if the Verdict shall be given against the Petitioning Creditor
or Creditors, the Plaintiff or Plaintiffs shall recover his or their
Costs against him or them, to be taxed so as to include such Costs Costs.
as the Plaintiff or Plaintiffs are liable to pay to the Person so ap-
pointed as aforesaid.

XXXII. And be it enacted, That in any such Action so brought Proof in sucli as aforesaid against the Petitioning Creditor or Creditors, either Actions that alone or jointly with the Person so appointed by the Commis- Defendants are Petitioning sioners as aforesaid, for any Thing done in obedience to their Creditors renWarrant, Proof by the Plaintiff or Plaintiffs in such Action that ders them the Defendant or Defendants, or any of them, are Petitioning liable. Creditors, shall be sufficient for the Purpose of making such Defendant or Defendants liable, in the same Manner, and to the same Extent, as if the Act complained of in such Action had been done or committed by such Defendant or Defendants.

Commissioners may summon pected of having Bankrupt's Property in their Hands, or

Persons sus

indebted, &c.; them to produce and compel Books, &c.

XXXIII. And be it enacted, That after Adjudication it shall be lawful for the Commissioners, by Writing under their Hands, to summon before them any Person known or suspected to have any of the Estate of the Bankrupt in his Possession, or who is supposed to be indebted to the Bankrupt, or any Person whom the Commissioners believe capable of giving Information concerning the Person, Trade, Dealings or Estate of such Bankrupt, or concerning any Act or Acts of Bankruptcy committed by him, or any Information material to the full Disclosure of the Dealings of the Bankrupt; and it shall be lawful for the said Commissioners to require such Person to produce any Books, Papers, Deeds, Writings or other Documents in his Custody or Power, which may appear to the Commissioners necessary to the Verification of the Deposition of such Person, or to the full Disclosure of any of the Matters which the Commissioners are authorized to inquire into; and if such Person so summoned as aforesaid shall not come before the Commissioners at the Time appointed, having Disobedience. no lawful Impediment (made known to the said Commissioners at the Time of their Meeting, and allowed by them), it shall be lawful for the said Commissioners, by Warrant under their Hands and Seals, to authorize and direct the Person or Persons therein named for that Purpose, to apprehend and arrest such Person, and bring him before them to be examined as aforesaid.

Proceedings on

may examine

Persons summoned, or present at any

XXXIV. And be it enacted, That upon the Appearance of Commissioners any Person so summoned or brought before the Commissioners as aforesaid, or if any Person be present at any Meeting of the Commissioners, it shall be lawful for them to examine every such Person upon Oath, either by Word of Mouth or by Interro- Meeting. gatories in Writing, concerning the Person, Trade, Dealings or Estate of such Bankrupt, or concerning any Act or Acts of Bankruptcy by such Bankrupt committed, and to reduce into Writing the Answers of every such Person, and such Answers so reduced into Writing the Party examined is hereby required to sign and subscribe; and if any such Person shall refuse to be sworn, or shall refuse to answer any lawful Questions put to him by the said Commissioners touching any of the Matters aforesaid, or shall not fully answer to the Satisfaction of the said Commissioners any such lawful Questions, or shall refuse to sign and subscribe his Examination so reduced into Writing as aforesaid

(not

Persons improperly refusing to be sworn, or to answer, or not fully answering, sign Examinor refusing to

ation, or to pro-
duce Books,
&c. may be
committed.

+ Sic.

Costs to Per

sons sum

moned.

Expences tendered to Wit

nesses.

Commissioners may summon Bankrupt;

and examine him.

Bankrupt refusing to be

sworn or answer, or not

fully answering, or to sign his Examination, may be committed.

(not having any lawful Objection allowed by the said Commissioners), or shall not produce any Books, Papers, Deeds and Writings, and other Documents in his Custody or Power relating to any of the Matters aforesaid, which such Person was required by the Commissioners to produce, and to the Production of which he shall not state any Objection allowed by the said Commissioners, it shall be lawful for them, by Warrant under their Hands and Seals, to commit him to such Prison as they shall think fit, there to remain without Bail, until he shall submit himself to them to be sworn, and full Answers make to the † Satisfaction, to all such lawful Questions as shall be put to him, and sign and subscribe such Examination, and produce such Books, Papers, Deeds, Writings and other Documents as aforesaid in his Custody or Power, to the Production of which no such Objection as aforesaid has been allowed.

XXXV. And be it enacted, That where any Person known or suspected to have any of the Estate of the Bankrupt in his Possession, or who is supposed to be indebted to the Bankrupt, shall be summoned to attend before the said Commissioners, every such Person shall have such Costs and Charges as the said Commissioners in their Discretion shall think fit; and every Witness summoned to attend before the Commissioners shall have his necessary Expences tendered to him, in like Manner as is now by Law required upon Service of a Subpoena to a Witness in an Action at Law.

XXXVI. And be it enacted, That it shall be lawful for the Commissioners, by Writing under their Hands, to summon any Bankrupt before them, whether such Bankrupt shall have obtained his Certificate or not; and in case he shall not come at the Time by them appointed (having no lawful Impediment made known to them at such Time, and allowed by them), it shall be lawful for the said Commissioners, by Warrant under their Hands and Seals, to authorize and direct any Person or Persons they shall think fit to apprehend and arrest such Bankrupt, and bring him before them; and upon the Appearance of such Bankrupt, or if such Bankrupt be present at any Meeting of the said Commissioners, it shall be lawful for them to examine such Bankrupt upon Oath, either by Word of Mouth, or on Interrogatories in Writing, touching all Matters relating either to his Trade, Dealings or Estate, or which may tend to disclose any secret Grant, Conveyance or Concealment of his Lands, Tenements, Goods, Money or Debts, and to reduce his Answers into Writing, which Examination, so reduced into Writing, the said Bankrupt shall sign and subscribe; and if such Bankrupt shall refuse to be sworn, or shall refuse to answer any Questions put to him by the said Commissioners touching any of the Matters aforesaid, or shall not fully answer to the Satisfaction of the said Commissioners any such Questions, or shall refuse to sign and subscribe his Examination so reduced into Writing as aforesaid (not having any lawful Objection allowed by the said Commissioners), it shall be lawful for the said Commissioners, by Warrant under their Hands and Seals, to commit him to such Prison as they shall think fit, there to remain without Bail until he shall submit himself to the said Commissioners to be sworn, and full Answers make to their Satisfaction to

such

such Questions as shall be put to him, and sign and subscribe

such Examination.

Wife.

XXXVII. And be it further enacted, That it shall be lawful for Commissioners the Commissioners, in manner aforesaid, to summon before them may summon, the Wife of any Bankrupt, and in manner aforesaid to examine &c. Bankrupt's her for the finding out and Discovery of the Estate, Goods and Chattels of such Bankrupt, concealed, kept or disposed of by such Wife, in her own Person, or by her own Act, or by any other Person, and she shall incur such Danger or Penalty for not coming before the Commissioners, or for refusing to be sworn and examined, or for refusing to sign or subscribe her Examination, or for not fully answering to the Satisfaction of the Commissioners, as is hereby provided against other Persons.

Disobedience.
Proceedings on

Penalty.

Warrant of

Prisoner.

XXXVIII. And be it enacted, That if any Gaoler to whose Gaoler sufferCustody any Bankrupt or other Person shall be committed as ing Escape, aforesaid, shall suffer such Bankrupt or other Person to escape, every such Gaoler shall forfeit Five hundred Pounds. XXXIX. And be it enacted, That if any Person be committed Questions to be by the Commissioners for refusing to answer or for not fully an- particularly swering any Question put to him by the said Commissioners, they specified on shall in their Warrant of Commitment specify every such Ques- Commitment. tion: Provided, that if any Person committed by the Commis- If Habeas Corsioners shall bring any Habeas Corpus in order to be discharged pus brought, from such Commitment, and there shall appear on the Return Judge may of such Habeas Corpus any such Insufficiency in the Form of the recommit Warrant whereby such Person was committed, by reason whereof he might be discharged, it shall be lawful for the Court or Judge before whom such Party shall be brought by Habeas Corpus, and such Court or Judge is hereby required to commit † such Person to the same Prison, there to remain until he shall conform, unless it shall be shewn to such Court or Judge by the Party committed, that he has fully answered all lawful Questions put to him by the Commissioners; or if such Person was committed for refusing to be sworn, or for not signing his Examination, unless it shall appear to such Court or Judge that he had a sufficient Reason for the same: Provided also, that such Court or Judge shall, if required thereto by the Party committed, in case the whole of the Examination of the Party so committed shall not have been stated in the Warrant of Commitment, inspect and consider the whole of the Examination of such Party, whereof any such Question was a Part; and if it shall appear from the whole Examination that the Answer or Answers of the Party committed is or are satisfactory, such Court or Judge shall and may order the Party so committed to be discharged.

XL. And be it enacted, That in every Action in respect of any such Commitment brought by any Bankrupt or other Person committed, the Court or Judge before which or whom such Action is tried shall, if thereto required by the Defendant or Defendants in such Action (in case the whole of the Examination of the Party so committed shall not have been stated in the Warrant of Commitment), inspect and consider the whole of such Examination; and if upon such Inspection and Consideration it shall appear to such Court or Judge that the Party was lawfully committed, the Defendant or Defendants in such Action shall have

the

↑ Sic.

Court or Judge may look at the

whole of the Examination.

In Actions of false Imprisonment, the Court may look at the

whole of the Examination of the Party committed.

Limitation of Writ sued against Commissioner.

Notice to set forth Cause of Action, &c.

Fee.

Plaintiff not to recover unless Notice proved.

Evidence.

Tender of

One Month

after Notice, and pleaded in bar, &c.

Costs on Non

the same Benefit therefrom as if the whole of such Examination had been therein stated.

XLI. And be it enacted, That no Writ shall be sued out against nor Copy of any Process served on any Commissioner for any Thing by him done as such Commissioner, unless Notice in Writing of such intended Writ or Process shall have been delivered to him or left at his usual Place of Abode by the Attorney or Agent for the Party intending to sue or cause the same to be sued out or served, at least One Calendar Month before the suing out or serving the same; and such Notice shall set forth the Cause of Action which such Party has or claims to have against such Commissioner, and on the Back of such Notice shall be indorsed the Name of such Attorney or Agent, together with the Place of his Abode, who shall receive no more than Twenty Shillings for preparing and serving such Notice.

XLII. And be it enacted, That no such Plaintiff shall recover any Verdict against such Commissioner in any Case where the Action shall be grounded on any Act of the Defendant as Commissioner, unless it is proved upon the Trial of such Action that such Notice was given as aforesaid, but in default thereof such Commissioner shall recover a Verdict and Costs, as hereinafter mentioned; and no Evidence shall be permitted to be given by the Plaintiff on the Trial of any such Action of any Cause of Action, except such as is contained in the Notice.

XLIII. And be it enacted, That every such Commissioner Amends, within may, at any Time within One Calendar Month after such Notice, tender Amends to the Party complaining, or to his Agent or Attorney; and if the same is not accepted, may plead such Tender in bar to any Action brought against him, grounded on such Writ or Process, together with the Plea of Not Guilty, and any other Plea, with Leave of the Court; and if upon Issue joined thereon, the Jury shall find the Amends so tendered to have been sufficient, they shall give a Verdict for the Defendant; and if the Plaintiff shall become Nonsuit, or shall discontinue his Action, or if Judgment shall be given for such Defendant upon Demurrer, such Commissioner shall be entitled to the like Costs suits, Demurrer, as he would have been entitled to in case he had pleaded the General Issue only; and if upon Issue so joined, the Jury shall find that no Amends were tendered, or that the same were not sufficient, and also against the Defendant on such other Plea or Pleas, they shall give a Verdict for the Plaintiff, and such Damages as they shall think proper, which he shall recover together with Costs of Suit: Provided, that if any such Commissioner shall neglect to tender any Amends, or shall have tendered insufficient Amends before the Action brought, he may, by Leave of the Court where such Action shall depend, at any Time before Issue joined, pay into Court such Sum of Money as he shall think fit, whereupon such Proceedings shall be had in Court as in other Actions where the Defendant is allowed to pay Money into Court.

&c.

Costs and

Damages on
Verdict.

Amends paid into Court.

Limitation of
Actions for

executing Act.

General Issue.

XLIV. And be it enacted, That every Action brought against any Person for any Thing done in pursuance of this Act shall be commenced within Three Calendar Months next after the Fact committed; and the Defendant or Defendants in any such

Action may plead the General Issue, and give this Act and the special Matter in Evidence at the Trial, and that the same was done by Authority of this Act; and if it shall appear so to have been done, or that such Action was commenced after the Time before limited for bringing the same, the Jury shall find for the Defendant or Defendants; and if there be a Verdict for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his or their Action or Suit after Appearance thereto, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants Double Costs. shall recover Double Costs.

Commissioners may appoint Assignees until chosen by Cre

others are

ditors.

XLV. And be it enacted, That it shall be lawful for the Commissioners as often as they shall think fit, by Writing under their Hands, to appoint One or more Person or Persons an Assignee or Assignees of the Bankrupt's Real and Personal Estate, or of any Part thereof, which Assignee or Assignees shall or may be removed at the Meeting of the Creditors for the Choice of Assignees, if they shall think fit; and such Assignee or Assignees so removed shall deliver up and assign all the Estate of the Bankrupt come to his or their Possession to the Assignees so chosen as hereinafter mentioned, and all the Estate of the Bankrupt, which shall be so delivered up and assigned, shall be as effectually and legally vested in the Assignees so chosen as aforesaid, as if the First Assignment had been made to them by the Commissioners; and if such First Assignee or Assignees shall not within Ten First Assignee Days after Notice given of the said Choice of Assignees, and of not delivering their Consent to accept such Assignment, signified to the First Effects, PeAssignee or Assignees by Writing under their Hands, make such nalty. Assignment and Delivery as aforesaid, every such Assignee shall forfeit Two hundred Pounds.

By Creditor remote or

XLVI. And be it enacted, That at the Three several Meetings Debts how to so appointed by the Commissioners as aforesaid, and at every be proved. other Meeting by them appointed for Proof of Debts (whereof, and of the Purport whereof, Ten Days' Notice shall have been given in the London Gazette), every Creditor of the Bankrupt may prove his Debt by his own Oath; and all Bodies Politic By Corporaand Public Companies incorporated or authorized to sue or bring tions, &c. Actions, either by Charter or Act of Parliament, may prove by an Agent, provided such Agent shall in his Deposition swear that he is such Agent as aforesaid, and that he is authorized to make such Proof; and if any Creditor shall live remote from the Place of the Meeting of the Commissioners, he may prove by Affidavit, sworn before a Master in Chancery, Ordinary or Extraordinary; or if such Creditor shall live out of England, by Affidavit sworn before a Magistrate where such Creditor shall be residing, and attested by a Notary Public, British Minister or Consul, and no Creditor shall pay any Contribution on account of any such Debt : Provided, that it shall be lawful for the said Commissioners to examine upon Oath, either by Word of Mouth or by Interrogatories be examined in Writing, every Person claiming to prove a Debt under the upon Oath. said Commission, or to require such further Proof, and to examine such other Persons in relation thereto, as they shall think fit.

XLVII. And be it enacted, That every Person with whom any Bankrupt shall have really and bonâ fide contracted any Debt or

abroad.

Creditor may

Bona fide Cre

ditors may prove Demand notwithstanding