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Prisoner not to be discharged for want of plaintiff proceeding in his action.
Provisional assignee to take possession of estates, &c., vested in him, and sell the same if the Court directs;
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
into a recognizance to the provisional assignee of the said Court in such sum as the said Court shall think fit, with a condition that such insolvent shall duly appear at the time and place fixed for the hearing of such insolvent, and on every adjourned hearing, and shall abide by the final judgment of the said Court, and on such other terms (if any) as the said Court shall think fit to impose, and to issue a warrant directed to the gaoler, ordering the discharge of such insolvent from custody accordingly; and that after such discharge such insolvent shall be free from arrest or imprisonment by any creditor whose debt shall be specified in the schedule filed by such insolvent as hereinafter mentioned, until the time appointed for the hearing of such insolvent, and for such further time (if any) as the said Court shall by endorsement on such order from time to time appoint: Provided always nevertheless, that in case any insolvent so discharged out of custody shall not duly appear at the time and place fixed for the hearing or any adjourned hearing of such insolvent (not being prevented by illness or other lawful impediment, to be allowed of by the said Court) the recognizance so entered into shall be forfeited, and the amount secured thereby shall be recoverable in a summary way, by a distress and sale of the goods and chattels of such sureties, as the said Court shall by their order direct; and the amount so recovered shall be applied for the benefit of the creditors of such insolvent in like manner as if the same were part of his estate and effects; and the said Court may also issue a warrant authorizing any person or persons to be therein named to apprehend and arrest such insolvent, and deliver him into the custody of the gaoler or keeper in whose custody such prisoner was at the time when he was so discharged as aforesaid; and such gaoler or keeper is hereby required to receive such prisoner again into his custody; and all detainers which were in force against him at the time of such discharge, or which shall have since been duly lodged against him, shall thereupon be deemed to be in force: Provided further, that any insolvent so discharged out of custody as aforesaid shall, on his appearing before the said Court, be deemed and considered for all the purposes of this Ordinance, in the custody in which he was at the time he was so discharged.
5. And be it enacted and ordained, that no prisoner whose estate shall, by an order under this Ordinance, have been vested in the said provisional assignee shall, after the making of such order, be discharged out of custody, as to any action, suit, or process for or concerning any debt, sum of money, damages, or claim with respect to which an adjudication can, under the provisions of this Ordinance, be made by or by virtue of any supersedeas, judgment of non-pros, or judgment as in the case of a non-suit, for want of the plaintiff or plaintiffs in such action, suit, or process proceeding therein.
6. And be it enacted and ordained, that it shall be lawful for the provisional assignee of the said Court to take possession himself, or by means of a messenger of the said Court, or other person or persons appointed by him, of all the real and personal estate and effects of every such prisoner, vested in such provisional assignee by virtue of any such order or conveyance as aforesaid; and if the said Court shall so order, to sell or otherwise dispose of such goods, chattels, and personal estate, or any
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