Div 12Warrants, Arrests and Commitments.

Division 12.—Warrants, Arrests and Commitments. Attachment of property on sequestration. 92.—(1.) The Official Receiver or trustee or any person authorized by warrant under the hand of the Official Receiver may seize and lay an attachment in accordance with Form 151a on the bankrupt estate, and make an inventory thereof. Section 209 (c). (2.) The person making such attachment shall leave with the person in whose possession any such property is attached a notice of the attachment and a copy of the said inventory in accordance with Form 151b having subjoined thereto a notice that the property of the bankrupt has been attached, and that any person who, knowing the same to have been so attached, disposes of, receives, removes, retains, conceals, or embezzles the same or any part thereof with intent to defeat the said attachment shall be liable to be imprisoned for a term of not more than three years. To whom warrants addressed. 93. A warrant of seizure, or a search warrant, or any other warrant issued under the provisions of the Act, may be addressed to any constable or to such officer of any Court as the Court in each case directs. Custody and production of debtor. 94. Where a debtor is arrested under a warrant issued under section 77 of the Act, he shall be given into the custody of the governor or keeper of the prison, mentioned in the warrant, who shall produce the debtor before the Court as it from time to time directs, and shall safely keep him until such time as the Court otherwise orders; and any books, papers, moneys, goods and chattels in the possession of the debtor, which are seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be. Execution of warrant. 95.—(1.) When a person is apprehended under a warrant issued under sub-section (2.) of section 80 of the Act, the officer apprehending him shall forthwith bring him before the Court or magistrate issuing the warrant to the end that he may be examined, and if he cannot immediately be brought up for examination or examined, the officer shall deliver him into the custody of the governor or keeper of the prison mentioned in the warrant, and the governor or keeper shall receive him into custody and shall produce him before the Court or the magistrate as it or he from time to time directs or orders, and subject to any such direction or order shall safely keep him. (2.) The officer executing a warrant issued under sub-section (2.) of section 80 of the Act shall forthwith, after apprehending the person named in the warrant and bringing him before the Court or the magistrate as mentioned in the last preceding sub-rule, or after delivering him to the governor or keeper of the prison mentioned in that sub-rule, as the case may be, report the apprehension or delivery to the Court or magistrate issuing the warrant, and apply to the Court or magistrate to appoint a day and time for the examination of the person so apprehended, and the Court or magistrate shall thereupon appoint the earliest practicable day for the examination, and shall issue its or his direction or order to the governor or keeper to produce him for examination at a place and time to be mentioned in the direction or order. (3.) Notice of any appointment mentioned in the last preceding sub-rule shall forthwith be given by the Registrar to the official receiver, trustee or other person who has applied for the examination or warrant. Applications to commit. 96\. An application to the Court to commit any person for contempt of Court shall be supported by affidavit, and be filed in the Court in which the proceedings are taken. Notice and hearing of application. 97. Subject to the provisions of the Act and these Rules, upon the filing of an application to commit, the Registrar shall fix a time and place for the Court to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than three days before the day fixed for the hearing of the application: Provided that in any case in which the Court thinks fit, the Court may allow substituted service of the notice by advertisement or otherwise, or shorten or extend the length of notice to be given. Suspension of issue of committal order. 98. Where an order of committal is made against a debtor, or against a trustee, for disobeying any order of the Court, or of the Official Receiver, to do some particular act or thing, the Court may direct that the order of committal shall not be issued, provided that the debtor or trustee, as the case may be, complies with the previous order within a specified time. Committal of contumacious debtor or witness. 99.—(1.) If a debtor or witness examined before a Registrar refuses to answer to the satisfaction of the Registrar any question which he may allow to be put, the Registrar shall report the refusal in a summary way to the Judge, and, upon the report being made, the debtor or witness in default shall be in the same position and be dealt with in the same manner as if he had made default in answering before a Judge. (2.) The report of the Registrar shall be in writing, but without affidavit, and shall set forth the question put, and the answer (if any) given by the debtor or witness, and may refer to the evidence given. (3.) The Registrar shall, before the conclusion of the examination at which the default in answering is made, name the time when and the place where the default will be reported to the Judge; and, upon receiving the report, the Judge may take such action thereon as he thinks fit. (4.) If the Judge is sitting at the time when the default in answering is made, the default may be reported immediately. (5.) The report of the Registrar may be in accordance with Form 63.