: Letter of attorney from cre parts, to autho rise signing bankrupt's certificate. Irish stat. Sect. 47. 10. And it is hereby enacted, That where any creditor in foreign ditor or creditors of any bankrupt reside in foreign parts, the letter of attorney of such creditor, attested by a notary public in the usual form, shall be a sufficient evidence of the power and authority by which any person thereby authorized shall sign any bankrupt's cer tificate; any thing in the said act of the fifth year of his present majesty's reign to the contrary thereof in any wise notwithstanding. (2) ་ 4 Geo. 3. c. 23. 1764. AN ACT FOR PREVENTING INCONVENIENCES ARISING WHEREAS merchants, bankers, brokers, factors, scriveners, and traders, within the description of the statutes relating to bankrupts, having privilege of parliament, are not compellable to pay their just debts, or to become bankrupts, by reason of the freedom of their persons from arrests upon civil process, and some doubts have also arisen, whether in cases of bankruptcy, a commission can be sued out during the continuance of such privilege; to remedy which inconveniences, and to support the honour and dignity of parliament, and good faith and credit in commercial dealings, which require that in such cases the laws should have their due course, and that no such merchants, bankers, brokers, factors, scriveners, or traders, in case of actual insolvency should, (2) By the 5 Geo. 2. c. 30. s. 10. any person may sign the certificate, who is duly authorized thereunto; one would therefore have thought that this section was unnecessary by any privilege whatever be exempted from doing equal justice to all their creditors," be it 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 it is hereby enacted, by the authority of the same, That from and after the ele- From and after 11th May 1764 venth day of May, one thousand seven hundred and six- creditors of ty-four, it shall be lawful for any single creditor, or two any merchant, or more creditors being partners, whose debt or debts description of shall amount to one hundred pounds or upwards, and for ing to bankany two creditors whose debts shall amount to one privilege of hundred and fifty pounds or upwards, or any three or parliament, &c. within the the laws relat rupts, having the debts and the courts at movs. or origi may upon affimore creditors, whose debts shall amount to two hundred davits made of pounds or upwards, of any person or persons deemed filed in any of a merchant, banker, broker, factor, scrivener, or trader westminster, or traders, within the description of the acts of parliament relating to bankrupts, having privilege of parliament, at any time, upon affidavit or affidavits being made and filed on record in any of his majesty's courts at Westminster, by such creditor or creditors, that such debt or debts is or are justly due to him or them respectively, and that every such debtor as he or they sue out a sumverily believe is a merchant, banker, broker, factor, nal bill, &c. scrivener, or trader, within the description of the statutes debtor, relating to bankrupts, to sue out of the same court, summons, or an original bill and summons against such merchant, banker, broker, factor, scrivener, or trader, and serve him with a copy thereof; and if such merchant, and if he shall banker, factor, scrivener, or trader, shall not, within two months, pay, months after personal service of such summons (affidavits of the debt or debts having been duly made and filed as aforesaid) pay, secure, or compound for such debt or debts, to the satisfaction of such creditor or creditors, or enter into a bond in such sum, and with two such sufficient sureties as any of the judges of that court, out of against such not, within two secure, or compound for the debt, rupt, and a commission he shall be ad- which such summons shall issue, shall approve of, to judged a bankpay such sum as shall be recovered in such action or may be accord- actions, together with such costs as shall be given in ingly sued out the same, he shall be accounted and adjudged a bankagainst him. rupt from the time of the service of such summons; and any creditor or creditors may sue out a commission against any such person, and proceed thereon in like manner as against other bankrupts. (1) But this act is not to extend were contract ed before 8th March 1764. 2. Provided always, and it is hereby declared, That to such debts as this act shall not extend, or be deemed or construed to extend to any such debt or debts as aforesaid, contracted before the eighth day of March, one thousand seven hundred and sixty-four, any thing hereinbefore contained to the contrary thereof, in any wise notwithstanding. But any mer- ruptcy after the last day of this session, the creditors may sue out a commission against him, 3. And be it further enacted by the authority aforesaid, That if any merchant, banker, broker, factor, scrivener, or trader, shall after the last day of this session of parliament, commit any act of bankruptcy, that then and in such case any creditor or creditors as aforesaid, may sue out a commission of bankrupt against such (1) All the acts of bankruptcy being voluntary acts, or acts which the trader may avoid, except one, viz. lying in gaol two months under an arrest, and members of parliament being privileged from arrest in civil suits, this statute became necessary to compel members of either house, being traders, to discharge their debts, or be subject to a commission of bankrupt. The same person who compels the member of parliament to commit this act of bankruptcy, may sue out a commission upon it. See observations upon the inconvenience that a creditor cannot sue out a commission against his debtor, whom he has taken in execution, p. 218. ante. By the Irish statute,11 & 12 Geo. 3. c. 8. s. 1. all traders having privilege of parliament are made subject to the bankrupt law in Ireland in a more simple manner than by this statute. and the and the compersons ceed therein as missioners pro merchant, banker, broker, scrivener, or trader, commissioners in such commission, and other may proceed thereon in like manner as against other against other bankrupts notbankrupts; any privilege of parliament to the contrary withstanding notwithstanding. his privilege. rest, &c. ex 4. Provided nevertheless, and be it enacted, That Persons intitled to privilege not nothing in this act shall subject any person intitled to subject to arprivilege of parliament, to be arrested or imprisoned cept in cases during the time of such privilege, except in cases made made felony. felony by the acts relating to bankrupts, or any of them. (2) (2) See further regulations upon the bankruptcy of traders having the privilege of parliament by the 45 Geo. 3. c. 124. By the 19 & 20 Geo. 3. c. 25. s. 9. Irish statutes, if a commission of bankrupt issues against any member of the house of commons, the commissioners must certify to the speaker of the house at the expiration of six months after the commission is issued that the bankrupt's creditors are not fully satisfied, and that the commission is not superseded, if the facts are so; and thereupon the speaker shall declare his seat vacant, and shall issue a writ for the election of a member in the place of the bankrupt. A bill to make a similar law respecting the members of parliament for England, is now introduced into the house of commons. END OF THE FIRST VOLUME. C C ERRATA ET ADDENDA. Page 13, notes, line 11, for interests, read intérest. 49, note, last line, for Bolden, read Bolton. 81, place (2) at the end of section 3. 131, note, line 24, after M'Williams, add 1 Sch. & Lef, 169. 134, note, line 19, for forty-second, read forty-two. 151, note, line 29, for signifies, read signify. 157, note, line 19, after creditors, add fairly. line 29, after Bernal add, 11 Ves. 557. 212, note, line 17, for has, read have. 213, note, line 20, for commission, read omission. 294, note, line 35, for on, read or. 315, note, line 37, after only, add be. 328, note, line 29, for is, read as. N.B. The second volume will contain all the Irish and the remaining English Bankrupt Statutes, the General Orders of the Chancellor, tó which will be subjoined Notes, referring to every material decision in Bankruptcy, which is not taken notice of in the present volume; to these will be added the most useful precedents, and a copious Index to the whole. The two volumes are intended to form a Complete System to the Bankrupt Law, including both Theory and Practice. |