mation material to the full disclosure of the affairs of the estate, to appear before the said Court, and at the same time order him or her to produce any books, accounts, vouchers or any other documents in his or her custody which may appear to the said Court necessary to establish or verify any fact affecting the estate.

The said Court or its Commissioner may examine every such person upon oath, and shall cause his or her examination to be reduced to writing, and signed by him or her, and annexed to the documents relating to the estate.

NOTES.

The Court will not grant an order in general terms for the examination of persons before a Commissioner appointed under the Insolvency Law. The persons to be examined must be indicated (In re Basson, B. 1874, p. 145).

164. If any such person shall, upon being lawfully summoned, fail to appear at the time and place appointed in the summons, without having proved to the satisfaction of the Court or Commissioner before whom such person is summoned that he was prevented from so doing by some lawful cause, it shall be lawful for such Court or such Commissioner under his hand to grant a warrant, authorising any officer of the law or other person to apprehend the person so summoned, and to bring the said person before such Court or such Commissioner, or to commit the said person to any prison, therein to be detained until the time which such Court or Commissioner shall on the application of the trustee appoint anew for his or her examination.

In such latter case the gaoler of any prison shall be bound to produce such person before such Court or Commissioner.

165. If any such person so summoned or brought before the 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 upon which he is being examined, or shall refuse to sign his or her examination so reduced into writing as aforesaid, not having any lawful ground of excuse, or shall not, being thereunto required, produce all books, accounts, vouchers, and other documents, to the production of which there shall be no legal objection, it shall be lawful for the Court or the Commissioner by warrant, stating the questions he may have refused to answer, to commit such person to such prison as they shall think fit, there to remain without bail until such person shall withdraw his said refusal.

166. The trustee shall supply the insolvent and every other person summoned to appear before the High Court or the Circuit Court or a Commissioner, to be examined as above, with pecuniary compensation in like manner as by law required upon service of a subpoena to a witness in any civil suit.

Such compensation shall also be allowed to every insolvent for his attendance at any meeting of creditors, other than the first, second and third meetings, or any adjournment of any such meetings, at which he has been required to be present by the presiding officer.

167. Every insolvent or other person, who on being examined as above shall wilfully make any false answer to any lawful question put by such Court, Commissioner or presiding officer, or any creditor, shall be deemed to have committed the crime of perjury.

168. It shall be lawful for the insolvent or any person committed to prison as aforesaid under the provisions of Articles 160, 161, 164, 165 of this Law to make application to the High Court or any Circuit Court to be discharged from custody. It shall be lawful for the Court to order his discharge either on the ground of any illegality or informality in the form of the warrant, or if it shall appear on examination that the said insolvent or other person had a lawful reason for refusing to answer.

169. In case any suit or action shall be instituted against the Commissioner or presiding officer by reason of any commitment to prison of the insolvent or other person, the said Commissioner or said presiding officer shall possess in reference to such action and the proceedings therein the same rights and obligations as are by law allowed to and imposed on Justices of the Peace for anything done by them in the execution of their office.

In case the action shall be instituted by reason of a commitment to prison for refusing to answer questions, the Court shall take into consideration the whole examination of which such question formed a part.

170. At any time after the plan for distribution of any insolvent estate has been confirmed, or after the distribution of the estate has been directed to be made under the provisions of the 46th Article, and before the insolvent shall have obtained his rehabilitation, it shall be lawful for the Master of the High Court,

the trustee, or any creditor, to apply to the High Court or any Circuit Court for the process of the said Court for the civil imprisonment of the said insolvent; provided the insolvent shall first have been duly summoned to appear before such Court.

Upon proof to the satisfaction of the said Court that the said estate is not sufficient to discharge the debts proved or provable against the said estate aforesaid, it shall be lawful for the Court to grant such civil imprisonment absolutely or conditionally, or reject the same. If the application for civil imprisonment has been made by one or more creditors, and the said Court shall suspend the same upon the condition of the insolvent paying any sum of money, such payment shall be made to the trustee, and if there be no trustee in office, then to the Master of the High Court, for the benefit of the said creditor or creditors, or of such other creditors as shall before distribution claim to be admitted to a share thereof.

NOTES.

This section of the Law is not intended to apply to cases of moral misconduct on the part of an insolvent, but is only applicable where there are assets within his possession or means of attainment, as a means of enforcing payment to creditors (In re Kerner, 1 S. 105).

A decree of civil imprisonment was granted against an officer on half-pay, who had surrendered his estate after the plaintiff had obtained judgment against him for damages for libel of a most malicious nature, which defendant had entirely failed to justify, the defendant being in receipt of half-pay at the rate of £91 5s. per annum. The Court, in decreeing civil imprisonment, took into consideration the circumstances of the original libel (Blake vs. Barrow, 3 M. 152).

171. At any time after the plan for distribution of any insolvent estate has been confirmed, or after the distribution of the said estate has been directed under the provisions of Art. 47 of this Law, and before the insolvent shall have obtained his rehabilitation, it shall be lawful for such insolvent to apply by motion to the High Court or to any Circuit Court for an order declaring that he shall not be liable to process of civil imprisonment as above set forth.

At least six weeks' notice of the day on which such motion is to be made shall be given by advertisement in the Staatscourant.

172. Upon the making of such motion any creditor of the insolvent estate, whose claim has not been fully satisfied and paid, may object to the said order.

The Court may either grant the application conditionally or unconditionally, or reject the same.

Every such order granting such application shall have the same effect of protecting the prisoner against any decree of civil imprisonment as his rehabilitation would have had. Every creditor, however, shall retain his right to prosecute his claim in accordance with the provisions of this Law against all present and. future assets of the estate.

was

If it be proved that any such order as aforesaid fraudulently or unduly obtained, it shall be lawful for such Court to recall the same.

173. It shall be lawful for the High Court from time to time, as often as it shall think fit, to make such rules, orders and regulations for carrying this Law into effect, and also touching the manner and form of proceeding, as it shall consider advisable.

174. In all cases in which, in accordance with the provisions of this Law, the co-operation or decision of the High Court shall be deemed to be necessary, such co-operation or decision may be given by a Judge in Chambers. From every such decision given by any Judge in Chambers as hereinabove set forth, there shall be an appeal to the full High Court.

175. The Master of the High Court shall, at the cost of the State, publish every three months in the Staatscourant :

(a) An alphabetical list, giving the name and place of
residence of every unrehabilitated insolvent, the
account and plan of distribution of whose estate has
not yet been confirmed; also the date at which the
order for the sequestration of the estate was granted.
(b) An alphabetical list, giving the name and place of
residence of every unrehabilitated insolvent, the
account and plan of distribution of whose estate shall
have been confirmed, together with the date of such
confirmation.

176. The Master of the High Court shall enter of record and have the custody of all documents relating to every registered

estate.

The insolvent or any creditor who has proved his debt shall at all reasonable times have inspection of the documents, and be permitted to take extracts or copies therefrom. Extracts of such proceedings signed by the Master shall be received as evidence in all Courts of Justice within this Republic.

177. The Landdrosts in their respective districts, the Special Landdrosts in the public diggings, and the Resident Justices of the Peace, shall give their aid in the administration of this Law, and to that end shall do whatever may be required of them by any rule or order of the High Court granted or made under the provisions of this Law.

178. The High Sheriff and his Deputy Sheriffs, as also the Messengers of the Landdrosts' Courts, being thereunto required by the Master of the High Court, shall perform all such duties as may be required of them within their respective districts under the provisions of this Law.

And they shall receive such remuneration for their services out of the assets of the insolvent estate as shall be fixed by the High Court.

179. This Law shall apply to every estate which was placed under sequestration before the coming into operation thereof, in so far as it shall be possible to apply the provisions hereof having regard to the condition of the estate at the time of such coming into operation as aforesaid.

The rights of any person to any property lawfully attached by reason of any action which such person may have instituted at the time of the coming into operation of this Law, and all suits or actions-at-law pending in the Courts at such time as aforesaid, shail be adjudicated upon and determined in accordance with the provisions of Law No. 21 of 1880.

The crimes made punishable by Law No. 21 of 1880, and committed before the coming into operation of this Law, shall be prosecuted and punished in accordance with the provisions of the said Law 21 of 1880.

180. The word "estate" in this Law shall, within the meaning of this Law, comprise all present and future property, whether movable or immovable, personal or real, and all rights of whatsoever description to such property, wherever they may be found to exist, belonging to or due to the insolvent at the time of the granting of the order of sequestration, or which shall subsequently at any time before rehabilitation be acquired by or become due to such insolvent. (Save and except such as are under §§ 28 and 32 referred to.)

181. All enactments inconsistent with the provisions of this Law are hereby repealed.

182. This Law shall come into operation on January 1st, 1896.