184 ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
Majesty's Pay-Master General, or of the Secretary of the said Court of Directors, or
of any other officer or person appointed to pay, or paying, any such pay, half pay,
salary, emoluments, or pension , or such portion of the said pay, half pay, salary,
emoluments, or pension , as shall be specified in such order and consent shall be paid
to the said assignee or assignees , until the said Court shall make order to the contrary.
Goods in pos 19. And be it enacted and ordained , that if any such prisoner shall, at the time
session of priso
ner, whereof he
was reputed of his arrest, or other commencement of his imprisonment, by the consent and permis
owner, to be
deemed his pro sion of the true owner thereof, have in bis possession , order, or disposition , any goods
perty.
or chattels whereof such prisoner was reputed owner, or whereof he had taken upon
him the sale, alteration , or disposition as owner, the same shall be deemed to be the
property of such prisoner, so as to become vested in the provisional assignee of the
said Court by the order made in pursuance of this Ordinance.
Distress not to 20. And be it enacted and ordained , that no distress or distresses for rent made
be available for
more than one and levied after the arrest or other commencement of the imprisonment of any person
year's rent.
whose estate shall, by any such order as aforesaid, have been vested in the provisional
assignee, upon the goods or effects of any such person, shall be available for more than
one year's rent accrued prior to the making of such order, but that the landlord or
party to whom the rent shall be due shall and may be a creditor for the overplus of the
reut due, and for which the distress shall not be available, and entitled to all the pro
visions made for creditors by this Ordinance.
Voluntary pre
ference fraundu 21. And be it enacted and ordained , that if any such prisoner shall , before or after
lent and void as
against assig his or her imprisonment, being in insolvent circumstances, voluntarily convey, assign,
nees.
transfer, charge, deliver, or make over any estate, real or personal, security for money,
bond, bill, note, money, property, goods, or effects whatsoever, to any creditor or cre
ditors, or to any person or persons in trust for, or to or for the use, benefit, or advantage
of any creditor or creditors , every such conveyance, assignment, transfer, charge, deli
very, and making over shall be deemed and is hereby declared to be fraudulent and
void as against the provisional or other assignee or assignees of such prisoner appointed
under this Ordinance : Provided always, that no such conveyance, assignment, transfer,
charge, delivery, or making over shall be so deemed fraudulent and void unless made
within three months before the commencement of such imprisonment, or with the view
or intention, by the party so conveying, assiguing, transferring, charging , delivering,
or making over, of petitioning the said Court for his discharge from custody under this
[* Ordinance.] Act. *
Provisions of 3 22. And whereas an Act passed the Imperial Parliament in the third year of the
G. 4 c. 39, X.
tended to the
assignees of reign of His late Majesty King George the Fourth, intituled An Act for preventing
insolvents.
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 or
dained, 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