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1828. appointed for this act to take effect, any person who shall be in
, 9Geo. , prison within the respective limits of the towns of Calcutta, Madras,
and Bombay, for debt, damage, costs, or money which such
without being in Prison.
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 1828 payment of the joint debts, such residue shall be duly divided and
9 Geo. 4, paid over to the several assignees who shall have been appointed cap. 73. 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
1828. 19 July 9 Geo. 4,
rupees, or for
from within the limits of the jurisdiction of any of the said supreme courts with intent to defeat or delay his or her creditors, it shall be lawful of any creditor to whom such person shall be indebted to the amount of one thousand sicca
two creditors to whom such person shall be indebted to the amount of one thousand five hundred sicca rupees, or for any three or more creditors to whom such person shall be indebted to the amount of two thousand sicca rupees, to present a petition to the Insolvent Debtors Court of the presidency within which such person shall have been imprisoned or have resided previously to such departure as aforesaid, stating the amount of the debt or debts due to such creditor or creditors from such person, and the nature of his trading, and such act of lying in prison or departure as aforesaid, and praying that such court would proceed in like manner as if such person had petitioned such court for relief under this act ; whereupon such court shall inquire into the truth of such petition, and if such court shall be satisfied thereof, such court shall adjudge the same to be true, and that such person has committed an act of insolvency
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 sh 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 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
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
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