ORDINANCE No. 3 of 1846.
Insolvent Debtors.
16. And be it enacted and ordained, that all matters wherein creditors shall vote, or wherein the assent or dissent, of creditors shall be exercised in pursuance of or in carrying into effect this Ordinance, every creditor shall be accounted such in respect of such amount only as upon an account fairly stated between the parties, after allowing the value of mortgaged property, and other such available securities and liens, shall appear to be balance due; and that all disputes arising in such matters concerning any such amount shall, upon application duly made in that behalf, be examined into by the said Court, who shall have power to determine the same, and, if it seem fit, to refer the examination thereof to an officer of the said Court, or to an examiner to be appointed for that purpose by the said Court; Provided always, that the amount in respect of which any such creditor shall vote in any such matter shall not be conclusive of the amount of his or her debt for any ulterior purposes, in pursuance of the provisions of this Ordinance.
17. And be it enacted, that whenever any such assignee or assignees shall die or be removed, or a new assignee or assignees shall be appointed in pursuance of the provisions of this Ordinance, no action at law or suit in equity shall be thereby abated, but the Court in which any action or suit is depending may, upon the suggestion of such death or removal and new appointment, allow the name or names of the surviving or new assignee or assignees to be substituted in the place of the former; and such action or suit shall be prosecuted in the name or names of the said surviving or new assignee or assignees, in the same manner as if he or they had originally commenced the same.
18. And be it enacted and ordained, that nothing in this Ordinance contained shall extend to entitle the assignee or assignees of the estate and effects of any such prisoner, being or having been an officer of the army or navy, or an officer, or clerk, or otherwise employed or engaged in the service of Her Majesty in any civil office, and being or having been in the naval or military service of the East India Company, or an officer, or clerk, or otherwise employed or engaged in the service of the Court of Directors of the said Company, or being otherwise in the enjoyment of any pension whatever under any department of Her Majesty's Government or from the said Court of Directors, to the pay, half pay, salary, emoluments, or pension of any such prisoner, for the purposes of this Ordinance: Provided always, that it shall be lawful for the said Court to order such portion of the pay, half pay, salary, emoluments, or pension of any such prisoner, as on communication from the said Court to the Secretary at War, or the Lords Commissioners of the Admiralty, or the Commissioners of the Customs or Excise, or the chief officer of the department to which such prisoner may belong or have belonged, or under which such pay, half pay, salary, emoluments, or pension may be enjoyed by such prisoner, or the said Court of Directors, he or they may respectively, under his or their hands, or under the hand of his or their Chief Secretary, or other chief officer for the time being, consent to in writing, to be paid to such assignee or assignees, in order that the same may be applied in payment of the debts of such prisoner; and such order and consent being lodged in the office of Her
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Creditors to vote according to balance due to them on account fairly stated.
Suits not to be abated by death or removal of assignees.
Assignee's power not to extend to the pay or pension of naval, military, or civil officers.
Portion of pay or pension may be obtained on application.
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