Execution Act 1844

XXVIII If Final Order refused, or adjourned sine Die, the Court, after the Lapse of such Time as it thinks just, having regard to the Insolvency and the Conduct of the Insolvent, may make an Order to protect him from further Imprisonment in respect of the Debts, &c. mentioned in his Schedule.

And be it enacted, That if for any of the Causes in that Behalf aforesaid no Day be named for making the Final Order, or if the Consideration of such Final Order be adjourned sine Die, or such Final Order be refused, the Commissioner shall have the Power, after the Expiration of such Time subsequent to the filing of the Petition as, having regard to all the Circumstances of the Insolvency, and the Conduct of the Petitioner as an Insolvent Debtor before and after his" Insolvency, the Commissioner shall think just, and after hearing the Petitioner or any of his Creditors, or his or their Counsel or Attornies, to make an Order to protect the Petitioner from being taken or detained under any Process whatever for or in respect of the several Debts and Sums of Money due or claimed to be due at the Time of filing, his Petition, from the said Petitioner, to the several Persons named in his Schedule as Creditors or as claiming to be Creditors for the same respectively, or for which such Persons should have given Credit to the said Petitioner before the Time of filing his Petition, and which were not then payable, and as to the Claims of all other Persons not known to the said Petitioner at the Time of making such Order, who may be Endorsers or Holders of any negotiable Security set forth in his said Schedule: Provided always, that no Debtor shall be imprisoned on any Process for more than Twelve Calendar Months for any Debt contracted before filing his Petition, in case the Final Order shall be refused or shall not be made, or in case the Protecting Order shall not be renewed.