Section 75 Sheriffs and Civil Process Act

Section 75 of the Sheriffs and Civil Process Act 1945 is about Procedure on application for discharge. It provides as follows:

(1) On such application being made the court shall cause the judgment creditor to be furnished with a copy of the statement and account of the judgment debtor’s property and shall fix a reasonable time within which the judgment creditor may cause the whole or any part of such property to be attached and sold and thereafter shall fix a time for examining and hearing the parties.
[First Schedule.]

(2) If the court is satisfied upon such inquiry, wherein the onus of proof shall be upon the party applying for discharge, that the judgment debtor has made a full surrender and disclosure of his property, and that he is unable because of unavoidable misfortune to satisfy the judgment, and, where he has been imprisoned under section 65 of this Act, that he has not been guilty of any misconduct enumerated in section 66 of this Act, and that he ought to be discharged, the court may make an order for the liberation of the judgment
debtor:

Provided that if it shall subsequently be shown to the satisfaction of the court that
the debtor has not made a full disclosure the debtor shall upon the order of the court be recommitted to prison-
(a) where he has previously been imprisoned under section 65 of this Act, for such time not exceeding six weeks as may be specified by the court; and

(b) where he has previously been committed on account of any misconduct enumerated in section 66 of this Act, for such time as may be specified by the court not exceeding the maximum period for which he might have been committed in the first instance.

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