the-ordinances-of-the-legislative-counci-1890 — Page 237

ORDINANCE No. 3 OF 1846. 201


Insolvent Debtors.


to the common gaol, there to remain without bail or mainprize until such time as he
shall submit himself to the order of the said Court in that behalf, and shall answer
upon oath or otherwise, as shall be required, to all such lawful questions as shall be
put to him in pursuance of the same for the purposes aforesaid.

57. And be it enacted and ordained , that in case any prisoner whose estate shall, Persons wilfully
omitting any
by an order under this Ordinance, have been vested in the said provisional assignee, thing in the
schedule, guilty
shall , with intent to defraud the creditors or creditor of such prisoner, wilfully and of a misde
meanour, and
liable to three
fraudulently omit in his schedule, so sworn to as aforesaid, any effects or property years' imprison
ment.
whatsoever, or retain or except out of such schedule, as wearing apparel, bedding,
working tools and implements, or other necessaries, property of greater value than
twenty pounds, every such person so offending, and any person aiding and assisting
him to do the same, shall, upon being thereof convicted by due course of law, be
adjudged guilty of a misdemeanour, and thereupon it shall be lawful for the Court
before whom such offender shall have been so tried and convicted to sentence such
offender to be imprisoned and kept to hard labour for any period of time not exceeding
three years ; and that in every indictment or information against any person for any Indictment need
only set out
offence under this Ordinance, it shall be sufficient to set forth the substance of the substance of
offence charged.
offence charged on the defendant, without setting forth the petition, or order vesting
such prisoner's estate in the provisional assignee, appointment of assignee or assignees ,
or balance sheet, order for hearing, adjudication, order of discharge or remand, or any
warrant, rule, order, or proceeding of or in the said Court, except so much of the
schedule of such prisoner as may be necessary for the purpose.
58. And be it enacted and ordained, that if any prisoner or other person taking Persons swearing
falsely under this
an oath under the provisions of this Ordinance shall wilfully forswear and perjure Ordinance liable
to punishment
himself in any oath to be taken under this Ordinance, and shall be lawfully convicted inflicted for
perjury.
thereof, the person so offending shall suffer such punishment as may by law be
inflicted on persons convicted of wilful and corrupt perjury ; and that in all cases
wherein by this Ordinance an oath is required , the solemn affirmation of any person,
being a quaker or other person by law allowed to affirm , shall and may be accepted
and taken in lieu thereof ; and that every person making such affirmation who shall
be convicted of wilful false affirmation shall incur and suffer such and the same

penalties as are inflicted and imposed upon persons convicted of wilful and corrupt
perjury.
59. And be it enacted and ordained , that if any person who shall at any time be Mode of proceed
ing with
a prisoner in any such prison as aforesaid, upon any such process as aforesaid, shall prisoners of
unsound mind.
be or become of unsound mind, and therefore incapable of taking the benefit of this
Ordinance in such manner as he or she might have done if of sound mind , the gaoler
or keeper of such prison shall forthwith require one or more Justice or Justices to
attend at the said prison, and inquire into the state of mind of such prisoner ; and
thereupon, and also in case any such Justice or Justices shall receive information by
other means, that any such prisoner is of unsound mind as aforesaid, such Justice or
Justices shall go to the said prison, and by his or their own view, and by examination