the-ordinances-of-the-legislative-counci-1890 — Page 236

200 ORDINANCE No. 3 OF 1846 .


Insolvent Debtors.


such prisoner at the time of his former discharge from custody shall be deemed to be
still in force against him as if such former adjudication had not been made ; and the
gaoler or keeper of the prison to which such prisoner shall be so remanded shall and is
hereby required to receive such prisoner into his custody in pursuance of such remand ,
Insolvent for doing which the order of remand in such case shall be his sufficient warrant ; and
refusing to
appear may be where in any case such prisoner shall refuse or neglect to appear before the said Court
apprehended, &c.
according to such order for re-hearing as aforesaid, a copy whereof shall have been duly
served on such prisoner, it shall be lawful for the said Court to order such prisoner to be
apprehended, and committed to custody in such prison as the said Court shall direct ,
and to issue its warrant accordingly, and to cause such prisoner to be brought up for
In adjudication examination as often as to the said Court shall seem fit : Provided always, that where
of discharge on
re-hearing, the upon such re-hearing it shall appear to the said Court that such prisoner is not entitled
time since former
hearing not to be
calculated. to the benefit of this Ordinance until some future period, according to the provisions
hereinbefore contained, the said Court shall and may, if it shall appear reasonable,
adjudge the discharge of such prisoner at such future period to be calculated without
including the time during which such prisoner shall have been out of custody since the
time appointed for his discharge by such former adjudication as aforesaid.
Where an order 55. Provided always, and be it further enacted and ordained, that if in any case
of discharge has
been issued by an order or warrant for the discharge of any such prisoner shall have issued erroneously,
mistake, the
Court may
revoke and and which is not pursuant to the adjudication made in that behalf, it shall be lawful
amend the same.
for the said Court, on such error being shewn to the said Court, to revoke such order
and warrant, and to annul, suspend , or amend the same , according to such adjudication,
and if necessary to re-commit such prisoner to his former custody, when by such order
or warrant he shall have been discharged therefrom ; and the gaoler or keeper of the
prison to whose custody such prisoner shall be so re-committed is hereby required to
receive such prisoner into his custody according to such re- commitment ; and all
detainers which were in force against such prisoner at the time of such discharge as
aforesaid shall be deemed to be still in force against him, as if such erroneous order or
warrant had not issued.

Prisoner may, 56. And whereas the estate, both real and personal, of any person whose
after discharge,
be examined as
to estate and discharge has been adjudicated under this Ordinance may not be sufficiently described
effects, on appli
cation of or discovered in his schedule so sworn to as aforesaid, or the assistance of such person
assignee.
may be necessary to adjust, make out, recover, or manage his estate or effects, for the
benefit of his creditors ; Be it therefore enacted and ordained , that it shall be lawful
for the assignee or assignees of the estate and effects of any such person whose discharge
shall have been adjudicated under this Ordinance, from time to time to apply to the
said Court that such person may be further examined as to any matters or things
Prisoner refusing relating to his estate and effects, by the said Court ; and in case such person shall
to appear, or to
answer neglect or refuse to appear before such Court at such time and place as shall be directed
questions, may
be committed.
by such order, or appearing, shall refuse to be sworn, or to answer such questions as
shall be put to him relating to the discovery of his said estate and effects, then and in
any of such cases it shall be lawful for such Court by warrant to commit such person