Depositions conclusive in Actions or Suits by Assignees for any Debt of the Bank rupt, unless he dispute the Commission, &c. 44 Bong: 34 Proviso for Debtor to Estate paying Debt into Court. If Commission superseded, Persons froin whom Assignées have recovered, &c. discharged from Claims by Bankrupt. 5 G.2. c.30. § 41. Office for registering Proceedings in Bankruptcy, XCII. And be it enacted, That if the Bankrupt shall not (if he was within the United Kingdom at the issuing of the Commission) within Two Calendar Months after the Adjudication, or (if he was out of the United Kingdom) within Twelve Calendar Months after the Adjudication, have given Notice of his Intention to dispute the Commission, and have proceeded therein with due Diligence, the Depositions taken before the Commissioners at the Time of, or previous to the Adjudication of the Petitioning Creditor's Debt or Debts, and of the Trading and Act or Acts of Bankruptcy, shall be conclusive Evidence of the Matters therein. respectively contained, in all Actions at Law or Suits in Equity, brought by the Assignees for any Debt or Demand for which the Bankrupt might have sustained any Action or Suit. XCIII. And be it enacted, That if the Assignees commence any Action or Suit for any Money so due to the Bankrupt before the Time allowed as aforesaid for him to dispute the Commission. shall have elapsed, any Defendant in any such Action or Suit shall be entitled, after Notice given to the Assignees to pay the same, or any Part thereof, into the Court in which such Action or Suit is brought, and all Proceedings with respect to the Money so paid into Court shall thereupon be stayed, and after the Time aforesaid shall have elapsed, the Assignees shall have the same paid to them out of Court. XCIV. And be it enacted, That all Persons from whom the Assignees shall have recovered any Real or Personal Estate either by Judgment or Decree, are hereby discharged, in case the Commission be afterwards superseded, from all Demands which may thereafter be made in respect of the same by the Person or Persons against whom such Commission issued, and all Persons claiming under him or them; and all Persons who shall without Action or Suit bona fide deliver up Possession of any Real or Personal Estate to the Assignees, or pay any Debt claimed by them, are hereby discharged from all Claim of any such Person or Persons as aforesaid in respect of the same, or any Person claiming under him or them; provided such Notice to try the Validity of the Commission had not been given, and been proceeded in within the Time and in Manner aforesaid. XCV. And be it enacted, That all Things done pursuant to the Act passed in the Fifth Year of King George the Second, and hereby repealed, whereby it was enacted, that the Lord Chancellor should appoint a Place where all Matters relating to Commissions of Bankruptcy should be entered of Record, and should appoint a Person to have the Custody thereof, be hereby confirmed; and the Lord Chancellor shall be at liberty from time to time, by Writing under his Hand, to appoint a proper Person, who shall by himself or his Deputy (to be approved by the said Lord Chancellor) enter of Record all Matters relating to Commissions, and have the Custody of the Entries thereof; and the Person so to be appointed, and his Deputy, shall continue in their respective Offices so long as they shall respectively behave themselves well, and shall not be removed, except by Order in Writing under the Hand of the Lord Chancellor on sufficient Cause therein specified. XCVI. And dence unless entered of Record. XCVI. And be it enacted, That in all Commissions issued after No Commisthis Act shall have taken Effect, no Commission of Bankruptcy, sion, &c. reAdjudication of Bankruptcy by the Commissioners, or Assignment ceived in Eviof the Personal Estate of the Bankrupt, or Certificate of Conformity, shall be received as Evidence in any Court of Law or Equity, unless the same shall have been first so entered of Record as aforesaid; and the Person so appointed to enter Matters of Record as aforesaid, shall be entitled to receive for such Entry of every such Commission, Adjudication of Bankruptcy, Assignment, or Order for vacating the same respectively, having the Certificate of such Entry indorsed thereon respectively, the Fee Fees for Entry of Two Shillings each, and for the Entry of every Certificate of Conformity, having the like Certificate indorsed thereon, Six Shillings; and every such Instrument shall be so entered of Record upon the Application of, or on behalf of any Party interested therein, and on Payment of the several Fees aforesaid, without any Petition in Writing presented for that Purpose; and the Lord Chancellor may, upon Petition, direct any Depositions, Proceedings or other Matter relating to Commissions of Bankruptcy, to be entered of Record as aforesaid, and also appoint such Fee entered. and Reward for the Labour therein of the Person so appointed Liberty to as aforesaid, as the Lord Chancellor shall think reasonable; and search. all Persons shall be at liberty to search for any of the Matters so entered of Record as aforesaid: Provided that on the Production in Evidence of any Instrument so directed to be entered of Record, having the Certificate thereon, purporting to be signed by the Person so appointed to enter the same, or by his Deputy, the same shall, without any Proof of such Signature, be received as Evidence of Evidence of such Instrument having been so entered of Record Entry. as aforesaid. Lord Chan cellor may diMatters to be rect other XCVII. And be it enacted, That in every Action, Suit or Issue, Office Copies Office Copies of any original Instrument or Writing, filed in the Evidence. Office or officially in the Possession of the Lord Chancellor's Secretary of Bankrupts, shall be Evidence to be received of every such original Instrument or Writing respectively; and if any such original Instrument or Writing shall be produced on any Trial, the Costs of producing the same shall not be allowed on Taxation, unless it appears that the Production of such original Instrument or other Writing was necessary. XCVIII. And be it further enacted, That after this Act shall have come into Effect all Commissions of Bankrupt, and also all Deeds, Conveyances, Assignments, Surrenders, Admissions and other Assurances of, or to, or relating solely to any Freehold, Leasehold, Copyhold or Customary Messuages, Lands or Tenements, or any Mortgage, Charge or other Incumbrance upon, or any Estate, Right or Interest of and in any Messuages, Lands, Tenements or Personal Estate, being the Estate of or belonging to any Bankrupt or Bankrupts, or Part or Parcel thereof, and which after the Execution of such Deeds, Conveyances, Assignments, Surrenders or Assurances respectively shall, either at Law or in Equity, be or remain the Estate and Property of such Bankrupt or Bankrupts, or the Assignee or Assignees appointed or chosen by virtue of the Commission issued against him or them respectively, and also all Powers of Attorney, Writs of Supersedeas and pro Costs of ducing original Instrument when not allowed. Commissions, Deeds and other Instruments relating to Estates and Effects of Bankrupts, not liable to Stamp Duty. Sales not liable to Auction Duty. Punishment of false Affirma- and Procedendo, Certificates of Conformity, Affidavits and all other XCIX. And be it enacted, That any Bankrupt or other Person who shall, in any Examination before the Commissioners, or in any Affidavit or Deposition authorized or directed by the present or any Act hereby repealed, wilfully and corruptly swear falsely, being convicted thereof, shall suffer the Pains and Penalties in force against wilful and corrupt Perjury; and where any Oath is hereby directed or required to be taken or administered, or AffiProvision as to davit to be made by or to any Party, such Party, if a Quaker, Quakers. Suit for and Forfeitures. shall or may make solemn Affirmation, and such Quaker shall in- C. And be it enacted, That all Sums of Money forfeited under Application of this Act, or by virtue of any Conviction for Perjury committed in any Oath hereby directed or authorized, may be sued for by the Assignees in any of His Majesty's Courts of Record; and the Money so recovered (the Charges of Suit being deducted) shall be divided among the Creditors. CI. And be it enacted, That the Assignees shall keep an Account, wherein they shall enter all Property of the Bankrupt received by them, and all Payments made by them on account of the Bankrupt's Estate, which Account every Creditor who shall have proved may inspect at all seasonable Times; and it shall be lawful for the Commissioners, at all Times, by Writing under their Hands, to summon the Assignees before them, and require them to produce all Books, Papers, Deeds, Writings and other Documents relating to the Bankruptcy, in their Possession; and if such Assignees so summoned shall not come before the Commissioners at the Time appointed (having no Impediment made known to the 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, directed to such Person as they shall think fit, to cause such Assignees to be brought before them; and upon their refusing to produce such Books, Deeds, Writings, Papers or Documents as aforesaid, it shall be lawful for the said Commissioners to commit the Party so refusing to such Prison as they shall think fit, there to remain without Bail, until such Party shall submit himself to the said Commissioners. CII. And rupt's Estate shall be paid in, &c. CII. And be it enacted, That at the Meeting of Creditors for Creditors or the Choice of Assignees, the major Part in Value of such Cre- Commissioners ditors there present may direct how, and with whom, and where to direct where Money arising the Money received from time to time out of the Estate shall be from Bank paid in and remain until it be divided; and if such Creditors shall not make such Direction as aforesaid, the Commissioners shall, immediately after such Choice, and at the same Meeting, make such Direction; but no Money shall be directed to be paid into the Hands of any of the Commissioners, or of the Solicitor to the Commission, or into any Banking House or other House of Trade in which any such Commissioner, Assignee or Solicitor is interested. CIII. And be it enacted, That the Commissioners may, as often as it shall appear to them expedient for the Bankrupt's Estate, direct any Money, Part of such Estate, to be invested in the Purchase of Exchequer Bills, for the Benefit of the Creditors, and may direct where and with whom such Exchequer Bills shall be kept, and cause such Exchequer Bills to be sold when it shall appear to them expedient, and may direct the Proceeds thereof to be again laid out in the Purchase of Exchequer Bills, or to be applied for the Benefit of the Creditors, subject to the Controul of the Lord Chancellor. CIV. And be it enacted, That if any Assignee shall retain in his Hands, or employ for his own Benefit, or knowingly permit any Coassignee so to retain or employ any Sum to the Amount of One hundred Pounds or upwards, Part of the Estate of the Bankrupt, or shall neglect to invest any Money in the Purchase of Exchequer Bills, when so directed as aforesaid, every such Assignee shall be liable to be charged in his Accounts with such Sum as shall be equal to Interest at the Rate of Twenty per Centum on all such Money, for the Time during which he shall have so retained or employed the same, or permitted the same to be so retained or employed as aforesaid, or during which he shall have so neglected to invest the same in the Purchase of Exchequer Bills, and the Commissioners are hereby required to charge every such Assignee in his Accounts accordingly. Commissioners may direct such Money to be vested in Exchequer Bills. Assignee not paying or investing Money, and retaining it, or permitting Coassignee to retain or employ it, charged 201. per Cent. Proviso as to Certificate of Assignee becoming Bankrupt, having Bankrupt's Estate wilfully retained. CV. And be it enacted, That if any Assignee indebted to the Estate of which he is such Assignee, in respect of Money so retained or employed by him as aforesaid, become Bankrupt, if he shall obtain his Certificate it shall only have the Effect of freeing his Person from Arrest and Imprisonment; but his future Effects (his Tools of Trade, necessary Household Goods, and the necessary Wearing Apparel of himself, his Wife and Children excepted) shall remain liable for so much of his Debts to the Estate of which he was Assignee, as shall not be paid by Dividends under his Commission, together with lawful Interest for the whole Debt. CVI. And be it enacted, That the Commissioners shall, at Commissioners the Meeting appointed for the last Examination of the Bank- to audit Acrupt, appoint a Public Meeting, not sooner than Four Calendar counts of AsMonths from the issuing of the Commission, nor later than Six signees at the Calendar Months from the last Examination of the Bankrupt, mentioned. whereof, and of the Purport whereof, they shall give Twenty-one Days' Notice in the London Gazette, to audit the Accounts of the Assignees; and the Assignees at such Meeting shall deliver upon Times herein Oath May examine Assignees upon Oath. Method of Assignees to pursuant to No Dividend without previ- Creditors hav ing Securities Oath a true Statement in Writing of all Money received by them respectively, and when and on what Account, and how the same have been employed; and the Commissioners shall examine such Statement, and compare the Receipts with the Payments, and ascertain what Balances have been from time to time in the Hands of such Assignees respectively, and shall inquire whether any Sum appearing to be in their Hands ought to be retained; and it shall be lawful for the said Commissioners to examine the said Assignees upon Oath, touching the Truth of such Accounts, and in such Accounts the said Assignees shall be allowed to retain all such Money as they shall have expended in suing out and prosecuting such Commission, and all other just Allowances. CVII. And be it enacted, That the Commissioners shall, not sooner than Four nor later than Twelve Calendar Months from the issuing the Commission, appoint a Public Meeting (whereof and of the Purport whereof they shall give Twenty one Days' Notice in the London Gazette), to make a Dividend of the Bankrupt's Estate, at which Meeting all Creditors who have not proved their Debts shall be entitled to prove the same; and the said Commissioners at such Meeting shall order such Part of the Net Produce of the Bankrupt's Estate in the Hands of the Assignees, as they shall think fit, to be forthwith divided amongst such Creditors as have proved Debts under the Commission, in proportion to their respective Debts, and shall make an Order for a Dividend in Writing under their Hands, and shall cause One Part of such Order to be filed amongst the Proceedings under the Commission, and shall deliver another Part thereof to the Assignees, which Order shall contain an Account of the Time and Place of making such Order, of the Amount of the Debts proved, of the Money remaining in the Hands of the Assignees to be divided, of how much in the Pound is then ordered to be paid to every Creditor, and of the Money allowed by the Commissioners to be retained by the Assignees, with their Reasons for allowing the same to be so retained; and the Assignees, in pursuance of such Order (and without any Deed of Distribution made for that Purpose), shall forthwith make such Dividend, and shall take Receipts in a Book to be kept for that Purpose, from each Creditor, for the Dividend received by such Creditor; and such Order and Receipt shall be a Discharge to every such Assignee for so much as he shall pay pursuant to such Order; and no Dividend shall be declared, unless the Accounts of the Assignees shall have been first so audited as aforesaid, and such Statement delivered by them upon Oath as aforesaid. CVIII. And be it enacted, That no Creditor having Security for his Debt, or having made any Attachment in London, or any other Place, by virtue of any Custom there used, of the Goods in London, not and Chattels of the Bankrupt, shall receive upon any such Secu or Attachment to receive more than other Creditors. rity or Attachment more than a rateable Part of such Debt, except in respect of any Execution or Extent served and levied, by Seizure upon, or any Mortgage of or Lien upon any Part of the Property of such Bankrupt before the Bankruptcy: Provided that no Creditor, though for a valuable Consideration, who shall sue out Execution upon any Judgment obtained by Default, Confession or Nil Dicit, shall avail himself of such Execution to the Pre |