debt to be a our. 99. Any person in this Colony who shall wilfully and corruptly False proof of make any affidavit for proof of debt as aforesaid, knowing the same, misdemean or the statement of account to which the same shall be appended, to be untrue in any material particular, shall be deemed guilty of a misdemeanour, and shall be liable on conviction before the Supreme Court of Criminal Justice, to undergo the pains and penalties imposed upon persons guilty of wilful and corrupt perjury. 100. All and singular the foregoing provisions with respect to Provisions the proof of debts shall extend to claims filed upon any estate or to proof of with respect trust under the administration of the Administrator General in so debt applica far as the same may respectively be applicable. ble to Admin. istrator Gene. ral's Estates. sions of Ad vent's estates; 101. All and singular the provisions contained in "the Adminis- Certain Provi. trator General's Ordinance, 1865," with respect to the calling up ministrator of creditors, proof of debts, dividends, and appeals, shall extend General's office to be apand be applicable to the estates of debtors adjudged insolvent under plied to Insolthis Ordinance: Provided that it shall not be lawful for any dividend to be made amongst the joint creditors, out of any separate estate, until the separate creditors shall have been paid in full, nor Proviso as to for any dividend to be made to the separate creditors out of the Joint Credijoint estate, until all the joint creditors shall have been paid in Estates full; in which latter case it shall be lawful for such dividend to be made among the separate creditors out of such interest in the joint estate, as such insolvent shall appear to be separately entitled to. Schedule of Insolvent and proceedings on the hearing. tors and Joint 102. When any debtor shall be adjudged to be insolvent, such How Insol insolvent, within thirty days after the date of such adjudication, or vent's Schewithin such further time as the Court may allow upon special appli- made. cation for that purpose made at the cost of the petitioner, shall deliver into Court a Schedule containing a full and true account of all his debts, whether due by him solely, or jointly with any other person, and of all claims made upon him for debts not admitted to be due, together with a full and true description of the several persons to whom such debts shall be owing, or by whom such Hh2 claima [Ord. 1 anno 1872.] to Official As. inspection of all persons interested. No. XC. claims shall be made, and also a true and perfect account of all the estate and effects moveable and immoveable of the insolvent, in possession, reversion, remainder, or expectancy, wheresoever situate, and all his rights, dues, claims, choses in action, and interests, and of all trusts and powers which can in any way be available for the benefit of his creditors; and such schedule shall also contain a full and true statement of the names and places of abode of the persons from whom any debt or debts shall be owing to the insolvent himself, or to him jointly with any other person or against whom any claim or action may be brought, maintained, and enforced, and of the witnesses who may be able to prove such debts or support such claim or action, together with every other particular which may be required by the Court, for giving full effect to this Ordinance. 103. Every such schedule so delivered as aforesaid, shall be Schedule to be subscribed by the insolvent, and shall forthwith be filed in Court, filed and copy to be delivered and a copy thereof delivered by him to the official assignee, which signee and to copy shall be open at his office to the inspection of creditors and all others interested in the estate at all reasonable hours without fee or reward; and it shall be the duty of the official assignee forthwith to examine the schedule and to compare the same with the books of account, papers and vouchers of the insolvent, and to make a report thereon to the Court, and such report shall set forth particularly whether the books have been kept in a clear and correct port to Court. manner so as to enable the creditors to obtain a complete knowledge of the state of the insolvent's affairs, and shall also furnish a statement of the probable assets of the estate. Official As signee to re ditors and In solvent to ap pear before Court. 104. After the schedule of any insolvent shall be filed in Court Notice to Cre- as aforesaid, the Registrar shall cause notice to be published in the Official Gazette calling upon the creditors of such insolvent to appear on a certain day before the Court, to oppose, if they shall think fit, the discharge of such insolvent, and also calling upon the insolvent to appear on the same day to pass his examination before the Court, and if there shall be any creditor whose claim does not appear upon the schedule of the insolvent, he shall be at liberty to prove his claim and to have the same added to the schedule of such insolvent. 105. Upon hended. 105. Upon the day so appointed the insolvent shall be bound to Insolvent not appearing may appear before the Court to be examined upon oath, touching his be appre insolvency and all matters relating thereto, and in case he shall not come at the time appointed, or at any future time to which the hearing may be adjourned by the Court (having no lawful impediment made known to and allowed by the Court at such time) the Court may by warrant authorise the Provost Marshal or his deputy to apprehend such insolvent and to bring him before the Court. Examination 106. Upon the day so appointed, or on any future day to which into all matters such hearing may be adjourned, the Court shall proceed to examine relating to the Insolvency. into the report of the official assignee; and the insolvent, and the official or creditors' assignee, or any creditor of the insolvent who has proved, may be heard in support of or in opposition to the Hearing in discharge, and the whole matter of the insolvency shall be inquired support of, or in opposition into and examined by the Court, as well respecting the claims of to discharge of any creditors who shall be absent, as of those who shall be present; and the Court may order any insolvent who is in custody to be brought before it as often as occasion may require. Insolvent. clerk to attend 107. It shall be the duty of the official assignee by himself or official As one of his clerks, to attend the several sittings of the Court for the signee, or his examination of the insolvent, and the hearing of the matter of and give infor. insolvency, and to give to the Court and the creditors all the information and assistance in his power touching the true state of the insolvent's affairs. mation. Court upon 108. Upon the hearing the Court may order the insolvent to Powers of amend his schedule, or may adjourn further proceedings until a hearing. future day, or may direct a reference to the Accountant of the Court or such other person as it shall think fit, as to any matter of account, or the truth of the schedule, and require a report thereon, or may remaid the insolvent (if in custody) until the further hearing of the petition, or until final order be made in the matter thereof, or may cancel or continue his certificate of protection, or may make a fresh order for protecting the insolvent from arrest until final order be made in the matter of the petition. order release 109. The insolvent, if in prison for debt at the date of his Court may adjudication may apply to the Court to be released, and shall give of Insolvent, sufficient if a prisoner: his being prisoner for certain causes; sufficient notice of his intention so to apply, to the detaining creditor or creditors and the official assignee; and the Court whether any objections are, or are not urged by them or any of them, or by any other creditors may refuse to grant such application or may grant the same, either absolutely, or on such conditions as to the Proviso as to Court may seem fit: Provided always, that the Court shall not order such release where it shall appear by any sentence, order or commitment, under which the insolvent is in prison or in custody, or by the record or entry of any such sentence, order, or commitment, and the pleadings or proceedings previously thereto, that he is in prison or in custody for any debt contracted by fraud or brea ch of trust, or by reason of any prosecution against him whereby he had been convicted of any offence, or for any debt contracted by reason of any sentence in any proceeding for breach of the revenue laws, or in any action for breach of promise of marriage, seduction, criminal conversation, libel, slander, assault, battery, malicious arrest, malicious trespass, or maliciously filing or prosecuting a petition for adjudication of insolvency: Provided also, that such to rights of release shall in no wise affect any rights of the creditor at whose ereditor at whose suit suit the insolvent may be in prison or in custody against the insolinsolvent may be imprisoned; vent, except the right of detaining him in prison or in custody whilst protected from imprisonment by order of the Court: Provided also that the Court shall not grant such release if the insolvent fail to point out and surrender to the official assignee the whole of his property, estate, and effects, or has not at the time that such application shall be disposed of, done all things by him as up to that time required to be done by this Ordinance. Proviso as Proviso as to conduct of insolvent. Who may oppose such release; Costs. 110. The official Assignee or any creditor may appear at any hearing to oppose the insolvent's discharge in person, or in the case of a creditor absent from the colony by his duly authorized attorney, or by counsel and attorney-at-law; and counsel and attorney-at-law may appear in support of the insolvent, and whenever it shall be proved, to the satisfaction of the Court, that such insolvent bas done or committed any act for which he may be liable to imprisonment, the Court shall adjudge the taxed costs of the opposition to be paid to the opposer out of the estate and effects of such insolvent, before any dividend made thereof; and in all cases of opposition to an insolvent's discharge being substantiated or effectual, it shall be lawful for the Court to adjudge in like manner, if it shall think fit; and in case it shall appear to the Court that the opposition of any creditor to any insolvent's discharge was frivolous and vexatious, it shall be lawful for the Court to award. such costs to such insolvent as shall appear to be just and reasonable, to be paid to the insolvent by the creditor making such opposition, and the Court may, wher and as it shall think fit, award to the insolvent all costs incurred by him. Allowance to Insolvent. III. The Court may, if it think fit, from time to time, make Allowance to such allowance to the insolvent out of his estate, until he shall insolvent. have passed his last examination, as shall be necessary for the support of himself and his family: Provided always, that no such Proviso. allowance shall be made by the Court if the insolvent shall not have complied with the provisions of this Ordinance. of estate to 112. If the produce of the estate of any insolvent shall be suffi- Surplus asso's cient to pay twenty shillings in the pound and interest as hereinaf- be paid to ter mentioned and to leave a surplus, such surplus shall be paid to insolvent. such insolvent, his executors, administrators, or assigns; and every such insolvent shall be entitled to recover the remainder, if any, of the debts due to him; but such surplus shall not be paid until all the creditors who have proved shall have received interest upon their debts, on which interest can properly be awarded. Annulling Adjudication. vent otherwise own petition annulment of 113. Any debtor who has been adjudicated insolvent otherwise Person adthan on his own petition, may within one mouth from the date of judged Insol such adjudication if he were within the colony at the time of such than on his adjudication, otherwise within six months from such date, petition may apply for the Court to annul the adjudication, setting forth the grounds on adjudication. which such annulment is sought, and the Court shall thereupon appoint a day at the next session of the full Court for the hearing of the petition, and direct notice thereof to be given by the debtor, to the petitioning creditor and the official assignee, with leave to Procedure on such applicathe parties to summon witnesses and to adduce evidence, and on tion. such day, or on any future day to which the hearing may be adjourned, |