any officer of the law, or other person, to apprehend the person so summoned and failing to appear, and to bring the said person before such Court or commissioner, or to lodge the said person in any prison, therein to be detained until the time which such Court or commissioner shall, on the application of the trustee or trustees, have appointed anew for his or her examination: and the gaoler of any such prison shall cause such person to be brought before such Court or commissioner at the time and place specified in such warrant. And if any such person, so summoned or brought before such Court or commissioner for examination, shall refuse to be sworn, or shall refuse to answer any lawful question put by such Court or commissioner touching any of the matters aforesaid, or shall refuse to sign his or her examination so reduced into writing as aforesaid, (not having any lawful objection allowed by such Court or commissioner), or shall not, being thereunto required, produce any books, papers, deeds, writings, or other documents in his or her custody or power, relating to any of the matters aforesaid, and to the production of which he or she shall not state any objection allowed by them, it shall be lawful for such Court or for such commissioner by warrant under his hand, to commit him to such prison as they shall think fit, there to remain without bail, until such person shall submit to be sworn, or make answers to all such lawful questions, as shall by such Court or commissioner be put, or sign such examination, or produce such books, papers, deeds, writings, or other documents as aforesaid, in his or her custody or power, to the production of which no such objection as aforesaid shall be allowed.

Ord. 6--1843,

Tender of expenses

to parties to be ex

66. And be it enacted, that the insolvent and every other person summoned before the Supreme Court, or Circuit Court, or any mind. commissioner, by order of the said Court to be examined or give evidence, or make disclosure of the trade, dealings, estate, or effects of any insolvent, under or by virtue of this Ordinance, shall have his necessary expenses tendered to him by the trustee or trustees of such insolvent estate, in like manner as is by law required upon service of a subpoena to a witness in any civil suit. And such necessary expenses shall also be tendered to every insolvent who is required by any notice in writing, signed by the Master of the Supreme Court, or by any Resident Magistrate, to attend any meeting of creditors other than the first, second, and third meetings as aforesaid, or some adjournment of the second meeting.

amination.

67. And be it enacted, that every insolvent or other person Penalty of false sworn by or before any Court, or commissioner, or by the Master answers during ex of the Supreme Court, or by any Resident Magistrate, by virtue of any of the provisions of this Ordinance, who shall wilfully make any false answer to any lawful question put by such Court, Commissioner, Master, or Resident Magistrate, such person shall be deemed guilty of the crime of perjury, and on conviction thereof shall suffer any punishment provided by law for such crime.

Orl. 6-1843.

ation.

Proceedings on apcharged.

68. And be it enacted, that if any person whatsoever be comWarrant of com- mitted by any Court or commissioner, or by the said Master, or by mitment at examin- any Resident Magistrate, for refusing to answer, or not fully answering, any question put to him by them, they shall, in their warrant of commitment, specify every such question: and if any plication to be dis- person, so committed as aforesaid, shall make any application to any Court or Judge, competent to entertain the same, in order to be discharged from such commitment, and there shall not appear to such Court or Judge any insufficiency or informality in the form of the warrant, whereby such person was committed, by reason whereof he might be discharged, it shall be lawful for such Court or Judge, and such Court or Judge is hereby required, to recommit such person to the same prison, there to remain until he shall conform as aforesaid; unless it be shown to such Court or Judge by the party committed, that he has fully answered all lawful questions put to him on his examination as aforesaid if such person was committed for refusing to be sworn, or for not signing his examination, unless it shall appear to such Court or Judge, that he had a sufficient reason for the same: Provided also, that such Court or Judge shall, if required thereto by the party committed, consider the whole examination of such party, whereof any such question was a part, and, if it shall appear from the whole examination, that the answer or answers of the party committed is or are satisfactory, such Court or Judge shall and may order the party so committed to be discharged.

Master, &c., same

of peace in action

them.

; or,

69. And be it enacted, that in case any suit or action shall be protection as justices instituted, or sought to be instituted against the Master of the brought against Supreme Court, or any commissioner of the said Court, or any Resident Magistrate, by reason or on account of any commitment to prison of the insolvent or other person, the said Master, Commissioner, and Resident Magistrate shall respectively possess and enjoy, in reference to such action, and the process and proceedings therein, every right, privilege and provision, and be subject to every liability which do, or shall by law, belong and pertain to suits or actions instituted or sought to be instituted against Justices of the Peace, for anything done by them in the execution of their office; Provided also, that the Court before which any action founded upon a commitment for refusing to answer, or not fully answering, any question or questions put to the plaintiff, is tried, shall, if required thereto by the defendant, consider the whole examination of the plaintiff, whereof such question was, or such questions were, a part; and if it shall upon such consideration appear to such Court that the plaintiff was lawfully committed, the defendant shall have the same benefit therefrom as if the whole of such examination had been set forth in the warrant of commitment.

What acts consti

70. And be it enacted, that if any insolvent whose estate shall tute fraudulent in- have already been, or shall hereafter be, surrendered or adjudged to be sequestrated as insolvent, shall either before or after the making

solvency.

of the order for sequestration, have alienated, transferred, given, ceded, delivered, mortgaged, or pledged, or shall have embezzled, concealed, or removed, any part of his estate or effects, to the value of ten pounds sterling or upwards; or shall have concealed, removed, destroyed, falsified, or mutilated any books of accounts, papers, writings, documents, bills, or vouchers relating thereto with intent to defraud his creditors; or shall have fraudulently contracted any debt; or if any such insolvent shall, at the second meeting of his creditors, or any adjournment thereof, holden before the Master of the Supreme Court, or any Resident Magistrate, for the purposes aforesaid, wilfully lodge any inventory containing any false statement of his estate or effects, or any part thereof, or with respect to any debt due to or by him, or shall produce any books of accounts, papers, writings, documents, bills, or vouchers, whichare false, or on which any erasure or alteration has been made, or caused to be made by him, or with his knowledge, with intent to defraud his creditors; or, if any such insolvent shall, at any time when examined in manner aforesaid before any Court or commissioner, or by the Master of the Supreme Court, or by any Resident Magistrate, wilfully make any false answer to any lawful questions then put to him, with intent to defraud his creditors, or shall have connived at or concealed from the trustee, his knowledge of the proof, by any person, of a false debt against his estate, he shall be deemed to be guilty of the crime of fraudulent insolvency, and, on conviction thereof, shall suffer transportation for life or for any shorter period not less then five years, or imprisonment, with or without hard labour, for any period not exceeding five years.

Ord. 6-1843.

What acts constitute culpable insol

71. (1) And be it enacted, that if any insolvent whose estate shall hereafter be surrendered or adjudged to be sequestrated as insolvent, veney. shall fail to attend before his creditors at the first, second, and third meetings thereof, or shall fail to attend at any adjournment of the said second meeting, unless authorised by the Master or Resident Magistrate, as the case may be, not to attend the same, or shall, without good and lawful reason for absenting himself, fail to attend before his creditors, at any meeting thereof, after having been personally served with a notice in writing signed by the Master or the Resident Magistrate, as the case may be, requiring him to attend such meeting, or shall not, in case his estate is deficient to the amount of five hundred pounds, or upwards have kept, or caused to be kept, such reasonable and proper books or accounts containing all such entries belonging to, and exhibiting the nature of, his dealings and transactions as (regard being had to his particular trade or calling), might reasonably be expected and required; or shall not, when thereto required by the said Master or the Resident Magistrate, as the case may be, at any meeting of his creditors, account for or dis

1 Amended by Act 38 of 1884, §§ 9, 10.

Ord. 6--1843.

magistrate in culpable insolvency.

cover what has become of any money, or valuable security, or other property or effects, which shall have been proved to have been in his possession so recently before the sequestration as to make it his duty so to do; or shall not, when thereto required by such Master or Resident Magistrate as aforesaid, give a true and sufficient explanation of the cause or causes of his insolvency; or if he shall have given to any of his creditors an undue preference as the same is hereinafter defined; or shall have contracted any debt without any reasonable or probable expectation, at the time of contracting the same, of being able to pay the same; or shall have incurred any debt by reason of any breach of trust; or shall, without having obtained his certificate and the allowance thereof, between the time of the making of the order for the sequestration of his estate and the time of the making of the decree confirming the account and plan of distribution as hereinafter mentioned, have entered into any dealing or business, or taken upon him the buying and selling of any goods, wares, or merchandize, whether for himself or any other person whatsoever, without the authority in writing of the person in whom the insolvent estate shall, for the time being, by law be vested, first had and obtained; or shall. have granted, made, or promised any gratuity, payment, security, or other undue consideration in order to procure or obtain the concurrence or assent of any creditor either to any offer of composition, or to the certificate, as the same are hereinafter mentioned, such insolvent shall be deemed to be guilty of the crime of culpable insolvency, and, upon conviction, be imprisoned with or without hard labour, for any period not exceeding six months.

Jurisdiction of 72. And be it enacted, that it shall and may be lawful for the Courts of the Resident Magistrates in this Colony, respectively, on the conviction before any such Court of any person of any of the offences set forth in the last preceding section mentioned, to sentence such person to the punishment in the said section provided.

Prosecution of culpable insolvency by creditors.

Fraudulent alien

ation, &c., by insol

third parties.

73. And be it enacted, that every trustee and every creditor of or on the estate of any insolvent shall, with regard to any of the offences set forth in the seventy-first section of this Ordinance, have the same right of prosecution which any private person has by law with regard to any offence committed against his person or property, and no other right; Provided always, that no creditor or creditors shall be entitled to exercise any such right of prosecution for any such offence without first obtaining from the trustee, and producing, a certificate that the trustee declines to prosecute for that offence.

74. And be enacted, that if any person shall receive or accept vent in favour of any alienation, transfer, gift, cession, delivery, mortgage, or pledge made by any insolvent of any part of his estate or effects, with intent to defraud the creditors of the insolvent, knowing, at the time, the same to be fraudulently made, such person shall, on conviction thereof, suffer transportation for life, or for any period not

Ord. 6-1843.

effects sequestrated.

less than five years, or imprisonment, with or without hard labour, for any period not exceeding five years. 75. And be it enacted, that if any person shall dispose of, Removal, &c., of remove, conceal, embezzle, or receive, any movable property belonging to any insolvent estate, which has been attached by virtue of any order for the sequestration thereof, or any movable property, which has been attached by process of any competent Court, knowing the same to have been so attached and with intent to defeat the said attachment, such person shall, on conviction thereof, suffer transportation for any period not exceeding seven years, or imprisonment with or without hard labour, for any period not exceeding five years.

Recovery of seques

trated effects con

76. And be it enacted, that in all cases when, on the application of the Master of the Supreme Court, or any trustee or trustees of cealed. any insolvent estate, it shall, on oath, be made to appear to the satisfaction of any Judge of the Supreme Court, or Resident Magistrate, or Justice of the Peace, that there is reason to suspect or believe that property of any insolvent is concealed in any house or other place not belonging to the insolvent, it shall and may be lawful to the said Judge, Magistrate, or Justice of the Peace, to grant a warrant to search for and take the said property; which warrant shall be executed in like manner as is by law allowed in execution of a search warrant for property reputed to be stolen and concealed and any property of the insolvent so found shall forthwith be delivered, if no trustee or trustees have hitherto been confirmed, to the Master of the Supreme Court, or otherwise, to the trustee or trustees who have been confirmed, or to any person appointed by the said Master, or trustee or trustees, to receive the

same.

creditors.

77. And be it enacted, that it shall be lawful for the Master of Third meeting of the Supreme Court, and he is hereby required, so soon as the trustee or trustees, chosen at the second meeting of the creditors of any insolvent estate in manner aforesaid, have been confirmed, forthwith to appoint the third meeting of the creditors of the insolvent to be holden before himself, or any Resident Magistrate, at such time, and at such place, as he shall deem most expedient for all parties concerned, for the purpose of receiving proof of debts and for receiving the report of the trustee or trustees as to the condition of the insolvent estate, and for giving directions to the trustee or trustees as to the management thereof; and the said trustee or trustees shall give notice of the time and place at which, and of the purposes for which, such meeting is to be held, in the same advertisement in the Government Gazette, in which notice is herein before required to be given by them to the creditors, of their confirmation as trustee or trustees.

For proof of debts. condition of estate.

And report as to

tion of.

78. And be it enacted, that it shall and may be lawful for the Commissioner,ele – creditors of any insolvent estate present at such third meeting as aforesaid, or at any other subsequent meeting, to elect, if they shall

W