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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 enacted, 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 no Commission of Bankruptcy shall issue. (22) Provided always, and be it further enacted, that in all cases where an insolvent petitioning any such court for relief shall be possessed 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 assignees 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 insolvent under the provisions of this act.
Part of the Insolvent's Effects may be left in his Possession. After
(23) And be it enacted, that after the making of any such assignment as is hereinbefore directed, or 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
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.
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 persons by whom such estate or effects shall have been given up, a certificate 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, until the said courts respectively shall make order to the con-
(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
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 cap. 73. 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 for rent due before the filing of such petition or adjudication shall be made upon the goods or effects of any such insolvent or insolvents before the final order of the court shall have been made in the matter of the petition before the court, but the landlord or party to whom the rent shall be due shall be allowed to come in as a creditor, and receive any dividend or dividends in proportion to the amount of any reni due, in like manner as other creditors in proportion to the amounts of their respective dues.
Court may remove Assignees.-Suits not to abate. (30) And be it further enacted, that after any such assignment or conveyance as by the provisions of this act are required to be made to the common assignee of the court for relief of insolvent debtors, or after any such adjudication as aforesaid, it shall be lawful for the said courts respectively, at any time in their discretion, to appoint some other assignee or assignees, and when such new assignee or assignees shall have signified to the court his or their acceptance of the appointment, the estate, effects, rights, dues, claims, choses in action, interest, trusts, and powers, which shall have been assigned or conveyed, transferred to, or vested in such common assignee, shall immediately be assigned and conveyed by him to such new assignee or assignees as aforesaid, upon the same trusts and for the same purposes as they are before assigned and conveyed; and in case any assignee or assignees shall be unwilling to act, or in case of the death or incapacity or misconduct of any assignee or assignees, it shall be lawful for the court by which he or they shall have been appointed to order that any assignment or conveyance to him or them shall be vacated, and the same shall be vacated accordingly, but so nevertheless that no act or thing done prior to the order whereby they are vacated shall be annulled or in any way affected thereby ; and it shall also be lawful for the court to appoint a new assignee or assignees, with like powers and authorities, and to oblige any assignee or assignees so removed, and the heirs, executors, administrators, and assigns of any deceased assignee, to account for and deliver up all such estate and effects, books, papers, writings, deeds, and all other evidences relating thereto, as shall have come to his, her, or their hands by virtue of any assignment or conveyance made under this act, and the decision of the court thereupon shall be final and conclusive; and from and immediately after any such appointment as is aforesaid of any new assignee, all the estate, effects, rights, dues, claims, choses in action, interest, trusts, and powers assigned or conveyed to orvested in the assignee or assignees, in the room of whom such new assignee or assignees as aforesaid shall have been appointed, shall by virtue of such appointment be transferred to and become vested in such new assignee or assignees; and whenever an assignee shall die or be removed, or a new assignee or assignees shall be appointed as aforesaid, no action at law or suit in equity brought or defended by