202
Application may be made by persons on behalf of such prisoners. Court may discharge such prisoner. May appoint assignees; May order judgment to be entered up.
ORDINANCE No. 3 OF 1846. Insolvent Debtors.
on oath of such person or persons as he or they shall think fit to examine, shall inquire into the state of mind of such prisoner; and if it shall appear to such Justice or Justices upon such inquiry that such prisoner is of unsound mind, and therefore incapable of taking the benefit of this Ordinance in such manner as a person of sound mind might do, such Justice or Justices shall forthwith make a record of the fact, and certify the same to the said Court; and thereupon it shall be lawful for the said Court, at the instance of any person or persons on behalf of such prisoner, to order notice to be inserted in the two public newspapers aforesaid, that application will be made to the said Court for the discharge of such prisoner on a day to be specified in such order.
and notice, being twenty-one days at least from the day of publication of such one of the said newspapers containing such notice as shall be last published, which notice, together with the service of the like notice on the creditor or creditors at whose suit such prisoner shall be detained in custody, or his or their attorney or attorneys in such suit, shall be deemed sufficient to authorize the said Court to proceed to the discharge of such prisoner, if otherwise entitled to such discharge, according to the true intent and meaning of this Ordinance; and the said Court shall proceed accordingly, and shall discharge such prisoner from custody, and do all other acts under this Ordinance, in case it shall appear that such prisoner might have obtained his or her discharge under this Ordinance if he or she had been of sound mind;
and thereupon all and every estate, right, title, interest in law and equity, real and personal, power, benefit, and emolument whatsoever, which, if such prisoner was of sound mind, could or ought to be vested in the said provisional assignee, pursuant to the provisions of this Ordinance, shall, by force and virtue of the order of the said Court for the discharge of such prisoners, be vested in the provisional assignee of the said Court, or in the other assignee or assignees appointed by the said Court, and named in the said order, or in any other order of the said Court in that behalf, as fully and effectually, and in the same manner, and with all and every the same consequences and effects, both in fact and law, to all intents and purposes whatsoever, as if such prisoner had been of sound mind, and such order as aforesaid had been made vesting the same in such provisional assignee at the time and in the manner in this Ordinance provided;
and that it shall be lawful for the said Court to order judgment to be entered up against such prisoner, in the same manner as if he or she had been of sound mind, and had executed a warrant of attorney to authorize the entering up of such judgment in the manner hereinbefore directed; and such order shall be sufficient authority to the proper officer for entering up the same; and any dividend to be made by such assignee or assignees shall be made in such manner, and such proceedings shall be thereupon had, as are hereinbefore provided in the case of a dividend of the estate and effects of any prisoner made before adjudication;
and the discharge of every such prisoner of unsound mind, so made as aforesaid, shall extend to all debts and sums of money to which the same might have extended if such prisoner had been of sound mind, and had duly filed his schedule, according to the provisions of this Ordinance: Provided always, that every such order of discharge, and of the appointment of an
202
Application may be made by
persons on behalf of such prisoners.
Court may discharge such prisoner.
May appoint assignees;
May order judg- ment to be entered up.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
on oath of such person or persons as he or they shall think fit to examine, shall inquire into the state of mind of such prisoner; and if it shall appear to such Justice or Justices upon such inquiry that such prisoner is of unsound mind, and therefore incapable of taking the benefit of this Ordinance in such manner as a person of sound mind might do, such Justice or Justices shall forthwith make a record of the fact, and certify the same to the said Court; and thereupon it shall be lawful for the said Court, at the instance of any person or persons on behalf of such prisoner, to order notice to be inserted in the two public newspapers aforesaid, that application will be made to the said Court for the discharge of such prisoner on a day to be specified in such order. and notice, being twenty-one days at least from the day of publication of such one of the said newspapers containing such notice as shall be last published, which notice, together with the service of the like notice on the creditor or creditors at whose suit such prisoner, shall be detained in custody, or his or their attorney or attorneys in such suit, shall be deemed sufficient to authorize the said Court to proceed to the discharge of such prisoner, if otherwise entitled to such discharge, according to the true intent and meaning of this Ordinance; and the said Court shall proceed accord- ingly, and shall discharge such prisoner from custody, and do all other acts under this Ordinance, in case it shall appear that such prisoner might have obtained his or her discharge under this Ordinance if he or she had been of sound mind; and there- upon all and every estate, right, title, interest in law and equity, real and personal, power, benefit, and emolument whatsoever, which, if such prisoner was of sound mind, could or ought to be vested in the said provisional assignee, pursuant to the provisions of this Ordinance, shall, by force and virtue of the order of the said Court for the discharge of such prisoners, be vested in the provisional assignee of the said Court, or in the other assignee or assignees appointed by the said Court, and named in the said. order, or in any other order of the said Court in that behalf, as fully and effectually, and in the same manner, and with all and every the same consequences and effects, both in fact and law, to all intents and purposes whatsoever, as if such prisoner had been of sound mind, and such order as aforesaid had been made vesting the same in such provisional assignee at the time and in the manner in this Ordinance provided; and that it shall be lawful for the said Court to order judgment to be entered up against such prisoner, in the same manner as if he or she had been of sound mind, and had executed a warrant of attorney to authorize the entering up of such judgment in the manner herein before directed; and such order shall be sufficient authority to the proper officer for entering up the same; and any dividend to be made by such assignee or assignees shall be made in such manner, and such proceedings shall be thereupon had, as are hereinbefore provided in the case of a dividend of the estate and effects of any prisoner made before adjudication; and the discharge of every such prisoner of unsound mind, so made as aforesaid, shall extend to all debts and sums of money to which the same might have extended if such prisoner had been of sound mind, and had duly filed his schedule, according to the provisions of this Ordinance: Provided always, that every such order of discharge, and of the appointment of an
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