the-ordinances-of-the-legislative-counci-1890 — Page 621

ORDINANCE No. 5 OF 1864 . 585


Bankruptcy and Insolvency.


ruptcy ; and, if any adjudication shall have been made upon such petition ,
the Court may either declare such adjudication to be valid and direct the
same to be proceeded in ; or may order it to be annulled and a new petition
for adjudication to be filed, which may be supported either by proof of
such last mentioned or any other act of bankruptcy.

12. The filing of a petition by a debtor for relief as an insolvent Petitions for
adjudication
debtor, after the passing of this Ordinance in any Court having jurisdic- out of this
Colony.
tion for the relief of insolvent debtors in any of Her Majesty's Dominions ,
colonies, or dependencies , shall be evidence of an act of bankruptcy com
mitted by the debtor at the date of such petition ; and the filing of a
petition , in any of the said Courts, after the passing of this Ordinance
against a debtor for adjudication of insolvency, or bankruptcy, followed
by such an adjudication shall together with such adjudication be evidence
of an act of bankruptcy committed by the debtor at the date of the filing
of such petition .

13. If any debtor, having been arrested or committed to prison for Lying in or
escaping out
debt, or on any attachment for non -payment of money, shall, upon such of prison.

or any other arrest, or commitment for debt, or non -payment of money,
or upon any detention for debt lie in prison fourteen days , or having been
arrested for any cause shall lic in prison as aforesaid after any detainer for
debt lodged against him and not discharged ; every such debtor shall
thereby be deemed to have committed an act of bankruptcy from the time
of such arrest, commitment or detainer : or , if any such debtor having

been arrested , committed or detained for debt shall escape out of prison or
custody, every such debtor shall be deemed to have committed an act of
bankruptcy from the time of such arrest, commitment or detention : but

no debtor shall be adjudged bankrupt on the ground of having laid in
prison as aforesaid, unless having been summoned he shall not offer such
security for the debt or debts in respect of which he is imprisoned or
detained as the Court shall see fit : and when such debtor is in custody

such summons shall be delivered to the person in whose custody he is ,

who shall bring him up according to the summons, at the cost of such
person as the Court shall determine .

14. If the goods or chattels of any debtor be seized and sold under Debtor suffer
ing execution
an execution issued in any action for the recovery of any debt or money to be levied
on his goods.
demand exceeding three hundred dollars, such debtor shall be deemed to
have committed an act of bankruptcy from the date of the said seizure ;