the-ordinances-of-the-legislative-counci-1890 — Page 233

ORDINANCE No. 3 OF 1846. 197


Insolvent Debtors.


withstanding any such adjudication and discharge as aforesaid ; and thereupon , if upon
examination by the said Court, and hearing as well the said assignee or assignees as the
said prisoner, in case he shall appear, or the said assignee or assignees only, in case such
prisoner, due notice having been given to him, shall not appear, it shall appear to the
said Court that the contents of such petition are true, then and in such case the said
Court shall so declare and adjudge, and shall thereupon order the said prisoner to be Court may order
prisoner to be
apprehended, and committed to custody within the walls of any prison which the said remanded to
custody until he
transfer such
Court shall direct, and not within any rules or liberties thereof, until he shall convey, property.
assign, and transfer such property, or so much thereof as the said Court shall direct,
towards the satisfaction of the said judgment, to such assignee or assignees , for the
general benefit of the creditors of such prisoner.

49. And be it enacted and ordained, that in case any person or persons, body Manner of pro
ceeding where
politic or corporate, shall, after any such insolvent shall have become entitled to the after the dis
charge of a pri
soner, any per
benefit of this Ordinance by any such adjudication as aforesaid , become or be possessed son shall become
possessed of
of, or have under his or their power or control, any legacy, or money due or growing property belong
ing to him.
due, bills of exchange, promissory notes, bank notes , securities for money, goods and
chattels, or any other property whatsoever belonging to such insolvent, or held in trust
for him, or for his use and benefit, or to which such insolvent shall be in any way
entitled, or in case any such person or persons, body politic or corporate, shall be at
such period in any manner indebted to such insolvent, it shall be lawful for the said
Court, upon the application of any assignee or creditor of such insolvent, to cause
notice to be given to such person or persons, body politic or corporate, directing him
or them to hold and retain the said property till the said Court shall make further
order concerning the same ; and thereupon it shall be lawful for the said Court further
to order such person or persons, body politic or corporate, to deliver over such property,
and to pay such debts as aforesaid, or any part thereof, to the provisional or other
assignee or assignees of the estate and effects of such insolvent, for the general benefit
of the creditors of such insolvent, entitled to claim under such judgment entered up by
order of the said Court, as aforesaid ; and such delivery and payment shall be made
accordingly, in obedience to such order ; and such person and persons, body politic and
corporate, shall by such payment and delivery, so made in pursuance of such order of
the said Court, be discharged in respect of such property, and debts against all persons
whatsoever to all intents and purposes .


50. And be it enacted and ordained, that no person who shall have become en Persons
discharged under
titled to the benefit of this Ordinance by any such adjudication as aforesaid shall at this Ordinance
not liable to
imprisonment for
any time thereafter be imprisoned by reason of the judgment so as aforesaid entered debts, &c., to
which adjudica
up against him or her, according to this Ordinance, or for or by reason of any debt or tion extends.
sum of money, or costs, with respect to which such person shall have become so entitled ,
or for or by reason of any judgment, decree, or order for payment of the same ; but
that upon every arrest or detainer in prison upon any such judgment so entered up as
aforesaid, or for or by reason of any such debt or sum of money or costs, or judgment,