9º VICTORIE.-No. 3 of 1846. 19
Pounds per Centum per Annum on all Sums of Money appearing to
the said Court to be so retained or employed by him or them for
the Time or Times during which he or they shall have so retained
or employed the same ; and the said Court shall, in pursuance of
such Order, charge such Assignee or Assignees in their Accounts
with such Sum or Sums of Money accordingly ; and the Decisions of
the said Court upon all such Matters shall be final and conclusive.
XXVI. And be it further enacted and ordained, That in all Assignees to pay un-
claimed Dividends into
Cases where any Dividend or Dividends have remained in the Hands Court.
of any Assignee or Assignees for the space of Twelve Months next
following the declaring thereof, such Dividend or Dividends shall be
paid by such Assignee or Assignees into the said Court to be placed
to the Credit of the proper Party or Parties in that Behalf under
such Estate : Provided always, that it shall be lawful for the said
Court at any Time, although such Twelve Months may not have
expired, if it shall seem fit, to direct that all unpaid and unclaimed
Dividends, together with the Balance remaining in the Hands of
any Assignee or Assignees, shall be paid forthwith into the said
Court to the Credit of the said Estate, or of the particular Creditors
thereof, as the case may be.
XXVII. And be it further enacted and ordained, That in case Court may remove
Assignees and appoint
any Assignee of the Estate and Effects of any such Prisoner so new Assignees.
appointed as aforesaid shall be unwilling to act, or in case of the
Death, Incapacity, Disability, Misconduct, or Absence from the Colony
of any such Assignee, or other cause of Unfitness appearing to the
said Court, it shall be lawful to and for any Creditor or Creditors of
such Prisoner to apply to the said Court to appoint a new Assignee
or Assignees with like Powers and Authorities as are given by this
Ordinance to the Assignee or Assignees hereinbefore mentioned ; and
that the said Court shall have Power to remove such Assignees, and
to appoint such new Assignee or Assignees, and to compel any
Assignee who shall be removed, and the Heirs, Executors, and
Administrators of any deceased Assignee, to account for and deliver
up to the said Court, or as the said Court shall order, all such
Estate and Effects, Books, Papers, Writings, Deeds, and other Evi-
dences relating thereto, as shall remain in his or their Hands, to be
applied for the Purposes of this Act ; and the Decision of the said
Court in the Matters aforesaid shall be final and conclusive ; and
from and immediately after such Appointment of a new Assignee or
Assignees, and by virtue of the Order of said Court in that behalf,
all the Estate, Effects, Rights, and Powers of such Prisoner vested
in any such former Assignee or Assignees shall become, and the
same are hereby vested in such new Assignee or Assignees without
any Assignment or Conveyance executed in that Behalf ; and every
such Removal or Appointment shall be entered of Record in the
said Court, and such Notice thereof shall be published as the said
What shall be evi-
Court shall at any Time direct : such Certified Copy thereof as is dence of Removal and
hereinbefore directed to be received as Proof of such Order and Appointment.
Appointment as aforesaid made in pursuance of this Ordinance.
XXVIII. And be it further enacted and ordained, That in case Court may commit
for to file Ac-
any Assignee or other Person shall disobey any Rule or Order of the counts and other Con-
said Conrt duly made by the said Court for enforcing the Purposes tempts.
and