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ceedings under the said petition, from bringing any suit or action in the East-Indies, for the purpose of obtaining execution against the goods, estate, or effects of such insolvent, for any unsatisfied claim of such creditor, nor from bringing any suit or action for such claim in any court of the United Kingdom of Great Britain and Ireland, or elsewhere without the limits of the said United Company's charter, against such insolvent, in the same manner, and with the like consequences and effects, as if such order as last-mentioned had not been made.
Remedy for unlawful Proceedings against Petitioner. (64) And be it further enacted, that if after the making of any such order as last aforesaid any insolvent shall, contrary to the tenour of the same, and to the true intent and meaning of this act, be sued in any court whatsoever, it shall be lawful for such person to plead such order, and to give an office copy thereof in evidence; and if such person shall thereupon obtain a verdict or decree in his or her favour, or if the bill shall be dismissed for want of prosecution, or there shall be judgment of nonsuit, the defendant or defendants shall also be adjudged to have treble costs. Petitioner may be arrested, 8c. till period of Adjudication of Discharge.
(65) Provided always, and be it enacted, that in all cases where it shall have been adjudged that any such insolvent shall be so discharged and be entitled as aforesaid at some future period, such insolvent shall be subject and liable to be detained in prison, and to be arrested and charged in custody, at the suit of any one or more of his creditors with respect to whom it shall have been so adjudged, at any time before such period shall have arrived, in the same manner as he or she would have been subject and liable thereto if this act had not passed : provided nevertheless, that when such period shall have arrived such insolvent shall be entitled to the benefit and protection of this act, notwithstanding that he or she may have been out of actual custody during all or any part of the time subsequent to such adjudication, by reason of such prisoner not having been arrested or detained during such time or any part thereof.
Court may order detaining Creditor to pay Prisoner a fixed Sum.
(66) And be it further enacted, that in all cases where such insolvent shall, upon such adjudication as aforesaid, be liable to further imprisonment at the suit of his or her creditor or creditors, or any or either of them, it shall be lawful at any time for the court by which such adjudication shall be pronounced, on the application of such insolvent, to order such creditor or creditors at whose suit he or she shall be so imprisoned to pay to such insolvent such sum or sums of money, not exceeding the rate of five sicca rupees by the week in the whole, at such times, and in such manner, and in such proportions as
1828. such court shall direct; and that, on failure of payment thereof, as 9 Geo. 4,
il directed by such court, such court shall order such insolvent to be cap. 73. forthwith discharged from custody at the suit of the creditor or creditors so failing to pay the same.
Special Provisions for Insolvent Married Women. (67) And be it further enacted, that if any married woman, being a prisoner, or in insolvent circumstances, within the intent and meaning of this act, shall petition to be discharged for any debt or debts under the provisions of the same, it shall be lawful for any court for the relief of insolvent debtors to which such petition shall be presented to receive the same, without requiring such married woman to execute such conveyance or assignment as may be lawfully required for other petitioners according to the provisions of this act, but instead thereof such court shall require such married woman to execute a conveyance and assignment for vesting in an assignee or assignees appointed by such court, all property, real and personal, to which she may be entitled for her separate use, whether in possession, remainder, reversion, or expectancy, or over which she shall have any power or disposition notwithstanding her coverture, or which shall be vested in any trustees or trustee, or other person or persons, for her benefit, and to deliver up all personal estate and effects of which she shall have the actual possession, except such as she may be permitted by such court to retain, subject only to such right, title, or interest as her husband may have in the aforesaid real and personal property; all which acts she is hereby empowered to do without her husband, notwithstanding her coverture, so nevertheless as not to prejudice any right of her husband in such real and personal estate and effects respectively; and all such estate and effects, real and personal, in posession, reversion, or remainder, shall, by such conveyance and assignment so to be executed under the order of such court, be as effectually vested in the assignee or assignees as the same might have been vested in such assignee or assignees by the conveyance or assignment of such woman if she had been sole and unmarried, subject only to the rights of her husband therein as aforesaid ; and all provision in this act contained, touching the real and personal estate of any petitioner or petitioners seeking to be relieved under the authority of the same, shall apply to such real and personal estate and effects of such married woman, in the same manner as the same would apply to such personal estate.
Insolvent Lunatics. (68) And be it further enacted, that if any such prisoner for debt · as aforesaid shall be or become of unsound mind, and be therefore in
capable of taking the benefit of this act, in such manner as he or she might have done if of sound mind, the gaoler or keeper of the prison wherein the prisoner shall be shall give information thereof to the
1828. 19 July,
Cod. cap. 73.
court for the relief of insolvent debtors of the presidency wherein such prison shall be situated, which court shall thereupon issue a commission to some competent person or persons to inquire, examine, and report to such court touching and respecting the state of the prisoner's mind; and such court may either confirm or set aside the report of such commissioner or commissioners, and may, if it think fit, make further inquiry by examination of witnesses upon oath ; and if such court shall conclude that the prisoner is of unsound mind, it shall be lawful for such court, at the instance of any person of persons on behalf of such prisoner, to order notice to be twice inserted in the gazette of such presidency, and in such notice to specify and direct that application will be made to such court for the discharge of such prisoner on a day to be specified in such notice, being twenty days at least from the first time of publication of such notice; which notice, together with service of the notice on the creditor or creditors at whose suit such prisoner shall be detained in custody, or his, her, or their attorney, shall be deemed sufficient to authorize such court to proceed to the discharge of such prisoner, and such court shall proceed accordingly, and discharge such prisoner : provided always, that all and every estate, right, title, interest in law and equity, real and personal, power, bencfit and emolument whatsoever, which if such prisoner were of sound mind could and ought to be assigned by such prisoner pursuant to the provisions of this act, shall, by force and virtue of the order for the discharge of such prisoner, be vested in the common or other assignee or assignees appointed by such court, as fully and effectually, and in the same manner, and with all and every the same consequence and effect, both in fact and law, as if such prisoner had been of sound mind, and had duly conveyed the same to such common or other assignee at the time and in the manner in this act provided.
Warrants of Attorney and Cognovits void unless filed in Six Weeks.
(69) And be it further enacted, that after the time appointed for this act to take effect, every warrant of attorney to confess judgment in any personal action, in any of his Majesty's courts of record within the British territories under the government of the said United Company, and every cognovit actionem given by any defendant in any personal action which shall be pending in any of the said courts, shall, within six weeks after the execution of such warrant or cognovit, be filed, together with an affidavit of the time of the execution thereof, with the prothonotary or other proper officer of the court in which the judgment is confessed or the action is pending ; and every such war. rant of attorney and cognovit actionem as aforesaid, which shall not be so filed as aforesaid, shall be deemed fraudulent, null and void, to all intents and purposes; and if any warrant or cognovit which shall be so filed as aforesaid shall have been given subject to any defeazance or condition, such defeazance or condition shall be written on the same paper or parchment on which such warrant or cognovit shall be written,
Julle · 9 Geo. 4,
before the time when it shall be filed, otherwise such warrant or cognovit shall be null or void to all intents and purposes.
Prothonotary, &c. to keep Books for the Registry of Warrants, fc.
(70) And be it further enacted, that the prothonotary or other proper officer of his Majesty's Court of Record within the British territories under the government of the said United Company shall cause every warrant of attorney and cognovit actionem in any personal action filed in his office, to be numbered, and shall keep a book or books in his said office, in which he shall cause to be fairly entered an alphabetical list of all such warrants and cognovits, according to the form of a schedule annexed to an act passed in the third year of his present Majesty, intituled, An Act for preventing Frauds upon Creditors by secret Warrants of Attorney to confess Judgment; which book or books, and every warrant of attorney and cognovit actionem filed as aforesaid, shall be searched and viewed at all times, upon payment of the fees lawfully established.
Court may order Memorandum of Satisfaction to be indorsed. (71) And be it further enacted, that it shall be lawful for the court in which any such warrant or cognovit is filed to order a memorandum of satisfaction to be written upon any such warrant or cognovit, if it shall appear to such court that the debt for which such warrant or cognovit was given as a security shall have been satisfied or discharged.
Penalty for Perjury. (72) And be it further enacted, that if any person, in any proceeding, examination, affidavit, or affirmation had or taken under this act, shall wilfully and corruptly swear or affirm falsely, it shall be lawful for any court before which any such person shall be convicted of any such offence by due course of law, to order and adjudge such person, if convicted in the said United Kingdom, to be transported for any term not exceeding seven years, or if convicted in the East-Indies, to be transported to such place and for such term as the court shall direct, or in either case to order and adjudge that such person shall be imprisoned and fined, or imprisoned or fined only, for such time, and to such amount, and in such manner, as the same court shall direct.
Penalty for Embezzlement or Concealment of Effects. (73) And be it further enacted, that if any insolvent or other person shall wilfully and fraudulently embezzle or conceal any part of the real and personal estate or effects of any insolvent or insolvents who shall have filed a petition for relief, or against whom any petition shall have been filed in any of the said courts for the relief of insolvent debtors, such person shall be guilty of a misdemeanor ; and it shall be
lawful for any court before which any such person shall be convicted of any such offence by due course of law, to order and adjudge that such person shall be transported to such place and for such term of years as the said court shall direct, or to order and adjudge that such person shall be imprisoned and fined, or imprisoned or fined only, for such time, and to such amount, and in such manner, as the same court shall direct.
Application of Fines. (74) And be it further enacted, that whenever any person or persons shall have been ordered and adjudged, under the provisions of this act, to pay any fine for any forgery, perjury, embezzlement, or concealment, and such fine shall have been paid, it shall be lawful for any assignee or assignees in whom the estate and effects of any insolvent or insolvents shall be duly vested, according to the provisions of this act, to apply to the court by which such fine shall have been imposed; and if it shall be proved to the satisfaction of the same court that the creditors for whose benefit the said assignee or assignees shall hold in trust the said estate and effects have been defrauded, or have incurred loss, by means of such forgery, perjury, embezzlement, or concealment, the said court by which the said fine shall have been imposed shall pay the same, after deducting the costs of prosecution, to the said assignee or assignees for the use and benefit of the said creditors : provided always, that if no such application shall be made by such assignee or assignees within one year after any such fine shall have been paid, it shall be lawful for the court by which such fine shall have been imposed, to appropriate, apply, and pay over such fine to such uses, purposes, and persons, and in such manner as any other fine imposed by the same court, for any forgery, perjury, or other crime or misdemeanor, may be lawfully appropriated, applied, and paid over.
Mode of taking Affidavits. (75) And be it enacted, that all affidavits and affirmations to be used before any court for the relief of insolvent debtors, or any officer of such court, shall and may be sworn and affirmed before such court, or any commissioner or other person appointed by such court for that purpose, or any judge or commissioner for taking affidavits in any of his Majesty's courts of record within the limits of the said United Company's charter, or before any master or master extraordinary in chancery in England or Ireland, or any magistrate authorized to take affidavits or affirmations in Scotland. Person having had Benefit of Act, not to have it again within Five Years.
(76) Provided always, and be it further enacted, that no person who shall have been at any time discharged by virtue of this act, shall again be entitled to the benefit thereof within the space of five years after