Insolvency Act.pdf - Intax Info

(2) There shall be added thereto and paid in the like order of preference such taxed
costs of any application to the court as it may order.
PART X
Search Warrants and Examinations (ss 130-136)
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.
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