therein mentioned: And Whereas it may from various Causes happen that One of the said Commissioners, proceeding or intending to proceed to such Assize Town, may be prevented from arriving there on the Day so appointed, and it is expedient that the Business of the said Court should not be thereby unnecessarily delayed;' Be it enacted, That if, upon the Day appointed for the Arrival of any such Commissioner, such Commissioner shall not have arrived, or shall not attend at such Court House, then and in every such case the said Court shall be considered as adjourned to the ensuing Day (which shall not be a Sunday,) and so on from Day to Day until the Arrival of One of the said Commissioners; and that all Persons summoned or bound, or having occasion to attend the said Court, shall thereupon be bound to attend the same according to every such Adjournment, in the same manner in all respects as if such Commissioner had regularly sat, and so adjourned the same; and that any such Commissioner who shall so arrive, shall proceed to sit and dispatch the Business of the said Court in the same manner in all respects as if he had duly and regularly sat, and had been occupied by other Business thereof, and had himself made such Adjournments of the said Court; any thing in the said Act contained to the contrary notwithstanding.

VIII. Provided always, and be it enacted, That every such Commissioner who shall not arrive at any such Assize Town on the Day so appointed by the said Court in that behalf as aforesaid, shall at such next subsequent Day or Time as he shall so arrive thereat, state in Writing the Reason or Cause which prevented him from so arriving, and shall send the same forthwith by His Majesty's Post, subscribed by himself, to the Chief Secretary, or in his Absence, to the Under Secretary, at Dublin Castle, to be laid before the Lord Lieutenant or other Chief Governor or Governors of Ireland, or before either Houses of Parliament when called for.

When Commissioner does not

attend on the Day appointed, the Court shall

stand adjourned to the next Day.

Non attendance of Commissioner on Day appointed accounted for to

Government.

made.

§ 42.

• IX. And Whereas, in and by the said Act, it is provided, that 1& 2G. 4. c. 59. all Affidavits to be used before the said Court, or any Commissioner thereof, shall and may be sworn before some One of the • Courts or Persons therein named in that behalf, and great Mischief has, in many Instances, been found to arise from the Dif'ficulty and Expence to Persons not residing in Dublin, having their Affidavits hereinafter specified taken exclusively by the • Persons so named in that behalf; Be it enacted, That any Affi- Before whom davit to be used before the said Court, may be made before some Affidavits to be One of the Courts or Persons in the said Act named, and also be fore any Inspector of any County Gaol in Ireland, or any Justice of the Peace in his proper Jurisdiction, or any Commissioner appointed by the said Court for the Purpose of taking Affidavits, or in England or Scotland, before a Magistrate of the County, Division, City, Town or Place, where the said Affidavit shall be sworn, or any Commissioner of the Court for Relief of Insolvent Debtors in England, or any Officer of the said Court in England authorized to take Affidavits in the said Court in England, and the said Persons are hereby authorized and required to administer the same accordingly; and that every such Affidavit so made shall and may Valid. be filed, read and used in the said Court, and for all the Purposes

No Fee for such
Affidavit.

Provisional Assignee to take Possession

and sell Estate, &c. conveyed to

him;

and out of Proceeds to pay Expences of taking Possession.

Property vested in him to go to

Successor.

Nothing in recited Act or

vent any Mortgage, &c. on the Estate of

Prisoners from taking Effect,

or any Statute Staple, &c. from taking Place, &c.

of the Evidence, as fully and effectually, and the same respectively shall be of the same Force, Validity and Effect, as if the same had been duly made before any of the Persons in the said Act mentioned in that behalf.

X. And be it further enacted, That no Fee whatever shall be taken or received by any Court, Officer or Person whatsoever, for or in respect of the swearing of any such Affidavit of the Service of any such Notice.

XI. And be it further enacted, That it shall and may be lawful for the Provisional Assignee, or any Officer of the said Court or other Person or Persons appointed for that Purpose, if the said Court shall so order, to take Possession of all the Real and Personal Estate and Effects of every such Prisoner as shall subscribe such Petition, and execute such Conveyance and Assignment as in the said recited Act mentioned; and if the said Court shall so order, to sell or otherwise dispose of such Goods, Chattels and Personal Estate, or any Part thereof, and if the Court shall so order, of the Real Estate of such Prisoner, according to the Provisions of the said recited Act, for the Purposes of the said recited Act, and out of the Proceeds of such Real or Personal Estate, to defray, in the First Place, all such Costs and Expences of taking Possession of or seizing and selling the same, as shall be allowed by the said Court, and account for the Produce thereof to the said Court; and all and every the Real or Personal Estate, Money and Effects, vested in or possessed by such Provisional Assignee by virtue of the said recited Act or this Act, shall not remain in him, if he shall resign or be removed from his Office, or in his Heirs, Executors or Administrators, in case of his Death, but shall, in every such Case, go to and be vested in his Successor in Office.

XII. Provided always, and be it further enacted, That nothing in the said recited Act or in this Act contained, shall extend or this Act to pre- be construed to prevent any Mortgage, Charge or Lien upon any Estate of such Prisoner, or any Part thereof, made prior to the presenting the Petition of such Prisoner for the Discharge of such Prisoner by virtue of the said Act or this Act, from taking place upon the Lands, Tenements or Hereditaments, or Personal Estate and Effects, comprised in or charged or affected by such Mortgage, Charge or Lien respectively; nor to prevent any Statute Staple, Statute Merchant, Recognizance or Judgment acknowledged by or obtained against any such Prisoner, prior to the presenting of such Petition, from taking Place upon the Lands, Tenements or real Estates of such Prisoner; and that where any Inquisition shall have been taken upon any Statute or Recognizance, or any Writ of Execution shall have been taken out and delivered to the Sheriff or proper Officer upon any such Judgment, before such Prisoner shall have presented his or her Petition for Discharge as aforesaid, the Personal Estate of such Prisoner shall be subject thereto, for so much as shall remain due upon such Statute, Recognizance or Judgment respectively, in like manner as the same would have been respectively, if the said recited Act or this Act had not been made, any thing in the said recited Act unless Mortgage or this Act contained to the contrary notwithstanding; unless in Creditors, &c. any of the said Cases the Creditor or Creditors having such Mort

rage,

gage, Charge, Lien, Statute, Staple, Statute Merchant, Recogniz- elect to take Di ance, Judgment or Execution, shall elect to take and receive vidend under any Dividend under this Act in respect of such Debt, and shall this Act. cause such Election to be entered on the Files of the Court, discharging such Prisoner: Provided nevertheless, that no such Creditor who shall not have so made and entered such Election, shall be entitled to receive any Dividend under this Act, in respect of any Debt so secured.

future Debts,

XIII. And be it further enacted, That any Prisoner who shall Prisoners dishave been or shall be declared entitled to the Benefit of the said charged, disrecited Act, and who shall have obtained or shall obtain a Dis- charged against charge under the said Acts, shall be discharged against every Creditor for any Sum of Money payable at any future Time or Times, who shall under the said recited Act have become entitled to a Dividend of the Estate of such Prisoner in respect to any Debt or Claim so growing due and payable, and which shall not be due or payable at or before the Time of such Prisoner obtaining his or her Discharge, in like manner to all Intents and Purposes as if such Debt or Claim were payable presently, and not at a future Day.

Lease or

When Assignees accept of Leases, Prisoners not

liable to the

XIV. And be it further enacted, That in all cases where any Prisoner shall be discharged by virtue of the said recited Act or this Act, and such Prisoner shall be entitled to any Agreement for a Lease, and the Assignee or Assignees of such Prisoner shall accept such Lease or Agreement, and the Benefit Conditions. therefrom, as Part of the Estate and Effects of such Prisoner, the said Prisoner shall not be liable to pay the Rent accruing due after such Acceptance of such Lease or Agreement as aforesaid; and after such Acceptance such Prisoner shall not be liable to be in any manner sued in respect or by reason of any subsequent Non Observance or Non Performance of the Conditions, Covenants or Agreements in any such Lease or Agreement contained: Provided always, that in all such cases as aforesaid, it shall Assignees debe lawful for the Lessor or Person agreeing to make such Lease, clining to achis Heirs, Executors, Administrators or Assigns, if the Assignees cept of Lease. of such Prisoner shall decline, upon their being required so to do, to determine whether they will or will not so accept such Lease or Agreement for a Lease, to apply by Petition to the said Court, praying that such Assignees shall either so accept such Lease or Agreement for a Lease, or shall deliver up the same, and the Possession of the Premises demised or intended to be demised; and the said Court shall thereupon make such Order as under all the Circumstances of the Case shall seem meet and just, and such Order shall be binding on all Parties; and in all cases where the Assignee or Assignees of any such Prisoner shall refuse or decline to accept such Lease, or Agreement for a Lease, it shall and may be lawful for such Prisoner to surrender such Lease, or Agreement for a Lease, to his Lessor or Landlord, and such Lessor or Landlord shall be bound to accept such Surrender accordingly.

may

Lessors proceed by Pe

tition.

XV. And be it further enacted, That it shall be lawful for the Provisional AsProvisional Assignee to sue in his own Name, if the said Court signee to sue in his own Name. shall so order, for the Recovery, obtaining and enforcing of any Estate, Debts, Effects or Rights of any such Prisoner; and in case X x 4

of

Acts done be

of Petition

of the Dismission of the Petition of any such Prisoner praying for fore Dismissal his Discharge, which the said Court is hereby empowered to dismiss whenever it shall seem fit, all the Acts done before such Dismission by the said Provisional Assignee, or other Persons acting under his Authority, under the Order of the said Court, shall be good and valid.

valid.

1&2 G.4. c.59.

§ 11.

Court may appoint an Assignee at any Time after filing Petition.

XVI. And Whereas it is enacted by the said recited Act, that when the said Court shall adjudge any Prisoner to be entitled to his Discharge, such Court shall appoint a proper Person or 'Persons to be Assignee or Assignees of the Estate and Effects ' of such Prisoner, for the Purposes of the said recited Act: Be it enacted, That it shall and may be lawful for the said Court, as often as it shall see cause, for the better preserving and securing the Property of any Prisoner, to appoint at any Time after the filing of such Prisoner's Petition, and before the said Court shall adjudge him entitled to his Discharge, as well as after such Adjudication, One or more Assignee or Assignees of the Estate and Effects of such Prisoner for the Purposes aforesaid; and when such last mentioned Assignee or Assignees shall have signified to the said Court his or their Acceptance of the last mentioned Appointment, every such Prisoner's Estate, Effects, Rights and Powers vested in such Provisional Assignee, shall immediately be assigned by such Provisional Assignee to such last mentioned Assignee or Assignees, in trust, for the Benefit of such last mentioned Assignee or Assignees and the rest of the Creditors of every such Prisoner, in respect of or in proportion to their respective Debts, according to the Provisions of the said recited Act; All Assignees and the Assignee or Assignees of every such Prisoner, at any Time appointed, shall be, and is and are hereby empowered to use and exercise all the Powers, Authorities and Rights, and shall be subject to all the Duties, Liabilities and Punishments, given or ordained by this or the said recited Act with respect to the Provisional or other Assignee or Assignees of any Prisoner; and in all Cases after Assignment by the Provisional Assignee, all the Estate and Effects of every such Prisoner shall be to all Intents and Purposes as effectually and legally vested by Relation in all and every such Assignee or Assignees, as if the First Assignment had been made by such Prisoner to such Assignee or Assignees, but no Act done under or by virtue of such First Assignment shall be thereby rendered void or defeated, but shall remain as valid as if no such Relation had taken place.

may exercise

Powers of Provisional As

signee.

Assignment to vest from Time

of First Assignment,

Court to charge

Assignees with

Interest for using Money belonging to Insolvent's

Estate.

XVII. And be it further enacted, That from and after the passing of this Act, in all Cases in which any Assignee or Assignees of a fany Insolvent's Estate shall wilfully retain in his or their Hands, or otherwise employ for his or their own Benefit, any Sum or Sums of Money, Part of the Estates of such Insolvent, the said Court shall have full Power and Authority to order such Assignee or Assignees to be charged, in his or their Accounts with the Estates of such Insolvents, with such Sum or Sums of Money as shall be equal to the Amount of Interest, computed at a Rate not exceeding Twenty Pounds per Centum per Annum, on all Sums of Money appearing to the said Court to be so retained or employed by him or them for the Times or Times during which he or they shall have so retained or employed the same; and the said Courtshall,

shall, in pursuance of such Order, charge such Assignee or Assignees in their Accounts with such Sun or Sums of Money accordingly.

puted in the

Schedule.

Schedule re

ferred to as instead of spe

to Creditors

cifying them in Adjudication.

XVIII. And be it further enacted, That the said Court shall Court may exa-have the same Power to examine into all Debts in the Prisoner's mine Debts, Schedule, whether the same shall be therein stated to be admit- whether admitted or disted or disputed, or to be admitted in part and disputed in part, as is enacted by the said recited Act as to the Debts stated to be admitted therein; and the Court shall enquire whether any of such Debts have been improperly admitted or disputed by the Prisoner before they shall grant any Discharge of such Prisoner. XIX. And be it further enacted, That in the Adjudication of the said Court, that any Prisoner is entitled to the Benefit of the said Act and the Order thereon, it shall not be necessary to specify the several Creditors and Persons claiming to be Creditors of such Prisoner, as required by the said recited Act; but it shall be sufficient, if the said Court shall think fit, to refer in such Order to the Schedule of such Prisoner, as specifying such Creditors or Persons claiming to be Creditors of such Prisoner, as to whom the said Court shall adjudge the said Prisoner to be entitled to the Benefit and Protection of the Act, and to be discharged forthwith; and that in all Cases where it shall appear to the said Court that any Prisoner shall have done or committed any Act for which the said Court is by the said recited Act authorized to order that such Prisoner shall not be discharged out of Custody by virtue of the said recited Act, or receive or be entitled to any Protection, until he or she shall have been in Custody at the Suit of some One or more of the Persons who were Creditors at the Time of petitioning the said Court, or had since become Creditors in respect of Debts then growing due, and from whose Claims he or she shall be discharged by the Judgment of the said Court, for a Period or Periods not exceeding Three Years in the whole; the said Court may adjudicate thereon in the Words of the said recited Act, without naming any such One or more Creditor or Creditors in such Adjudication, and thereupon the said Insolvent shall, under Insolvent liable such Adjudication, be subject and liable to be detained in Prison to be detained. by his or her then detaining Creditor or Creditors, and to be arested or charged in Custody by any of the other Creditors in his or her Schedule, until he or she shall have been in Custody for such Period or Periods in the whole as shall be specified in such Adjudication.

Court may adjudicate generally, without naming parti-> cular Creditors,

&c.

the First Pro

XX. And be it further enacted, That where it shall have been The Court may referred to an Officer of the said Court, by virtue of the said reci- order Expences ted Act, to investigate the Accounts of any Prisoner, and to ex- of Reference to amine into the Truth of the Schedule of such Prisoner, or the be paid out of Matters thereof, it shall be lawful for the said Court, if it shall see ceeds. cause, to order all Expences thereof, paid by any Creditor or Creditors, to be repaid to him or them out of the first Money received by the Provisional or other Assignee or Assignees of such Prisoner, from or by his Estate or Effects.

XXI. And be it further enacted, That in all Cases in which the 'Court may said Court shall order any Prisoner to be discharged from Custody order Prisoners so soon as such Person shall have been in Custody during a cer- to be confined tain Period, or not to be discharged until he shall have been in Custody during a certain Period, according to the Provisions and

within the

Walls.

Limitations