the-ordinances-of-the-legislative-counci-1890 — Page 234

198 ORDINANCE No. 3 OF 1846.


Insolvent Debtors.


If arrested, to be decree, or order for payment of the same, it shall be lawful for any Judge of the Court
released by
Judge of the from which any process shall have issued in respect thereof, and such Judge is hereby
Court from
which process
issued ; required, upon proof made to his satisfaction that the cause of such arrest or detainer
is such as hereinbefore mentioned, to release such prisoner from custody, unless it shall
appear to such Judge, upon inquiry, that such adjudication as aforesaid was made.
without due notice, where notice is by this Ordinance required , being given to or
acknowledged by the plaintiff on such process, or being by him dispensed with by the
acceptance of a dividend under this Ordinance, or otherwise ; and at the same time, if
who may order such Judge shall in his discretion think fit, it shall be lawful for him to order such
costs to be paid
to him. plaintiff, or any person or persons suing out such process , to pay such prisoner the
costs which he shall have incurred on such occasion, or so much thereof as to such
Judge shall seem just and reasonable, such prisoner causing a common appearance to
be entered for him in such action or suit.

After discharge, 51. And be it enacted and ordained, that after any person shall have become en
no execution to
issue against
insolvent for titled to the benefit of this Ordinance by any such adjudication as aforesaid, no writ
debts, &c., to
which adjudica of fieri facias or elegit shall issue on any judgment obtained against such prisoner, for
tion extends.
any debt or sum of money with respect to which such person shall have so become
entitled, nor in any action upon any new contract or security for payment thereof,
except upon the judgment entered up against such prisoner according to this Ordinance ;
and that if any suit or action shall be brought or any scire facias be issued against any
such person , his heirs, executors, or adminintrators , for any such debt or sum of money,
or upon any new contract or security for payment thereof, or upon any judgment ob
tained against, or any statute or recognizance acknowledged by such person for the same,
except as aforesaid , it shall be lawful for such person , his heirs, executors, or adminis
Discharge under trators, to plead generally that such person was duly discharged according to this
this Ordinance
may be pleaded Ordinance by the order of adjudication made in that behalf, and that such order remains
generally.
in force, without pleading any other matter specially ; whereto the plaintiff or plaintiffs
shall or may reply generally, and deny the matters pleaded as aforesaid, or reply any
other matter or thing which may shew the defendant or defendants not to be entitled
to the benefit of this Ordinance, or that such person was not duly discharged according
to the provisions thereof, in the same manner as the plaintiff or plaintiffs might have
replied in case the defendant or defendants had pleaded this Ordinance, and a discharge
by virtue thereof, specially.

When debts are 52. Provided always, and be it enacted and ordained , that if at any time after
satisfied, the
Court may order any such adjudication as aforesaid shall have been made with respect to any such
warrant of
attorneyto be prisoner in pursuance of this Ordinance, it shall appear to the satisfaction of the said
cancelled, and
satisfaction to be
entered on the Court that all the debts in respect of which such adjudication was made have been
judgment.
discharged and satisfied, it shall be lawful for such Court, upon application duly made,
to direct the warrant of attorney executed by such prisoner under this Ordinance to
be cancelled, or if judgment shall have been entered up thereon, to order satisfaction
to be entered on such judgment, and the order of the said Court for entering up such
satisfaction shall be a sufficient authority to the proper officer for entering up the