ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
613
Certain warrants of attorney, cognovits, and consents to Judge's order within two months of filing petition to be null and void.
107. Every warrant of attorney to confess judgment in any personal action given by any bankrupt after the commencement of this Ordinance, and within two months next before the filing of a petition for adjudication by or against such bankrupt, and being wholly or in part given for or in respect of an antecedent debt or money demand; and every cognovit actionem or consent to a Judge's order for judgment given by 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 was passed by the Imperial Parliament in the third year of the reign of His late Majesty King George the Fourth, 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.
Provisions of 3 Geo. 4. c. 89 extended to assignees.
109. Every creditor of the bankrupt may, after adjudication, prove his debt by deposition in Court or in Chambers or before any officer.
Proof in Court or in Chambers or before...
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
613
Certain war-
rants of nt- torney cog- novits, and consents to
Judge's order
two months. of filing peti- tion to be
107. Every warrant of attorney to confess judgment in any per- sonal action given by any bankrupt after the commencement of this Ordinance, and within two months next before the filing of a petition for adjudication by or against such bankrupt, and being wholly or in part given within for or in respect of an antecedent debt or money demand; and every 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 third year of the reign of His late Majesty King George the Fourth 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.
Provisions of
3 Geo. 4. c. 89 extended to
assignees.
109. Every creditor of the bankrupt may after adjudication prove Proof in Court his debt by deposition in Court or in Chambers or before any officer.
or in Cham-
bers or before
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