417
Assignees may ex- XIII. And be it enacted and ordained, That all Powers vested in any such Prisoner ecute Powers which the whose Estate shall by an Order under this Ordinance have been vested in the Provi- Insolvent might have sional Assignee which such Prisoner might legally execute for his own Benefit, shall be and are hereby vested in the Assignee or Assignees of the Real and Personal Estate of such Prisoner by virtue of this Ordinance, to be by such Assignee or Assignees exccuted for the Benefit of all and every the Creditors of such Prisoner under this Ordinance, in such manner as such Prisoner might have executed the same.
executed for his own Benefit.
Where Lease accept-
ed by Assignees, the Insolvent not liable for
the Rent.
XIV. And be it enacted and ordained, That in all cases in which any such Prisoner shall be entitled to any Lease or Agreement for a Lease, and his Assignee or Assignees shall accept the same, and the Benefit thereof, as part of such Prisoner's Estate and Effects, the said Prisoner shall be or not be deemed to be liable to pay any subsequent Rent to which his Discharge, adjudicated according to this Ordinance, may not apply, nor be in any manner sued after such Acceptance in respect or by reason of any subsequent Non-observance or Non-performance of the Conditions, Assignees not deter- Covenants, or Agreements therein contained; Provided that in all such cases as mining whether to ac- aforesaid it shall be lawful for the Lessor, or person agreeing to make such Lease, his cept the Lease, the Heirs, Executors, Administrators, or Assigns, if the said Assignee or Assignees shail Lesson may apply to decline, upon his or their being required so to do, to determine whether he or they will or will not accept such Lease or Agreement for a Lease, to apply to the said Court, praying that he or they may either so accept the same, or deliver up such Lease or Agreement for a Lease, and the Possession of the Premises demised or in- tended to be demised; and the said Court shall thereupon make such Order as in all the Circumstances of the Case shall seem meet and just, and such Order shall be bind- ing on all parties.
the Court.
Assignees may sue in their own Names;
for Debts.
XV. And be it enacted and ordained, That it shall be lawful for the Assignee or Assignees of any such Prisoner, and such Assignce or Assignees is and are hereby empowered, to suc, from time to time as there may be Occasion, in his or their own Name or Names, for the Recovery, obtaining, and enforcing of any Estate, Effects, or Rights of such Prisoner, but in trust for the Benefit of the Creditors of such Prisoner, according to the Provisions of this act, and to give such Dis- may make Composition charge and Discharges to any Person or Persons who shall be respectively indebted to such Prisoner as may be requisite; and to make Compositions with any Debtors or Accountants to such Prisoner, where the same shall appear necessary, and to take such reasonable Part of any such Debts as can upon such Composition be gotten in full Discharge of such Debts and Accounts; and to submit to Arbitration any Difference or Dispute between such Assignee or Assignees and any Person or Persons for or on account or by reason of any matter, cause, or thing relating to Proviso for Consent the Estate and Effects of such Prisoner: Provided nevertheless, that no such positions and Arbritra. Composition, or Submission to Arbitration, shall be made, nor any Suit in Equity be commenced, by any such Assignee or Assignees, without the Consent in Writing of the major Part in Value of the Creditors of such Prisoner then residing in the said Colony, who shall meet together pursuant to a Notice of such Meeting, to be published at least Fourteen Days before such Meeting in the two aforesaid Newspapers, nor without the Approbation of the said Court.
of Creditors to Com-
tions.
Creditors to vote ac-
XVI. And be it enacted and ordained, That all matters wherein Creditors shall cording to Balance due vote, or wherein the Assent or Dissent of Creditors shall be exercised in pursuance of to them on Account or in carrying into effect this Ordinance, every Creditor shall be accounted such in fairly stated.
respect of such Amount only as upon an Account fairly stated between the Parties, after allowing the Value of Mortgaged Property, and other such available Securities and Liens, shall appear to be Balance due; and that all Disputes arising in such Matters concerning any such Amount shall upon Application duly made in that Behalf be examined into by the said Court, who shall have Power to determine the same, and, if it seem fit, to refer the Examination thereof to an Officer of the said Court, or to an Examiner to be appointed for tha Pturpose by the said Court: Provided always, that the amount in respect of which any such Creditor shall vote in any such Matter shall not be conclusive of the Amount of his or her Debt for
in ulterior Purposes, any
pursuance of the Provisions of this Ordinance.
Suits not to be aba-
XVII. And be it enacted, That whenever any such Assignee or Assignees shall ted by Death or Remo- die or be removed, or a new Assignee or Assignees shall be appointed in pursuance of val of Assignees. the Provisions of this Ordinance, no Action at Law or Suit in Equity shall be thereby abated, but the Court in which any Action or Suit is depending may, upon the Suggest- ion of such Death or Removal and new Appointment, allow the Name or Names of the surviving or new Assignee or Assignees to be substituted in the Place of the former; and such Action or Suit shall be prosecuted in the Name or Names of the said surviving or new Assignce or Assignees, in the same Manner as if he or they had originally commenced the same.
Assignee's Power
XVIII. And be it enacted and ordained, That nothing in this Ordinance contain- not to extend to the ed shall extend to entitle the Assignee or Assignecs of the Estate and Effects of any Pay or Pension of Na- val, Military or Civil such Prisoner, being or having been an Officer of the Army or Navy, or an Officer or Clerk, or otherwise employed or engaged in the Service of Her Majesty in any Civi!
Officers.
Office,
Pension may be obtain-
Office, and being or having been in the Naval or Military Service of the East India Company, or an Officer or Clerk or otherwise employed or engaged in the Service of the Court of Directors of the said Company or being otherwise in the enjoyment of any Pension whatever under any Department of Her Majesty's Goverument or from the said Court of Directors, to the Pay, Half Pay, Salary, Emoluments, or Pension of any such Prisoner, for the Purposes of this Ordinance: Provided always, that it shall Portion of Pay or be lawful for the said Court to order such Portion of the Pay, Half Pay, Salary; ed on Application. Emoluments, or l'ension of any such Prisoner, as on Communication from the said Court the Secretary at War, or the Lords Commissioners of the Admiralty, or the Commissioners of the Customs or Excise, or the Chief Officer of the Department to which such Prisoner may belong or have belonged, or under which such Pay, Half Pay, Salary, Emoluments, or Pension may be enjoyed by such Prisoner, or the said Court of Directors, he or they may respectively under his or their Hands or under the Hand of his or their Chief Secretary, or other Chief Officer for the Time being consent to in Writing, to be paid to such Assignee or Assignees, in Order that the same may be applied in Payment of the Debts of such Prisoner and such Order and Consent being lodged in the Office of Her 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, qr 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, ntil the said Court shall make Order to the Contrary.
XIX. And be it enacted and ordained, That if any such Prisoner shall,
Goods in Possesion
to be deemed his Pro-
at the Time of his Arrest, or other Commencement of his Imprisonment, by of Prisoner, whereof the Consent and Permission of the true Owner thereof, have in his Possession, he was reputed Owner, Order or Disposition any Goods or Chattels whereof such Prisoner was reputed Owner, or whereof he had taken upon him the Sale, Alteration, or Disposition perty. 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 be
XX. And be it enacted and ordained, That no Distress or Distresses for Rent made and levied after the Arrest or other Commencement of the Imprisonment of any available for more than Person whose Estate shall, by any such Order as aforesaid, have been vested in the One Year's Rent. 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 Rent due, and for which the Distress shall not be available, and entitled to all the Provisions made for Creditors by this Ordinance.
en-ce fraudulent and
XXI. And be it enacted and ordained, That if any such Prisoner shall, before or Voluntary Prefer- after his or her Imprisonment, being in Insolvent Circumstances, voluntarily convey, void as against As- assign, transfer, charge, deliver, or make over any Estate, Real or Personal, Security, signees.
for Money, Bond, Bill, Note, Money, Property, Goods, or Effects whatsoever, to any Creditor or Creditors, 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, Assign- ment, Transfer, Charge, Delivery, and Making over shall be deemed and is hereby declared to be frandulent 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 Coni- mencement of such Imprisonment, or with the View, or Intention, by the Party so Conveying, Assigning, Transferring, Charging, Delivering, or Making over of Petition- ing the said Court for his Discharge from Custody under this Act.
Provisions of 3 G. 4,
XXII. And whereas an Act passed the imperial parliement in the Third year of the Reign of His late Majesty King George the Fourth, intituled An Act for preventing C. 39 extended to the Frauds upon Creditors by secret Warrants of Attorney to confess Judgment; And Assignees of Insolvents. whereas it is expedient to extend the Provisions of such Act; be it therefore 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 said Court by virtue of this Ordinance, as if the last mentioned Act had been expressly herein enacted; and every such Warrant of Attorney, and Judgment and Execution thereon, and every such Cognovit Actionem, and Judgment entered up the- rcon, and Execution taken out on such Judgment 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 Provisional or other Assignee or Assignees, of such Prisoner, appointed under this Ordinance, and such Provisional or other Assignee or Assignees, shall be entitled to recover back and receive, for the Use of the Creditors of such Prisoner, all and every the Moneys levied and Effects seized under or by virtue of any such Judgment or Execution.
XXIII.
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