7. Certificate of appointment of Assignees to be registered, where re quired. 1 & 2 W. 4, c. 56. remained vested in such deceased or removed Assignee shall vest in the new Assignee, either alone or jointly with the existing Assignees, as the case may require, without any deed or conveyance for that purpose. Provided always, and be it Enacted, That where according to 5 any laws now in force any conveyance or assignment of any real or personal property of a Petitioner would require to be registered, enrolled or recorded in any Registry Office in England, Wales or Ireland, or in any Registry Office, Court, or other place in Scotland, or any of the dominions, plantations, or colonies belonging to Her 10 Majesty, then, in every such case, such certificate of the appointment of an Assignee or Assignees as is described in an Act passed in the first and second year of the reign of his late Majesty WILLIAM the Fourth, intituled, "An Act to establish a Court in Bankruptcy," shall be registered in the Registry Office, Court, or place wherein such 15 conveyance or assignment as last aforesaid would require to be registered, enrolled, or recorded; and the registry hereby directed shall have the like effect, to all intents and purposes, as the registry, enrolment, or recording of such conveyance or assignment as last Title of Pur- aforesaid would have had; and the title of any purchaser of any such 20 property as last aforesaid for valuable consideration, who shall have dated by the duly registered, enrolled or recorded his purchase-deed previous to the registry hereby directed, shall not be invalidated by reason of such appointment of an Assignee or Assignees as aforesaid, or the vesting of such property in him or them consequent thereupon, unless the 25 certificate of such appointment shall be registered as aforesaid within the times following; (that is to say) as regards the United Kingdom of Great Britain and Ireland, within Two Months from the date of such appointment, and as regards all other places, within Twelve. Months from the date thereof. chasers not to be invali appointment of an Assig nee. 8. Estate of Pe titioner to be absolutely vested in his Assignees. 9. Proof of presentation of Petition, and making 30 And be it further Enacted, That the said Assignees shall be entitled to claim and demand from the said Petitioner, at any time after the said Final Order, any estate and effects acquired by him at any time after such Order shall have been made; and all such estate and effects, of what kind soever and wheresoever situate, shall be absolutely vested 35 in such Assignees upon their filing a copy of their claim, served upon the Petitioner personally, or by leaving it at the place of residence mentioned in his notice of petition, and they shall hold the same in like manner as they held the estate and effects of the Petitioner transferred by force of the Final Order, as hereinbefore provided. Provided always, and it is hereby further Enacted, That if any snit or action is brought against any Petitioner for or in respect of debt any contracted before the date of filing his Petition, it shall be a sufficient 40 plea 5 10 Order to bar Suits. plea in bar of the said suit or action that such Petition was duly pre-, of final And be it Enacted, That the like evidence of the appointments of Assignees shall be received as sufficient to prove such appointments in all Courts and places whatsoever, as is received by the laws now in force relating to Bankrupts to prove such appointments. 10. Proof of apAssignees. pointment of 11. Creditor may make Motion for rescinding final Order in part. Commis sioner to hear Motion. And be it Enacted, That it shall be lawful for any Creditor or official Assignee or other Assignee, at any time after the Final Order shall have been made, to give One Month's notice to the Petitioner, either by personal service, or, if he cannot be found, by service at the place of his residence mentioned in his notice of Petition, that such Creditor 15 intends to apply by motion to the said Commissioner, or, in case of his death, resignation or removal, to the Commissioner appointed to succeed him, that the Final Order be rescinded as far as relates to the protection of the Petitioner's person from process, and as far as relates to the effect of such Order in bar of suits and actions; and the said 20 Commissioner shall, upon hearing the matter of such motion, and any evidence in support of it, and what the Petitioner has to allege against it, and any evidence against it, and upon examining the Petitioner, if he shall desire to be examined, or if the Commissioner shall think fit, proceed to make such rescinding order as is herein before mentioned, 25 if he sees reason to believe that the Petitioner had not before the making of the order sought to be rescinded made a full disclosure of his estate, effects and debts, or had since the making of such order not given notice to the Assignees of any property after acquired by him ; provided, That on any such motion by a Creditor, the official and other Notice of 30 Assignee shall be duly served with a Month's notice to attend the said Commissioner; and provided further, That notice of the hearing of such motion shall be given Twice in the London Gazette and Twice in the same paper in which notice of the Petition had been given, or in some other paper circulating in the same county; and provided Costs of 35 always, That the said Commissioner, in case he shall refuse to make the rescinding order, shall, if he think fit, order the Petitioner's costs of the motion to be paid by the Creditor making the motion, or by the Assignee chosen by the Creditors, in case he shall make the motion, but not out of the Petitioner's estate and effects. 40 Motion. Motion. 12. Commissioners may And be it Enacted, That it shall be lawful for the Judges and Com- Judges and missioners of the Court of Bankruptcy, or any Four of them, to make such orders, rules and regulations as they shall think fit for the better carrying this Act into execution, and particularly for regulating make Orders for carrying Act into execution. Orders to be Lord Chancellor. 5 and appointing the duties of the official Assignees and of the other Assignees, the auditing of their accounts, the collecting the debts and the realizing the estate and effects of the Petitioner, and the notification of the time of hearing Petitions or Motions in the Gazette or otherwise; which orders, rules and regulations shall, upon being approved by the approved by Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal, be laid before both Houses of Parliament within Fourteen Days from such approval, if Parliament be then sitting, or if not, within Fourteen Days from the commencement of the next Session of Parliament, and shall in the meantime and from the date of such approval 10 be binding upon the Commissioners in the country, and upon all other persons whatever, until such time as either House of Parliament shall make some resolution in whole or in part disapproving the 13. 14. same. And be it further Enacted, That this Act shall not come into opera- 15 tion before the First day of November next ensuing, except as regards the power of the Commissioners to make orders, rules and regulations with consent of the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal. Provided always, and be it Enacted, That this Act may be altered 20 or repealed by any Act to be passed during the present Session of Parliament. SCHEDULE. SCHEDULE. I, A. B., at present and for Months past residing at and county of and being in the parish of [here set forth the description of the debtor, and his profession or calling, if any], do hereby give notice, That I intend to present a Petition to the Court of Bankruptcy [or, the Commissioner of the district, as the case may be], praying to be examined touching my debts, estate and effects, and to be protected from all process, upon making a full disclosure and surrender of such estate and effects for payment of my just and lawful debts; and I hereby further give notice, That the time when the matter of the said Petition shall be heard is to be advertised in the London Gazette, and in the Newspaper One Month at the least after the date hereof. As witness my hand, this day of in the year |