commissioner shall and may in that case proceed in execution, in and upon the said commission, for and concerning the offender's goods, lands, tenements, hereditaments and debts, in such sort as they might have done if the party offender were living. (11) 21 Jac. I. c. 19. 1623. AN ACT FOR THE FURTHER DESCRIPTION OF A BANK- rupts shall be FORASMUCH as daily experience sheweth, that the Laws made number and multitude of bankrupts do increase more against bankand more, and also the frauds and deceits invented and beneficially construed for practised for the avoiding and eluding the penalties of the the creditors. good laws in that behalf already made, and the remedy by them provided: and for that divers defects are daily found in the former statutes made against bankrupts, both in the description of a bankrupt, as also in the power given to the commissioners for the discovery and distributing the bankrupt's estate, to the great encouragement of evil-minded persons, the hindrance of traffick and commerce, the great decay, overthrow, and undoing of many clothiers, by whom many thousands of the natural born subjects of (11) Lord Chancellor Talbot has declared that whatever was done in pursuance of the commission was a dealing in it, if never so minute. Warrington v. Nortons, Forr. 184. It should seem then, if the commissioners meet and qualify themselves by taking the oath, and the bankrupt dies after that time, they may proceed, but if he dies before that time they ought not to proceed, or the commission ought to be superseded. Who shall be deemed a bankrupt. Acts of bankruptcy. this realm, be from time to time in all parts of this kingdom set on work: all which do tend to the general hurt of this realm: for remedy whereof be it enacted by the King's most excellent Majesty, the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That all and singular the aforesaid statutes and laws, heretofore made against bankrupts, and for relief of creditors, shall be in all things largely and beneficially construed and expound, ed for the aid, help, and relief of the creditors of such person or persons as already be, or hereafter shall become bankrupt. 2. And that all and every person or persons using, or that shall use the trade of merchandize, by way of bargaining, exchange, bartering, chevisance, or otherwise, in gross, or by retail, or seeking his or her living, by buying and selling, or that shall use the trade or profession of a scrivener, receiving other men's monies or estates into his trust or custody, who at any time after the end of this present session of parliament, shall, either by himself, or others by his procurement, obtain any protection or protections, other than such person or persons as shall be lawfully protected by the privilege of parliament, or shall prefer or exhibit unto his Majesty, his heirs or successors, or unto any of the King's courts, any petition or petitions, bill or bills, against his or her creditor or creditors, or any of them, thereby desiring or endeavouring to compel or enforce them, or any of them, to accept less than their just and principal debts, or to procure time, or longer days of payment, than was given at the time of their original contracts, or, being indebted to any person or persons in the sum of one hundred pounds or more, shall not pay, or otherwise compound for the same, within six months next after the same shall grow due, and the debtor be arrested for the same, or within six months after an original writ sued out to recover the said debt, and notice thereof given unto him, or left in writing at his or their dwelling house or last place of abode, or being arrested for debt, shall, after his or her arrest, lie in prison two months or more, upon that or any other arrest or detention in prison for debt; or being arrested for the sum of one hundred pounds or more, of just debt or debts, shall at any time after such arrest escape out of prison, or procure his enlargement by putting in common or hired bail, shall be accounted and adjudged a bankrupt to all intents and purposes; and in the said cases of arrest, or lying in prison. for such debt or debts, or getting forth by common or hired bail, from the time of his or her said first arrest. (1) 3. And be it further enacted by the authority of this Commissions, orders, &c. present parliament, That the like commissions, orders, provided by 15 benefits, and remedies, which are and be provided and Jac. 15. shall be pursued alimited by the said former acts of parliament, made in the gainst him that thirteenth year of the late Queen Elizabeth, and in the first is described to year of the reign of our sovereign Lord the King's Majesty, by this act. against any bankrupts, in them oreither of them described, or for or concerning his, her, or their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandize, and debts, or any of them, shall and may be had, pursued, taken and expounded against such (1) Who is to be considered a scrivener, will be explained under the 11 and 12 Geo. 3, c. 8, sect. 1, Irish statute. The obtaining protections, and exhibiting petitions to compel the creditors to take less than their debts have long been disused; all the rest of this section is repealed by the 10 Ann. c. 15, except that if any trader being arrested for debt, shall, after his or her arrest or dutention in prison for debt, lie in prison two months or more upon that or any other arrest or detention in prison for debt; or being arrested for the sum of one hundred pounds or more, of just debt or debts, shall at any time after such arrest escape out of prison, he shall be adjudged a bankrupt, and in such cases of arrest or lying in prison for such debt or debts from the time of his or her said first arrest. El. 7. and 1 be a bankrupt Orders, &c. provided by this act shall be pursued against him to be a bank c. 7. & 1 Jac. c. 15. person and persons as are herein and hereby declared, described, or expressed to be bankrupts, and against his, her, and their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandize, and debts, in such manner and form, as the same ought and might have been, if the persons herein declared, described, or expressed to be bankrupts, had been by the said statutes, or either of them, described to be bankrupts, to all intents and purposes whatsoever. 4. And be it further enacted by the authority aforesaid, That the same orders, benefits and remedies, which are, and be provided and limited by this present act, against thatis described any bankrupts, in or by this act declared, described, or rupt by 13 El. expressed to be bankrupts, or for or concerning his, her or their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandizes, and debts, or any of them, or the discovery of them, or any of them, shall from henceforth be had, pursued, taken, and expounded against such person or persons, as are declared or -expressed to be bankrupts, by the said former acts of parliament, or either of them, and against his, her, and their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandizes, and debts, in such manner and form as the same ought and might have been, if the persons in the former statutes, or either of them, described to be bankrupts, had been mentioned and described to be bankrupts in and by this present act. The bankrupt's wife inay be discovery of the bankrupt's pro perty. 5. And whereas by the former laws the commissioners examined for appointed have power to examine the bankrupt himself, and such person or persons as are suspected to have or detain any of the estate, goods, or chattels of the bankrupts, but some doubt hath been made whether the commissioners have power to examine the wives of the bankrupts touching the same, by reason whereof the bankrupts wives do daily conceal and convey away, and cause to be conveyed away much part of their husband's monies, wares, goods, merchandize, and other estate, to person or persons unknown to any but such wives, by reason whereof much of the bankrupt's estate is concealed and detained from the creditors. s. 34. 6. For clearing therefore the said doubt, and avoiding Irish stat the inconveniences aforesaid, be it declared and enacted by the authority aforesaid, That after such time as any person shall by the said commissioners, executing the said commission, or the greater part of them, be lawfully adjudged or declared to be a bankrupt, the said commissioners executing such commission, shall have power and authority to examine upon oath the wife and wives of all and every such bankrupt, for the finding out and discovery of the estate and estates, goods, and chattels, of such bankrupt or bankrupts, concealed, kept, or disposed of, by such wife or wives, in their own persons, or by their own act or means, or by any other person or persons. And that she and they, the said wife and wives, shall incur such danger and penalty for not coming before the said commissioners, or for refusing to be sworn and examined, or for not disclosing the truth upon his or their examination or examinations, as in and by the said former laws, or either of them, is already made and provided against any other person or persons in like cases. (2) (2) There is a short report in Brownlow which proves that the doubt stated in the preamble to this section had existed, Anon. 10 Jac. A. D. 1612. Brownlow, 47. The court was moved to know whether the wife of a "bankrupt can be examined by the commissioners upon "the statute of bankrupt, and they were of opinion she "could not be examined." This short case is of great importance to shew what steps the commissioners took to obtain information and indemnity at the commencement of the exercise of their authority. It will be endeavoured to be proved in Appendix B. that from similar motions and applications the court of Chancery has acquired its present extensive jurisdiction in bankruptcy. |