the-ordinances-of-the-legislative-counci-1890 — Page 224

188 ORDINANCE No. 3 OF 1846.


Insolvent Debtors.


proper party or parties in that behalf under such estate : Provided always, that it shall
be lawful for the said Court at any time, although such twelve months may not have
expired, if it shall seem fit, to direct that all unpaid and unclaimed dividends , together
with the balance remaining in the hands of any assignee or assignees, shall be paid
forthwith into the said Court to the credit of the said estate, or of the particular
creditors thereof, as the case may be.
Court may re 27. And be it further enacted and ordained, that in case any assignee of the
move assignees
and appoint new estate and effects of any such prisoner so appointed as aforesaid shall be unwilling to
assignees.
act, or in case of the death, incapacity, disabilty, misconduct, or absence from the Colony
of any such assignee, or other cause of unfitness appearing to the said Court, it shall be
lawful to and for any creditor or creditors of such prisoner to apply to the said Court
to appoint a new assignee or assignees with like powers and authorities as are given by
this Ordinance to the assignee or assignees hereinbefore mentioned ; and that the said
Court shall have power to remove such assignees, and to appoint such new assignee or
assignees, and to compel any assignee who shall be removed, and the heirs, executors,
and administrators of any deceased assignee, to account for and deliver up to the said
Court, or as the said Court shall order, all such estate and effects, books, papers,
writings, deeds, and other evidences relating thereto, as shall remain in his or their
[* Ordinance.] hands, to be applied for the purposes of this Act ; * and the decision of the said Court
in the matters aforesaid shall be final and conclusive ; and from and immediately
after such appointment of a new assignee or assignees, and by virtue of the order of
said Court in that behalf, all the estate, effects, rights, and powers of such prisoner
vested in any such former assignee or assignees shall become, and the same are hereby
vested in such new assignee or assignees without any assignment or conveyance execu
ted in that behalf ; and every such removal or appointment shall be entered of record
in the said Court, and such notice thereof shall be published as the said Court shall at
What shall be any time direct : such certified copy thereof as is hereinbefore directed to be received
evidence of re
moval and ap as proof of such order and appointment as aforesaid made in pursuance of this
pointment.
Ordinance.

Court may com 28. And be it further enacted and ordained, that in case any assignee or other
mit for refusing
to file accounts person shall disobey any rule or order of the said Court duly made by the said Court
and other con
tempts. for enforcing the purposes and provisions of this Ordinance, or made and entered into
by the consent of such assignee or other person for carrying into effect the purposes
and provisions of this Ordinance, it shall and may be lawful for the said Court to
order the person so offending to be arrested and committed, as for a contempt of the
said Court, to the prison or common gaol , there to remain without bail or mainprize
until such person shall have fulfilled the duty required by the said recited acts of this
Ordinance, or until the said Court shall make order to the contrary.
Court may di 29. And whereas it may often happen that some interest in lands and tenements
rect conveyance
by provisional has or may become vested in the provisional assignee of the said Court for the relief
assignee where
no assignee is of insolvent debtors which appears to be of no value to creditors, but nevertheless it
appointed.
may be reasonable and expedient that the provisional assignee should make or join in