Execution Act 1844

X Official Assignee may act until Creditors Assignee appointed; may sell the Property if Commissioner so order, and make Allowance to Petitioner for his Support. Property vested in Official Assignee to go to his Successor. If Petition dismissed, all Acts theretofore done according to the Act to be good and valid.

And be it enacted, That until an Assignee shall be chosen by the Creditors of any Petitioner for Protection from Process the Official Assignee nominated by the Commissioner upon the filing of the Petition of such Petitioner shall be enabled to act, and shall be deemed to be, to all Intents and Purposes, a sole Assignee of the Property of such Petitioner, and, if the Commissioner shall so order, may sell or otherwise dispose of such Property, or any Part thereof, and make such Allowance out of the Property of such Petitioner for the Support of himself and his Family as the Commissioner shall direct; and the Property vested in any Official Assignee alone, or jointly with any Assignee chosen by Creditors under the said recited Act, this Act, or either of them, shall not remain in such Official Assignee alone, or jointly with such Assignee chosen by Creditors, if such Official Assignee shall resign or be removed from his Office, nor in the Heirs, Executors, or Administrators of such Official Assignee, nor in the surviving Assignee alone, in case of the Death of such Official Assignee, but all such Property shall in every such Case go to and be vested in the Successor in Office of such Official Assignee alone, or jointly with the Assignee chosen by the Creditors (if any), as the Case may be; and whenever any such Petition shall have been or shall be dismissed all Sales and Dispositions of Property, and Payments duly made, and all other Acts theretofore done by any Assignee, or any Person or Persons acting under his Authority, or by any Messenger or other Person under the Authority of the Commissioner, according to the Provisions of the said recited Act and of this Act or either of them, shall be good and valid, but the Property of the Petitioner shall otherwise in such Case revest in such Petitioner ; provided, however, that no Action or Suit shall be prosecuted or commenced against such Assignee, Messenger, or other Person or Persons acting as aforesaid, except to recover any Property of such Petitioner detained after an Order made by the Commissioner for the Delivery thereof, and Demand made thereupon.