to render Ac crints to the Court. LI. And be it further enacted, That the Assignee or Assignees Assignees of all such Insolvents as are hereinbefore mentioned shall keep Accounts of the Property, Debts, and Credits of such Insolvents, whether belonging or due to or from such Insolvents solely, or jointly with any other Person or Persons, wherein they shall enter all Property of the Insolvents received by them, and all Payments made by them; which Accounts any Creditors may inspect at all seasonable Times; and it shall be lawful for the Courts for the Relief of Insolvent Debtors at all Times to summon the Assignees before them, and require them to produce all Books, Papers, Deeds, Writings, and other Documents in their Possession, which in any way relate to the Petition of the Insolvent or Insolvents; and if such Assignee or Assignees so summoned shall not come before such Courts respectively at the Time appointed, or shall not bring with him or them such Documents as are afore mentioned, it shall be lawful for such Courts respectively to issue Attachments, and to cause such Assignee and Assignees to be brought before them, and to commit such Assignee or Assignees to Prison until he or they shall submit to the Court by which he or they shall have been summoned. LII. And be it further enacted, That whenever it shall appear Court shall by the Accounts of any Assignee or Assignees that a Dividend declare Divimay be beneficially made amongst the Creditors, it shall be law- dends. ful for any Court for the Relief of Insolvent Debtors to summon before it the Assignee or Assignees, and to direct that such Public Notice as to the Court may seem meet shall be given of a further Hearing of the Petition on a Day certain, for the Purpose of making a Dividend; and on the Day so fixed the Insolvent or Insolvents, and Assignee or Assignees, and any Creditors who shall be willing to do so, shall attend the Court, and all Objections to the Schedule of the Insolvent or Insolvents, and to the Accounts or Conduct of the Assignees, and any Claims of any Creditors which shall not have been previously determined, shall be then heard and determined, either by such Court immediately, or upon a Reference to the Examiner or other proper Officer of such Court; and it shall be lawful for such Court to examine the Insolvent or Insolvents, Assignees, and any Witnesses, on Oath, and either at that Time to declare a Dividend, and to direct that the same shall be paid by the Assignee or Assignees, or to postpone such Declaration and Direction of the same until a further Hearing, and to make such Order in the Matter of the Petition, and respecting the same, as shall be most conducive to the Attainment of the Benefit intended by the several Provisions of this Act. No Dividend to joint Cre ditors from LIII. Provided always, and be it enacted, That it shall not be lawful for such Court to order any Dividend to be made amongst the joint Creditors out of the separate Estate, until the separate Creditors shall have been paid in full, nor to order separate Estate any Dividend until separate to be made to the separate Creditors out of the joint Estate, until Creditors paid all the joint Creditors shall have been paid in full; in which in full, nor latter Case it shall be lawful for such Court to order such Divi- è converso. dend to be made among the separate Creditors, out of such Interest in the joint Estate as such Insolvent shall appear to be rately entitled to. sepa LIV. Pro A certain Part of an Insol vent's Property to be reserved for a limited Time. Court to direct what is to be done with the Money of absent Creditors. Assignees to make Compen sation to the Petitioners or their Creditors, LIV. Provided always, and be it further enacted, That unless it shall appear, upon reasonable Proof to be made to the Satisfaction of such Court for the Relief of Insolvent Debtors, and be so certified by such Court, that all the Property of the Insol vent is situate, and all the Debtors and Creditors resident, within the Limits of the Charter of the said United Company, then, until the Expiration of Twelve Calendar Months from the Notice in the London Gazette of the Petition of any Insolvent, as hereinbefore mentioned, the Assignee or Assignees appointed by such Court shall reserve the full Amount of One Third Part of the Property of the said Insolvent collected in and received by such Assignee or Assignees, and shall make a Dividend among the Creditors of the said Insolvent to the Amount of the remaining Two Third Parts only, which Third Part so to be reserved as aforesaid shall in the meantime be invested or disposed of in such Way as such Court shall order, and shall not remain in the Hands of such Assignee or Assignees; and at the Expiration of the said Term of Twelve Calendar Months it shall be lawful for the Assignee or Assignees of such Insolvent to apply to such Court for a Return of the said Third Part so reserved as aforesaid, in order that the same may be so distributed among the Creditors, as to place them all upon an equal Footing; and upon such Third Part so reserved as aforesaid being restored to such Assignee or Assignees, such Assignee or Assignees shall forthwith proceed to take an Account of the Debts of the said Insolvent, and of the Sum or Sums which shall or may have been paid by way of Dividend to any of such Creditors, and shall distribute the Fund then in the Hands of such Assignee or Assignees, so as to place all the Creditors of the said Insolvent, whether Indian or British, upon a just and equal Footing, and so as that every Creditor shall receive a rateable and proportionable Part of the Assets of the said Insolvent, according to the Amount of his Debt, and whether such Debt be inserted or omitted in the Schedule, or whether the same shall have been rightly inserted or not, and without reference to the Time at which such Debt shall have been claimed. LV. And be it further enacted, That if any Creditor whose Claim shall have been established in any Court for the Relief of Insolvent Debtors shall not appear, by himself, his Attorney or Agent, at the making of any Dividend, nor shall make Application to receive his, her, or their Share thereof, the Assignee or Assignees shall certify the same to such Court at its First Sitting after the making of the Dividend; and it shall be lawful for the Court to direct in what Manner, and by whom, and upon what Conditions, the Money so due to such Creditor or Creditors shall be kept for or paid to him, her or them, or to his, her, or their lawful constituted Attorney. LVI. And be it further enacted, That if any Assignee or Assignees shall neglect to account, or to pay any Difference which shall have been ordered by any Court for the Relief of Insolvent Debtors, or in any other respect shall neglect his or their Duty as Assignee or Assignees, it shall be lawful for such Court to summon such Assignee or Assignees, and to enquire into such occasioned by Neglect, and if such Court shall be of opinion that the Insolvent or Insolvents, or his, her, or their Creditors, have suffered any In for any Losses which may be their Mis conduct. jury jury by the Fault of the Assignee or Assignees, it shall be lawful for such Court to order the Assignee or Assignees to make such Compensation for the same as to such Court shall seem fit; and in default of the Assignee or Assignees obeying the Summons of such Court, or making such Compensation as shall be ordered by such Court, it shall be lawful for such Court to commit the Assignee or Assignees who shall have so offended to the Common Gaol, there to remain without Bail until he or they shall obey the Order of such Court; or to levy, by Distress and Sale of the Offender's Goods, so much as shall be sufficient to make the Compensation which shall have been ordered by such Court. In certain Cases, Discharge to be at any Period not later than Three Years from petition LVII. And be it further enacted, That in case it shall appear to any Court for the Relief of Insolvent Debtors, that any such Insolvent has fraudulently, with Intent to conceal the State of his or her Affairs, or to defeat the Objects of this Act, destroyed, or otherwise wilfully prevented or purposely withheld the Production of any Book, Paper, or Writing relating to such of his or her Affairs as are subject to Investigation under this Act; or kept or ing. cause to be kept false Books, or made false Entries in, or withheld Entries from, or wilfully altered or falsified, any such Book, Paper, or Writing; or that such Insolvent has fraudulently, with Intent of diminishing the Sum to be divided among his or her Creditors, or of giving an undue Preference to any of the said Creditors, discharged or concealed any Debt due to or from the said Insolvent; or made away with, charged, mortgaged, or concealed any Part of his or her Property, of what kind soever; then it shall and may be lawful for such Court to adjudge that such Insolvent shall be so discharged, and so entitled as aforesaid, so soon as he or she shall have been in Custody, at the Suit of some one or more of the Persons as to whose Debts and Claims such Discharge is so adjudicated, for such Period or Periods, not exceeding Three Years in the whole, as such Court shall direct, to be computed from the Date of his or her Petition. LVIII. And be it further enacted, That in case it shall appear to any such Court that such Insolvent shall have contracted any of the Debts fraudulently, or by means of Breach of Trust, or by means of false Pretences, or without having any reasonable or probable Expectation, at the Time when contracted, of paying the same; or shall have put any of his or her Creditors to any unnecessary Expence, by any vexatious or frivolous Defence or Delay to any Suit for recovering any Debt or any Sum of Money due from such Insolvent; or shall be indebted for Damages recovered in any Action for Criminal Conversation with the Wife or for seducing the Daughter or Servant of the Plaintiff in such Action, or for Breach of Promise of Marriage made to the Plaintiff in such Action, or for Damages recovered in any Action for a Malicious Prosecution, or for a Libel, or for Slander, or in any other Action for a Malicious Injury done to the Plaintiff therein, or in any Action of Tort or Trespass to the Person or Property of the Plaintiff therein, wherein it shall appear, to the Satisfaction of such Court, that the Injury complained of was malicious; then it shall and may be lawful for such Court to adjudge that such Insolvent shall be so discharged and so entitled as aforesaid forthwith, excepting as to such Debts, Sum or Sums of Money, In other Cases, Discharge to be at any Period not later than Two Years from petitioning. Court may order Costs in Money, or Damages as above mentioned; and as to such Debt or Debts, Sum or Sums of Money, or Damages, to adjudge that such Insolvent shall be so discharged and so entitled as aforesaid as soon as he or she shall have been in Custody, at the Suit of the Person or Persons who shall be Creditor or Creditors for the same respectively, for a Period or Periods not exceeding Two Years in the whole, as such Court shall direct, to be computed as aforesaid. LIX. And be it further enacted, That whenever any Creditor or Creditors opposing such Insolvent's Discharge shall prove, to certain Cases to the Satisfaction of any such Court, that such Insolvent has done be paid to or committed any Act for which upon such Adjudication as aforeCreditors out of Insolvent's said he or she may be liable to remain in such Custody as aforeEstate. said for a Period not exceeding Three Years, to be computed as aforesaid, such Court shall adjudge the Taxed Costs of such Opposition to be paid to such opposing Creditor or Creditors, out of the Estate and Effects of such Prisoner, by his or her Assignee or Assignees, before any Dividend made thereof; and in all other Cases of Opposition to an Insolvent's Discharge being substantiated or effectual, it shall be lawful for such Court to adjudge in like Manner, if it shall seem fit; and that in case it shall appear to such Court that the Opposition of any Creditor to any such Insolvent's Discharge was frivolous and vexatious, it shall and may be lawful for such Court to award such Costs to such Insolvent as shall appear to be just and reasonable, to be paid by the Creditor or Creditors making such Opposition, which shall be paid accordingly. Costs in Cases of frivolous Opposition. Court to make Order pursuant to Adjudication, and issue Warrant. Proviso. LX. And be it enacted, That where, in the Matter of any such Petition heard before any such Court, any Adjudication shall have been made by such Court for Discharge of any Insolvent, Order shall be made accordingly by the said Court in pursuance of such Adjudication, and such Court shall also issue a Warrant or Warrants to the Gaoler accordingly, ordering the Discharge of such Insolvent from Custody as to the Detainers under which he or she shall then be confined, or which shall be lodged against him or her before he or she shall be out of Custody, the same being for Debts in respect of which such Adjudication shall have been made; and that every such Order of Adjudication shall take Effect as from the Day on which the Adjudication shall have been made in that Behalf; and that every such Adjudication, and Certificate thereof, and Order thereupon, may be made without specifying therein any such Debt or Debts, or Sum or Sums of Money, or Claims as aforesaid, or naming therein any such Creditor or Creditors as aforesaid, excepting so far as shall be necessary in any Case in order to distinguish between the Creditors as to whom any such Insolvent may be adjudged to be so discharged and entitled as aforesaid forthwith, and the Creditors as to whom he or she may be adjudged to be so discharged and entitled at some future Period: Provided nevertheless, that in all Cases the Detainer or Detainers with respect to which any such Insolvent shall have been adjudged to be discharged out of Custody, he or she being then in Custody thereupon, shall be specified in the Warrant of such Court to be delivered to the Gaoler in that Behalf. LXI. And and Order to be final, unless obtained on false Evidence, Rehearing. LXI. And be it further enacted, That every such Adjudi- Adjudication cation for Discharge of any Insolvent as aforesaid by any such Court as aforesaid, and the Order thereupon, so made as aforesaid, except in Cases of Appeals, shall be final and conclusive, and shall not be reviewed by such Court, unless such Court shall &c. in which thereafter see good and sufficient Cause to believe that such Ad- Case Court judication has been made on false Evidence, or otherwise im- may order a properly made or fraudulently obtained; in which Case it shall and may be lawful for such Court, upon the Application of such Insolvent, or of any Creditor of such Insolvent, to order such Insolvent, upon due Notice, to be given to such Persons and in such Manner as the said Court shall direct, to attend or to be brought up, and the said Matter to be reheard before the said Court, who shall thereupon rehear the same, and shall and may, if just Cause shall appear, annul the original Adjudication and Order thereupon made in such Case, and shall have the same Powers and Authorities upon such Rehearing as upon any original Hearing in pursuance of this Act, and may adjudicate in such Matter accordingly; and thereupon, in case the former Adjudication in the said Matter shall not be confirmed, such Order, Certificate, and Warrant shall be made as required by this Act to be made upon such original Adjudication; and the said Court shall and may, if necessary, remand the said Insolvent to the same Custody in which he or she was at the Time of the former Hearing, there to be subject to Imprisonment as if the former Adjudication therein had not been made; and thereupon all Detainers which were in force against such Insolvent at the Time of his or her former Discharge from Custody shall be deemed to be still in force against him or her, as if such former Adjudication had not been made; and the Gaoler and Keeper of the Prison to which such Insolvent shall be so remanded shall and is hereby required to receive such Insolvent into his Custody, in pursuance of such Remand, for doing which the Order of Remand in such Case shall be his sufficient Warrant; and where in any Case such Insolvent shall refuse or neglect to appear before such Court, according to such Order for rehearing as aforesaid, a Copy whereof shall have been duly served on such Insolvent, it shall and may be lawful for such Court to order such Insolvent to be apprehended, and committed to Custody to such Prison, and to issue its Warrant accordingly, and to cause such Insolvent to be brought up for Examination as often as to such Court shall seem fit: Provided always, that where upon such Rehearing it shall appear to such Court that such Insolvent is not entitled to the Benefit of this Act until some future Period, according to the Provisions herein contained, the said Court shall and may, if it shall appear reasonable, adjudge the Discharge of such Insolvent at such future Period, to be calculated without including the Time during which such Insolvent shall have been out of Custody since the Time appointed for his or her Discharge by such former Adjudication as aforesaid. LXII.' And Whereas the Estate, both Real and Personal, of Ff |
