Abbildungen der Seite
PDF
EPUB

release and discharge from all debts, claims, and demands for which such insolvent was liable at the time of his petition for relief being filed, or of any such act of insolvency committed as aforesaid, (as the case may be), and whether within the limits of the charter of the said United Company or elsewhere, and whether such debts, claims, and demands shall or shall not have been established in such court as aforesaid: Provided nevertheless, that such order shall not operate as a release or discharge of any person who was partner with such insolvent, or jointly bound or liable with him. But by sect. 2, in case any fiat in bankruptcy shall be issued in England against any such insolvent trader as aforesaid, under the provisions of the said Act, intituled "An Act to provide for the Relief of Insolvent Debtors in the East Indies," or under the provisions of any other Act passed or to be hereafter passed respecting insolvent debtors in the East Indies, then and in such case such order for discharge as aforesaid shall not operate as a discharge of the debt, claim, and demand of any creditor who shall not have been resident within the limits of the charter of the said United Company at any time between the filing of such petition and the making of such order as last mentioned, nor shall any such creditor be debarred from bringing any suit or action for such debt, claim, or demand, in any court of the United Kingdom of Great Britain and Ireland, or elsewhere without the limits of the said United Company's charter, against such insolvent, in the same manner, and with the like consequences and effects, as if such order as last mentioned had not been made.

And by sect. 3, in such last-mentioned case, upon any application made to the commissioners acting in such fiat as aforesaid, to sign the certificate of such insolvent, and after the same shall have been signed by the requisite number of creditors under the provisions of the said Act, intituled "An Act to provide for the Relief of Insolvent Debtors in the East Indies," or any other Act passed or hereafter to be passed respecting insolvent debtors in the East Indies, then, if it shall be made to appear to such commissioner that such order for a discharge has been made by the court in the East Indies as aforesaid, and if such commissioner shall sign such certificate, he shall also certify in writing, upon such certificate, that such insolvent has obtained such order for discharge in the East Indies as aforesaid; and thereupon such certificate shall have the same force and effect, as well within as without the limits aforesaid, as a certificate duly obtained under the said Act of the sixth year of the reign of his Majesty King George the Fourth, intituled "An Act to amend the Laws relating to Bankrupts," or in any other Act passed or to be hereafter passed respecting bankrupts.

By sect. 4, any such insolvent trader who shall not be made a bankrupt under the provisions of the said Act for the relief of insolvent debtors in the East Indies, or of any other Act passed or hereafter to be passed respecting insolvent debtors in the East Indies, if he shall, after such order for his discharge shall have been made as aforesaid, be arrested or have any action brought against him for any debt, claim, or demand for which he was so liable as aforesaid,

either within the limits of the charter of the said United Company, or elsewhere, shall be discharged upon common bail, and may plead in general that the cause of action accrued before he became insolvent, and may give this Act and the special matter in evidence; and such order as aforesaid, duly sealed with the seal of the said court, shall be sufficient evidence in all courts and places wheresoever of all the proceeding precedent to such order being made, and of the same being duly obtained; and if any such insolvent trader shall be taken in execution, or detained in prison for such debt, claim, or demand, where judgment has been obtained before such order of the court for his discharge as aforesaid, it shall be lawful for any judge of the court wherein such judgment has been obtained, on such insolvent producing such order as aforesaid, to order any officer who shall have such insolvent in custody by virtue of such execution, to discharge such insolvent without exacting any fee; and such officer shall be hereby indemnified for so doing; and any such insolvent trader who shall be a bankrupt under the provisions of the said last-mentioned Act, and who shall be arrested within the limits of the charter of the said company, shall be so discharged, and may so plead, and shall have otherwise such relief within the said limits as hereinbefore mentioned; and if he shall also obtain such certificate as hereinbefore provided, he may be at liberty to avail himself, either of such certificate or of such order of discharge as aforesaid, for the purposes of his discharge within the limits aforesaid.

And by sect. 5, in case any fiat in bankruptcy (other than a fiat under the provisions of the said Act, intituled "An Act to provide for the Relief of Insolvent Debtors in the East Indies,") be issued against any such insolvent trader within the period of eight calendar months from the time of such petition for relief being filed, or of such adjudication of insolvency being made, as the case may be, and such insolvent trader shall be duly adjudged a bankrupt under such fiat, then and in such case such court as aforesaid shall not be authorized and empowered to make any such order for discharge as aforesaid.

Dividend.] By 9 Geo. 4, c. 73, s. 14, the assignees under the insolvency and those chosen under the fiat are to come to an account together, so that a dividend shall be rateably and proportionably made among all the creditors of the said insolvent, whether resident within the limits of the East India Company's charter or in the United Kingdom of Great Britain and Ireland. (See the section, p. 448, ante.)

[blocks in formation]
[blocks in formation]

The lists for the above places being now complete, the Fiats for those places and their neighbourhood will be directed in future to such Commissioners only. The solicitors when bespeaking Fiats will be expected to certify, where the bankrupt does not reside at one of the above places, what is the distance from the nearest of one of such places to his residence.

[blocks in formation]
« ZurückWeiter »