the-ordinances-of-the-legislative-counci-1890 — Page 674

638 ORDINANCE No. 5 OF 1864.


Bankruptcy and Insolvency.


As to Costs.


[ Section and heading before section 191 (192) inserted by Ordinance
No. 9 of 1864 and remaining sections re- numbered as in brackets. ]

Court may 191. ( 192. ) In all cases where it shall be made to appear to the
grant search
warrant. satisfaction of the Court that there is reason to suspect and believe that

any property of any bankrupt is concealed in any house or other place not
belonging to such bankrupt, the Court may grant a search warrant to any

person appointed by the Court, and it shall be lawful for such person and
his assistants to execute such warrant according to the tenor thereof: and
such person shall be entitled to the same protection as is allowed by law

in execution of a search warrant for property reputed to be stolen or
concealed .


Authority to 192. ( 193. ) Any person appointed by the Court and his assistants,
break open
house, &c. acting under warrant of the Court may break open any house, chamber.
shop, warehouse , door, trunk or chest of the bankrupt where such bank
rupt or any of his property is reputed to be and seize upon the body or
property of such bankrupt : and if the bankrupt be in prison or in custody
it shall be lawful for such person and his assistants to seize any property

of the bankrupt (necessary wearing apparel only excepted ) in the custody
or possession of such bankrupt or of any other person in any prison or

place where such bankrupt is in custody.


Court may 193. ( 194. ) The Court may summon any bankrupt or bankrupt's
summon and
examine wife before it, whether the bankrupt shall have obtained his discharge or
bankrupt and
bankrupt's not, and in case he or she shall not come at the appointed time, the Court
wife .
may, upon proof of the service of such summons , if it shall see fit, direct

by warrant any person the Court shall see fit, to arrest such bankrupt
bankrupt's wife, and bring him or her before the Court ; and the Court.
may examine such bankrupt or bankrupt's wife either by word of mouth
or by interrogatories in writing, touching all matters relating to the
dealings or estate of such bankrupt, or which may tend to disclose any
secret grant, conveyance, or concealment of his lands, tenements, goods ,
money or debts, and the Court may reduce such examination or examina

tions into writing and the bankrupt or bankrupt's wife or both as the case
may be, shall sign and subscribe such examination or examinations

respectively.