judice of other fair Creditors, but shall be paid rateable with such Creditors. what Time to be made. CIX. And be it enacted, That if the Bankrupt's Estate shall Final Dividend, not have been wholly divided upon the first Dividend, the Com- how and within missioners shall, within Eighteen Calendar Months after the issuing of 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 Second Dividend of the Bankrupt's Estate, when all Creditors who have not proved their Debts may prove the same; and the Commissioners at such Meeting, after taking such Audit as hereinbefore directed, shall order the Balance in the Hands of the Assignees to be forthwith divided amongst such of the Creditors as shall have proved their Debts ; and such Second Dividend shall be final, unless any Action at Law or Suit in Equity be depending, or any Part of the Estate be standing out, not sold or disposed of, or unless some other Estate or Effects of the Bankrupt shall afterwards come to the Assignees, in which Case they shall, as soon as may be, convert such Estate and Effects into Money, and within Two Calendar Months after the same shall be so converted, divide the same in Manner aforesaid. Proviso where Suit depending, or Estate standing out, &c. Hands. CX. And be it enacted, That if any Assignee under any Com- Assignees to mission of Bankrupt shall have, either in his own Hands or at any file an Account Bankers, or otherwise subject to his Order or Disposition, or to in the Bankhis Knowledge in the Hands of, or in the Order and Disposition rupt Office of of himself and any Coassignee or Coassignees, or of any or vidends remaineither of them, any unclaimed Dividend or Dividends, amounting ing in their in the Whole to the Sum of Fifty Pounds, and shall not within Six Months after this Act shall have taken Effect, or Two Calendar Months after the Expiration of One Year after the Declaration and Order of Payment of such Dividend or Dividends made by the Commissioners, either pay to the Creditor or Creditors entitled thereto, or cause a Certificate thereof to be filed in the Office of the Lord Chancellor's Secretary of Bankrupts, containing a full and true Account of the Name or Names of the Creditor or Creditors to whom such unclaimed Dividend or Dividends is or are respectively due, and of the Amount of such Dividend or Dividends respectively (such Account being signed by the Assignee or Assignees rendering the same, and attested by the Solicitor to the Commission, or the Solicitor to the Assignee or Assignees signing the same) such Assignee or Assignees shall be Assignees negcharged, in account with the Estate of the Bankrupt, Interest upon lecting. such unclaimed Dividend or Dividends, to be computed from the Time that such Certificate is hereby directed to be filed, at the Rate of Five Pounds per Centum per Annum, for such Time as he Penalty. shall thenceforth retain the same, and also such further Sum as the Commissioners shall think fit, not exceeding in the Whole Twenty Pounds per Centum per Annum; and the Lord Chancellor, Lord Chanor the said Commissioners, may order the Investment of any un- cellor or Comclaimed Dividends in the Public Funds, or in any Government missioners may Security, for or on account of the Creditors entitled, and subject to such Order as the Lord Chancellor may think fit to make respecting the same, who, if he shall think fit, may, after the same shall have remained unclaimed for the Space of Three Years from the same among the Invest such Dividends, and after Three Years divide the other Creditors. Remedy for or not making Discovery of his Estate and Effects; the Declaration of such Dividends by the Commissioners, order the same to be divided amongst and paid to the other Creditors, and the Proof of the Creditors to whom such Dividends were allotted shall from thenceforth be considered as void as to the same, but renewable as to any future Dividends, to place them pari passu with the other Creditors, but not to disturb any Dividends which shall have been previously made. CXI. And be it enacted, That no Action for any Dividend shall be brought against the Assignees by any Creditor who shall have proved under the Commission, but if the Assignees shall refuse to pay any such Dividend, the Lord Chancellor may, on Petition, order Payment thereof, with Interest for the Time that it shall have been withheld, and the Costs of the Application. Bankrupt not CXII. And be it enacted, That if any Person against whom any surrendering Commission has been issued, or shall hereafter be issued, whereand submitting upon such Person hath been or shall be declared Bankrupt, shall to be examined; not, before Three of the Clock upon the Forty second Day after Notice thereof in Writing to be left at the usual Place of Abode of such Person, or personal Notice in case such Person be then in Prison, and Notice given in the London Gazette of the issuing of the Commission, and of the Meetings of the Commissioners, surrender himself to them, and sign or subscribe such Surrender, and submit to be examined before them, from time to time, upon Oath, or being a Quaker, upon solemn Affirmation; or if any such Bankrupt upon such Examination shall not discover all his Real or Personal Estate, and how and to whom, upon what Consideration, and when he disposed of, assigned or transferred any of such Estate, and all Books, Papers and Writings relating thereunto (except such Part as shall have been really and bona fide before sold or disposed in the way of his Trade, or laid out in the ordinary Expence of his Family); or if any such Bankrupt shall not upon such Examination deliver up to the Commissioners all such Part of such Estate, and all Books, Papers and Writings relating thereunto, as be in his Possession, Custody or Power, (except the necessary Wearing Apparel of himself, his Wife and Children); or if any such Bankrupt shall remove, conceal or embezzle any Part of such Estate, to the Value of Ten Pounds or upwards, or any Books of Account, Papers or Writings relating thereto, with Intent to defraud his Creditors, every such Bankrupt shall be deemed guilty of Felony, and be liable to be transported for Life, or for such Term, not less than Seven Years, as the Court before which he shall be convicted shall adjudge, or shall be liable to be imprisoned only, or imprisoned and kept to hard Labour in any Common Gaol, Penitentiary House or House of Correction, for any Term not exceeding Seven Years. or not delivering up his Goods, Books, &c.; or removing or embezzling to the Value of 101. Felony. Punishment. Lord Chan cellor may en CXIII. And be it enacted, That the Lord Chancellor shall have Power, as often as he shall think fit, from time to time to enlarge large Time for the Time for the Bankrupt surrendering himself for such Time as the Lord Chancellor shall think fit, so as every such Order be made Six Days at least before the Day on which such Bankrupt was to surrender himself. surrender. Allowance to Bankrupt for CXIV. And be it enacted, That it shall be lawful for the Commissioners, before the Choice of Assignees, and after such Choice, for the Assignees, with the Approbation of the Commissioners, testified testified in Writing under their Hands, from time to time to make such Allowance to the Bankrupt out of his Estate, until he shall have passed his last Examination, as shall be necessary for the Support of himself and his Family. Proviso for Surrender by Bankrupt apprehended. nees upon Oath; counts; tling Accounts. CXV. And be it enacted, That if any Bankrupt apprehended by any Warrant of the Commissioners shall, within the Time hereby allowed for him to surrender, submit to be examined, and in all Things conform, he shall have the same Benefit as if he had voluntarily surrendered. CXVI. And be it enacted, That the Bankrupt, after the Choice Bankrupt to deof Assignees, shall (if thereto required) forthwith deliver up to to liver up Books, them, upon Oath, before a Master, Ordinary or Extraordinary, in &c. to AssigChancery, or Justice of the Peace, all Books of Account, Papers and Writings relating to his Estate, in his Custody or Power, and discover such as are in the Custody or Power of any other Person; and every such Bankrupt, not in Prison or Custody, shall to attend Asat all Times after such Surrender attend such Assignees upon every signees; reasonable Notice in Writing for that Purpose given by them to him, or left at his House, and shall assist such Assignees in making out the Accounts of his Estate; and such Bankrupt, after he to be at liberty shall have surrendered, may, at all seasonable Times before the to inspect AçExpiration of the said Forty two Days, or such farther Time as shall be allowed to him to finish his Examination, inspect his Books, Papers and Writings, in the Presence of his Assignees, or any Person appointed by them, and bring with him each Time any Two Persons to assist him; and every such Bankrupt, after he shall after Certificate have obtained his Certificate, shall upon Demand in Writing given to attend Asto him, or left at his usual Place of Abode, attend the Assignees, signees in setto settle any Accounts between his Estate, and any Debtor to or Creditor thereof, or attend any Court of Record to give Evidence touching the same, or do any Act necessary for getting in the said Estate, for which Attendance he shall be paid Five Shillings Allowance. per Day by the Assignees out of his Estate; and if such Bankrupt Non-attendshall, after such Demand as aforesaid, not attend, or on such At- ance. tendance refuse to do any of the Matters aforesaid, without sufficient Cause shewn to the Commissioners for such Refusal, and by them allowed, the Assignees making Proof thereof upon Oath before the Commissioners, the said Commissioners may, by Warrant directed to such Person as they shall think proper, cause such Bankrupt to be apprehended and committed to such Prison as they Punishment. shall think fit, there to remain until he shall conform to the Satisfaction of the said Commissioners, or of the Lord Chancellor. CXVII. And be it enacted, That the Bankrupt shall be free from Arrest or Imprisonment by any Creditor in coming to surrender; and after such Surrender during the said Forty two Days, and such further Time as shall be allowed him for finishing his Examination, provided he was not in Custody at the Time of such Surrender; and if such Bankrupt shall be arrested for Debt, or on any Escape Warrant in coming to surrender, or shall after his Surrender be so arrested within the Time aforesaid, he shall, on producing the Summons under the Hands of the Commissioners to the Officer who shall arrest him, and giving such Officer a copy thereof, be immediately discharged; and if any Officer shall de- Officer detaintain any such Bankrupt after he shall have shown such Summons ing Bankrupt. G 6 GEO. IV. to Proviso for Examination, Penalty. Commissioners may adjourn last Examination. No Arrest. Penalty. Commissioners Assignees may appoint Persons to attend Bankrupt in Prison. Concealing Allowance on Discovery thereof. How far Bank rupt discharged by Certificate. Su 4/bing: 493 9B.&C./652 By Discharge of Bankrupt, to him, so signed as aforesaid, such Officer shall forfeit to such CXVIII. And be it enacted, That it shall be lawful for the Commissioners, at the Time appointed for the last Examination of the Bankrupt, or any Enlargement or Adjournment thereof, to adjourn such Examination sine Die; and he shall be free from Arrest or Imprisonment for such Time, not exceeding Three Calendar Months, as they shall by Indorsement upon such Summons as aforesaid appoint, with like Penalty upon any Officer detaining such Bankrupt after having been shown such Summons, CXIX. And be it enacted, That whenever any Bankrupt is in Prison, or in Custody, under any Process, Attachment, Execution, Commitment or Sentence, the Commissioners may, by Warrant under their Hands, directed to the Person in whose Custody such Bankrupt is confined, cause such Bankrupt to be brought before them at any Meeting, either public or private; and if any such Bankrupt is desirous to surrender, he shall be so brought up, and the Expence thereof shall be paid out of his Estate, and such Person shall be indemnified by the Warrant of the Commissioners for bringing up such Bankrupt: Provided that the Assignees may appoint any Persons to attend such Bankrupt from time to time, and to produce to him his Books, Papers and Writings, in order to prepare an Abstract of his Accounts, and a Statement to show the Particulars of his Estate and Effects previous to his final Examination and Discovery thereof; a Copy of which Abstract and Statement the said Bankrupt shall deliver to them Ten Days at least before his last Examination. CXX. And be it enacted, That any Person wilfully concealing any Real or Personal Estate of the Bankrupt, and who shall not within Forty two Days after the issuing of the Commission discover such Estate to One or more of the Commissioners or Assignees, shall forfeit the Sum of One hundred Pounds, and Double the Value of the Estate so concealed; and any Person who shall, after the Time allowed to the Bankrupt to surrender, voluntarily discover to One or more of the Commissioners or Assignees any Part of such Bankrupt's Estate, not before come to the Knowledge of the Assignees, shall be allowed Five per Centum thereupon, and such further Reward as the major Part in Value of the Creditors present at any Meeting called for that Purpose shall think fit, to be paid out of the Estate recovered on such Dis covery. CXXI. And be it enacted, That every Bankrupt who shall have duly surrendered, and in all Things conformed himself to the Laws in force concerning Bankrupts at the Time of issuing the Commission against him, shall be discharged from all Debts due by him when he became Bankrupt, and from all Claims and Demands hereby made proveable under the Commission, in case he shall obtain a Certificate of such Conformity, so signed and allowed, and subject to such Provisions as hereinafter directed; but no such Certificate shall release or discharge any Person who was Partner with such Bankrupt at the Time of his Bankruptcy, or fifths in Num- of Creditors or who was then jointly bound, or had made any joint Contract Partner not with such Bankrupt. discharged. CXXII. And be it enacted, That such Certificate shall be signed In what case by Four fifths in Number and Value of the Creditors of the Bank- Certificate to be rupt, who shall have proved Debts under the Commission to the signed by Four Amount of Twenty Pounds or upwards, or after Six Calendar Months from the last Examination of the Bankrupt, then either by Three fifths in Number and Value of such Creditors, or by Nine tenths in Number of such Creditors, who shall thereby testify their Consent to the said Bankrupt's Discharge as aforesaid; and no such Certificate shall be such Discharge, unless the Commissioners shall, in Writing under their Hands and Seals, certify to the Lord Chancellor that such Bankrupt has made a full Discovery of his Estate and Effects, and in all Things conformed as aforesaid, and that there does not appear any Reason to doubt the Truth or Fulness of such Discovery, and also that the Creditors. have signed in Manner hereby directed, and unless the Bankrupt make Oath in Writing that such Certificate and Consent were obtained without Fraud, and unless such Certificate shall, after such Oath, be allowed by the Lord Chancellor, against which Allowance any of the Creditors of the Bankrupt may be heard before the Lord Chancellor. CXXIII. And be it enacted, That in all Cases where any Petition for the Allowance of a Certificate shall have been presented to the Lord Chancellor previous to the passing of this Act, by virtue of the Act passed in the Fifth Year of the Reign of His present Majesty, and hereby repealed, by any Bankrupt whose Certificate shall have been signed by the requisite Number of Creditors, with the Exception of One whose Signature is thereto necessary, and by the Commissioners, it shall be lawful for the Lord Chancellor to allow any such Certificate, and such Certificate shall be a valid Discharge as aforesaid, provided such Petition shall have been duly served as in the said Act required. CXXIV. And be it enacted, That the Commissioners shall not sign any Certificate unless they shall have Proof, by Affidavit in Writing, of the Signature of the Creditors thereto, or of any Person thereto authorized by any Creditor, and of the Authority by which such Person shall have so signed the same; and if any Creditor reside abroad, the Authority of such Creditor shall be attested by a Notary Public, British Minister or Consul; and every such Affidavit, Authority and Attestation shall be laid before the Lord Chancellor, with the Certificate, previous to the Allowance thereof. CXXV. And be it enacted, That any Contract or Security made or given by any Bankrupt or other Person unto or in trust for any Creditor, or for securing the Payment of any Money due by such Bankrupt at his Bankruptcy, as a Consideration or with Intent to persuade such Creditor to consent to or sign such Certificate, shall be void, and the Money thereby secured or agreed to be paid shall not be recoverable; and the Party sued on such Contract or Security may plead the General Issue, and give this Act and the special Matter in Evidence. CXXVI. And be it enacted, That any Bankrupt who shall, after his Certificate shall have been allowed, be arrested, or have G 2 any Value, or Nine tenths in Number. Proviso for Petition for Altificates presented under Stat. 5 G.4. c. 98. lowance of Cer Proof of Signature of Cre ditors. Contracts and Securities to into sign, void. duce Creditors Bankrupt on from Arrest |