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.