the-ordinances-of-the-legislative-counci-1890 — Page 626

590 ORDINANCE No. 5 of 1864 .


Bankruptcy and Insolvency.


growing due to such debtor, or to any person or persons in trust for him
or for his benefit or advantage , either solely or jointly with any other

person or persons : and the names and places of abode of the several
persons from whom such debts shall be due or growing due, and of the
witnesses who can prove such debts, so far as such debtor can set forth
the same : and the said schedule shall also contain a balance sheet of so

much of the receipts and expenditure of such debtor, and of the items
composing the same as shall be at any time required by the said Court in
that behalf and also shall fully and truly describe the wearing apparel,
bedding and other necessaries of such debtor, and his or her family, and
the working tools and implements of such debtor, not exceeding in the
whole the value of one hundred dollars, which may be excepted by such

debtor from the operation of this Ordinance, together with the value of
such excepted articles respectively: and the said schedule shall be
subscribed and verified on oath by such debtor , and shall forthwith be
filed in the said Court together with all books, papers , deeds and writings
in any way relating to such debtor's estate or effects, in his or her

possession , or under his or her custody or control .

Court may 33. The Court may upon proof of the filing of such schedule adjudge
adjudge such
debtor bank the debtor, bankrupt, or may adjourn the adjudication of such debtor.
rupt.
Debtors in 34. Every debtor who shall present a petition for adjudication
prison to give
notice to whilst a prisoner in prison , shall by writing give notice to the keeper of
gaoler before
presenting such gaol or prison of his intention so to do, and shall in his petition
petition.
state that such notice has been given .

Debtors not 35. If any debtor petitioning against himself shall not obtain
obtaining
adjudication adjudication within seven days after filing such petition , the Court may
may be
adjudged proceed to adjudge the debtor bankrupt on the petition of any competent
bankrupt on
petition of creditor .
competent
creditor.
As to Pauper and other Prisoners for Debt.

Debtor unable 36. If any debtor, now being, or who shall be imprisoned for any
to pay may
petition in debt or demand , shall through poverty be unable to petition the Court
formâpan
peris. for adjudication against himself in manner hereinbefore mentioned , he shall

be at liberty to petition in formâ pauperis, upon making an affidavit that
he has not the means of paying the fees and expenses usually payable in
respect of a petition for adjudication by a debtor. Such affidavit may be