9º VICTORIE.- No. 3 OF 1846. 9
or Creditors of such Insolvent as the said Court shall deem proper,
to direct such Insolvent to be Discharged out of Custody, on his
finding Two sufficient Sureties to enter 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 En-
dorsement 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 Gaolar 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.
V. And be it enacted and ordained, That no Prisoner whose Prisoner not to be
Estate shall, by an Order under this Ordinance, have been vested in discharged for want of
Plaintiff proceeding in
the said Provisional Assignee shall, after the making of such Order, his Action.
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 Supersedes, 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 .
VI. And be it enacted and ordained , That it shall be lawful for toProvisional Assignee
take Possession of
the Provisional Assignee of the said Court to take Possession himself, Estates, &c., vested in
or by means of a Messenger of the said Court, or other Person or him, and sell the same
if the Court directs ;
Persons appointed by him, of all the Real and Personal Estate and
с Effects