ORDINANCE No. 3 of 1846.
Insolvent Debtors.
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 thereon, 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.
23. And be it further enacted and ordained, that in all cases where any prisoner whose estate shall have been vested in the said provisional assignee under this Ordinance shall have executed any warrant of attorney to confess judgment, or shall have given any cognovit actionem or bill of sale, whether for a valuable consideration or otherwise, no person shall, after the commencement of the imprisonment 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 persons to 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.
Warrant of attorney and cognovit actionem not to be acted upon against goods of insolvent after his imprisonment.
24. 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 assignee of any such estate at the end of three months at the farthest from the time of appointment, or sooner if the said Court shall direct, and so from time to time 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 whom 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, 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 assignee 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.
Accounts to be audited.
Page 185
ORDINANCE No. 3 or 1846.
Insolvent Debtors.
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 thereon, 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.
23. And be it further enacted and ordained, that in all cases where any prisoner whose estate shall have been vested in the said provisional assignee under this Ordinance shall have executed any warrant of attorney to confess judgment, or shall have given any cognovit actionem or bill of sale, whether for a valuable consideration or otherwise, no person shall, after the commencement of the imprisonment 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 persons to whom any sum or sums of money shall be due in respect of any such war- rant 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.
2018
Warrant of at- torney and cognovit actio- nem not to be acted upon against goods of insolvent af- ter his impri- sonment.
accounts.
24. And be it further enacted and ordained, that the said provisional assignee Assignees to file 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 other
every assignee of any such estate at the end of three months at the farthest from the time of
appointment, or sooner if the said Court shall direct, and so from time to time 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 whom affidavits are by this Ordinance directed to be sworn, that such account contains a fair, just, and par- ticular 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 ul- terior 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, and for taxation of all costs and charges claimed by such assignee; and examination shall be had of the proceedings of the said provi- sional assignee, or of any other assignee 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
Accounts to be audited.
185
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