9° VICTORIE.- No. 3 OF 1846.
13
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 Debt.
XIII. And be it enacted and ordained, That all Powers vested Assignees may exe-
in any such Prisoner whose Estate shall, by an Order under this cute Powers which the
Insolvent might have
Ordinance, have been vested in the Provisional Assignee, which such executed for his own
Benefit.
Prisoner might legally execute for his own Benefit, shall be and are
hereby vested in the Assignee or Assignees of the Real and Personal
Estate of such Prisoner by virtue of this Ordinance, to be by such
Assignee or Assignees executed for the Benefit of all and every the
Creditors of such Prisoner under this Ordinance, in such Manner as
such Prisoner might have executed the same.
XIV. And be it enacted and ordained , That in all cases in which Where Lease accept-
ed by Assignees, the
any such Prisoner shall be entitled to any Lease or Agreement for a Insolvent not liable for
Lease, and his Assignee or Assignees shall accept the same, and the the Rent.
Benefit thereof, as Part of such Prisoner's Estate and Effects, the
said Prisoner shall be or not be deemed to be liable to pay any
subsequent Rent to which his Discharge, adjudicated according to
this Ordinance, may not apply, nor be in any Manner sued after
such Acceptance in respect or by reason of any subsequent Non-
observance or Non-performance of the Conditions, Covenants, or
Agreements therein contained : Provided that in all such Cases as Assignees not deter-
mining whether to ac-
aforesaid it shall be lawful for the Lessor, or Person agreeing to cept the Lease, the
make such Lease, his Heirs, Executors, Administrators, or Assigns, the
Lessor may apply to
if the said Assignee or Assignees shall decline, upon his or their
being required so to do , to determine whether he or they will or will
not accept such Lease or Agreement for a Lease, to apply to the said
Court, praying that he or they may either so accept the same, or
deliver up such Lease or Agreement for a Lease, and the Possession
of the Premises demised or intended to be demised ; and the said
Court shall thereupon make such Order as in all the Circumstances
of the Case shall seem meet and just, and such Order shall be
binding on all Parties.
XV. And be it enacted and ordained, That it shall be lawful for . Assignees may sue
in their own Names ;
the Assignee or Assignees of any such Prisoner, and such Assignee
or Assignees is and are hereby empowered, to sue, from Time to
Time as there may be Occasion, in his or their own Name or Names,
for the recovery, obtaining, and enforcing of any Estate, Effects, or
Rights of such Prisoner, but in Trust for the Benefit of the Creditors
of such Prisoner, according to the Provisions of this Act, and to give
such Discharge and Discharges to any Person or Persons who shall
be respectively indebted to such Prisoner as may be requisite ; and for
mayDebts.
make Composition
to make Compositions with any Debtors or Accountants to such
Prisoner, where the same shall appear necessary, and to take such
reasonable Part of any such Debts as can, upon such Composition, be
gotten in full Discharge of such Debts and Accounts ; and to submit
to Arbitration any Difference or Dispute between such Assignee or
Assignees and any Person or Persons for or on account or by reason
of any Matter, Cause, or Thing relating to the Estate and Effects of
Proviso for Consent
such Prisoner : Provided nevertheless, that no such Composition, or Creditors
Submission to Arbitration, shall be made, nor any Suit in Equity be of intendto
positions com-
Arbritra-
D commenced, tions.