Vendees of

copyhold lands

3. Provided_always, and be it enacted by the authorishall compound ty aforesaid, That all and every person and persons, to

with the lord

of the manor for their fines.

whom any such sale of copyhold or customary lands or tenements shall be made, shall, before such time as they or any of them shall enter or take any profit of the same lands or tenements, agree and compound with the lords of the manors of whom the same shall be holden, for such fines or incomes, as heretofore hath been most usual and accustomed to be yielded or paid therefore; and that upon every such agreement or composition, the said lords for the time being, at the next court to be holden at or for the said manors, shall not only grant unto the said vendee or vendees, upon request, the same copy or customary lands, or tenements, by copy of court roll of the same manors, for such estate or interest as to them shall be so sold, and reserving the ancient rents, customs, and services; but also in the same court admit them tenants of the same copy and customary lands, as other copyholders of the same manors have been wont to be admitted, and to receive their fealty accordingly. (3)

to apprehend the bankrupt; the warrant of seizure; the relation to the act of bankruptcy; the inventory and appraisement of the bankrupt's estate and effects; the bargain and sale enrolled; the proof of debts; the dividend; the inability of the bankrupt to dispose of his property after the act of bankruptcy; the transfer of copyholds by the bargain and sale, by which the lord is bound. The commissioners power to apprehend the bankrupt, where it is necessary, must be exercised according to the directions of 5 Geo. 2. c. 30. sect. 14.

(3) General assignees did not exist by the three first statutes, but the purchasers of the bankrupt estate took immediately from the commissioners.

The vendee of the commissioners cannot receive the rents and profits of the estate till he has agreed with the lord for the accustomed fine, and then the lord is bound to admit him as any other copyholder.

If the copyhold of the bankrupt is conveyed by the commissioners to a general assignee under the 5 Geo. 2. c. 30, he must pay a fine to the lord, and when he surrenders again to a purchaser, he must pay another fine. Lord Hardwicke has therefore advised, that copyholds

sioners shall de

they have be

4. Provided always, and be it enacted by the authori- The commisty aforesaid, That such of the said commissioners as shall clare to the put the said commission in execution, shall, upon lawful bankrupt how request to them made by the said bankrupts, not only stowed his lands andgoods, make a true declaration to the same bankrupt, of the im- and pay the overplus to ploying and bestowing of their said lands, tenements, of- him. fices, fees, goods, chattels, and debts so paid and satisfied, to their said creditors, but also make payment of the overplus of the same, if any such shall be, to the said bankrupts, their executors, administrators, or assigns. (4)

should not be conveyed to the general assignees, but should be conveyed immediately by the commissioners to the purchaser, in consequence of which only one fine will be due to the lord, and no inconvenience can ensue as copyholds cannot be affected by an extent from the crown. Drury v. Man, 1 Atk. 96.

(4) All debts, which carry interest, have interest computed upon them only to the date of the commission, but if there is a surplus, after all the debts proved shall have received 20s. in the pound, interest is to be calculated and paid upon all the bonds,bills or debts bearing interests,and then the remaining surplus is to be paid over to the bankrupt,but interest is not to be computed beyond the penalty of a bond.If the bankrupt is dead intestate, then the interest is to be paid out of the personal estate; but if that is not sufficient, and there is real property of the bankrupt unsold, so much of it is to be sold as will make up the deficiency. If there is a surplus both of personal property and real property, after the payment of interest, then the personal property must be assigned to the bankrupt's next of kin, and the real estate to the heir at law. Promley v. Goodere, 1 Atk. 75.

Interest will be allowed in the proof of debts even where it does not appear upon the face of the instrument or contract, if it can be shewn by direct or circumstantial evidence to have been the intention of the contracting parties. Exparte Hankey, 3 Bro. 504.

In the case of a surplus the bankrupt must have his allowance before the creditors are allowed interest, Exparte Morris, 3 Bro. 79. The Master of the Rolls has decided that interest should be allowed in equity upon a promissory note or bill of exchange payable on demand, or upon a certain day, from the demand,or from the day, as damages

The remedy

where goods or

rupt be in the

5. And be it further enacted by the authority aforesaid, debts of bank- That if after any such act or offence committed, and comhands of others. plaint thereof made to the said commissioners so to be appointed, as is aforesaid, or the more part of them, by any party grieved, as is aforesaid, concerning the premises, knowing, supposing or suspecting any of the goods, chattels, wares, merchandizes, or debts of such offender or offenders, debtor or debtors, to be in the custody, use, occupying, keeping, or possession of any person or persons; or any person or persons to be indebted to any such offender or offenders; do make relation thereof to the said commissioners so to be appointed, or the more part of them: that then the said commissioners, or the most part of them, shall by virtue hereof, and of the said commission, have, full power and authority to send for, and call before them, by such process, ways or means, as they shall think convenient by their discretions,all and every such person or persons so known, suspected, or supposed to have any such goods, chattles, wares, merchandizes, or debts, in his or their custody, use, occupation, keeping or possession, or supposed or suspected to be indebted to such offender or and to examine offenders, and, upon their appearance, to examine them,

on oath.

are allowed at law. Lowndes v. Collins, 15th February 1801. Interest ought therefore in such cases to be conputed in bankruptcy as if it had been expressed.

Lord Redesdale has decided in the Court of Chancery in Ireland, that a voluntary or gratuitous bond may be proved under a commission of bankrupt, but it must be postponed to all other debts, or that nothing must be allowed upon it until all other debts are satisfied, and then it shall be paid out of the surplus, and the remainder, if any, shall be paid over to the bankrupt. Where a voluntary bond was given to a wife and children after marriage he said, "The proper order to make in case of a voluntary bond is not to expunge it, but that it shall not be set up against the creditors; but if there be a surplus, after payment of all joint and separate debts, the party shall be allowed to come in." Assignees of Gardiner v. Skinner, 2 Sch. and Lefroy, 228.

and every of them, as well by their oaths as otherwise, by such ways and means as the said commissioners,or the more part of them by their discretions shall think meet and convenient,for and upon the specialty, certainty, true declaration and knowledge of all and singular such goods,chattels, wares,merchandizes, and debts of any such offender or of fenders as be supposed or suspected to be in his or theircustody, use, occupation, or possession, and all such debts, as by them shall be supposed or suspected to be owing to any such offender or offenders. (5)

such as be ex-,

will not disclose

6. And if any such person or persons, upon examina- The penalty of tion, do not disclose and plainly declare and shew the whole amined, that truth of such things, as he or they shall be examined of the truth, or concerning the premisses, to his knowledge, or do deny to refuse to swear. swear, then every such person or persons so denying to swear, or being examined do not declare the plain and whole truth concerning the premisses, upon due proof thereof to be made before the said commissioners, or the more part of them so to be appointed, as is aforesaid, by witness, examination, or otherwise, as to the said commissioners, or the more part of them, shall seem sufficient in that behalf, shall lose and forfeit double the value of all such goods, chattels, wares, merchandizes, and debts, by them or any of them so concealed, and not wholly and plainly declared and shewed: which forfeiture shall be levyed by How the forthe said commissioners, or the more part of them, of the recovered and lands, tenements, hereditaments, goods, and chattels, of employed. such person so denying to swear, or not disclosing the whole truth, as is aforesaid, by such ways and means, and in such manner and form, as is before limited and appointed for the principal offender or offenders, debtor or debtors; and the same forfeiture or forfeitures, to be dis- to be applied to the payment tributed or imployed to and for the satisfaction and pay- the bankrupt's ments of the debts of the said creditor or creditors, in debts. such like manner, rate, and form, as is before declared, con-.

(5) See this more fully provided in 1J. 1. c. 15, sect. 10.

feiture shall be

cerning the ordering of the lands and tenements, offices, fees, goods and chattels of such offender or offenders, debtor or debtors, as is aforesaid. (6)

7. And be it further enacted, That if at any time before or after that any such person or persons, departeth the realm, or shall keep his or their house or houses, or otherwise absent him or themselves, or take sanctuary, or suffer him or themselves to be arrested, outlawed, or yield his or their bodies to prison, as is aforesaid: any person or persons do fraudulently, by covin or collusion, claim, demand, recover, possess, or detain any debts, duties, goods, chattels, lands, or tenements, by writing, trust, otherwise, which were or shall be due, belonging or appertaining to any such offender or offenders, other than such as he or they can and do prove to be due by right and conscience in form aforesaid, for money paid, wares delivered, or other just consideration or cause reasonable, to the just value thereof, before the said commissioners so to be appointed, or the more part of them, as is aforesaid, and the same to proceed (bona fide) without fraud or covin: that then every such person or persons, so craftily demanding, claiming, having, possessing, or detaining any such debt, duty, or other thing as is aforesaid, shall forfeit and lose double as much as he or they shall so claim, demand, detain, or possess; which said forfeiture shall be levied, recovered, and imployed in manner and form as is afore rehearsed.

8. Provided also, and be it enacted by the authority aforesaid, That if it shall fortune the creditors of any such bankrupt, as is aforesaid, to be satisfied and paid off their debts and duties, of or with the proper lands, tenements, goods, chattels, and debts of the said bankrupt's, or of or with the same, and some part of the forfeitures of the said double values, to be forfeited, as is aforesaid, and that there shall remain an overplus of the said forfeiture of the said

(6) The penalty by the 1 J. 1. c. 15, sec. 11, is made the punishment of perjury.