ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
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.
30. And be it enacted and ordained, that every prisoner whose estate shall, by an order to be made under this Ordinance, be vested in the provisional assignee of the said Court (whether upon his own petition or on the petition of any such creditor 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 into 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 allowances 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 seized 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 benefit, shall have any power to dispose of, charge, or exercise for the benefit or advantage of such prisoner; together with a full, true, and perfect account of all the debts at the time of making such order due or growing due to such prisoner, or to any person or persons in trust for him, or for his
189
After order made, the prisoner to deliver in a schedule of debts, property, &c.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
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 herein- before 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.
30. And be it enacted and ordained, that every prisoner whose estate shall, by an order to be made under this Ordinance, be vested in the provisional assignee of the said Court (whether upon his own petition or on the petition of any such creditor 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 into 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 posession, 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 allowances 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 seized 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 benefit, shall have any power to dispose of, charge, or exercise for the benefit or advantage of such prisoner; together with a full, true, and perfect account of all the debts at the time of making such order due or growing due to such prisoner, or to any person or persons in trust for him, or for his
189
After order made, the pri- soner to deliver
in a schedule of debts, proper-
ty, &c.
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