History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fisheryReeves, John
History
History of the government of the island of Newfoundland: With an appendix containing the Acts of Parliament made respecting the trade and fishery
Reeves, John
Fisheries -- Newfoundland and Labrador -- Newfoundland, Island of; Newfoundland, Island of (N.L.) -- Politics and government
6. And whereas it will greatly contribute to the advancement of the
trade and fishery of _Newfoundland_, if such effects as persons becoming
insolvent in the said island of _Newfoundland_, and the islands
aforesaid, were possessed of or entitled unto, within the said island,
or on the islands or seas aforesaid, or on the banks of _Newfoundland_,
should be divided among their creditors with more equality than hath
hitherto been practised; be it further enacted, That, as often as the
goods, debts, and credits of any person shall be attached, and it shall
be made appear to the court out of which the process of attachment hath
issued, that the goods, debts, and credits so attached are not sufficient
to pay twenty shillings in the pound to all those who shall be creditors
by reason of debts contracted within the island of _Newfoundland_, and
on the islands and seas aforesaid, or on the banks of _Newfoundland_, it
shall be lawful for such court to summon the party whose goods, debts,
and credits are so attached, together with the plaintiff or plaintiffs
who have sued out any attachment, and also such persons who are known
to be creditors as aforesaid of the defendant, to appear in court at a
certain day, and if upon a due examination of the defendant, and the
said creditors, it shall appear that he or she is insolvent, the court
shall declare him or her insolvent accordingly, and shall immediately
proceed to take order for discovering, collecting, and selling the
effects and debts of such person, and distributing the produce thereof
rateably amongst all the said creditors of such person so declared
insolvent, or to authorize some person or persons, being a creditor or
creditors, to perform the same, such person or persons first entering
into a recognizance in such sum as the court shall think fit, for the
due performance of his or their duty therein; and that such court shall
from time to time make such order therein as shall be deemed proper, for
better discovering, collecting, and selling the effects and debts, and
making a rateable distribution thereof among the said creditors.
[Sidenote: Directions for the distribution of the effects of insolvent
persons.]
Public-domain text, read in full here on John Shaqi.
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