ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
withstanding any such adjudication and discharge as aforesaid; and thereupon, if upon examination by the said Court, and hearing as well the said assignee or assignees as the said prisoner, in case he shall appear, or the said assignee or assignees only, in case such prisoner, due notice having been given to him, shall not appear, it shall appear to the said Court that the contents of such petition are true, then and in such case the said Court shall so declare and adjudge, and shall thereupon order the said prisoner to be apprehended, and committed to custody within the walls of any prison which the said Court shall direct, and not within any rules or liberties thereof, until he shall convey, assign, and transfer such property, or so much thereof as the said Court shall direct, towards the satisfaction of the said judgment, to such assignee or assignees, for the general benefit of the creditors of such prisoner.
49. And be it enacted and ordained, that in case any person or persons, body politic or corporate, shall, after any such insolvent shall have become entitled to the benefit of this Ordinance by any such adjudication as aforesaid, become or be possessed of, or have under his or their power or control, any legacy, or money due or growing due, bills of exchange, promissory notes, bank notes, securities for money, goods and chattels, or any other property whatsoever belonging to such insolvent, or held in trust for him, or for his use and benefit, or to which such insolvent shall be in any way entitled, or in case any such person or persons, body politic or corporate, shall be at such period in any manner indebted to such insolvent, it shall be lawful for the said Court, upon the application of any assignee or creditor of such insolvent, to cause notice to be given to such person or persons, body politic or corporate, directing him or them to hold and retain the said property till the said Court shall make further order concerning the same; and thereupon it shall be lawful for the said Court further to order such person or persons, body politic or corporate, to deliver over such property, and to pay such debts as aforesaid, or any part thereof, to the provisional or other assignee or assignees of the estate and effects of such insolvent, for the general benefit of the creditors of such insolvent, entitled to claim under such judgment entered up by order of the said Court, as aforesaid; and such delivery and payment shall be made accordingly, in obedience to such order; and such person and persons, body politic and corporate, shall by such payment and delivery, so made in pursuance of such order of the said Court, be discharged in respect of such property, and debts against all persons whatsoever to all intents and purposes.
50. And be it enacted and ordained, that no person who shall have become entitled to the benefit of this Ordinance by any such adjudication as aforesaid shall at any time thereafter be imprisoned by reason of the judgment so as aforesaid entered against him or her, according to this Ordinance, or for or by reason of any debt or sum of money, or costs, with respect to which such person shall have become so entitled, or for or by reason of any judgment, decree, or order for payment of the same; but that upon every arrest or detainer in prison upon any such judgment so entered up as aforesaid, or for or by reason of any such debt or sum of money or costs, or judgment,
197
Court may order prisoner to be remanded to custody until he transfer such property.
Manner of proceeding where after the discharge of a prisoner, any person shall become possessed of property belonging to him.
Persons discharged under this Ordinance not liable to imprisonment for debts, &c., to which adjudication extends.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
withstanding any such adjudication and discharge as aforesaid; and thereupon, if upon examination by the said Court, and hearing as well the said assignee or assignees as the said prisoner, in case he shall appear, or the said assignee or assignees only, in case such prisoner, due notice having been given to him, shall not appear, it shall appear to the said Court that the contents of such petition are true, then and in such case the said Court shall so declare and adjudge, and shall thereupon order the said prisoner to be appréhended, and committed to custody within the walls of any prison which the said Court shall direct, and not within any rules or liberties thereof, until he shall convey, assign, and transfer such property, or so much thereof as the said Court shall direct, towards the satisfaction of the said judgment, to such assignee or assignees, for the general benefit of the creditors of such prisoner.
49. And be it enacted and ordained, that in case any person or persons, body politic or corporate, shall, after any such insolvent shall have become entitled to the benefit of this Ordinance by any such adjudication as aforesaid, become or be possessed of, or have under his or their power or control, any legacy, or money due or growing due, bills of exchange, promissory notes, bank notes, securities for money, goods and chattels, or any other property whatsoever belonging to such insolvent, or held in trust for him, or for his use and benefit, or to which such insolvent shall be in any way entitled, or in case any such person or persons, body politic or corporate, shall be at such period in any manner indebted to such insolvent, it shall be lawful for the said Court, upon the application of any assignee or creditor of such insolvent, to cause notice to be given to such person or persons, body politic or corporate, directing him or them to hold and retain the said property till the said Court shall make further order concerning the same; and thereupon it shall be lawful for the said Court further to order such person or persons, body politic or corporate, to deliver over such property, and to pay such debts as aforesaid, or any part thereof, to the provisional or other assignee or assignees of the estate and effects of such insolvent, for the general benefit of the creditors of such insolvent, entitled to claim under such judgment entered up by order of the said Court, as aforesaid; and such delivery and payment shall be made accordingly, in obedience to such order; and such person and persons, body politic and corporate, shall by such payment and delivery, so made in pursuance of such order of the said Court, be discharged in respect of such property, and debts against all persons whatsoever to all intents and purposes.
50. And be it enacted and ordained, that no person who shall have become en- titled to the benefit of this Ordinance by any such adjudication as aforesaid shall at any time thereafter be imprisoned by reason of the judgment so as aforesaid entered against him or her, according to this Ordinance, or for or by reason of any debt or sum of money, or costs, with respect to which such person shall have become so entitled, or for or by reason of any judgment, decree, or order for payment of the same; but that upon every arrest or detainer in prison upon any such judgment so entered up as aforesaid, or for or by reason of any such debt or sum of money or costs, or judgment,
197
Court may order prisoner to be remanded to custody until he transfer such
property.
Manner of pro- ceeding where after the dis- charge of a pri- soner, any per- son shall become possessed of property belong- ing to him.
Persons discharged under this Ordinance not liable to imprisonment for debts, &c., to which adjudica- tion extends.
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