ORDINANCE No. 3 of 1846.
Insolvent Debtors.
part thereof, and of the real estate of such prisoner, according to the provisions herein-after made with regard to the sale of such real estate, and out of the proceeds of such real and personal estate to defray, in the first place, all such costs and expenses of taking possession or of seizing and selling the same, as shall be allowed by the said Court, and to account for the produce of such sale or disposition to the said Court; and it shall be lawful for the said provisional assignee to sue in his own name, if the said Court shall so order for the recovering, obtaining, and enforcing of any estates, debts, effects, or rights of any such prisoner; and all and every the real and personal estate, money, and effects, vested in or possessed by such provisional assignee by virtue of such order as aforesaid, shall not remain in him if he shall resign or be removed from his office, nor in his heirs, executors, or administrators, in case of his death, but shall in every such case go to and be vested in his successors in office appointed by the said Court as aforesaid.
7. And be it further enacted and ordained, that the said Court may order and direct such provisional assignee as aforesaid, or such assignee or assignees as are hereinafter mentioned, to pay to any such prisoner, out of his or her estate and effects, such allowance for his or her support and maintenance during such prisoner's imprisonment, and previous to the adjudication in the matter of his petition, or for the expenses of making out and filing his schedule, as to the said Court shall seem reasonable and fit.
8. Provided always, and be it enacted and ordained, that in case any prisoner as to whose estate and effects any such vesting order as aforesaid shall have been made shall, by the consent or default of his detaining creditor or creditors, be discharged out of custody without any adjudication being made in that behalf by the said Court, all the acts done before such discharge by the said provisional assignee, or other assignee or assignees appointed as hereinafter provided, or other person or persons acting under his or their authority, according to the provisions of this Ordinance, shall be good and valid; and that in such case, no action or suit shall be commenced against such provisional assignee, or against any assignee or assignees appointed under this Ordinance, nor against any person duly acting under his or their authority, except to recover any property, estate, money, or effects of such prisoner, detained after an order made by the said Court for the delivery thereof, and demand made thereupon.
9. And be it enacted and ordained, that it shall be lawful for the said Court to appoint any of its officers as a provisional assignee, or at any time after the making any such vesting order as aforesaid as to the same Court shall seem expedient, to appoint a proper person or persons to be assignee or assignees of the estate and effects of such prisoner, for the purposes of this Ordinance; and when such assignee or assignees shall have signified to the said Court his or their acceptance of the said appointment, the estate, effects, rights, and powers of such prisoner, vested in such provisional assignee as aforesaid, shall immediately, by virtue of such appointment, and without any conveyance or assignment, vest in the said assignee or assignees, in trust for the benefit of the creditors of such prisoner, in respect of or in proportion to their
?
179
Paying the expenses, &c.
To sue in his own name, &c.
Property vested in him to go to his successor in office.
Court may order an allowance to prisoner during his confinement, or for expense of schedule.
When prisoner is discharged out of custody, acts of assignees to be valid.
No action to be brought against them where assignment is avoided.
Power of Court to appoint assignees.
ORDINANCE No. 3 or 1846.
Insolvent Debtors.
part thereof, and of the real estate of such prisoner, according to the provisions herein- after made with regard to the sale of such real estate, and out of the proceeds of such real and personal estate to defray, in the first place, all such costs and expenses of taking possession or of seizing and selling the same, as shall be allowed by the said Court, and to account for the produce of such sale or disposition to the said Court; and it shall be lawful for the said provisional assignee to sue in his own name, if the said Court shall so order for the recovering, obtaining, and enforcing of any estates, debts, effects, or rights of any such prisoner; and all and every the real and personal estate, money, and effects, vested in or possessed by such provisional assignee by virtue of such order as aforesaid, shall not remain in him if he shall resign or be removed from his office, mor in his heirs, executors, or administrators, in case of his death, but shall in every such case go to and be vested in his successors in office appointed by the said Court as aforesaid.
7. And be it further enacted and ordained, that the said Court may order and direct such provisional assignee as aforesaid, or such assignee or assignees as are hereinafter mentioned, to pay to any such prisoner, out of his or her estate and effects, such allowance for his or her support and maintenance during such prisoner's imprisonment, and previous to the adjudication in the matter of his petition, or for the expenses of making out and filing his schedule, as to the said Court shall seem reasonable and fit.
8. Provided always, and be it enacted and ordained, that in case any prisoner as to whose estate and effects any such vesting order as aforesaid shall have been made shall, by the consent of default of his detaining creditor or ereditors, be discharged out of custody without any adjudication being made in that behalf by the said Court, all the acts done before such discharge by the said provisional assignee, or other assignee ór assignees appointed as hereinafter provided, or other person or persons acting under his or their authority, according to the provisions of this Ordinance, shall be good and valid; and that in such case, no action or suit shall be commenced against such provisional assignee, or against any assignee or assignees appointed under this Ordi- nance, nor against any person duly acting under his or their authority, except to recover any property, estate, money, or effects of such prisoner, detained after an order made by the said Court for the delivery thereof, and demand made thereupon.
9. And be it enacted and ordained, that it shall be lawful for the said Court to appoint any of its officers as a provisional assignee, or at any time after the making any such vesting order as aforesaid as to the same Court shall seem expedient, to appoint a proper person or persons to be assignee or assignees of the estate and effects of such prisoner, for the purposes of this Ordinance; and when such assignee or assignees shall have signified to the said Court his or their acceptance of the said appointment, the estate, effects, rights, and powers of such prisoner, vested in such provisional assignee as aforesaid, shall immediately, by virtue of such appointment, and without any conveyance or assignment, vest in the said assignee or assignees, in trust for the benefit of the creditors of such prisoner, in respect of or in proportion to their
?
179
Paying the ex- penses, &c.
To sue in his own name, &c.
Property vested in him to go to his successor in office.
Court may order an allowance to prisoner during his confinement, or for expense of schedule.
When prisoner is discharged out of custody, acts of assignees to be valid.
No action to be brought against them where assignment is avoided.
Power of Court- to appoint assignees.
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