the-ordinances-of-the-legislative-counci-1890 — Page 675

ORDINANCE No. 5 OF 1864. 639


Bankruptcy and Insolvency.


194. ( 195. ) If in any case it shall be proved to the satisfaction of If bankrupt
be keeping
the Court, that any bankrupt is keeping out of the way and cannot be out of the
way or be
personally served with a summons, and that due pains have been taken to about to quit
the Colony,
effect such personal service , or that there is probable cause for believing Court may
issue warrant .
that he is about to quit the Colony or to remove or conceal any of his
goods or chattels unless he be forthwith apprehended , the Court may, by
warrant, authorise and direct any person or persons it shall think fit, to
apprehend and arrest such bankrupt, and bring him before the Court to
be examined in like manner as is he appeared upon a summons .



195. ( 196. ) After adjudication the Court may summon before it Court
empoweredto
any person known or suspected to have any of the estate of the bankrupt Summon
persons sus
in his possession or is supposed to be indebted to the bankrupt or any pected of
having bank
person the Court may believe capable of giving information concerning rupt's pro
the person, trade, dealings or estate of the bankrupt or concerning any act perty.

of bankruptcy committed by him , or any information material to the full
disclosure of his dealings : and the Court may require such person to
produce any books, papers, deeds, writings or other documents in his
custody or power which may appear to the Court necessary to the verifi
cation of the deposition of such person , or to the full disclosure of any of
the matters which the Court is authorised to enquire into : and if such
person so summoned as aforesaid shall not come before the Court at the

time appointed , having no lawful impediment, ( made known to the Court
at the time of its sitting and allowed by it, ) the Court may by warrant
authorise and direct the person or persons therein named for that purpose
to apprehend and arrest such person and bring him before the Court for
examination .


196. ( 197. ) Where it shall be shown by affidavit to the satisfaction Service of
summons
of the Court that any person to whom any such summons is directed as where person
keeps out of
aforesaid is keeping out of the way and cannot be personally served there the way.
with, and that due pains have been taken to effect such personal service ,
the Court may order by endorsement upon the summons , that the delivery
of a copy of such summons to the wife or servant or some adult inmate of
the house or family of the person, at his usual or last known place of
abode or business , and explaining the purport thereof to such wife , servant
or inmate, shall be equivalent to personal service, and in every such case
the service of such summons in pursuance of such order shall be, and be