the-ordinances-of-the-legislative-counci-1890 — Page 214

178 ORDINANCE No. 3 OF 1846.


Insolvent Debtors.


into a recognizance to the provisional assignee of the said Court in such sum as the
said Court shall think fit, with a condition that such insolvent shall duly appear at the
time and place fixed for the hearing of such insolvent, and on every adjourned hearing,
and shall abide by the final judgment of the said Court, and on such other terms
(if any) as the said Court shall think fit to impose, and to issue a warrant directed to
the gaoler, ordering the discharge of such insolvent from custody accordingly ; and
that after such discharge such insolvent shall be free from arrest or imprisonment by
any creditor whose debt shall be specified in the schedule filed by such insolvent as
hereinafter mentioned , until the time appointed for the hearing of such insolvent, and
for such further time (if any) as the said Court shall by endorsement on such order
from time to time appoint : Provided always nevertheless, that in case any insolvent so
discharged out of custody shall not duly appear at the time and place fixed for the
hearing or any adjourned hearing of such insolvent (not being prevented by illness or
other lawful impediment, to be allowed of by the said Court) the recognizance so
entered into shall be forfeited , and the amount secured thereby shall be recoverable in
a summary way, by a distress and sale of the goods and chattels of such sureties , as
the said Court shall by their order direct ; and the amount so recovered shall be applied
for the benefit of the creditors of such insolvent in like manner as if the same were
part of his estate and effects ; and the said Court may also issue a warrant authorizing
any person or persons to be therein named to apprehend and arrest such insolvent,
and deliver him into the custody of the gaoler or keeper in whose custody such
prisoner was at the time when he was so discharged as aforesaid ; and such gaoler or
keeper is hereby required to receive such prisoner again into his custody ; and all
detainers which were in force against him at the time of such discharge, or which
shall have since been duly lodged against him, shall thereupon be deemed to be in
force : Provided further, that any insolvent so discharged out of custody as aforesaid
shall, on his appearing before the said Court, be deemed and considered for all the
purposes of this Ordinance, in the custody in which he was at the time he was so
discharged.
Prisoner not to 5. And be it enacted and ordained, that no prisoner whose estate shall, by an
be discharged
for want of
plaintiff proceed order under this Ordinance, have been vested in the said provisional assignee shall, after
ing in his
action. the making of such order, be discharged out of custody, as to any action, suit, or
process for or concerning any debt, sum of money, damages, or claim with respect to
which an adjudication can, under the provisions of this Ordinance, be made by or by
virtue of any supersedes , judgment of non-pros, or judgment as in the case of a non- suit,
for want of the plaintiff or plaintiffs in such action, suit, or process proceeding therein.
Provisional as 6. And be it enacted and ordained, that it shall be lawful for the provisional
signee to take
possession of assignee of the said Court to take possession himself, or by means of a messenger of
estates, & c.,
vested in him,
and sell the the said Court, or other person or persons appointed by him, of all the real and
same ifthe
Court directs ; personal estate and effects of every such prisoner, vested in such provisional assignee by
virtue of any such order or conveyance as aforesaid ; and if the said Court shall so
order, to sell or otherwise dispose of such goods, chattels, and personal estate, or any