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PART I.

Courts may

order letters ad

directed or delivered to OfficialAssignee

&c.

The Court may order that for a period of three dressed to Bank- months from the date of any such order, all post rupt to be re- letters directed or addressed to any Bankrupt, at the place of which he shall be described in the petition for adjudication of Bankruptcy, shall be re-directed, re-addressed, sent, or delivered by the Postmaster General, or the officers acting under him, to the Official or other Assignee, or other person named in such order; and upon notice by transmission of a duplicate of any such order to the Postmaster General, or the officers acting under him, by the Official or other Assignee, or other person named in such order, of the making of such order, it shall be lawful for the Postmaster General, or such officers as aforesaid, in England, Scotland, or Ireland, to re-address, redirect, send, or deliver all such post letters to the Official or other Assignee, or other person named in such order accordingly; and the Court may, upon any application to be made for that purpose, renew any such order for a like or for any other less period as often as may be necessary. (B. L. C. A. 1849, sec. 124.)

Power to sum

mine Bankrupt.

AS TO THE BANKRUPT AND PERSONS SUSPECTED
OF HAVING HIS PROPERTY.

The Court may summon any Bankrupt before it, mon and exa. whether such Bankrupt shall have obtained his discharge or not; and in case he shall not come at the time appointed by the Court (having no lawful impediment made known to, and allowed by the the Court at such time); it shall be lawful for the Court, by warrant, to authorise and direct any person or persons the Court shall think fit to apprehend and arrest such Bankrupt, and bring him before the Court; and upon the appearance of such Bankrupt, or if such Bankrupt be present at any sitting of the Court, it shall be lawful for

the Court to examine such Bankrupt, after he shall have made and signed the declaration contained in the schedule (W) to this act annexed, either by word of mouth, or on interrogatories in writing, touching all matters relating to his trade, dealings, or estate, or which may tend to disclose ány secret grant, conveyance, or concealment of his lands, tenements, goods, money, or debts, and to reduce his answers into writing, which examination, so reduced into writing, the said Bankrupt shall sign and subscribe. (B. L. C. A., 1849, Sec. 117.)

PART I.

Power to

ummon and examine the

It shall be lawful for the Court to summon before it the wife of any Bankrupt and examine her, after she shall have made and signed the de- Bankrupt's wife. claration in Schedule (W) to this act, either by word-of-mouth or interrogatories in writing, for the finding out and discovery of the estate, goods and chattels of such Bankrupt, concealed, kept, or disposed of by such wife in her own person, or by her own act, or by any other person, and she shall incur such danger or penalty for not coming before the Court, or for refusing to be sworn and examined, or for refusing to sign or subscribe her examination, or for not fully answering to the satisfaction of the Court, as is hereinafter provided. (B. L. C. A., 1849, sec. 118.)

If in any case it shall be proved to the satisfaction of the Court, that any Bankrupt is keeping out of the way, and cannot be personally served with a summons, and that due pains have been taken to effect such personal service, or that there is probable cause for believing that he is about to quit England, or to remove or conceal any of his goods or chattels, unless he be forthwith apprehended, it shall be lawful for such Court, by warrant, to authorise and direct any person or persons it shall think fit, to apprehend and arrest such Bankrupt, and bring him before the Court, to be examined in like manner as if he appeared upon a summons. (B. L. C. A., 1849, Sec. 119.)

If Bankrupt be the way or be keeping out of about to quit

England, &c., power to issue warrant.

PART I.

Power to sum

mon persons

having Bank

rupt's property, &c.

After adjudication it shall be lawful for the suspected of Court to summon before it any person known or suspected to have any of the estate of the Bankrupt in his possession, or who is supposed to be indebted to the Bankrupt, or any person the Court may believe capable of giving information concerning the person, trade, dealings, or estate of the Bankrupt, or concerning any act of Bankruptcy committed by him, or any information material to the full disclosure of his dealings; and the Court may require such person to produce any books, papers, deeds, writings, or other documents in his custody or power, which may appear to the Court necessary to the verification of the deposition of such person, or to the full disclosure of any of the matters which the Court is authorised to inquire into; and if such person so summoned as aforesaid, shall not come before the Court at the time appointed, having no lawful impediment (made known to the Court at the time of its sitting, and allowed by it) it shall be lawful for the Court, by warrant, to authorise and direct the person or per sons therein named for that purpose, to apprehend and arrest such person, and bring him before the Court for examination. (B. L. C. A. 1849, sec. 120.)

Service of summons where person keeps

Where it shall be shown by affidavit, to the satisfaction of the Court, that any person to whom out of the way. any such summons is directed as aforesaid is keeping out of the way, and cannot be personally served therewith, and that due pains have been taken to effect such personal service, it shall be lawful for the Court to order by indorsement upon the summons, that the delivery of a copy of such summons to the wife, or servant, or some adult inmate of the house or family of such person, at his usual or last known place of abode or business, and explaining the purport thereof to such wife, servant, or inmate, shall be equivalent to personal service, and in every such case the service of such summons in pursuance of such order, shall be, and be deemed, and taken to be of the same force and

effect to all intents and purposes, as if the party to
whom such summons was directed had been person-
ally served therewith. (B.L. C. A., 1849, sec. 121.)
Upon the
appearance of any person, summoned
or brought before the Court upon any warrant as
aforesaid, or if any person be present at any sitting
of the Court, it shall be lawful for the Court to ex-
amine every such person upon oath, either by word-
of-mouth or by interrogatories in writing, concern-
ing the person, trade, dealings, or estate of any
Bankrupt, or concerning any act or acts of Bank-
ruptcy by any Bankrupt committed, and to reduce
into writing the answers of every such person, and
such answers, so reduced into writing, such person
examined is hereby required to sign and subscribe.
(B. L. C. A., 1849, sec. 122.)

If any such person examined as last aforsaid shall in and by his examination, signed and subscribed as aforesaid, and also in and by a separate writing in the form contained in the schedule (X) to this Act annexed, admit that he is indebted to the Bankrupt in any sum of money upon the balance of accounts, it shall be lawful for the Court, if it think fit, to order (in the form contained in schedule [Y] to this Act annexed, or to the like effect,) that such person shall forthwith, or at such time and in such manner as to the Court may seem expedient, pay the amount so admitted in full discharge thereof, to the Official Assignee, together with the costs of and incident to the summons of such person, if the Court should think fit to award costs, or the Court may, if it think fit, in the said form contained in schedule (Y) to this Act annexed, order the Official Assignee to pay the costs of the person summoned out of the estate of the Bankrupt; and every such order shall have the effect of a judgment in Her Majesty's Superior Courts of Common Law, and may be enforced accordingly. (B. L. C. A., 1849, sec. 123.)

By the Bankruptcy Act, 1861, sec. 111, such admission shall be signed in the presence of some

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PART I.

Any person

officer of such Court, who shall attest such signature thereto.

If any Bankrupt, or the wife of any Bankrupt. refusing to be shall refuse to make and sign the declaration con

sworn, or refus

duce Books, &c.,

may be com

mitted.

ing to answer, or tained in the schedule (W) to this Act annexed; not fully answering, or refusing or if any other shall refuse to be sworn, or person to sign Examin- shall refuse to answer any lawful question put by ation, or to pro- the Court, or shall not fully answer any such question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing, (not having any lawful objection allowed by the Court,) or shall not produce any books, papers, deeds, and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such Bankrupt, Wife of the Bankrupt, or person is required by the Court to produce, and to the production of which he shall not state any objection allowed by the Court, it shall be lawful for the Court, by warrant, to commit such Bankrupt, Wife of such Bankrupt, or other person, to such prison such Court shall think fit, there to remain without bail, until he shall submit himself to such Court to be sworn, and full answers make to the satisfaction of such Court to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings, and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed. (B. L. C. A., 1849, sec. 260.)

Form of Warrant for Commitment of Bankrupt.

In any Warrant of Commitment issued by any Court under this Act, it shall not be necessary to set forth or specify any question or any part of the examination of the person so committed, but it shall be sufficient to refer in the Warrant to the examination or deposition of the person as remaining on the file of proceedings, and to specify in the said Warrant the precise date of the examination or deposition so referred to, and such Warrant shall be in the form contained in schedule (C) to

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