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Goods in possession of prisoner, whereof he was reputed owner, to be deemed his property.
Distress not to be available for more than one year's rent.
Voluntary preference fraudulent and void as against assignees.
[* Ordinance.]
Provisions of 8 G. 4. c. 89, extended to the assignees of insolvents.
ORDINANCE No. 3 of 1846.
Insolvent Debtors.
Majesty's Pay-Master General, or of the Secretary of the said Court of Directors, or of any other officer or person appointed to pay, or repaying, any such pay, half pay, salary, emoluments, or pension, or such portion of the said pay, half pay, salary, emoluments, or pension, as shall be specified in such order and consent shall be paid to the said assignee or assignees, until the said Court shall make order to the contrary.
19. And be it enacted and ordained, that if any such prisoner shall, at the time of his arrest, or other commencement of his imprisonment, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof such prisoner was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the same shall be deemed to be the property of such prisoner, so as to become vested in the provisional assignee of the said Court by the order made in pursuance of this Ordinance.
20. And be it enacted and ordained, that no distress or distresses for rent made and levied after the arrest or other commencement of the imprisonment of any person whose estate shall, by any such order as aforesaid, have been vested in the provisional assignee, upon the goods or effects of any such person, shall be available for more than one year's rent accrued prior to the making of such order, but that the landlord or party to whom the rent shall be due shall and may be a creditor for the overplus of the rent due, and for which the distress shall not be available, and entitled to all the provisions made for creditors by this Ordinance.
21. And be it enacted and ordained, that if any such prisoner shall, before or after his or her imprisonment, being in insolvent circumstances, voluntarily convey, assign, transfer, charge, deliver, or make over any estate, real or personal, security for money, bond, bill, note, money, property, goods, or effects whatsoever, to any creditor or creditors, or to any person or persons in trust for, or to or for the use, benefit, or advantage of any creditor or creditors, every such conveyance, assignment, transfer, charge, delivery, and making over shall be deemed and is hereby declared to be fraudulent and void as against the provisional or other assignee or assignees of such prisoner appointed under this Ordinance: Provided always, that no such conveyance, assignment, transfer, charge, delivery, or making over shall be so deemed fraudulent and void unless made within three months before the commencement of such imprisonment, or with the view or intention, by the party so conveying, assigning, transferring, charging, delivering, or making over, of petitioning the said Court for his discharge from custody under this Act.
22. And whereas an Act passed the Imperial Parliament in the third year of the reign of His late Majesty King George the Fourth, intituled An Act for preventing Frauds upon Creditors by secret Warrants of Attorney to confess Judgment; And whereas it is expedient to extend the provisions of such Act; be it therefore enacted and ordained, that the last mentioned Act shall extend to the provisional or other assignee or assignees of every prisoner whose estate shall, after the expiration of twenty-one days next after his execution of such warrant of attorney, or giving of such cognovit actionem