisoner shall be so discharged and so entitled charge at a
future period,
as aforesaid at some future period , such prisoner shall be subject and liable to be de the prisoner may
be detained or
arrested, &c.,
tained in prison, and to be arrested and charged in custody at the suit of any one or till that period
arrives.
more of his or her creditors with respect to whom it shall have been so adjudged , at
any time before such period shall have arrived , in the same manner as he would have
been subject and liable thereto if this Ordinance had not passed : Provided neverthe
less, that when such period shall have arrived, such prisoner shall be entitled to the
benefit and protection of this Ordinance, notwithstanding that he may have been out of
actual custody during all or any part of the time subsequent to such adjudication, by
reason of such prisoner not having been arrested or detained during such time or any
part thereof.


46. And be it enacted and ordained , that in all cases where such prisoner shall, Court may order
detaining cre
ditor to pay
upon such adjudication as aforesaid, be liable to further imprisonment at the suit of prisoner a sum
not exceeding
his creditor or creditors, or any or either of them, it shall be lawful at any time for the four shillings a
week.
said Court, on the application of such prisoner, to order the creditor or creditors at
whose suit he shall be so imprisoned to pay to such prisoner such sum or sums of
money, not exceeding the rate of four shillings by the week in the whole, at such times.
and in such manner, and in such proportions, as the said Court shall direct, and that on
failure of payment thereof, as directed by the said Court, the said Court shall order
such prisoner to be forthwith discharged from custody at the suit of the creditor or
creditors so failing to pay the same.