ORDINANCE No. 3 OF 1846 . 177
Insolvent Debtors.
in the said provisional assignee : Provided always, that in case the petition of any such
prisoner shall be dismissed by the said Court, such vesting order made in pursuance
of such petition shall from and after such dismission be null and void to all intents
and purposes : Provided also, that in case any such vesting order as aforesaid shall
become null and void by the dismission of the prisoner's petition, all the acts
theretofore done by the said provisional assignee, or any person or persons acting under
his authority, according to the provisions of this Ordinance, shall be good and valid ;
and no action or suit shall be commenced against such provisional assignee, nor against
any person duly acting under his authority, except to recover any property, estate,
money, or effects of such prisoner , detained after an order made by the said Court for
the delivery thereof, and demand made thereupon : Provided also, that when such
vesting order shall have been made on the petition of a creditor as aforesaid, it shall be
lawful for the said Court, if it shall seem just and right, but not without proof made
to the satisfaction of the said Court of the consent of the petitioning creditor, to make
order declaring such vesting order to be null and void , and the same shall thereupon
be null and void to all intents and purposes : Provided always, and it is hereby declared,
that before or after the making of such vesting order it shall and may be lawful for the
said Court, if it shall seem fit or expedient, to order any necessary conveyance by the
said insolvent of the whole or part of his real or personal estate, or effects or assets
whatsoever, which may be situated abroad or out of the said Colony.
4. And be it enacted and ordained , that no prisoner shall upon his own petition Prisoners within
the walls only
be entitled to the benefit of this Ordinance who shall not be at the time of filing his to petition ;
petition, and during all the proceedings thereon, in actual custody within the walls of
the prison, without any intermission of such imprisonment by leave of the Court or
otherwise : Provided always, that if, after any such prisoner shall have obtained an Except in cer
tain cases.
order to be brought up in order to be dealt with according to the provisions of this
Ordinance, it shall appear to the satisfaction of the said Court, by the oath or affidavit
of a physician, surgeon, or apothecary, and such other evidence as the said Court may
require, that such prisoner cannot continue to reside within the walls of any such
prison without serious injury to the health of such prisoner, or that for the sake of the
health of the prisoners in general, it is necessary that the number thereof within the
walls of any such prison should be reduced, it shall be lawful for the said Court to
dispense with such actual custody of any such prisoner within the walls as is
hereinbefore mentioned ; Provided that if any such prisoner, having obtained such
dispensation, shall go beyond the rules and liberties in which he shall in pursuance
thereof be confined, such prisoner shall thereby be deprived of all benefit of this
Ordinance : Provided also, that after any order shall have been made under this Power to Court
to direct priso
Ordinance directing any insolvent to be brought up in order to be dealt with according ner to be dis
charged on his
finding sureties
to the provisions of this Ordinance, it shall be lawful for the said Court, if such to attend at the
time and place
Court shall think fit so to do, and on such notice to the detaining creditor of hearing.
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