18 COLONIAL ORDINANCES .
Creditor or Creditors to his , her, or their Share of such Dividend
under the Provisions of such Ordinance : Provided always, that if in
any Case it shall appear expedient that the Proof of any Debt or
Debts should be required to be made at any earlier or other Period
than as aforesaid, it shall be lawful at any Time for the said Court,
by Notice as may be directed in that Behalf, to cause all or any of
the Creditors to prove their Debts in such Manner as the said Court
or a Commissioner thereof shall require, and to decide upon such
Debts and the Rights to receive Dividends thereupon, and to do all
things requisite thereto as aforesaid.
If Prisoner, or Cre- XXV. And be it further enacted and ordained, That in Case
ditor, or Court
fied with dissatis- such Prisoner, or any of his or her Creditors, or the said Court, shall
Assignee's
Account, the Court at any Time be dissatisfied with the Account of any such Assignee
may direct Inquiry.
or Assignees, so rendered upon Oath as aforesaid, and it shall appear
to the said Court that the Matters of such Account require a fuller
or further Examination ; or in Case any such Assignee or Assignees
shall neglect to render such Account, or shall neglect to dispose of
the Property or collect the Effects of such Prisoner, or shall in any
Manner waste or mismanage the Estate or Effects of such Prisoner,
or neglect to make a due Distribution thereof,-it shall be lawful for
the said Court to require such Assignee or Assignees to render such
Account on Oath as is directed by this Ordinance, if not before
rendered, and for the said Court to examine or further examine any
Account so rendered, and to enquire into any Waste, Mismanagement,
or Neglect of the Estate and Effects of such Prisoner, and, if it shall
seem fit, to order that it shall be referred to an Officer of the said
Court, or to an Examiner duly appointed in pursuance of this
Ordinance to investigate the Accounts of such Assignee or Assignees
so rendered as aforesaid, together with all Matters brought forward
in Objection thereto, and to examine into the Truth thereof, and to
report thereon to the said Court : and it shall and may be lawful
for the said Court, or such Officer or Examiner, upon such Reference
as aforesaid, to require and compel the production of all Books,
Papers, and Writings necessary for such purposes, and to summon
all Parties and their Witnesses on Oath as the case may require ;
and the said Court shall and may take all such Measures as shall be
necessary for the compelling of the rendering of such Account and
for the due Investigation thereof, and shall have Power to disallow
any Charge or Charges in such Account which it shall appear to the
said Court ought not in fairness to be allowed, and to ascertain the
Produce of the Estate and Effects of any such Prisoner to be divided
among his or her Creditors, and to direct the Distribution thereof,
and to take all such Measures and make such Order as may be
necessary for compelling the proper Disposition and Distribution
thereof, and to award Costs against any of the Parties, as Justice
Court may Charge shall require ; and that it shall appear to the said Court upon any
Assignee Twenty Examination of the Matters of Account that any such Assignee or
per Centwith on Money
wilfully retained.
Assignees shall have wilfully retained in his or her Hands, or
otherwise employed for his or their own Benefit, any Sum or Sums
of Money, Part of or being the Produce of such Estate or Effects, the
said Court shall have Power and Authority to Order such Assignee
or Assignees to be charged, in his or their Accounts with the Estate
of such Prisoner, with such Sum or Sums of Money as shall be equal
to the Amount of Interest, computed at a Rate not exceeding Twenty
Pounds