INSOLVENT DEBTORS ORDINANCE

INSOLVENT DEBTORS ORDINANCE

Insolvent Debtors.

No. 3 of 1848.

An Ordinance for the Relief of Insolvent Debtors within the Colony
of
rn?of rdsinsa4n8ee,~ a
Hongkong.
.vo. 2 Of 1840.1

6th May, 1846,1
Preamble. '~x'l'HEREAS it is expedient that express provisions should be
made for such cases

of insolvency
1. Bo it therefore enacted and ordained by the Governor of Hongkong with
the,

advice of the Legislative Council thereof, that from and after the time
appointed for
the commencement of this Ordinance, it shall be lawful for any person who
shall. be
in actual custody within the walls of any prison in the Colony of
Hongkong, upon any
process whatsoever, fox or by reason of any debt, damages, costs, sum or
sums of
money, or for or by reason of any contempt of any Court whatsoever, for
non.
payment of any sum or sums of money, or of costs taxed or untaxed, either
ordered to
be paid, or to the payment of which such person would be liable in
purging such
contempt, or in any manner in consequence or by reason of such contempt,
at any
time within the space of fourteen days next after the commencement of the
actual
custody of such prisoner, whether such commencement shall have been in
the same
prison, or in any other prison; or afterwards, if the Supreme Court of
Hongkong
shall in any case think reasonable to permit the same, to * apply ' by
petition i i a.
summary way to the said Supreme Court for his discharge from. such
custody,
according to the provisions of this Ordinance; and in such petition shall
be stated the,
time and place of the first arrest of such prisoner in the cause or
causes wherein lbee
shall then be detained, and the time of his commitment to the prison
where he $lr<alt
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

then be confined; and if such prisoner shall not have been in the same
custody from
the time of such first arrest, then the means and manner by which the
change of
custody of such prisoner has taken,, place, and also the name or names of
the person or
persons at whose suit or prosecution such prisoner shall at the time of
presenting such
petition be detained in custody, and the amount of the debt or debts, sum
or sums of
money, and of such costs as aforesaid, so far as the amount of such costs
is ascertained,
for which he shall be so detained; and such prisoner shall in such
petition state
whether such prisoner has given notice to the keeper of the gaol or
prison in which
he shall be confined of his intention to present the said petition, which
notice the said
prisoner is hereby required to give in writing to the keeper of such gaol
or prison;
and such prisoner shall in such petition state that he is willing that
all his real and
personal estate and effects shall be vested in the provisional assignee
for the time
being of the estates and effects of insolvent debtors in the Colony of
Hongkong,
according to the provisions of this Ordinance, and shall pray to be
discharged from
custody, and to have future liberty of his person against the demands for
which such
prisoner shall be then in custody, and against the demands of all other
persons who
shall be or claim to be creditors of such prisoner at the time of
presenting such
petition; which petition shall be subscribed by the said prisoner, and
shall forthwith
be filed in the said Supreme Court.

Q. And be it enacted and ordained, that if any prisoner who at the time
appointed
for the commencement of this Ordinance shall have been committed to any
prison or
gaol, and charged in execution for any debt, damages, or any costs or sum
or sums of
money, or committed for or by reason of any contempt of any Court
whatsoever for
non-payment of any sum or sums of money, or of costs, taxed or untaxed,
either
ordered to be paid, or to the payment of which such prisoner would be
liable in
purging such contempt, or in any manner in consequence or by reason of
such con.
tempt, shall not, within twenty-one days next after the time appointed
for the
commencement of this Act, * make satisfaction to the creditor or
creditors at whose
suit such prisoner shall have been so committed or charged in execution
for such debt,
damages, costs, sum or sums of money, or to the person or persons
entitled to the
money for the non-payment of which such prisoner shall have been in
contempt, or
to the payment of which such prisoner would be liable in consequence or
by reason of
such contempt; or if any prisoner who after the time appointed for the
commencement
of this Act* shall be committed to any prison or gaol, and charged in
execution for any
debt or damages, or any costs or sum or sums of money, or committed for
or by reason
of any such contempt as aforesaid, shall not, within twenty-one days next
after such
prisoner shall be so committed or charged in execution as aforesaid, make
satisfaction
to the creditor or creditors at whose suit such prisoner shall have been
so committed
or charged in execution for such debt, damages, costs, sum or sums of
money; or to
the person or persons entitled to the money for non-payment of which such
prisoner
shall have been in contempt, or to the payment of which such prisoner
would be
liabley'An consequence or by reason of such contempt; then, and in any of
the sd-

Petition to be
signed and flied.

Detaining cre.
ditors of priso-
ners In execution
may apply Tiy.`,
potitioti o.$tti-
prams Con r
for an ord9x:tG
vest debtofl
estate in ptb4i:
axonal assigrieo
of Court appoin-
ted for that
purpose.

(* Ordinance.]`''
ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

Prisoner's estate
and effects,

except wearing

apparel, 8tc, not

axcaaalng £ao,
and fntnre
estate, to be
vested to provi-
sional assignee
by order of the
Court.

cases, it shall be lawful for any sash creditor or creditors, or person
or persons
entitled to such money as aforesaid, to apply by petition in a summary
way to the said
Supremo Court for an order vesting the real and personal estate and
effects of such
prisoner in the provisional assignee for the time being of the estate and
effects of
insolvent debtors in & Colony of Hongkong, according to the provisions of
this
Ordinance; and such petition shall be signed by the party or parties so
applying; and
in such petition shall be stated the time and place of the commitment or
charge .in

execution of such prisoner at the suit of the party or parties so
applying, and the
amount of the debt or sum of money for which such prisoner shall have
been 0o
co&mitted or charged in execution; and such petition shall be supported
by such
evidence, by affidavit or otherwise, of the truth of the matters therein
stated, as the
said Court shall think fit to require; and the party or parties
presenting such petition
shall thereby state that he or they is or are desirous that such prisoner
should be
ordered to file a schedule of his property according to the provisions of
this Ordinance,
and should thereupon be brought up before the said Supreme Court to be
dealt with
according to the provisions of this Ordinance; and such petition, and the
evidence 'in
support thereof, shall forthwith be filed in the said Court; and the said
Court ahll and
may require such prisoner to file his schedule, and shall and may cause
such prisoner
to be brought up to be dealt with according to this Ordinance, and all
things 2to be done.
thereupon or preparatory thereto as in other eases according to this
Ordinance.

3. And be it enacted and ordained, that upon the filing of such petition
by such -
prisoner, or on the filing of auA petition by such creditor or creditors
as aforesaid, and
the evidence in support thereof, as the case may be, it shall be lawful
for the said
Supreme Court, and such Court is hereby authorized and required, to order
that all
the real and personal estate and effects of such prisoner within this
Colony, except the
wearing apparel, bedding, and other such necessaries of such person and
his family,
and the working tools and implements of such prisoner, not exceeding in
the whole the
value of twenty pounds, and all the future estate, right, title,
interest, and trust of such
prisoner in or to any real and personal estate and effects within this
Colony, or which
such prisoner may purchase, or which may, revert, descend, be devised or
bequeathed,
or come to him, before he shall become entitled to his final discharge in
pursuance -of
this Ordinance, according to the adjudication made in that behalf; or in
case such
prisoner shall obtain his full discharge from custody without any
adjudication. being
made by the said Court, then before such prisoner shall be so fully
discharged from
custody; and all debts due or growing due to such prisoner, or to be due
to him orher
before such discharge as aforesaid, shall be vested in the provisional
assignee for the=
time being of the estates and effects of insolvent debtors in the said
Colony vof
.Hongkong; and such order shall be entered o£ record in the same Court,
and such
notice thereof shall be published as the said Court shall direct; and
such order - when'

so made shall, without any conv8yance or assignment, vest all the real
and peraon~I
estate and effects of such prisoner, and all such future real and
personal estate find
effects as aforesaid, of every nature and kind whatsoever, and all such
debts as af6rc,saiel
ORDINANCE \To. 3 of 1846.

Insolvent Debtors.

in the said provisional assignee: Provided always, that in case the
petition of any such
prisoner shall be dismissed by the said Court, such vesting order made in
pursuance
of such petition shall from and afher such dismission be null and void to
all intents
and purposes: Provided also, that in case any such vesting order as,
aforesaid shall
become null and void by the dismission of the prisoner's petition, all
the acts
theretofore done by the said provisional assignee, or any person or
persons acting under
his authority, according to the provisions of this Ordinance, shall be
good and valid;
and no action or suit shall be commenced against such provisional
assignee, nor against
any person duly acting under his authority, except to recover any
property, estate,
money, or effects of such prisoner, detained after an order made by the
said Court 'for
the delivery thereof, and demand made thereupon: Provided also, that when
such
vesting order shall have been made on the petition of a creditor as
aforesaid, it shall be
lawful for the said Court, if it shall seem just and right, but not
without proof made
to the satisfaction of the said Court of the consent of the petitioning
creditor, to make
order declaring such vesting order to be null and void, and the same
shall thereupon
be null and void to all intents and purposes: Provided always, and it is
hereby declared,
that hefore or after the making of such vesting order it shall and niay
be lawful for the
said Court, if it shall seem fit or expedient, to order any necessary
conveyance by the
said insolvent of the whole or part of his real or personal estate, or
effects or assets
whatsoever, which may be situated abroad or out of the said Colony.

4. And be it ena<eted and ordained, that no prisoner shall upon his own
petition Prisoners within
be entitled to the benefit of this Ordinance who shall not be at the time
of filing his top walls `-
petition, and during all the proceedings thereon, in actual custody
within the walls of
the prison, without any intermission of such imprisonment by leave of the
Court or

otherwise: Provided always, that if, after any such prisoner shall leave
obtained an
order to be brought up in order to be dealt with according to the
provisions of this
Ordinance, it shall appear to the satisfaction of the said Court, by the
oath or affidavit
of a physician, surgeon, or apothecary, and such other evidence as the
said Court may
require, that such prisoner cannot continue to reside within the walls of
any such
prison without serious injury to the health of such prisoner, or that for
the sake of the
health of the prisoners in general, it is necessary that the number
thereof within the
walls of any such prison should be reduced, it shall be lawful for the
said Court to
dispense with such actual custody of any such prisoner within the walls
as is
hereinbefore mentioned; Provided that if any such prisoner, having
obtained such
dispensation, shall go beyond the rules and liberties in which he shall
in pursuance
thereof be confined, such prisoner shall thereby be deprived of all
benefit of this
Ordinance: Provided also, that after any order shall have been made under
this

Ordinance directing any insolvent to be brought up in order to be dealt
with according
to the provisions of this Ordinance, it shall be lawful for the said
Court, if such
Court shall think fit so to do, and on such notice to the detaining
creditor
or creditors of such insolvent as the said Court shall deem proper, to
direct such
ins at to be discharged out of custody, on his finding two sufficient
sureties to. enter

Power to Court

to direct pYieD- '
her to be die- -:
charged on hid' _,;
finding sureties :,.~
to attand at the: .:
time and p18ce3' -
ORDIN~INCE No. 8 0F 1846.

Insolvent Debtors.

into a recognizance to the provisional assignee of the said Court in such
sum as the
said Court. shall think fit, with a condition that such insolvent shall
duly appear at the
time and place fixed for the hearing of such insolvent, and on every
adjourned hearing;
and shall abide by the final judgment of the said Court, and on such
other terms
(if any) as the said Court shall thick fit to impose, and to issue a
warrant directed to
the gaoler, ordering the discharge o£ such insolvent from custody
accordingly; and
that after such discharge such insolvent shall be free from arrest or
imprisonment by
any creditor whose debt shall be specified in the schedule filed by such
insolvent:as
hereinafter mentioned, until the time appointed for the hearing of such
insolvent, and
forauch further time (i£ any) as the said Court shall by endorsement on
such order
from time to time appoint: Provided always nevertheless, that in case any
insolvent so
discharged out o£ custody shall not duly appear at the time and place
fixed for the
hearing or any adjourned hearing of such insolvent (not being prevented
by illness or
other lawful impediment, to be allowed o£ by the said Court) the
recognizance so
entered into shall be forfeited, and the amount secured thereby shall be
recoverable. in
a summary way, by a distress and sale of the goods and chattels of such
sureties, as
the said Court shall by their order direct; and the amount so recovered
shall be aAplied
for the benefit of the creditors o£ such insolvent in like manner as if
the same were
part of his estate and effects; and the said Court may also issue a
warrant authorizing
any person or persons to be therein named to apprehend and arrest such
insolvent;
and deliver him into the custody of the gaoler or keeper in whose custody
such
prisoner was at the dime when he was so discharged as a£ordead--; ahd
such gaol©r or
keeper is hereby required to receive such prisoner again iti#io his
custody ; arid A
detainers which were in force against him at the time of such discharge,
or *hioli
shall have since been duly lodged against him, shall thereupon be deemed
to be ifl
force: Provided further, that any insolvent so discharged out of custody
as aforesaid
shall, on his appearing before the said Court, be deemed and considered
for all the
purposes of this Ordinance, in the custody in which he was at the time he
was vo
discharged.

Prisoner not to lj, .And be it enacted and ordained, that no prisoner
whose estate shall, by an
be discharied
for want o
F latTitiff proceed- order under this Ordinance, have been vested in the
said provisional assignee &ball, after
ng In his
action. the making of such order, be discharged out of custody, as to any
action suit or
process for or concerning any debt, sum of money, damages, or claim with
respect to
which an adjudication can, under the provisions of this Ordinance, be
made by or by
virtue of any supersedes, judgment of non pros, or judgment as in the
case o£ a non-suit,
for want of the plaintiff or plaintiffs in such action, suit, or process
proceeding therein.
Proviaionai as. g, And be it enacted and ordained, that it shall be lawful
for the provisional
signee to tales
possession of assignee of the said Court to take possession himself, or by
means of a messenger o!F
estates, &c.,
avested ii in the said Court, or other person or persons appointed by him,
of all the real and`
same if the
Court 'directs; personal estate and effects of every such prisoner, vested
in such provisional assignee b y

virtue of any such order or conveyance as aforesaid.; and if the said
Court shall so-
order, to sell or otherwise dispose of such goods, chattels, and personal
estate, ox and
ORDINANCE No. 3 of 1846.

Insolvent .Debtors.

part thereof, and of the real estate of such prisoner, according to the
provisions herein.
after made with regard to the sale of such real estate, and out of the
proceeds of such
real and personal estate to defray, ~sn the first place, all such costs
and expenses of, taking
possession or of seizing and selling the same, as shall be allowed by the
said Court, and
to account for the produce of such sale or disposition to the said Court;
and it shall
be lawful for the said provisional assignee to sue in his own name, if
the said Court shall
so order for the recovering, obtaining, and enforcing of any estates,
debts, effects, or
rights of any such prisoner; and all and every the real and personal
estate, honey, and
effects, vested in or possessed by such provisional assignee by virtue of
such order as
aforesaid, .shall not remain in him if be shall resign or be removed from
his office, clog
in his heirs, executors, or administrators, in case of his death, but
shall in every such
case go to and be vested in his successors in office appointed by the
said Court as
aforesaid.

'J, And be it further enacted and ordained, that the said Court may order
and
direct such provisional assignee as aforesaid, or such assignee or
assignees as a.re
hereinafter mentioned, to pay to any such prisoner, out of his or her
estate and effects,
such 'allowance for his or her support and maintenance during such
prisoner's
imprisonment, and previous to the adjudication in the matter of his
petition, or for the
expenses of rnoking out and filing his schedule, as to the said Court
shall seem
reasonable and fit.

$. Provided a'ra
e, and be it enacted and ordained, that in case any prisoner as
;.
to whose estate arif.Sidt~ any such vesting order as aforesaid shall have
been made
shall, by the consent oil default of his detaining creditor or creditors,
be discharged out
of custody without any adjudication being made in that behalf by the said
Court, all
the acts done before such discharge by the said provisional assignee, or
other assignee
or assignees appointed as hereinafter provided, or other person or
persons acting under
his or their authority, according to the provisions of this Ordinance,
shall be good and
valid; and that in such case, no action or suit shall be commenced
against such
provisional assignee, or against any assignee or assignees appointed
under this Ordi-
nance, nor against any person duly acting under his or their authority,
except to
recover any property, estate, money, or effects of such prisoner,
detained after an
order made by the said Court for the delivery thereof, and demand made
thereupon.

9. And be it enacted and ordained, that it shall be lawful for the said
Court to
appoint any of its officers as a provisional assignee, or at any time
after the making any
such vesting order as aforesaid as to the same Court shall seem
expedient, to appoint a
proper person: or persons to be assignee or assignees of the estate and
effects of such
prisoner, for the purposes of this Ordinance; and when such assignee or
assignees
shall have signified to the said Court his or their acceptance of the
said appointment,
the astate, effects, rights, and powers of such prisoner, vested in such
provisional
assignee as aforesaid, shall immediately, by virtue of such appointment,
and Without
any Conveyance or assignment,, vest in the said assignee or assignees, in
trust for the
\benefit of. the creditors of such prisoner, in respect of or in
proportion to, their

Paying the ex-
penses, &c.

To one in his
own name, &c.

Property vested
in him to go to
his successor in
office.

Court may order
an allowance to
prisoner during
his confinement,
or for expense
of schedule.

When prisoner
is discharged
out of custody,
acts of assignees
to be valid.

No action to be
brought against
them where
assignment is
avoided.

Power of Court,
to appoint
assignees.
Certified copy
of order and
appointment to
be evidence.

Proviso for
registry*
.

axle of estate
and effects, to
be mzde im
mediataly°.

ORDINANCE -NIo. 3 oF 1846.

Insolvent Debtors.

respective debts, according to the provisions of this Ordinance; and
every such
appointment shall, after such acceptance thereof, be entered of record of
the acid Court;
and such notice thereof shall be published as the said Court shall
direct; and ever:
person so appointed assignee shall be deemed to be an officer of the said
Court, and
shall be liable as such to the controul thereof: Provided always, that it
shall be lawful
.for the said Court to direct any fee or remuneration for the performance
of duties in:
getting in and distributing the estate of any insolvent debtor, whether
by any a>asig-nee
or by the provisional assignee, in case of such distribution being
effected without the
appointment of any other assignee, which shall not exceed the rate of
five per centum:
on 'she sum received as produce of such estate.

10. And be it enacted and ordained, that a copy of any order under this
Ordinande~
vesting the estate and effects of any prisoner in the provisional
assignee of the estate
and effects of insolvent debtors, or of the appointment, under the
provision last herein:
before contained, of an assignee or assignees of such estate and effects,
such copy
purporting to have the certificate of the provisional assignee of the
said Court, or big,
deputy appointed for that purpose, endorsed thereon, and to be sealed
with the seal of
the said Court, shall, in all Courts and places within the said Colony,
and without
further proof, 1>e recognized and received as sufficient evidence of such
order. and:
appointment respectively having been made, and of the title of the
provisional assignee, .
and of such other assignee or assignees respectively, under the same:
Provided always;:.
that whore, according to any laws now in force, any conveyance or
assignment of any
real or personal property of an insolvent debtor would be required to be
registered,
enrolled, or recorded in any Registry Office in the said Colony, then and
in every such
case said certified copy as hereinbeforo is described of such order under
this Ordinance,
vesting the estate and effects of any prisoner in the provisional
assignee of the said
Court, and a life certified copy of the appointment of an assignee or
assignees under
this Ordinance (if any each appointment shall have been made), shall be
registered in
the Registry Office, Court, or place wherein such conveyance or
assignment as last,
aforesaid would require to be registered, enrolled, or recorded; and the
registry hereby
directed shall have the like effect, to all intents and purposes, as the
registry, enrolment,,
or recording of such conveyance or assignment as last aforesaid would
have had; and
the title of any purchaser of any such property as last aforesaid for
valuable consider.,
ation, without notice of any such order or appointment as aforesaid, who
shall have
duly registered, enrolled, or recorded his purchase deed previously to
the registry
hereby directed, shall not be invalidated by reason of such order as
aforesaid, or the
appointment of an assignee or assignees as aforesaid, or the vesting of
such property,
in him or them consequent thereupon respectively, unless a certified copy
of such order
and a certified copy of each appointment, if any, shall be registered as
aforesaid within
the time following; that is to say, within one month after the date of
such order andlr
appointment respectively.

11. And be it further enacted and ordained, that the assignee or
assignees of the
estate and effects of any such prisoner shall, with all convenient speed
after his ox°theix-
ORDINANCE No. 3 u 1846.

Insolvent Deborx,

appointment, use his or their best endeavours to receive and get in the
estate and effects
of such prisoner, and shall with all convenient speed make sale of all
such estate, and
effects; and if such prisoner shall be interested in or entitled to any
real estate, either
in possession, reversion, or expectancy, such real estate, within the
space of six inpnthq
after the appointment of such assignee or assignees, or within such other
time as the
said Court shall direct, shall be sold by public auction, in such manner
and at such,
place or places, as shall, thirty days before any such safe, be approved,
in writing Vuder
their bands, by the major part in value of the creditors of such prisoner
entitled to the
benefit thereof, who shall meet together on notice of such meeting,
published fourteen
days previous thereto in the Colonial paper used at the time in the
Colony for (lovei>i-
meat notifications, and also in some other paper circulating therein.

12. And whereas persons whose estates may, by an order under this
Ordinance,
have been vested, in the said provisional assignee, may be entitled to
annuities for
their own lives, or other uncertain interests, or to reversionary or
contingent interests,
or to property under such circumstances that the immediate sale thereof
for payment
of their debts may be very prejudicial to there, and deprive them of the
means of
subsistence which they might otherwise have, after payment of their
debts; and it
may be proper in some cases to authorize the raising of money by way of
mortgage
for payment of the *ta or part of the debts of such person, instead of
aching the
property o be it enacted and ordained,
that in all
such cases it shall be lawful for the said Court to take into
consideration all circum-
stances affecting the property of any such person; and if it shall appear
to the said
Court that it would be reasonable to make any special order touching the
save, it shall
be lawful for the said Court so to do, and to direct that such property
as ix may by
expedient not to sell, or not to sell immediately, according to the
provisions of this
Ordinance, shall not be so sold, and from time to time to order end
direct in what
man4Pr such property shall be managed for the benefit of the creditors of
such pexsop,
pntil the same can be properly sold, or until payment of all such
creditors, according
to the provisions of this Ordinance, shall have been made, and to male
sncb orders
touching the sale or disposition of such property as to the said Court
shall seem
]reasonable, considering the rights of tie creditors of such person to
payment of their
demands, and the future benefit of such person after payment of his
delta, apd upon
such terms and conditions with respect to the allowance of interest on
debts not bearing
interest, ox other circumstances, as to the said Court shall seem just ;
and if it shall
appear to the said Court that the debts of such person can be dispbargecl
by meftns of
money raised by way of mortgage .air any property of such person, instead
of ,raisin
the same by sale, it shall be lawful for the said Court so to order, and,
to dive all
necessary directions for such purpose, and generally to direct all things
which mliy be
proper far the discharge of the debt of such person in such manner as may
b_e most
vzongistep>i with the jntprga~ of suph person iq ,any surplus of his ox
her effectq sftex
payment of such debt.

Credir~ r9 q
meet ~rt~ 'da,~
before salt Q~`
real estate.
Meeting to be
advertised.

Discretion in
Court as to the
disposal of pro.
party in certain
eases,

Property may
be mortgaged
if more bene-
Assignees may

execute which thowine solvent

have ex ecntad
for his own
benefit.

Where lease ac.
cepted by as-
he
the
inaotvent not
liable for the
rent.

Assignees not
determining
whether to at-
cept the lease,
the lessor may
apply to the
Court.

Assignees may
sue to their
own names;

ORDINANCE No. 3 of 1846.

Insolvent Debtors.

13. And by it enacted and ordained, that all powers vested in any such
prisoner
whose estate shall, by an order under this Ordinance, have been vested in
the pro-
visional assignee, which such prisoner might legallyaexecute for his own
benefit, shall
be and are hereby vested in the assignee or assignees of tile real and
personal estate
of such prisoner-by virtue of this Ordinance, to be by such assignee or
assignees
executed for the benefit of all and every the creditors of such prisoner
under this
Ordinance, in such manner as such prisoner might have executed the same.
11, And be it enacted and ordained, that in all cases in which any, such
prisoner
shall be entitled to any lease or agreement for a lease, and his assignee
or assignees
n
shall accept the same, and the benefit thereof, as part of such
prisoner's estate and
effects, the said prisoner shall not be or be deemed to be liable to pay
any subsequent
teat to which his discharge, adjudicated according to thin Ordinance, may
not apply,
nor be in any manner sued after such acceptance in respect or by reason
of any,
subsequent non-observance or non-performance of the conditions,
covenants, or
agreements therein contained: Provided that in all such cases as
aforesaid it shall be
lawful for the lessor, or person agreeing to make such lease, his heirs,
executors,
administrators, or assigns, if the said assignee or assignees shall
decline, upon his or
their being required so to do, to determine whether he or they will or
will not accept
such lease or agreement for a lease, to apply to the said Court, praying
that he or
they may either so accept the same, or deliver up such lease or agreement
for a lease,
and the possession of the premises demised or intended to be demised ;
and the said
Court shall thereupon make such order as in all the circumstances of the
case shall
seem meet and just, and such order shall be binding on all parties.

16. And be it enacted and ordained, that it shall be lawful for the
assignee or
assignees of soy such prisoner, and such assignee or assignees is and are
hereby
empowered, to sue, from time to time as there may be occasion, in his or
their own:
name or names, for the recovery, obtaining, and enforcing of any estate,
effects, or
rights of such prisoner, but in trust for the benefit of the creditors of
such prisoner,
according to the previsions of this Act, and to give such discharge and
discharges to
any person or persons who shall be respectively indebted to such prisoner
as may be

may meisecom. requisite; and to make compositions with any debtors or
accountants.to such prisoner,
aBD~ osition for where the some shall appear necessary, and to take such
reasonable part of any such
debts as can, upon such composition, be gotten in full discharge of such
debts and
accounts; and to submit to arl itration any difference or dispute between
such assignee
or assignees and any person or persons for or on account or by reason of
any matter,

cause, or thing relating to the estate and effects of such prisoner:
Provided never-
theless, that no such composition, or submission to arbitration, shall be
made, nor
any suit in equity be commenced, by any such assignee or assignees,
without the
consent in writing of the major part in value of the creditors of such
prisoner theilE
residing in the said Colony, who shall meet together pursuant to a notice
of such
meeting, to be published at least fourteen days before such meeting in
the two afore-
said newspapers, nor without the approbation of the said Court. .- .

Proviso for con-
sent of creditors
to compositions
and arbritra-
tfone.
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

16. And be it enacted and ordained, that all matters wherein creditors
shall vote,
or wherein the assent or dissent,of creditors shall be exercised in
pursuance of or in
carrying into effect this Ordinance, every creditor shall be accounted
such in respect
of such amount only as upon an accoant fairly stated between the parties,
after
allowing the value of mortgaged property, and other such available
securities and liens,
shall appear to be balance due ; and that all disputes arising in such
matters concern-
ing any such amount shall, upon application duly made in that behalf, be
examined
into by the said Court, who shall leave power to determine the same, and,
if it seem
fit, to refer the examination thereof to an officer of the said Court, or
to an examiner
to be appointed for that purpose by the said Court; Provided always, that
the amount
in respect of which any such creditor shall vote in any such matter shall
not be
conclusive of the amount of his or her debt for any ulterior purposes, in
pursuance
of the provisions of this Ordinance.

17. And be it enacted, that whenever any such assignee or assignees shall
die or suite net to be

aad W
be removed, or a new assignee or assignees shall be appointed in
pursuance of the obr remwalYr
assignees.
provisions of this Ordinance, no action at law or suit in equity shall be
thereby abated,
but the Court in which any action or suit is depending may, upon the
suggestion of
such death or removal and new appointment, allow the name or grimes of
the survi.
ving or new assignee or assignees to be substituted in the place of the
former; and
such action or suit shall be prosecuted in the name or names of the said
surviving or
new assignee or assignees, in the same manner as if he or they had
originally com.
menced the same.

18. And be it enacted and ordained, that nothing in this Ordinance
contained
shall extend to entitle the assignee or assignees of the estate and
effects of any such
prisoner, being or having been an oficer of the army or navy, or an
officer, or clerk, or
otherwise employed or engaged in the service of Her Majesty in any civil
office, and
being or having been in the naval or military service of the East India
Company, or
an officer, or clerk, or otherwise employed or engaged in the service of
the Court of
Directors of the said Company, or being otherwise in the enjoyment of any
pension
whatever under any department of Her Majesty's Government or from the
said Court
of Directors, to the pay, half pay, salary, emoluments, or pension of any
such prisoner,
for the purposes of this Ordinance: Provided always, that it shall be
lawful for tile
said Court to order such portion of the pay, half pay, salary,
emoluments, or pension
of any such prisoner, as on communication from the said Court to the
Secretary at
War, or the Lords Commissioners of the Admiralty, or the Commissioners of
the
Customs or Excise, or the chief officer of the department to which such
prisoner may
belong or have belonged, or under which such pay, half pay, salary,
emoluments,
or pension may be enjoyed by such prisoner, or the said Court of
Directors, be or they
may respectively, under his or their hands, or under the band of his or
their Chief
Secretary, or other chief oficer for the time being, consent to in
writing, to be paid to
such assignee or assignees; in :oxder that the same may be applied in
payment of the
debts of such prisoner; and such orAer and consent being lodged in the
office of Rer

Creditors to vote
according to
balance due to
them on account
fairly stated.

Assignee's pqrv~r
not to extend
to the pay or
pension of naval,
military, or civil
officers.

Portion of pay
or pension may
be obtsined on
application.
- ' - ~1-~ ° ORDINANCE No. 3 of 1846.
' Insolvent Debtors.

Majesty's Pay-Master General, or of the Secretary of the said Court of
Directors, or
of any other officer or person appointed to pay, orepayiug, any such pay,
half pay,
salary, emoluments, or pension, or such portion of the said pay, half
pay, salary,
emoluments, or pension, as shall be specified in such order and consent
shall be paid
to the said assignee or assignees, until the said Court shall make order
to the contrary.

Goods to poe- 19. And be it enacted and ordained, that if any such
prisoner shall, at the time
session. of priso-
ner,where,fha of his arrest, or other commencement of his imprisonment, by
the consent and permis-
was reputed
awner.tobe sion of the true owner thereof, have in his possession, order,
or disposition, my goods
deemed his pm
portY' or chattels whereof such prisoner was reputed owner, or whereof be
had taken upon
him the sale, alteration, or disposition as owner, the same shall be
deemed to be the
property of such prisoner, so as to become vested in the provisional
assignee of the
said Court by tire order made in pursuance of this Ordinance.
Distress notto 20. And be it enacted and ordained, that no distress or
distresses for rent made
be avai'0le tar
more tban one and levied after the arrest or other commencerneut of the
imprisonment of any person
year's rent.
whose estate shall, by any such order as aforesaid, have been vested in
the provisional
assignee, upon the goods or effects of any such person, shall be
available for more than
one year's rent accrued prior to the making of such order, but that the
landlord or
party to whom the rent shall be due shall and may be a creditor for the
overplus of the
rout due, and for which the distress shall not be available, and entitled
to all the pro-
visions made for creditors by this Ordinance.

Voluntary pre-
ference fraudu-
lent and void as
against assig-
pees.

(6 Ordinance.]

Provisions of 8
C3. 4 c. 88, Px
tended to the
aasignees of
ineolventa

21. And be it enacted and ordained, drat if any such prisoner shall,
before or after
his or her imprisonrrfent, being in insolvent circumstances, voluntarily
convey, assign,
transfer, charge, deliver, or make over any estate, real or personal,
security for money,
bond, bill, note, money, property, goods, or effects whatsoever, to any
creditor or cre-
ditors, or to any person or persons in trust for, or to or for the use,
benefit, or advantage
of any creditor or creditors, every such conveyance, assignment,
transfer, charge, deli-
very, and waving over shall be deemed and is hereby declared to be
fraudulent arid
void as against the provisional or other assignee or assignees of such
prisoner appointed
under this Ordinance: Provided always, that no such conveyance,
assignment, transfer,
charge, delivery, or making over shall be so deemed fraudulent and void
unless made
within three mouths before the commencement of such imprisonment, or with
the view
or intention, by the party so conveying, assigning, transferring,
charging, delivering,
or making over, of petitioning the said Court for his discharge from
custody under this
Act. *` '

22. And whereas an Act passed the Imperial Parliament in the third year
of the
reign of His late Majesty King George the Fourth, intitule<i An Act for
preventing
.Frauds upon Creditors by secret Warrants of Attorney to confess
Judgment; And whereas
it is expedient to extend the provisions of such Act; be it therefore
enacted and or:
dained, that the last mentioned Act shall extend to the provisional or
other assignee or
assignees of every prisoner whose estate shall, after the expiration of
twenty-one days
finest after his execution o£ such warrant of attorney, or giving of such
cognovit actionem;
ORDINANCE No. 3 of 1846.

Insohent Debtors.

as therein mentioned, be vested in the provisional assignee of the said
Court by virtue
of this Ordinance, as if the last mentioned Act had been expressly herein
enacted; and
every such warrant of attorney, and judgment and execution thereon, and
every such
cognovit rxctionem, and judgment entered up thereon, and execution taken
out on such
judgment, as are declared by the last mentioned Act to be fraudulent and
void against
the assignees mentioned therein, shall be deemed equally fraudulent and
void against
the provisional or other assignee or assignees of such prisoner,
appointed under this
Ordinance; and such provisional or other assignee or assignees shall be
entitled to
recover back and receive, for the use of the creditors of such prisoner,
all and everythe
moneys levied and effects seized under or by virtue of any such judgment
or execution.

23. And be it further enacted and ordained, that in all cases where any
prisoner
whose estate shall have been vested in the said provisional assignee
under this Ordinance
shall have executed any warrant of attorney to confess judgment, or shall
have given
any cngnovit actionem or bill of sale, whether for a valuable
consideration or otherwise,
no person shall, after the commencement of the imprisonment of such
prisoner, avail
himself or herself of any execution issued or to be issued upon any
judgment obtained
or to be obtained upon such warrant of attorney or cognovit actionem, or
of such bill of
sale, either by seizure and sale of the property of such prisoner, or any
part thereof, or
by sale of such property theretofore seized, or any part thereof; but
that any person or
persons to whom any aura or sums of money shall be due in respect of any
such war.
rant of attorney or cognovit actionem, or of such bill of sale, shall and
may be a creditor
or creditors for the same under this Ordinance.

24. And be it further enacted and ordained, that the said provisional
assignee
shall keep account from day to day, the same to be of record in the said
Court, of all
moneys received and paid, and of everything done by him and under him in
the matter
of every estate of any such prisoner vested in him, and shall wake oath
of the truth of
every such account as often as ho shall be duly required so to do; and
that every other
assignee of any such estate at the end of three months at the farthest
from the time
of his appointment, or sooner if the said Court shall direct, and so from
time to time
as occasion shall require or the said Court shall direct, shall make up
an account of
such estate, and make oath in writing before any person before whom
affidavits are by
this Ordinance directed to be sworn, that such account contains a fair,
just, and par-
ticular account of the estate and effects of such prisoner, got in by or
for such assignee,
and of all payments necessarily made or deducted therefrom, and of all
expenses sought
to be allowed in respect thereof, up to the time of filing such account,
or to some ul-
terior time if need be; which account so sworn, together with a minute
concerning the
probable assets of the estate (if any), shall be filed with the proper
officer of the said
Court; and thereupon and at the time of so filing, the same appointments
shall be made
for the examination of such accounts, and for taxation of all coats and
charges claimed
by such assignee; and examination shall be had of the proceedings of the
acid provi-
sional -assignee, or of any other assignee or assignees as the case may
be, and of all the
matters of his or their account, by the Court, or a commissioner thereof,
or an examiner

warrant of at-
tnrney and
cognnnit aetto
nem not to be
acted upon
againat goods
of insolvent af.
ter his Impri.
sonment.

Assignees to file
accounts.

Accounts to be
a.ulited.
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

eDeeritainoa 8 a duly appointed, before any such assignee shall proceed to
a dividend; and if upon such
dividend made. examination there shall appear to be in the bands of supb
assignee or assignees any balance
wherewith adividendma.y be made, proceedings sballbe bad forthwith under
the direction
of the said Court for making such dividend, and also, when it shall
appear necessary,
for correcting and ascertaining the list of creditors entitled to receive
the same; and
notice of any meeting ordered to be held for such ascertaining of debts,
or for declaring
dividend thereupon, or for both purposes, shall be given for such time
and place and in
How dividend such manner as the said Court shall at any time or in any
case direct; and in case such
to be made.
dividend shall be made before adjudication shall have been made with
respect to such
prisoner as hereinafter provided, the same shall be made amongst the
creditors of suph
prisoner, who shall prove their debts in pursuance of any order of the
said Court to be
made in that behalf; and in case such dividend shall be made after such
adjudication,
the same shall be made amongst the creditors of such prisoner, whose
debts shall be
admitted in his or her schedule so sworn to as hereinafter directed, and
amongst such
other creditors (if any) who shall prove their debts in manner aforesaid,
in proportion
to the amount of the debts so proved, arid so admitted and proved
respectively, as the
Court may exa- ease rnay be : Provided always, that if any such prisoner,
creditor, or assignee shall
mine into dis.
pntedciaims. object in whole or in part to any debt tendered to be so
proved as aforesaid, or to any
debt mentioned in the schedule of such prisoner, or if any person whose
demand is
stated in such schedule, but is not admitted therein to the extent of
such demand, shall
claim to be admitted as a creditor for the whole of such demand, or for
more thereof
than is so admitted, the said objections and claims shall, upon
application duly made,
be examined into by the said Court; and the said Court may, if it shall
seem fit, refer
the examination of the same to an officer of the said Court, or to an
examiner duly
appointed in pursuance of this Ordinance; and the said Court, and such
officer or
examiner to whom such reference shall have been made, shall have full
power for the
purpose aforesaid to require and compel the production of all books,
papers, and writ-
ings which may be necessary to be produced, as well by the person
claiming such debt,
as by such prisoner, or his or her assignee or assignees, creditor or
creditors, and to
examine all such persons and their witnesses upon oath, as the nature of
the case may
require, and to take all other measures necessary for the due
investigation of such
objections and claims; and the decision of the said Cdurt thereupon shall
be conclusive
with respect to the title of any such creditor or creditors to his, her,
or their share of
such dividend under the provisions of such ordinance: Provided always,
that. if in any
case it shall appear expedient that the proof of any debt or debts should
be required

to be made at any earlier or other period than as aforesaid, it shall be
lawful at any
time for the said Court, by notice as may be directed in that behalf, to
cause all or any
of the creditors to prove their debts in such manner as the said Court or
a commissioner
thereof shall require, and to decide upon such debts and the rights to
receive dividends
thereupon, and to do all things requisite thereto as aforesaid.

If prisoner, or 25. And be it further enacted and ordained, that in case
such prisoner, or aziy-of
creditor, or
Court dissatis- his ox her creditors, or the said Court, shall at any time
be dissatisfied with =the
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

account of any such assignee or assignees, so rendered upon oath as
aforesaid, and it
shall appear to the said Court that the matters of such account require a
fuller or
further examination; or in case any such assignee or assignees shall
neglect to render
such account, or shall neglect to dispose of the property or collect the
effects of such
prisoner, or sball in any manner waste or mismanage the estate or effects
of such
prisoner, or neglect to make a due distribution tbereof,-it shall be
lawful for the said
Court to require such assignee or assignees to render such account on
oath as is direc.
ted by this Ordinance, if not before rendered, and for the said Court to
examine or
further examine any account so rendered, and to enquire into any waste,
mismanage.
went, or neglect of the estate and effects of such prisoner, and, if it
shall seem fit, to
order that it shall be referred to an officer of the said Court, or to an
examiner duly
appointed in pursuance of this Ordinance to investigate the accounts of
such assignee
or assignees so rendered as aforesaid, together with all matters brought
forward in
objection thereto, and to examine into the truth thereof, and to report
thereon to the

s*d Court: and it shall and may be lawful for the said Court or such
officer or
ai
examiner, upon such reference as aforesaid, to require and nompel the
production of
all books, papers, and writings necessary for such purposes, and to
summon all parties
and their witnesses on oath as the case may require; and the said Court
shall and
may take all such measures as shall be necessary for the compelling of
the rendering
of such account and for the due investigation thereof, and shall have
power to disallow
any charge or charges in such account which it shall appear to the said
Court ought
not in fairness to be allowed, and to ascertain the produce of the estate
and effects
of any such prisoner to be divided among his or her creditors, and to
direct the
distribution thereof, and to take all such measures and make such order
as may
be necessary for compelling the proper disposition and distribition
thereof, and to
award costs against any of the parties, as justice shall require; and
tbat if sball appear
to the said Court upon any examination of the matters of account that any
such
assignee or assiguees sball have wilfully retained in his or her bands,
or otberwise
employed for his or their own benefit, any sum or sums of money, part of
or being~the
produce of such estate or effects, the said Court shall have power and
authority to order
such assignee or assignees to be charged, in his or their accounts with
the estate of
such prisoner, with such sum or sums of money as shall be equal to the
amount of
interest, computed at a rate not exceeding twenty pounds per centum per
annum on
all sums of money appearing to the said Court to be so retained or
employed by him or
them for the time or times during which he or they shall have so retained
or employed
the same; and the said Court shall, in pursuance of such order, charge
such assignee
or assignees in their accounts with such sum or sums of money accordingly
; and the
decisions of the said Court upon all such matters shall be final and
conclusive.

26. And be it further enacted and ordained, that in all cases where any
dividend

fled with assig.
nee's account,
the Court may
direct inquiry.

Court may char-
ge assignee with
twenty per cent
on money wil-
fully retained.

Assignees to pay
claim

or dividends have remained in the bands of any assignee or assignees for
the space of dends intoi -
twelve months next following the declaring thereof, such dividend or
dividends shall be Court.
-paid by such assignee or assignees into the said Court to be placed to
the credit of the
Court may re-
ttibve assignees
and appoint new
assignees.

(w Ordinance.]

What shall be

evidence of re
moval and ap.
pointment.

Court may cum
mit for refusing
to file accounts
and other con-
teurpte.

ORDINANCE No. 3 ov 1846.

Insolvent Debtors.

proper party or parties in that behalf under such estate: Provided
always, that it shall=
be lawful for the said Court at any time, although such twelve months may
not have
expired, if it shall seem fit, to direct that all unpaid ,,nd unclaimed
dividends, together
with the balance remaining in the hands of any assignee or assignees,
shall be paid
forthwith into the said Court to the credit of the said estate, or of the
particular
creditors thereof, as the case may be.

27. And be it further enacted and ordained, that in ease any assignee of
the
estate and effects of any sucb prisoner so appointed as aforesaid shall
be unwilling to
sot, or in case n the death, incapacity, dieabilty, misconduct, or
absence from the Colony
of any such assignee, or other cause of unfitness appearing to the said
Court, it shall be
lawful to and for any creditor or creditors of such prisoner to apply to
the said Court
to appoint a new assignee or assignees with like powers and authorities
as are given by
this Ordinance to the assignee or assignees hereinbefore mentioned ; and
that the said
Court shall have power to remove such assignees, and to appoint such new
assignee or
assignees, and to compel Any assignee who shall be removed, and the
heirs, executors,
and administrators of any deceased assignee, to account for and deliver
up to the said
Court, or as the said Court shall order, all such estate and effects,
books, papers,
writings, deeds, and other evidences relating thereto, as shall remain in
his or their
hands, to be applied fur the purposes of this Act;' and the decision of
the said Court
in the matte rtt aforesaid shall be final and conclusive ; and from and
immediately
after such appointment of a new assignee or assignees, and by virtue of
the order.of
said Court in that behalf, all the estate, effects, rights, and powers of
such prisoner
vested in arty curb former assignee or assignees shall become, and the
same are hereby
vested in such new assignee or assignees without any assignment or
conveyance execu.
red in that behalf; and every such removal or appointment shall be
entered of record
in the said Court, and such notice thereof shall be published as the said
Court shall at
any time direct: such certified copy thereof as is hereinbefore directed
to be received
as proof of such order and appointment as aforesaid made in pursuance of
this
Ordinance.

2$. And be it further enacted and ordained, that in case any assignee or
other
person shall disobey any rule or order of the said Court duly made by the
said Court
for enforcing the purposes and provisions o this Ordinance, or made and
entered into
by the consent of such assignee or other person for carrying into effect
the purposes
and provisions of this Ordinance, it shall and may be lawful for the said
Court to
order the person so offending to be arrested and committed, as for a
contempt of the
said Court, to the prison or common gaol, there to remain without bail or
mainprize
until such person shall have fulfilled the duty required by the said
recited sole of this
Ordinance, or until the said Court shall make order to the contrary.

Court may di- 2~. And whereas it may often happen that ,some interest in,
lands and tenements
reef conveyance
by provisional has or may become vested in the provisional assignee of the
said Court for the relief
assignee where
no assignee is of in'aolveut debtoxa which appears to be of no value to
creditors, but nevertheless -it
appointed.
may be reasonable and expedient that the provisional aas'igxiee should.
make or job iA
ORDINANCE No. 8 OF 1846.

Insolvent Debtors.

making some conveyance or assignment of the same, and that the same
should be done
without the expense attending advertisements and meetings of creditors,
as herein-
before described in certain cases;,Be it therefore enacted and ordained,
that it shall
be lawful for the said Court, at any time after the day gazetted for the
bringing up of
any prisoner to be dealt with according to the provisions of this
Ordinance, if no person
or persons other than the said provisional assignee, shall have been
appointed assignee
or assignees of his estate and effects, and if it shall appear fit, upon
such notice given
by advertisement or otherwise to the creditors, or any of them, as the
said Court shall
in any case direct, to order the said provisional assignee to make or
join in making
any conveyance or assignment of tiny such interest as to the said Court
may appZar
just and reasonable, without observing the provisions of this Ordinance
as to the sale
of real property by the provisional or other assignees of the estates of
insolvent debtors.

30. And be it enacted and ordained, that every prisoner whose estate
shall, by
an order to be made under this Ordinance, be vested in the provisional
assignee of the
said Court (whether upon his own petition or on the petition of any such
creditor as
aforesaid), shall within the space of fourteen days nest after such order
shall have been
made, or next after notice in writing of such order having been made
shall have been
given to him, in case such order shall not have been made on his own
petition, or within
such further time as the said Court shall think reasonable, deliver into
the said Court
a schedule, containing a full and fair description of such prisoner, as
to his name or
names, trade or trades, profession or professions, together with the last
usual place of
abode of such prisoner, and the place or places where be has resided
during the time
when his debts were contracted: and also a full and true description of
all debts due
or growing due from such prisoner at the time of making such order, and
of all and
every person and persons to whom such prisoner shall be indebted, or who
to his
knowledge or belief shall claim to be his creditors, together with the
nature and
amount of such debts and claims respectively, distinguishing such as
shall be
admitted from such as shall be disputed by such prisoner; and also a
full, true,
and perfect account of all the estate and effects of such prisoner, real
and personal
in posession, reversion, remainder, or expectancy; and also of all places
of benefit or
advantage held by such prisoner, whether the emoluments of the same arise
from fixed
salaries or from fees or otherwise; and also of all pensions or
allowances of the said
prisoner, in possession or reversion, or held by any other person or
persons for or on
behalf of the said prisoner, or of and from which the said prisoner
derives or may derive
any manner of benefit or advantage; and also of all rights and powers of
any nature and
kind whatsoever, which such prisoner, or any other person or persons in
trust for such
prisoner, or for his use, benefit, or advantage, in any manner
whatsoever, shall be seized
or possessed of, or interested in, or entitled unto, or which such
prisoner, or any other
person or persons in trust for him, or for his benefit, shall have any
power to dispose
of, charge, or exercise for the benefit or advantage of such prisoner;
together with a
full, true, and perfect account of all the debts at the time of making
such order due or
growing due to such prisoner, or to any person or persons in trust for
him, or for his

After order
made, the pri-
soner to deliver
1n a schedule of
debts, proper-
ty, &e.
ORDINANCE No. 3 of 1846.

Insolvent Debtor's:

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 prisoner
schedule to be can set forth the same; and the said schedule shall also
contain a balance sheet of ao

nd papers. toolm

and of the receipts and expenditures of such prisoner, 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 prisoner and his or her family, and the working tools and implements
of such
prisoner, not exceeding in the whole the value of twenty pounds, which
may be egcep-
tec? by such prisoner from the operation of this Ordinance, together with
the values of
such excepted articles respectively ; and the said schedule shall be
subscribed by
such prisoner, and shall forthwith be filed in the said Court, together
with all
books, papers, deeds, and writings in any way relating to such prisoner's
estate or
effects in his or her possession, or under his or her custody or control.

Court to appoint
time and place
for prisoner to
be brought up.

Nonce to be
gluon to oredit`
era, and adver.
deed.

3See Ordinance

,a. 6 of 1848.1

At the time of
hearing, the
schedule to be
examined.

Creditors may
prisoner's

rge.

31. And be it further enacted and ordained, that the said Court shall
forthwith,
after such schedule shall have been filed as aforesaid in the said Court
by any such
prisoner, appoint a time and place for such prisoner to be brought up
before the Court,
to be dealt with according to the provisions of this Ordinance; and the
time so appointed
shall in no ease be more than four calendar months after the date of such
appointment.

32. And be it enacted and ordained, that the said Court shall cause
notice of the
making every such vesting order as aforesaid, and the filing of every
such schedule,
and of the time and place so as aforesaid appointed for such prisoner to
be brought up;
to be given, by such means as the said Court shall direct, to the
creditor or creditors at
whose suit any such prisoner shall be detained in custody, or the
attorney or agent of
such creditor or creditors, and to the other creditors named in the
schedule of such
prisoner, and resident within the Colony, and whose debts shall amount to
the sum of
five pounds, and to be inserted in the Colonial newspapers hereinbefore
mentioned.

33. And be it enacted and ordained, that upon such prisoner being brought
up as
aforesaid, the said Court shall examine into the schedule of every such
prisoner so
brought before the said Court upon the oath of such prisoner, and of such
parties and
other witnesses as the said Court shall think fit to examine thereupon;
and in case
such notice as the said Court shall direct shall have been given by any
creditor of his
intention to oppose such prisoner's discharge, it shall be lawful, both
for the said creditor
and any other of the creditors of such prisoner, and notwithstanding such
creditor,
or creditors may have petitioned for and obtained such vesting order as
aforesaid,.to
oppose such prisoner's discharge, and for that purpose to put such
questions to such
prisoner, and examine such witnesses, as the said ,Court stall think fit,
touching the
matters contained in such schedule, and touching such other matters as
the said Court
shall be of opinion that it may be fit and proper to inquire into, in
order to the due
execution of this Ordinance, but no creditor shall examine or oppose the
discharge of
such prisoner until he shall make oath or affidavit of his debt, or
otherwise give satin.
ORDINANCE No. 3 of 1546.

Insolvent Debtors.

factory proof of his right to oppose such prisoner's disehazge, if
required so t0 do by
such prisoner; and that in case the said Court shall entertain any doubt
touching any
matter alleged against such prisoner at such hearing, to prevent his -or
her discharge,
or otherwise touching the schedule or the examination of such prisoner,
or itthall
appear that amendment is necessary to be made of such schedule, or in
case such
prisoner shall refuse to be sworn, or shall not answer upon oath to the
satisfaction of
the said Court, it shall be lawful for the said Court to adjourn the
hearing and exami-
nation of such prisoner, and of witnesses thereupon, to some future
sitting of the said
Court; and in every such case such prisoner shall upon such adjournment
remain in
custody, and shall and may be again brought up, and such hearing and
exarnination'be
further proceeded in, as often as to the said Court shall seem fit:
Provided always, that
when any such hearing shall be adjourned by the said Court generally, to
some future
period, the said Court shall and may, upon the application of such
prisoner, to be made
within such time as the said Court shall direct, order the said prisoner
to be brought
up for hearing accordingly, and such notice thereof shall be given, and
to such parties,
as the said Court shall direct.

$4. Provided always, and be it further enacted and ordained, that where
any
prisoner shall be so brought before the said Court for the relief of
insolvent debtors, it
shall be lawful for the said Court to receive the affidavits of any
creditor or creditors ox
other person or persons in opposition to the discharge of such prisoner
under this
Ordinance, and also, if such Court shall think fit, to permit
interrogatories to be filed
for the examination or cross-examination of any person making or joining
in such
affidavits, and to adjourn the hearing and examination of such prisoner
until such
interrogatories shall be fully answered to the satisfaction of the said
Court.

$5. Provided always, and it is hereby enacted and ordained, that at such
hearing
or adjourned hearing, it shall be lawful for the said Court, if it shall
appear fit, upon
application made by some creditor or creditors,.and supported by oath or
affidavit, to
order that it shall be referred to au officer of the said Court or to an
examiner to be
;appointed as aforesaid to investigate the accounts of such prisoner and
to examine
Mto the truth of his schedule, and to t
and that the
said Court may at any such hearing proceed on the other matters in
opposition to the
discharge of such prisoner, or may, if it shall appear just and
reasonable so to do,
fcizthw:ith adjourn the bearing thereof until such officer or examiner
shall have made
hi':i report; and that upon 'such reference being made as aforesaid, it
shall be lawful for
sitc`h o&er or examiner to order the attendance of such prisoner as often
as such
uffi'der or examiner shall think fit, and the prisoner mentioned in such
order shad be
abeodingly harried before suoh officer or examiner, for which such order
shall be a
siifnciW t warrant: and the keepet of the prison, or his deputy, so
carrying any prisoner
~befai''e such afficei or -'examiner, shall receive for the same tie sum
of ten shillings, and
13b mote; to be paid by -£he peion or peraans at whose requisition the
said refeienue
fhati have i~een had;; and sueli °ofl'iceiixter shall and
may, under such reference;
ad-4riiigt$e'oa't3is,'and e`xazriitse all witnesses and parties upon
their oaths touching 6,11

Hearing may be
adJonrned.

Affidavits may
be received in
o~oeition to
ponor's dis-
charge in cem
rein cases.

Schedule and
prisoner's ac-
counts may be
referred to an
officer of the
Court, or
an examiner,
who may order
prisoner to
attend.

Officer and exa-
miner may ad
minieter oatlux.:
ORDINANCE, No. 3 or 1846.

Insolvent Debtors.

Court may order matters relating thereto: Provided that in all cases where
such reference shall have
ference to bees been made as aforesaid it shall be lawful for the said
Court, if such cause shall appear,
patd out of in-
eolvent'seatate. to order all the fees and expenses of such reference,
laid by any creditor or creditors,
to be repaid to him, her, or them out of the first money received by the
provisional
or other assignee or assignees of such prisoner from or by his estate or
effects.

36. And be it enacted and ordained, that after such examination of any
such
prisoner as hereinbefore directed, it shall be lawful, at such hearing or
adjourned
hearing as aforesaid, fur the said Court, upon such prisoner's swearing
to the truth of
his schedule, and executing such warrant of attorney as is hereinafter
directed, to
adjudge that such prisoner shall be discharged from custody, and entitled
to the benefit
of this Ordinance at such time as the said Court shall direct, in
pursuance of the
provisions hereinafter contained in that. behalf, as to the several debts
and sums of
money duo or claimed to be due at the time of making such vesting order
as aforesaid
from such prisoner to the several persons named in his schedule as
creditors, or claiming
to be credil,ors for the same respectively, or for which such persons
shall have given
credit to such prisoner before the time of making such vesting order as
aforesaid, and'
which were not then payable, and as to the claims of all other persons,
not known to
such prisoner at the time of such adjudication, who may be indorsees or
holders of
any negotiable security set forth in such schedule so sworn to as
aforesaid.

Court, &e., may
adjudge a pri-
soner to be dis-
charged from
custody, and
entitled to the
benefit of this
Ordinance.

Court may ad.
judge dlsoharg,
&c., to bn fort
with, or not
later than six
months tom
the filing of the
petition.

$7, And be it enacted and ordained, that in all cases where no cause shall
appear to the contrary, it shall be lawful for the said Court, according
as shall seem
fit, to adjudge that such prisoner shall be so discharged, and so
entitled as aforesaid,
forthwith, or as soon as such prisoner shall have been in custody at the
suit of one or
more of the persona as to whose debts and claims such discharge is so
adjudicated, for
such period or periods, not exceeding six months in the whole, as the
said Court shall
direct, to be computed from the making of such vesting order as aforesaid.

In certain cease 38. And be it enacted and ordained, that in case it shall
appear to the said Court
discharge, dcc.,
to be at any that such prisoner has fraudulently, with intent to conceal
the state of his affairs, or, to
period not later
than three years defeat the objects of this Ordinance, destroyed or
otherwise wilfully prevented ox
from petitioning.
purposely withheld the production of any books,, papers, or writings
relating to such
of his affairs as are subject to investigation under this Ordinance, or
kept or caused to
be kept false books, or made false entries in, or withheld entries from,
or wilfully
altered or falsified, any such books, papers, or writings, ox that such
prisoner has
fraudulently, with intent of diminishing the sum to be divided among his
creditors, or of
giving an undue preference to any of the said creditors, discharged or
concealed any,
debt due to or from the said prisoner, or made away with, charged,
mortgaged, or
concealed any part of his property of what kind soever, either before or
after the
commencement of his or her imprisonment, then it shall be lawful for the
said Court
to adjudge that such prisoner shall be so discharged and so entitled as
aforesaid, so
soon as he shall have been in custody at the suit of some one or more of
the persona.
ps to whose debts and claims such discharge is so adjudicated, for such
period or periods
ORDINA,NCE No. 3 of 1846.

Insolvent Debtors.

not exceeding three years in the whole, as the said Court shall direct,
to be computed
as aforesaid.

39. And be it enacted and ordained, that in case it shall appear to the
said Court
that such prisoner shall have contracted any of his or her debts
fraudulently, or by
means of a breach of trust, or by means of false pretences, or without
having had any
reasonable or probable expectation at the time when contracted of paying
the same, or
shall have fraudulently, or by means of false pretences, obtained the
forbearance of any
of his debts by any of his creditors, or shall have put any of his
creditors to any
unnecessary expense by any vexatious or frivolous defence or delay to any
suit for
recovering any debt or sum of money due from such prisoner, or shall be
indebted for
damages recovered in any action for criminal conversation with the wife
or for seducing
the daughter or servant of the plaintiff in such action, or for breach of
promise of
marriage made to the plaintiff in such action or for damages recovered in
any action for
a malicious prosecution, or for a libel, or for slander, or in any other
action for a
malicious injury done to the plaintiff therein, or in any action of tort
or trespass to the
person or property of the plaintiff therein, where it shall appear to the
satisfaction of
the said Court that the injury complained of was malicious, then it shall
be lawful for
such Court to adjudge that such prisoner shall be so discharged, and so
entitled as
aforesaid, forthwith, except as to such debt or debts, sum or sums of
money, or damages
as above mentioned; and as to such debt or debts, sum or sums of money,
or damages,
to adjudge that such prisoner shall be so discharged and so entitled as
aforesaid, so soon
as he shall have been in custody, at the suit of the person or persons
who shall be
creditor or creditors for the same respectively, for a period or periods
not exceeding
two years in the whole, as the said Court shall direct, to be computed as
aforesaid.

40. And be it enacted and ordained, that the discharge of any prisoner so
ad-
judicated as aforesaid shall and may extend to all process issuing from
any Court for
any contempt of any Court, ecclesiastical or civil, for non-payment of
money or of
costs or expenses in any Court, ecclesiastical or civil; and that in such
case the said
discharge shall be deemed to extend also to all costs which such prisoner
would be
liable to pay in consequence or by reason of such contempt, or on purging
the same;
and that every discharge so adjudicated as aforesaid, as to any debt or
damages of any
creditor of such prisoner, shall be deemed to extend also to all costs
incurred by such
creditor before the filing of such prisoner's schedule, in any action or
suit brought by
such creditor against such prisoner for the recovery of the same; and
that all persons
as to whose demands for any such costs, money, or expenses as aforesaid
any such
person shall be so adjudged to be discharged shall be deemed and taken to
be creditors
of such prisoner in respect thereof, and entitled to the benefit. of all
the provisions
made for creditors by this Ordinance, subject nevertheless to such
ascertaining of the
amount of the said demands as may be had by taxation or otherwise. and to
such
examination thereof as is herein provided in respect of all claims to a
dividend of such
jusolveut's estate and effects:

In other cases
the discharge,
&c~, to be at
any period not
htterthan two
years from
petitioning.

Discharge may
extend to pro-
cess forcontempt
in non-payment
of money.

And to costs
incurred by cre-
ditor, but subject
to taxation.
Discharge may
extend to sums
payable by way
of annuity, &e.

Court may order
aoat4,in certain
cases, to be paid

poelng are-
out of In-
soivent's estate.

Where opposition
frivolous and
vexatious, coats
maybe aw9rded
to prisoner.

OIRDINANCE No. VoF 1846.

Lnsolvent Debtors.

¢1, And be it enacted-and ordained, that the discharge of any such
prisoner so
adjudicated as aforesaid shall and may extend to any sum and sums of
money v'hi(fh
shall be payable, by way of annuity or otherwise, at any future time or
times, by virtue
of any bond, covenant, or other securities of'any, nature whatsoever, and
that every
person or persons who would be a creditor or creditors of such prisoner
for such sum or
sums of money if the same were presently due, shall be admissible as a
creditor orw ot8=
ditors of such prisoner for the value of such sum or sums of money so
payable as
aforesaid, which value the said Court shall, upon application at any time
made in 'that
behalf, ascertain, regard being had to the original.price given for such
sum or sums of
money, deducting therefrom such diminution in the value thereof as shall
have `been
caused by the lapse of time since the grant thereof to the time of making
such vesting
order as aforesaid ; and such creditor or creditors shall be entitled in
respect of sufh
value to the benefit of all the provisions made for creditors by this
'Ordinance, without
prejudice nevertheless to the respective securities of such creditor or
creditors, except-
ing as respects such prisoner's discharge under this Ordinance.

42. And be it enacted and ordained, that whenever any creditor or
creditors op.
posing any such prisoner's discharge shall prove to the satisfaction of
the said Court
that such prisorer has done or committed any set for which, upon such
adjudication
as aforesaid, he may be liable to remain in such custody as aforesaid for
a period not
exceeding three years, to be computed as aforesaid, the said Court shall
adjudge, the
taxed costs of such opposition to be paid to each opposing creditor or
creditors out of
the estate and effects of sash prisoner, by his or her assignee or
assignees, before any
dividend made thereof; and in all other cases of opposition to a
prisoner's discharge being
substantiated or effectual, it shall be lawful for the said Court to
adjudge in like man.
ner, if it shall seem fit; and that in case it shall appear to the said
Court that the
opposition of any creditor to any'such prisoner's discharge was frivolous
and vexatious,
it shall be lawful for the said Court to award such costs to such
prisoner as shall appear
to be just and reasonable, to be paid by the creditor or creditors making
such opposi-
tion, which shall be paid accordingly.

Court to make 43. And be it enacted and ordained, that where, upon any
prisoner being brought t
order, pursuant ~a ai
up before the said Court, and such adjudication shall have been made as
aforesaid ibj!
and Issue war-
rant to. the said Court, order shall be made accordingly by the said
Court, in pursuance of-such
adjudication, and the said Court shall also issue a warrant or warrants
to the .gaolsr
accordingly, ordering the discharge of such prisoner from custody as to
the detainera
under which he or she shall then be confined, or which shall be lodged
against 'him °or
her before he or she shall be out of custody, the same being for debts in
respect of
which such adjudication shall have been made ; and that every such order
of adju&~
tion shall take effect as from the day on which the adjudication shall
have been made
in that behalf; and that every such adjudication and certificate thereof
and order thex

upon, may be made without specifying therein any such debt or debts, or
sum or vutn

Speciflcation of
debts, $cc., not
necessary in
order of adju-

dication. of money, or claims as aforesaid, or naming therein any arch
creditor or cxPdittimxas

aforesaid, excepting so far as shall be necessary in any case in order to
disti4aga-wh
ORDINANCE \o. 8 of 1846.

Insolvent Debtors.

between the creditors as to whom any such prisoner inay be adjudged to be
so discliarged
and entitled as aforesaid forthwith, and the creditors as to whom he may
be adjudged to
be so discharged and entitled 4 some future period; Provided
nevertheless, that in
all cases the detainer or detainers with respect to which any such
prisoner shall have
been adjudged to be discharged out of custody, he being then in custody
thereupon,
shall be specified in the warrant of the said Court to be delivered to
the gaoler in that
behalf.

x

44. And be it enacted and ordained, that where it shall appear to the
said Court
at any such bearing as aforesaid of any such prisoner, that certain
matters, or
things ought to be performed by or on behalf of such prisoner before be
is intended to
be actually discharged from custody, but that nevertheless it is
expedient not to adjourn
the bearing of the case absolutely to sonic future occasion, without the
opportunity
of such discharge being sooner had by doing such things as aforesaid, it
shall be lawful
for the said Court to pronounce adjudication without their issuing the
order and
warrant pursuant thereto; and that such adjudication maybe directed to be
conditional
on the performance of such matters and things as aforesaid; and that on
the non-
performance thereof the hearing of such case shall stand adjourned,
according to the
direction made in that behalf.

45. Provided always, and be it enacted and ordained, that in all cases
where it
shall have been adjudged that any such prisoner shall be so discharged
and so entitled
as aforesaid at some future period, such prisoner shall be subject and
liable to be de.
tained in prison, and to be arrested and charged in custody at the suit
of any one or
more of his or her creditors with respect to whom it shall have been so
adjudged, at
any time before such period shall leave arrived, in the same manner as he
would have
been subject and liable thereto if this Ordinance bad not passed:
Provided neverthe.
less, that when such period shall have arrived, such prisoner shall be
entitled to the
benefit and protection of this Ordinance, notwithstanding that he may
have been out of
actual custody during all or any part of the time subsequent to such
adjudication, by
reason of such prisoner not having been arrested or detained during such
time or any
part thereof.

46. And be it enacted and ordained, that in all cases where such prisoner
shall,
upon such adjudication as aforesaid, be liable to further imprisonment at
the suit of
his creditor or creditors, or any or either of them, it sball be lawful
at any time for the
said Court, on the application of such prisoner, to order the creditor or
creditors at
whose suit he shall be so imprisoned to pay to such prisoner such sum or
sums of
money, not exceeding the rate of four shillings by the week in the whole,
at such times
and in such manner, and in such proportions, as the said Court shall
direct, and that on
failure of payment thereof, as directed by the said Court, the said Court
shall order
such prisoner to be forthwith discharged from custody'at the suit of the
creditor or
creditors so failing to pay the same.

Adjudication
may be condi.
tional in certain
cases.

Where adjudi.
cation is a dis.
charge at a
future period,
the prisoner may
be detained or
arrested, &c.,
till that period
arrives.

Court may order
detaining cre-
ditor to pay
prisoner a sum
not exceeding
four shillings a
week.
Before s$jadi-
eatiqA, prisoner
shun eaecnte
warrant of at-
torney to COfl-
fose judgment
for amount of
debts in sche-
dule.

Court may per-
mit execution to
be taken out
thereupon, when
insolvent is of
ability to pay,
or is dead, leav
Ing assets.

ORDINANCE No. 3 0F 1846.

Insolvent Debtors.

47. And be it enacted and ordained, that before any such adjudication
shall be
made with respect to any such prisoner, the said Court shall require such
prisoner to
execute a warrant of attorney to authorize the enterirng up of a judgment
against Such
prisoner in the Court, in the name of the assignee or assignees of such
prisoner, or of such
provisional assignee, if DO other assignee shall have been appointedand
shall have accepted
such office, for the amount of the debts stated in the schedule of such
prisoner so sworn
to as aforesaid to be due or claimed to be due from such prisoner, or so
much thereof as
shall appear at the time of executing such warrant of attorney to be due
and unsatisfied;,
and any such warrant of attorney is hereby declared not to be within the
meaning of
the said Act passed by the Imperial Parliament in the third year of the
reign of His -
late Majesty King George the Fourth, nor shall it be necessary that the
same should be
executed in the presence of an attorney for such prisoner, according to
''the provision
hereinbefore in that behalf contained; and the order of the said Court
for entering up
such judgment shall be a sufficient authority to the proper officer for
entering up the
same, and such judgment shall have the force of a recognizance; and if at
any time it
shall appear to the satisfaction of the said Court that such prisoner is
.of ability to pay
such debts or any part thereof, or that he is dead, leaving assets for
that purpose, the
said Court may permit execution to be taken out upon such judgment, for
such sum of
money as, under all the circumstances of the case, the said Court shall
order, such sum
to be distributed rateably amongst the creditors of such prisoners
according to the
mode hereinbefore directed in the case of a dividend made after
adjudication; and such
further proceedings shall and may be had upon such judgment as may seem
fit to the
discretion of the said Court from time to time until the whole of the
debts due to the
several persons against whom such discharge shall have been obtained
shall be fully
paid and satisfied, together with such costs as the said Court shall
think fit to award;

No rsiraJxiaa and no scire facicrs shall be necessary to revive such
judgment on account of any lapse
necessary. ~
of time, but execution shall at all times issue thereon by virtue of the
order of the

said Court; Provided always, that in case any such application against
any such prisoner
shall appear to the said Court to be ill-founded and vexatious, it shall
be lawful for
the said Court, not only to refuse to make any order on such application,
but also to
dismiss the same, with such costs against the party or parties making the
same as to
the said Court shall appear reasonable, and the said costs shall be paid
accordingly.

If application is
Ill-founded and
vexatious, Court
may dismiss the
same, with coats.

Where Insolvent 48. And be it enacted and ordained, that in case any such
person shall, after he
sh after Me-
hagebec'ome has become entitled to the benefit of this Ordinance by any
such adjudication as
untitled to pro-
party which aforesaid, become entitled to or possessed of, in leis own
right, any property, whether,
cannot be taken
in execution, the same be in Hongkong or elsewhere, which by law cannot be
taken into, execution
the assignee

may apply to
Court forroliee under the said judgment so to be entered up in the names
of such assignee or assignees
as aforesaid, and such prisoner shall lave refused to convey, or assign,
or transfer each,
property, or so much thereof as may be sufficient to satisfy the said
judgment, tleizf
and in such case, it shall be lawful for the assignee or assignees of
such prisoner to
apply by petition in a summary way, setting forth the facts of the case
to the saiy
Court, and to pray that the said prisoner may be taken and committed to
custody not.,
ORDINANCE No. 8 of 1846.

Insolvent Debtors.

withstanding any such adjudication and discharge as aforesaid; and
thereupon, if upon
examination by the said Court, and hearing as well the said assignee or
assignees as the
said prisoner, in case he shall appealt, or the said assignee or
assignees only, in case such
prisoner, due notice having been given to him, shall not appear, it shall
appear to the
said Court that the contents of such petition are true, then and in such
case the said
Court shall so declare and adjuflge, and shall thereupon order the said
prisoner to be
apprehended, and committed to custody within the walls of any prison
which the said
Court shall direct, and not within any rules or liberties thereof, until
he shall convey,
assign, and transfer such property, or so much thereof as the said Court
shall direct,
towards the satisfaction of the said judgment, to such assignee or
assignees, for the
general benefit of the creditors of such prisoner.

49. And be it enacted and ordained, that in case any person or persons,
body
politic or corporate, shall, after any such insolvent shall have become
entitled to the
benefit of this Ordinance by any such adjudication as aforesaid, become
or be possessed
of, or have under his or their power or control, any legacy, or money due
or growing
due, bills of exchange, promissory notes, bank notes, securities for
money, goods and
chattels, or any other property whatsoever belonging to such insolvent,
or held in trust
for him, or for his use and benefit, or to which such insolvent shall be
in any way
entitled, or in case any such person or persons, body politic or
corporate, shall be at
such period in any manner indebted to such insolvent, it shall be lawful
for the said
Court, upon the application of any assignee or creditor of such
insolvent, to cause
notice to be given to such person or persons, body politic or corporate,
directing him
or them to hold and retain the said property till the said Court shall
make further
order concerning the same; and thereupon it shall be lawful for the said
Court further
to order such person or persons, body politic or corporate, to deliver
over such property,
and to pay such debts as aforesaid, or any part thereof, to the
provisional or other
assignee or assignees of the estate and effects of such insolvent, for
the general benefit
of the creditors of such insolvent, entitled to claim under such judgment
entered up by
order of the said Court, as aforesaid; and such delivery and payment
shall be made
accordingly, in obedience to such order; and such person and persons,
body politic and
corporate, shall by such payment and delivery, so xnade in pursuance of
such order of
the said Court, be discharged in respect of such property, and debts
against all persons
whatsoever to all intents and purposes.

50. And be it enacted and ordained, that no person who shall have become
en.
titled, to the benefit of this Ordinance by any such adjudication as
aforesaid shall at
any time thereafter be imprisoned by reason of the judgment so as
aforesaid entered
up against him or her, according to this Ordinance, or for or by reason
of any debt or
sum of money, or costs, with respect to which such person shall have
become so entitled,
or for or by reason of any judgment, decree, or order for payment of the
same; but
that upon every arrest or detainer in prison upon any such judgment so
entered up as
aforesaid, or for or by reason of any such debt or sum of money or costs,
or judgment,.

court may order
prisoner to be
remanded to
custody until lie
transfer such
property-

Manner of pro.
ceeding where
after the dis-
charge of a pri-
soner, any per-
son shall become
possessed of
property belong-
ing to him. .

Persons
dischargedunder
this Ordinance
not liable to
imprisonment for
debts, &c., to
which adjudica-
tion extends.
ORDINANCE No. 3 0F 1846.

Insolvent Debtors.

If arrested, to be
released by
Judge of the
Court from
which process
issues;

decree, or order for payment of the same, it shall be lawful for any
Judge of the Court
from which any process shall have issued in respect thereof, and such
Judge is hereby
required, upon proof made to his satisfaction that tie cause of such
arrest or detainee
is such as hereinbefore mentioned, to release such prisoner from custody,
unless it shall
appear to such Judge, upon inquiry, that such adjudication as aforesaid
was made
without due notice, where notice is by this Ordinance required, being
given to or

acknowledged by the plaintiff on such process, or being by him dispensed
with by: the
acceptance of a dividend under this Ordinance, or otherwise; and at the
same time; if
who may erase such Judge shall in his discretion think fit, it shall be
lawful for him to order such
so him.
costs to be pain plaintiff, or any person or persons suing out such
process, to pay ouch prisoner the
costs which he shall have incurred on such occasion, or so much thereof
as to such
Judge shall seem just and reasonable, such prisoner causing a common
appearance to
be entered for him in such action or suit.

After aieehar e,
no execution
issue against
insolvent for
debt~, 8cc.,.to
whtefi udJndiea.
Lion extends.

Discharge under
this Ordinance
may be pleaded
generally.

51. And be it enacted and ordained, that after any person shall have
become en-
titled to the benefit of this Ordinance by any such adjudication as
aforesaid, no writ
of fteri facial or elegit shall issue on any judgment obtained against
such prisoner, for
any debt or sum of money with respect, to which such person shall have so
become
entitled, nor in any action upon any new contract or security for payment
thereof,
except upon the judgment entered up against such prisoner according to
this Ordinance;
and that if any suit or action shall be brought or any scire faciae be
issued against any
such person, his heirs, executors, or adminintrators, for any such debt
or sum of money,,
or upon any new contract or security for payment thereof, or upon any
judgment ob-
tained against, or any statute or recognizance acknowledged by such
person for the same,
except as aforesaid, it shall be lawful for such person, his heirs,
executors, or adminis-
trators, to plead generally that such person was duly discharged
according to this
Ordinance by the order of adjudication made in that behalf, and that such
order remains
in force, without pleading any other matter specially; whereto the
plaintiff or plaintiffs
shall or may reply generally, and deny the matters pleaded as aforesaid,
or reply any
other matter or thing which may chew the defendant or defendants not to
be entitled
to the benefit of this Ordinance, or that such person was not duly
discharged according
to the provisions thereof, in the same manner as the plaintiff or
plaintiffs might have
replied in case the defendant or defendants had pleaded this Ordinance,
and a discharge
by virtue thereof, specially.

When debts are 52. Provided always, and be it enacted and ordained, that
if at any time after
satisfied, the '
Court mayarder any such adjudication as aforesaid shall have bean made
with respect to any such
warrant of
attorney and prisoner in pursuance of this Ordinance, it shall appear to
the satisfaction of theaaid:
satisfaction to be
entered on the Court that all the debts in roePeet of which such
adjudication was made have been-. ,
.
Jnagment. discharged and satisfied, it shall be lawful for such Court,
upon application duly made;:
to direct the warrant of attorney executed by such prisoner under this
Ordinance t~;
be cancelled, or if judgment shall have been entered up thereon, to order
satis£an'tiou°, .
to be entered on such judgment, and the order of the said Court for
entering up Stich,

oatiaf&etion shall be a sufficient authority to the proper officer for
entering up tho
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

same; and that if in any case it shall appear to the satisfaction of the
said Court that
after the debts of any such prisoner shall have been so discharged and
satisfied as
aforesaid, there shall remain in tine possession, or subject to the
control of his or her
assignee or assignees, any property. of any kind or description
whatsoever which has
come to such assignee or assignees, or to which he or they may claim
title, by virtue
of the order made in that behalf, or otherwise by virtue of his or their
office of
assignee or assignees, it shall be lawful for the said Court, on
application duly made,
to order that all such property so remaining as aforesaid shall be vested
in the person
whose debts shall have been so satisfied and discharged, or his heirs,
executors,
administrators, or assigns; and such order shall have the effect of
vesting the saTne
accordingly; and that any deed of release to be recorded in the said
Court, by which
any such debt or debts shall be released or discharged, shall not be
liable to any
stamp duty.

63. And whereas it may sometimes happen that a debt of, or claim upon, or
balance due from such prisoner as aforesaid, may be specified in his
schedule so sworn
to as aforesaid at an amount which is not exactly the actual amount
thereof, without
any culpable negligence or fraud, or evil intention on the part of such
prisoner;
Be it enacted and ordained, that in such case the said prisoner shall be
entitled to all
and every benefit and protection of this Ordinance; and the creditor in
that behalf shall
be entitled to the benefit of all the provisions made for creditors by
this Act,* in respect
of the actual amount of such debt, claim, or balance, and neither more
nor less than,
the same, to all intents and purposes, such error in the said schedule
notwithstanding.

54, And be it further enacted and ordained, that every such adjudication'
as
aforesaid by the said Court as aforesaid, with respect to any prisoner,
and the order
thereupon, so made as aforesaid, shall be final and conclusive, and shall
not be received
by the said Court unless the said Court shall thereafter see good and
sufficient cause to
believe that such adjudication has been made on false evidence, or
otherwise improperly
made or fraudulently obtained; in which case it shall be lawful for the
said Court,
upon the application of such prisoner, or of any creditor of such
prisoner, to order such
prisoner, upon due notice to be given to such persons, and in such manner
as the said
Court shall direct, to attend, or to be brought up, and the said matter
to be re-heard
before the said Court, as the case may require, who shall. thereupon
re-hear the same,
and shall and may, if just cause shall appear, annul the original
adjudication and
order thereupon made in such case, and shall have the same powers and
authorities
upon such re-hearing as upon any original hearing in pursuance of this
Ordinance,
and.may adjudicate in such matter accordingly; and thereupon, in case the
former
adjudication in the said matter shall not be confirmed, such, order,
certificate, and
warrant shall be made as required by this Ordinance to be made upon such
original
adjudication; and the said Court shall and may, if necessary, remand the
said prisoner
to the same custody in which he was at the time of the former hearing of
the matters
of .his petition, there to be subject to imprisonment as if the former
adjudication
therein had not been made; and thereupon all detainers which where in
force against

And a re-asaign-
ment to be
executed.

where error to
schedule without
hand, this
Ordinance to
operate upon the
actual amount of
debt;

[a Ordinance.]

Adindication and
order to be final.
unless obtained
on false
evidence, &c.,
in which case
Court may order
a re.heartng.
Insolvent
refusing to
appear maybe
apprehended, dcc.

In adjudication
of discharge on
re-hearing, the
tlmeaince former
hearing rent to be
calculated.

Where an order
of discharge teas
been Issued by
mistake, the
Court may
revoke and
amend the same.

Prisoner may,
after discharge,
be examined as
to estate and
e8ecte, on appli.
cation of
assignee.

Prisoner refusing
to appear, or to
answer
questions, may
be committed.

ORDINANCE No. 3 of 1846.

Insolvent Debtors.

such prisoner at the time of his former discharge from custody shall be
deemed to be
still in force against him as if such former adjudication lied not been
made; and the
gaoler or keeper of the prison to which such prisoneR shall be so
remanded shall and is
hereby required to receive such prisoner into his custody in pursuance of
such remand;
for doing which the order of remand in such case shall be his sufficient
warrant; and
where in any case such prisoner shall refuse or neglect to appear before
the said Court
according to such order for re-hearing as aforesaid, a copy whereof shall
have been duly
served on such prisoner, it shall be lawful for the said Court to order
such prisoner to be
apprehended, and committed to custody in such prison as the said Court
shall direct,
and, to issue its warrant accordingly, and to cause such prisoner to be
brought up for
examination as often as to the said Court shall seem fit: Provided
always, that where
upon such re-hearing it shall appear to the said Court that such prisoner
is not entitled
to the benefit of this Ordinance until soiree future period, according to
the provisions
hereinbefore contained, the said Court shall and may, if it shall appear
reasonable,
adjudge the discharge of such prisoner at such future period to be
calculated without
including the time during which such prisoner shall have been out of
custody since the
time appointed for his discharge by such former adjudication as aforesaid.

55. Provided always, and be it further enacted and ordained, that if in
any case
an order or warrant for the discharge of any such prisoner shall have
issued erroneously;
and which is not pursuant to the adjudication made in that behalf, it
shall. be lawful
for the said Court, on such error being shewn to the said Court, to
revoke such order
and warrant, and to annul, suspend, or amend the game, according to such
adjudication;
and if necessary to re-commit such prisoner to his former custody, when
by such order
or warrant he shall have been discharged therefrom; and the gaoler or
keeper of the
prison to whose custody such prisoner shall be so re-committed is hereby
required to
receive such prisoner into his custody according to such re-commitment;
and all
d0tainera which were in force against such prisoner at the time of such
discharge as
aforesaid shall be deemed to be still in force against him, as if such
erroneous order or
warrant had not issued.

58. And whereas the estate, both real and personal, of any person whose
discharge has been adjudicated under this Ordinance may not be
sufficiently described
or discovered in his schedule so sworn to as aforesaid, or the assistance
of such person
may be necessary to adjust, make out, recover, or manage his estate or
effects, for the
benefit of his creditors; Be it therefore enacted and ordained, that it
shall be lawful
for the assignee or assignees of the estate and effects of any such
person whose discharge
shall have been adjudicated under this Ordinance, from time to time to
apply to thd
said Court that such person may be further examined as to any matters or
things
relating to his estate and effects, by the said Court; and in case such
person shall
neglect or refuse to appear before such Court at such time and place as
shall be directed
by such order, or appearing, shall refuse to be sworn, or to answer ouch
questions as
shall be put to hint relating to the discovery of his said estate and
effects, then and 'in
any of such cases it shall be lawful for such Court by warrant to commit
such persoix
ORDINANCE No. 3 of 1346.

Insolvent Debtors.

to the common gaol, there to remain without bail or mainprize until such
time as be
shall submit himself to the order of the said Court in that behalf, and
shall answer
upon oath or otherwise, as shall M required, to all such lawful questions
as shall be
put to him in pursuance of the same for the purposes aforesaid.

5'7. And be it enacted and ordained, that in case any prisoner whose
estate shall,
by an order under this Ordinance, have been vested in the said
provisional assignee,
shall, with intent to defraud the creditors or creditor of such prisoner,
wilfully and
fraudulently omit in his schedule, so sworn to as aforesaid, any effects
or property
whatsoever, or retain or except out of such schedule, as wearing apparel,
bedding,
working tools and implements, or other necessaries, property of greater
value tban
twenty pounds, every such person so offending, and any person aiding and
assisting
him to do the same, shall, upon being thereof convicted by due course of
law, be
adjudged guilty of a misdemeanour, and thereupon it shall be lawful for
the Court
before whom such offender shall have been so tried and convicted to
sentence such
offender to be imprisoned and kept to hard labour for any period of time
not exceeding
three years; and that in every indictment or information against any
person for any
offence under this Ordinance, it shall be sufficient to set forth the
substance of the
offence charged on the defendant, without setting forth the petition, or
order vesting
such prisoner's estate in the provisional assignee, appointment of
assignee or assignees,
or balance sheet, order for hearing, adjudication, order of discharge or
remand, or any
warrant, rule, order, or proceeding of or in the said Court, except so
much of the
schedule of such prisoner as may be necessary for the purpose.

58. And be it enacted and ordained, that if any prisoner or other person
taking
an oath under the provisions of this Ordinance shall wilfully forswear
and perjure
himself in any oath to be taken under this Ordinance, and shall be
lawfully convicted
thereof, the person ,so offending shall suffer such punishment as may by
law be
inflicted on persons convicted of wilful and corrupt perjury ; and that
in all cases
wherein by this Ordinance an oath is required, the solemn affirmation of
any person,
being a quaker or other person by law allowed to affirm, shall and may be
accepted
and taken in lieu thereof ; and that every person making such affirmation
who shall
be convicted of wilful false affirmation shall incur and suffer such and
the same
penalties as are inflicted and imposed upon persons convicted of wilful
and corrupt
perjury.

59. And be it enacted and ordained, that if any person who shall at any
time be Mode of proceea
a prisoner in any such prison as aforesaid, upon any such process as
aforesaid, shall pr1a nie a of
unsound mind.
be or become of unsound mind, and therefore incapable of taking the
benefit of this
Ordinance in such manner as he or she might have done if of sound mind,
the gaoler
or keeper of such prison shall forthwith require one or more Justice or
Justices to
attend at the said prison, and inquire into the state of mind of such
prisoner; and
thereupon, and also in case any such Justice or Justices shall receive
information by
other means, that any such prisoner is of unsound mind as aforesaid, such
Justice or
Justices shall go to the said prison, and by his or their own view, and
by examination

Persona wllfally
omitting aRF-
thina in the

schedule, guilty

of a miade.
meanonr,and
liable to three
years' imprison.
meat.

Indictment, need
only set out
substance of
offence charged.

Persons ewearinq
falsely under Me
Ordinance liable
to punishment
inflicted for
Perjury.
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

b.pplination may
be made by
persona on behalf
of such prisoners.

Court may
discharge sack
prisoner.

May appoint

assignees;

on oath of such person or persons as he or they shall think fit to
examine, shall inquire.
into the state of mind of such prisoner; and if it shall appear to such
Justice or
Juatices upon such inquiry that such prisoner is #of unsound mind, and
therefore
incapable of taking the benefit of this Ordinance in such manner as a
person of sound
mind might do, such Justice or Justices shall forthwith make a record of
the fact, and
certify the same to the said Court; and thereupon it shall be lawful for
the said Court;
at the instance of any person or persons on behalf of such prisoner, to
order notice
to be inserted in the two public newspapers aforesaid, that application
will be made to
the said Court for the discharge of such prisoner on a day to be
specified in such order
and, notice, being twenty-one days at least from the dap of publication
of such one of
the said newspapers containing such notice as shall be last published,
which notice,
together with the service of the like notice on the creditor or creditors
at whose suit
such prisoner, shall be detained in custody, or his or their attorney or
attorneys in
such suit, shall be deemed sufficient to authorize the said Court to
proceed to the.
discharge of such prisoner, if otherwise entitled to such discharge,
according to the,
true intent and meaning of this Ordinance; and the said Court shall
proceed accord-
ingly, and shall discharge such prisoner from custody, and do all oilier
acts under
this Ordinance, in ease it shall appear that such prisoner might have
obtained his or,
liar discharge under this Ordinance if he or she had been of sound mind;
and there.
upon all and every estate, right, title, interest in law and equity, real
and personal,
power, benefit, and emolument whatsoever, which, if such prisoner was of
sound mind,
could or ought to be vested in the said provisional assignee, pursuant to
the provisions
of this Ordinance, shall, by force and virtue of the order of the said
Court for the
discharge of such prisoners, be vested in the provisional assignee of
-the said Court, o
in the other assignee or assignees appointed by the said Court, and named
in the said.
order, or in any other order of the said Court in that behalf, as fully
and effectually,
and in the same manner, and with all and every the same consequences and
effects,
both in fact and law, to all intents and purposes whatsoever, as if such
prisoner had
been of sound mind, and such order as aforesaid had been made vesting the
same in
such provisional assignee at the time and in the manner in this Ordinance
provided;

May orderJadg- and that it shall be lawful for the said Court to order
judgment to be entered up
entered np
a . against such prisoner, in the same manner as if he- or she had been of
sound mind,
and had,egecuted a warrant of attorney to authorize the entering up of
such judgment
in the manner hereinbefore directed; and such order shall be sufficient
autiiority~to
the proper officer for entering up the same; and any dividend to be made
by such
assignee or assignees shall be made in such manner, and such proceedings
shall be-
thereupon had; as are hereinbefore provided in the case of a dividend of
the estate slid
effects of any prisoner made before adjudication; and the discharge of
every such'
prisoner of unsound mind, so made as aforesaid, shall extend to all debts
and sums -of -
money to which the same might have extended if such prisoner had been of
sound,-
mind, and had duly filed his schedule, according to the provisions of
this Ordinance:
Provided always, that every such order of discharge, and of the
appointment of ai><
ORDINANCE No. 8 of 1846.

Insolvent Debtors.

assignee or assignees, in such case, shall be entered of record in the
said Court, and
proof thereof shall be received by such copy thereof as is hereinbefore
directed to be
received as proof of conveyances end assignments made in pursuance of
this Ordinance.

80. And be it enacted and ordained, that this Ordinance shall not extend
or be
constructed to extend to discharge any prisoner with respect to any debt
due to Her
Majesty or Her Successors, or to any debt or penalty with which he shall
stand
charged at the suit of the Crown, or of any person for any offence
committed against
any ordinance or ordinances relative to any branch of the public revenue,
or at the
suit of any sheriff or other public officer, upon any bail-bond entered
into for the
appearance of any person prosecuted for any such offence.

81. And be it further enacted and ofilained, that the proper officer of
the said
Court shall, on the reasonable request of any such prisoner as aforesaid,
or of any cre-
ditor or creditors of such prisoner, or his, her, or their attorney,
produce and shew to
such prisoner, creditor or creditors, and his, her, or their attorney, at
such times as the
said Court shall direct, such petition, vesting order, schedule, order of
adjudication,
and all other orders and proceedings made and had in the matter of such
petition, and
all books, papers, and writings filed in such matter, and permit him,
her, or them to
inspect and examine the same, and shall provide for any such prisoner,
creditor or
creditors, or his or their attorney requiring the same, a copy or copies
of any such
petition, vesting qrder, schedule, order of adjudication, or other order
or proceeding,
or of such part thereof as shall be so required, receiving such fee as
the said Court
shall appoint for so providing the same; and that a copy of such
petition, vesting
order, schedule, order of adjudication, and other orders and proceedings
purporting
to be signed by the officer in whose custody the same shall be, or his
deputy, certi-
fying the same to be a true copy of such petition, vesting order,
schedule, order of
adjudication, or other proceeding, and purporting to be sealed with the
seal of the
said Court, shall at all times be admitted as sufficient evidence of the
same, without
any other proof whatever given of the same.

82. And be it enacted and ordained, that the said Court in all cases may
from
time to time, as occasion shall require, appoint as'many fit persona as
shall be
requisite to be examiners for the purposes of this Ordinance; and that
such examiner
shall and may receive for his trouble the sum of one pound, and no more,
for every
meeting held by him in pursuance of this Ordinance, to be paid by the
person or
persona requiring the same.

83. And be it further enacted and ordained, that every sheriff, gaoler,
keeper, or
other officer of any prison, who shall do any thing in obedience to any
order of the
said Court, or of any officer of the said Court, or such examiner as
aforesaid, authorised
by the said Court, by virtue of this Ordinance, shall be, and is and are
indemnified for
whatsoever (hall be done by them respectively in obedience thereto; and
that if any
action of escape, or any suit or action, be brought against any Judge,
Commissioner, -
Justice of the Peace, sh-eriff,~gaoler, keeper of any prison, or any
person, for performing
wbe duty of his office, in pursuance of this Ordinance, such Judge,
.Commissioner,

Discharge not to
extend to Crown
debtors.

OH9cer ofConrtto
produce proceed-
fngs and glue
copies.

A copy qfpgo

,4

prOCeotlIrf q
under seagfo ib
admitted tie
evidence.

Examiners to be
appointed.

Their foes.

sheriff
indemnified for .
obeying ordereof
Court.

if action for,
escape &e.,
brought, the
general issmo
mn be pleaded,
an c~tfiieOcd ~=_
nance given n
evidence,
ORDINANCE No. 3 of 1846.

Insolvent Debtors.

Justice of the Peace, sheriff, gaoler, keeper of prison, and other person
may plead the,
general issue, and give this Ordinance and the special matter in
evidence; and if the
plaintiff be nonsuited, or discontinue his or her actin, or a verdict
shall pass against:
him or her, or judgment shall be had for the defendant upon demurrer, the
defendant
shall have treble costs.

What ahallbe g¢, And be it enacted, that in all rules, orders, warrants,
and other proceedings
ancient to be
set forth in the of the said Court under this Ordinance, it shall be
sufficient to set forth such rule, order;
rules and pro-
~nd~gaofthe or warrant, or in case of a warrant for the apprehension or
detention of any person for
a contempt in disobeying any order or rule of the said Court, or for the
apprehension or
detention of any person for the appearancs;,of such person before the
said Court;
according to this Ordinance, or for the enfafciAg any rule or order of
the said Court,
it shall be sufficient to set forth such rule or order, and the warrant
thereon, and that
the insolvent in any order, rule, warrant, or other proceeding mentioned,
has been duly
discharged, under this Ordinance, if he has been so discharged, or if he
has not been
so discharged, that ho has applied by petition to the said Court for his
or her discharge
from custody, according to the provisions of this Ordinance, without
setting forth in.
any such order, rule, warrant, or other proceeding, the petition, order
vesting the estate
of any such prisoner in the provisional assignee, appointment of assignee
or assignees,
or the schedule, balance shoat, order for hearing, adjudication, order
for discharge, or
any other rule, order or proceeding of or in the said Court, or any part
thereof except

as aforesaid.

Baftewhom 65. And be it enacted and ordained, that all affidavits to be'
used before the said
affidavits are to
be sworn. Court, or any officer of the said, Court, or any examiner
appointed as aforesaid under
this Ordinance, shall and may be sworn before the said Court, or any
commissioner
appointed by the said Court for the purpose of taking affidavits, or
before a Magistrate'
of the said Colony.
What ahanbe gg, And be it enacted and ordained, that the sum of three
shillings and no morel
paid for inner-
tlonofaarerWae.
manta. shall be paid to any printer or proprietor of any newspaper for the
insertion of any
advertisement by this Ordinance directed to be inserted in any newspaper;
and all
printers and proprietors of newspapers are hereby required to insert the
same, on
payment of the said sum of three shillings for th# insertion thereof, in
such form -`as
the said Court shall from time to time direct.
Power to court, 67. And be it further enacted and ordained, that the Chief
Justice of the said,
with the advice
oftheLeglalative Court may from time to time, with the advice and approval
of the Legislative Council-
Council, to make
rnl8anndordera of the said Island, make all such rules and orders as may
be necessary for carrying,
and settle scale of fees. this Ordinance into operation and effect within
the said Colony, as also from time to
time, with such advice and approval, to settle such scale or scales of
fees and chargesv
as may seem expedient with relation to the said Ordinance, and all things
and acts to_
be done thereunder.
Construction of g$, And be it further enacted and ordained, that whenever
this Ordinance hath,
Ordinance.
need words importing the singular . number or the masculine gender it
shall bo
ORDINANCE No. 3 of 1846

Insolvent Debtors.

understood to include several matters as well as one matter, and several
persons as well
as one person, and females as well as males, and bodies corporate as well
as individuals,
unless it be otherwise specially provided, or there be something in the
subject or
context repugnant to such construction. .

69. And be it enaoted and ordained, that this Ordinance shall commence
and commencement
of Ordinance.
come into operation, as to all matters not otherwise provided for, on the
first day of
June, 1846 . . .

[Repealed by Prb~a~ecnce No. .5 of 1864.]

NOTE. -- By rule of Court made under this Ordinance of the 12th November, 1846, a
schedule of fees was fixed.
174

Title.
[See Ordinances No. 5 of 1846 & No. 2 of 1849.]
Preamble.
Persons imprisoned for debt may apply to the Supreme Court in a summary way for discharge.
Time of petitioning.
What shall be stated in the petition. Petition to be signd and filed.
Detaining creditors of prisoners in execution may apply by petition to Supreme Court for an order to vest debtor's estate in provisional assignee of Court appointed for that purpose.
[* Ordinance.] Prisoner's estate and effects, except wearing apparel, &c., not exceeding 20 pounds, and future estate, to be vested in provisional assignee by order of the Court. Prisoners within the walls only to petition;
Except in certain cases.
Power to Court to direct prisoner to be discharged on his finding sureties to attend at the time place of hearing. Prisoner not to be discharged for want of plaintiff proceeding in his action.
Provisional assignee to take possession of estates, &c., vested in him, and sell the same if the Court directs; Paying the expenses, &c.
To sue in his own name, &c.
Property vested in him to go to his successor in office.
Court may order an allowance to prisoner during his confinement or for expense of schedule.
When prisoner is discharged out of custody, acts of assignees to be valid.
No action to be brought against them where assignment is avoided.
Power of Court to appoint assignees.
Certified copy of order and appointment to be evidence.
Proviso for registry.
Sale of estate and effects, to be made immediately. Creditors to meet thirty days before sale of real estate. Meeting to be advertised.
Discretion in Court as to the disposal of property in certain cases.
Property may be mortgaged if more beneficial. Assignees may execute powers which the insolvent might have executed for his own benefit.
Where lease accepted by assignees, the insolvent not liable for the rent.
Assignees not determining whether to accept the lease, the lessor may apply to the Court.
Assigners may sue in thier own names;
may make composition for debts.
Proviso for consent of creditors to compositions and arbritrations. Creditors to vote according to balance due to them on account fairly stated.
Suits not to be abated by death or removal of assignees.
Assignee's power not to extend to the pay or pension of naval, military, or civil officers.
Portion of pay or pension may be obtained on application. Goods in possession of prisoner, where of the was reputed owner, to be deemed his property.
Distress not to be available for more than one year's rent.
Voluntary preference fraudulent and void as against assignees.
[* Ordinance.]
Provisions of 3 G. 4 c. 39, extended to the assignees of insolvents. Warrant of attorney and cognovit actionem not to be acted upon against goods of insolvent after his imprisonment.
Assignees to file accounts.
Accounts to be audited. Debts to be ascertained, and dividend made.
How dividend to be made.
Court may examine into disputed claims.
If prisoner, or creditor, or Court dissatisfied
with assignee's account, the Court may direct inquiry.
Court may charge assignee with twenty per cent on money wilfully retained.
Assignees to pay unclaimed dividends into Court. Court may remove assignees and appoint new assignees.
[* Ordinance.]
What shall be evidence of removal and appointment.
Court may commit for refusing to file accounts and other contempts.
Court may direct conveyance by provisional assignee where no assignee is appointed. After order made, the prisoner to deliver in a schedule of debts, property, &c. Schedule to be filed with books and papers.
Court to appoint time and place for prisoner to be brought up.
Notice to be given to creditors, and advertised. [See Ordinance No. 5 of 1846.]
At the time of hearing, the schedule to be examined.
Crediotors may oppose prisoner's discharge. Hearing may be adjourned.
Affidavits may be received in opposition to prisoner's discharge in certain cases.
Schedule and prisoner's accounts may be referred to an officer of the Court, or an eaxminer, who may order prisoner to attend.
Officer and examiner may administer oaths. Court may order expenses of reference to be paid out of insolvent's estate.
Court &c., may adjudge a prisoner to be discharged from custody, and entitled to the benefit of this Ordinance.
Court may adjudge discharge, &c., to be forthwith, or not later than six monuths from the filing of the petition.
In certain cases discharge, &c., to be at any period not later than three years from petitioning. In other cases the discharge, &c. to be at any period not later than two years from petitioning.
Discharge may extend to process for contempt in non-payment of money.
And to costs incurred by creditor, but subject to taxation. Discharge may extend to sums payable by way of annuity, &c.
Court may order costs, in certain cases, to be paid to opposing creditors out of insolvent's estate.
Where opposition frivolous and vexatious, costs may be awarded to prisoner.
Court to make order, pursuant to adjudication, and issue warrant to gaoler.
Specification of debts, &c., not necessary in order of adjudication. Adjudication may be conditional in certain cases.
Where adjudication is a discharge at a future period, the prisoner may be detained or arrested, &c., till that period arrives.
Court may order detaining creditor to pay prisoner a sum not exceeding four shillings a week. Before adjudication, prisoner shall execute warrant of attorney to confess judgment for amount of debts in schedule.
Court may permit execution to be taken out thereupon, when insolvent is of ability to pay, or is dead, leaving assets.
No scire facias necessary.
If application is ill-founded and vexations, Court may dismiss the same, with costs.
Where insolvent shall after discharge become entitled to property which cannot be taken in execution, the assignee may apply to Court for relief.
Court may order prisoner to be remanded to custody until he transfer such property.
Manner of proceeding where after the discharge of a prisoner, any person shall become possessed of property belonging to him.
Perosns discharged under this Ordinance not liable to imprisonment for debts, &c., to which adjudication extends.
If arrested, to be released by Judge of the Court from which process issued;
who may order costs to be paid to him.
After discharge, no execution to issue against insolvent for debts, &c., to which adjudication extends.
Discharge under this Ordinance may be pleaded generally.
When debts are satisfied, the Court may order warrant of attorney to be cancelled, and satisfaction to be entered on the judgment.
Andd a re-assignment to be executed.
Where error in schedule without fraud, this Ordinance to operate upon the actual amount of debt;
[* Ordinance.]
Adjudication and order to be final. unless obtained on false evidence, &c. in which case Court may order a re-hearing.
Insolvent refusing to appear may be apprehended, &c.
In adjudication of discharge on re-hearing, the time since former hearing not to be calculated.
Where an order of discharge has been issued by mistake, the Court may revoke and amend the same.
Prisoner may, after discharge, be examined as to estate and effects, on application of assignees.
Prisoner refusing to appear, or to answer questions, may be committed.
Persons wilfully omitting anything in the schedule, guilty of a misdemeanour, and liable to three year's imprisonment.
Indictment need only set out substance of offence charged.
Persons swearing falsely under this Ordinance liable to punishment inflicted for perjury.
Mode of proceeding with prisoners of unsound mind.

Application may be made by persons on behalf of such prisoners.
Court may discharge such prisoner.
May appoint assignees;
May order judgment to be entered up.
Discharge not to extend to Crown debtors.
Officer of Court to produce proceedings and give copies.
A copy of such proceedings under seal to be admitted as evidence.
Examiners to appointed.
Their fees.
Sheriffs, &c., indemnified for obeying orders of Court.
If action for escape &c., brought, the general issue may be pleaded, and this Ordinance given in evidence.

What shall be sufficient to be set forth in the rules and proceedings of the Court.
Before whom affidavits are to be sworn.
What shall be paid for insertion of advertisements.
Power to Court, with the advice of the Legislative Council, to make rules and orders and settle scale of fees.
Construction of Ordinance.
240

Commencement of Ordinance.

174

Title.
[See Ordinances No. 5 of 1846 & No. 2 of 1849.]
Preamble.
Persons imprisoned for debt may apply to the Supreme Court in a summary way for discharge.
Time of petitioning.
What shall be stated in the petition. Petition to be signd and filed.
Detaining creditors of prisoners in execution may apply by petition to Supreme Court for an order to vest debtor's estate in provisional assignee of Court appointed for that purpose.
[* Ordinance.] Prisoner's estate and effects, except wearing apparel, &c., not exceeding 20 pounds, and future estate, to be vested in provisional assignee by order of the Court. Prisoners within the walls only to petition;
Except in certain cases.
Power to Court to direct prisoner to be discharged on his finding sureties to attend at the time place of hearing. Prisoner not to be discharged for want of plaintiff proceeding in his action.
Provisional assignee to take possession of estates, &c., vested in him, and sell the same if the Court directs; Paying the expenses, &c.
To sue in his own name, &c.
Property vested in him to go to his successor in office.
Court may order an allowance to prisoner during his confinement or for expense of schedule.
When prisoner is discharged out of custody, acts of assignees to be valid.
No action to be brought against them where assignment is avoided.
Power of Court to appoint assignees.
Certified copy of order and appointment to be evidence.
Proviso for registry.
Sale of estate and effects, to be made immediately. Creditors to meet thirty days before sale of real estate. Meeting to be advertised.
Discretion in Court as to the disposal of property in certain cases.
Property may be mortgaged if more beneficial. Assignees may execute powers which the insolvent might have executed for his own benefit.
Where lease accepted by assignees, the insolvent not liable for the rent.
Assignees not determining whether to accept the lease, the lessor may apply to the Court.
Assigners may sue in thier own names;
may make composition for debts.
Proviso for consent of creditors to compositions and arbritrations. Creditors to vote according to balance due to them on account fairly stated.
Suits not to be abated by death or removal of assignees.
Assignee's power not to extend to the pay or pension of naval, military, or civil officers.
Portion of pay or pension may be obtained on application. Goods in possession of prisoner, where of the was reputed owner, to be deemed his property.
Distress not to be available for more than one year's rent.
Voluntary preference fraudulent and void as against assignees.
[* Ordinance.]
Provisions of 3 G. 4 c. 39, extended to the assignees of insolvents. Warrant of attorney and cognovit actionem not to be acted upon against goods of insolvent after his imprisonment.
Assignees to file accounts.
Accounts to be audited. Debts to be ascertained, and dividend made.
How dividend to be made.
Court may examine into disputed claims.
If prisoner, or creditor, or Court dissatisfied
with assignee's account, the Court may direct inquiry.
Court may charge assignee with twenty per cent on money wilfully retained.
Assignees to pay unclaimed dividends into Court. Court may remove assignees and appoint new assignees.
[* Ordinance.]
What shall be evidence of removal and appointment.
Court may commit for refusing to file accounts and other contempts.
Court may direct conveyance by provisional assignee where no assignee is appointed. After order made, the prisoner to deliver in a schedule of debts, property, &c. Schedule to be filed with books and papers.
Court to appoint time and place for prisoner to be brought up.
Notice to be given to creditors, and advertised. [See Ordinance No. 5 of 1846.]
At the time of hearing, the schedule to be examined.
Crediotors may oppose prisoner's discharge. Hearing may be adjourned.
Affidavits may be received in opposition to prisoner's discharge in certain cases.
Schedule and prisoner's accounts may be referred to an officer of the Court, or an eaxminer, who may order prisoner to attend.
Officer and examiner may administer oaths. Court may order expenses of reference to be paid out of insolvent's estate.
Court &c., may adjudge a prisoner to be discharged from custody, and entitled to the benefit of this Ordinance.
Court may adjudge discharge, &c., to be forthwith, or not later than six monuths from the filing of the petition.
In certain cases discharge, &c., to be at any period not later than three years from petitioning. In other cases the discharge, &c. to be at any period not later than two years from petitioning.
Discharge may extend to process for contempt in non-payment of money.
And to costs incurred by creditor, but subject to taxation. Discharge may extend to sums payable by way of annuity, &c.
Court may order costs, in certain cases, to be paid to opposing creditors out of insolvent's estate.
Where opposition frivolous and vexatious, costs may be awarded to prisoner.
Court to make order, pursuant to adjudication, and issue warrant to gaoler.
Specification of debts, &c., not necessary in order of adjudication. Adjudication may be conditional in certain cases.
Where adjudication is a discharge at a future period, the prisoner may be detained or arrested, &c., till that period arrives.
Court may order detaining creditor to pay prisoner a sum not exceeding four shillings a week. Before adjudication, prisoner shall execute warrant of attorney to confess judgment for amount of debts in schedule.
Court may permit execution to be taken out thereupon, when insolvent is of ability to pay, or is dead, leaving assets.
No scire facias necessary.
If application is ill-founded and vexations, Court may dismiss the same, with costs.
Where insolvent shall after discharge become entitled to property which cannot be taken in execution, the assignee may apply to Court for relief.
Court may order prisoner to be remanded to custody until he transfer such property.
Manner of proceeding where after the discharge of a prisoner, any person shall become possessed of property belonging to him.
Perosns discharged under this Ordinance not liable to imprisonment for debts, &c., to which adjudication extends.
If arrested, to be released by Judge of the Court from which process issued;
who may order costs to be paid to him.
After discharge, no execution to issue against insolvent for debts, &c., to which adjudication extends.
Discharge under this Ordinance may be pleaded generally.
When debts are satisfied, the Court may order warrant of attorney to be cancelled, and satisfaction to be entered on the judgment.
Andd a re-assignment to be executed.
Where error in schedule without fraud, this Ordinance to operate upon the actual amount of debt;
[* Ordinance.]
Adjudication and order to be final. unless obtained on false evidence, &c. in which case Court may order a re-hearing.
Insolvent refusing to appear may be apprehended, &c.
In adjudication of discharge on re-hearing, the time since former hearing not to be calculated.
Where an order of discharge has been issued by mistake, the Court may revoke and amend the same.
Prisoner may, after discharge, be examined as to estate and effects, on application of assignees.
Prisoner refusing to appear, or to answer questions, may be committed.
Persons wilfully omitting anything in the schedule, guilty of a misdemeanour, and liable to three year's imprisonment.
Indictment need only set out substance of offence charged.
Persons swearing falsely under this Ordinance liable to punishment inflicted for perjury.
Mode of proceeding with prisoners of unsound mind.

Application may be made by persons on behalf of such prisoners.
Court may discharge such prisoner.
May appoint assignees;
May order judgment to be entered up.
Discharge not to extend to Crown debtors.
Officer of Court to produce proceedings and give copies.
A copy of such proceedings under seal to be admitted as evidence.
Examiners to appointed.
Their fees.
Sheriffs, &c., indemnified for obeying orders of Court.
If action for escape &c., brought, the general issue may be pleaded, and this Ordinance given in evidence.

What shall be sufficient to be set forth in the rules and proceedings of the Court.
Before whom affidavits are to be sworn.
What shall be paid for insertion of advertisements.
Power to Court, with the advice of the Legislative Council, to make rules and orders and settle scale of fees.
Construction of Ordinance.
240

Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/43

1890

v1

No. 3 of 1846

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