the-ordinances-of-the-legislative-counci-1890 — Page 221

ORDINANCE No. 3 OF 1846 . 185


Insolrent Debtors.


as therein mentioned , be vested in the provisional assignee of the said Court by virtue
of this Ordinance, as if the last mentioned Act had been expressly herein enacted ; and
every such warrant of attorney , and judgment and execution thereon, and every such
cognovit actionem, and judgment entered up thereon, and execution taken out on such
judgment, as are declared by the last mentioned Act to be fraudulent and void against
the assignees mentioned therein , shall be deemed equally fraudulent and void against
the provisional or other assignee or assignees of such prisoner, appointed under this
Ordinance ; and such provisional or other assignee or assignees shall be entitled to
recover back and receive, for the use of the creditors of such prisoner, all and every the
moneys levied and effects seized under or by virtue of any such judgment or execution.

23. And be it further enacted and ordained , that in all cases where any prisoner Warrant of at
torney and
whose estate shall have been vested in the said provisional assignee under this Ordinance cognovit actio
nem not to be
shall have executed any warrant of attorney to confess judgment, or shall have given acted upon
against goods
of insolvent af
any cognovit actionem or bill of sale, whether for a valuable consideration or otherwise, ter his impri
sonment.
no person shall, after the commencement of the imprisonment of such prisoner, avail
himself or herself of any execution issued or to be issued upon any judgment obtained
or to be obtained upon such warrant of attorney or cognovit actionem, or of such bill of
sale, either by seizure and sale of the property of such prisoner, or any part thereof, or
by sale of such property theretofore seized , or any part thereof ; but that any person or
persons to whom any sum or sums of money shall be due in respect of any such war
rant of attorney or cognovit actionem , or of such bill of sale, shall and may be a creditor
or creditors for the same under this Ordinance.

24. And be it further enacted and ordained, that the said provisional assignee Assignees to file
accounts.
shall keep account from day to day, the same to be of record in the said Court, of all
moneys received and paid, and of everything done by him and under him in the matter.
of every estate of any such prisoner vested in him, and shall make oath of the truth of
every such account as often as he shall be duly required so to do ; and that every other
assignee of any such estate at the end of three months at the farthest from the time
of his appointment, or sooner if the said Court shall direct, and so from time to time.
as occasion shall require or the said Court shall direct, shall make up an account of
such estate, and make oath in writing before any person before whom affidavits are by
this Ordinance directed to be sworn , that such account contains a fair, just, and par
ticular account of the estate and effects of such prisoner, got in by or for such assignee,
and of all payments necessarily made or deducted therefrom, and of all expenses sought
to be allowed in respect thereof, up to the time of filing such account, or to some ul
terior time if need be ; which account so sworn, together with a minute concerning the
probable assets of the estate (if any) , shall be filed with the proper officer of the said
Court ; and thereupon and at the time of so filing, the same appointments shall be made
for the examination of such accounts, and for taxation of all costs and charges claimed
by such assignee ; and examination shall be had of the proceedings of the said provi Accounts to be
audited.
sional assignee, or of any other assignee or assignees as the case may be, and of all the
matters of his or their account, by the Court, or a commissioner thereof, or an examiner