the-ordinances-of-the-legislative-counci-1890 — Page 215

ORDINANCE No. 3 OF 1846 . 179


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 Paying the ex
penses, &c.
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 To sue in his
own name, &c.
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 Property vested
in him to go to
effects, vested in or possessed by such provisional assignee by virtue of such order as his successor in
office.
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 Court may order
an allowance to
direct such provisional assignee as aforesaid, or such assignee or assignees as are prisoner during
his confinement,
hereinafter mentioned , to pay to any such prisoner, out of his or her estate and effects , or for expense
of schedule.
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 When prisoner
is discharged
to whose estate and effects any such vesting order as aforesaid shall have been made out of custody,
acts ofassignees
to be valid.
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 No action to be
brought against
provisional assignee, or against any assignee or assignees appointed under this Ordi them where
assignment is
nance, nor against any person duly acting under his or their authority, except to avoided.
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 Power of Court
to appoint
appoint any of its officers as a provisional assignee, or at any time after the making any assignees.
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