Filing petition an act

of bankruptcy, if

acted upon

and chattels of such sureties as the said Court shall by their order direct; and the amount so recovered shall be applied for the benefit of the creditors of such insolvent in like manner as if the same were part of his estate and effects; and the said Court may also issue a warrant authorizing any person or persons to be therein named to apprehend and arrest such insolvent, and deliver him into the custody of the gaoler or keeper in whose custody such prisoner was at the time when he was so discharged as aforesaid; and such gaoler or keeper is hereby required to receive such prisoner again into his custody; and all detainers which were in force against him at the time of such discharge, or which shall have since been duly lodged against him, shall thereupon be deemed to be in force: provided further, that any insolvent so discharged out of custody as aforesaid shall on his appearing before the said Court or commissioner or justices be deemed and considered, for all the purposes of this Act, in the custody in which he was at the time he was so discharged.

XXXIX. And be it enacted, that the filing of the petition of every person in actual custody, who shall be subject to the laws concerning bankrupts, and who shall apply by petition to the said Court. for his discharge from custody, according to this Act, shall be accounted and which case adjudged an act of bankruptcy from the time of order avoid- filing such petition; and that any fiat in bank

within a certain time; in

ed.

ruptcy issuing against such person and under which he shall be declared bankrupt before the time appointed by the said Court, and advertised in the London Gazette, for such prisoner to be brought up to be dealt with according to this Act, or at any time within two calendar months

from the time of making any such order as aforesaid, whether upon the petition of such prisoner or the petition of any such creditor as aforesaid, shall have the effect of divesting the said real and personal estate and effects of such person out of the said provisional assignee: provided always, that the filing of such petition shall not be deeined an act of bankruptcy unless such person be so declared bankrupt before the time so advertised as aforesaid, or within such two calendar months as aforesaid; but that every such order as aforesaid shall be good and valid notwithstanding any fiat in bankruptcy under which such person shall be declared bankrupt after the time so advertised as aforesaid, and after the expiration of such two calendar months as aforesaid.

avoided by

XL. Provided always, and be it enacted, that Order to be where the order vesting the estate and effects of filed any such prisoner in the provisional assignee of although the said Court, in pursuance of the provisions commission of this Act, shall be or become void by reason of bankof such prisoner being declared bankrupt within ruptcy; such period as above mentioned, or being an uncertificated bankrupt at the time of such order, the said order shall nevertheless, together with the petition of such prisoner, if any, remain of record in the said Court; and the said Court and Court shall and may require such prisoner to file his shall proschedule, and shall and may cause such pri- and adjudisoner to be brought up to be dealt with accord- cate as in ing to this Act, and all things to be done there- other cases. upon or preparatory thereto, as in other cases, according to this Act; and the said Court shall and may, at any time when it shall seem fit, appoint other assignee or assignees in such case in the same manner as in other cases; and that

ceed to hear

certificate,

to be the

If insolvent if, at any time after such vesting order shall obtains his have been made, such prisoner shall obtain his the rights of certificate under any such fiat in bankruptcy, assignees the rights, powers, title, and interest of the proafterwards visional assignee and other assignee or assame as in signees appointed under this Act, in, over, and other cases. respecting any property, real or personal, whatsoever, remaining to such prisoner after the obtaining of such certificate, or thereafter in any way coming to him, and under or in pursuance of the warrant of attorney to be executed by such prisoner under the provisions of this Act, shall from and after the obtaining of such certificate be the same as if the vesting order made under this Act had been valid at the time of the making thereof: provided always, that nothing herein contained shall be construed to affect the title, rights, and interests of the assignees under operation of any such fiat in bankruptcy, or to alter or certificate. diminish the effect of any such certificate as aforesaid, but that the title, rights, and interests of such last-mentioned assignees, and the benefit of such certificate to such prisoner, shall be the same to all intents and purposes as if this Act had not been made.

Not to affect

title of assignees of bankrupt, or

Prisoner not to be dis

charged for

want of

in his ac

XLI. And be it enacted, that no prisoner whose estate shall by an order under this Act have been vested in the said provisional assignee plaintiff shall, after the making of such order, be disproceeding charged out of custody, as to any action, suit, or process for or concerning any debt, sum of money, damages, or claim, with respect to which an adjudication can, under the provisions of this Act, be made by or by virtue of any supersedeas, judgment of non-pros, or judgment as in the case of a nonsuit, for want of the plaintiff or

tion.

plaintiffs in such action, suit, or process proceeding therein.

sion of

sell the same

out of pro

ceeds;

XLII. And be it enacted, that it shall be Provisional lawful for the provisional assignee of the said assignee to Court for the Relief of Insolvent Debtors to take take possespossession himself, or by means of a messenger estates, &c. of the said Court, or other person or persons vested in appointed by him, of all the real and personal him, and estate and effects of every such prisoner, vested if the Court in such provisional assignee by virtue of any directs; such order as aforesaid; and, if the said Court shall so order, to sell or otherwise dispose of such goods, chattels, and personal estate, or any part thereof, and of the real estate of such prisoner, according to the provisions hereinafter made with regard to the sale of such real estate, and out of the proceeds of such real and perso- paying the nal estate to defray, in the first place, all such expences costs and expences of taking possession or of seizing and selling the same, as shall be allowed by the said Court, and to account for the produce of such sale or disposition to the said Court; and it shall be lawful for the said pro- to sue in his visional assignee to sue in his own name, if the own name, said Court shall so order, for the recovering, directs. obtaining, and enforcing of any estates, debts, effects, or rights of any such prisoner; and all Property and every the real and personal estate, money, vested in and effects, vested in or possessed by such pro- his succesvisional assignee by virtue of such order as sor in office. aforesaid, shall not remain in him if he shall resign or be removed from his office, nor in his heirs, executors, or administrators in case of his death, but shall in every such case go to and be vested in his successor in office appointed by the said Court as aforesaid.

if the Court

him to go to

XLIII. And be it further enacted, that the said Court may

confine

expence of schedule.

order an al- Court for the Relief of Insolvent Debtors may lowance to order and direct such provisional assignee as prisoner during his aforesaid, or such assignee or assignees as are hereinafter mentioned, to pay to any such priment, or for soner, out of his or her estate and effects, such allowance for his or her support and maintenance during such prisoner's imprisonment, and previous to the adjudication in the matter of his petition, or for the expence of making out and filing his schedule, as to the said Court shall seem reasonable and fit.

Where prisoner is discharged

out of cus

to be valid.

XLIV. Provided always, and be it enacted, that in case any prisoner as to whose estate and effects any such vesting order as aforesaid shall tody, acts of have been made shall by the consent or default assignees of his detaining creditor or creditors be discharged out of custody without any adjudication being made in that behalf by the said Court for the Relief of Insolvent Debtors, all the acts done before such discharge by the said provisional assignee, or other assignee or assignees appointed as hereinafter provided, or other person or persons acting under his or their authority, according to the provisions of this Act, shall be good and valid; and that in such case, or in to be brought case such vesting order as aforesaid shall be against avoided by any fiat in bankruptcy thereafter isthem where suing against such prisoner, as hereinbefore assignment is avoided. provided, no action or suit shall be commenced against such provisional assignee, or against any assignee or assignees appointed under this Act, nor against any person duly acting under his or their authority, except to recover any property, estate, money, or effects of such prisoner, detained after an order made by the said Court for the delivery thereof and demand made thereupon.

No action