Court may re-move assignees and appoint new assignees.
[* Ordinance.]
What shall be evidence of re-moval and ap pointment.
Court may com-mit for refusing to file accounts
and other con-tempts.
Court may di-rect conveyance by provisional assignee where no assignee is appointed.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
proper party or parties in that behalf under such estate: Provided always, that it shall be lawful for the said Court at any time, although such twelve months may not have expired, if it shall seem fit, to direct that all unpaid and unclaimed dividends, together with the balance remaining in the hands of any assignee or assignees, shall be paid forthwith into the said Court to the credit of the said estate, or of the particular creditors thereof, as the case may be.
27. And be it further enacted and ordained, that in case any assignee of the estate and effects of any such prisoner so appointed as aforesaid shall be unwilling to act, or in case of the death, incapacity, disability, misconduct, or absence from the Colony of any such assignee, or other cause of unfitness appearing to the said Court, it shall be lawful to and for any creditor or creditors of such prisoner to apply to the said Court to appoint a new assignee or assignees with like powers and authorities as are given by this Ordinance to the assignee or assignees hereinbefore mentioned; and that the said Court shall have power to remove such assignees, and to appoint such new assignee or assignees, and to compel any assignee who shall be removed, and the heirs, executors, and administrators of any deceased assignee, to account for and deliver up to the said Court, or as the said Court shall order, all such estate and effects, books, papers, writings, deeds, and other evidences relating thereto, as shall remain in his or their hands, to be applied for the purposes of this Act;* and the decision of the said Court in the matters aforesaid shall be final and conclusive; and from and immediately after such appointment of a new assignee or assignees, and by virtue of the order of said Court in that behalf, all the estate, effects, rights, and powers of such prisoner vested in any such former assignee or assignees shall become, and the same are hereby vested in such new assignee or assignees without any assignment or conveyance executed in that behalf; and every such removal or appointment shall be entered of record in the said Court, and such notice thereof shall be published as the said Court shall at any time direct: such certified copy thereof as is hereinbefore directed to be received as proof of such order and appointment as aforesaid made in pursuance of this Ordinance.
28. And be it further enacted and ordained, that in case any assignee or other person shall disobey any rule or order of the said Court duly made by the said Court for enforcing the purposes and provisions of this Ordinance, or made and entered into by the consent of such assignee or other person for carrying into effect the purposes and provisions of this Ordinance, it shall and may be lawful for the said Court to order the person so offending to be arrested and committed, as for a contempt of the said Court, to the prison or common gaol, there to remain without bail or mainprize until such person shall have fulfilled the duty required by the said recited acts of this Ordinance, or until the said Court shall make order to the contrary.
29. And whereas it may often happen that some interest in lands and tenements has or may become vested in the provisional assignee of the said Court for the relief of insolvent debtors which appears to be of no value to creditors, but nevertheless it may be reasonable and expedient that the provisional assignee should make or join in
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