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Session Laws, 1812
Volume 618, Page 73   View pdf image
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LEVIN WINDER, ESQ. GOVERNOR

73

4. AND BE IT ENACTED, That no person
shall be entitled to the benefit of said insolvent laws
oftener than once in two years, nor shall any debtor be
entitled to a full and final release a second time, until
he shall pay over or convey to his trustee or trustees,
estate sufficient in amount to pay fifty per cent of his
debts at the time of his second application as aforesaid;
nor to a full and final release a third time, until be
shall pay over or convey to his trustee or trustees, es-
tate sufficient in amount to pay seventy-five per cent
of his debts at the time of his third application as
aforesaid: Provided, That nothing in this act con-
tained shall prevent the right of such petitioner to ob-
tain the benefit of a personal release in such cases.

1812.


Final release.


5. AND BE IT ENACTED, That if any peti-
tioning debtor shall not be able to produce to the
county court at the time of his final hearing, the assent
of two-thirds of his creditors in amount, and against
whom no interrogatories or allegations shall have
been filed, or if filed shall have been satisfactorily an-
swered or decided in favour of such debtor, and the
said debtor shall alledge in writing to the county court,
within six months after the time of his final hearing
as aforesaid, (having given to his creditors one month's
notice in the manner prescribed in the act to which
this is a supplement, of his intention) that he is not a-
ble to obtain the assent of two-thirds of his creditors
in amount, and that such assent is vexatiously and
unreasonably withheld, it shall be in the power of the
county court to examine in a summary manner, into
the truth and merits of such application, and where in
their opinion such assent shall be vexatiously and un-
reasonably withheld, the said court is hereby author-
ised to extend to such applicant the full benefit of the
acts of insolvency.

Persons vex-
atiously with-
holding their
assent.

6. AND BE IT ENACTED, That the appoint-
ment of a trustee or trustees under said insolvent laws,
shall operate as an assignment of all the insolvent's
property, so as to vest the title to the same in such:
trustee or trustees, without the necessity of such insol-
vent executing a deed thereof: Provided) That no-
thing in this act contained, shall be construed to ex-
tend to applications now pending for the benefit of said
insolvent laws.

Appointment
of trustees
shall operate
as an assign-
ment of insol-
vent's proper-
ty.



 
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Session Laws, 1812
Volume 618, Page 73   View pdf image
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