SCHEDULE referred A RETURN of the Number of PERSONS, distinguishing Males from Females, Warrants directing them to be detained till liberated in due Course of Law; N. B. When Persons are committed to a County or a Burgh Prison, and returned in the County where such Persons were confined previously to such from that specified in the Warrant of Commitment, they will be placed in the opposite to that for which they may have been committed. Persons whose pardoned, and the Grounds for every unconditional Pardon, so far as known, under afterwards removed to Edinburgh or to a Circuit Town for Trial, they will be Removal. In Cases where Persons have been convicted of a different Crime Columns opposite to the Offence of which they have been convicted, and not Sentences have been commuted will be distinguished from those unconditionally will be mentioned in the Column of Observations. CA P. XXXVIII. 7 G. 4. c. 57. Recited Act continued. Certain Provisions in recited Acts to extend to all Persons petitioning. Warrants of Attorney executed by Prisoners under Acts for their Relief declared not to be with in 3 G.4. c. 39. Adjudication may be made conditional in certain Cases. An Act to continue and amend the Laws for the Relief of In- WH THEREAS an Act was passed in the Seventh Year of the Reign of His present Majesty, intituled An Act to amend and consolidate the Laws for the Relief of Insolvent Debtors in • England; and it is expedient to continue the said Act;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Act shall be and the same is hereby continued. II. And be it further enacted, That all Provisions in the said Act contained, concerning the Removal of Assignees and the Appointment of new Assignees, and concerning Assignees' Accounts, and concerning the Amount of Debts, and Claims to receive Dividends, and the ascertaining thereof, and concerning all Matters to be done and observed, when it may appear to the Court for Relief of Insolvent Debtors in any Case that all Debts have been discharged, and concerning the Proof or Evidence of Conveyances and Assignments, and of all Proceedings had or being of Record in the said Court, shall be deemed to extend to the Cases of all Persons who petitioned under the several Acts recited in the said Act, as well as of Persons petitioning under the said Act. III. And whereas Doubts have arisen whether Warrants of Attorney, executed by Insolvent Debtors before Adjudication 'made in the Matters of their Petitions pursuant to the several Acts passed for their Relief, are to be deemed secret Warrants of Attorney within the Meaning and Provisions of an Act passed in the Third Year of the Reign of His present Majesty (a), intituled An Act for preventing Frauds on Creditors by secret Warrants of Attorney to confess Judgment;' It is hereby declared and enacted, That such Warrants of Attorney, executed and to be executed as aforesaid, are not within the Meaning and Provisions of the said last-mentioned Act; and that the same have been, are, and shall be valid and effectual, any thing in the said last-mentioned Act, or in any Act extending the Provisions thereof, notwithstanding. (a) See 1 W. 4. c. 71. IV. And whereas it is for the Benefit of Prisoners petitioning the said Court, and especially of those whose Cases may be heard 'before a Commissioner on Circuit, or before Justices of the Peace at their Quarter Sessions in Wales or the Town of Berwick-uponTweed, where it may appear in the Case of any such Prisoner, on 'the Hearing, that the Proof of Notice to Creditors is imperfect, or that any other Matter or Thing ought to be done by or on behalf of such Prisoner before he or she is actually discharged from Custody, that nevertheless Adjudication should be made ' conditional upon such Matter or Thing being performed, and that the Hearing of such Case should stand adjourned only on Failure therein: And whereas Doubts have arisen as to the Competency of proceeding in manner above mentioned;' It is hereby declared and and enacted, That where it shall appear to the said Court, Commissioner, or Justices, at the Hearing of the Matters of the Petition of any such Prisoner, that certain Matters or Things ought to be performed by or on behalf of such Prisoner, before he or she is entitled to be actually discharged from Custody, but that nevertheless it is expedient not to adjourn the Hearing of such Case absolutely to some future Occasion without the Opportunity of such Discharge being sooner had by doing such Things as aforesaid, it shall and may be lawful for the said Court, Commissioner, or Justices, to pronounce Adjudication, without then issuing the Order and Warrant pursuant thereto, and that such Adjudication may be directed to be conditional on the Performance of such Matters or Things as aforesaid, and that on the Non-performance thereof the Hearing of such Case shall stand adjourned according to the Direction made in that Behalf; and that all Proceedings heretofore had in manner aforesaid, in the Matters of the Petitions of any Prisoners petitioning the said Court, under any Act or Acts for the Relief of Insolvent Debtors, shall be deemed good and valid to all Intents and Purposes. V. And whereas it may often happen that some Interest in visional As Court may direct Conveyance by Prosignee where that the said Provisional Assignee should make or join in making no Assignee is some Conveyance or Assignment of the same, and that the same appointed. 'should be done without the Expence attending Advertisements and Meetings of Creditors as prescribed by the said first-mentioned Act in certain Cases;' Be it therefore enacted, That it shall and may be lawful for the said Court, at any Time after the Day gazetted for the Hearing of the Matters of the Petition of any Insolvent Debtor, if no Creditor shall have become Assignee of his or her Estate and Effects, and if it shall appear fit, upon such Notice given by Advertisement or otherwise to the Creditors or any of them as the said Court shall in any Case direct, to order the said Provisional Assignee to make or join in making any Conveyance or Assignment of any such Interest as to the said Court may appear just and reasonable, without observing the Provisions of the said first-mentioned Act as to the Sale of Real Property by the Provisional or other Assignees of the Estates of Insolvent Debtors. VI. And it is further declared and enacted, That all Assign- Assignments ments and Conveyances heretofore made or to be made by such made by ProProvisional Assignee in any such Cases, by Order of the said Court, shall be and the same are hereby declared to be good and valid to all Intents and Purposes; any thing in the said first-mentioned Act or in any other Act to the contrary notwithstanding. VII. And whereas it is expedient to prescribe a Form of Assignments Conveyance and Assignment from the Provisional Assignee to by Provisional any other Assignee or Assignees when appointed by the said Assignee to be Court, and also to remove any Doubts as to the Validity or Effect ' of any Conveyances or Assignments at any Time heretofore made and executed by the said Provisional Assignee by virtue of any • Order of the said Court;' Be it therefore declared and enacted, That every Conveyance and Assignment hereafter to be made and executed by the Provisional Assignee for the Time being to any other visional Assignee declared valid. in the Form annexed to this Act. In case of Ill missioner, another Person may be appointed to exeècute the Duties. other Assignee or Assignees, by virtue of any Order of the said Court, shall be in such Form as is to this Act annexed; and that every such Conveyance and Assignment, and also every Conveyance and Assignment at any Time heretofore made and executed by the Provisional Assignee for the Time being, in obedience to any Order of the Court for Relief of Insolvent Debtors, shall be deemed and taken to be valid and effectual to all Intents and Purposes whatever, and fully and effectually to vest and to have vested all and every Estate and Estates, Real and Personal, and all and every Right, Title, Interest, and Trust in and to the same, of what Nature or Kind soever, to which the Insolvent Debtor in each Case respectively shall or may be or shall or may have been entitled in any Manner or by any Means whatsoever, or which such Insolvent Debtor shall or may be or shall or may have been required by Law to convey and assign in Trust for his or her Creditors. VIII. And whereas it may happen that the Chief or other Comness of a Commissioner for the Relief of Insolvent Debtors may, by Illness or other reasonable Cause, be for a Time disabled from performing his Duties, whereby the Business of the said Court would be delayed: And whereas if such Disability should occur to any such Commissioner proceeding on his Circuit, the Suitors of the 'said Court would be much prejudiced, unless some Person should be authorized forthwith to undertake the Duties of the said Chief or other Commissioner on his Circuit;' Be it therefore further enacted, That if such Disability as aforesaid shall occur to such Chief or other Commissioner at any Time, not being the Time of his Circuit, it shall be lawful for any fit Person, being a Barrister at Law, and appointed by One of His Majesty's Principal Secretaries of State, to execute the Duties of such Chief or other Commissioner during such Disability; and that if such Disability shall occur during the Time appointed for the Circuit of such Chief or other Commissioner, it shall be lawful for any fit Person, being a Barrister at Law, and nominated by such Chief or other Commissioner, to execute the Duties of such Chief or other Commissioner on such Circuit as aforesaid during such Disability; and that all Things done according to the Provisions of this Act and of the said Act hereby continued, by such Person so appointed or nominated as aforesaid, as the Case may be, during such Disability as aforesaid, shall be good and valid to all Intents and Purposes as if the same had been done by such Chief or other Commissioner: Provided always, that such Chief or other Commissioner, if such Disability as aforesaid shall occur during the Time appointed for his Circuit, shall forthwith state the same, together with the Cause thereof, and such Nomination as aforesaid, in Writing, and shall subscribe such Statement, and shall send the same forthwith by His Majesty's Post to One of His Majesty's Principal Secretaries of State. Act may be altered. Prohibiting Persons from being discharged under 32 G.2. c. 28. IX. And be it further enacted, That this Act or any Part thereof may be altered, varied, or repealed by any Act or Acts to be passed in this present Session of Parliament. X. And be it further enacted, That during the Continuance of this Act no Person shall be entitled to be discharged as an Insolvent Debtor, on his or her own Petition or Application, under or by virtue of the Statute passed in the Thirty-second Year of the |
