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9 Geo. 4, cap. 73.
appointed for this act to take effect, any person who shall be in prison within the respective limits of the towns of Calcutta, Madras, and Bombay, for debt, damage, costs, or money which such person is solely, or jointly with any other or others, liable to pay, or for contempt of any court whatsoever, by the non-payment of money only, may, at any time within fourteen days next after the commencement of the actual custody of such debtor, or afterwards, if the court shall in any case think it reasonable and proper to permit the same, apply by petition to the court for the relief of insolvent debtors within the presidency where such insolvent debtor shall then be; and in such petition there shall be stated the place. wherein the prisoner shall be then confined, the time when he or she shall have been first charged in custody, and the parties by whom, and the reasons and the amount for which, he or she shall at the time of presenting such petition be detained: and the said petition shall be subscribed by the prisoner with his name or mark, and shall forthwith be filed in the court to which it shall be presented; and if any person so imprisoned as aforesaid shall be jointly indebted, it shall be lawful for them to apply jointly by petition, in such manner as is hereinbefore mentioned.
Insolvent Persons delivering Property to a certain Value, may petition without being in Prison.
(6) And be it further enacted, that if any person or persons being so indebted as aforesaid, and who shall reside within the jurisdiction of either of the said Supreme Courts at Calcutta, Madras, or Bombay, shall find that he, she, or they is or are in insolvent circumstances, but that he, she, or they has or have some estate and effects of the amount of half his, her, or their debts, of which instant possession might be given to an assignee, it shall be lawful for such person or persons, without being in prison, to apply, jointly or severally, as the case may be, by petition to the court for the relief of insolvent debtors to be holden at those places respectively, and the petition or petitions shall be subscribed by the insolvent or insolvents with his, her, or their name or names, and shall be forthwith filed in the said court.
Petitioners jointly may be required to file sole Petitions.
(7) And be it further enacted, that when any such joint petition as is afore-mentioned shall be presented to any court for the relief of insolvent debtors, it shall be lawful for the court, if it shall see fit, to require and compel each of the insolvents to file a sole petition also, in order that upon one petition, and by the proceedings to be thereon taken, the court may dispose of the estates and effects belonging to all the insolvents jointly, and that upon the other petitions, and the proceedings to be thereon taken, it may dispose of the estates and effects belonging to each insolvent separately; and
if there shall be any residue of the joint estate and effects after payment of the joint debts, such residue shall be duly divided and paid over to the several assignees who shall have been appointed upon the sole petitions of those to whom such joint estate and effects shall have belonged, and in like manner if there shall be any residue of the separate estate and effects of any of the insolvents after the payment of his or her separate debts, it shall be paid over to the assignee or assignees who shall have been appointed upon the joint petition.
Fines, &c. not to be deemed Debts.
(8) Provided always, and be it further enacted, that no debt due to our Sovereign Lord the King, nor any fine, penalty, or forfeiture whatsoever, nor any recognizance whereby a debt is acknowledged to the King, nor any debt due on account of any fine, penalty, or forfeiture, nor any estreat, shall be deemed or taken to be such a debt or debts as to entitle any person or persons to petition as is before-mentioned, nor shall any person be entitled to receive any dividend for the same under this act, nor shall any such fines, penalties, forfeitures, recognizances, debts, or estreats, be in any way discharged or affected by any thing done under this act, otherwise than they might and would have been discharged or affected if this act had not been passed.
On presenting Petitions, Assignments to be made to Persons appointed by the Court.
(9) And be it further enacted, that the person or persons who shall present any such petition as is hereinbefore mentioned shall, at the time of presenting the same, execute an assignment to the common assignee, in such manner and form as the court shall direct, of all his, her, or their real and personal estate and effects, rights, dues, claims, choses in action, and interests, which he, she, or they shall then have or be entitled to, or which may in any way come to or be acquired by them before the court shall have made its final order in the matter of his, her, or their petition.
Acts of Insolvency on which Creditor may petition.
(10) And be it enacted, that if any person who by an act passed in the sixth year of the reign of his present Majesty, intituled an Act to amend the Laws relating to Bankrupts, or by any act hereafter to be passed, shall be deemed a trader liable to become bankrupt, having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall, upon such or any other arrest or commitment for debt, be in prison for twenty-one days, or having been arrested or committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him and not discharged; or if any such person shall depart from
1828. 19 July 9 Geo. 4, cap. 73.
from within the limits of the jurisdiction of any of the said supreme
Powers of the Court on Adjudication.
(11) And be it enacted, that upon such adjudication being made, such court shall be invested with the same powers and authorities with which such court would have been invested or might have exercised in case such insolvent had presented a petition for relief under this act, and all the real and personal estate and effects, rights, dues, claims, choses in action, and interests, which such insolvent shall then have or be entitled to, or which may in any way come to or be acquired by such insolvent before the court shall have made its final order in the matter of such petition, shall, by force of such adjudication, be vested in the common assignee of the said court, in like manner to all intents and purposes as if such insolvent had assigned the same under the directions of the said court: provided always, that in all cases where any adjudication of an act of insolvency shall have been pronounced by any court for the relief of insolvent debtors, it shall be lawful for such court, upon the petition of any person so adjudged to have committed an act of insolvency, complaining of such adjudication, and upon proof of notice to the creditor or creditors upon whose petition such adjudication shall have been pronounced, to appoint an early day for hearing such petition of complaint, and on such day, or on any future day to which such hearing may be adjourned, to hear such creditor or creditors and such complainant, by themselves or their counsel respectively, and to examine the evidence to be adduced by them respectively, and thereupon to revoke or confirm such adjudication.
Filing a Petition an Act of Bankruptcy.
(12) And be it enacted, that the filing of every petition by an insolvent debtor in any of the said courts for relief under this act,
whether such insolvent shall be in custody or not, and every such adjudication of an act of insolvency, shall be accounted and adjudged 9 Geo. 4, conclusive evidence of an act of bankruptcy committed by such insolvent, from the time of filing such petition or of such adjudication respectively, if such insolvent shall be a person subject to the laws then in force respecting bankrupts; and any creditor or creditors of such insolvent, whose debt or debts shall be of such sufficient amount to entitle him or them by law to petition for a commission of bankrupt, shall at any time within two months after notice of such petition or adjudication shall have been given in the London Gazette, as hereinafter directed, be at liberty to sue out a commission of bankrupt, in that part of the United Kingdom called England, against such insolvent, under which commission all such proceedings may be had and taken as are authorized and directed, or shall be authorized and directed, by the provisions of an act passed in the sixth year of the reign of his present Majesty, intituled an Act to amend the Laws relating to Bankrupts, or by any other act or acts hereafter to be passed respecting bankrupts, except as hereinafter provided.
Commission may issue on Proof of Debt by a Creditor.
(13) And be it further enacted, that when any creditor or creditors resident within the limits of the charter of the said United Company shall be desirous of suing out any such commission of bankrupt against any such insolvent, it shall be lawful for such person or persons to make proof of his, her, or their debt or debts before such court for the relief of insolvent debtors, which proof, if satisfactory to such court, shall be certified under the seal of such court; and the certificate thereof, on proof being made that the same is sealed with the seal of such court, shall be sufficient evidence of a petitioning creditor's debt to warrant the issuing of such commission, and also to authorize the commissioners under such commission to proceed thereon.
Assignees protected for certain Acts.
(14) Provided always, and be it further enacted, that in case of the issuing of any such commission of bankrupt against any such insolvent, such commission shall not in any manner affect, invalidate, or make void any of the proceedings of any court for relief of insolvent debtors, nor any of the acts or proceedings of any assignee or assignees appointed by such court, respecting any property or interest whatsoever of such insolvent, real or personal, within the limits of the charter of the said United Company, nor shall the assignee or assignees appointed under any such commission acquire any right or title to take possession of, demand, sue for, or recover any property or interest whatsoever, real or personal, of such insolvent, within the limits aforesaid; but the assignee or assignees appointed by such court for the relief of insolvent debtors shall
9 Geo. 4,
continue, and shall, notwithstanding such commission of bankrupt, 19 July, have full power and control over all the real and personal property of such insolvent within the limits aforesaid, and the distribution and management thereof, as effectually as if such commission of bankrupt had not issued; nevertheless it shall be the duty of any assignee or assignees appointed by such court, and the assignee or assignees chosen under the said commission, equally to come to account with each other, so as in the end that a dividend shall be rateably and proportionably made among all the creditors of the said insolvent, whether resident within the limits aforesaid or in the United Kingdom of Great Britain and Ireland.
Creditors whose Debts have been allowed to receive equal Dividend with others.
(15) And be it further enacted, that all the creditors of any such insolvent whose debts shall have been allowed in any court for the relief of insolvent debtors, shall be admitted as creditors under any such commission of bankrupt, for the purpose of receiving an equal dividend upon the estate of such bankrupt with the creditors who shall have proved their debts under such commission; and in like manner all creditors whose debts shall have been duly proved under any such commission of bankrupt, shall be admitted as creditors in such court for the relief of insolvent debtors, for the purpose of receiving an equal dividend upon the estate of such insolvent with the creditors whose debts shall have been allowed in such court.
Surrender of Persons declared Bankrupt.
(16) Provided always, and be it enacted, that when any such insolvent shall be declared bankrupt upon the sole ground of his having filed such petition for relief in the said court for relief of insolvent debtors, or of such adjudication of an act of insolvency as aforesaid, he shall not be required to surrender or be liable to any penalty for not surrendering himself to be examined under his commission, until forty-two days after he shall have come into some part of the said United Kingdom of Great-Britain and Ireland.
Certificate of Bankrupt how to be signed.
(17) And be it enacted, that it shall be lawful for any creditors of such insolvent, who shall have duly proved their debts under any such commission as aforesaid, and for the commissioners under such commission, if they shall be satisfied with such examination of such insolvent as shall have been had in any court for the relief of insolvent debtors, to sign the certificate of such bankrupt; and such certificate shall have the same force and effect in all places situate without the limits aforesaid, and in respect of all debts due to persons resident at any such places without the limits aforesaid, at