directed as to the Election of Assignees by Creditors; and no Act or Thing done prior to the Order whereby such Appointment is so vacated shall be annulled or in any way affected.

XIX. And be it enacted, That no Remuneration whatever, No Remunewhether in the Shape of Commission or otherwise, shall be ration to be received by received by any Assignee, except in the Manner nor beyond Assignee, the Extent herein-after allowed; (that is to say,) the Court except as herein may allow a fair Remuneration to the Assignee or Assignees provided. out of the Sum to be distributed as Dividends, and make an Order accordingly: Provided always, that the Court shall not have Power to order any Remuneration to be made to any Assignee or Assignees chosen by the Creditors unless the Creditors shall at the Time of the Election declare that some Remuneration is to be made to the Assignee or Assignees chosen by them, and at what Rate such Remuneration is to be made, and in such Case the Court shall have Power to reduce, but not to increase, the Amount of such last-mentioned Remuneration.

veyance or

XX. And be it enacted, That on every Appointment of a Estate to vest, new Assignee the Estate, Effects, Rights, and Powers which without Con would otherwise remain or be in the former Assignee or Assignment, in Assignees shall immediately, by virtue of such Appointment, new Assignee. and without any Conveyance or Assignment in any Case whatever, vest in the actual Assignee or Assignees, in trust for the Benefit of the Creditors of such Insolvent, in respect of and in proportion to their respective Debts, according to the Provisions of this Act; and all Books, Papers, Deeds, and Writings in any way relating to the Estate and Effects of the Insolvent shall be transferred to and deposited with such Assignee or Assignees as last aforesaid, and from Time to Time, on each Change of Assignees, shall be transferred to the Possession of the Assignee or Assignees for the Time being of such Insolvent; and the Court shall have Power to compel any Assignee or Assignees whose Appointment may be vacated, or the Heirs, Executors, Administrators, or Assigns of any Person once appointed such Assignee and deceased, to account for and deliver up all such Estates and Effects, Books, Papers, Writings, Deeds, and all other Evidences relating thereto, as shall have come to his or their Hands, and the Decision of the Court thereupon shall be final and conclusive; and whenever any Assignee shall die, or be removed from his Office, and any other Assignee or Assignees shall be appointed as aforesaid, no Action at Law or Suit in Equity brought or defended by him or them in the Character of Assignee or Assignees shall be thereby abated, but upon the Suggestion of each such Death, Removal, or new Appointment, such Action or Suit shall be prosecuted or defended in the Name of the existing Assignee or Assignees, and any Real and Personal Estate, Money and Effects, vested in or possessed by any Official Assignee 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 [No. 13. Price 2d.]

N

in

Power of
Assignees.

After Vesting Order, no Dispreviously due shall be made,

tress for Rent

but Landlord to prove for the Amount.

Property in the
Order and

deemed his Property.

in his Successor in Office, by Relation, from the Time of his
Resignation, Removal, or Death, as the Case may be; and
every
such Appointment of any Assignee other than the Official
Assignee shall be entered of Record of the said Court, and
such Notice thereof shall be published as the said Court shall
direct, and every such Assignee so appointed shall be liable to
the Control of the Court, in like Manner as any Officer of the
said Court.

XXI. And be it enacted, That every such Assignee as aforesaid shall with all convenient Speed take possession, by himself, or by means of Messengers of the Court, or by other fit and proper Persons, of all the Real and Personal Estate and Effects of the Insolvent of which immediate Possession may be obtained, and shall use his best Endeavours to seize, obtain, recover, and reduce into Possession, as speedily as possible, the rest of such Estate and Effects, and all Debts, Claims, and Choses in Action, which by virtue of his Appointment under this Act, and of the Vesting Order or Adjudication aforesaid, he shall have been empowered to obtain, recover, and get in.

XXII. And be it enacted, That after any such Vesting Order shall be made as aforesaid no Distress for Rent due before such Vesting Order shall be made upon the Goods and Effects of the Insolvent; but the Landlord or Party to whom the Rent should be due shall be entitled to prove, in respect of such Rent so due as aforesaid, whether the same shall or not be inserted in the Schedule of the Insolvent, and to receive a Dividend in respect of the said Rent, and shall not, unless the Petition of such Insolvent be dismissed, or the Adjudication be reversed, be entitled to distrain for the said Rent.

XXIII. And be it enacted, That if any such Insolvent shall, at the Time of filing his Petition, or at the Time of filing the Disposition of Insolvent to be Petition on which an Adjudication of Insolvency shall be made by the Consent and Permission of the true Owner thereof, have in his Possession, Order, or Disposition any Goods or Chattels whereof such Insolvent is reputed Owner, or whereof he has taken upon him the Sale, Alteration, or Disposition as Owner, the same shall be deemed to be the Property of such Insolvent, so as to become vested in the Official Assignee of the Court by the Order made in pursuance of this Act; provided that no Assignment or Transfer of any Ship or Vessel, or any Share thereof, made as a Security for any Debt either by way of Mortgage or Assignment, duly registered according to the Provisions of any Act or Acts of Parliament now in force or hereafter to be passed, for the registering of British Vessels, shall be invalidated or affected by reason of such Possession, Order, or Disposition of the same as aforesaid.

Mortgages of
Ships or Vessels,

or Shares
thereof duly

registered, not to be invalidated

or affected.

Fraudulent
Conveyances,

&c. made by
Insolvent
within Two
Months before
Insolvency, to
be void.

XXIV. And be it enacted, That if any Insolvent who shall file his Petition for his Discharge under this Act, or who shall be adjudged to have committed an Act of Insolvency, 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,

r

Creditor, or to any other Person in trust for or to, or for the
Use, Benefit, and Advantage of any Creditor, every such Con-
veyance, Assignment, Transfer, Charge, Delivery, and making
over, if made when in insolvent Circumstances, and within Two
Months before the Date of the Petition of such Insolvent, or
of the Petition on which an Adjudication of Insolvency may
have proceeded, as the Case may be, or if made with the View
or Intention, by the Party so conveying, assigning, transferring,
charging, delivering or making over, of petitioning the said
Court for his Discharge from Custody under this Act, or of
committing an Act of Insolvency, shall be deemed and is hereby
declared to be fraudulent and void as against the Assignees of
such Insolvent.

the Name of

XXV. And be it enacted, That if any such Insolvent as Government aforesaid shall at any Time before he shall have obtained his Stocks, Funds, &c. standing Discharge in the Nature of a Certificate herein-after mentioned in the Name of be entitled to or possessed of, in his own Right, any Govern- Insolvent to be ment Stock, Funds, or Annuities, or any of the Stocks or transferred to Shares in any public Company, either in England, Scotland, or Assignee. Ireland, or the Territories under the Government of the East India Company, it shall be lawful for the said Court, upon the Application of any Assignee or any Creditor of such Insolvent whose Debt or Demand against such Insolvent shall have been admitted or established in the Matter of the said Insolvency, whenever it shall deem fit so to do, to order all Persons whose Act or Consent is thereto necessary to transfer the same into the Name or Names of such Assignee or Assignees as aforesaid; and all such Persons whose Act or Consent is so necessary as aforesaid are hereby indemnified for all Things done or permitted pursuant to such Order: Provided always, that in all Transfers into the Name or Names of any such Assignee or Assignees, the Transferee or Transferees shall be described as Assignee or Assignees of the Estate and Effects of the Insolvent, and no Dividend shall be paid to, nor any future Transfer made by, any Person of any such Stock, Funds, Annuities, or Shares, except under a Power of Attorney, in the usual Form required for the Receipt of Dividends upon or Transfer of such Stock, Funds, Annuities, and Shares respectively, duly executed by such Assignee or Assignees, and attested by Two credible Witnesses, Öne of whom shall be an Officer of such Court for Relief of Insolvent Debtors, and to which Attestation the Seal of such Court shall be affixed.

to transfer the

XXVI. And be it enacted, That in case any Person shall, Persons holding after any suck Insolvent shall have petitioned for his Discharge Insolvent, Property of under this Act, or have been adjudged to have committed an except Stocks, Act of Insolvency, and before the said Insolvent shall have &c., or inobtained his Discharge in the Nature of a Certificate as herein- debted to him, after mentioned, be possessed of or have under his Power or same, and make Control any Property whatsoever of such Insolvent, other than Payment of any such Government Stock, Funds, or Annuities as aforesaid, Debts to the Assignee. or other than any of the Stock or Shares in any public Company either in England, Scotland, or Ireland, or within the

N 2

Limits

Offices, &c.

held by Insol

vent, if unsaleable, may be charged with proportionate Payment to Assignee, if saleable shall vest in As. signee.

Power of Assignee, with Consent of

Creditors, to take Composition, and to submit Dis. putes, &c. to Arbitration.

Powers of Assignee to institute and defend Actions and Suits.

Proviso as to Persons in Partnership

with Insolvent.

Limits aforesaid, or to which such Insolvent may be in any way entitled, either under any Trust, express or implied, or otherwise held for his Use and Benefit, or in case any such Person shall be at any such Period indebted to such Insolvent, it shall be lawful for the said Court, upon the Application of any Assignee or any Creditor of such Insolvent whose Debt or Demand shall have been admitted or established in the Matter of the said Insolvency, to cause Notice to be given to such Person, directing him to hold and retain the said Property till the said Court shall make further Order concerning the same; and thereupon it shall be lawful for the said Court further to order such Person to deliver over such Property, and to pay such Debts as aforesaid, or any Part thereof, to the Assignee or Assignees of the Estate and Effects of such Insolvent, for the general Benefit of the Creditors of such Insolvent; and such Delivery and Payment shall be made accordingly in obedience to such Order, and such Person shall by such Payment and Delivery, so made in pursuance of such Order of the said Court, be discharged in respect of such Property and Debts against all Persons whatsoever to all Intents and Purposes.

XXVII. And be it enacted, That if any such Insolvent as aforesaid shall, at any Time before he shall obtain his Discharge in the Nature of a Certificate as herein-after mentioned, hold any public Office, Appointment, or Benefice, Civil, Military, or Ecclesiastical, not saleable, or shall be in any Situation or Employment whatsoever in respect of which he shall receive any Salary or Emolument, or shall be in the Receipt of any Pension, then shall be lawful for the said Court to order the said Insolvent to pay such Proportion of his Receipts therefrom to his Assignee as the said Court shall think right; and all saleable Offices, Appointments, or Benefices shall vest, by virtue of the Vesting Order as aforesaid, in the Official Assignee, in trust for the Creditors of such Insolvent as aforesaid.

XXVIII. And be it enacted, That it shall be lawful for the Assignee or Assignees, with the Leave of the Court first obtained, upon Application to such Court, and by and with such Notice to such Creditors as it shall think fit to direct, to take such reasonable Part of any Debts due to the Insolvent as may by Composition be gotten, in full Discharge of such Debts, and to submit to Arbitration any Difference or Dispute between the Assignee or Assignees and any other Person or Persons for or on account or by reason of any thing relating to the Estate and Effects of such Insolvent.

XXIX. And be it enacted, That it shall be lawful for the Assignee or Assignees, with Leave of the Court first obtained, to commence, prosecute, or defend any Suits or Actions at Law or in Equity which the Insolvent might have commenced and prosecuted or defended, and to defray the Costs to which he may be put in respect of such Suits or Actions out of the Proceeds of the Estate and Effects of the Insolvent; and if there be any Partner of the Insolvent who hath not joined in the Petition, it shall be lawful for the Court to authorize the Assignee

Assignee to join such Partner with himself as Plaintiff in such Suit or Action; and if such Partner shall execute any Release of the Debt or Demand for which such Suit or Action is brought, the Release shall be void: Provided always, that such Partner, if he shall take no part in the Prosecution or Defence of such Suit or Action, shall not be liable to pay Costs in respect of the same; and it shall be lawful for such Court, upon the Application of such Partner, to direct that he may receive so much of the Proceeds of such Action or Suit as the said Court shall direct.

XXX. And be it enacted, That all Powers vested in any Powers of Insolsuch Insolvent which he might lawfully execute for his Benefit vent vested in Assignee for shall be and are hereby vested in the Assignee or Assignees of the Benefit of the Real and Personal Estate of such Insolvent or Insolvents Creditors. by virtue of this Act, to be executed by his Assignee or Assignees, for the Benefit of his Creditors.

Insolvent's

XXXI. And be it enacted, That the Assignee or Assignees Assignee to shall, with all convenient Speed, make Sale of the Property and make sale of Effects of the Insolvent: Provided nevertheless, that the said Estate. Court shall have full Power and Authority, upon the Appli- Court may cation of any Insolvent, or any Creditor or Mortgagee of such delay or postInsolvent, to delay or postpone the Sale of any Property, and pone the Sale. to make such other Order respecting the same as to such Court

shall seem meet.

Power vested in the Court as

vents entitled

rests therein.

XXXII. And whereas Insolvents may be entitled to An- Discretionary nuities for their own Lives, or other uncertain Interests, or 'to reversionary or contingent Interests, or may have made to immediate Advances of Money for the Cultivation of Lands, or may be Sales of Prointerested in Property in other Ways under such Circum- perty of Insol'stances that an immediate Sale and Payment of their Debts to Annuities, or may be very prejudicial to them and to their Creditors, and contingent or it may be proper in some Cases to defer the Sale of their uncertain Inte Property, or some Parts thereof, and to put it under tem'porary Management, or to authorize the raising of Money by way of Mortgage or otherwise for Payment of the Debts or Part of the Debts of an Insolvent, and for defraying the Expenses attending the Execution of this Act, instead of selling for such Purpose;' be it enacted, That in all such Cases it shall be lawful for the said Courts for the Relief of Insolvent Debtors at any Time to take into consideration all Circumstances affecting any Property of the Insolvent which shall have been vested under the Provisions of this Act; and if it shall appear to any Court that it would be reasonable to make any special Order touching the same, it shall be lawful for such Court so to do, and to direct that so much of the said Property as it may be expedient not to sell immediately according to the Provisions of this Act shall not be so sold, and from Time to Time to order and direct in what Manner such Property shall be managed for the Benefit of the Creditors of such Insolvent, until the same can be properly sold, or until Payment of such Creditors be effected according to the Provisions of this Act, and to make such Order touching the Sale or Disposition or