Execution Act 1844

XIX Voluntary Preference fraudulent and void as against Assignees. Proviso.

And be it enacted, That if the Petitioner shall, before or after the filing of his Petition, in contemplation of his becoming insolvent, or being in insolvent Circumstances, voluntarily convey, assign, transfer, charge, deliver, or make over any Estate, Real or Personal, Security for Money, Bond, Bill, Note, Money, Goods, or Effects whatsoever, to any Creditor or Creditors, or to any Person or Persons in trust for, or to or for the Use, Benefit, or Advantage of any Creditor or Creditors, or to any Person who is or may be liable as Surety for such Petitioner, every such Conveyance, Assignment, Transfer, Charge, Delivery, and making over shall be deemed fraudulent and void as against any Assignee or Assignees of the Estate and Effects of such Petitioner appointed under the Provisions of the said recited Act and of this Act, or of either of them: Provided always, that no such Conveyance, Assignment, Transfer, Charge, Delivery, or making over shall be so deemed fraudulent and void if made at any Time prior to Three Months before the filing of the Petition, and not with the View or Intention, by the Party so conveying, assigning, transferring, charging, delivering, or making over, of petitioning the Court for Protection from Process.