16 COLONIAL ORDINANCES.
Provisions of 3 G. 4, XXII. " And whereas an Act passed the Imperial Parliament in
c. 39, extended
of to the " the Third Year of the Reign of His late Majesty King George the
Insol-
vents. 66
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 as therein mentioned, be vested in the Pro-
visional Assignee of the said Court by virtue of this Ordinance, as
if the last mentioned Act had been expressly herein enacted ; and
every such Warrant of Attorney, and Judgment and Execution
thereon, and every such Cognovit Actionem, and Judgment entered
up thereon, and Execution taken out on such Judgment, as are
declared by the last mentioned Act to be fraudulent and void
against the Assignees mentioned therein , shall be deemed equally
fraudulent and void against the Provisional or other Assignee or
Assignees of such Prisoner, appointed under this Ordinance ; and
such Provisional or other Assignee or Assignees shall be entitled
to recover back and receive, for the Use of the Creditors of such
Prisoner, all and every the Moneys levied and Effects seized under
or by virtue of any such Judgment or Execution .
Warrant ofAttorney XXIII. And be it further enacted and ordained, That in all
and Cognovit Actionem
not to be acted upon Cases where any Prisoner whose Estate shall have been vested in
against after
solvent Goodshis In- the said Provisional Assignee under this Ordinance shall have exe-
of Im-
prisonment. cuted any Warrant of Attorney to confess Judgment, or shall have
given any Cognovit Actionem or Bill of Sale, whether for a valuable
Consideration or otherwise, no Person shall, after the Commencement
of the Imprisonment of such Prisoner, avail himself or herself of any
Execution issued or to be issued upon any Judgment obtained or to
be obtained upon such Warrant of Attorney or Cognovit Actionem,
or of such Bill of Sale, either by Seizure and Sale of the Property of
such Prisoner, or any Part thereof, or by Sale of such Property
theretofore seized, or any Part thereof ; but that any Person or
Persons to whom any Sum or Sums of Money shall be due in
respect of any such Warrant of Attorney or Cognovit Actionem, or
of such Bill of Sale, shall and may be a Creditor or Creditors for the
same under this Ordinance.
Assignees to file Ac- XXIV. And be it further enacted and ordained, That the said
counts.
Provisional Assignee shall keep Account from Day to Day, the same
to be of Record in the said Court, of all Moneys received and paid,
and of everything done by him and under him in the Matter of
every Estate of any such Prisoner vested in him, and shall make
Oath of the Truth of every such Account as often as he shall be
duly required so to do ; and that every other Assignee of any such
Estate at the End of Three Months at the farthest from the Time of
his Appointment, or sooner if the said Court shall direct, and so
from Time to Time as Occasion shall require or the said Court shall
direct, shall make up an Account of such Estate, and make Oath
in Writing before any Person before whom Affidavits are by this
Ordinance directed to be sworn, that such Account contains a fair,
just, and particular Account of the Estate and Effects of such Prisoner,
got