Judgments Act 1838

XLII Provisional Assignee to take possession of Estates, &c. vested in him, and sell the same if the Court directs ; paying the Expences out of Proceeds ; to sue in his own Name, if the Court directs. Property vested in him to go to his Successor in Office.

And be it enacted, That it shall be lawful for the Provisional Assignee of the said Court for the Relief of Insolvent Debtors to take possession himself, or by means of a Messenger of the said Court, or other Person or Persons appointed by him, of all the Real and Personal Estate and Effects of every such Prisoner, vested in such Provisional Assignee by virtue of any such Order as aforesaid ; and, if the said Court shall so order, to sell or otherwise dispose of such Goods, Chattels, and Personal Estate, or any Part thereof, and of the Real Estate of such Prisoner, according to the Provisions hereinafter made with regard to the Sale of such Real Estate, and out of the Proceeds of such Real and Personal Estate to defray, in the first place, all such Costs and Expences of taking possession or of seizing and selling the same, as shall be allowed by the said Court, and to account for the Produce of such Sale or Disposition to the said Court; and it shall be lawful for the said Provisional Assignee to sue in his own Name, if the said Court shall so order, for the recovering, obtaining, and enforcing of any Estates, Debts, Effects, or Rights of any such Prisoner; and all and every the Real and Personal Estate, Money, and Effects, vested in or possessed by such Provisional Assignee by virtue of such Order as aforesaid, shall not remain in him if he shall resign or be removed from his Office, nor in his Heirs, Executors, or Administrators in case of his Death, but shall in every such Case go to and be vested in his Successor in Office appointed by the said Court as aforesaid.