the-ordinances-of-the-legislative-counci-1890 — Page 238

202 ORDINANCE No. 3 OF 1846.


Insolvent Debtors.


on oath of such person or persons as he or they shall think fit to examine, shall inquire
into the state of mind of such prisoner ; and if it shall appear to such Justice or
Justices upon such inquiry that such prisoner is of unsound mind, and therefore
incapable of taking the benefit of this Ordinance in such manner as a person of sound
mind might do, such Justice or Justices shall forthwith make a record of the fact, and
Application may certify the same to the said Court ; and thereupon it shall be lawful for the said Court,
be made by
persons on behalf at the instance of any person or persons on behalf of such prisoner, to order notice
ofsuch prisoners.
to be inserted in the two public newspapers aforesaid, that application will be made to
the said Court for the discharge of such prisoner on a day to be specified in such order
and notice , being twenty-one days at least from the day of publication of such one of
the said newspapers containing such notice as shall be last published , which notice,
together with the service of the like notice on the creditor or creditors at whose suit
such prisoner, shall be detained in custody, or his or their attorney or attorneys in
such suit, shall be deemed sufficient to authorize the said Court to proceed to the
discharge of such prisoner, if otherwise entitled to such discharge, according to the
Court may true intent and meaning of this Ordinance ; and the said Court shall proceed accord
discharge such
prisoner. ingly, and shall discharge such prisoner from custody, and do all other acts under
this Ordinance, in case it shall appear that such prisoner might have obtained his or
her discharge under this Ordinance if he or she had been of sound mind ; and there
upon all and every estate, right, title, interest in law and equity, real and personal,
power, benefit, and emolument whatsoever, which, if such prisoner was of sound mind ,
could or ought to be vested in the said provisional assignee, pursuant to the provisions
of this Ordinance, shall, by force and virtue of the order of the said Court for the
discharge of such prisoners, be vested in the provisional assignee of the said Court, or
May appoint in the other assignee or assignees appointed by the said Court, and named in the said
assignees ;
order, or in any other order of the said Court in that behalf, as fully and effectually,
and in the same manner, and with all and every the same consequences and effects,
both in fact and law, to all intents and purposes whatsoever, as if such prisoner had
been of sound mind , and such order as aforesaid had been made vesting the same in
such provisional assignee at the time and in the manner in this Ordinance provided ;
May order judg and that it shall be lawful for the said Court to order judgment to be entered up
ment to be
entered up. against such prisoner, in the same manner as if he or she had been of sound mind,
and had executed a warrant of attorney to authorize the entering up of such judgment
in the manner hereinbefore directed ; and such order shall be sufficient authority to
the proper officer for entering up the same ; and any dividend to be made by such

assignee or assignees shall be made in such manner, and such proceedings shall be
thereupon had, as are hereinbefore provided in the case of a dividend of the estate and
effects of any prisoner made before adjudication ; and the discharge of every such
prisoner of unsound mind , so made as aforesaid, shall extend to all debts and sums of
money to which the same might have extended if such prisoner had been of sound

mind, and had duly filed his schedule, according to the provisions of this Ordinance :
Provided always, that every such order of discharge, and of the appointment of an