66

+ Sect. 86. It hath been adjudged, that the 28 Geo. 3. c. 38. s. 74. which enacts, "That any information shall be tried by a jury to be summoned out of another county than that where "the fact was committed," means that the trial shall be had in another county.

+ Sect. 87. It is also decided, upon the said statute, 28 Geo. 3. c. 38. s.31. that the court out of which the record issues is to give judgment, and not the court of nisi prius where it is tried.

Sect. 88. It is also decided, upon the 28 Geo. 3. c. 38. s. 31. that it is an offence to press together yarn made of wool.

† Sect. 89. It also seems, that a declaration or information on this statute need not aver that the pretended manufacture was in such a state as might be reduced to and used as wool again.

66

66

66

3. Fraudulent Bankruptcy.

Sect. 1. By 5 Geo. 2. c. 30. s. 1. it is recited, "That bankrupts have not only refused to surrender themselves to the commissioners, and to discover and deliver up their estate and effects to the said commissioners for the benefit of their creditors, but have carried away and concealed the same in such manner, that the said commissioners have not been able to seize the same, to the manifest wrong and injury of their creditors, and to the great discouragement of trade;" and enacted, "That if any per"son or persons, who shall become bankrupt, and against whom a commission of bankrupt under the great seal of Great Britain "hath been awarded and issued out, whereupon the person or persons against whom such commission hath issued or shall issue, have or hath been or shall be declared bankrupt or bankrupts, shall not within forty-two days after notice thereof in "writing, to be left at the usual place of abode, to such person or persons, or personal notice, in case such person or persons "be then in prison, and notice given in the London Gazette, "that such commission or commissions is, are, or have been issued, and of the time and place of a meeting of the com"missioners therein named, or the major part of them, surrender "him, her, or themselves to the said commissioners named in "the said commission, or the major part of them, and sign or 66 subscribe such surrender, and submit to be examined from "time to time upon oath, or, being of the people called quakers, upon the solemn affirmation by law appointed for such people, "by and before such commissioners, or the major part of them, "by such commission authorized, and in all things conform to "the several statutes already made and now in force concerning bankrupts; and also upon such his, her, or their examination fully and truly disclose and discover all his, her, or their effects "and estate real and personal, and how and in what manner, to "whom and upon what consideration, and at what time or times, he, she, or they have or hath disposed of, assigned or trans"ferred any of his, her, or their goods, wares, merchandizes, "monies, or other estate and effects (and all books, papers and writings relating thereunto) of which he, she, or they was or

66

66

66 were

66

-66

66

66

were possessed, or in or to which he, she, or they was or were any ways interested or intitled, or which any person or persons had, or hath or have had in trust for him, her, or them, or for his, her or their use, at any time before or after the issuing of the said commission, or whereby such person or persons, or his, her, or their family or families, hath or have, or "may have or expect any profit, possibility of profit, benefit or advantage whatsoever, except only such part of his, her, or their "estate and effects as shall have been really and bona fide before "sold or disposed of in the way of his, her, or their trade and "dealings; and except such sums of money as shall have been "laid out in the ordinary expense of his, her, or their family or "families; and also upon such examination deliver up unto the "said commissioners by the said commission authorized, or the major part of them, all such part of his, her, or their the said bankrupt's goods, wares, merchandizes, money, estate, and effects, and all books, papers, and writings, relating thereunto, as at the time of such examination shall be in his, her, or their "possession, custody, or power (his, her, or their necessary wear"ing apparel, and the necessary wearing apparel of the wife and "children of such bankrupt only excepted); then he, she, or they, the said bankrupt or bankrupts, in case of any default and "wilful omission in not surrendering and submitting to be examined

66

66

66

66

66

value of 201.

or embezzling as aforesaid, or in case he, she, or they shall remove, conceal, goods to the or embezzle any part of such his, her, or their estate real or "personal, to the value of twenty pounds, or any books of account, guilty of felony. papers or writings relating thereto, with an intent to defraud "his, her, or their creditors (and being thereof lawfully convicted "by indictment(1) or information), shall be deemed and adjudged

66

"to be guilty of felony, and shall suffer as felons, without benefit Goods of bank

the creditors.

of clergy, (2) or the benefit of any statute made in relation to rupts con"felons; and in such cases such felon's goods and estate shall go demned to go to " and be divided among the creditors seeking relief under such commission; any law, 7, usage, or custom to the contrary thereof "in anywise notwithstanding."

66

Sect. 2. By 5 Geo. 2. c. 30. s. 2. it is provided, "That the Number and "said commissioners, authorized as aforesaid, shall appoint, limitation of "within the said forty-two days so appointed as aforesaid for sittings. "the bankrupt to surrender and conform as aforesaid, not less "than three several meetings for the purposes aforesaid, the last "of which shall be on the forty-second day hereby limited for "such bankrupt's appearance; except on commissions already "issued since the fourteenth day of May, one thousand seven "hundred and twenty-nine, where the person or persons against "whom such commission issued has or have before surrendered "and submitted to be examined; in which case the said com

Lord Chancellor

time for surren

dering.

66

"missioners, authorized as aforesaid, shall appoint only one "sitting more for the purposes aforesaid, unless the assignee or assignees of the estate of such bankrupt shall think more sittings necessary, and desire the same, and three weeks' notice at least "shall be given in the London Gazette of the time and place of "such meetings."

66

66

Sect. 3. By 5 Geo. 2. c. 30. s. S. it is also provided, "That may enlarge the it shall and may be lawful to and for the lord chancellor or lord keeper, or commissioners for the custody of the great seal of "Great Britain for the time being, to enlarge the time for "such person or persons surrendering him, her, or themselves, "and disclosing and discovering his, her, or their estate and "effects as aforesaid, as the said lord chancellor, lord keeper, or "such commissioners shall think fit, not exceeding fifty days, to "be computed from the end of the said forty-two days, so as "such order for enlarging the time be made by the said lord "chancellor, lord keeper, or such commissioners, six days at "least before the time on which such person or persons was or were so to surrender him, her, or themselves, and make such "discovery as aforesaid."

1 Peer Wms. 610.

Ex parte Lingard,

1 Atk. 240.

5 Mod. 309.

Cooke, B. L. 1 Salk. 348.

2 Bl. Rep. 1144.

2 Stra. 880.

Creditor may compel a prisoner to deliver

in a schedule of

his estate and effects.

+ Sect. 4. It seems to be clearly agreed, that a bankrupt's wife cannot be examined on the part of the prosecution on an indictment for this offence.

+ Sect. 5. It seems also, that if, between the opening of the commission and the time appointed for the bankrupt's surrender, the commissioners, on the examination of witnesses, have reason to believe that he is secreting his effects, they may, after his refusal to attend their summons to surrender, immediately certify the fact to a judge of the King's Bench, who may grant his warrant for apprehending the bankrupt, and committing him to Newgate.

+ Sect. 6. It is clear, however, that a bankrupt examined before the commissioners is not bound to answer any thing which tends to accuse himself.

+ Sect. 7. It is agreed, that the court of Chancery will not lend its aid to a prosecution on this statute, by ordering the clerk under the commission to attend the trial and produce the proceedings.

4. Of Fraudulent Insolvency.

By 28 Geo. 2. c. 13. s. 39. it is recited, "That several persons who are prisoners for debt choose rather to continue in prison, and spend their substance there, than discover and deliver up to their creditors their estates or effects, in order to the satisfaction of their just debts:" and therefore enacted, "That it "shall and may be lawful to or for any one or more of the cre"ditors of any prisoner, upon twenty days' notice in writing to be given to such prisoner, and the person in whose custody he or "she is, to require the sheriff or sheriffs, gaoler or gaolers, or "keeper of the prison wherein such prisoner is detained, to "bring such prisoner before the justices, at their next general or quarter-sessions

quarter-sessions of the peace, or any adjournment thereof, for "the respective county, riding, division, city, town, or liberty, "together with a copy or copies of the cause or causes of his or "her detainer; and such prisoner, coming before such justices, "at their said general or quarter-sessions held as aforesaid, shall, "at the desire of any one or more of his or her creditors, at "whose suit he or she appears to be detained, be obliged to "deliver in upon oath, and subscribe the like schedule of his or "her estate or effects, to be vested, assigned, and equally divided, "for the benefit of his or her creditors, in like manner as persons "desiring to take the benefit of this act are required to do, sub"ject to the same penalty of being adjudged a felon, and suffer"ing as such, without benefit of clergy, on conviction of wilful "perjury therein, as the said other prisoners are hereby subjected "to; and shall, upon such discovery, to the satisfaction of the Prisoner making "said justices, in their said general or quarter-sessions held as discovery to be "aforesaid, or the major part of them, be discharged and set at liberty, in the same manner, and with the same benefit of "making use of their discharge, as is hereby provided for prisoners seeking their discharge under this act; and if any such prisoners, so brought up as aforesaid, shall neglect or refuse to "deliver in and subscribe such schedule within four days, he, "she, or they so neglecting or refusing, shall, upon conviction "thereof, be adjudged guilty of felony, and shall suffer death as "a felon, without benefit of clergy."

46

And by the insolvent act of the 1 Geo. 4. c. 119. by which a prisoner seeking to obtain his release from prison under the provisions of that act, is directed to make out a schedule of all his property, it is enacted by s. 23. "If any prisoner shall, with in"tent to defraud his creditors, wilfully and fraudulently omit in "his schedule, as finally amended and filed in the said court at "the time of the order for his discharge from actual custody, any "effects or property whatsoever, or retain or except out of the "schedule, as wearing apparel, bedding, working tools, and other "necessaries, more in value than twenty pounds, every such per"son so offending, and any person aiding and assisting him to "do the same, shall, upon being thereof convicted by due course "of law, be adjudged guilty of a misdemeanour, and thereupon "it shall and may be lawful for the court before whom any such "offender shall have been so tried and convicted, to sentence "such offender to be imprisoned and kept to hard labour for any period of time not exceeding three years."

5. Seducing Artificers.

away

discharged.

On refusal to

suffer as a felon.

make the same,

Persons con

any artificer to

Sect. 1. By 5 Geo. 1. c. 27. s. 1. it is recited, that "Whereas victed of condivers ill-disposed persons, as well foreigners as subjects of this tracting with, or kingdom, by confederacy with foreigners, have of late drawn enticing, &c. and transported, and have also made divers attempts to entice, go into a draw away, and transport, several artificers and manufacturers of foreign country, and in wool, iron, steel, brass and other metals, clockmakers, shall be fined watchmakers, and divers other manufacturers of Great Britain, £100 for the out of his majesty's dominions into foreign countries, by entering first offence, into contracts with them to give them greater wages and advan- and be imprisoned for tages three months;

not exceeding

And for the second offence shall be fined discretionally,

and imprisoned for twelve months.

Prosecution in twelve months after the offence.

After May 1,

ficer going into a foreign country, there to exercise his trade, and not

returning in six months after

tages than they have or can reasonably expect within this kingdom, and by making them large promises, and using other arts to inveigle and draw them away: and whereas there is great danger that, by means of these and such like practices, many great and profitable branches of the trades and manufactures of this kingdom may be transplanted into foreign countries:" therefore, for the preventing the like practices for the future, be it enacted, "That if at any time hereafter any person or persons "shall contract with, entice, endeavour to persuade or solicit, "any manufacturer or artificer of or in wool, iron, steel, brass, or "any other metal, clockmaker, watchmaker, or any other artificer " or manufacturer of Great Britain, to go out of this kingdom "into any foreign country out of his majesty's dominions, and "shall be lawfully convicted thereof upon any indictment or in"formation which shall be preferred or brought against him or "them in any of his majesty's courts at Westminster, or at the "assizes or general gaol-delivery or quarter-sessions of the peace "for the county, riding, or division, where such offence shall be "committed, the person and persons so convict shall be fined any "sum not exceeding one hundred pounds for such first offence,

according to the discretion of the court in which such convic"tion shall be, and shall be imprisoned for the space of three "months, and until such fine shall be paid: and if any person or persons, having been once convict as aforesaid, shall offend again, and be so convict a second time of the like offence, then "and in such case the person so convict a second time shall be "fined at the discretion of the court where such conviction shall "be, and be imprisoned for twelve months, and until such fine "shall be paid."

Sect. 2. By 5 Geo. 1. c. 27. s. 2. it is "Provided neverthe"less, that no person or persons shall be prosecuted for any of "the offences aforesaid, unless such prosecution shall be begun "within the space of twelve months next after such offence shall "be committed."

66

Sect. 3. By 5 Geo. 1. c. 27. s. 3. it is further enacted, "That 1719, any arti- if any of his majesty's subjects within this kingdom, being such "artificer or manufacturer as aforesaid, shall, at any time after "the first day of May, 1719, go into any country out of his majesty's dominions, there to use or exercise, or to teach, any "of the said trades or manufactures to foreigners, or in case any "of his majesty's subjects now being, or who hereafter shall be, "in any such foreign country out of his majesty's dominions as aforesaid, and there using or exercising any of the said trades or manufactures herein-before mentioned, shall not return into "this realm within six months next after warning shall be given "to him by the ambassador, envoy, resident, minister, or consul "of the crown of Great Britain in the country in which such "artificer shall be, or by any person authorized by such ambas"sador, envoy, resident, minister, or consul, or by one of his

warning given him by the ambassador, &c. shall be incapable of taking any legacy, &c.

66

majesty's secretaries of state for the time being, and from "thenceforth continually inhabit and dwell within this realm; "then and in such case every such person or persons shall be "from thenceforth incapable of taking any legacy that shall be

"devised