Witnesses to pences. ings and other Documents as aforesaid, in his Custody or Power, to the Production of which no such Objection as aforesaid has been allowed. XXXV. And be it further enacted, That where any Witness is have their Ex- summoned to attend before the Commissioners at any Meeting appointed prior to the Adjudication, his necessary Expences shall be tendered to every such Witness, in like Manner as is now by Law required upon Service of a Subpoena to a Witness in any Action at Law; and where any Witness is summoned to attend before the said Commissioners at any other Meeting, every such Witness shall have such Costs and Charges as the said Commissioners in their Discretion shall think fit. Commissioners may summon Bankrupt, Power to examine Bankrupt. XXXVI. And be it enacted, That the Commissioners may, by Writing under their Hands, summon any Bankrupt before them, whether such Bankrupt shall have obtained his Certificate or not; and in case he shall not come at the Time by them appointed, having no lawful Impediment, made known to them at such Time, and allowed by them, the said Commissioners may by Warrant under their Hands and Seals authorize any Person or Persons they shall think fit to arrest such Bankrupt, and bring him before them; and upon the Appearance of such Bankrupt, or if such Bankrupt be present at any Meeting of the said Com missioners, it shall be lawful for them to examine such Bankrupt upon Oath, either by Word of Mouth or on Interrogatories in Writing, touching all Matters relating either to his Trade, Deal ings or Estate, and to reduce his Answers into Writing, which Examination so reduced into Writing the said Bankrupt shall sign and subscribe; and if such Bankrupt shall refuse to be sworn, or to answer any Questions put to him by the Commissioners, touching any of the Matters aforesaid, or to sign and subscribe his Examination so reduced into Writing as aforesaid, (not having an amination, may Objection allowed by the said Commissioners), they may, by Warrant under their Hands and Seals, commit him to such Prison as they shall think fit, there to remain without Bail until he shall submit himself to the said Commissioners to be sworn, and full Answer make, to their Satisfaction, to such Questions as shall be put to him, and sign and subscribe such Examination. Bankrupt refusing to be sworn, or answer or sub scribe his Ex be committed. Commissioners Gaoler suf fering Escape, Prisoner to a XXXVII. And be it enacted, That the Commissioners may summon before them the Wife of any Bankrupt, and examine her as to the Estate and Effects of such Bankrupt; and she shall incur such Danger or Penalty for not coming before the Commissioners, or for refusing to be sworn and examined, or to sign or subscribe her Examination, or for not disclosing the Truth, as is hereby provided against other Persons. XXXVIII. And be it enacted, That if any Gaoler to whose Cus tody any Bankrupt or other Person shall be committed as aforesaid, shall suffer such Bankrupt or other Person to escape, every such Gaoler shall forfeit Five hundred Pounds; and every such Gaoler shall, upon the Request of any Creditor who shall have proved under the Commission, and who shall produce a Certificate thereof under the Hands of the Commissioners, (which they shail give gratis), forthwith produce any Person so committed as afore Isaid to such Creditor; and if such Gaoler shall not produce such such Person to such Creditor, he shall forfeit One hundred Pounds. Warrant. may recommit XXXIX. And be it enacted, That if any Person be committed Questions to be by the Commissioners for refusing to answer, or not fully answer- specified on ing any Question put to him by the said Commissioners, they shall in their Warrant of Commitment specify every such Question: Provided that if any Person committed by the Commis- If Habeas sioners shall bring any Habeas Corpus, in order to be discharged Corpus brought from such Commitment, and there shall appear on the Return of on such Comsuch Habeas Corpus any such Insufficiency in the Form of the mitment, Judge Warrant whereby such Person was committed, by reason whereof Prisoner. he might be discharged, the Court or Judge before whom such Party shall be brought by Habeas Corpus, shall re-commit such - Person to the same Prison, there to remain until he shall con form, unless it shall be shown to such Court or Judge, by the Party committed, that he has fully answered all lawful Questions put to him by the Commissioners, or if such Person was committed for refusing to be sworn, or for not signing his Examination, unless it shall appear to any Court or Judge, that he had a sufficient Reason for the same: Provided also, that such Court or Court or Judge Judge shall, if required thereto by the Party committed, inspect may look at the and consider the Whole of the Examination of such Party whereof any such Question was a Part, and if it shall appear from the whole Examination that the Answer or Answers of the Party committed is or are satisfactory, such Court or Judge may order the Party so committed to be discharged. Whole of the XL. And be it enacted, That in every Action, in respect of In Actions of any such Commitment, brought by any Bankrupt or other Person false Imprisonso committed, the Court or Judge before which or whom such ment, the Court may look at the Action is tried, shall, if thereto required by the Defendant or Whole of the Defendants in such Action, in case the Whole of the Examination Examination of of the Party so committed shall not have been stated in the War- the Party com-rant of Commitment, inspect and consider the Whole of such mitted. Examination; and if upon such Inspection and Consideration it shall appear to such Court or Judge that the Party was lawfully committed, the Defendant or Defendants in such Action shall have the same Benefit therefrom as if the Whole of such Examination had been therein stated. ney or sioner in less XLI. And be it enacted, That no Writ shall be sued out No Writ to be against, nor Copy of any Process served on any Commissioner, sued out against for any Thing by him done as such Commissioner, unless Notice any Commisin Writing of such intended Writ or Process shall have been deli- than a Month vered to him, or left at his usual Place of Abode, by the Attor- after Notice Agent for the Party intending to sue or cause the same given. to be sued out or served, at least One Calendar Month before the suing Out or serving the same; and such Notice shall set forth use of Action which such Party has or claims to have such Commissioner; and on the Back of such Notice indorsed the Name of such Attorney or Agent, together e Place of his Abode, who shall receive no more than Shillings for preparing and serving such Notice. the Ca agains shall b with t Twent XLI I. And be it enacted, That no such Plaintiff shall recover Plaintiff not any Verdict against such Commissioner in any Case where the to recover unAction shall be grounded on any Act of the Defendant as Com- less Notice Nn 2 missioner, proved. No Evidence of any thing not contained in Notice. Tender of Amends within after Notice, bar, &e. missioner, unless it is proved upon the Trial of such Action that XLIII. And be it enacted, That every such Commissioner may, at any Time within One Calendar Month after such Notice, tender Amends to the Party complaining, or to his Agent or Attorney, and if the same is not accepted may plead such Tender and pleaded in in bar to any Action brought against him grounded on such Writ or Process, together with the Plea of Not Guilty, and any other Plea with Leave of the Court; and if, upon Issue joined thereon, the Jury shall find the Amends so tendered to have been suffcient, they shall give a Verdict for the Defendant; and if the Plaintiff shall become nonsuit, or shall discontinue his Action, or if Judgment shall be given for such Defendant upon Demurrer, such Commissioner shall be entitled to the like Costs as he would have been entitled to in case he had pleaded the General Issue only; and if upon Issue so joined the Jury shall find that no Amends were tendered, or that the same were not sufficient, and also against the Defendant on such other Plea or Pleas, they shall give a Verdict for the Plaintiff, and such Damages as they shall think proper, which he shall recover together with Costs of Suit: Provided, that if any such Commissioner shall neglect to tender any Amends, or shall have tendered insufficient Amends before the Action brought, he may, by Leave of the Court where such Action shall depend, at any Time before Issue joined, pay into Court such Sum of Money as he shall think fit, whereupon such Proceedings shall be had in Court, as in other Actions where the Defendant is allowed to pay Money into Court. Amends may be paid into Court before Issue joined. Limitation of De XLIV. And be it enacted, That every Action brought against any Person, for any Thing done in pursuance of this Act, shall be commenced within Three Calendar Months next after the Fact committed; and the Defendant or Defendants in any such Action General Issue. may plead the General Issue, and give this Act and the Special Matter in Evidence at the Trial, and that the same was done by Authority of this Act; and if it shall appear so to have been done. or that such Action was commenced after the Time before limited for bringing the same, or brought in any other County than as aforesaid, the Jury shall find for the Defendant or Defendants: and if there be a Verdict for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinued his or their Action or Suit after Appearance thereto; or if, upon murrer, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall recover Double Costs. XLV. And be it enacted, That the Commissioners may by Writing under their Hands appoint One or more Person or PerAssignees until sons an Assignee or the Assignees of Bankrupt's Real and Personal Estate, or of any Part thereof which shall by such Writing be vested in such Assignee or Assignees, without any Convey ance or Deed of Assignment, until the Choice of Assignees by the Creditors; and upon such Choice, the Consent in Writing of the Assignees so chosen to accept the Assignment of the Bankrupt's Double Costs. Commissioners may appoint others are chosen by Creditors. E-tate 1 Estate, when verified by the Commissioners, shall divest such Estate out of the Assignee or Assignees so appointed by the Commissioners; and every such Assignee so appointed by the Commissioners shall deliver up all the Estate of the Bankrupt come to his Possession to the Assignees so chosen as hereinafter mentioned; and if such first Assignee or Assignees shall not within First Assignee Ten Days after Notice given of the said Choice of Assignees, not delivering and of their Consent to accept such Assignment, signified to the Effects to new. first Assignee or Assignees by Writing under their Hands, make such Delivery as aforesaid, every such first Assignee shall forfeit Two hundred Pounds. Ones. Penalty 2001. Debts how to XLVI. And be it enacted, That at the Three several Meetings so appointed by the Commissioners as aforesaid, and at every be proved. other Meeting by them appointed for Proof of Debts, whereof, and of the Purport whereof Ten Days' Notice shall have been given in the London Gazette, every Creditor of the Bankrupt may prove his Debt by his own Oath; and that all Bodies Corporate and Public Companies may prove by an Agent, provided such Agent shall in his Deposition swear that he is such Agent as aforesaid, and that he is authorized to make such Proof; and if any Creditor shall live remote from the Place of Meeting of the Commissioners, he may prove by Affidavit sworn before a Master in Chancery, Ordinary or Extraordinary, or if such Creditor shall live out of England, by Affidavit sworn before a Magistrate where such Creditor shall be residing, and attested by a Notary Public; and no Creditor shall pay any Contribution on account of any such Debt: Provided that it shall be lawful for the said Commis- Creditor may sioners to examine upon Oath, either by Word of Mouth or by be examined Interrogatories in Writing, every Person claiming to prove a Debt upon Oath. under the said Commission, or to require such further Proof, and examine such other Persons in relation thereto, as they shall think fit. secret Act of Bankruptcy. XLVII. And be it enacted, That every Person with whom any Bona fide CreBankrupt shall have really and bona fide contracted any Debt or ditors admitted Demand before the issuing the Commission against him, shall, to prove, notnotwithstanding any prior Act of Bankruptcy committed by such withstanding Bankrupt, be admitted to prove the same, and be a Creditor under such Commission, as if no such Act of Bankruptcy had been committed; provided such Person had not, at the Time the same was contracted, Notice either actual or constructive of any Act of Bankruptcy by such Bankrupt committed, or that he had stopped Payment. there XLVIII. And be it enacted, That where there has been mutual Mutual Debts Credit given by the Bankrupt and any other Person, or where and Credits are mutual Debts between the Bankrupt and any other may be set off, Person, the Commissioners shall state the Account between them, notwithstanding One Debt or Demand may be set against another, notwith- Bankruptcy. standing any prior Act of Bankruptcy committed by such Bank and rupt and Acco before the Credit given to or the Debt contracted by him; what shall appear due on either Side on the Balance of such unt, and no more, shall be claimed or paid on either Side respectively; and every Debt or Demand hereby made proveagainst the Estate of the Bankrupt, may also be set off in Manner aforesaid against such Estate; Provided that where there able Nn 3 has a secret Act of Debts not pay able at Time of Bankruptcy may be proved, deducting Interest. Sureties and Persons liable for the Debts of Bankrupts may prove, after having paid such Debts. Claim and Proof by Obligee in Bottomry or Proof by Person effect. ing Insurance though not beneficially interested. Value of Annuity how ascertained. has been such prior Act of Bankruptcy, such Credit was given to the Bankrupt Two Calendar Months before the Date and suing forth of the Commission; and that the Person claiming the Benefit of such Set-off had not, when such Credit was given, any Notice either actual or constructive of an Act of Bankruptcy by such Bankrupt committed, or that he had stopped Payment. XLIX. And be it enacted, That any Person who shall have given Credit to the Bankrupt upon valuable Consideration, for any Money which shall not have become payable when such Bankrupt committed an Act of Bankruptcy, may prove such Debt as if the same was payable presently, and receive Dividends equally with the other Creditors, deducting only thereout a Rebate of Interest for what he shall so receive, at the Rate of Five per Cent., to be computed from the Declaration of a Dividend, to the Time such Debt would have become payable, according to the Terms upon which it was contracted. L. And be it enacted, That any Person who at the issuing the Commission shall be Surety or liable for any Debt of the Bank rupt, or Bail for the Bankrupt, either to the Sheriff or to the Action, may, if he shall have paid the Debt, or any Part thereof in Discharge of the whole Debt, (although he may have paid the same after the Commission issued,) if the Creditor shall have proved his Debt under the Commission, stand in the Place of such Creditor as to the Dividends upon such Proof; or if the Creditor shall not have proved under the Commission, may prove his Demand in respect of such Payment as a Debt under the Commission, not disturbing the former Dividends, and may receive Dividends with the other Creditors although he may have become Surety, Bail, or liable as aforesaid, after an Act of Bankruptcy committed by such Bankrupt; provided that such Person had not, when he became such Surety or Bail, or so liable as aforesaid, Notice either actual or constructive of any Act of Bankruptcy by such Bankrupt committed, or that he had stopped Pay ment. LI. And be it enacted, That the Obligee in any Bottomry or Respondentia Bond, and the assured in any Policy of Insurance made upon good and valuable Consideration, shall be admitted to claim; and after the Loss or Contingency shall have happened, to prove his Debt or Demand in respect thereof, and receive Dividends with the other Creditors, as if the Loss or Contingency had happened before the issuing the Commission against such Obligor or Insurer; and that the Person effecting any Policy of Insurance upon Ships or Goods with any Person as a Subscriber which such Bankrupt shall be liable in respect of such Subscription, although the Person so effecting such Policy was not beneficially interested in such Ships or Goods, in case the Person or Persons so interested is not or are not within the United Realm. LII. And be it enacted, That any Annuity Creditor of any Bankrupt, by whatever Assurance the same be secured, and whether there were or not any Arrears of such Annuity due at the Bankruptcy, may prove for the Value of such Annuity; which Value the Commissioners shall ascertain, with Reference to the original Price given for the said Annuity, deducting therefrom |