ORDINANCE No. 5 OF 1864. 613
Bankruptcy and Insolvency.
Certain war
107. Every warrant of attorney to confess judgment in any per rants of at
sonal action given by any bankrupt after the commencement of this torney cog
novits, and
Ordinance, and within two months next before the filing of a petition for consents to
Judge's order
adjudication by or against such bankrupt, and being wholly or in part given within
two months
for or in respect of an antecedent debt or money demand ; and every of filing peti
tion to be
cognovit actionem or consent to a Judge's order for judgment given by null and void .
any bankrupt at any time after the commencement of this Ordinance and
within two months next before the filing of any such petition , in any
action commenced by collusion with the bankrupt and not adversely , or
purporting to have been given in an action , but having been in fact given
before the commencement of such action against the bankrupt , such
bankrupt being unable to meet his engagements at the time of giving
such warrant of attorney, cognovit actionem , or consent ( as the case may
be ) shall be null and void , as against the assignees and creditors under
the bankruptcy of such debtor whether the same shall have been given
by such debtor in contemplation of bankruptcy or not.
108. And whereas an Act passed the Imperial Parliament in the Provisions of
3 Geo. 4 c. 39
third year of the reign of His late Majesty King George the Fourth extended to
assignees.
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 that Act ; be it 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 Provisional Assignee of the Court, by virtue of this Ordinance , as if
the last mentioned Act had been expressly herein enacted and ordained ;
and every such warrant of attorney , and judgment and execution thereon ,
and every such cognovit actionem and judgment entered up thereon 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 Official or other assignee or assignees of such debtor
appointed under this Ordinance ; and such Official or other assignee or
assignees shall be entitled to recover back, and receive for the use of the
creditors of such debtor, all and every monies levied and effects seized
under or by virtue of any such judgment or execution .
109. Every creditor of the bankrupt may after adjudication prove Proof in Court
or in Cham
his debt by deposition in Court or in Chambers or before any officer bers or before