s. 18.

soner vested in

assignee ap

pointed under

this act; who

may sue, &c. for

the same.

such questions as shall be put to him relating to the discovery of his estate, it shall be lawful for [*the commissioner, &c.] by warrant under his hand and seal, to commit him to [+the common gaol of any county or place,] there to remain without bail or mainprize, until he shall submit himself to [*such commissioner,] and answer upon oath or otherwise as shall be required, to all such lawful questions as shall [*by such commissioner] be put, or ordered to be put to him for the purposes aforesaid.

By s. 18. all the estate, right, title, interest and trust of Estate of pri- every prisoner discharged by virtue of this act, of, in, and to all the real estate, [‡ as well freehold as copyhold or customary,] and of, in, and to all the personal estate, debts and effects of such prisoner, shall, immediately after the order of such court for his discharge, be vested in the person or persons to whom the same shall be directed to be assigned, &c. as aforesaid, in case such person, &c. shall accept the same; and the assignment, &c. which shall be so made shall be without stamps, and shall, together with this act, be effectual to vest the estate therein comprised in such assignee, &c. his heirs, executors, administrators and assigns, according to the estate and interest which the prisoner had therein; and every such assignment, &c. shall be in trust for the creditors against whom such prisoner shall have so obtained his discharge, in respect of and in proportion to the debts justly due to them respectively; and such assignee may sue from time to time in his own name, for the recòvery and obtaining possession of any estate, &c. of such prisoner, and also execute any power vested in or created for the use and benefit of such prisoner, and give the requisite discharges to any persons indebted to such prisoner: provided that nothing herein upon prisoner's shall prejudice or affect any estate, &c. of any person other than such prisoner, expectant upon or subject to any estate or interest of such prisoner vested in such assignee as aforesaid. And by s. 19. every such assignee shall,

Proviso as to

estates expectant

cstate.

8. 19.

*such court," in 53 Geo. 3. c. 138. I.

with

"any prison within the jurisdiction of snch court," in 55 Geo. 3. c. 138. I.

These words omitted in 53 Geo. 5. c. 158. I.

the same within

and place of

1.

with all convenient speed after his accepting such assign- Assignees to get
in prisoner's
ment, &c. use his best endeavours to receive and get in estate, and sell
the estate and effects of every such prisoner, and make 2 months after
sale of such estate, &c. and if any such prisoner shall be in- assignment.
terested in or entitled to any real estate, either in posses-
sion, reversion or expectancy, the same, within 2 months
after such assignment, &c. shall be sold by public auction,
in such manner, and at such place or places as the major
part of the creditors entitled to the benefit thereof (who Notice of time
shall assemble together on any notice in writing published.
in the [* London] Gazette, and in some daily paper printed
and published in [*London, or within the bills of mortality,]. Dublin," in
if the prisoner, before his going to prison, resided in [*Lon- 53 Geo.3.c. 158.
don, or within the bills of mortality,] and if such prisoner
resided elsewhere, then in † some printed newspaper which
shall be published and generally circulated in or near the
county, &c. or place in which such prisoner resided before
he was committed to prison, 30 days before such sale shall
be made,) shall, under their hands, approve; and every
such assignce, at the end of 3 months at farthest from the Dividend made
time of his accepting any such assignment, and so from after assign-
time to time as occasion shall require, shall make a fair
dividend of all the prisoner's estate, &c. then recovered,
amongst the creditors from whose demand he shall be
discharged, in proportion to their just debts; but before Account to be
such dividends shall be made, such assignee shall make up previously
an account of such prisoner's estate, and make oath in rified upon
writing [before an officer of said court to be appointed for
that purpose, or] before one justice (or more) of the peace
[ of the county, &c. in which] such assignee shall reside,
that such account contains a fair and just account of the Notice of divi-
estate and effects of every such prisoner got in by or for dend published.
such assignee, and of all payments made in respect thereof,
and that all payments therein charged were truly and bona
fide made and paid, which account so sworn shall be made
and filed with the proper officer of said court, and notice
of the making of every such dividend shall be published
in like manner as a meeting of the creditors is herein-before
directed

The 53 Geo. 3. c. 138. I. here adds " in the Dublin Gazette, and in,"
These words omitted in 53 Geo. 3. c, 138. I.
"within whose jurisdiction," in 55 Geo. 3. c. 138. I.

within 3 months

ment.

stated and ve

oaih.

Debts how proved.

s.20.

prisoner, or

may order, &e.

directed to be published, 30 days at least before such dividend shall be made; and no creditor shall be allowed to receive any share of such dividend until he shall have made due proof of his debt by oath before some such justice or justices of peace; and if such prisoner, or his assignee, &c. or any of his creditors, shall object to any debt so claimed, the same shall be examined into by said Power of court for investigating court, who shall have full power, for that purpose, to redisputed claims. quire and compel the production of all books, papers and writings, which may be necessary to be produced, as well by the person claiming such debt, as by the prisoner or his assignee, and to examine all such persons and their witnesses on oath, and take all the measures necessary for the due investigation of such claim; and the decision of said court upon such claim shall be conclusive with respect to any dividend of the effects of such prisoner under this act. And by s. 20. in case the prisoner, or any of the Upon the appli- creditors against whom he shall have obtained his discation of any charge, shall be dissatisfied with the account of any asereditor, court signee, rendered upon oath as aforesaid, or in case any Assignee shall neglect to render such account, or to dispose of the property or collect the effects of such prisoner, or shall waste or mismanage the estate, &c. of such prisoner, or neglect to make a due distribution thereof, it shall be lawful for such court, upon the application of such prisoner, or of any such creditor as aforesaid, to require - such assignee to render such account on oath as directed by this act, if not before rendered, and to examine any such account, and to inquire into any waste, mismanagement or neglect of the estate, &c. of such prisoner, and direct a proper administration thereof, and ascertain the produce of such estate, &c. and direct the distribution thereof accordingly, and to require and compel the production of all books, papers and writings necessary for such purposes, and to examine all parties and their witnesses on oath, as the case may require, and to take all such measures as shall be necessary for the compelling the rendering of such account, and the due investigation thereof, and the proper distribution of the effects of such prisoner according to this act, and to award costs against

assignee to account, &c. and award costs.

any

court final.

s. 21.

Creditors, by

able in futuro,

rupts.

Proviso as to

s. 22.

bear interest

any of the parties as justice shall require; and the deci- Decision of said sion of said court upon all such matters shall be final. By s. 21. every creditor of any prisoner discharged by virtue of this act for any sum of money payable by way of an- annuity or nuity or otherwise, at any future time or times, by virtue otherwise, payof any bond, covenant, or other security, shall be entitled to receive divito be admitted a creditor, and to receive a dividend, in dends as banksuch manner, and upon such terms, as he would have been entitled to by the laws now in force, if such prisoner had become bankrupt, and without prejudice in future to the respective securities, otherwise than as the same would have been affected by proof made in respect thereof, by the creditor under a commission of bankrupt, and a certificate obtained by the bankrupt under such commission, but subject to the terms of the engagement of such engagement of prisoner. prisoner for future payment of his debts, as herein-before directed. By s. 22. from the date of any such order of discharge as aforesaid, all interest on any debt bearing in- Debts not to terest shall cease; but if it shall appear to the satisfaction from time of prisoner's disof said court that the estate and effects alone of such pricharge, unless soner, or together with his future estate, &c. are not only specially ordersufficient for payment of the principal of all the debts of such prisoner payable thereout under this act, together with all other debts of such prisoner, and to afford him competent means of future subsistence, but are so considerable as to render it fit that interest should be allowed on debts bearing interest, it shall be lawful for said court to order such interest to be paid accordingly, and to fix the time from which such interest shall be computed, having regard to the unproductive state of the effects of such prisoner, during the administration thereof under the authority of this act. By s. 23. no suit in law or equity shall be commenced by any assignee of such prisoner's Assignees not to estate, without the consent of the major part in value of without consent the creditors of such prisoner, who shall meet together of major part of pursuant to a notice for that purpose, to be given at least 10 days before such meeting, in the [*London Gazette,] or « Dublin," in other newspaper as herein-before required, previous to the 53 Geo.3.c.158. sale of any estate of such prisoner. By s. 43. it shall s. 43. be lawful for any assignee, &c. with the consent of the Assignees with

major

ed.

s. 25.

commence suits

creditors.

I.

consent of major part of creditors

may compound major part in value of the creditors, who shall be present debts, or refer them to arbitra- at a meeting to be had on 21 days' notice being previously

tion.

53 Geo.5.c.138.

I,

given for that purpose in the [*London] Gazette, if the prisoner was in custody in [+London, or within the weekly * Dublin," in bills of mortality] at the time of his discharge, and if not then in some newspaper which shall be published and circulated in the county, &c. in or near which such prisoner shall have been so in custody, to make composition with any person, who shall be a debtor or accountant to such prisoner, and to take such reasonable part of any debt as can upon such composition be gotten, in full discharge of such debt, and also to submit to arbitration any difference or dispute between such assignee and any person, on account or by reason of any matter relative to the estate, &c. of such prisoner. Provided (s. 25.) that Discharge of nothing in this act shall prevent any mortgage, charge, or affect mortgages lien upon the estate of such prisoner, or any part thereof, &c. nor super made prior to his discharge, to take place upon the lands, delivered before &c. or personal estate, &c. comprised in or charged or

S. 25.

prisoner not to

sede executions

discharge.

affected by such mortgage, &c. nor to prevent any statute staple, statute merchant, recognizance, or judgment acknowledged by or obtained against such prisoner, prior to such discharge, to take place upon the lands, tenements, or real estates of such prisoner; and also where any inquisition shall have been taken upon any statute or recognizance, or any writ or execution shall have been taken out and delivered to the sheriff or proper officer upon any Euch judgment, before such prisoner shall have obtained hisdischarge, his personal estate shall be subject thereto, for so much as shall remain due, upon such estate, &c. as if this act had not been made. And whereas a prisoner who Powers of leas. may be entitled to the benefit of this act, may be seised ing, &c. of pri- and possessed of, or entitled to lands, &c. to hold to him for the term of his life, or other limited estate, with power of granting leases [‡either at rack rents, or taking fines and reserving small rents, for one, two, or three lives, in possession or reversion, or for some number of years determinable

s. 26.

saner vested in assignee.

"in the county of Dublin, or county of the city of Dublin." în 53 Geo. 3. c. 138. I.

These words omitted in 53 Geo. 3. c. 138. I.