Cloace
416
&c.
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.
Provisional Assignee
VI. And be it enacted and ordained, That it shall be lawful for the Provisional to take possession of Assignee of the said Court to take Possession himself, or by means of a Messenger of Estates, &c, vested in the said Court, or other Person or Persons appointed by him, of all the Real and bim, and sell the same Personal Estate and Effects of every such Prisoner, vested in such Provisional Assignee if the Court directs;
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 Part thereof, and of the Real Estate of such Prisoner, according to the Provisions hereinafter made with regard to the Sale of such Real Estate, and out of the proceeds Paying the Expenses, of such Real and Personal Estate to defray, in the first place, all such Costs and Expenses of taking possession or ot' seizing and selling the same, as shall be allowed by the said Court, and to account for the Produce of such Sale or Disposition to the said To sue in his own Court; and it shall be lawful for the said Provisional Assignce to sue in his own Name, Name, &c.
if the said Court shall so order, for the recovering, obtaining, and enforcing of any Property vested in Estates, Debts, Effects, or Rights of any such Prisoner; and all and every the Real him to go to his Sue- and Personal Estate, Money, and Effects, vested in or possessed by such Provisional Assignee by virtue of such Order as aforesaid, shall not remain in him if he shaft resign or be removed from his Office, nor in his Heirs, Executors, or Administrators in case of his Death, but shall in every such case go to and be vested in his Successor in Office appointed by the said Court as aforesaid.
cessor in Oflice.
Court may order an
VII. And be it further enacted and ordained, That the said Court may order and allowance to Prisoner direct such Provisional Assignee as aforesaid, or such Assignee or Assignees as are during his confinement, hereinafter mentioned, to pay to any such Prisoner, out of his or her Estate and or for Expense of Sche- Effects, such Allowance for his or her Support and Maintenance during such Prisoner's Imprisonment, and previous to the Adjudication in the matter of his Petition, or for the Expense of making out and filing his Schedule, as to the said Court shall seem reasonable and fit.
dule,
When Prisoner is
to be valid.
VIII. Provided always, and be it enacted and ordained, That in case any Prisoner discharged out of Cus- as to whose Estate and Effects any such vesting Order as aforesaid shall have been tody, Acts of Assignees made shall by the Consent or Default of his detaining Creditor or Creditors be discharged out of Custody without any Adjudication being made in that Behalf by the said Court, all the Acts done before such Discharge by the said Provisional Assignee, or other Assignee or Assignees appointed as hereinafter provided, or other Person or Persons acting under his or their Authority, according to the Provisions of this Ordi- No Action to be nance, shall be good and valid; and that in such case, no Action or Suit shall be com- brought against them menced against such Provisional Assignee, or against any Assignee or Assignees where Assignment is appointed under this Ordinance, nor against any person duly acting under his or their Authority, except to recover any Property, Estate, Money, or Effects of such Prisoner, detained after an Order made by the said Court for the Delivery thereof, and Demand made thereupon.
avoided.
Power of Court to appoint Assignees.
IX. And be it enacted and ordained, That it shall be lawful for the said Court, to appoint any of its Officers, as a provisional Assignee or at any time after the making any such vesting Order as aforesaid as to the same Court shall seem expedient, to appoint a proper Person or Persons to be Assignee or Assignees of the Estate and Effects of such Prisoner, for the Purposes of this Ordinance; and when such Assignee or Assignees shall have signified to the said Court his or their Acceptance of the said Appointment, the Estate, Effects, Rights, and Powers of such Prisoner, vested in such Provisional Assignee as aforesaid, shall immediately, by virtue of such Appointment,' and without any Conveyance or Assignment, vest in the said Assignee or Assignees, in Trust for the Benefit of the Creditors of such Prisoner, in respect of or in proportion to their respective Debts, according to the provisions of this Ordinance; and every such Appointment shall after such Acceptance thereof be entered of Record of the said Court, and such Notice thereof shall be published as the said Court shall direct; and every Person so appointed Assignee shall be deemed to be an Officer of the said Court, and shall be liable as such to the controul thereof: Provided always, that it shall be lawful for the said Court to direct any Fee or Remuneration for the Performance of Duties in getting in and distributing the Estate of any Insolvent Debtor, whether by any Assignee, or by the Provisional Assignee, in case of such Distri- bution being effected without the Appointment of any other Assignee, which shall not exceed the rate of Five per Centuni on the Sum received as Produce of such Estate.
X. And be it enacted and ordained, That a copy of any Order under this Ordi- Order and Appoint-mance vesting the Ete and Effects of any Prisoner in the Provisional Assignee of ment to be Evidence. the Estate and Effects of Insolvent Debtors, or of the Appointment, under the Provision last hereefore contained, of an Assignee or Assignces of such Estate and Effects, such y purporting to have the Certificate of the Provisional Assignee of the saf rt, or his Deputy appointed for that purpose, endorsed there-
Certified Copy of
on,
7
on, and to be sealed with the Seal of the said Court, shall in all Courts and Places within the said Colony, and without further Proof, be recognized and received as sufficient Evidence of such Order and Appointment respectively having been made, and of the Title of the Provisional Assignee, and of such other Assignee or Assignees respectively, under the same: Provided always, that where, according to any Laws now in force, any Conveyance or Assignment of any Real or Personal Property of an Insolvent Debtor would be required to be registered, enrolled or recorded in, any Registry Office in the said Colony, then and in every such case said certified copy as hereinbefore is described of such Order under this Ordinance, vesting the Estate and Effects of any Prisoner in the Provisional Assignee of the said Court, and a like certified Copy of the Appointment of an Assignee or Assignees under this Ordinance (if any such Appointment shall have been made), shall be registered in the Registry Office, Court, or Place wherein such Conveyance or Assignment as last aforesaid would require to be registered, enrolled or recorded; andthe Registry hereby directed shall have the like Effect, to all Intents and Purposes, as the Registry, Enrolment, or Recording of such Conveyance or Assignment as last aforesaid would have had; and the Title of any Purchaser of any such Property as last aforesaid for valuable Consideration, without Notice of any such Order or Ap pointment as aforesaid, who shall have duly registered, enrolled, or recorded his Purchase Deed previously to the Registry hereby directed, shall not be invalidated by reason of such Order as aforesaid, or the Appointment of an Assignee or Assignees as aforesaid, or the vesting of such Property in him or them consequent thereupon respectively, unless a Certified Copy of such Orders and a Certified Copy of such Appointment, if any, shall be registered as aforesaid within the Time following; (that is to say,) within one Month after the Date of such Order and Appointment respectively.
Proviso for Registry.
Sa- CL XXIX
XI. And be it further enacted and ordained, That the Assignee or Assignees of the Sale of Estate and Estate and Effects of any such Prisoner shall, with all convenient Speed after his or their Effects to be made im- Appointment use his or their best Endeavours to receive and get in the Estate and Effects mediately. of such Prisoner, and shall with all convenient Speed make Sale of all such Estate and Effects; and if such Prisoner shall be interested in or entitled to any Real Estate, either in Possession, Reversion, or Expectancy, such Real Estate, within the space of Six Months after the Appointment of such Assignee or Assignecs, or within such other time as the said Court shall direct, shall be sold by public Auction, in such manner and at such Place or Places, as shall Thirty Days before any such Sale be Thirty Days before approved, in writing under their Hands, by the major part in Value of the Creditors of sale of Real Estate. such Prisoner entitled to the benefit thereof, who shall meet together on Notice of such meeting, published Fourteen Days previous thereto in the Colonial Paper used at the time in the Colony for Government Notifications, and also in some other Paper vertised. circulating therein.
Creditors to meet
Meeting to be ad-
Discretion in Court
cases.
certain
Tale of Propert
XII. And whereas Persons whose Estates may by an Order under this Ordinance have been vested in the said Provisional Assignee may be entitled to annuities for as to the Disposal of their own Lives, or other uncertain Interests, or to reversionary or contingent Interests, Property in or to Property under such circumstances that the immediate Sale thereof for pay- ment of their Debts may be very prejudicial to them, and deprive them of the means of Subsistence which they might otherwise have, after payment of their Debts; and it may be proper in some cases to authorize the raising of Money by way of Mortgage for 'payment of the Debts or Part of the Debts of such Person, instead of selling the Property of such Person for that purpose;' be it enacted, and ordained, That in all such Cases it shall be lawful for the said Court to take into consideration all Circumstances affect- ing the Property of any such Person; and if it shall appear to the said Court that it would be reasonable to make any special Order touching the same, it shall be lawful for the said Court so to do, and to direct that such Property as it may be expedient not to sell or not to sell immediately, according to the Provisions of this Ordinance, shall not be so sold, and from time to time to order and direct in what manner such Property shall be managed for the benefit of the Creditors of such Person, until the same can be properly sold, or until Payment of all such Creditors, according to the Provisions of this Ordi- nance, shall have been made, and to make such Orders touching the Sale or Dispo- sition of such Property as to the said Court shall seem reasonable, considering the Rights of the Creditors of such Person to Payment of their Demands, and the future Benefit of such Person after Payment of his Debts, and upon such Terms and Condi- tions with respect to the Allowance of Interest on Debts not bearing Interest, or other circumstances, as to the said Court shall seem just; and if it shall appear to the said Court that the Debts of such Person can be discharged by means of Money raised by mortgaged if more be- way of Mortgage on any Property of such Person, instead of raising the same by Sale, it shall be lawful for the said Court so to order, and to give all necessary Directions for such Purpose, and generally to direct all Things which may be proper for the Discharge of the Debt of such Person in such Manner as may be most consistent with the Interest of such Person in any Surplus of his or her Effects after Payment of such Debts.
XIII.
B
Property may be
neficial.
E