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'cap. 73.

any

1828. continue, and shall, notwithstanding such commission of bankrupt, 19 July; have full power and control over all the real and personal property 9 Geo. 4,

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 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

the

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the date of such certificate, as if the same had been duly signed in the usual way, after such bankrupt had duly surrendered and passed his last examination.

Choice of Assignees. (18) Provided always, and be it further enaeted, that no creditor of such insolvent who shall be resident within the limits aforesaid, excepting only the petitioning creditor or creditors, in case he, she, or they shall be so resident, shall be entitled to vote in the choice of the assignee or assignees to be appointed under any such commission of bankrupt or otherwise, respecting the matters to be transacted under such commission of bankrupt, nor shall be reckoned among the creditors of the bankrupt in number or value whose signature is required by law to the certificate of such bankrupt.

Partnership Creditors. (19) Provided also, and be it enacted, that in all cases where any one member of a partnership to which any such insolvent shall be indebted shall be resident within the limits aforesaid, such partnership shall be accounted and taken as a' creditor resident in the East-Indies, for the purposes of this act.

Notices to be inserted in the Gazettes. (20) And be it further enacted, that the principal officer of the respective courts for relief of insolvent debtors shall cause notices to be inserted in the Gazettes of the respective presidencies within which such courts shall be holden, of every petition which shall be filed in any of the said courts by any insolvent for relief under this act, and of every such adjudication of an act of insolvency, and of every confirmation or revocation thereof, forthwith after the filing such petition or pronouncing such adjudication, or such confirmation or revocation thereof respectively; and that the chief secretary of the Government of the said presidencies respectively shall, without delay, transmit to the Court of Directors of the said United Company, by different ships, two or more copies at least of every such Gazette which shall contain any such notice as aforesaid, who shall, without delay, after the receipt thereof, cause such notice to be inserted in the London Gazette.

Production of Gazette containing such Notice sufficient Evidence. (21) And be it enacted, that the production of the London Gazette containing any such notice as aforesaid shall be deemed and taken by all commissioners of bankrupt, and all courts whatsoever, to be sufficient evidence of the filing of the petition of such insolvent in such court for relief of insolvent debtors, and of such adjudication of an act of insolvency, and of such confirmation or revocation thereof.

When

1828.

When no Commission of Bankruptcy shall issue. 19 July,

(22) Provided always, and be it further enacted, that in all cases
9 Geo. 4,
cap. 73. where an insolvent petitioning any such court for relief shall be pos-

sessed of any real or personal estate in the United Kingdom of Great
Britain and Ireland, and no commission of bankrupt shall be sued out
as hereinbefore mentioned, it shall be lawful for the assignee or assig-
nees of the said insolvent, appointed by any such court, to proceed,
either by himself or themselves, or by any person duly authorized for
that purpose by power of attorney, to get possession of such real and
personal estate, and to dispose of the same in the most beneficial
manner, and to administer the proceeds thereof among the creditors
of the said insoivent under the provisions of this act.

or

Part of the Insolvent's Effects may be left in his Possession.- After
Assignment made, Insolvent to put Assignees into possession of Estate.

(23) And be it enacted, that after the making of any such assign-
ment as is hereinbefore directed, after

any such adjudication of insolvency as aforesaid, it shall be lawful for any such court to direct that so much of the wearing apparel, household furniture, working tools, and other necessaries of the insolvent or insolvents, and of his, her, and their family or families, as shall be fitting and suitable to his, her, or their condition and circumstances, may be left in his, her, or their possession until the further order of the court, not exceeding in value in the whole the sum of one thousand sicca rupees : provided always, that when any person or persons shall have executed

any

such assignment without being in custody, he, she, or they shall be required forthwith to put the assignee or assignees into possession of his, her, or their estate and effects of the amount of half their debts; and the assignee or assignees who shall be so put into possession shall, according to the best of his or their knowledge and belief, forthwith certify the same to the court by which he or they shall have been appointed; and until such assignee or assignees shall have so certified, no such order as is hereinbefore mentioned, for leaving part of the effects of such insolvent or insolvents in his, her, or their possession, shall be made, nor any other step taken towards granting the prayer of the petition of the insolvent or insolvents, or any part thereof.

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Insolvent protected from Arrest.
(24) And be it enacted, that when any assignee or assignees shall
have so certified as is last hereinbefore mentioned, it shall be lawful
for the said courts for relief of insolvent debtors at Calcutta, Madras,
and Bombay respectively, to grant and deliver, to the person or per-
sons by whom such estate or effects shall have been given up, a certi-
ficate or certificates of his, her, or their having delivered to his, her,
or their assignee or assignees, property which is believed to be of the
amount of half their debts; and every such last-mentioned certificate

shall,

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shall, until the said courts respectively shall make order to the con-
trary, have the effect of protecting the person to whom it shall be so
given from being arrested for debt within the limits of the towns of
Calcutta, Madras, and Bombay respectively, or any other place
within the limits of the charter of the said United Company to which
such person shall resort with leave of the said courts respectively,
signified in writing; and if any such person shall, contrary to the
aforesaid provisions, be arrested for debt, and the officer who shall
have arrested him or her shall, after having seen such last-mentioned
certificate and leave, refuse to discharge such person, he shall forfeit
to the same person fifty sicca rupees for every day he shall detain him
or her, which sum or sums may be recovered by action of debt in any
of his Majesty's courts of record within the jurisdiction of which the
arrest shall have been made, and such action shall be brought in the
name of the person so detained, who, if he shall recover in such action,
shall also have full costs of suit.
Court may discharge Debtors from Prison on payment of half their Debts.

(25) And be it enacted, that when any person or persons being in custody shall have executed any such assignment as is hereinbefore mentioned, if he, she, or they shall in like manner put the assignee or assignees to whom the assignment shall have been made into possession of his, her, or their estate or effects of the amount of half their debts, and the assignee or assignees of such prisoner or prisoners shall have certified the same to the court for relief of insolvent debtors, in such manner as hereinbefore is mentioned, and the court shall be satisfied of the truth thereof, it shall be lawful for such court to discharge such person or persons from custody, and to grant and deliver to him, her, or them the like certificate and leave, which shall have the like consequences and effects in protecting him, her, or them from being arrested for debt : provided always, that it shall at all times be lawful for such court to revoke and annul such certificate or leave, if it shall appear to such court that such certificate or leave hath been unfairly obtained or improperly used.

General Effect of Assignment. (26) And be it enacted, that every such assignment as is hereinbefore mentioned shall have the effect of conveying or transferring to and of vesting in the assignee or assignees, who shall have been appointed by the court and named in the assignment, the whole estate and effects, real and personal, and all rights, duties, claims, choses in action, interests, and property whatsoever, which at the time of executing the assignment shall belong to the insolvent or insolvents, either solely or jointly with any other person or persons, or which shall come to or be required by him, her, or them, or to which he shall be or become entitled in reversion, remainder, or expectancy, before the court shall have made an order for the discharge of such insolvent or

insolvents

cap. 73.

1828. insolvents from all liability as hereinafter mentioned, and the effect 19 July, also of entitling and empowering the assignee or assignees to give such 9 Geo. 4,

discharges for debts due to such last-mentioned person or persons as may be requisite; and every such assignment as is hereinbefore mentioned shall be in trust for the benefit, in proportion to their respective dues and just claims, of all the creditors of the person or persons executing the assignment.

Offices, Appointments, and Benefices. (27) And be it further enacted, that if any insolvent at the time of making any such assignment as is hereinbefore mentioned shall hold any public office, appointment, or benefice, civil, military, or eccesiastical, under the crown of the United Kingdom if Great Britain and Ireland, or under the said United Company, and if his interest in such office or appointment shall be such that he might lawfully sell the same, such interest for the purpose of sale shall, by the asssignment, be transferred to and vested in the assignee or assignees in trust for the benefit of his creditors, and if his interest therein shall not be such as he might lawfully sell, then it shall be lawful for the said court to order the said insolvent to pay such proportion of his receipts therefrom to his assignee or assignees as the said court shall think just and right.

Voluntary Preference fraudulent and void.
(28) And be it enacted, that if any insolvent who shall file his or
her petition for his or her discharge under this act, or if any trader
who shall be adjudged to have committed an act of insolvency on
the petition of any such creditor or creditors as aforesaid, being in
insolvent circumstances, shall voluntarily convey, assign, transfer,
charge, deliver, or make over any estate, real or personal, security
for money, bond, bill, note, money, property, goods, or effects
whatsoever, to any creditor or other person whomsoever, or to any
person in trust for or to or for the use, benefit, or advantage of any
creditor or other

person
whomsoever, every

such

conveyance, assignment, transfer, charge, delivery, and making over, if made within two months before the date of such petition, or with the view or intention, by the party so conveying, assigning, transferring, charging, delivering, or making over, of petitioning the said court for his or her discharge from custody under this act, or of committing such act of insolvency, shall be deemed and is hereby declared to be fraudulent and void, as against the common or other assignee or assignees of such prisoner appointed under this act.

No Distress for Rent to be made after Assignment. (29) And be it enacted, that after any such assignment shall be made by any petitioner or petitioners, as hereinbefore mentioned, or after any such adjudication of an act of insolvency as aforesaid, no

distress

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