Majesty's Courts of Bankruptcy, that such debt or debts is or are justly due to him or them respectively, and that such debtor, as he or they verily believe, is such trader as aforesaid, and shall cause him to be served personally with a copy of such affidavit or affidavits, and with a notice in writing requiring immediate payment of such debt or debts: and if such trader shall not within twenty-one days after personal service of such affidavit or affidavits and notice pay such debt or debts, or secure or compound for the same to the satisfaction of such creditor or creditors, or enter into a bond, in such sum and with such two sufficient sureties as a Commissioner of the Court of Bankruptcy shall approve of, to pay such sum or sums as shall be recovered in any action or actions which shall have been brought, or shall hereafter be brought, for the recovery of the same, together with such costs as shall be given in the same, or to render himself to the custody of the gaoler of the court in which such action shall have been, or may be, brought, according to the practice of such court, or within such time and in such manner as the said court or any judge thereof shall direct, after judgment shall have been recovered in such action; every such trader shall be deemed to have committed an act of bankruptcy on the twenty-second day after service of such affidavit or affidavits and notice; provided a fiat in bankruptcy shall issue against such trader within two calendar months from the filing of such affidavit or affidavits, but not otherwise. of Equity and Court of Review to have the effect of judg ments. Sect. 18.-And be it enacted, that all decrees and orders Decrees and Orders of Courts of Courts of Equity, and all Rules of Courts of Common Law, and all orders of the Lord Chancellor, or of the Court of Review in matters of Bankruptcy, and all orders of the Lord Chancellor in matters of Lunacy, whereby any sum of money, or any costs, charges, or expences, shall be payable to any person, shall have the effect of judgments in the superior Courts of Common Law, and the persons to whom any such monies or costs, charges or expences, shall be payable, shall be deemed judgment creditors within the meaning of this act and all powers hereby given to the judges of the superior Courts of Common Law, with respect to matters de pending in the same courts, shall and may be exercised by Courts of Equity, with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of Bankruptcy, and by the Lord Chancellor in matters of Lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons, to whom any monies or costs, charges or expences, are by such Orders or Rules respectively directed to be paid. Sect. 19.-Provided always, and be it further enacted, that no judgment of any of the said superior Courts, nor any decree or order in any Court of Equity, nor any rule of a Court of Common Law, nor any order in Bankruptcy or Lunacy, shall by virtue of this Act affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name, and the usual or known last place of abode, and the title, trade, or profession of the person whose estate is intended to be affected thereby, and the Court and the title of the cause or matter in which such judgment, decree, order, or rule shall have been obtained or made, and the date of such judgment, decree, order, or rule, and the account of the debt, damages, costs, or monies, thereby recovered or ordered to be paid, shall be left with the senior master of the Court of Common Pleas at Westminster, who shall forthwith enter the same particulars in a book in alphabetical order by the name of the person whose estate is intended to be af fected by such judgment, decree, order, or rule; and such officer shall be entitled for any such entry to the sum of 5s.; and all persons shall be at liberty to search the same book, on payment of the sum of 1s. Sect. 20. And be it enacted, that such new or altered writs shall be sued out of the Courts of Law, Equity, and Bankruptcy, as may by such Courts respectively be deemed necessary or expedient for giving effect to the provisions herein-before contained, and in such forms as the judges of such Courts respectively shall from time to time think fit to order; and the execution of such writs shall be enforced in such and the same manner as the execution of writs of execution is now enforced, or as near thereto as the circum Filing petition under the Act stances of the case will admit; and that any existing writ, the form of which shall be in any manner altered in pursuance of this Act, shall nevertheless be of the same force and virtue, as if no alteration had been made therein, except so far as the effect thereof may be carried by this Act. Sect. 39. And be it enacted, that the filing of the petition of every person in actual custody, who shall be subject to be an act of to the laws concerning Bankrupts, and who shall apply by Bankruptcy, if acted upon petition to the said Court for his discharge from custody, within a certain according to this Act, shall be accounted and adjudged an time. act of Bankruptcy from the time of filing such petition; and that any fiat in Bankruptcy issuing against such person, and under which he shall be declared Bankrupt before the time appointed by the said Court, and advertised in the London Gazette for such prisoner to be brought up to be dealt with according to this Act, or at any time within two calendar months from the time of making any such order as aforesaid, whether upon the petition of such prisoner, or the petition of any such creditor as aforesaid, shall have the effect of divesting the said real and personal estate and effects of such person out of the said provisional assignee: provided always, that the filing of such petition shall not be deemed an act of Bankruptcy, unless such person be so declared Bankrupt before the time so advertised as aforesaid, or within such two calendar months as aforesaid; but that every such order as aforesaid shall be good and valid, notwithstanding any fiat in Bankruptcy, under which such person shall be declared Bankrupt, after the time so advertised as aforesaid, and after the expiration of two calendar months as aforesaid. Order to be filed, although Sect. 40.-Provided always, and be it enacted, that where the order vesting the estate and effects of any such prisoner avoided by in the provisional assignee of the said Court, in pursuance of Bankruptcy. the provisions of this Act, shall be or become void by reason of such prisoner being declared Bankrupt within such period as above mentioned, or being an uncertificated Bankrupt at the time of such order, the said order shall nevertheless, together with the petition of such prisoner, if any, remain of record in the said Court; and the said Court shall and may require such prisoner to file his schedule, and shall and may If prisoner obtains his certi ficate under fiat in Bankruptcy, the rights of assignees to be the same as in other cases. Enactment not to affect title of assignees of Bankrupt, or operation of certificate. cause such prisoner to be brought up to be dealt with according to this Act, and all things to be done thereupon or preparatory thereto, as in other cases according to this Act: and the said Court shall and may, at any time when it shall seem fit, appoint other assignee or assignees in such case and in the same manner as in other cases; and that, if at any time after such vesting order shall have been made, such prisoner shall obtain his certificate under any such Fiat in Bankruptcy, the rights, powers, title, and interest of the provisional assignee and other assignee or assignees appointed under this Act in, over, and respecting any property, real or personal, whatsoever, remaining to such prisoner after the obtaining of such certificate, or thereafter in any way coming to him, and under or in pursuance of any warrant of attorney to be executed by such prisoner under the provisions of this Act, shall, from and after the obtaining of such certificate, be the same as if the vesting order made under this Act had been made valid at the time of the making thereof: Provided always, that nothing herein contained shall be construed to affect the title, rights, and interest of the assignees under any such Fiat in Bankruptcy, or to alter or diminish the effect of any such certificate as aforesaid, but that the title, rights, and interest of such last-mentioned assignees, and the benefit of such certificate to such prisoner, shall be the same, to all intents and purposes, as if this Act had not been made. |