the-ordinances-of-the-legislative-counci-1890 — Page 216

180 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 controul 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.
Certified copy 10. And be it enacted and ordained, that a copy of any order under this Ordinance
of order and
appointment to vesting the estate and effects of any prisoner in the provisional assignee of the estate
be evidence.
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,
Proviso for and of such other assignee or assignees respectively, under the same : Provided always ,
registry.
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 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.

Sale of estate 11. And be it further enacted and ordained, that the assignee or assignees of the
and effects, to
be made im estate and effects of any such prisoner shall, with all convenient speed after his or their
mediately.