JB/057/336/001

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1827 Aug. 27
Procedure Code

2
Ch. Collection & Distribution
functions

Cases where this
cannot be ascertained
in relation to supposed
Debtors

1 post obituary trustee

Insolvency trustee
anglicé assignee

But when peop occasions there are on which it can
not at the time be ascertained — ascertained by these means or
any others in relation to the several supposed debtors or any
one of them. These occasions are — or of the number of these
occasions are those on which for as a vacancy happening in
the proprietorship or occupantship, a necessity arises
for the filling it up by the location appointment of a new one in the place
of the late proprietor. To this head belongs 1. Vacancy by death
possessor to be appointed — a post obituary trustee. 2. Vacancy by
insolvency: possessor to be appointed an insolvency trustee or in
one word — the Anglicé established word — an assignee.

Add to this case that of a trustee or set of trustees in the
case where a trust-fund is created for the first time.

In these cases
probability of
compliance on the
part of debtor
unknown to creditor

In cases 1 and 2 While the former proprietor confirmed such he was in a
way to know — and that in each instance whether compliance
or non compliance, payment or non-payment on demand
was most probable: and in so far as no such demand was
made from him, it would with propriety be presumed that there
was no need of it. But, where a non possessor (though to wit but a
fiduciary one comes to be appointed it can not be known before
hand in regard to any of the supposed debtors whether compliance
will not be afforded effectuated

In this case need
of appointment by
Judge of a collector
of debts

Here then comes the need of an appointment to be made
by the Judge or some authority of a possessor for the vacant stock
in trust to make distribution and for that purpose proven collection of
all debts due. This new appointed trustee proceeds accordingly,
for the purpose of obtaining the information possessed by the former proprietor
to make application (which he may do without drawing upon the time
of the Judge) to the each and several supposed debtors for the purpose of ascertaining in
each instance whether voluntary compliance may be safely depended upon or whether
judicial authority must be called in to enforce it.

☞ In continuation
shew the necessity of the indefinite
duration of such a
power. 1. power of possession
2. power of possession pursued
In the other cases the appointment may be made by a person other than the Judge. Not so in the case of insolvency: forced insolvency a consequence of proceedings before the Judge.

Identifier: | JB/057/336/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1827-08-27	Marginal Summary Numbering	not numbered
Box	057	Main Headings	procedure code
Folio number	336	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18666
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