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![handle is hein.slavery/ssactsengr0798 and id is 1 raw text is: ROBLEY V. ROBLEY
his, her or their hands according to such order, but without prejudice to the demand
of any other creditor or creditors of such deceased prisoner, all of which shall be first
paid or satisfied : provided always, that in case it shall at any time be made appear
to such Court that the estate or effects of such prisoner conveyed or assigned under
the authority of this. Act would have been sufficient, if carefully and properly
managed, to have satisfied all the debts from which such prisoner has been dis-
charged, or to have satisfied a larger proportion of such debts than shall have
actually been paid therewith, then and in any such case such Court shall not
authorize any further proceedings against such prisoner, or his or her assets, except
for so much of the debts of such prisoner as could not have been satisfied out of the
estate and effects so conveyed and assigned, in case the same had been carefully and
properly managed, and rendered productive for the discharge of such debts: pro-
vided also, that in no case interest shall be allowed on any such debt from the time
of such discharge, until the said Court shall order that interest shall again run upon
debts bearing interest, which 'shall be wholly in the discretion of the said Court as
hereinafter provided.
By the thirty-second section, if any action or suit be brought against an insolvent
upon any cause of action from which he has obtained his discharge, except under the
order of the Insolvent Court, he may plead his discharge under the Act.
This Act was amended by 54 G. 3, c. 23, s. 14, by which it is enacted, That so
much of the said Act as requires any such prisoner to execute an engagement for
payment of the debts or demands of the persons against whom such prisoner shall be
adjudged by the said Court to be entitled to the benefit of the said Act, and as
directs any proceeding on such engagement, shall be and the same is hereby repealed,
and instead thereof the said Court shall require such prisoner to enter into a recog-
nizance to the King's Majesty for the full amount of such debts; and it shall be
lawful for any creditor or creditors of such prisoner from time to time to apply to the
said Court to have such recognizance put in suit, and the same shall be put in suit in
pursuance of the order of the said Court for that purpose if the said Court shall see fit,
but all proceedings thereon shall be subject to the order of the said Court; and any money
which shall be recovered on any such recognizance shall be paid and applied under
the order of the said Court in the same manner as an money which might have been
recovered under such engagement as aforesaid, and the judgment directed by the
said Act to be entered thereupon might have been paid or applied under the
authority of the said Act; and the said Court shall in all cases proceed upon such
recognizance as the said Court might have done under the authority of the said Act,
upon the engagement and judgment thereupon by the said Act required to be
executed and entered as aforesaid.
(2) The subsequent Insolvent Debtors Acts are 1 G. 4, c. 3; 1 G. 4, c. 119 ; 3
G. 4, c. 123; 5G. 4, c. 61; 7 G. 4, c. 57; 1 W. 4, c. 38; 2 & 3W. 4, c. 44; 6 & 7 W. 4,
c. 44 ; 1 & 2 Vict. c. 110.
[95] ROBLEY V. IROBLEY. July 2, 10, 1839.
[S. C. 3 Jur. 694.]
Where a testator makes distinct gifts by distinct codicils the Presumption is, that the
subsequent gifts are additional, and that the testator, when he made the last had
not forgotten the former, and did not mean to make the last either in vain or in sub-
stitution for the former; but this presumption may be strengthened or rebutted by
any circumstances which, by just inference and presumption, may enable the Court to
ascertain the real intention of the testator. The nature of the legacies and the
extent of interest in them which is.given are very material circumstances, but the
Court also regards the situation of the testator with respect to the persons for
whom he is making provision, and the other directions which he may have given.
A legacy of £5000, subject to be divested if the legatee should die before attaining
twenty-one or marriage, would not be considered as a repetition of or substitution for
two legacies of £1000 and £4000 not subject to be so divested and given by a sub-
sequent codicil.
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