Page images
PDF
EPUB

Felony, transported for Life,

&c.

Chancellor may enlarge Time

Seven Years, as the Court before which he shall be convicted shall adjudge; or shall be liable to be imprisoned only, or im prisoned and kept to hard Labour in any Common Gaol, Peni tentiary House or House of Correction, for any Term not exceeding Seven Years.

CIX. And be it enacted, That the Lord Chancellor may, as often as he shall think fit, from time to time enlarge the Time for Surrender. for the Bankrupt surrendering himself, for such Time as the Lord Chancellor shall think fit, so as every such Order be made Six Days at least before the Day on which such Bankrupt was to surrender himself.

Allowance to
Bankrupt for
Maintenance.

Benefit to

Bankrupt apprehended and conforming.

Bankrupt to deliver up his Books to Assignees upon Oath;

to attend Assignees;

may inspect Accounts;

after Certificate to attend Assignees.

Allowance for
Attendance.

CX. And be it enacted, That the Commissioners before the Choice of Assignees, and after such Choice the Assignees, with the Approbation of the Commissioners, testified in Writing under their Hands, may from time to time make such Allowance to the Bankrupt out of his Estate, until he shall have passed his last Examination, as the said Assignees shall, think necessary for the Support of himself and his Family.

CXI. And be it enacted, That if any Bankrupt apprehended by any Warrant of the Commissioners shall, within the Time hereby allowed for him to surrender, submit to be examined, and in all Things conform, he shall have the same Benefit as if he had voluntarily surrendered.

CXII. And be it enacted, That the Bankrupt, after the Choice of Assignees, shall (if thereto required) forthwith deliver up to them, upon Oath, before a Master Ordinary or Extraordinary in Chancery, or Justice of the Peace, all Books of Account, Papers and Writings relating to his Estate in his Custody or Power, and discover such as are in the Custody or Power of any other Person; and every such Bankrupt, not in Prison or Custody, shall at all Times after such Surrender attend such Assignees upon every reasonable Notice in Writing for that Purpose given by them to him, or left at his House, and shall assist such Assignees in making out the Accounts of his Estate; and such Bankrupt, after he shall have surrendered, may at all seasonable Times before the Expiration of the said Forty two Days or such further Time as shall be allowed to him to finish his Examination, inspect his Books, Papers and Writings in the Presence of his Assignees or any Person appointed by them, and bring with him each Time any Two Persons to assist him; and after he shall have obtained his Certificate, shall, upon Demand in Writing given to him, or left at his usual Place of Abode, attend the Assignees, to settle any Accounts between his Estate and any Debtor to or Creditor thereof, or attend any Court of Record to give Evidence touching the same, or do any Act necessary for getting in the said Estate; for which Attendance he shall be paid Five Shillings per Day by the Assignees out of his Estate; and if such Bankrupt shall, after such Demand as aforesaid, not attend, or on such Attendance refuse to do any of the Matters aforesaid, without sufficient Cause shown to the Commissioners for such Refusal, and by them allowed, the Assignees making Proof thereof upon Oath before the Commissioners, the said Commissioners may, by Warrant directed to such Person as they shall think proper, cause such Bankrupt to be apprehended, and committed to the County

Gaol,

on Nonattend

ance.

rest during Examination.

Gaol, there to remain until he shall conform to the Satisfaction of Imprisonment the said Commissioners or of the Lord Chancellor. CXIII. And be it enacted, That the Bankrupt shall be free from Arrest or Imprisonment by any Creditor in coming to Free from Arsurrender, and after such Surrender during the said Forty two Days, and such further Time as shall be allowed him for finishing his Examination, provided he was not in Custody at the Time of such Surrender; and if such Bankrupt shall be arrested for Debt, If arrested, disor on any Escape Warrant, in coming to surrender, or shall after charged on prohis Surrender be so arrested within the Time aforesaid, he shall, ducing Sumon producing the Summons under the Hands of the Commissioners to the Officer who shall arrest him, and giving such Officer

mons

a Copy thereof, be immediately discharged; and if any Officer Officer detainshall detain any such Bankrupt after he shall have shown such ing Bankrupt. Summons to him, so signed as aforesaid, such Officer shall forfeit Penalty 51. to such Bankrupt, for his own Use, the Sum of Five Pounds for per day. every Day he shall detain such Bankrupt, to be recovered by Action of Debt in any Court of Record at Westminster, in the Name of such Bankrupt, with full Costs of Suit.

ation sine Die.

CXIV. And be it enacted, That the Commissioners may, at the Commissioners Time appointed for the last Examination of the Bankrupt, or may adjourn any Enlargement or Adjournment thereof, adjourn such Examin- last Examination sine Die: and he shall be free from Arrest or Imprisonment for such Time not exceeding Three Calendar Months, as they shall, by Indorsement upon such Summons as aforesaid, appoint, with like Penalty upon any Officer detaining such Bankrupt after having been shown such Summons.

Commissioners

at Creditor's

Expence.

CXV. And be it enacted, That whenever any Bankrupt is in Bankrupt in Prison or in Custody, under any Process, Attachment, Execution, Custody to be Commitment or Sentence, the Commissioners may, by Warrant brought before under their Hands directed to the Person in whose Custody such Bankrupt is confined, cause such Bankrupt to be brought before them at any Meeting either public or private; and if any such Bankrupt is desirous to surrender, he shall be so brought up, and the Expence thereof shall be paid out of his Estate, and such Person shall be indemnified by the Warrant of the Commissioners for bringing up such Bankrupt; provided that the Assignees may appoint any Persons to attend such Bankrupt from time to time, and to produce to him his Books, Papers and Writings, in order to prepare an Abstract of his Accounts and Statement, to show the Particulars of his Estate and Effects previous to his final Examination and Discovery thereof, a Copy of which Abstract and Statement the said Bankrupt shall deliver to them Ten Days at least before his last Examination.

CXVI. And be it enacted, That any Person wilfully conceal- Concealing ing any Real or Personal Estate of the Bankrupt, and who shall Bankrupt's not within Forty two Days after the issuing of the Commission Effects, discover such Estate to Ŏne or more of the Commissioners or AsPenalty 100%., &c. signees, shall forfeit the Sum of One hundred Pounds, and Double the Value of the Estate so concealed; and any Person who shall, after the Time allowed to the Bankrupt to surrender, voluntarily Allowance to discover to One or more of the Commissioners or Assignees any Persons making Part of such Bankrupt's Estate, not before come to the Know- Discovery ledge of the Assignees, shall be allowed Five per Centum there- thereof.

Oo 4

upon,

Bankrupt dis

tificate of Con

formity.

upon, and such further Reward as the major Part in Value of the Creditors present at any Meeting called for that Purpose shall think fit, to be paid out of the Estate recovered on such Discovery.

CXVII. And be it enacted, That every Bankrupt who shall charged by Cer- have duly surrendered, and in all Things conformed himself to the Laws in force concerning Bankrupts at the Time of issuing the Commission against him, shall be discharged from all Debts due by him when he became Bankrupt, and from all Claims and Demands hereby made proveable under the Commission, in case he shall obtain a Certificate of such Conformity so signed and allowed, and subject to such Provisions as hereinafter directed; but no such Certificate shall release or discharge any Person who was Partner with such Bankrupt at the Time of his Bankruptcy, or who was then jointly bound, or had made any joint Contract with such Bankrupt.

By Discharge of Bankrupt Partner not discharged.

Certificate to be

signed by Four Fifths in Num

ber and Value of Creditors above 201.

Allowance by Lord Chancellor.

Allowance of

Certificates in

Cases of Bank ruptcy before passing this Act.

After Six

Months from the last Examination.

Allowance of

18 Months

from last Examination in re

CXVIII. And be it enacted, That such Certificate shall be signed by Four Fifths in Number and Value of the Creditors of the Bankrupt, who shall have proved Debts under the Commission to the Amount of Twenty Pounds or upwards, who shall thereby testify their Consent to the Bankrupt's Discharge as aforesaid; and no such Certificate shall be such Discharge unless the Commissioners shall, in Writing under their Hands and Seals, certify to the Lord Chancellor that such Bankrupt has made a full Discovery of his Estate and Effects, and in all Things conformed as aforesaid, and that there does not appear any Reason to doubt the Truth or Fulness of such Discovery, and also that the Credi tors have signed in Manner hereby directed; and unless the Bankrupt make Oath in Writing that such Certificate and Consent were obtained without Fraud; and unless such Certificate shall, after such Oath, be allowed by the Lord Chancellor, against which Allowance any of the Creditors of the Bankrupt may be heard before the Lord Chancellor.

CXIX. Provided always, and be it enacted, That Certificates of Conformity which now have been or shall be signed by Three Fifths in Number and Value of such Creditors as aforesaid, of any Bankrupt against whom any Commission shall have issued before the Time of passing this Act, may be signed by the Com missioners and allowed by the Lord Chancellor: Provided also, that after Six Calendar Months from the last Examination of any Bankrupt under any Commission issued after the passing of this Act such Certificate may be signed by the Commissioners, and allowed in Manner aforesaid, and shall be such Discharge as aforesaid, if it shall have been signed by Three Fifths in Number and Value of the Creditors as aforesaid, or by Nine Tenths in

Number of such Creditors.

CXX. Provided also, and be it further enacted, That after Certificate after Eighteen Calendar Months from the last Examination of any Bankrupt under a Commission issued, either previously to or after the passing of this Act, if Three Fifths in Number and Value of spect of Signa- such Creditors, with the Exception of One whose Signature is necessary in respect of Number or Value, or if Nine Tenths in Number, with the Exception of One whose Signature is necessary to make up that Proportion, shall have signed the Certificate,

tures.

the

the Commissioners may sign the same, and the Bankrupt may
thereupon petition the Lord Chancellor for the Allowance
thereof, having first caused every Creditor who shall not have
signed, and whose Signature shall be so necessary as aforesaid, to
De served with a Copy of such Petition, who may be heard against
uch Allowance; and every such Certificate, if allowed by the Lord
Chancellor, shall be a valid Discharge as aforesaid.
CXXI. And be it enacted, That the Commissioners shall not
ign any Certificate unless they shall have Proof by Affidavit in
Vriting of the Signature of the Creditors thereto, and of any
'erson thereto authorized by any Creditor, and of the Authority
y which such Person shall have so signed the same; and if any
reditor reside Abroad, the Authority of such Creditor shall be
tested by a Notary Public; and every such Affidavit, Authority
ad Attestation shall be laid before the Lord Chancellor, with
e Certificate, previous to the Allowance thereof.

[blocks in formation]

Bankrupt hav

ing obtained his Certificate, free

CXXII. And be it enacted, That any Contract or Security Contracts and ade or given by any Bankrupt or other Person unto or in Trust Securities to inr any Creditor, or for securing the Payment of any Money due duce Creditors such Bankrupt at his Bankruptcy, as a Consideration or with to sign, void. tent to persuade such Creditor to consent to or sign such ertificate, shall be void, and the Money thereby secured or reed to be paid shall not be recoverable, and the Party sued such Contract or Security may plead the General Issue, and ve this Act and the Special Matter in Evidence. CXXIII. And be it enacted, That any Bankrupt who shall, after Certificate shall have been allowed, be arrested or have any ction brought against him for any Debt due by him before his inkruptcy, shall be discharged upon Common Bail, and may ead in general that the Cause of Action accrued before he came Bankrupt, and may give this Act and the Special Matter Evidence; and such Bankrupt's Certificate, and the Allow- Certificate ice thereof, shall be sufficient Evidence of the Trading, Bank- Evidence of uptcy, Commission and other Proceedings precedent to the ob- Proceedings. uning such Certificate; and if any such Bankrupt shall be taken Execution or detained in Prison for any Debt owing before he ecame Bankrupt, where Judgment has been obtained before the llowance of his Certificate, any Judge of the Court wherein idgment has been so obtained may, on such Bankrupt's pro

een so

from Arrest.

In what Cases future Effects liable, unless Pound is paid.

15s. in the

ucing his Certificate, order any Officer who shall have such Bank- Bankrupt in pt in Custody by virtue of such Execution to discharge such Execution may ankrupt without exacting any Fee, and such Officer shall be be discharged. ereby indemnified for so doing. CXXIV. And be it enacted, That if any Person who shall have discharged by such Certificate as aforesaid, or who shall ave compounded with his Creditors, or who shall have been disharged by any Insolvent Act, shall become Bankrupt and obtain uch Certificate as aforesaid, unless his Estate shall produce, fter all Charges, sufficient to pay every Creditor under the Comission Fifteen Shillings in the Pound, such Certificate shall only rotect 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,

Allowance to
Bankrupt.
if 10s. paid.

if 12s. 6d.

if 158.;

if under 10s.

Partner may

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.

CXXV. 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 Fiftee Shillings in the Pound, 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.

CXXVI. And be it enacted, That in all joint Commissions receive Allow under which any Partner shall have obtained his Certificate, if ance though sufficient Dividend shall have been paid upon the joint Estate, and upon the separate Estate of such Partner, he shall be enti tled to his Allowance, although his other Partner or Partners may not be entitled to any Allowance.

the others are not entitled.

In what Cases
Bankrupt not

entitled to Cer

tificate or Allowance, and Certificate void.

Bankrupt not liable upon

Promise to pay

Debt discharged by

Certificate, un

less it be in Writing.

CXXVII. And be it enacted, That no Bankrupt shall be ent tled to his Certificate, or to be paid any such Allowance, and that any Certificate, if obtained, shall be void, if such Bankrupt shall have lost by any Sort of Gaming or Wagering, in One Day Twenty Pounds, or within One Year next preceding his Bank ruptcy, Two hundred Pounds; or if he shall within One Year next preceding his Bankruptcy have lost Two hundred Pound by any Contract for the Purchase or Sale of any Government o other Stock where such Contract was not to be performed within One Week after the Contract, or where the Stock bought or sol was not actually transferred or delivered in pursuance of such Contract; or shall, after an Act of Bankruptcy committed, have destroyed, altered, mutilated or falsified, or caused to be des troyed, 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 if he shall afterwards know the same, not disclosing the same to his Assignees within One Month after such Knowledge.

CXXVIII. And be it enacted, That no Bankrupt after his Certificate of Conformity shall have been allowed under any Commission of Bankrupt already issued, or hereafter to be issued. 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

[ocr errors][merged small][merged small]
« PreviousContinue »