Concealed Property (s 130)

130.   Search warrants

            (1) If it appears from any statements made upon oath that there is reason to believe that property (including books and accounts) belonging to an insolvent or assigned estate is concealed upon any premises a magistrate may, upon the application of the legal representative of the estate, issue a warrant to search for and take possession of that property.

            (2) Any such warrant shall be executed in the like manner as a search warrant for property suspected of being stolen or concealed.

Examination of Insolvent and other Persons by Order of Court (ss 131-136)

131.   Examination of insolvent and other persons and production of books and documents

            (1) The court may, at any time, upon the application of the trustee or of the assignee or of any creditor who has proved his claim against the estate and has found security to the satisfaction of the Registrar for all costs to be incurred under this section, summon any insolvent or any person who has assigned his estate to appear before the court or a magistrate, as directed by the court, to be examined upon oath touching all such matters and things as are referred to in section 56, and may summon the wife of the debtor, or any person known or suspected to have been in possession of any property of the debtor or to be indebted to the debtor, or any person, other than his legal practitioner, who the court has reason to believe is capable of giving any material information concerning the person, property or affairs of the debtor, to appear before the court or that magistrate to be examined upon oath touching on the matters aforesaid and to produce such books or documents in his custody or under his control as the court or magistrate may order him to produce.

            (2) Any statement made in the course of such examination may thereafter be used as evidence against the person making the same.

            (3) Every such examination shall be reduced to writing and signed by the person examined and shall be transmitted to the Master to be annexed to the documents relating to the estate.

            (4) No person examined under this section shall be entitled at any such examination to refuse to answer any question upon the ground that the answer may tend to incriminate him.

132.   Expenses of person examined

            (1) The insolvent or any other person summoned to undergo examination as aforesaid shall be entitled to all such expenses out of the estate as a witness in civil proceedings is entitled to.

            (2) The insolvent shall also be entitled to expenses out of the estate for his attendance at any meeting after the second meeting of creditors.

133.   Apprehension of persons failing to appear to undergo examination

            (1) If any person, duly summoned to undergo examination or to produce books and documents as aforesaid, fails to appear at the time and place appointed in the summons, the court or magistrate may grant a warrant authorizing any officer of the law or other person to apprehend the person so summoned and bring him before the court or magistrate.

            (2) Unless the person so summoned satisfies the court or magistrate that he was prevented from complying with the summons by good cause, the court or magistrate may commit him to prison to be detained until such time as the court or magistrate may appoint anew for his examination or the production of books and documents.

            (3) The gaoler of the prison shall produce that person before the court or the magistrate at the time so appointed.

134.   Committal to prison of persons refusing to answer questions or produce documents, etc., and bankers' evidence

            (1) If any person, who has been summoned to appear as aforesaid, refuses when required to answer any lawful question or to sign his examination or to produce any such books or documents as aforesaid, the court or magistrate before whom the examination is held may issue a warrant for the committal of that person to prison, and, subject to section 135, he shall remain there without bail until he has undertaken to do what is required.

            (2) Any such warrant shall state fully the grounds on which it was issued.

            (3) The books or documents referred to in sections 131, 133 and in this section shall include such books and documents in the possession of any banker as will show the name of every person in whose favour any cheque has within one year prior to the order of sequestration or date of assignment been drawn by a debtor upon his account with such banker.

135.   Appeal to court against such order of committal

            Any person so committed to prison may apply to the court for his discharge from custody, and the court may order his discharge on the ground either of any illegality or informality in the warrant, or that he had a lawful reason for his refusal, or on any other ground that it may think fit.

136.   Limited protection of magistrate for warrant illegally issued by him

            (1) If any proceedings are instituted against a magistrate by reason of any such committal, he shall have, in respect of those proceedings, the same protection as is by law allowed to judicial officers for anything done by them in the execution of their office.

            (2) The court in considering the refusal of the plaintiff to answer any question shall have regard to the whole examination of which that question formed part.