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Judgments Act 1838

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This is the original version (as it was originally enacted).

XLVIISale of Estate and Effects to be made immediately.

And be it further enacted, That the Assignee or Assignees of the Estate and Effects of any such Prisoner shall, with all convenient Speed after his or their Appointment, use his or their best Endeavours to receive and get in the Estate and Effects of such Prisoner, and shall with all convenient Speed make Sale of all such Estate and Effects ; and if such Prisoner shall be interested in or entitled to any Real Estate, either in Possession, Reversion, or Expectancy, such Real Estate, within the Space of Six Months after the Appointment of such Assignee or Assignees, or within .such other Time as the said Court shall direct, shall be sold by public Auction, in such Manner, and at such Place or Places, as shall Thirty Days before any such Sale be approved, in Writing under their Hands, by the major Part in Value of the Creditors of such Prisoner entitled to the Benefit thereof, who shall meet together on Notice of such Meeting, published Fourteen Days previous thereto in the London Gazette and also in some daily Newspaper printed and published in London or within the Bills of Mortality, if the Prisoner before his or her going to Prison resided in London or within the Bills of Mortality, and if such Prisoner resided elsewhere within the United Kingdom, then in some printed Newspaper which shall be generally circulated in or near the Place where such Prisoner resided at the Time aforesaid; and in case such Prisoner shall be entitled to any Copyhold or Customary Estate, a certified Copy of such vesting Order as aforesaid, and a like certified Copy of the Appointment of such Assignee or Assignees as aforesaid, shall be entered on the Court Rolls of the Manor of which such Copyhold or Customary Estate shall be holden, and thereupon it shall be lawful for such Assignee or Assignees to surrender or convey such Copyhold or Customary Estate to any Purchaser or Purchasers of the same from such Assignee or Assignees, as the said Court shall direct; and the Rents and Profits thereof shall be in the meantime received by such Assignee or Assignees for the Benefit of the Creditors of such Prisoner, without Prejudice nevertheless to the Lord or Lords of the Manor of which any such Copyhold or Customary Estate shall be holden.

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