from and immediately after such Appointment of a new Assignce or Assignees, and by virtue of the Order of said Court in that behalf, all the Estate, Effects, Rights, and Powers of such Prisoner vested in any such former Assignee or Assignees shall become and the same are hereby vested in such new Assignee or Assignees without any What shall be evi- Assignment or Conveyance executed in that Behalf; and every such Removal or Appoint- dence of Removal and ment shall be entered of Record in the said Court, and such Notice thereof shall be Appointment.
published as the said Court shall at any Time direct; such Certified Copy thereof as is hereinbefore directed to be received as Proof of such Order and Appointment as afore- said made in pursuance of this Ordinance.
Court may commit XXVIII. And be it further enacted and ordained, That in case any Assignee or for refusing to file Ac other Person shall disobey any Rule or Order of the said Court duly made counts and other Con- by the said Court for enforcing the Purposes and Provisions of this Ordinance, tempts.
or made and entered into by the Consent of such Assignce or other Person for carrying into effect the Purposes and Provisions of this Ordinance, it shall and may be lawful for the said Court to order the Person so offending to be arrested and committed as for a Contempt of the said Court to the Prison or common Gaol, there to remain without Bail or Mainprize until such Person shall have fulfilled the Duty required by the said recited Acts or this Ordinance, or until the said Court shall make Order to the contrary.
ed.
exi
Court may direct XXIX. And whereas it may often happen that some Interest in Lands and Te- Conveyance by Provi-nements has or may become vested in the Provisional Assignee of the said Court for sional Assignee where the Relief of Insolvent Debtors which appears to be of no Value to Creditors, but no Assignee is appoint-nevertheless it may be reasonable and expedient that the Provisional Assignee should make or join in making some Conveyance or Assignment of the same, and that the same should be done without the Expense attending Advertisements and Meetings of ⚫ Creditors, as hereinbefore described in certain cases: Be it therefore enacted and ordained, That it shall be lawful for the said Court, at any Time after the Day gazetted for the bringing up of any Prisoner to be dealt with according to the Provisions of this Ordinance, if no Person or Persons other than the said Provisional Assignee shall have been appointed Assignee or Assignees of his Estate and Effects, and if it shall appear fit, upon such Notice given by Advertisement or otherwise to the Creditors, or any of them, as the said Court shall in any Case direct, to order the said Provisional Assignee to make or join in making any Conveyance or Assignment of any such Interest as to the said Court may appear just and reasonable, without observing the Provisions of this Ordinance as to the Sale of Real Property by the Provisional or other Assignees of the Estates of Insolvent Debtors.
foreve
After Order made,
Sucture
XXX. And be it enacted and ordained, That every Prisoner whose Estate shall the Prisoner to deliver by an Order to be made under this Ordinance, be vested in the Provisional Assignee of in a Schedule of Debts, the said Court (whether upon his own Petition or on the Petition of any such Creditor Property, &c.
as aforesaid), shall within the space of Fourteen Days next after such Order shall have been made, or next after Notice in Writing of such Order having been made shall have been given to him, in case such Order shall not have been made on his own Petition, or within such further Time as the said Court shall think reasonable, deliver in to the said Court a Schedule, containing a full and fair Description of such Prisoner, as to his Name or Names, Trade or Trades, Profession or Professions, together with the last usual Place of Abode of such Prisoner, and the Place or Places where he has resided during the Time when his Debts were contracted; and also a full and true Description of all Debts due or growing due from such Prisoner at the Time of making such Order, and of all and every Person and Persons to whom such Prisoner shall be indebted, or who to his Knowledge or Belief shall claim to be his Creditors, together with the Nature and Amount of such Debts and Claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such Prisoner; and also a full, true and perfect Account of all the Estate and Effects of such Prisoner, Real and Personal, in Possession, Reversion, Remainder, or Expectancy; and also of all Places of Benefit or Advantage held by such Prisoner, whether the Emoluments of the same arise from fixed Salaries or from Fees or otherwise; and also of all Pensions or Allow- ances of the said Prisoner, in Possession or Reversion, or held by any other Person or Persons for or on behalf of the said Prisoner, or of and from which the said Prisoner derives or may derive any Manner of Benefit or Advantage; and also of all Rights and Powers of any Nature and Kind whatsoever, which such Prisoner, or any other Person or Persons in Trust for such Prisoner, or for his Use, Benefit, or Advantage, in any Manner whatsoever, shall be scized or possessed of or interested in, or entitled unto, or which such Prisoner, or any other Person or Persons in Trust for him, or for his Be- nefit, shall have any Power to dispose of, charge, or exercise for the Benefit or Advan- tage of such Prisoner; together with a full, true, and perfect Account of all the Debts at the Time of making such Order duc or growing due to such Prisoner, or to any Person or Persons in Trust for him, or for his Benefit or Advantage, either solely or jointly with any other Person or Persons, and the Names and Places of Abode of the several Persons from whom such Debts shall be due or growing due, and of the Wit- nesses who can prove such Debts, so far as such Prisoner can set forth the same; and
Г
the
Schedule to be filed
the said Schedule shall also contain a Balance Sheet of so much of the Receipts and Expenditures of such Prisoner, and of the Items composing the same, as shall be at any with Books and Pa- Time required by the said Court in that Behalf; and also shall fully and truly describe pers the Wearing Apparel, Bedding, and other Necessaries of such Prisoner, and his or her Family, and the Working Tools and Implements of such Prisoner, not exceeding in the whole the Value of Twenty Pounds, which may be excepted by such Prisoner from the operation of this Ordinance, together with the Values of such excepted Articles respectively; and the said Schedule shall be subscribed by such Prisoner, and shall forthwith be filed in the said Court, together will all Books, Papers, Deeds, and Writings in any way relating to such Prisoner's Estate or Effects in his or her Pos- session, or under his or her Custody or Control.
Court to appoint
XXXI. And be it further enacted and ordained, That the said Court shall forth- with, after such Schedule shall have been filed as aforesaid in the said Court by any such Time and Place for Prisoner, appoint a Time and Place for such Prisoner to be brought up before the Court to Prisoner to be brought be dealt with according to the Provisions of this Ordinance; and the Time so appointed "P shall in no case be more than Four Calendar Months after the Date of such Appointment.
XXXII. And be it enacted and ordained, That the said Court shall cause Notice
Notice to be given
of the making every such vesting Order as aforesaid, and the filing of every such Sche- to Creditors, and ad- dale, and of the Time and Place so as aforesaid appointed for such Prisoner to be vertised. brought up, to be given, by such Means as the said Court shall direct, to the Creditor or Creditors at whose Suit any such Prisoner shall be detained in Custody, or the Attor- ney or Agent of such Creditor or Creditors, and to the other Creditors named in the Schedule of such Prisoner, and resident within the Colony, and whose Debts shall amount to the Sum of Five Pounds, and to be inserted in the Colonial Newspapers hereinbefore mentioned.
XXXIII. And be it enacted and ordained. That upon such Prisoner being brought up as aforesaid the said Court shall examine into the Schedule of every such Prisoner ing, the Schedule to be
At the Time of hear-
Creditors may op-
so brought before the said Court upon the Oath of such Prisoner, and of such Parties examined. and other Witnesses as the said Court shall think fit to examine thereupon; and in case snch Notice as the said Court shall direct shall have been given by any Creditor of his Intention to oppose such Prisoner's Discharge, it shall be lawful, both for the said Cre- pose Prisoner's Dis- ditor and any other of the Creditors of such Prisoner, and notwithstanding such charge. Creditor or Creditors may have petitioned for and obtained such Vesting Order as aforesaid, to oppose such Prisoner's Discharge, and for that Purpose to put such Questions to such Prisoner, and examine such Witnesses, as the said Court shall think fit, touching the Matters contained in such Schedule, and touching such other Matters as the said Court shall be of opinion that it may be fit and proper to inquire into, in order to the due Execution of this Ordinance, but no Creditor shall examine or oppose the Discharge of such Prisoner until he shall make Oath or Affidavit of his Debt, or otherwise give satisfactory Proof of his Right to oppose such Prisoner's Discharge, if required so to do by such Prisoner; and that in case the said Court shall entertain any Doubt touching any Matter alleged against such Prisoner at such Hearing, to prevent journed. his or her Discharge, or otherwise touching the Schedule or the Examination of such Prisoner, or it shall appear that Amendment is necessary to be made of such Sche dule, or in case such Prisoner shall refuse to be sworn, or shall not answer upon Oath to the Satisfaction of the said Court, it shall be lawful for the said Court to adjourn the Hearing and Examination of such Prisoner, and of Witnesses thereupon, to some future Sitting of the said Court; and in every such case such Prisoner shall upon such Ad- journment remain in Custody, and shall and may be again brought up, and such Hear- ing and Examination be further proceeded in, as often as to the said Court shall seem fit: Provided always, that when any such Hearing shall be adjourned by the said Court generally, to some future period, the said Court shall and may, upon the Appli- cation of such Prisoner, to be made within such Time as the said Court shall direct, order the said Prisoner to be brought up for Hearing accordingly, and such Notice thereof shall be given, and to such Parties, as the said Court shall direct,
Hearing may be ad-
Affidavits may he
XXXIV. Provided always, and be it further enacted and ordained, That where any Prisoner shall be so brought before the said Court for the Relief of Insolvent received in opposition Debtors, it shall be lawful for the said Court to receive the Affidavits of any Creditor or to Prisoner's Discharge Crediters or other Person or Persons in Opposition to the Discharge of such Prisoner in certain Cases, under this Ordinance, and also, if such Court shall think fit, to permit Interrogations to be filed for the Examination or Cross-Examination of any Person making or joining in such Affidavits, and to adjourn the Hearing and Examination of such Prisoner until such Interrogatories shall be fully answered to the Satisfaction of the said Court.
XXXV, Provided always, and it is hereby enacted and ordained, That at such Schedule and Pri- Hearing or adjourned Hearing it shall be lawful for the said Court, if it shall appear fit, somer's Accounts may upon Application made by some Creditor or Creditors, and supported by Oath or Affi- be referred to an Off- davit, to order that it shall be referred to an Officer of the said Court or to an cer of the Court, cr Examiner to be appointed as aforesaid to investigate the Accounts of such Prisoner an Examiner, who may and to examine into the Truth of his Schedule, and to report thereon to the said Court; teud, and that the said Court may at any such hearing proceed on the other matters in Opposition
order Prisoner to at-
419
No comments yet.
Private notes are available after approval.