and
Warrant of Attorney XXIII. And be it further enacted and ordained, That in all Cases where any Cognovit Ac Prisoner whose Estate shall have been vested in the said Provisional Assignee under tionem not to be acted this Ordinance shall have executed any Warrant of Attorney, to confess Judgment, upon against Goods of Insolvent after his Im- or shall have given any Cognovit Actionem, or Bill of Sale, whether for a valuable prisonment.
Consideration or otherwise, no Person shall, after the Commencement of the Imprison- ment of such Prisoner, avail himself or herself of any Execution issued or to be issued upon any Judgment obtained or to be obtained upon such Warrant of Attorney or Cognovit Actionem, or of such Bill of Sale, either by Seizure and Sale of the Property of such Prisoner, or any Part thereof, or by Sale of such Property theretofore seized, or any Part thereof; but that any Person or Personsto whom any Sum or Sums of Money shall be due in respect of any such Warrant of Attorney or Cognovit Actionem, or of such Bill of Sale, shall and may be a Creditor or Creditors for the same under this Ordinance.
Assignees to file Ac
counts,
Intus,
if leftism
dited.
Debts to be ascertain ed and Dividend made.
XXIV. And be it further enacted and ordained, That the said Provisional Assignee shall keep Account from Day to Day, the same to be of Record in the said Court, of all Moneys received and paid, and of everything done by him and under him in the Matter of every Estate of any such Prisoner vested in him, and shall make Oath of the Truth of every such Account as often as he shall be duly required so to do; and that every other Assignee of any such Estate at the End of Three Months at the farthest from the Time of his Appointment, or sooner, if the said Court shall direct, and so from Time to Time, as Occasion shall require or the said Court shall direct, shall make up an Account of such Estate, and make Oath in Writing, before any Person before whoni Affidavits are by this Ordinance directed to be sworn, that such Account contains a fair, just, and particular Account of the Estate and Effects of such Prisoner, got in by or for such Assignee, and of all Payments necessarily made or deducted therefrom, and of all Expenses sought to be allowed in respect thereof, up to the Time of filing such Account, or to some ulterior Time if need be; which Account so sworn, together with a Minute concerning the probable Assets of the Estate (if any) shall be filed with the proper Officer of the said Court, and thereupon and at the time of so filing the same Appointments shall be made for the Examination of such Accounts, Accounts to be au- and for taxation of all Costs and Charges claimed by such Assignee; and examination shall be had of the Proceedings of the said Provisional Assignee, or of any other Assignce or Assignees as the case may be, and of all the Matters of his or their Account by the Court or a Commissioner thereof, or an Examiner duly appointed, before any such Assignee shall proceed to a Dividend; and if upon such Examination there shall appear to be in the hands of such Assignee or Assignees any Balance wherewith a Dividend may be made, Proceedings shall be had forthwith under the Direction of the said Court for making such Dividend, and also when it shall appear necessary for correcting and ascertaining the List of Creditors entitled to receive the same; and Notice of any Meeting ordered to be held for such ascertaining of Debts or for declaring Dividend thereupon, or for both Purposes, shall be given for such Time and Place and in such Manner as the said Court shall at any Time or in any Case How Dividend to be direct; and in Case such Dividend shall be made before Adjudication shall have been made with respect to such Prisoner as hereinafter provided, the same shall be made amongst the Creditors of such Prisoner, who shall prove their Debts in pursuance of any Order of the said Court to be made in that Behalf; and in case such Dividend shall be made after such Adjudication, the same shall be made amongst the Creditors of such Prisoner, whose Debts shall be admitted in his or her Schedule so sworn to as hereinafter directed, and amongst such other Creditors (if any) who shall prove their Debts in manner aforesaid, in proportion to the amount of the Debts so proved, and so admitted and proved respectively, as the case may be: Provided always, that if any such Prisoner, Creditor, or Assignee shall object in whole or in part to any Debt tendered to be so proved as aforesaid, or to any Debt mentioned in the Schedule of such Prisoner, or if any Person whose Demand is stated in such Schedule, but is not admitted therein to the extent of such Demand, shall claim to be admitted as a Creditor for the whole of such Demand, or for more thereof than is so admitted, the said Objec- tions and Claims shall, upon Application duly made, be examined into by the said Court; and the said Court may, if it shall seem fit, refer the Examination of the same to an Officer of the said Court, or to an Examiner duly appointed in Pursuance of this Ordinance; and the said Court, and such Officer or Examiner to whom such Reference shall have been made, shall have full Power for the Purpose aforesaid to require and compel the Production of all Books, Papers, and Writings which may be necessary to be produced, as well by the Person claiming such Debt as by such Prisoner, or his or her Assignee or Assignees, Creditor or Creditors, and to examine all such Persons and their Witnesses upon Oath as the Nature of the Case may require, and to take all other Measures necessary for the duc Investigation of such Objections and Claims; and the Decision of the said Court thereupon shall be conclusive with respect to the Title of any such Creditor or Creditors to his, her, or their Share of sucli Dividend under the Provisions of such Ordinance: Provided always, that if in any Case it shall appear expedient that the Proof of any Debt or Debts should be required to be made at any earlier
made.
Court may examine into disputed Claims.
earlier or other Period than as aforesaid, it shall be lawful at any Time for the said Court, by Notice as may be directed in that Behalf, to cause all or any of the Creditors to prove their Debts in such Manner as the said Court or a Commissioner thereof shall require, and to decide upon such Debts and the Rights to receive Dividends thereupon, and to do all things requisite thereto as aforesaid.
If Prisoner, or Cre-
Court
XXV. And be it further enacted and ordained, That in case such Prisoner, or any of his or her Creditors, or the said Court shall at any time be dissatisfied with the ditor, or Court dissatis Account of any such Assignee or Assignees so rendered upon Oath as aforesaid, and it Account, the
fied with Assignee's shall appear to the said Court that the Matters of such Account require a fuller or may direct Inquiry. further Examination or in case any such Assignee or Assignees shall neglect to render such Account, or shall neglect to dispose of the Property or collect the Effects of such Prisoner, or shall in any Manner waste or mismanage the Estate or Effects of such Prisoner, or neglect to make a due Distribution thereof, it shall be lawful for the said Court to require such Assignee or Assignees to render such Account on Oath as is directed by this Ordinance if not before rendered, and for the said Court to examine or further examine any Account so rendered, and to enquire into any Waste, Mismanage- ment, or Neglect of the Estate and Effects of such Prisoner, and, if it shall seem fit, to order that it shall be referred to an Officer of the said Court or to an Examiner duly appointed in pursuance of this Ordinance to investigate the Accounts of such Assignee or Assignees so rendered as aforesaid, together with all Matters brought forward in objection thereto, and to examine into the Truth thereof, and to report thereon to the said Court; and it shall and may be lawful for the said Court or such Officer or Examiner upon such Reference as aforesaid to require and compel the pro- duction of all Books, Papers, and Writings necessary for such purposes, and to summon all Parties and their Witnesses on Oath as the case may require; and the said Court shall and may take all such Measures as shall be necessary for the compelling of the rendering of such Account and for the due Investigation thereof, and shall have Power to disallow any Charge or Charges in such Account which it shall appear to the said Court ought not in fairness to be allowed,and to ascertain the Produce of the Estate and Effects of any such Prisoner to be divided among his or her Creditors, and to direct the Distribution thereof, and to take all such Measures and make such Orders as may
appear
Court may Charge
be necessary for compelling the proper Disposition and Distribution thereof, and to award Costs against any of the Parties as Justice shall require; and that it shall to the said Court upon any Examination of the Matters of Account that any such Assignee with 20 per Assignee or Assignces shall have wilfully retained in his or her Hands, or otherwise Cent on Money wil- employed for his or their own Benefit any Sum or Sums of Money Part of or being the fully retained. Produce of such Estate or Effects, the said Court shall have Power and Authority to order such Assignee or Assignees to be charged in his or their Accounts with the Estate of such Prisoner with such Sum or Sums of Money as shall be equal to the Amount of Interest, computed at a Rate not exceeding Twenty Pounds per Centum per Annum on all Sums of Money appearing to the said Court to be so retained or employed by him or thera 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.
Assignees to pay un-
XXVI. And be it further enacted and ordained, That in all Cases where any claimed Dividends into Dividend or Dividends have remained in the hands of any Assignee or Assignees for Court. 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.
Court may remove
XXVII. And be it further enacted and ordained, That in case any Assignee of the Estate and Effects of any such Prisoner so appointed as aforesaid shall be unwilling Assignees and appoint to act, or in case of the Death, Incapacity, Disability, Misconduct, or Absence from the
new Assignees. 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 Evidences 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 C
from
418
Page 420Page 421
No comments yet.
Private notes are available after approval.