At a Chancery Court holden at Castle Rushen, DISCONTINUANCE the 5th April, 1849.† OF THE COURT IN. respecting Guar and Committees scinded. It is hereby ruled and ordered, That the ordinary Chancery Court Rule of the 2nd heretofore held in the Month of August in each Year, be discon- March, 1848, tinued. And whereas by a Rule of this Court made on the 2nd dians of Minors March, 1848, it is directed that the several Coroners shall charge of Lunatics, reGuardians of Minors and Committees of Lunatics who have not returned their Accounts to the Rolls Office, to appear at the Chancery Court, to be held in the Month of August, to return their Accounts. It is further ordered that the said Rule of the 2nd March, 1848, be, and the same is hereby rescinded.§ CHARLES HOPE. At a Chancery Court holden at Castle Rushen, Guardians, the 5th April, 1849.|| WHEREAS by a Rule of the said Court made at Douglas, on the 2nd Rule of Court 2nd * By Stat. 17, Geo. 3, 1777, (Mill's Statute Laws, page 362,) the Court is empowered to make Rules and Orders as to its own Practice and Proceedings. † Chancery Book, 1849. Appendix to Gell's Statute Laws, page 212. See Rule of Court following. Chancery Book, 1849. May, 1823. GUARDIANS. List of Guardians and Committees who have not returned their Accounts to be made out by Clerk of the Rolls be tween the 1st tember, and all and Committees the Coroner to Day of May, 1823, it is ordered "That all Guardians appointed by this Court, do, between the 1st Day of May and the 1st Day of July, in each and every Year, return or transmit to the Rolls Office, full and particular Accounts of their Acts and Proceedings in their Capacities aforesaid, in order that such Accounts may be filed for the Benefit of all Parties concerned; and if any Guardian shall hereafter neglect to give in the said Accounts, he or she shall, after Service of this Rule by a Coroner or Lockman, be proceeded against for Contempt of the Authority of this Court."* And whereas the said Rule is not strictly attended to and observed whereby Minors and Lunatics may sustain Loss and Injury. It is therefore hereby ordered and ruled, that the Clerk of the Rolls shall annually, between the 1st Day of July and the 1st Day of September, make out and transmit to the several Coroners Lists of the Guardians of Minors and Committees of Lunatics, resident in their July and 1st Sep- several Sheadings, who have neglected to comply with the said Rule, such Guardians together with a Copy hereof; and the said Coroners shall within to be noticed by Seven Days from the Time of their receiving the same, serve this Rule upon the said Guardians and.Committees, and charge them to tober Court, and appear at the Chancery Court, to be held in the Month of October following, to return their Accounts; and in case any of the said Guardians or Committees after such Notice neglect to appear and return their Accounts at the said Court, such Guardian or Guardians, sued on their de- Committee or Committees, shall, unless good Cause be shewn for his, her, or their Neglect, be held to be in Contempt of this Court, and Writs of Contempt shall thereon be issued against him, her, or them, and placed in the hands of the Chief Constable of Castletown to be executed. appear at the Oc return their Accounts. Writs of Con tempt to be is fault. CHARLES HOPE. INSOLVENT DEB- Rule of Court, rescinded. At an Adjourned Chancery Court holden at Castle WHEREAS at a Special Chancery Court holden at Castle Rushen, the 22nd July, 1848, 22nd day of July, 1848,‡ certain Rules and Regulations were made and passed for the Purpose of carrying into Effect the Act for the Act of Tynwald, Relief of Insolvent Debtors.§ And whereas it has been thought 1, Geo. IV., 1820. expedient to rescind the said Rules and Regulations. It is therefore ordered and ruled, that the same be and they are hereby rescinded accordingly; except as to any Petitions which may have been ordered for hearing before the Date hereof. * Appendix to Gell's Statute Laws, page 208. † Chancery Book, 1850. ↑ Appendix to Gell's Statute Laws, page 213. § Mills's Statute Laws, page 493. TORS. Courts for the II. That Courts be held on the Friday immediately following the INSOLVENT Deb. First Thursday in the Months of March, June, October, and December, of each and every Year, and upon such other Days as may be hearing of Insolspecially appointed, for the Purpose of hearing and determining such vents' Petitions. Petitions as may be presented by Persons seeking to obtain the Bene fit of the Insolvent Act. Rolls Office with prisonment. III. That every Person desirous of taking the Benefit of the said Prisoner to lodge Act shall, within Twenty-one Days from the Time of his or her Schedules in Imprisonment, (unless good Cause be shewn to the contrary,) lodge in Twenty-one in the Rolls Office a Schedule, containing an Account of his or her Days after ImProperty and Effects, in Terms of the said Act; and another Schedule containing the Names of all Persons to whom he or she may be indebted, with the proper Additions and Residences of such Persons, together with the Amount of their respective Claims, and whether such Debt is admitted or disputed. But in case the proper Names, Additions, and Residences of any of such Creditors are unknown to the Person applying for the Benefit of the said Act, then the said Schedule shall set forth that the same are unknown, and shall contain the best Description of such Creditor or Creditors known to the Applicant; and such Schedules shall be accompanied by an Affidavit to the Truth thereof. ing. IV. That immediately after such Schedules are lodged, the Appli- Petition for hearcant shall present his or her Petition, (having a Counterpart of such Schedules attached thereto,) setting forth that his or her Schedules have been lodged, and praying to be admitted to the Benefit of the said Act; which Petition shall be ordered to be heard at such stated Court as the Governor may appoint. paper. V. That upon the Petition being ordered for hearing, Notice shall Notice in Newsbe inserted in One of the weekly Insular Newspapers, Three successive Weeks, stating that the Petitioner has applied for Relief under the said Act, and specifying the Day on which the said Petition is ordered to be heard. And in case any of the Petitioner's Creditors reside out of the Jurisdiction of this Court, a like Notice shall be inserted in the London Gazette. tors in the Island. VI. That the Petitioner shall give Notice of the hearing of his said Notice to Credi Petition to each of his or her Creditors resident within this Island; and to the acknowledged Agent or Agents of the Creditors not resident, One Week previous to such hearing, in the usual manner, by the Coroner or Lockman. tors off the Island, VII. That the Petitioner shall cause Notice of the hearing of his Notice to Credisaid Petition, to be given to each of his or her Creditors resident off this Island, who have not an acknowledged Agent within the same, or to be left with the Wife, Clerk, or Servant of such Creditor or Creditors, Fourteen Days previous to the hearing of such Petition; which Notice shall contain a Copy of the said Petition and Schedules, and may be proved by the Affidavit of the Person giving or leaving the same. INSOLVENT DEB TORS. Appointment of further Day for the final Deter mination of Pri soner's Case. VIII. That if it shall appear upon the day appointed for the hearing of the Prisoner's Petition, that he or she hath fully complied with the Rules of the Court, that then and in that Case another and further Day shall be appointed for the Examination of the Petitioner upon Oath, and the final Determination of his Case, to which Day the Petition shall be adjourned without further Notice. Provided, That if it appear on such First appointed Day that the Petitioner hath used due Diligence to have all proper Parties summoned to the Court, but that he hath been unable to effect the same, then and in that Case the said Petition shall be adjourned to another and further Day, for the Purpose of summoning such Parties not already before the Court, (and such Parties being duly summoned to such adjourned Court,) for the final Determination of the Petitioner's Case. IX. That every Person who has lodged his Schedules in the Rolls prevent Prisoner Office, and presented his Petition to the Governor or LieutenantGovernor, may proceed thereunder and obtain the Benefit of the said Act, notwithstanding the detaining Creditor may have discontinued or withdrawn his Action, Order, or Writ, after the said Schedules have been lodged and Petition presented, if it shall appear that such Action, Order, or Writ has been discontinued or withdrawn without Collusion with the Petitioner, and with a view to prevent his obtaining the Benefit of the said Act. Withdrawal of from taking the Benefit of Act. CHARLES HOPE. INSOLVENT DEB- Courts for the vents' Petition. At a Chancery Court holden at Castle Rushen, the 7th Day of October, 1852.* I. It is hereby ordered and ruled, That Courts be held on the hearing of Insol- Friday immediately following the First Thursday in the Months of March, June, October, and December, of each and every Year, and upon such other Days as may be specially appointed, for the Purpose of hearing and determining such Petitions as may be presented by Persons seeking to obtain Relief as Insolvent Debtors. Prisoner to lodge Rolls Office. Act of Tynwald, II. That every Person desirous of taking the Benefit of the Act I, Geo. IV., 1820. for the Relief of Insolvent Debtors, promulgated in the Year 1820,† Schedules in the shall lodge in the Rolls Office a Schedule, containing an Account of his or her Property and Effects, in Terms of the said Act; and another Schedule containing the Names of all Persons to whom he or she may be indebted, with the proper Additions and Residences of such Persons, together with the Amount of their respective Claims, and whether such Debt is admitted or disputed. But in case the proper Names, Additions, and Residences, of any such Creditors are unknown to the Person applying for the Benefit of the said Act, then the said Schedule shall set forth that the same are unknown, Chancery Book, 1852. + Mills's Statute Laws, page 493. TORS. and shall contain the best Description of such Creditor or Creditors INSOLVENT DEBknown to the Applicant; and such Schedules shall be accompanied by an Affidavit to the Truth thereof. III. That immediately after such Schedules are lodged, the Appli- Petition for cant shall present his or her Petition, (having a Counterpart of such hearing. Schedules attached thereto), setting forth that his or her Schedules have been lodged, and praying to be admitted to the Benefit of the said Act, which Petition shall be ordered to be heard at such stated Court as the Governor or Lieutenant-Governor may appoint. once 16 Vict. 1852. IV. That upon a Petition under the said Act, or under the Act to Notice in Newsalter and amend the Law relative to Insolvent Debtors, promulgated papers. in the Year 1852,* being ordered for hearing, Notice shall be Act of Tynwald, inserted in each of the Newspapers printed and circulating within this Isle, stating that the Petitioner has applied for Relief as an Insolvent Debtor, and specifying the Day on which the said Petition is ordered to be heard. V. That the Petitioner shall give Notice of the hearing of his said Notice to CreditPetition to each of his or her Creditors resident within this Island, ors in the Island, and to the acknowledged Agent or Agents of the Creditors not resident, One Week previous to such hearing, in the usual Manner, by the Coroner or Lockman; and the Petitioner shall cause Notice of Notice to Creditthe hearing of his said Petition to be given to each of his or her ors off the Island. Creditors resident off the Island, who have not an acknowledged Agent within the same, or to be left with the Wife, Clerk, or Servant of such Creditor or Creditors, Fourteen Days previous to the hearing of such Petition; which Notice shall contain a Copy of the said Petition and Schedules, and may be proved by the Affidavit of the Person giving or leaving the same. And the Creditors to whom, or to whose Agent, Wife, Clerk, or Servant, Notice shall have been given in Terms of these Rules, shall be deemed to have received due Notice of the hearing of the said Petition, and be legal Parties before the said Court, on the Day for which they have received Notice to appear, and on each subsequent Court Day to which the said Petition may be continued or adjourned. further Day for the final Deter Petitioner's Case VI. That if it shall appear, upon the First or any subsequent Day Appointment of appointed for the hearing of any such Petition, that the Petitioner hath fully complied with the Rules of the Court, then, and in that mination of Case, another Day shall be appointed for the Examination of the Petitioner upon Oath, and the final Determination of his Case, to which Day the Petition shall be adjourned without further Notice. But if it appear on such First or subsequently appointed Day, that the Petitioner hath used due Diligence to have all proper Parties summoned to the Court, and that he hath been unable to effect the same; or if it appear that the said Petition or Schedules require Amendment, then, and in that Case, the said Petition shall be con * Page 196. S |