any Action brought against him for any Debt, Claim or Demand Sub Bing: hereby made proveable under the Commission against such Bank 493 Certificate Evidence of Proceedings. Such Bankrupt in Execution may be discharged without Fee. In what cases Bankrupt's future Effects shall vest in Assignees, notwithstanding Certificate. Allowance to if 12s. 6d.; and if 15s.; if under 10s. Partner may receive Allowance though the others not entitled. rupt, shall be discharged upon Common Bail, and may plead in general that the Cause of Action accrued before he became Bankrupt, and may give this Act and the special Matter in Evidence, and such Bankrupt's Certificate, and the Allowance thereof shall be sufficient Evidence of the Trading, Bankruptcy, Commission and other Proceedings precedent to the obtaining such Certificate; and if any such Bankrupt shall be taken in Execution, or detained in Prison for such Debt, Claim or Demand, where Judgment has been obtained before the Allowance of his Certificate, it shall be lawful for any Judge of the Court wherein Judgment has been so obtained, on such Bankrupt's producing his Certificate, to order any Officer who shall have such Bankrupt in Custody by virtue of such Execution, to discharge such Bankrupt without exacting any Fee, and such Officer shall be hereby indemnified for so doing. CXXVII. And be it enacted, That if any Person who shall have been so discharged by such Certificate as aforesaid, or who shall have compounded with his Creditors, or who shall have been discharged by any Insolvent Act, shall be or become Bankrupt, and have obtained or shall hereafter obtain such Certificate as aforesaid, unless his Estate shall produce (after all Charges) sufficient to pay every Creditor under the Commission Fifteen Shillings in the Pound, such Certificate shall only protect his Person from Arrest and Imprisonment, but his future Estate and Effects (except his Tools of Trade and necessary Household Furniture, and the Wearing Apparel of himself, his Wife and Children), shall vest in the Assignees under the said Commission, who shall be entitled to seize the same in like manner as they might have seized Property of which such Bankrupt was possessed at the issuing the Commission. CXXVIII. And be it enacted, That every Bankrupt who shall have obtained his Certificate, if the net Produce of his Estate shall pay the Creditors who have proved under the Commission Ten Shillings in the Pound, shall be allowed Five per Centum out of such Produce, to be paid him by the Assignees, provided such Allowance shall not exceed Four Hundred Pounds; and every such Bankrupt, if such Produce shall pay such Creditors Twelve Shillings and Sixpence in the Pound, shall be allowed and paid. as aforesaid Seven Pounds Ten Shillings per Centum, provided such Allowance shall not exceed Five hundred Pounds; and every such Bankrupt, if such Produce shall pay such Creditors Fifteen Shillings in the Pound or upwards, shall be allowed and paid as aforesaid Ten Pounds per Centum, provided such Allowance shall not exceed Six hundred Pounds; but if such Produce shall not pay such Creditors Ten Shillings in the Pound, such Bankrupt shall only be allowed and paid so much as the Assignees and Commissioners shall think fit, not exceeding Three Pounds per Centum and Three hundred Pounds. CXXIX. And be it enacted, That in all Joint Commissions under which any Partner shall have obtained his Certificate, if a sufficient Dividend shall have been paid upon the Joint Estate and upon the separate Estate of such Partner, he shall be entitled to his Allowance although his other Partner or Partners may not be entitled to any Allowance. CXXX. And CXXX. And be it enacted, That no Bankrupt shall be entitled In what Case to his Certificate, or to be paid any such Allowance, and that any Bankrupt not Certificate, if obtained, shall be void, if such Bankrupt shall have entitled to Cerlost, by any Sort of Gaming or Wagering, in One Day Twenty tificate, &c. Pounds, or within One Year next preceding his Bankruptcy Two hundred Pounds; or if he shall, within One Year next preceding his Bankruptcy, have lost Two hundred Pounds by any Contract for the Purchase or Sale of any Government or other Stock, where such Contract was not to be performed within One week after the Contract, or where the Stock bought or sold was not actually transferred or delivered in pursuance of such Contract; or shall, after an Act of Bankruptcy committed or in Contemplation of Bankruptcy, have destroyed, altered, mutilated or falsified, or caused to be destroyed, altered, mutilated or falsified, any of his Books, Papers, Writings or Securities, or made or been privy to the making of any false or fraudulent Entries in any Book of Account or other Document, with Intent to defraud his Creditors, or shall have concealed Property to the Value of Ten Pounds or upwards; or if any Person having proved a false Debt under the Commission, such Bankrupt being privy thereto, or afterwards knowing the same, shall not have disclosed the same to his Assignees within One Month after such Knowledge. CXXXI. And be it enacted, That no Bankrupt after his Certificate shall have been allowed under any present or future Commission, shall be liable to pay or satisfy any Debt, Claim or Demand, from which he shall have been discharged by virtue of such Certificate, or any Part of such Debt, Claim or Demand, upon any Contract, Promise or Agreement made or to be made after the suing out of the Commission, unless such Promise, Contract or Agreement be made in Writing, signed by the Bankrupt, or by some Person thereto lawfully authorized in Writing by such Bankrupt. CXXXII. And be it enacted, That the Assignees shall, upon Request made to them by the Bankrupt, declare to him how they have disposed of his Real and Personal Estate, and pay the Surplus, if any, to such Bankrupt, his Executors, Administrators or Assigns; and every such Bankrupt, after the Creditors who have proved under the Commission shall have been paid, shall be entitled to recover the Remainder of the Debts due to him; but the Assignees shall not pay such Surplus until all Creditors who have proved under the Commission shall have received Interest upon their Debts, to be calculated and paid at the Rate and in the Order following; (that is to say,) all Creditors whose Debts are now by Law entitled to carry Interest, in the Event of a Surplus, shall first receive Interest on such Debts at the Rate of Interest reserved or by Law payable thereon, to be calculated from the Date of the Commission, and after such Interest shall have been paid, all other Creditors who have proved under the Commission shall receive Interest on their Debts from the Date of the Commission, at the Rate of Four Pounds per Centum. CXXXIII. And be it enacted, That at any Meeting of Creditors after the Bankrupt shall have passed his last Examination, (whereof and of the Purport of which Twenty one Days' Notice shall have been given in the London Gazette), if the Bankrupt or his Friends G 3 shall Bankrupt not liable upon Promise to pay Debt discharged unless in by Certificate, Writing. Assignees, in case of Surplus, shall account and pay it to the Bankrupt. In case of a Surplus, all Interest at Rates herein mentioned. Debts to carry Nine tenths in ditors may ac cept a Compo sition which shall bind the shall make an Offer of Composition or Security for such Composition, which Nine tenths in Number and Value of the Crenly pater, pre sent citors assembled at such Meeting shall agree to accept, another bown apo kan provid Meeting for the Purpose of deciding upon such Offer shall be 7G-437-appointed, whereof such Notice as aforesaid shall be given; and 43 appointed, whereof if at such Second Meeting Nine tenths in Number and Value of the Creditors then present shall also agree to accept such Offer, the Lord Chancellor shall and may, upon such Acceptance being testified by them in Writing, supersede the said Commission. 9B Commission superseded. Mode of voting in deciding upon such Composition. Rules for Con Act. CXXXIV. And be it enacted, That in deciding upon such Offer as aforesaid, any Creditor whose Debt is below Twenty Pounds shall not be reckoned in Number, but the Debt due to such Creditor shall be computed in Value; and that any Creditor to the Amount of Fifty Pounds and upwards, residing out of England, shall be personally served with a Copy of the Notice of the Meeting to decide upon such Offer as aforesaid, and of the Purpose for which the same is called, so long before such Meeting as that he may have Time to vote thereat; and such Creditor shall be entitled to vote by Letter of Attorney, executed and attested in Manner hereby required for such Creditors voting in the Choice of Assignees; and if any Creditor shall agree to accept any Gratuity or higher Composition for assenting to such Offer, he shall forfeit the Debt due to him, together with such Gratuity or Composition ; and the Bankrupt shall (if thereto required) make Oath before the Commissioners that there has been no such Transaction between him or any Person with his Privity, and any of the Creditors, and that he has not used any undue Means or Influence with any of them to attain such Assent as aforesaid. CXXXV. And be it enacted, That this Act shall be construed struction of this beneficially for Creditors, and that nothing herein contained shall alter the present Practice in Bankruptcy, except where any such Alteration is expressly declared, and that it shall extend to Aliens, Denizens and Women, both to make them subject thereto, and to entitle them to all the Benefits given thereby; and that all Powers hereby given to or Duties directed to be performed by the Lord Chancellor, shall and may be exercised or performed by a Lord Keeper or Lords Commissioners of the Great Seal; and all Powers given to or Duties directed to be performed by the Commissioners or Assignees, may be exercised and shall be performed respectively by the major Part of the Commissioners or by One Assignee, where only One shall have been chosen; and that nothing herein contained shall render invalid any Commission of Bankruptcy now subsisting or which shall be subsisting at the Time this Act shall dobaffect take Effect, or any Proceedings which may have been had thereu Maggs. Hunt under, or affect or lessen any Right, Claim, Demand or Remedy Маду 4 Bing: 2/2 which any Person now has thereunder, or upon or against any Bankrupt against whom any Commission has or shall have issued, except as is herein specifically enacted; and that this Act shall tend to Scotland not extend either to Scotland or Ireland, except where the same are expressly mentioned. ба Proviso for subsisting Commissious. Act not to ex or Ireland. Commence ment of Act. CXXXVI. And be it enacted, That this Act shall not take Effect before the First Day of September One thousand eight hundred and twenty five; save and except that the Repeal of the Act Su Bung: 2/2 passed in the Fifth Year of the Reign of His present Majesty, 44 hereby 9BBC hereby repealed, and all Enactments herein contained relating to Certificates of Conformity, shall take Effect upon the passing of this Act. CA P. XVII. An Act to extend the Provisions of an Act of the Fifty ninth 6 W cessors; after reciting an Act passed in the Thirty ninth and 39 & 40 G.s. Fortieth Years of the Reign of His then present Majesty, in- c.88. tituled An Act concerning the Disposition of certain Real and Personal Property of His Majesty, His Heirs and Successors, and also of the Real and Personal Property of Her Majesty, and of the Queen Consort for the Time being; and also reciting an 47 G.3. Sess. 2. Act passed in the Forty seventh Year of His then present Ma- c.24. jesty's Reign, intituled An Act for explaining and amending an Act passed in the Thirty ninth and Fortieth Year of His present Majesty, concerning the Disposition of certain Real and Personal Property of His Majesty, His Heirs and Successors, and also of the Real and Personal Property of Her Majesty, and of the Queen Consort for the Time being, it was by the now reciting Act enacted, that in all Cases in which his Majesty, His Heirs or Successors, should in Right of His Crown, or of His Duchy of Lancaster, become entitled to any Freehold or Copyhold Manors, Messuages, Lands, Tenements or Hereditaments, either by Es'cheat for want of Heirs, or by reason of any Forfeiture, or by reason that the same had been or should be purchased by or for the Use of or in Trust for any Alien or Aliens, it should be lawful for His Majesty, His Heirs and Successors, by Warrant under His or Their Sign Manual, or under the Seal of the Duchy or County Palatine of Lancaster, according to the Nature of the Title to such Manors, Messuages, Lands, Tenements or Hereditaments respectively, to direct the Execution of any Trusts or Purposes to which the same might have been directed to be applied, and to make Grants of such Manors, Messuages, Lands, Tenements or Hereditaments, or any Parts thereof, or of any ‹ Rents or Profits then due and in arrear to His Majesty in respect thereof respectively, to such Person or Persons, and in such Manner and for such Purposes as is therein authorized and directed: And Whereas it is expedient that the Provisions of the 'said recited Act should be enlarged and extended, for the Purpose of enabling His Majesty to make Grants in certain other Cases not provided for by the said Act;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority 6 In Cases where His Majesty becomes entitled to Leasehold Manors, &c. either by Forfeiture, or by reason of being purchased for Aliens, His Majesty may direct the Exe cution of Grants of such Manors, &c. for any of the Purposes herein mentioned. of the same, That in all Cases in which His Majesty, His Heirs or Successors, hath or shall in Right of His Crown, or of His Duchy of Lancaster, become entitled to any Leasehold Manors, Messuages, Lands, Tenements or Hereditaments, either by reason of any Forfeiture, or by reason that the same have been or shall be purchased by or for the Use of or in Trust for any Alien or Aliens, it shall be lawful for His Majesty, His Heirs and Successors, by Warrant under His or Their Sign Manual, or under the Seal of the Duchy or County Palatine of Lancaster, according to the Nature of the Title to such Manors, Messuages, Lands, Tenements or Hereditaments respectively, to direct the Execution of any Trusts or Purposes to which the same may have been directed to be applied, and to make Grants of such Manors, Messuages, Lands, Tenements or Hereditaments, or any Parts thereof, for all or any Part of the Term or Terms of Years, or other Estate or Interest for which the same may be holden, or of any Rents or Profits then due and in arrear to His Majesty in respect thereof respectively, to any Trustee or Trustees, or otherwise, for the Execution of any such Trusts or Purposes, or to any Person or Persons for the Purpose of restoring the same to any of the Family of the Person or Persons whose Estates the same had been, or of carrying into Effect any intended Grant, Demise, Assignment or Bequest of any such Person or Persons in relation thereto, or of rewarding any Person or Persons, or his, her or their Family, making Discovery of any such Forfeiture, or of His Majesty's Right and Title thereto, as to His Majesty, His Heirs or Successors, shall seem fit; or to make any Grant or Grants of such Manors, Messuages, Lands, Tenements or Hereditaments, or any Part or Parts thereof, for all or any Part of the Term or Terms of Years, or other Estate or Interest for which the same may be holden, to any Person or Persons, or his, her or their Family, making such Discovery as aforesaid, or being of the Family, or considered or adopted as Part of the Family, of any Alien or Aliens, or to any Person or Persons whose Estate or Property the same have been, or being of the Family, or considered or adopted as Part of the Family of any such last mentioned Person or Persons, and his, her or their Heirs, Executors, Administrators and Assigns respectively, according to the Nature and Quality of the said Leasehold Estates, unconditionally, or in Consideration of Money to be paid either at or before the Execution of such Grant or Grants, or at any Time or Times subsequent thereto, and to such Person or Persons as His Majesty, His Heirs or Successors, shall be pleased to direct; and such Money, if not paid at the Execution of such Grant or Grants, to be a Charge upon the Manors, Messuages, Lands, Tenements or Hereditaments, for all or such Part of the Term or Terms of Years, or other Estate or Interest for which the same may be holden which shall be so granted, and to be secured by way of Mortgage or Trust, or in any other Manner, as His Majesty, His Heirs or Successors, shall think proper or be advised, and such Money to be applied for any of the Purposes of this Act; or to make any Grant or Grants of such Manors, Messuages, Lands, Tenements or Hereditaments, or any of them, for all or any Part of the Term or Terms of Years, or other Estate or Interest for which the same may be holden, unto any |