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
7. And be it further enacted, That in the distribution to be made of
the estate and effects of such person so declared insolvent, every
fisherman and seaman employed in the fishery, who shall be a creditor for
wages become due in the then current season, shall first be paid twenty
shillings in the pound, so far as the effects will go; and in the next
place, every person who shall be a creditor for supplies furnished in the
current season, shall be paid twenty shillings in the pound; and lastly,
the said creditors for supplies furnished in the then current season, and
all other creditors whatsoever, shall be paid equally in proportion, as
far as the effects will go, provided that the said creditors for supplies
furnished in the then current season shall not be paid more than twenty
shillings in the pound on the whole of their debt.
[Sidenote: Certificate of the court to be a bar to suit for debt prior to
the declaration of insolvency.]
8. And be it further enacted, That if such insolvent person shall
make a true disclosure and discovery of all his or her goods and
effects whatsoever, and shall conform him or herself to the order and
direction of the said court, the same shall and may (with the consent
of one half in number and value of his or her creditors) be certified
by the said court, and such certificate, when pleaded, shall be a bar
to all suits and complaints for debts contracted within the island
of _Newfoundland_, and on the islands and seas aforesaid, and on the
banks of _Newfoundland_, prior to the time when he or she was declared
insolvent.
[Sidenote: Suits, where the cause shall arise before _Aug. 1, 1792_, to
be commenced within six years.]
9. And be it further enacted, That where any cause of action shall have
arisen before the first day of _August_ one thousand seven hundred and
ninety-two, no suit or complaint shall be commenced thereon at the
distance of more than six years from the time when such cause of action
arose.
10. And be it further enacted, That the said chief justice, or any person
or persons appointed by him for that purpose, under his hand and seal,
shall have power to grant administration of the effects of intestates,
and the probate of wills; and that the effects of deceased persons shall
not be administered within the island of _Newfoundland_, or on the
islands and seas aforesaid; or on the banks of _Newfoundland_, unless
administration thereof, or probate of wills respecting the same, shall
have been duly granted by such authority as aforesaid.
[Sidenote: 31 _Geo._ III, cap. 29, continued till the opening of the
supreme court.]
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