180
Certified copy of order and appointment to be evidence.
Proviso for registry
Sale of estate and effects, to be made immediately.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
respective debts, according to the provisions of this Ordinance; and every such appointment shall, after such acceptance thereof, be entered of record of the said Court, and such notice thereof shall be published as the said Court shall direct; and every person so appointed assignee shall be deemed to be an officer of the said Court, and shall be liable as such to the control thereof: Provided always, that it shall be lawful for the said Court to direct any fee or remuneration for the performance of duties in getting in and distributing the estate of any insolvent debtor, whether by any assignee, or by the provisional assignee, in case of such distribution being effected without the appointment of any other assignee, which shall not exceed the rate of five per centum on the sum received as produce of such estate.
10. And be it enacted and ordained, that a copy of any order under this Ordinance vesting the estate and effects of any prisoner in the provisional assignee of the estate and effects of insolvent debtors, or of the appointment, under the provision last hereinbefore contained, of an assignee or assignees of such estate and effects, such copy purporting to have the certificate of the provisional assignee of the said Court, or his deputy appointed for that purpose, endorsed thereon, and to be sealed with the seal of the said Court, shall, in all Courts and places within the said Colony, and without further proof, be recognized and received as sufficient evidence of such order and appointment respectively having been made, and of the title of the provisional assignee, and of such other assignees or assignees respectively, under the same: Provided always, that where, according to any laws now in force, any conveyance or assignment of any real or personal property of an insolvent debtor would be required to be registered, enrolled, or recorded in any Registry Office in the said Colony, then and in every such case said certified copy as hereinbefore is described of such order under this Ordinance, vesting the estate and effects of any prisoner in the provisional assignee of the said Court, and a like certified copy of the appointment of an assignee or assignees under this Ordinance (if any such appointment shall have been made), shall be registered in the Registry Office, Court, or place wherein such conveyance or assignment as last aforesaid would require to be registered, enrolled, or recorded; and the registry hereby directed shall have the like effect, to all intents and purposes, as the registry, enrolment, or recording of such conveyance or assignment as last aforesaid would have had; and the title of any purchaser of any such property as last aforesaid for valuable consideration, without notice of any such order or appointment as aforesaid, who shall have duly registered, enrolled, or recorded his purchase deed previously to the registry hereby directed, shall not be invalidated by reason of such order as aforesaid, or the appointment of an assignee or assignees as aforesaid, or the vesting of such property in him or them consequent thereupon respectively, unless a certified copy of such orders and a certified copy of such appointment, if any, shall be registered as aforesaid within the time following; that is to say, within one month after the date of such order and appointment respectively.
11. And be it further enacted and ordained, that the assignee or assignees of the estate and effects of any such prisoner shall, with all convenient speed after his or their
180
Certified copy of order and appointment to be evidence.
Proviso for registry
Sale of estate and effects, to be made im-
mediately.
ORDINANCE No. 3 OF 1846.
Insolvent Debtors.
respective debts, according to the provisions of this Ordinance; and every such appointment shall, after such acceptance thereof, be entered of record of the said Court, and such notice thereof shall be published as the said Court shall direct; and every person so appointed assignee shall be deemed to be an officer of the said Court, and shall be liable as such to the coutroul thereof: Provided always, that it shall be lawful for the said Court to direct any fee or remuneration for the performance of duties in getting in and distributing the estate of any insolvent debtor, whether by any assignee, or by the provisional assignee, in case of such distribution being effected without the appointment of any other assignee, which shall not exceed the rate of five per centum on the sum received as produce of such estate.
10. And be it enacted and ordained, that a copy of any order under this Ordinance vesting the estate and effects of any prisoner in the provisional assignee of the estate and effects of insolvent debtors, or of the appointment, under the provision last herein. before contained, of an assignee or assignees of such estate and effects, such copy purporting to have the certificate of the provisional assignee of the said Court, or his deputy appointed for that purpose, endorsed thereon, and to be sealed with the seal of the said Court, shall, in all Courts and places within the said Colony, and without further proof, be recognized and received as sufficient evidence of such order and appointment respectively having been made, and of the title of the provisional assignee, and of such other assigues or assignees respectively, under the same: Provided always, that whore, according to any laws now in force, any conveyance or assignment of any real or personal property of an insolvent debtor would be required to be registered, enrolled, or recorded in any Registry Office in the said Colony, then and in every such case said certified copy as hereinbefore is described of such order under this Ordinance, vesting the estate and effects of any prisoner in the provisional assignee of the said Court, and a like certified copy of the appointment of an assignee or assignees under this Ordinance (if any such appointment shall have been made), shall be registered in the Registry Office, Court, or place wherein such conveyance or assignment as last aforesaid would require to be registered, enrolled, or recorded; and the registry hereby directed shall have the like effect, to all intents and purposes, as the registry, enrolment, or recording of such conveyance or assignment as last aforesaid would have had; and the title of any purchaser of any such property as last aforesaid for valuable consider- ation, without notice of any such order or appointment as aforesaid, who shall have duly registered, enrolled, or recorded his purchase deed previously to the registry hereby directed, shall not be invalidated by reason of such order as aforesaid, or the appointment of an assignee or assignees as aforesaid, or the vesting of such property in him or them consequent thereupon respectively, unless a certified copy of such orders and a certified copy of such appointment, if any, shall be registered as aforesaid within the time following; that is to say, within one month after the date of such order and appointment respectively.
11. And be it further enacted and ordained, that the assignee or assignees of the estate and effects of any such prisoner shall, with all convenient speed after his or their
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