Judgments Act 1838

LXXXVIII Where Insolvent shall after Discharge become entitled to Property which cannot be taken in Execution, the Assignee may apply to Court for Relief. Court may order Prisoner to be remanded to Custody until he transfers such Property.

. And be it enacted, That in case any such Person shall after he has become entitled to the Benefit of this Act by any such Adjudication as aforesaid, become entitled to or possessed of, in his own Right, any Stock in the Public Funds of this Country, or other Property, whether the same be in England or elsewhere, which by Law cannot be taken into Execution under the said Judgment so to be entered up in the Names of such Assignee or Assignees as aforesaid, and such Prisoner shall have refused to convey or assign or transfer such Stock or other Property, or so much thereof as may be sufficient to satisfy the said Judgment, then and in such Case it shall be lawful for the Assignee or Assignees of such Prisoner to apply by Petition in a summary Way, setting forth the Facts of the Case, to the said Court, and to pray that the said Prisoner may be taken and committed to Custody notwithstanding any such Adjudication and Discharge as aforesaid; and thereupon, if upon Examination by the said Court, and hearing as well the said Assignee or Assignees as the said Prisoner, in case he shall appear, or the said Assignee or Assignees only, in case such Prisoner, due Notice having been given to him, shall not appear, it shall appear to the said Court that the Contents of such Petition are true, then and in such Case the said Court shall so declare and adjudge, and shall thereupon order the said Prisoner to be apprehended, and committed to Custody within the Walls of any Prison which the said Court shall direct, and not within any Rules or Liberties thereof, until he shall convey, assign, and transfer such Stock or other Property, or so much thereof as the said Court shall direct, towards the Satisfaction of the said Judgment, to such Assignee or Assignees, for the general Benefit of the Creditors of such Prisoner.