the-ordinances-of-the-legislative-counci-1890 — Page 627

ORDINANCE No. 5 OF 1864. 591


Bankruptcy and Insolvency.


sworn before the gaoler of the prison where such debtor is confined , and Gaoler to
swear such
such gaoler is hereby empowered and required to take such affidavit and
swear the deponent thereto without fee or reward .

Petitioner to
37. Every person so petitioning in formâ pauperis as aforesaid ,
be brought
shall be brought up to the Court, at its next sitting after the presenta up for ex
amination.
tion of such petition , and shall be examined by the Court touching his
estate and effects , debts , dealings and transactions : and , if the Court shall
be satisfied with such examination , it shall make an order of adjudica

tion against the petitioner, and , if it think fit, may make an order for his
release from prison .

38. Every adjudication against any debtor for debt , so brought up Adjudication
to have
as aforesaid shall, unless the Court shall otherwise direct, have relation relation back
to date of
back to the date of his commitment or detention as the case be : and the commitment.
P
debtor so petitioning in formâ pauperis personally, and all his estate and
I
effects , real and personal, if he has any, shall upon the filing of such
petition be subject to the order and direction of the Court in the same
manner as is provided by this Ordinance in the case of a debtor unable to
meet his engagements .

39. If any such debtor shall refuse to be sworn , or to answer any Debtor refus
ing to be
lawful question of the Court or of any creditor respecting his debts , liabil sworn.

ities , dealings and transactions , or to make a full discovery of his estate
and effects, and of all his books of account, or to produce the same , or to

sign his examination when taken , the Court may by warrant commit him
to gaol, there to be kept , with or without hard labour , for any time not
exceeding one month, and the Court may at the same time adjudge such
person bankrupt. Provided that , if after such adjudication the bankrupt Proviso.
shall, before the period of such commitment has expired , submit to be
examined, and in all things conform to the jurisdiction of the Court , he
I
shall have in all respects the same benefits as if he had submitted to the
Court in the first instance.


As to Petitions by Creditors.

40. Any creditor , whose debt is sufficient to entitle him to petition Creditor may
petition for
under this Ordinance, may petition for adjudication against a debtor, and adjudication.
such petition shall be supported by the oath of the petitioner, and shall
be filed of record and prosecuted in the Court as directed by this
:
Ordinance and from and after the filing of such petition the said Court