the-ordinances-of-the-legislative-counci-1890 — Page 219

ORDINANCE No. 3 OF 1846. 183


Insolvent Debtors.


16. And be it enacted and ordained , that all matters wherein creditors shall vote, Creditors to vote
according to
or wherein the assent or dissent of creditors shall be exercised in pursuance of or in balance due to
them on account
fairly stated.
carrying into effect this Ordinance, every creditor shall be accounted such in respect
of such amount only as upon an account fairly stated between the parties, after
allowing the value of mortgaged property, and other such available securities and liens,
shall appear to be balance due ; and that all disputes arising in such matters concern
ing any such amount shall, upon application duly made in that behalf, be examined
into by the said Court, who shall have power to determine the same, and, if it seem
fit, to refer the examination thereof to an officer of the said Court, or to an examiner
to be appointed for that purpose by the said Court ; Provided always, that the amount
in respect of which any such creditor shall vote in any such matter shall not be
conclusive of the amount of his or her debt for any ulterior purposes, in pursuance
of the provisions of this Ordinance.

17. And be it enacted, that whenever any such assignee or assignees shall die or Suits not to be
abated by death
be removed, or a new assignee or assignees shall be appointed in pursuance of the or removal of
assignees.
provisions of this Ordinance, no action at law or suit in equity shall be thereby abated,
but the Court in which any action or suit is depending may, upon the suggestion of
such death or removal and new appointment, allow the name or names of the survi
ving or new assignee or assignees to be substituted in the place of the former ; and
such action or suit shall be prosecuted in the name or names of the said surviving or
new assignee or assignees, in the same manner as if he or they had originally com
menced the same.

18. And be it enacted and ordained , that nothing in this Ordinance contained Assignee's power
not to extend
shall extend to entitle the assignee or assignees of the estate and effects of any such to the pay or
pension of naval,
military, or civil
prisoner, being or having been an officer of the army or navy, or an officer, or clerk, or officers.
otherwise employed or engaged in the service of Her Majesty in any civil office, and
being or having been in the naval or military service of the East India Company, or
an officer, or clerk, or otherwise employed or engaged in the service of the Court of
Directors of the said Company, or being otherwise in the enjoyment of any pension
whatever under any department of Her Majesty's Government or from the said Court
of Directors, to the pay, half pay, salary, emoluments, or pension of any such prisoner,
for the purposes of this Ordinance : Provided always, that it shall be lawful for the Portion of pay
or pension may
said Court to order such portion of the pay, half pay, salary, emoluments, or pension be obtained on
application .
of any such prisoner, as on communication from the said Court to the Secretary at
War, or the Lords Commissioners of the Admiralty, or the Commissioners of the
Customs or Excise, or the chief officer of the department to which such prisoner may
belong or have belonged, or under which such pay, half pay, salary, emoluments,
or pension may be enjoyed by such prisoner, or the said Court of Directors, he or they
may respectively, under his or their hands, or under the hand of his or their Chief
Secretary, or other chief officer for the time being, consent to in writing, to be paid to
such assignee or assignees, in order that the same may be applied in payment of the
debts of such prisoner ; and such order and consent being lodged in the office of Her