give Bond to the Lord Chan

cellor.

shall be filed with the proper Officer), of the Truth of such his or their respective Debt or Debts; and shall likewise give Bond to the Lord Chancellor in the Penalty of Two hundred Pounds to be conditioned for proving his or their Debt or Debts, as well before the Commissioners as upon any Trial at Law, in case the due issuing forth of the Commission be contested, and also for proving the Party to have committed an Act of Bankruptcy at the Time of taking out such Commission, and to proceed on such Commission; but if such Debt or Debts shall not be really due, or if after such Commission taken out it be not proved that the Party had cellor to assign committed an Act of Bankruptcy at the Time of the issuing of the Commission, and it shall also appear that such Commission was taken out fraudulently or maliciously, the Lord Chancellor shall and may, upon Petition of the Party or Parties against whom the Commission was so taken out, examine into the same, and order Satisfaction to be made to him or them for the Damages by him or them sustained, and for the better Recovery thereof, may assign such Bond or Bonds to the Party or Parties so petitioning, who may sue for the same in his and their Name or Names.

Power to the
Lord Chan-

Bond.

As to Petitioning Creditor prosecuting at his own Costs.

Bills of Costs

missioners.

XIV. And be it enacted, That the petitioning Creditor or Creditors shall, at his or their own Costs, sue forth and prosecute the Commission until the Choice of Assignees; and the Commissioners shall, at the Meeting for such Choice, ascertain such Costs, and by Writing under their Hands direct the Assignees (who are hereby thereto required) to reimburse such Petitioning Creditor or Creditors such Costs out of the First Money that shall be got in under the Commission; and all Bills of Fees or Disbursements taxed by Com- of any Solicitor or Attorney employed under any Commission for Business done after the Choice of Assignees, shall be settled by the Commissioners, except that so much of such Bills as contain any Charge respecting any Action at Law, or Suit in Equity, shall be settled by the proper Officer of the Court in which such Business shall have been transacted, and the same, so settled, shall be paid by the Assignees to such Solicitor or Attorney: Provided that any Creditor who shall have proved to the Amount of Twenty Pounds or upwards, if he be dissatisfied with such Settlement by the Commissioners, may have any such Costs and Bills settled by a Master in Chancery, who shall receive for such Settlement, and the Certificate thereof, Twenty Shillings, and no more.

Exception.

In what Case Creditor may have Bills taxed by a Master. Fee.

Amount of
Petitioning
Creditor's
Debt.

Upon Debt

payable at a future Time.

Joint Commis.. sions against Partners,

XV. And be it enacted, That no such Commission shall be issued unless the single Debt of such Creditor, or of Two or more Per... sons being Partners, petitioning for the same, shall amount to One hundred Pounds or upwards, or unless the Debt of Two Creditors so petitioning shall amount to One hundred and fifty Pounds or upwards, or unless the Debt of Three or more Creditors so petitioning shall amount to Two hundred Pounds or upwards; and that every Person who has given Credit to any Trader upon valuable Consideration for any Sum payable at a certain Time, which Time shall not have arrived when such Trader committed an Act of Bankruptcy, may so petition or join in petitioning as aforesaid, whether he shall have any Security in Writing or otherwise for such Sum or not.

XVI. And be it enacted, That any Creditor or Creditors whose Debt or Debts is or are sufficient to entitle him or them to petition

for

for a Commission against all the Partners of any Firm, may petition for a Commission against One or more Partners of such Firm, and every Commission issued upon such Petition shall be valid although it does not include all the Partners of the Firm; and in and superseded every Commission against Two or more Persons it shall be lawful as to One or for the Lord Chancellor to supersede such Commission as to One more. or more of such Persons, and the Validity of such Commission shall not be thereby affected as to any Person as to whom such Commission is not ordered to be superseded, nor shall any such Person's Certificate be thereby affected.

XVII. And be it enacted, That if after a Commission issued against Two or more Members of a Firm, any other Commission or Commissions shall be issued against any other Member or Members of such Firm, such other Commission or Commissions shall be directed to the Commissioners to whom the First Commission was directed, and immediately after the Adjudication under such other Commission or Commissions the Commissioners shall convey and assign all the Estate Real and Personal of such Bankrupt or Bankrupts to the Assignees chosen in the First Commission; and after such Conveyance all separate Proceedings under such other Commission or Commissions shall be stayed, and such Commission or Commissions shall, without affecting the Validity of the First Commission, be annexed to and form Part of the same; provided that the Lord Chancellor may direct that such other Commission or Commissions be issued to any other Commissioners, or that such other Commission or Commissions shall proceed either separately or in conjunction with the First Commission.

In Cases of a
Second or other
Commission

being issued,

Lord Chan

cellor may di-
rect that such

Commissions
be proceeded in
separately or in
conjunction.

Proceeding in case Petitioning

Creditor's Debt be insufficient to support Commission.

XVIII. And be it enacted, That if after Adjudication the Debt or Debts of the Petitioning Creditor or Creditors, or any of them, be found insufficient to support a Commission, it shall be lawful for the Lord Chancellor, upon the Application of any other Creditor or Creditors, having proved any Debt or Debts sufficient to support a Commission, provided such Debt or Debts has or have been incurred not anterior to the Debt or Debts of the Petitioning Creditor or Creditors, to order the said Commission to be proceeded in, and it shall by such Order be deemed valid. XIX. And be it enacted, That no Commission shall be deemed Commission invalid by reason of any Act or Acts of Bankruptcy prior to the Debt or Debts of the Petitioning Creditor or Creditors, or any of them : Provided there be a sufficient Act of Bankruptcy subsequent to such Debt or Debts.

not invalid by prior Act of Bankruptcy. Proviso.

Auxiliary Commissions for

Proof of Debts

under 201. &c.

XX. And be it enacted, That it shall be lawful for the Lord Chancellor to direct an auxiliary Commission to issue for Proof of Debts under Twenty Pounds, and for the Examination of Witnesses on Oath, or for either of such Purposes; and the Commissioners in every such Commission issued for the Examination of Witnesses shall possess the same Powers to compel the Attendance of and to examine Witnesses, and to enforce both Obedience to such Examination and the Production of Books, Deeds, Papers, Writings and other Documents, as are possessed by the Commissioners in any original Commission: Provided always, that all such Proceedings. Examinations of Witnesses under such Commissions shall be taken down in Writing and shall be annexed to and form Part of the original Commission.

Commissioners'

Oath.

XXI. And be it enacted, That no Commissioner shall be capable of acting in the Execution of any of the Powers and Authorities given by this Act (except the Power hereby given of administering the Oath next hereinafter mentioned) until he shall have taken an Oath in the Presence of One or more of the said Commissioners, to the Effect following; (that is to say,)

or Malice.

A. B. do swear, That I will faithfully, impartially and honestly, according to the best of my Skill and Knowledge, ex'ecute the several Powers and Trusts reposed in me as a • Commissioner in a Commission of Bankruptcy against and that without Favour or Affection, Prejudice So help me GOD.' How to be ad- Which Oath the Commissioners are hereby empowered and required to administer one to another in the same Commission named; and they shall enter and keep a Memorial or Memorials thereof, signed by them respectively, among the Proceedings under each Commission.

ministered. Memorial.

Commissioners'

Fees;

XXII. And be it enacted, That the said Commissioners shall receive and be paid the Fee of Twenty Shillings each Commissioner for every Meeting, and the like Sum for every Deed of Conveyance executed by them, and for the Signature of the and in Country Bankrupt's Certificate; and where any Commission shall be ex

Commissions.

ecuted in the Country, every Commissioner, being a Barrister at Law, shall receive a further Fee of Twenty Shillings for each Meeting; and in case the usual Place of Residence of such Commissioner, being a Barrister, is distant Seven Miles or upwards from the Place where such Meetings are holden, and he shall travel such Distance to any such Meeting, he may receive a further Sum of Twenty Shillings for every such Meeting; and every Commissioner who shall receive from the Creditors, or out of the Estate of the Bankrupt, any further Sum than as aforc said, or who shall eat or drink at the Charge of the Creditors, or out of the Estate of the Bankrupt, or order any such Expence to be made, shall be disabled for ever from acting in such or any other Commission.

XXIII. And be it enacted, That at every Meeting under any Commission to be executed in the Country, wherein any One or more of the Commissioners named may be a Barrister or Barristers, such Barrister or Barristers, or as many of them as shall be willing to attend, not exceeding Three at each Meeting, shall be the acting Commissioner or Commissioners, and shall be entitled to his or their Summonses and Fees accordingly, in Priority to any of the other Commissioners in the said Commission named.

XXIV. And be it enacted, That it shall be lawful for the Commissioners, after they shall have taken such Oath as aforesaid, by Writing under their Hands, to summon before them any Person whom they shall believe capable of giving any Information concerning the Trading of or any Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission is issued, and also to require any Person so summoned to pro· duce any Books, Papers, Deeds and Writings, and other Documents in the Custody, Possession or Power of such Person,

which may appear to the said Commissioners to be necessary to establish such Trading or Act or Acts of Bankruptcy; and it shall be lawful for the said Commissioners to examine any such Person upon Oath, by Word of Mouth or Interrogatories in Writing, concerning the Trade of or any Act or Acts of Bankruptcy committed by the Person or Persons against whom such Commission shall have issued; and every such Person so summoned shall incur such Danger or Penalty for not coming before the Commissioners, or for refusing to be sworn and examined, or for not fully answering to the Satisfaction of the said Commissioners, or for refusing to sign or subscribe his Examination, or for refusing to produce or for not producing any such Book, Paper, Deed, Writing or Document, as is hereby provided as to Persons summoned after the Adjudication of Bankruptcy; and the Commissioners,

upon Proof made before them of the Petitioning Creditor's Adjudication. Debt or Debts, and of the Trading and Act or Acts of Bankruptcy of the Person or Persons against whom such Commission

is issued, shall thereupon adjudge such Person or Persons Bankrupt.

XXV. And be it enacted, That the Commissioners, after they Commissioners have so adjudged as aforesaid, shall forthwith cause Notice of to appoint Meetsuch Adjudication to be given in the London Gazette, and shall ings. thereby appoint Three Public Meetings for the Bankrupt to surrender and conform, the last of which Meetings shall be on the Forty second Day hereby limited for such Surrender.

Notice.

Commissions.

XXVI. And be it enacted, That no Commission shall abate by Abatement of reason of a Demise of the Crown, and (if by reason of the Death of Commissioners, or for any other Cause, it become necessary) any Commission may be renewed, but only Half the Fees usually Half Fees on paid upon obtaining Commissions shall be paid for the same; and renewal. if any Bankrupt shall die after Adjudication, the Commissioners may proceed in the Commission as they might have done if he were living.

XXVII. And be it enacted, That it shall be lawful for any Person appointed by the Commissioners, by their Warrant under their Hands and Seals, to break open any House, Chamber, Shop, Warehouse, Door, Trunk or Chest of any Bankrupt, where such Bankrupt or any of his Property shall be reputed to be, and seize upon the Body or Property of such Bankrupt; and if the Bankrupt be in Prison or in Custody, it shall be lawful for the Person so appointed as aforesaid to seize any Property (his necessary Wearing Apparel only excepted) in the Custody or Possession of such Bankrupt, or of any other Person, in any Prison or Place where such Bankrupt is in Custody.

Messenger may break open House, &c. and Bankrupt's

seize.

And may break open House and

seize Goods in Ireland.

XXVIII. And be it enacted, That it shall be lawful for the Per. son so appointed by the Commissioners as aforesaid, to break open any House, Chamber, Shop, Warehouse, Door, Trunk or Chest of such Bankrupt in Ireland, where any of the Property of such Bankrupt shall be reputed to be, and seize the same: Provided How Warrant such Warrant as aforesaid shall have been verified upon Oath, to be verified. by the Attorney or Solicitor suing out the Commission, before the Mayor or other Chief Magistrate of the City, Borough or Town Corporate where or near to which the said Commission is executed, and verified under the Common Seal thereof, or the

Oath of Identity by Messenger.

Messenger may obtain Search Warrant, where Property of Bankrupt suspected to be concealed.

Proceedings on Execution of such Warrant in Scotland.

House, &e.

may be broken

open.

In what case only Actions

may be brought acting in obedi

against Persons

ence to Warrant of Commissioners.

Seal of the Office of such Mayor or other Magistrate; and provided also, that the Person thereby appointed shall, before a Justice of Peace residing in the County where such Property shall be reputed to be, depose upon Oath that he is the Person named in such Warrant.

XXIX. And be it enacted, That in all Cases where it shall be made to appear to the Satisfaction of any Justice of Peace in England or Ireland, that there is reason to suspect and believe that Property of the Bankrupt is concealed in any House, Premises or other Place not belonging to such Bankrupt, such Justice of Peace is hereby directed and authorized to grant a Search Warrant to the Person so deputed by the Commissioners as aforesaid, and it shall be lawful for such Person to execute the same in like Manner, and such Person shall be entitled to the same Protection as is allowed by Law in Execution of a Search Warrant for Property reputed to be stolen and concealed.

XXX. And be it enacted, That if in the Execution of any Warrant of Seizure so granted by the Commissioners as afore. said, it shall be necessary to break open any House, Chamber, Shop, Warehouse, Door, Trunk or Chest of such Bankrupt in Scotland, where any of the Property of such Bankrupt shall be reputed to be, or to seize and get Possession of such Property such Warrant, after having been verified upon Oath as aforesaid, may be backed or indorsed with the Name of a Judge Ordinary or Justice of the Peace in Scotland, who are hereby required, within their respective Jurisdictions, to back or indorse the same; and such Warrant so indorsed shall be sufficient Authority to the Person bringing such Warrant, and to all Officers of the Law in Scotland, to execute the same within the County or Burgh wherein it is so indorsed, and in virtue thereof to break open the House, Chamber, Shop, Warehouse, Door, Trunk or Chest of such Bankrupt, and to seize and take Possession of such Property, to be distributed under the said Commission, or otherwise dealt with according to Law.

XXXI. And be it enacted, That no Action shall be brought against any Person so appointed by the Commissioners, for any Thing done in obedience to their Warrant prior to the Choice of Assignees, unless Demand of the Perusal and Copy of such Warrant hath been made or left at the usual Place of Abode of such Person or Persons by the Party or Parties intending to bring such Action, or by his or their Attorney or Agent, in Writing, signed by the Party or Parties demanding the same, and unless the same hath been refused or neglected for Six Days after such Demand; and if after such Demand and Compliance therewith any Action be brought against the Person so appointed as aforesaid, without making the Petitioning Creditor or Creditors Defendant or Defendants, if living, on producing and proving such Warrant at the Trial of such Action, the Jury shall give their Verdict for the Defendant, notwithstanding any Defect of Jurisdiction in the Commissioners; and if such Action be brought against the Petitioning Creditor or Creditors and the Person so Commissioners. appointed as aforesaid, the Jury shall, on Proof of such Warrant, give their Verdict for the Person so appointed as aforesaid, notwithstanding any such Defect of Jurisdiction as aforesaid; and

Verdict given notwithstanding defect of Jurisdiction of