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<DATE>2013-04-23</DATE>
<RESPSTMT>
<NAME>Colm MacCrossan</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed.</ITEM>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1">
<P>THE Judges Re&s;olutions Upon the Several Statutes Concerning BANKRUPTS, WITH The like Re&s;olutions on the Sta|tutes of 13. <HI>Eliz.</HI> and 27. <HI>Eliz.</HI> touch|ing fraudulent CONVEYANCES. By <HI>GEORGE BILLINGH&V;RST</HI> of <HI>Grays-Inne,</HI> E&s;q;</P>
<P><HI>LONDON,</HI> Printed for <HI>Henry Twyford</HI> in <HI>Vine-Court Middle-Temple,</HI> 1676.</P>
</DIV1>
<DIV1 TYPE="license">
<PB REF="2">
<P>I do allow the Printing of this Book, Intituled, <HI>The Judges Re&s;olutions upon the Statute con|cerning Bankrupts.</HI></P>
<CLOSER><DATE><HI>28th.</HI> June, 1676.</DATE>
<SIGNED>FRA: NORTH.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<OPENER><SALUTE>Gentle Reader.</SALUTE></OPENER>
<P>THou ha&s;t here a methodi|cal dige&s;tion of the &s;everal Statutes concerning Bankrupts, pre&s;ented to thy view; together with &s;uch Expo&s;itions as have been made of the &s;everal parts of them by the Learned Judges of this Kingdom, &s;ince they came forth.</P>
<P>And in regard the matter hereof may concern most men, I thought it would not be unnece&s;|&s;ary to be publi&s;hed. For al|though there be a Reading in Print upon &s;ome of tho&s;e Statures
<PB REF="3"> more full of ab&s;tru&s;e Notions and Learning than this is. yet I have &s;ome ground to believe that this will be thought for ordinary capacities, and the generality of men, much more u&s;eful. I have al&s;o added hereunto the &s;everal Statutes of <HI>13 El.</HI> and <HI>27 El.</HI> touching fraudulent conveyances, with the like Expo&s;ition of the Learned Judges on them in &s;everal ca&s;es annexed, which may be likewi&s;e of u&s;e unto thee.</P>
<CLOSER><SALUTE>Farewel.</SALUTE>
<SIGNED>T. B.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="5" REF="3">
<HEAD>What a Bankrupt is, and his De&s;cription. 34. <HI>Hen. 8. Chap.</HI> 4.</HEAD>
<P>THe Lord Chancellor, Trea|&s;urer, <HI>&amp;c.</HI> &s;hall take order with Bankrupts Bodies, Lands, and Goods for the payment of their Debts. Al. 13 <HI>El. 7. 1 Jac. 15. 21 Jac.</HI> 19.</P>
<DIV2 TYPE="part">
<HEAD>13 <HI>Eliz. Chap.</HI> 7. Who is a Bankrupt, how and by whom his Body, Lands, and Goods &s;hall be ordered for the payment of his Creditors.</HEAD>
<P>FOrasmuch as notwith&s;tand|ing the Statute made again&s;t Bankrupts, in the xxxiiii year of
<PB N="6" REF="4"> the Reign of our late Sovereign Lord King <HI>Henry</HI> the eighth, tho&s;e kind of per&s;ons have, and do &s;till increa&s;e into great and exce&s;&s;ive numbers, and are like more to do, if &s;ome better pro|vi&s;ion be not made for the repre&s;|&s;ion of them. And for a plain de|claration to be made and &s;et forth, who is and ought to be ta|ken and deemed for a Bankrupt: Therefore be it enacted and e&s;ta|bli&s;hed by the Authority of this pre&s;ent Parliament, that if any Merchant or other per&s;on, u|&s;ing or exerci&s;ing the trade of Merchandize, by way of Bar|gaining, Exchange, Rechange, Bartry, Chevi&s;ance, or other|wi&s;e, in gro&s;s, or by retail, or &s;eek|ing his or her trade of living, by buying and &s;elling, and being Subject born of this Realm, or of any the Queens Dominions, or Denizen, &s;ithence the fir&s;t day of this pre&s;ent Parliament hath,
<PB N="7" REF="4"> or at any time hereafter &s;hall de|part the Realm, or begin to keep his or her Hou&s;e or Hou&s;es, or otherwi&s;e to ab&s;ent him or her+&s;elf,, or take Sanctuary, or &s;uf|fer him or her &s;elf willingly to be arre&s;ted for any debt or other thing, not grown or due for Mo|ney delivered, Wares &s;old, or any other ju&s;t and lawful cau&s;e, or good con&s;ideration or purpo|&s;es, hath or will &s;uffer him or her &s;elf to be outlawd, or yield him or her &s;elf to pri&s;on, or depart from his or her dwelling Hou&s;e or Hou&s;es, to the intent or pur|po&s;e to defraud or hinder any of his or her Creditors, being al&s;o a Subject born, as is afore&s;aid, of the ju&s;t Debt or duty of &s;uch Creditor or Creditors, &s;hall be reputed, deemed, and taken for a Bankrupt.</P>
<P>And be it enacted by the Au|thority afore&s;aid, That the Lord Chancellour of England, or Lord
<PB N="8" REF="5"> Keeper of the great Seal of En|gland for the time being, upon every complaint made to him in writing, again&s;t any &s;uch per&s;on or per&s;ons being Bankrupt, as is before defined, &s;hall have full power and Authority by Com|mi&s;&s;ion under the great Seal of England, to name, a&s;&s;ign, and appoint &s;uch wi&s;e and hone&s;t, di&s;|creet per&s;ons, as to him &s;hall &s;eem good: Who, or the mo&s;t part of them, by vertue of this Act and of &s;uch Commi&s;&s;ion, &s;hall have full power and authority to take by their di&s;cretions &s;uch or|der and direction, with the body and bodies of &s;uch per&s;on, where|&s;oever he or &s;he may be had, ei|ther in his or her Hou&s;e or Hou|&s;es, Sanctuary or el&s;ewhere, as well by impri&s;onment of his or her body or bodies, as al&s;o with all his or her Lands, Tenements, Hereditaments, as well Copy or Cu&s;tomary-hold, as Free-hold,
<PB N="9" REF="5"> which he or &s;hee &s;hall <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span">ve in his or her own right, before he or &s;he became Bankrupt, and al&s;o with all &s;uch Lands, Tenements and Hereditaments, as &s;uch per&s;on &s;hall have purcha&s;ed, or obtained for money, or other recompence joyntly with his wife, children or childe, to the only u&s;e of &s;uch of|fender, or offenders,&punc; or of, or for &s;uch u&s;e, intere&s;t, right or title, as &s;uch offender or offenders then &s;hall have in the &s;ame, which he or &s;he may lawfully depart with|al, or with any per&s;on or per&s;ons, of tru&s;t to any &s;ecret u&s;e of &s;uch offender or offenders, and al&s;o with his or her money, goods, chattels, wares, merchandi&s;es and debts, where&s;oever they may be found or known, and cau&s;e the &s;aid Lands, Tenements, Fees, Annuities, Offices, Goods, Chat|tels, Wares, Merchandizes and Debts, to be &s;earched, viewed rented, and appray&s;ed to the be&s;t
<PB N="10" REF="6"> value they may, and by Deed in|dented, enrolled in one of the Queens Maje&s;ties Courts of Record, to make &s;ale of the &s;aid Lands, Tenements, and Here|ditaments, and of all Deeds, Writings, and Evidences, touch|ing only the &s;ame, belonging to &s;uch offender or offenders, deb|tor or debtors, and al&s;o of all Fees, Annuities, Offices, Goods, and Chattels, or otherwi&s;e to order the &s;ame for true &s;atis|faction and payment of the &s;aid Creditors: that is to &s;ay, To every of the &s;aid Creditors a por|tion, rate and rate like, according to the quantity of his or their debts: and that every direction, order, bargain, &s;ale, and other things done by the &s;aid per&s;ons &s;o authori&s;ed, as is afore&s;aid, in form afore&s;aid, &s;hall be good and effectual in the Law, to all in|tents, con&s;tructions, and purpo|&s;es, again&s;t the &s;aid offender or
<PB N="11" REF="6"> offenders, debtor or debtors, his or their wife or wives, heir and heirs, childe and children, and &s;uch per&s;on and per&s;ons, as by &s;uch joynt purcha&s;e with the &s;aid offender or offenders, as is a|fore&s;aid, have or &s;hall have any e&s;tate or intere&s;t in the premi&s;&s;es, and again&s;t all other per&s;on and per&s;ons claiming by, from, or under &s;uch offender or offenders, debtor or debtors, by any Act or Acts had, made, or done after any &s;uch per&s;on &s;hall become Bankrupt, as is afore&s;aid, and al&s;o again&s;t the Lords of the Man|nors, whereof the &s;aid Copyhold or Cu&s;tomary lands been holden, their heirs, &s;ucce&s;&s;ors, and a&s;&s;igns, and every of them.</P>
<P>Provided always, and be it en|acted by the Authority afore&s;aid, That all and every per&s;on or per|&s;ons, to whom any &s;uch &s;ale of Copyhold, or Cu&s;tomary Lands, or Tenements &s;hall be made,
<PB N="12" REF="7"> &s;hall before &s;uch time as they or any of them &s;hall enter or take any profit of the &s;ame Lands or Tenements, agree and com|pound with the Lords of the Mannors of whom the &s;ame &s;hall be holden, for &s;uch fines or in|comes as heretofore have been mo&s;t u&s;ual, and accu&s;tomed to be yielded or paid therefore: and that upon every &s;uch agreement or compo&s;ition, the &s;aid Lords for the time being, at the next Court to be holden at, or for the &s;aid Mannors, &s;hall not only grant unto the &s;aid <HI>Vendee</HI> or <HI>Vendees,</HI> upon reque&s;t, the &s;ame Copy or Cu&s;tomary Lands or Tenements, by Copy of Court Roll, of the &s;ame Mannors, for &s;uch e&s;tate or intere&s;t as to them &s;hall be &s;old, and re&s;erving the antient Rents, Cu&s;tomes, and Services: but al&s;o in the &s;ame Court admit them Tenants of the &s;ame Copy or Cu&s;tomary
<PB N="13" REF="7"> Lands, as other Copyholders of the &s;ame Mannors, have been wont to be admitted, and to re|ceive their fealty accordingly.</P>
<P>Provided always, and be it en|acted by the Authority afore&s;aid, That &s;uch of the &s;aid Commi&s;&s;i|oners as &s;hall put the &s;aid Com|mi&s;&s;ion in execution, &s;hall upon lawful reque&s;t to them made by the &s;aid Bankrupt, not only make a true declaration to the &s;ame Bankrupts, of the imploying and be&s;towing of their &s;aid Lands, Tenements, Offices, fees, Goods, Chattels, and debts &s;o payed and &s;atisfied to their &s;aid Creditors, but al&s;o make payment of the o|verplus of the &s;ame (if any &s;uch &s;hall be) to the &s;aid Bankrupts, their Executors, Admini&s;trators, or A&s;&s;igns.</P>
<P>And be it further enacted by the Authority afore&s;aid, that if after any &s;uch act or offence commit|ted, and complaint thereof made
<PB N="14" REF="8"> to the &s;aid Commi&s;&s;ioners &s;o to be appointed, as is afore&s;aid, or the more part of them, by any party grieved, as is afore&s;aid, concerning the premi&s;&s;es, know|ing, &s;uppo&s;ing, or &s;u&s;pecting any of the goods, chattels, wares, merchandizes, or debts of &s;uch offender or offenders, debtor or debtors, to be in cu&s;tody, u&s;e, oc|cupying, keeping, or po&s;&s;e&s;&s;ion of any per&s;on or per&s;ons, or any per|&s;on or per&s;ons to be indebted to any &s;uch offender or offenders, do make relation thereof to the &s;aid Commi&s;&s;ioners &s;o to be ap|pointed, or the more part of them: that then the &s;aid Com|mi&s;&s;ioners, or the mo&s;t part of them, &s;hall by vertue hereof and of the &s;aid Commi&s;&s;ion, have full power and authority to &s;end for, and call before them by &s;uch Pro|ce&s;s, ways or means, as they &s;hall think convenient by their di&s;cretions, all and every &s;uch
<PB N="15" REF="8"> per&s;on and per&s;ons &s;o known. &s;u&s;|pected, or &s;uppo&s;ed to have any &s;uch goods, chattels, wares, mer|chandizes, or debts, in his or their cu&s;tody, u&s;e, occupation, keeping, or po&s;&s;e&s;&s;ion, or &s;uppo|&s;ed, or &s;u&s;pected to be indebted, to &s;uch offender or offenders, and upon their appearance, to exa|mine them, and every of them, as well by their Oaths as other|wi&s;e, by &s;uch ways and means as the &s;aid Commi&s;&s;ioners, or the more part of them, by their di&s;|cretions &s;hall think meet and convenient, for and upon the &s;pe|cialty, certainty, true declara|tion, and knowledge of all and &s;ingular &s;uch goods, chattels, wares, merchandizes, and debts of any &s;uch offender or offenders, as be &s;uppo&s;ed or &s;u&s;pected to be in his or their cu&s;tody, u&s;e, occu|pation or po&s;&s;e&s;&s;ion, and all &s;uch debts as by them or any of them, &s;hall be &s;uppo&s;ed or &s;u&s;pected to
<PB N="16" REF="9"> be owing to any &s;uch offender or offenders.</P>
<P>And if any &s;uch per&s;on or per|&s;ons upon &s;uch examination, do not di&s;clo&s;e and plainly declare, and &s;hew the whole truth of &s;uch things as he or they &s;hall be ex|amined of concerning the pre|mi&s;&s;es to his knowledge, or do deny to &s;wear: then every &s;uch per&s;on or per&s;ons &s;o denying to &s;wear, or being examined do not declare the plain and whole truth concerning the premi&s;&s;es, upon due proof thereof to be made be|fore the &s;aid Commi&s;&s;ioners, or the more part of them &s;o to be appointed, as is afore&s;aid, by witne&s;s, examination, or other|wi&s;e, as to the &s;aid Commi&s;&s;io|ners, or the more part of them &s;hall &s;eem &s;ufficient in that be|half, &s;hall lo&s;e and forfeit double the value of all &s;uch goods, chat|tels, wares, merchandizes, &amp; debts, by them or any of them &s;o con|cealed,
<PB N="17" REF="9"> and not wholly and plain|ly declared and &s;hewed: which forfeiture &s;hall be levied by the &s;aid Commi&s;&s;ioners, or the more part of them, of the Lands, Te|nements, Hereditaments, goods, and chattels, of &s;uch per&s;on &s;o de|nying to &s;wear, or not di&s;clo&s;ing the whole truth, as is afore&s;aid, by &s;uch ways and means, and in &s;uch manner and form, as is be|fore limited and appointed for the principal offender or offen|ders, debtor, or debtors. and the &s;ame forfeiture or forfeitures to be di&s;tributed, or imployed to and for the &s;atisfaction and payments of the debts of the &s;aid creditor or creditors, in &s;uch like manner, rate, and form, as is above de|clared, concerning the ordering of the lands and tenements, of|fices, fees, goods, and chattels, of &s;uch offender or offenders, debtor or debtors as is afore&s;aid.</P>
<P>And <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e it further enacted,
<PB N="18" REF="10"> That if at any time before or af|ter that any &s;uch per&s;on or per|&s;ons departeth the Realm, or &s;hall keep his or their Hou&s;e or Hou&s;es, or otherwi&s;e ab&s;ent him or them&s;elves, or take &s;anctuary, or &s;uffer him or them&s;elves to be arre&s;ted, outlawd, or yield his or their bodies to pri&s;on, as is a|fore&s;aid: any per&s;on or per&s;ons do fraudulently by covin or col|lu&s;ion, claim, demand, recover, po&s;&s;e&s;s, or detain any debts, du|ties, goods, chattels, lands, or te|nements, by writing, tru&s;t, or otherwi&s;e, which were or &s;hall be due, belonging, or appertaining to any &s;uch offender or offenders. other than &s;uch as he or they can and do prove to be due by right and con&s;cience in form afore&s;aid, for money payed, wares deliver|ed, or other ju&s;t con&s;ideration or cau&s;e rea&s;onable, to the ju&s;t va|lue thereof, before the &s;aid Com|mi&s;&s;ioners &s;o to be appointed, or
<PB N="19" REF="10"> the more part of them, as is a|fore&s;aid, and the &s;ame to proceed <HI>(bona fide)</HI> without fraud or co<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+vin: that then every &s;uch per&s;on or per&s;ons &s;o craftily demanding, claiming, having, po&s;&s;e&s;&s;ing. or detaining any &s;uch debt, duty, or other thing, as is afore&s;aid, &s;hall forfeit and lo&s;e double as much as he or they &s;hall &s;o claim, de|mand, detain, or po&s;&s;e&s;s, which &s;aid forfeiture &s;hall <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e levied, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e|covered, and imployed in man|ner and form as is afore rehear|&s;ed.</P>
<P>Provided al&s;o, and be it enact|ed by Authority afore&s;aid, that if it &s;hall fortune the creditors of any &s;uch Bankrupt, as is afore&s;aid, to be &s;atisfied and paid of their debts and duties, of, or with the proper lands, tenements, goods, chattels, and debts of the &s;aid Bankrupts, or of, or with the &s;ame, and &s;ome part of the for|feitures of the &s;aid double values
<PB N="20" REF="11"> to be forfeited, as is afore&s;aid, and that there &s;hall remain an over|plus of the &s;aid forfeitures of the &s;aid double values: that then the one moiety of the &s;aid overplus of the &s;aid forfeitures of the dou|ble values &s;o remaining, &s;hall be by the &s;aid Commi&s;&s;ioners &s;o ex|ecuting the &s;aid Commi&s;&s;ion, within convenient time after the levying thereof, paid unto the Queens Maje&s;ty, her Heirs and Succe&s;&s;ors, and the other moiety thereof &s;hall be by the &s;aid Com|mi&s;&s;ioners employed and di&s;tri|buted to and among&s;t the poor within the Ho&s;pitals in every City, Town or County, where any &s;uch Bankrupt &s;hall happen to be: Any thing in this Act to the contrary thereof not with|&s;tanding.</P>
<P>And be it further enacted by Authority afore&s;aid, that if any &s;uch per&s;on or per&s;ons which is or &s;hall be indebted, do of purpo&s;e
<PB N="21" REF="11"> withdraw him or them&s;elves out or from his or their u&s;ual man|&s;ion hou&s;e or hou&s;es: that then upon complaint thereof made to the &s;aid Commi&s;&s;ioners having authority, as is afore&s;aid, the &s;ame Commi&s;&s;ioners, or the more part of them, &s;hall by vertue and au|thority of this pre&s;ent Act, have full power and authority to award five Proclamations to be made in the Queens name, upon five &s;un|dry Market dayes, in &s;uch places near the place where &s;uch Bank|rupt hath mo&s;t commonly dwel|led or made his abode, command|ing him or them by the &s;ame Proclamations in the Queens name to return with all conve|nient &s;peed, and to yeeld his or their bodies before the &s;aid Com|mi&s;&s;ioners, having authority as is afore&s;aid, or one of them, at &s;uch time and place as by the &s;aid Proclamation &s;hall be ap|pointed: and if the &s;aid per&s;on
<PB N="22" REF="12"> be not according to &s;uch Procla|mation repair and yield his or their body as is afore&s;aid, that then the body of all and every &s;uch offender or offenders, &s;hall be adjudged, taken, and deemed to all intents and purpo&s;es out of the Queens protection: and that al&s;o every per&s;on and per&s;ons that &s;hall willingly and wittingly help to hide or convey, or &s;hall wittingly and willingly receive, detain, or keep &s;ecretly any per|&s;on or per&s;ons &s;o demanded by Proclamation as is afore&s;aid, &s;hall &s;uffer &s;uch pains by impri|&s;onment of his or their bodies, or to pay &s;uch fine to our Sove|reign Lady the Queens Maje&s;ty, her Heirs and Succe&s;&s;ors, as to the &s;aid Lord Chancellor, or Lord Keeper of the great Seal (being informed thereof) by the Com|mi&s;&s;ioners &s;o to be appointed as is afore&s;aid, or the more part of them &s;hall &s;eem meet and conve|nient
<PB N="23" REF="12"> for their &s;aid offence or offences.</P>
<P>Provided always, and be it further enacted, that if the Cre|ditors of any &s;uch offender or of|fenders, debtor or debtors, which &s;o do depart the Realm, keep his or their hou&s;e or hou&s;es, or other|wi&s;e ab&s;ent or withdraw him or them&s;elves into places unknown, or take Sanctuary, or will &s;uffer him-or them&s;elves to be arre&s;ted or outlawed, or yield his or their bodies into pri&s;on purpo&s;ely, and for the cau&s;es afore&s;aid, be not fully &s;atisfied or otherwi&s;e con+tented for their debts and duties by the way and means before &s;pecified and declared: that then the &s;aid Creditor or Creditors, and every of them &s;hall and may have their remedy for the recove|ry and levying of the re&s;idue of their &s;aid debts or duties, where|of they &s;hall not be fully &s;atisfied, payd, or otherwi&s;e contented in
<PB N="24" REF="13"> form afore&s;aid, again&s;t the &s;aid offender or offenders, in like man|ner and form as they &s;hould and might have had before the ma|king of this Act. And that the &s;aid creditor or creditors, and e|very of them, &s;hall be only barred and excluded by vertue of this Act, of, and for every &s;uch part and portion of the &s;aid debts and duties as &s;hall be paid, &s;atisfied, di&s;tributed, or delivered unto him or them by order of the &s;aid per|&s;ons, as is afore&s;aid, and of no more portion or parcel thereof: Any thing herein &s;pecified that may be taken or con&s;trued to the contrary notwith&s;tanding.</P>
<P>Provided always, and be it al|&s;o enacted by authority afore&s;aid, that if any per&s;on or per&s;ons, which is or &s;hall be publi&s;hed and declared to be a Bankrupt by vertue of this Act, &s;hall at any time after purcha&s;e any lands, tenements, hereditaments, free,
<PB N="25" REF="13"> or copy, offices, fees, goods or chattels: or that any lands, te|nements, hereditaments, free or copy, offices, fees, goods or chattels &s;hall de&s;cend, revert, or by any means come to any &s;uch per&s;on or per&s;ons being Bank|rupts, as is afore&s;aid, before &s;uch time as their debts due to their creditors &s;hall be fully &s;atisfied and payed, or otherwi&s;e agreed for: that then the &s;aid lands, te|nements, hereditaments, as well free as copy, offices, fees, goods and chattels, &s;hall by ver|tue of this Act, be by the &s;aid Commi&s;&s;ioners to be appointed as is afore&s;aid, or the more part of them, be bargained, &s;old, ex|tended, delivered and u&s;ed for and towards the payment of the &s;aid creditors, in &s;uch like manner and form as other the lands, tene|ments, hereditaments, free or copy, offices, fees, goods, and chattels of the &s;aid Bankrupts,
<PB N="26" REF="14"> which they had when they were fir&s;t declared to be Bank|rupts, &s;hould or might have been bargained, &s;old, di&s;po&s;ed, or u&s;ed by vertue of this Act.</P>
<P>Provided alwayes, that this Act &s;hall not extend to any lands, tenements, or hereditaments free or copy-hold, which hereto|fore have been a&s;&s;ured by any &s;uch Bankrupt, or hereafter &s;hall be a&s;&s;ured by any Bankrupt before he become Bankrupt: &s;o always that &s;uch a&s;&s;urance be made <HI>bona fide,</HI> and not to the u&s;e of the Bankrupt him&s;elf only, or of his heirs: and that the parties to who&s;e u&s;e &s;uch a&s;&s;urance hath or &s;hall be made, be not at or before the making of &s;uch a&s;&s;urance, privy or con&s;enting to the frau|dulent purpo&s;e of any &s;uch Bank|rupt, to deceive his Creditors. <HI>1 Jac. 15. 21. Jac. 15.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<PB N="27" REF="14">
<HEAD>1 <HI>Jacob. Chap.</HI> 15. An Expo&s;ition and addition to the Statutes of Bankrupts, made 13 <HI>Eliz.</HI> 7.</HEAD>
<P>FOr that fraud and deceits as new di&s;ea&s;es, dayly increa&s;e among&s;t &s;uch as live by buying and &s;elling, to the hindrance of traffick and mutual commerce, and to the general hurt of the Realm, by &s;uch as wickedly and wilfully become Bankrupts: And for that the de&s;cription of a Bankrupt, in former Statutes is not &s;o fully expre&s;&s;ed, nor the power given thereby to the Com|mi&s;&s;ioners for Bankrupts, &s;o large as is meet, in &s;uch ca&s;es of deceit, to prevent the deceit|ful actions of Bankrupts.</P>
<P>For remedy whereof, Be it therefore enacted by our Sove|reign Lord the King, and by the
<PB N="28" REF="15"> Lords Spiritual and Temporal, and the Commons at this pre|&s;ent Parliament a&s;&s;embled, and by the authority of the &s;ame, That all and every &s;uch per&s;on and per&s;ons, u&s;ing or that &s;hall u&s;e the trade of Merchandize, by way of bargaining, exchange, bartrie,, chevi&s;ance, or otherwi&s;e in gro&s;s, or by retail, or &s;eeking his, her, or their trade of living by buying and &s;elling, and being a Subject born of this Realm, or any the Kings Dominions, or Denizen, who at any time &s;i|thence the fir&s;t day of this pre|&s;ent Parliament, or at any time hereafter &s;hall depart the Realm or begin to keep his or her hou&s;e or hou&s;es, or otherwi&s;e to ab&s;ent him or her &s;elf, or take Sanctu|ary, or &s;uffer him or her &s;elf, willingly to be arre&s;ted for any debt, or other thing not grown or due for money delivered, wares &s;old, or any other ju&s;t or lawful
<PB N="29" REF="15"> cau&s;e, or good con&s;ideration, or purpo&s;es, or hath or will &s;uffer him or her &s;elf to be outlawed, or yield him or her &s;elf to pri&s;on, or willingly or fraudulently hath or &s;hall procure him or her &s;elf to be arre&s;ted, or his or her goods, money or chattels, to be attached or &s;eque&s;tred, or depart from his or her dwelling hou&s;e, or make or cau&s;e to be made any fraudu|lent grant or conveyance of his, her or their Lands, Tenements, goods or chattels, to the intent or whereby his, her or their Credi|tors being Subjects born as a|fore&s;aid, &s;hall or may be defeated or delayed for the recovery of their ju&s;t and true debts, or being arre&s;ted for debt, &s;hall after his or her arre&s;t, lie in pri&s;on &s;ix months or more, upon that ar|re&s;t or upon any other arre&s;t or detention in pri&s;on for debt, and lie in pri&s;on &s;ix months upon &s;uch other arre&s;t or detention, &s;hall
<PB N="30" REF="16"> be accompted and adjudged a Bankrupt to all intents and pur|po&s;es.</P>
<P>And be it further enacted by the authority of this pre&s;ent Parliament, that the like Com|mi&s;&s;ions, orders, benefits and re|medies, which are and be provi|ded and limited by the &s;aid form|er Act of Parliament (made in <HI>13 nuper Eliz. Reginae)</HI> again&s;t any Bankrupts therein de&s;cribed, for or concerning his, her or their lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandizes and debts, or any of them, &s;hall be had, pur&s;ued, taken and ex|pounded again&s;t &s;uch per&s;on and per&s;ons that are herein ex|pre&s;&s;ed to be Bankrupts, his, her, and their lands, tenements, he|reditaments, fees, annuities, of|fices, goods, chattels, wares, mer|chandi&s;es and debts, in &s;uch like manner and form as the &s;ame
<PB N="31" REF="16"> ought or might have been if the per&s;ons herein de&s;cribed to be Bankrupts had been de&s;cribed to be Bankrupts, according to the intent of the &s;aid former Sta|tute.</P>
<P>And that it &s;hall be lawful for any of the creditors of the &s;aid Bankrupt within iiii months after any &s;uch Commi&s;&s;ion &s;hall be &s;ued forth, and until di&s;tribu|tion &s;hall be made by the &s;aid Commi&s;&s;ioners for the payment of the Bankrupts debts, as in &s;uch ca&s;e hath been u&s;ed, to partake, and joyn with the other Credi|tors, that<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;hall &s;ue forth any &s;uch commi&s;&s;ion, for &s;atisfaction and payment of his, her or their debts, to him or them owing, without a|ny hindrance, let or di&s;turbance of any of the &s;ame Commi&s;&s;io|ners, or of any of the other cre|ditors of any &s;uch Bankrupts, the &s;ame Creditors &s;o coming in to contribute to the charges of
<PB N="32" REF="17"> the &s;aid Commi&s;&s;ion, and that if the &s;aid Creditors come not in within iiii months, then the Commi&s;&s;ioners to have power to di&s;tribute.</P>
<P>Be it further enacted, that if any per&s;on which hereafter is or &s;hall be a Bankrupt, by intent of this Statute, &s;hall convey or procure, or cau&s;e to be conveyed to any of his children, or other per&s;on or per&s;ons, any mannors, lands, tenements, hereditaments, offices, fees, annuities, lea&s;es, goods, chattels, or transfer his debts into other mens names, ex|cept the &s;ame &s;hall be purcha&s;ed, conveyed, or transferred, for or upon marriage of any of his or her children, both the parties married, being of the years of con&s;ent, or &s;ome valuable con&s;i|deration, &s;hall be in the power and authority of the Commi&s;&s;io|ners in this behalf to be appoint|ed, or the more part of them, to
<PB N="33" REF="17"> bargain, &s;ell, grant, convey, de|mi&s;e, or otherwi&s;e to di&s;po&s;e thereof, in as ample manner, as if the &s;aid Bankrupt had been actually &s;ei&s;ed or po&s;&s;e&s;&s;ed there|of, or the debts were in his own name of the like e&s;tate or intere&s;t to his or their own u&s;e, at &s;uch time as he or &s;hee became Bankrupt. And that every &s;uch grant, bargain, &s;ale, conveyance, and di&s;po&s;ition of the &s;aid Com|mi&s;&s;ioners, or of the greater part of them, &s;hall be good and avail|able to all intents, con&s;tructions, and purpo&s;es in the Law again&s;t the offender or offenders, his heirs, executors, admini&s;trators, and a&s;&s;igns, and &s;uch children and per&s;ons as &s;hall be &s;ubject to this Statute, and again&s;t all other per&s;on and per&s;ons claiming by, from, or under &s;uch offender or offenders, or &s;uch &s;aid other per|&s;ons, to whom &s;uch conveyance &s;hall be made by the &s;aid Bank|rupt,
<PB N="34" REF="18"> or by his means or procure|ment.</P>
<P>And for that the practi&s;es of Bankrupts of late are &s;o &s;e|cret and &s;o &s;ubtile, as that they can very hardly be found out, or brought to light: and for that the former &s;tatute giving power to the Commi&s;&s;ioners to exa|mine others than the Bank|rupts, hath not fully or &s;ufficient|ly authorized them to examine the &s;aid Bankrupt upon oath: For remedie whereof, Be it further enacted by the authority of this pre&s;ent Parliament, That the &s;aid Commi&s;&s;ioners may call before them, or the greater part of them, the &s;aid Bankrupt: and if upon lawful warning left or made in writing at three &s;eve|ral times at the dwelling place or hou&s;e where the &s;aid Bank|rupt, his wife or family, for the mo&s;t part of his abode, did lodge or remain, within one year
<PB N="35" REF="18"> next before he, &s;he, or they be|came Bankrupt, the &s;aid Bank|rupt &s;hall not appear before the &s;aid Commi&s;&s;ioners, or the greater part of them, That then and from thenceforth it &s;hall be lawful for the greater number of the &s;aid Commi&s;&s;ioners, to ap|point to proclaim the &s;aid party a Bankrupt, at &s;uch publick place or places, where the &s;aid Com|mi&s;&s;ioners, or the greater part of them &s;hall think meet, warning him, her, or them to appear be|fore them upon the &s;aid Com|mi&s;&s;ion, at &s;ome time appointed. And that if upon the five &s;everal Proclamations made in &s;ome publick place, the party offending appear not before the &s;aid Com|mi&s;iioners, and yield his, her or their bodies to them, or &s;ome of them, the &s;aid Commi&s;&s;ioners, or the greater part of them, &s;hall or may award a Warrant to &s;uch fit per&s;on or per&s;ons, as they
<PB N="36" REF="19"> think meet, to apprehend the bo|dy and bodies of the &s;aid offen|ders, and offenders, and to bring him, her, or them &s;o offending, before the &s;aid Commi&s;&s;ioners, where&s;oever the &s;aid party or parties offending may be found, in place priviledged or not, to be examined by the &s;aid Commi&s;&s;i|oners, or the greater part of them.</P>
<P>And that it &s;hall be lawful for the &s;aid Commi&s;&s;ioners, or the greater part of them, to exa|mine the &s;aid offender or offen|ders, upon &s;uch Interrogatories, touching the Lands, tenements, goods, chattels, debts, bills, bonds, books of account, and &s;uch other things, as may tend to di&s;clo&s;e his, her, or their e&s;tate, or the &s;ecret grants, conveyances and eloyuing of his, or their lands, tenements, goods, money and debts, as they &s;hall think meet.</P>
<PB N="37" REF="19">
<P>And that if therein the offen|der or offenders &s;hall refu&s;e to be examined, or to an&s;wer fully to every Interrogatory to him to be mini&s;tred by the &s;aid Commi&s;|&s;ioners, or the greater part of them&punc; it &s;hall be lawful for the &s;aid Commi&s;&s;ioners, or the grea|ter part of them to commit the &s;aid offender or offenders to &s;ome &s;trait or clo&s;e impri&s;on|ment, there to remain untill he, &s;he, or they &s;hall better conform him or her &s;elf.</P>
<P>And that if upon his, her or their examination it &s;hall appear, that he, &s;he, or they have com|mitted any wilful or corrupt per|jury, tending to the hurt or da|mage of the creditors of the &s;aid Bankrupt, to the value of ten pounds of lawful money of En|gland, or above, the party &s;o of|fending, &s;hall or may thereof be indicted in any of the Kings Ma|je&s;ties Courts of Record, and
<PB N="38" REF="20"> being lawfully convicted thereof, &s;hall &s;tand upon the Pillory in &s;ome publick place by the &s;pace of two hours, and have one of his ears nailed to the pillory, and cut off.</P>
<P>And whereas by the former Statute made in the &s;aid thir|teenth year of the reign of the late Queen <HI>Elizabeth,</HI> the Com|mi&s;&s;ioners for Bankrupts have power given to them to &s;end for &s;uch per&s;on or per&s;ons as the creditors &s;hall know, &s;uppo&s;e, or &s;u&s;pect to have, detain, or keep any part of the mony, goods, chattels, or debts of the &s;aid of|fender or offenders, or to be in|debted to the &s;aid offender or of|fenders, to be examined by the &s;aid Commi&s;&s;ioners, as by the &s;ame Statute appeareth, but have not good means or remedy by impri&s;onment or other penal|ty, to procure the per&s;on &s;o &s;ent for by them to appear before
<PB N="39" REF="20"> them, nor having appeared be|fore them, to make an&s;wer upon his oath to &s;uch Interrogatories as &s;hall be mini&s;tred unto him by the &s;aid Commi&s;&s;ioners, for and upon the &s;pecialty, certainty, true declaration and knowledge of &s;uch lands, tenements, here|ditaments, goods, debts or other things of any &s;uch offender or of|fenders, as be, or &s;hall be, or which &s;hall be &s;u&s;pected to be in his cu&s;to|dy, u&s;e or po&s;&s;e&s;&s;ion, or in the cu&s;to|dy, u&s;e, or po&s;&s;e&s;&s;ion of any other to his knowledge and of all debts owing to, or for the benefit of &s;uch offender or offenders, by him&s;elf or by any other to his knowledge, &s;o as many times a great part of the offender or of|fenders lands, tenements, here|ditaments, goods, chattels, or debts, which by the true intent of the &s;aid Statute &s;hould be im|ployed to the &s;atisfaction of the creditors of the offendor or of|fenders,
<PB N="40" REF="21"> are concealed or detain|ed in the hands of &s;uch per&s;on and per&s;ons as refu&s;e to come, or being come refu&s;e to be &s;worn before the &s;aid Commi&s;&s;ioners, to be examined in that behalf, to the great encouragement of all Bankrupts and their wicked confederates and acce&s;&s;aries, and to the great hindrance of the ju&s;t remedies of the creditors of the &s;aid Bankrupts for their true and ju&s;t debts to them ow|ing: For remedy whereof, be it further enacted by the authority afore&s;aid, That if any per&s;on or per&s;ons being known, &s;uppo&s;ed, or &s;u&s;pected to have or detain any part of the lands, tenements, or hereditaments, goods, chat|tels or debts of the &s;aid Bank|rupt, or to be indebted to, or for the benefit of the &s;aid Bankrupt, &s;hall after lawful warning to the &s;aid per&s;on or per&s;ons given to come before the &s;aid Commi&s;&s;io|ners,
<PB N="41" REF="21"> or the greater part of them, to be examined according to the intent of the &s;aid Statute, re|fu&s;e to come, or &s;hall not come before the &s;aid Commi&s;&s;ioners at the time appointed, having no lawful impediment (&s;uch as &s;hall be admitted and allowed of by the &s;aid Commi&s;&s;ioners or the more part of them, and which &s;hall be then &s;ignified or made known to the &s;aid Commi&s;|&s;ioners, at the time of their a&s;|&s;embly;) Or that any &s;uch per|&s;on or per&s;ons having knowledge or warning of any other a&s;&s;em|bly or meeting of the &s;aid Com|mi&s;&s;ioners again, &s;hall not come and appear before them at &s;uch time as he or &s;he lawfully may come, having no &s;uch lawful im|pediment as &s;hall be then made known to the &s;aid Commi&s;&s;io|ners, and by them admitted and allowed of as afore&s;aid, Or being come before them &s;hall refu&s;e to
<PB N="42" REF="22"> be &s;worn and to make an&s;wer to &s;uch Interrogatories as &s;hall be mini&s;tred unto him or them, ac|cording to the true intent and meaning of the &s;aid Statute made in the &s;aid thirteenth year of the reign of our &s;aid late So|vereign Lady Queen <HI>Elizabeth,</HI> or of this pre&s;ent Act, That then it &s;hall be lawful for the &s;aid Commi&s;&s;ioners, or for the great|er part of them, to commit to &s;uch Ward and Pri&s;on as to them or to the greater part of them &s;hall be thought meet, all &s;uch per&s;on and per&s;ons as &s;hall &s;o refu&s;e to be &s;worn and make an&s;wer to &s;uch Interrogatories as &s;hall be &s;o mini&s;tred as afore|&s;aid, and al&s;o to direct their War|rants to &s;uch per&s;on or per&s;ons as to them or the greater part of them &s;hall be thought meet, to apprehend and arre&s;t &s;uch per|&s;on or per&s;ons as &s;hall refu&s;e to appear before them as afore&s;aid,
<PB N="43" REF="22"> and to bring him, her, or them before the &s;aid Commi&s;&s;ioners, or the greater part of them to be examined as above-&s;aid, and upon his, her, or their refu&s;al to come or to be examined before the &s;aid Commi&s;&s;ioners as a|fore&s;aid, to commit the &s;aid par|ty &s;o refu&s;ing, to &s;uch pri&s;ons as the &s;aid Commi&s;&s;ioners or the greater part of them &s;hall think meet, there to remain without bail or mainpri&s;e, until &s;uch time as the &s;aid per&s;on &s;o refu&s;ing to come, or to be &s;worn to an&s;wer before the &s;aid Commi&s;&s;ioners, &s;hall &s;ubmit him or her &s;elf to the &s;aid Commi&s;&s;ioners, and be by them examined according to the true intent of the &s;aid Statute, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and of this pre&s;ent Act.</P>
<P>Provided alwayes, that &s;uch Witne&s;&s;es as &s;hall &s;o be &s;ent for, &s;hall have &s;uch co&s;ts and charges as the Commi&s;&s;ioners
<PB N="44" REF="23"> in their di&s;cretion &s;hall think fit: The &s;ame charges to be ratably born by the Creditors of the &s;aid Bankrupt, according to the pro|portion of each of their &s;everal debts. And if any per&s;on o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> per&s;ons, other than the Bank|rupt, either by &s;ubornation, un|lawful procurement, &s;ini&s;ter per|&s;wa&s;ion, or means of any others, or by his own act, con&s;ent, or a|greement, &s;hall wilfully and cor|ruptly commit any manner of wilfull pe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">jury by his depo&s;ition to be taken before the &s;aid Com|mi&s;&s;ioners, or the greater part of them, as afore&s;aid, That then the party or parties &s;o offending, and all and every per&s;on and per&s;ons, that &s;hall unlawful|ly and corruptly procure a|ny &s;uch unlawful, wilful, and corrupt perjury, &s;hall, or may therefore be indicted in any of the Kings Maje&s;ties Courts of Record, and after his or their
<PB N="45" REF="23"> conviction thereof, &s;hall incur &s;uch forfeiture, and receive and &s;uffer &s;uch pains and puni&s;hment as are limited by the Statute made concerning Perjury, in the fifth year of the Reign of our &s;aid late Sovereign Lady Queen <HI>Elizabeth.</HI></P>
<P>And be it further enacted, That all and every &s;um and &s;ums of money, which &s;hall be forfeited by force of this pre&s;ent Act, &s;hall be &s;ued for, and recove|red by the &s;aid creditors only, or any of them that will &s;ue for the &s;ame, by Action of Debt, Bill, Plaint, or Information, in any of the Kings Maje&s;ties Courts of Record; and the &s;um or &s;ums of money &s;o recovered, the charges of &s;uit being deducted, &s;hall be di&s;tributed and divided towards the payment of the &s;aid creditors of the Bankrupt.</P>
<P>And for that the power &amp; autho|rity given to the Commi&s;&s;ioners
<PB N="46" REF="24"> of Bankrupts, touching the debts due to the &s;aid Bankrupts, is not &s;o full and perfect, as that the full benefit thereof in due cour&s;e, might be imployed to the u&s;e of the &s;aid Creditors, as was intended: For remedie thereof, Be it further enacted by the Au|thority afore&s;aid, That the Com|mi&s;&s;ioners of Bankrupts, or the greater part of them all have power to grant and a&s;&s;ign, or otherwi&s;e to order or di&s;po&s;e, all or any of the debts due, to and for the benefit of the &s;aid Bank|rupt, by what per&s;on or per&s;ons &s;oever, or in what manner and form &s;oever, to the u&s;e of the cre|ditors of the &s;aid Bankrupt, ac|cording to the true intent of the &s;aid former recited Statute of Bankrupts: And that the &s;ame Grant, A&s;&s;ignment, or di&s;po&s;i|tion of the &s;aid debts, in form a|fore&s;aid to be made by the &s;aid Commi&s;&s;ioners, or the greater
<PB N="47" REF="24"> part of them, &s;hall &s;o ve&s;t the property, right and intere&s;t of the &s;aid debt, and debts, in the per&s;on or per&s;ons of him, her, or them, to whom it &s;hall be grant|ed, a&s;&s;igned, or ordered by the &s;aid Commi&s;&s;ioners, or the grea|ter part of them, as fully to all intents and purpo&s;es, as if the &s;aid Bill, Bond, Bonds, Sta|tutes, Recognizances, Iudg|ment, or Contract, whereupon the &s;aid Debt or Debts, Deed or Deeds &s;hall ari&s;e or grow, had been made, to or with, or for the &s;aid per&s;on or per&s;ons, to whom the &s;ame &s;hall be &s;o granted, a&s;|&s;igned, or di&s;po&s;ed, by the &s;aid Commi&s;&s;ioners, and that after &s;uch Grant, A&s;&s;ignment, or Di&s;|po&s;ition made of the &s;aid Debts, that neither the Bankrupt, nor any other to whom any &s;uch Debt &s;hall be due &s;hall have power to recover the &s;ame, nor to make any relea&s;e, or di&s;|charge
<PB N="48" REF="25"> thereof, neither &s;hall the &s;ame be attached, as the Debt of the Bankrupt, or &s;uch &s;aid o|ther per&s;on or per&s;ons, to whom the &s;ame &s;hall be due, by any o|ther per&s;on or per&s;ons, according to the Cu&s;tome of the City of London, or otherwi&s;e, But that the party or par|ties to whome the &s;ame Debts &s;hall be a&s;&s;igned, &s;hall have like remedy to recover the &s;ame, as fully and lawfully in the name or names of the per&s;on or per&s;ons to whom the &s;ame &s;hall be &s;o granted, a&s;&s;igned or ordered by the &s;aid Commi&s;&s;ioners, in all re&s;pects and purpo&s;es, as the par|ty him&s;elf might have had, any Law, Statute, V&s;e, Cu&s;tome to the contrary thereof in any wi&s;e notwith&s;tanding.</P>
<P>Provided always, that no deb|tor of the Bankrupt be hereby endangered, for the payment of his other debts, truly and <HI>bona
<PB N="49" REF="25"> fide,</HI> to any &s;uch Bankrupt, be|fore &s;uch time as he &s;hall under|&s;tand or know that he is become a Bankrupt.</P>
<P>Provided al&s;o, and be it fur|ther enacted, That &s;uch of the &s;aid Commi&s;&s;ioners as &s;hall put the &s;aid Commi&s;&s;ion in Executi|on, &s;hall upon lawful reque&s;t to them made by the &s;aid Bank|rupt, not only make a true decla|ration to the &s;aid Bankrupts, of the imploying and be&s;towing of his, her, or their &s;aid lands, tene|ments, and hereditaments, offi|ces, fees, goods, wares, mony&punc; chattels, and debts, which &s;hall be paid and &s;atisfied to their &s;aid Creditors, as is in like ca&s;e li|mited and appointed, by the &s;aid former Statute, made in the &s;aid thirteenth year of the &s;aid late Queens Maje&s;ties reign, but al|&s;o make payment of the overplus of the &s;ame, if any &s;uch &s;hall be, to the &s;aid Bankrupts, their exe|cutors
<PB N="50" REF="26"> admini&s;trators, and a&s;|&s;igns, and that the &s;aid Bank|rupts, after the full &s;atisfaction of the &s;aid creditors, &s;hall have full power and authority to reco|ver and receive the re&s;idue and remainder of the debts to them owing, Any thing in this Act con|tained to the contrary in any wi&s;e notwith&s;tanding.</P>
<P>Be it further enacted, That if any Action of Tre&s;pa&s;s, or other &s;uit, &s;hall happen hereafter to be brought again&s;t any Commi&s;&s;io|ner authorized by the Statute, made in <HI>decimo tertio</HI> of our late Sovereign Lady Queen <HI>Eliza|beth,</HI> for Bankrupts, or any o|ther per&s;on or per&s;ons having au|thority by vertue or under the Commi&s;&s;ion, authori&s;ing the &s;aid Commi&s;&s;ioner for the doing or executing of any matter, by force of the &s;aid Statute, or this pre&s;ent Statute, That the defen|dant or defendants, in any &s;uch
<PB N="51" REF="26"> action or &s;uit, may plead Not guilty, or otherwi&s;e ju&s;tifie that the Act or thing whereof the plain|tiff or plaintiffs complained, was done by Authority of the &s;aid Act made in the thirteenth of <HI>Elizabeth,</HI> or in this pre&s;ent act re&s;pectively, without expre&s;&s;ing or rehear&s;al of any other matter or circum&s;tance contained in ei|ther of the &s;aid Acts, and with|out inforcing him or them to &s;hew forth their Commi&s;&s;ion authori|zing the &s;aid Act, or thing, where|unto the Plaintiff &s;hall be admit|ted to reply, that the Defendant did the Fact, &s;uppo&s;ed in the De|claration, of his own wrong, with|out any &s;uch cau&s;e alledged by the &s;aid Defendant; whereupon the i&s;&s;ue in &s;uch action, &s;hall be joyned to be tried by verdict of twelve men, and upon trial of that i&s;&s;ue, the whole matter to be given on both parties in evidence, according to the very truth of the
<PB N="52" REF="27"> &s;ame. And if verdict upon &s;uch i&s;|&s;ue &s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ll pa&s;s for the defen|dant, the defendant to have his co&s;ts.</P>
<P>Provided always, and be it further enacted, That after any Commi&s;&s;ion of Bankrupts here|after &s;ued forth, and dealt in by the Commi&s;&s;ioners, if the offendor happen to die, be<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ore the Com|mi&s;&s;ioners &s;hall di&s;tribute the Goods, Lands, and Debts of the offendors, or any of them, by force of the fore&s;aid Statute, of the thirteenth year of the Reign of our late Sovereign Lady Queen <HI>Elizabeth,</HI> and this Sta|tute, or either of them, That then neverthele&s;s, the &s;aid Commi&s;|&s;ioners &s;hall and may in that ca&s;e proceed in execution, in, and up|on the &s;aid Commi&s;&s;ion, for, and concerning the offenders Goods, Lands, Tenem<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nts, Heredita|ments, and Debts, in &s;uch &s;ort as they might have done, if the
<PB N="53" REF="27"> party Offenders were living. <HI>Stat. 21 Jac. 19.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>21 <HI>Jac. Chap.</HI> 19. A further de&s;cription of a Bank|rupt. The Sta<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">utes of 13 <HI>Eliz.</HI> 7. and 1, Jac. 15 enlarged.</HEAD>
<P>FOr as much as daily experi|ence &s;heweth, that the num|ber and multitude of Bankrupts do increa&s;e more and more, and al&s;o the frauds and deceits inven|ted and practi&s;ed for the avoiding and deluding the penalties of the good Laws in that behalf al|ready made, and the remedy by them provided: And for that di|vers defects are daily found in the former Statutes made a|gain&s;t Bankrupts, doth in the de|&s;cription of a Bankrupt, as al&s;o in the power given to the Com|mi&s;&s;ioners for the di&s;covery and di&s;tributing the Bankrupts e|&s;tate,
<PB N="54" REF="28"> to the great incourage|ment of evil minded per&s;ons, the hindrance of traffique and com|merce, the great decay, over|throw and undoing of many Clo|thiers, by whom many thou&s;ands of the natural born Subjects of this Realm, be from time to time in all parts of this Kingdom &s;et on work: all which do tend to the general hurt of this Realm: For remedy whereof, be it enact|ed by the Kings mo&s;t excellent Maje&s;ty, the Lords Spiritual and Temporal, and Commons in this pre&s;ent Parliament a&s;|&s;embled, and by the Authority of the &s;ame, That all and &s;ingular the afore&s;aid Statutes and Laws heretofore made again&s;t Bank|rupts, and for relief of Credi|tors, &s;hall be in all things large|ly and beneficially con&s;trued and expounded for the ayd, help, and relief of the Creditors of &s;uch per&s;on or per&s;ons as already
<PB N="55" REF="28"> be, or hereafter &s;hall become Bankrupt.</P>
<P>And that all and every per&s;on and per&s;ons u&s;ing or that &s;hall u&s;e the trade of Merchandize, by way of bargaining, exchange, barte|ring, chevi&s;ance, or otherwi&s;e in gro&s;s, or by retail, or &s;eeking his, or her living, by buying and &s;ell|ing, or that &s;hall u&s;e the trade or profe&s;&s;ion of a Scrivener, recei|ving other mens moneys or e|&s;tates into his tru&s;t or cu&s;tody, who at any time after the end of pre&s;ent Se&s;&s;ion of Parliament, &s;hall either by him&s;elf, or others by his procurement, obtain any protection or protections, other than &s;uch per&s;on or per&s;ons as &s;hall be lawfully protected by the priviledge of Parliament, or &s;hall prefer or exhibit unto his Maje|&s;ty, his Heirs or Succe&s;&s;ors, or unto any of the Kings Courts, any Petition or Petitions, Bill or Bills again&s;t his or her Credi|tor
<PB N="56" REF="29"> or Creditors, or any of them, thereby de&s;iring, or indeavouring to compel or enforce them, or any of them, to accept le&s;s than their ju&s;t and principal debts, or to pro|cure time, or longer days of pay|ment, than was given at the time of their originall contracts, or be|ing indebted to any per&s;on or per|&s;ons in the &s;um of one hundred pounds or more, &s;hall not pay, or otherwi&s;e compound for the &s;ame, within &s;ix months next after the &s;ame &s;hall grow due, and the D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">btor be arre&s;ted for the &s;ame, or within &s;ix months after an ori|ginall Writ &s;ued out to recover the &s;aid debt, and notice thereof given unto him, or left in writing, at his, or their dwelling hou&s;e, or la&s;t place of abode&punc; or being ar|re&s;ted for debt, &s;hall after his or her arre&s;t, lie in pri&s;on two months or more, upon that, or any other arre&s;t or detention in pri&s;on for debt, or being arre&s;ted
<PB N="57" REF="29"> the &s;um of one hundred pounds or more, of ju&s;t debt or debts, &s;hall at any time after &s;uch ar|re&s;t, e&s;cape out of pri&s;on, or pro|cure his enlargement, by putting in common or hired Bayl, &s;hall be accounted and adjudged a Bankrupt to all intents and pur|po&s;es: And in the &s;aid ca&s;es of arre&s;t, or lying in pri&s;on for &s;uch debt or debts, or getting forth by common or hired Bayl, from the time of his or her &s;aid fir&s;t ar|re&s;t.</P>
<P>And be it further enacted by the authority of this pre&s;ent Parlia|ment, that the like Commi&s;|&s;ions, Orders, Benefits, and Remedies, which are and be pro|vided and limited by the &s;aid for|mer Acts of Parliaments, made in the thirteenth year of the late Queen <HI>Elizabeth,</HI> and in the fir&s;t year of the Reign of our Sove|reign Lord the Kings Maje&s;ty, again&s;t any Bankrupts in them,
<PB N="58" REF="30"> or either of them de&s;cribed, or for, or concerning his, her, or their Lands, Tenements, Heredita|ments, Fees, Annuities, Offi|ces, Goods, Chattels, Wares, Merchandize and Debts, or a|ny of them, &s;hall and may be had, pur&s;ued, taken, and expounded again&s;t &s;uch per&s;on and per&s;ons as are herein, and hereby, decla|red, de&s;cribed, or expre&s;&s;ed to be Bankrupts and again&s;t his, her, and their Lands, Tenements, Hereditaments,, Fees, Annui|ties, Officers, Goods, Chattels, Wares, Merchandizes and Debts, in &s;uch manner and form, as the &s;ame ought, and might have been, if the per&s;ons herein declared, de&s;cribed, or expre&s;&s;ed to be Bankrupts, had been by the &s;aid Statutes, or either of them, de&s;cribed to be Bankrupts, to all intents and purpo&s;es what&s;oe|ver.</P>
<P>And be it enacted by the autho|rity,
<PB N="59" REF="30"> afore&s;aid, That the &s;ame or|ders, benefits and remedies, which are, and be provided and limited by this pre&s;ent Act, again&s;t any Bankrupts, in, or by this Act declared, de&s;cribed, or expre&s;&s;ed to be Bankrupts, or for, or concerning his, her, or their Lands, Tenements, Heredita|ments, Fees, Annuities, Offices, Goods, Chattels, Wares, Mer|chandizes and Debts, or any of them,, or the di&s;covery of them, or any of them, &s;hall from hence|forth be had, pur&s;ued, taken and expounded again&s;t &s;uch per&s;on and per&s;ons, as are declared or expre&s;&s;ed to be Bankrupts, by the &s;aid former Acts of Parlia|ments, or either of them, and a|gain&s;t his, her, and their Lands, Tenements, Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandi|zes and Debts, in &s;uch manner and form, as the &s;ame ought and
<PB N="60" REF="31"> might have been, if the per&s;ons in the &s;aid former Statutes, or either of them de&s;cribed to be Bankrupts, had been mentioned and de&s;cribed to be Bankrupts, in, and by this pre&s;ent Act.</P>
<P>And whereas by the former Laws, the Commi&s;&s;ioners appoin|ted, have power to examine the Bankrupt him&s;elf, and &s;uch per|&s;on or per&s;ons, as are &s;u&s;pected to have, or detain of the e&s;tate, goods or chattels of the Bank|rupts, but &s;ome doubt hath been made whether the Commi&s;&s;io|ners have power to examine the wives of the Bankrupts touch|ing the &s;ame, by rea&s;on whereof the Bankrupts wives do daily conceal, and convey away, and cau&s;e to be conveyed away much part of their husbands moneys, wares, goods, merchandize and other e&s;tate, to per&s;on or per&s;ons unknown to any, but &s;uch wives, by rea&s;on whereof much of the
<PB N="61" REF="31"> Bankrupts e&s;tate is concealed, and detained from the Credi|tors,</P>
<P>For clearing therefore the &s;aid doubt, and avoiding the inconve|niences afore&s;aid, Be it declared and enacted by the authority a|fore&s;aid, That after &s;uch time, as any per&s;on &s;hall by the &s;aid Commi&s;&s;ioners, executing the &s;aid Commi&s;&s;ion, or the greater part of them, be lawfully ad|judged or declared to be a Bank|rupt, the &s;aid Commi&s;&s;ioners executing &s;uch commi&s;&s;ion, &s;hall have power and authority to ex|amine upon oath, the wife and wives of all and every &s;uch Bankrupt, for the finding out, and di&s;covery of the e&s;tate, and e&s;tates, goods, &amp; chattels of &s;uch Bankrupt&punc; or Bankrupts, con|cealed, kept or di&s;po&s;ed of, by &s;uch wife or wives, in their own per&s;on or per&s;ons, or by their own act or means, or by any
<PB N="62" REF="32"> other per&s;on or per&s;ons. And that &s;hee and they, the &s;aid wife and wives, &s;hall incur &s;uch dan|ger and penalty for not coming before the &s;aid Commi&s;&s;ioners, or for refu&s;ing to be &s;worn and examined, or for not di&s;clo&s;ing the truth upon her or their exa|mination, or examinations, as in, and by the &s;aid former Laws, or either of them is already made, and provided again&s;t any other per&s;on, or per&s;ons in like ca&s;es.</P>
<P>And be it further euacted by the authority afore&s;aid, That if any Bankrupt &s;hall upon his, or her examination, or examinati|ons to be taken before the &s;aid Commi&s;&s;ioners, executing the &s;aid Commi&s;&s;ion, be found frau|dulently, or deceitfully to have conveyed away his, or her Goods, Chattels, Lands, Tenements, Offices, Fees, Rents or Annui|ties, or other E&s;tate, or any part
<PB N="63" REF="32"> thereof, to the value of twenty pounds or above, to the end and purpo&s;e to hinder the execution of this Statute, or of any other the afore&s;aid Statutes, or there|by to defraud, delay, or hinder his or her Creditors of the &s;ame, and &s;hall not upon his or her ex|amination di&s;cover unto the &s;aid Commi&s;&s;ioners, and (if it lie in his or her power) deliver unto the &s;aid Commi&s;&s;ioners, all that e&s;tate, Goods, and Chattels, &s;o fraudulently, and deceitfully conveyed away, as afore&s;aid, or by him or her, his or her means, kept or detained from the &s;aid Commi&s;&s;ioners, or that cannot make it appear unto the &s;aid Commi&s;&s;ioners that he or &s;he hath &s;u&s;tained &s;ome ca&s;ual lo&s;s, whereby he or &s;he is di&s;abled to pay, what he or &s;he then owed, &s;hall or may be indicted for &s;uch fraud or abu&s;e, at the A&s;&s;i&s;es or general Se&s;&s;ions, to be holden
<PB N="64" REF="33"> before the Iudges of A&s;&s;i&s;e, or Iu&s;tices of the Peace of the County or place, where he or &s;he &s;hall become Bankrupt&punc; And if upon &s;uch Indictment or Indict|ments, the Bankrupt be there|of convicted, he or &s;hee &s;o con|victed, &s;hall be &s;et upon the Pil|lory in &s;ome publick place, for the &s;pace of two hours, and have one of his or her ears nailed to the Pillory, and cut off.</P>
<P>And for that &s;ome doubt is conceived, whether the Com|mi&s;&s;ioners in ca&s;e of re&s;i&s;tance, have power by the former Laws, to break open, or cau&s;e to be bro|ken open, the Hou&s;e or Hou&s;es of &s;uch Bankrupts, which if they have not, the remedies by the former Laws given, will be to little effect: Be it therefore en|acted, That in the execution of the &s;aid Commi&s;&s;ion, it &s;hall be lawful, to, and for the &s;aid Com|mi&s;&s;ioners, or the greater part of
<PB N="65" REF="33"> them, or any other per&s;on or per|&s;ons, Officer or Officers, by them, or the greater part of them, to be deputed and appointed by their Warrant or Warrants, un|der their hands and &s;eals, to break open the Hou&s;e or Hou&s;es, Chambers, Shops, Warehou|&s;es, Doors, Trunks or Che&s;ts of the &s;aid Bankrupt, where the &s;aid Bankrupt, or any of his or her Goods or E&s;tate, &s;hall be, or reputed to be, and to &s;eize upon, and order the body, Goods, Chat|tels, ready Money, and other e|&s;tate of &s;uch Bankrupt, as by the &s;aid former Laws are limit|ed and appointed, whether it be by impri&s;onment of his or her body, or otherwi&s;e, as to the &s;aid Commi&s;&s;ioners or the grea|ter part of them, &s;hall be thought meet.</P>
<P>And for the better divi&s;ion and di&s;tribution of the Lands, Tene|ments, Hereditaments, Goods,
<PB N="66" REF="34"> Chattels, and other E&s;tate of &s;uch Bankrupts, to, and among&s;t his or her Creditors, Be it enacted that the Commi&s;&s;ioners, or the greate&s;t part of them, &s;hall, and may examine upon oath, or by any other ways or means, as to them &s;hall &s;eem meet, any per&s;on or per|&s;ons for the finding out, and di&s;co|very of the truth, and certainty of the &s;everal debts due, and owing, to all &s;uch Creditor and Credi|tors, as &s;hall &s;eek relief by &s;uch cour&s;e or Commi&s;&s;ion to be &s;ued forth, as afore&s;aid: And that all and every Creditor &amp; Creditors, having &s;ecurity for his, or their &s;e|veral Debts, by Iudgment, Sta|tute, Recognizance, Specialty with penalty or without penalty, or other &s;ecurity, or having no &s;e|curity, or having made Attach|ment in London, or any other place, by vertue of any cu&s;tome there u&s;ed, of the Goods and Chattels of any &s;uch Bankrupt,
<PB N="67" REF="34"> whereof there is no execution or Extent &s;erved and executed, upon any the Lands, Tenements, He|reditaments, Goods, Chattels, and other e&s;tate of &s;uch Bank|rupt, before &s;uch time, as he or &s;he &s;hall, or do become Bankrupt, &s;hall not be relieved upon any &s;uch Iudgment, Statute, Recog|nizance, Specialty, Attachments, or other &s;ecurity, for any or more than a ratable part of their ju&s;t and due debts, with the other Cre|ditors of the &s;aid Bankrupt, with|out re&s;pect to any &s;uch penalty, or greater &s;um contained in any &s;uch Iudgment, Statute, Recogni|zance, Specialty with Penalty, Attachment or other Security.</P>
<P>And be it further enacted, that if it &s;hall happen, any the Lands, Tenements, Goods, Chattels, Debts, or other e|&s;tate of any Bankrupt, to be ex|tended, after &s;uch time as he, or &s;he is become a Bankrupt, by any
<PB N="68" REF="35"> per&s;on or per&s;ons, under colour or pretence, of his or their being an Accomptant, or any way indebted unto our Sovereign Lord the Kings Maje&s;ty, his Heirs or Suc|ce&s;&s;ors, that then it &s;hall be lawful, to, and for the &s;aid Commi&s;&s;io|ners, to examine upon oath, whe|ther the &s;aid Debt were due to &s;uch Debtor or Accomptant, upon any bargain or contract original|ly made, betwixt &s;uch Accomp|tant, and the &s;aid Bankrupt, the &s;aid Debtor or Accomptant, and his, or their &s;ervants: And if &s;uch bargain or contract was original|ly made, to, and with any other per&s;on or per&s;ons, than the &s;aid Debtor or Accomptant, or for the u&s;e and tru&s;t of any other per&s;on or per&s;ons, than it &s;hall and may be lawful, to and for the &s;aid Commi&s;&s;ioners, or the greater part of them to order and di&s;po&s;e of all &s;uch Lands, tenements, He|reditaments, Goods, Chattels,
<PB N="69" REF="35"> and Debts &s;o extended, as afore|&s;aid, to and for the u&s;e of the Cre|ditors, which &s;hall &s;eek relief by the &s;aid Commi&s;&s;ion; And that the order and di&s;po&s;ition of the &s;aid Commi&s;&s;ioners, or the greater part of them, &s;hall be good and a|vailable a gain&s;t the &s;aid extent, and again&s;t all per&s;ons claiming, from, by, or under the &s;aid extent: And that &s;uch per&s;on or per&s;ons, to whom the &s;aid Lands, Tene|ments, Goods and Chattels &s;o extended, &s;hall be bargained, &s;old, granted, or a&s;&s;igned by the Com|mi&s;&s;ioners afore&s;aid, or the greater part of them, &s;hall have good re|medy, to have, demand, and reco|ver the &s;ame, again&s;t &s;uch per&s;on and per&s;ons, who &s;hall detain the &s;ame: And for that it often falls out, that many per&s;ons before they become Bankrupts, do con|vey their Goods to other men, upon good con&s;ideration, yet &s;till do keep the &s;ame, and are reputed
<PB N="70" REF="36"> the owners thereof, and di&s;po&s;e the &s;ame as their own.</P>
<P>Be it enacted, that if at any time hereafter, any per&s;on or per|&s;ons &s;hall become Bankrupt, and at &s;uch time as they &s;hall &s;o be|co~me Bankrupt, &s;hall by the con|&s;ent and permi&s;&s;ion of the true owner, and proprietary, have in their po&s;&s;e&s;&s;ion, order, and di&s;po&s;i|tion, any Goods, or Chattels, whereof they &s;hall be reputed ow|ners, and take upon them the &s;ale, alteration, or di&s;po&s;ition, as ow|ners, that in every &s;uch ca&s;e, the &s;aid Commi&s;&s;ioners, or the grea|ter part of them, &s;hall have power to &s;ell and di&s;po&s;e the &s;ame, to, and for the benefit of the Credi|tors, which &s;hall &s;eek relief by the &s;aid Commi&s;&s;ion, as fully as any other part of the e&s;tate of the Bankrupt: and for the better payment of debts, and di&s;courag|ing men to become Bankrupts:</P>
<P>Be it further enacted, that the
<PB N="71" REF="36"> &s;aid Commi&s;&s;ioners, or the grea|ter number of them, &s;hall have power by vertue of this Act, by deed indented, and enrolled with|in &s;ix months after the making thereof, in &s;ome of his Maje&s;ties Court of Record at We&s;tmin&s;ter, to grant, bargain, &s;ell and convey any Mannors, Lands, Tene|ments, or Hereditaments, where|of any Bankrupt is, or &s;hall be in any ways &s;eized of any e&s;tate, in tail, in po&s;&s;e&s;&s;ion, rever&s;ion or re|mainder, and whereof no rever|&s;ion, or remainder is, or &s;hall be in the Kings Maje&s;ty, his Heirs, or Succe&s;&s;ors, of the gift or provi&s;i|on of his Maje&s;ty, his Progeni|tors, his Heirs, or Succe&s;&s;ors, to any per&s;on or per&s;ons, for the re|lief and benefit of the Creditors of all &s;uch Bankrupts, and that all &amp; every &s;uch grants, bargains, &s;ales, and conveyances &s;hall be good and available in the Law, to &s;uch per&s;on or per&s;ons, and their
<PB N="72" REF="37"> heirs, again&s;t the &s;aid Bankrupts, and again&s;t all and every the I&s;|&s;ues of the body of &s;uch Bank|rupts, and again&s;t all and every per&s;on and per&s;ons, claiming any e&s;tate, right, title, or intere&s;t, by, from, or under the &s;aid Bank|rupts, after &s;uch time as &s;uch per|&s;on &s;hall become Bankrupt, and again&s;t all and every other per&s;on and per&s;ons what&s;oever, whom the &s;aid Bankrupt by common recovery, or other ways or means might cut off, or debar from any remainder, rever&s;ion, rent, pro|fit, title or po&s;&s;ibility, into, or out of any the &s;aid Mannors, Lands, Tenements, or Hereditaments.</P>
<P>And be it further enacted, That if any per&s;on that now is, or here|after &s;hall become a Bankrupt, have heretofore granted, convey|ed, or a&s;&s;ured, or &s;hall at any time hereafter, grant, convey, or a&s;&s;ure any Lands, Tenements, Here|ditaments, Goods, Chattels, or other e&s;tate, unto any per&s;on or
<PB N="73" REF="37"> per&s;ons, upon condition, or power of redemption, at a day to come, by payment of mony, or other|wi&s;e, That it &s;hall and may be lawful, to, and for the &s;aid Com|mi&s;&s;ioners, or the greater part of them, before the time of the per|formance of &s;uch condition, to a&s;|&s;ign and appoint, under their hands and &s;eals, &s;uch per&s;on or per&s;ons, as they &s;hall think fit, to make tender or payment of mony, or other performance, according to the nature of &s;uch condition, as fully as the Bankrupt might have done; and that the &s;aid Commi&s;&s;ioners, or the greater part of them, &s;hall after &s;uch ten|der, payment, or performance, have power to &s;ell, and di&s;po&s;e of &s;uch Lands, Tenements, Here|ditaments, Goods and Chattels, and other e&s;tates &s;o granted, con|veyed, or a&s;&s;ured upon condition, to, and for the benefit of the Cre|ditors, as fully as they may &s;ell or di&s;po&s;e of any the e&s;tate of the Bankrupt</P>
<PB N="74" REF="38">
<P>Provided further, that no Pur|cha&s;er, for good and valuable con|&s;ideration, &s;hall be impeached by vertue of this Act, or any other Act heretofore made again&s;t Bank|rupts, unle&s;s the Commi&s;&s;ion to prove him, or her a Bankrupt, be &s;ued forth again&s;t &s;uch Bankrupt within five years after he, or &s;he &s;hall become a Bankrupt.</P>
<P>Provided further, and be it enacted by the Authority afore|&s;aid, that this Act, and all other Acts of Parliament, heretofore made again&s;t Bankrupts, &s;hall extend to Strangers born, as well Aliens, as Denizens, as ef|fectually, as to the natural born Subjects, both to make them &s;ub|ject to the Laws as Bankrupts, as al&s;o to make them capable of the benefit or contribution, as Creditors by tho&s;e Laws. <HI>Stat. 34 H. 8. 4. 13 El. 7. 1 Jac. 15.</HI></P>
<P><HI>Stat. 14 <HI>Car. 2.</HI> Chap. 24.</HI></P>
<P>Whereas divers Noblemen
<PB N="75" REF="38"> and Gentlemen, not bred up in Trade, have notwith&s;tanding put great Stocks into the <HI>Ea&s;t-India</HI> and <HI>Guiny</HI> Company, it is de|clared that no per&s;ons Adven|turers for putting in Mony or Merchandi&s;e into the &s;aid Com|panies, or for adventuring or ma|naging the Fi&s;hing, called the Royal Fi&s;hing Trade, &s;hall be tak<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n or reputed a Merchant or Trader within any Statutes for bankrupts or be liable to the &s;ame.</P>
<P>Provided that per&s;ons trading and trafficking in any other way or manner than the &s;aid Companies or Fi&s;hing &s;hall be liable to the Commi&s;&s;ion of Bankrupts.</P>
<P>A Verdict and Iudgment a|gain&s;t Sir <HI>Jo&punc; Wolla&s;ton</HI> as a Bankrupt, for trading in the <HI>Ea&s;t-India</HI> Company rever&s;ed and made void. Provided, not to a|void any &s;ale or di&s;po&s;ition of his lands or goods made by vertue of the Commi&s;&s;ion of Bankrupts.</P>
<DIV3 TYPE="subpart">
<PB N="76" REF="39">
<HEAD>To the Right Honourable, <HI>&amp;c.</HI></HEAD>
<P>IN mo&s;t humble manner com|plaining, &s;heweth unto your Lord&s;hip your daily Orators, <HI>T. B.</HI> of <HI>A</HI>- in the County of <HI>D.</HI> Gent. and <HI>W. P</HI> of <HI>C.</HI> in the County of <HI>E.</HI> E&s;q; as well for them|&s;elves, as for all others the Credi|tors of <HI>R. D.</HI> of the Pari&s;h of <HI>M.</HI> in the City of <HI>London</HI> Merchant, That whereas the &s;aid <HI>R. D.</HI> u&s;ing and exerci&s;ing the Trade of Mer|chandize, by way of Bargaining, Exchange, Bartering and Chevi|&s;ance, &s;eeking his Trade of living by buying and &s;elling, upon good and ju&s;t cau&s;es, for Wares and Merchandizes to him &s;old and de|livered, and al&s;o for ready mony to him lent, being indebted to your Orators, and others his Creditors in divers and &s;everal &s;ums of money, amounting in the whole to the &s;um
<PB N="77" REF="39"> of <HI>&amp;c.</HI> and upwards; of late, that is to &s;ay, about the Month of <HI>No|vember</HI> la&s;t did become Bankrupt, within the &s;everal Statutes lately made again&s;t Bankrupts, to the in|tent to defraud and hinder your &s;aid Orator, and all other his Creditors of their ju&s;t Debts and Duties to them due, and owing (<HI>viz.</HI>) within the Statute made in the Parliament begun and holden at <HI>We&s;tmin&s;ter</HI> the &s;econd day of <HI>April</HI> in the <HI>thirteenth</HI> year of the Reign of our late Sove|reign Lady Queen <HI>Elizabeth</HI> con|cerning Bankrupts: and within the Statute made in the Parliament be|gun and holden at <HI>We&s;tmin&s;ter</HI> afore|&s;aid, the nineteenth day of <HI>March</HI> in the fir&s;t year of the Reign of our late Sovereign Lord King <HI>James</HI> of <HI>England, France,</HI> and <HI>Ireland,</HI> and of <HI>Scotland</HI> the &s;even and thirtieth, Intituled <HI>An Act for the better relief of the Creditors again&s;t &s;uch as &s;hall become Bankrupts;</HI> as al&s;o within the Statute made in the Parliament
<PB N="78" REF="40"> begun and holden at <HI>We&s;tmin&s;ter</HI> the nineteenth day of <HI>February</HI> in the one and twentieth year of the Reign of our &s;aid late Sovereign Lord King <HI>James</HI> of <HI>England, France,</HI> and <HI>Ireland,</HI> and of <HI>Scotland</HI> the &s;even and fiftieth, Intituled, <HI>An Act for the further de&s;cription of a Bankrupt, and relief of the Creditors again&s;t &s;uch as &s;hall become Bankrupts,</HI> or within &s;ome or one of them: In ten|der con&s;ideration whereof, may it plea&s;e your Lord&s;hip to grant unto your Orators his Maje&s;ties mo&s;t gra|cious Commi&s;&s;ion to be directed to &s;uch and &s;o many wi&s;e, hone&s;t, and di&s;creet per&s;ons as your Lord&s;hip &s;hall &s;eem meet, authorizing them thereby, not only concerning the &s;aid Bankrupt, his Body, Lands, Tenements, Free-hold and Cu&s;to|mary Goods, Debts, and other things what&s;oever, but al&s;o con|cerning all other per&s;ons which by concealment claim, or otherwi&s;e do or &s;hall offend touching the premi|&s;es,
<PB N="79" REF="40"> or any part thereof, contrary to the true intent and meaning of the &s;ame Statutes. To do and execute all and every thing and things what|&s;oever, as well for, and towards &s;a|tisfaction and payment of the &s;aid Creditors, as towards and for all other intents and purpo&s;es, accor|ding to the Ordinance and Provi|&s;ion of the &s;ame Statutes:</P>
<CLOSER>And your Orators &s;hall pray, <HI>&amp;c.</HI></CLOSER>
</DIV3>
<DIV3 TYPE="summary">
<PB REF="41">
<LIST>
<HEAD>In Bankrupt, Note</HEAD>
<ITEM>What he is disco|vered
<LIST>
<ITEM>1.
<LIST>
<ITEM>By general de&s;cription, Sect. 1, 2.</ITEM>
</LIST></ITEM>
<ITEM>2.
<LIST>
<ITEM>By his Trade. 4, 5, 6, u&s;que ad Sect. 11.</ITEM>
<ITEM>By his demeanour. 12, 13, 14, u&s;que ad Sect. 25.</ITEM>
<ITEM>By the final cau&s;e of all. Sect. 26.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
<ITEM>The pro|ceeding a|gain&s;t, and puni<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">hment of him
<LIST>
<ITEM>1. In general he &s;hall be accompted a Bankrupt, and made thereby incapable to di&s;po&s;e of his own. Sect. 28.</ITEM>
<ITEM>2. In par|ticu|lar by per|&s;ons
<LIST>
<ITEM>1. Immediately appointed by the Act and therein note
<LIST>
<ITEM>1. What they are. Sect. 29.</ITEM>
<ITEM>2. Their au|thority &s;et forth
<LIST>
<ITEM>1. Generally. Sect. 29.</ITEM>
<ITEM>2. Parti|cularly
<LIST>
<ITEM>1. Touching his per&s;on. Sect. 30.</ITEM>
<ITEM>2. As to his E&s;tate and there|in note
<LIST>
<ITEM>1. The way of di&s;co|vering it. 32, 33, 34.</ITEM>
<ITEM>2. The di&s;po&s;al of it. Sect. 35.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST></ITEM>
<PB REF="41">
<ITEM>2. Mediately authori&s;ed by Lord Chancellor
<LIST>
<ITEM>1 Their Commi&s;&s;ion. Sect. 36.</ITEM>
<ITEM>2. Their au|thori|ty
<LIST>
<ITEM>1. As to the Bankrupts per&s;on. Sect. 39, 40, 41.
<LIST>
<ITEM>2. As to his E&s;tate</ITEM>
<ITEM>2. What it is
<LIST>
<ITEM>real. 43, 45, u&s;que ad 57.</ITEM>
<ITEM>per&s;onal. 61, 62, u&s;que ad 71.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
<ITEM>2. The means of di&s;co|very
<LIST>
<ITEM>as to the per|&s;ons
<LIST>
<ITEM>the Bankrupt him&s;elf, Sect. 73, 74, 75, 76.</ITEM>
<ITEM>the Bankrupts Wife. Sect. 77.</ITEM>
<ITEM>other persons
<LIST>
<ITEM>what per&s;ons. Sect. 78.</ITEM>
<ITEM>proceeding with them
<LIST>
<ITEM>to &s;end for them. Sect. 78.</ITEM>
<ITEM>to examine them. Sect. 78.</ITEM>
<ITEM>to puni&s;h them. 79, 80, u&s;que ad 86.</ITEM>
</LIST></ITEM>
<ITEM>allowance to them of charges. Sect. 87.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
<ITEM>as to the goods, by breaking open locks, &amp;c. for them Sect. 72.</ITEM>
</LIST></ITEM>
<ITEM>3. The di&s;po&s;al of it.
<LIST>
<ITEM>1. By apprai&s;ement, Sect. 88, &amp;c.</ITEM>
<ITEM>2. By &s;ale, Sect. 89, &amp;c.</ITEM>
<ITEM>3. By Di|tribution
<LIST>
<ITEM>to whom, 89, 90.</ITEM>
<ITEM>of what, 90, 91, 92, 93, 94, 95, 96, 97, 98.</ITEM>
<ITEM>the time when, not until 4 months, &amp;c. Sect. 105, 108.</ITEM>
<ITEM>the manner; Rate and Rate like, Sect. 109.</ITEM>
<ITEM>the ef|fect of it
<LIST>
<ITEM>to barr, Sect. 112.</ITEM>
<ITEM>to ve&s;t the property, Sect. 113.</ITEM>
<ITEM>to give means of Recovery, Sect. 112.</ITEM>
<ITEM>to re&s;tore to the Bankrupt his capaci|ty, Sect. 123.</ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST></ITEM>
<ITEM>3. Their accompt.</ITEM>
<ITEM>4. Their re|medy, if &s;ued</ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST>
</DIV3>
<DIV3 TYPE="subpart">
<PB N="82" REF="42">
<OPENER><SIGNED><HI>CHARLES</HI> the Second by the Grace of God, King of <HI>England, Scotland, France,</HI> and <HI>Ireland.</HI> Defen|der of the Faith, <HI>&amp;c.</HI></SIGNED>
<SALUTE>To our tru&s;ty &amp; well beloved <HI>A. B.</HI> of <HI>E.</HI> in the County of <HI>D.</HI> Gent. <HI>S. M.</HI> of <HI>H.</HI> in the County of <HI>W.</HI> E&s;q. Greeting&punc;</SALUTE></OPENER>
<P>Whereas we are informed that <HI>R. D.</HI> of <HI>L.</HI> in the City of <HI>London</HI> Mer|chant, u&s;ing and exerci&s;ing the Trade of Merchandi&s;e by way of Bargaining, Ex|change, Bartering and Chevi&s;ance, &s;eek|ing his Trade of living by buying and &s;el|ling, did become Bankrupt&punc; within the &s;everal Sta|tutes made again&s;t Bankrupts, to the intent to defraud and hinder <HI>T. B.</HI> of <HI>A.</HI> in the County of <HI>D.</HI> Gent. and <HI>W. P.</HI> of <HI>C.</HI> in the County of <HI>E.</HI> E&s;q; and others his Creditors of their ju&s;t Debts and Duties to them due, and owing, We minding the due exe|cution as well of the Statute touching Or|ders for Bankrupts in the Parliament be|gun and holden at <HI>We&s;tmin&s;ter</HI> the &s;econd day of <HI>April</HI> in the thirteenth year of the Reign of our dear Si&s;ter <HI>Elizabeth</HI> late
<PB N="83" REF="42"> Queen of <HI>England</HI> made and provided: As of the Statute made in the Parlia|ment begun and holden at <HI>We&s;tmin&s;ter</HI> afore&s;aid, the nineteenth day of <HI>March,</HI> in the fir&s;t year of the Reign of our late dear Grandfather King <HI>James</HI> of <HI>England, France,</HI> and <HI>Ireland,</HI> and of <HI>Scotland</HI> the &s;even and thirtieth, Intituled, <HI>An Act for the better relief of Creditors a|gain&s;t &s;uch as &s;hall become Bankrupt.</HI> And al&s;o of the Statute made in the Par|liament begun &amp; holden at <HI>We&s;tmin&s;ter</HI> afore&s;aid, the 19th day of <HI>February</HI> in the twenty fir&s;t year of the Reign of our &s;aid late dear Grandfather K. <HI>James</HI> of <HI>England, France,</HI> and <HI>Ireland,</HI> and of <HI>Scotland</HI> the &s;even and fiftieth, Intitu|led, <HI>An Act for the further de&s;cripti|on of a Bankrupt, and relief of Credi|tors again&s;t &s;uch as &s;hall become Bank|rupt,</HI> upon tru&s;t of the wi&s;doms, fidelities, diligence, and provident circum&s;pection which we have conceived in you do by the&s;e pre&s;ents name, a&s;&s;ign, appoint, con&s;ti|tute, and ordain you our &s;pecial Commi&s;&s;io|ners, giving full power and authority, un|to
<PB N="84" REF="43"> you, four or three of you, whereof you the &s;aid <HI>A. B.</HI> to be one accord|ing to the &s;ame Statutes, and every, or a|ny of them not only concerning the &s;aid Bankrupt his body, Lands, Tenements, Free-hold, &amp; Cu&s;tomary Goods, Debts, &amp; other things what&s;oever, but al&s;o concern|ing all other per&s;ons which by conceal|ment, claim, or otherwi&s;e do, or &s;hall offend touching the premi&s;es, or any part thereof contrary to the true intent and meaning of the &s;ame Statutes, or any of them, to do and execute all and every thing &amp; things what&s;oever, as well for and towards &s;atis|faction and payment of the &s;aid Creditors, as towards, and for all other intents and purpo&s;es according to the Ordinances and provi&s;ion of the &s;aid Statutes, Willing and commanding you, four, or three of you whereof you the &s;aid <HI>A. B.</HI> to be one, to pro|ceed to the execution and accompli&s;hment of this our Commi&s;&s;ion according to the true intent and meaning of the &s;ame Sta|tutes, with all diligence and effect, as our &s;pecial tru&s;t is in you.</P>
<CLOSER><DATELINE>Witne&s;s Our &s;elf at <HI>We&s;tmin&s;ter</HI> <DATE>the, <HI>&amp;c.</HI></DATE></DATELINE></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="85" REF="43">
<HEAD>What a Bankrupt is, and his De&s;cription.</HEAD>
<P N="1">1. FIr&s;t in General, the word<NOTE PLACE="marg">His Name.</NOTE> <HI>Bankrupt,</HI> is derived of the French word <HI>Banqueroutte,</HI> which &s;ignifieth a breaking, or be|coming a Bankrupt: and <HI>Banquerouttier,</HI> &s;ignifieth a Bankrupt; and <HI>faire Banque|route,</HI> is as much as <HI>&s;olum vertere,</HI> with the Romans: the compo&s;ition of the French word is from <HI>Banque,</HI> which is as much as <HI>Men&s;a</HI> in Latine, and <HI>route,</HI> which is the &s;ame with <HI>Ve&s;ti|gium,</HI> taken for a &s;ign or mark left in the place from whence a Table had been re|moved; in the &s;ame &s;ence as we in En|gli&s;h &s;ay a <HI>Cartroutte, viz.</HI> the remain|ing impre&s;&s;ion of a Cart-wheel. The O|riginal &s;eemeth to be taken from the Roman <HI>Men&s;arii,</HI> who had their <HI>Taber|nas</HI> and <HI>Men&s;as: (Tabernae</HI> being taken for Shops, &s;o called <HI>a tabulis, quibus cla<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|debantur</HI>) and the&s;e were &s;eated in pub|lick
<PB N="86" REF="44"> places, from which when they were di&s;po&s;ed to &s;lip away and delude their Creditors, they left only of the&s;e Shops &s;ome <HI>Ve&s;tigia,</HI> or &s;igns behind them: <HI>Vide Cowel, &amp; Min&s;haw verbo Bank|rupt.</HI></P>
<P N="2">(2.) In the Statute of 34 <HI>H. 8. cap.</HI><NOTE PLACE="marg">His de|&s;cripti|on.</NOTE> 4. a Bankrupt is thus de&s;cribed: <HI>viz. Whereas divers and &s;undry per&s;ons, craf|tily obtaining into their hands great &s;ub|&s;tance of other mens goods, do &s;uddenly flie into parts unknown, or keep their Hou|&s;es, not minding to pay, or re&s;tore unto a|ny of their Creditors their Debts and Du|ties, but at their own wills and plea&s;ures, con&s;ume the &s;ub&s;tance (obtained by cre|dit) of other men, for their own plea&s;ures and delicate living, again&s;t all equity and good Con&s;cience.</HI></P>
<P N="3">(3.) Now more particularly, A Bankrupt is &s;et forth and de&s;cribed in the &s;everal Statutes made again&s;t Bank|rupts, Fir&s;t, by his Quality and Occu|pation: Secondly, by his Demeanour and Carriage.</P>
<P N="4">(4.) For the fir&s;t, as to his Quality<NOTE PLACE="marg">His Quality.</NOTE> and Occupation, he is thus de&s;cribed by 13 <HI>El. chap.</HI> 7. and 1 <HI>Jac. chap. 15. If any Merchant, or other per&s;on, u&s;ing or exerci&s;ing the trade of Merchandizing,
<PB N="87" REF="44"> by way of Bargaining, Exchange, Re|change, Bartry, Chevi&s;ance, or otherwi&s;e in gro&s;s, or by retail, or &s;eeking his or their Trade of living by buying and &s;el|ling,</HI><NOTE PLACE="marg">Subjects.</NOTE> <HI>and being a Subject born of this Realm, or of any the Queens Dominions, or Denizen, &amp;c.</HI> Which Statute, as ap|pears, extends only to Subjects born, or Denizens: but the Statute of 21 <HI>Jac. cap.</HI> 19. extends likewi&s;e to &s;trangers; at the later end of which Statute there is this Provi&s;o, <HI>viz. Provided further and be it enacted,</HI> &amp;c. <HI>that this Act, and all other Acts of Parliament, heretofore made again&s;t Bankrupts, &s;hall extend to Strangers born:</HI> as well aliens, as De|nizens,<NOTE PLACE="marg">Stran|gers.</NOTE> as effectually as to the natural born Subjects, both to make them &s;ub|ject to the Laws as Bankrupts; as al&s;o to make them capable of the benefit or contribution, as Creditors by tho&s;e Laws.</P>
<P N="5">(5.) A Shoo-maker may be a Bank|rupt,<NOTE PLACE="marg">Shooma|ker.</NOTE> becau&s;e he lives by buying of Le|ther, and &s;elling of it again in Shoos. <HI>Crook part 3. fol. 31. Cramp</HI> and <HI>Barn.</HI> An Inn-keeper is not within the Sta|tutes of Bankrupts, for although he buy provi&s;ion to be &s;pent in his hou&s;e, and utters it, yet he doth not properly &s;ell it,
<PB N="88" REF="45"> but utters it at &s;uch Rates, as he thinks to be rea&s;onable gains, and the Gue&s;ts do not take it, or contract for it, at a cer|tain price; and if he take exce&s;&s;ive pri|ces, he is indictable; and Inn-keepers have many times Hay, Corn, <HI>&amp;c.</HI> of their own growth, and their gains ari&s;e by the attendance of their &s;ervants, and furni|ture of their Hou&s;e and Rooms for the accommodation of his Gue&s;ts. <HI>Crook 3 part. fol. 549. Cri&s;p ver&s;. Prat.</HI></P>
<P N="6">(6.) The like I &s;uppo&s;e may be &s;aid of a Taylor, for his Trade is not by buy|ing and &s;elling, but by making of the Garment, and in what he buyeth, he doth it, but as a &s;ervant to his Cu&s;tomers, and ought not to take any more than he lays out.</P>
<P N="7">(7.) Sir <HI>John Wol&s;tenholm,</HI> one of the Ea&s;t-India Company, a per&s;on of 3000 <HI>l.</HI> lands a year; yet in regard he had a &s;tock in that company, and received the proceed thereof, he was held to be within the Statutes of Bankrupts, al|though he did not get the greate&s;t part of his living by buying and &s;elling; not|with&s;tanding the words of the Statute: [<HI>Seeking his or their Trade by buying and &s;elling:</HI>] for the Statute &s;hall be ex|pounded beneficially for the Creditors:
<PB N="89" REF="45"> and it is not the Quality of a mans Per|&s;on, or the greatne&s;s of his E&s;tate, that exempts him out of the Statute. <HI>Hughs Abridgment, fol. 315. Ca&s;e</HI> 7.</P>
<P N="8">(8.) A Feme covert, &s;ole Merchant in <HI>London</HI> (being &s;uch an one as driveth one Trade, and her Husband another) by the cu&s;tom of that City may bring an action without her Husband, and be &s;ued without her Husband, 1 <HI>E. 4. pag.</HI> 13. And if her Husband be named with her in an action brought again&s;t her, it is but for conformity: <HI>contra,</HI> if &s;he exerci&s;e the &s;ame Trade with her Husband, al|though &s;he buy and &s;ell, <HI>&amp;c.</HI> for it &s;hall be intended as &s;ervant to her Husband: <HI>Crooke 3 pag. fol.</HI> 69. al&s;o a feme covert &s;ole Merchant, may give away and di&s;|po&s;e of her goods without her Husband, 21 <HI>H. 7. 18. pag.</HI> 29. A Feme covert &s;ole Merchant may be a Bankrupt, for if the Cu&s;tom of <HI>London</HI> doth create in her a di&s;tinct property from her Husband in the goods &s;he deals in: by the &s;ame rea|&s;on &s;he alone may become a Bankrupt, within the Statute, and her husband not included, and her husband be al&s;o a Bank|rupt, and &s;he not thereby included. Yet Quere, for the wife is <HI>&s;ub pote&s;tate viri,</HI> by the Law of God, and Nature, from which
<PB N="90" REF="46"> no cu&s;tom can exempt her; and her hu&s;|band when he plea&s;e may determine her &s;ole Merchant&s;hip; and there it may &s;eem rea&s;onable, that his being a Bank|rupt &s;hould involve her e&s;tate, and that her being a Bankrupt &s;hould involve his E&s;tate, becau&s;e it is by his permi&s;&s;ion and privity &s;he drives a di&s;tinct Trade. <HI>Vide Stones Lecture</HI> 162. who is of opinion that if &s;he ab&s;ent her &s;elf, <HI>&amp;c.</HI> and her husband be <HI>non-&s;olvent,</HI> both will be|come Bankrupts, for it was his folly <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;uffer her to be &s;ole Merchant.</P>
<P N="9">(9.) A Merchant gives over h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> trading; and &s;even years after becom<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>non-&s;olvent,</HI> for money he took up whi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> he was a Merchant, he &s;hall be a Bank|rupt: <HI>Stones Lecture, fol. 7. contra,</HI> f<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> Debts contracted &s;ince he gave ove<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Trading; &s;o for Debts due before h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> gave over trading, and continued upo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> new &s;ecurity taken &s;ince he gave over h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> trading. <HI>ibid.</HI></P>
<P N="10">(10.) A Gra&s;ier that hireth ground<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and buyeth Cattel and feedeth them, and then &s;ells them again, may be a Bank|rupt, and is within the Statutes of Bank|rupts, &s;aith <HI>Stone: contra,</HI> if he gra&s;e his own Free-hold: <HI>Stones Lecture</HI> 165. Yet Quere, of the la&s;t point, for if h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">
<PB N="91" REF="46"> gra&s;e them in his own Free-hold, yet notwith&s;tanding he &s;eeketh his Trade of living by buying and &s;elling, though not wholly by buying and &s;elling. <HI>Vide Sect&punc;</HI> 7.</P>
<P N="11">(11.) A Clothier that &s;ets poor peo|ple on work, but him&s;elf doth only buy the wool, and &s;ell the Cloth, may be a Bankrupt; <HI>contra,</HI> if he work him&s;elf, and keepeth Looms and &s;ervants: &s;aith Mr. <HI>Stone</HI> in his <HI>Lecture, fol.</HI> 165. but Quere of the la&s;t point; why he may not (although he work him&s;elf) be within the Statutes of Bankrupts, as well as a Shoo-maker who buyeth Leather and makes it up into Shoos, and &s;ells them: for a Clothier buyeth Wool, and makes it up into Cloth, and &s;ells it. <HI>Vid. Sect.</HI> 5. A Scrivener may be a Bankrupt, by 21 <HI>Jac. chap.</HI> 19.</P>
<P N="12">(12.) Thirdly, a Bankrupt is &s;et<NOTE PLACE="marg">Hi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> de|m<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a|nour.</NOTE> forth and de&s;cribed by his Demeanour, or Carriage; which is, 1. his withdraw|ing him&s;elf: as it is in 34 <HI>H. 8. cap. 4. Whereas divers and &s;undry per&s;ons craf|tily obtaining into their hands great &s;ub|&s;tance of other mens, do &s;uddenly fly into parts unknown, or keep their hou&s;es:</HI> and by 13 <HI>El. cap.</HI> 7. he is &s;aid to be &s;uch an one as &s;hall depart the Realm, or begin
<PB N="92" REF="47"> to keep his or their Hou&s;e, or Hou&s;es, or otherwi&s;e, <HI>&amp;c.</HI></P>
<P N="13">(13.) A Merchant or Trader, ab|&s;ents him&s;elf for fear of being arre&s;ted, by a Writ <HI>de excommunicato capiendo,</HI> &s;o if a Decree in Chancery be made again&s;t him to make a Conveyance, and he with|draws him&s;elf for fear of being attach|ed for not performing of the Decree: I<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;eems in neither of the&s;e ca&s;es doth his withdrawing make him a Bankrupt; <HI>con|tra,</HI> if the &s;ub&s;tance of the Decree had been for payment of Money, becau&s;e in &s;uch ca&s;e his withdrawing had been for Pay, to defraud, or delay the payment of his Debt: <HI>Stones Lecture, fol.</HI> 10. If he depart the Realm, and long time af|ter his departure becomes <HI>non-&s;olvent,</HI> his ab&s;enting him&s;elf in &s;uch ca&s;e brings him within the Statutes of Bankrupts, <HI>ibid.</HI> 133.</P>
<P N="14">(14.) Secondly, Keeping of their Hou&s;es; withdrawing them&s;elves, and keeping their hou&s;es, as it is in 13 <HI>Eliz. cap.</HI> 7. and 1 <HI>Jac. cap.</HI> 15. If a Trader upon notice of Proce&s;s i&s;&s;ued forth a|gain&s;t him, keeps his hou&s;e to &s;ecure him&s;elf from the arre&s;t; and after goeth forth again; and then upon like notice keeps his hou&s;e, and then again goeth
<PB N="93" REF="47"> forth: this bringeth him not within the Statutes of Bankrupts; becau&s;e he u&s;es to go at large, and his Policy will not al|ways prevent the &s;erving of Proce&s;s on him, for he may be met withal unwit|tingly one time or other. <HI>Crook, part 3. fol. 13. pag.</HI> 6. If one that hath no hou&s;e, &s;ojourns &s;ometimes at one place, and &s;ometimes at another; yet if he appears not abroad as formerly, nor can be found as formerly, this is an ab&s;enting him&s;elf (as is conceived) within the Statute of 13 <HI>El. chap.</HI> 7. where the words are, <HI>or <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">therwi&s;e ab&s;ents him&s;elf:</HI> the &s;ame words are in 1 <HI>Jac. cap.</HI> 15.</P>
<P N="15">(15.) Thirdly, taking of Sanctuary, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s it is in 13 <HI>El. cap.</HI> 7. and 1 <HI>Jac. cap.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">5. There be no Sanctuaries now in <HI>Eng|land;</HI> therefore all priviledged places where the Kings Officers cannot come, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">re within the&s;e Statutes, as <HI>Stone</HI> con|ceives in his <HI>Lecture fol.</HI> 171.</P>
<P N="16">(16.) Fourthly, Such as &s;hall &s;uffer them&s;elves willingly to be arre&s;ted: the words of the Statute of 13 <HI>El. cap.</HI> 7. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">re, <HI>Or &s;uffer him or her &s;elf willingly to be arre&s;ted for any Debt, or other thing not grown, or due for moneys delivered, wares &s;old, or any other ju&s;t or lawful cau&s;e:</HI> and by 1 <HI>Jac. chap.</HI> 15. It is, <HI>Or
<PB N="94" REF="48"> &s;hall willingly &s;uffer him, or her &s;elf <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> be arre&s;ted for any Debt,</HI> &amp;c. <HI>ut &s;upra<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI> and then adds, <HI>or &s;hall willingly, or frau|dulently procure him&s;elf or her &s;elf to be arre&s;ted, or his or her goods, money, and chattels to be attaqued or &s;eque&s;tred&punc;</HI> &amp;c.</P>
<P N="17">(17.) A Merchant, <HI>&amp;c.</HI> hath an im|propriat Rectory, the Quire is not re|paired, the Tithes are &s;eque&s;tred, it is <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> &s;eque&s;tration within the &s;aid Statute, fo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> this is not his immediate procuring, a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|though his default in not repairing th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Church, might be a mean to procure i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>Stones Lecture</HI> 172.</P>
<P N="18">(18.) Fifthly, by &s;uffering him&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> or her &s;elf to be outlawed, <HI>&amp;c.</HI> 13 <HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> cap. 7. 1 Jac. cap.</HI> 15. Quere, if the p<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">|ty rever&s;e the outlawry before the Com|mi&s;&s;ion of Bankrupt &s;ued forth; whe|ther his being out-lawed, be within th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Statute; and I conceive (with &s;ubmi&s;|&s;ion) it is not within the Statute; for <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> &s;uppo&s;e the rea&s;on of this Clau&s;e may be, becau&s;e the party by the out-lawry intitleth the King to his goods, <HI>&amp;c.</HI> &s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> that his end in &s;o doing may be conjectu|red to deceive his Creditors, which can|not be intended when he after rever&s;eth it: By <HI>Stone</HI> one out-lawed in <HI>Ireland</HI>
<PB N="95" REF="48"> it is not thereby a Bankrupt here, be|cau&s;e the Record is not pleadable here, <HI>fol.</HI> 172.</P>
<P N="19">(19.) Sixthly; Yielding him&s;elf or her &s;elf to pri&s;on. 13 <HI>El. cap. 7. 1 Jac. cap.</HI> 15. This I conceive is to be intend|ed a voluntary yielding, and not when a man is impri&s;oned for non-payment of a Fine, <HI>&amp;c.</HI> or any refractory carriage; for although the Act which cau&s;eth the impri&s;onment be voluntary, yet the im|pri&s;onment it &s;elf is involuntary; but Quere, whether it be not a detention for Debt, within the following clau&s;e, men|tioned hereafter in the next Section: for. I &s;uppo&s;e the Fine, after it is once impo|&s;ed, becomes a Debt; but yet it may not be within the meaning of the Acts, which were made for the relief of Cre|ditors, only who had intru&s;ted the party offending, and not for a Fine judicially impo&s;ed for &s;ome contempt.</P>
<P N="20">(20.) Seventhly, Or being arre&s;ted for Debt, &s;hall after his or her arre&s;t lie in pri&s;on &s;ix months or more upon that arre&s;t; or upon any other arre&s;t, or deten|tion in pri&s;on for Debt; and lie in pri&s;on &s;ix months upon &s;uch arre&s;t or detenti|on, <HI>&amp;c. 1 Jac. cap.</HI> 15. and in 21 <HI>Jac. cap.</HI> 19. It is thus; <HI>Or being arre&s;ted
<PB N="96" REF="49"> for Debt, &s;hall after his or her arre&s;t l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> in pri&s;on two months or more, upon tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> or any other arre&s;t, or detention in pri&s;on for Debt. 21 Jac. cap.</HI> 19. Suppo&s;e h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> be arre&s;ted upon a Bond before the day of payment; for by the cu&s;tom of <HI>Lon|don</HI> a Creditor may arre&s;t a Debtor there before the day of payment to find &s;ure|ties, <HI>Cook, lib.</HI> 8. 126. a. <HI>City of London<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> ca&s;e:</HI> and lie in pri&s;on two months <HI>&amp;c.</HI> I conceive this ca&s;e to be within the Statutes, for the Debt ari&s;eth upon the obligation, and is a Debt pre&s;ently upo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;ealing and delivery of the Deed; and I conceive the action for which he is ar+re&s;ted mu&s;t be an action of Debt: al|though the end of that arre&s;t is not to in|force the payment of the Debt, but t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> find &s;ureties in ca&s;e the Creditor fea<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> the Debtor to be too weak for his ingage|ment; and in ca&s;e the Debtor upon &s;uch arre&s;t finds not &s;ureties, his body is to continue in pri&s;on, as a pledge for th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Debt; like Law I conceive in ca&s;e of a &s;ingle Bill, or a Debt ari&s;ing upon a contract; for it is a Debt pre&s;ently and before the day of payment. <HI>Vide Crook part 2. fol. 300. Tynam ver&s;. Bridges.</HI></P>
<P N="21">(21.) Eightly, Or being indebted to any per&s;on or per&s;ons in the &s;um of
<PB N="97" REF="49"> 100. <HI>lib.</HI> or more, &s;hall not pay, or other|wi&s;e compound for the &s;ame within &s;ix months next after the &s;ame &s;hall grow due, and the Debtor be arre&s;ted for the &s;ame, or within &s;ix months after an ori|ginal Writ &s;ued out to record the &s;aid Debt, and notice thereof given unto him, or left in writing at his or their dwelling hou&s;e, or la&s;t plac<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">f abode: 21 <HI>Jac. cap.</HI> 19.</P>
<P N="22">(22.) Ninthly, Or being arre&s;ted for the &s;um of 100 <HI>lib.</HI> or more of ju&s;t debt or debts, &s;hall at any time after &s;uch arre&s;t e&s;cape out of pri&s;on, or procure his enlargement by common or hired bail. And in the &s;aid ca&s;es of arre&s;t, <NOTE N="&dagger;" PLACE="marg">Men|tioned in 21 <HI>Jac. cap. 19.</HI></NOTE> or ly|ing in pri&s;on for &s;uch Debt or Debts, or getting forth by common or hired bail, he &s;hall be judged a Bankrupt from the time of his fir&s;t arre&s;t. 21 <HI>Jac. cap.</HI> 19.</P>
<P N="23">(23.) Tenthly, or &s;hall either by him&s;elf, or others by his procurement, obtain any protection or protections; o|ther than &s;uch per&s;on or per&s;ons &s;hall be lawfully protected by the priviledg of Parliament, 21 <HI>Jac. chap.</HI> 19.</P>
<P N="24">(24.) Eleventhly, or &s;hall prefer or exhibit unto his Maje&s;ty, his heirs or Succe&s;&s;ors, or unto any of the Kings
<PB N="98" REF="50"> Courts any Petition or Petitions, Bill o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Bills again&s;t his or her Creditor or Cre|ditors, or any of them, thereby de&s;iring or&punc; endeavouring to compel or inforce them, or any of them, to accept of le<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">+than their principal and ju&s;t Debts, or t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> procure time, or longer days of payment than was given at the time of their ori|ginal contracts, 21 <HI>Jac. cap.</HI> 19.</P>
<P N="25">(25.) Twelfthly, or &s;hall make <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> cau&s;e to be made any fraudulent gra<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> or conveyance of his, her, or their Lands&punc; Tenements, Goods or Chattels, to th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> intent, or whereby his, her, or their Cre|ditors being &s;ubjects born, <NOTE N="*" PLACE="marg">Vid: &s;ect. 4 Where it ap|pears; that &s;trangers are al&s;o inclu|ded.</NOTE> &s;hall <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> may be defeated or delayed for the re|covery of their ju&s;t and true debts; <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> it is in 1 <HI>Jac. cap.</HI> 15.</P>
<P N="26">(26.) In all which ca&s;es before reci|ted, the Per&s;on offending is declared to be a Bankrupt, within the &s;aid Statutes: And the end or final cau&s;e of all &s;uch his demeanor, is expre&s;s'd by 13 <HI>El. cap.</HI> 7. to be to defraud the Creditors of their ju&s;t Debts, <HI>&amp;c.</HI> and by 1 <HI>Jac. cap.</HI> 15. it is thus, To the intent that his, her, or their Creditors, being &s;ubjects born, &s;hall or may be defeated or delayed from the recovery of their ju&s;t and true Debts: <HI>ibid.</HI> And by 21 <HI>Jac. cap.</HI> 19. All the
<PB N="99" REF="50"> &s;aid Statutes &s;hall extend as well to Ali|ens and Denizens, as to Subjects born.</P>
<DIV3 TYPE="subpart">
<HEAD>The puni&s;hment, and proceedings again&s;t Bankrupts, by 34 <HI>H. 8. Cap. 4.</HI></HEAD>
<P N="27">(27.) <HI>Nota,</HI> By 21 <HI>Jac. cap.</HI> 19. it is enacted, that all Statutes and Laws formerly made again&s;t Bankrupts, and for relief of Creditors, &s;hall be in all things largely and beneficially con&s;tru|ed for relief of the Creditors.</P>
<P N="28">(28.) Fir&s;t, in General, He &s;hall be<NOTE PLACE="marg">In Gene|ral.</NOTE> accompted a Bankrupt to all intents and purpo&s;es; 13 <HI>Eliz. cap. 7. 21 Jac. cap. 19. 1 Jac. cap.</HI> 15. and being a Bankrupt, he is pre&s;ently di&s;abled, as to the di&s;po&s;al of any part of his E&s;tate, although it be to &s;ome of his Creditors; for he is ut|terly di&s;credited by his becoming a Bankrupt, &amp; the Law will not tru&s;t him with the di&s;tribution of his Goods, <HI>vide Coke, lib. 2. 26. a.</HI> Ca&s;e of Bankrupts.</P>
<P N="29">(29.) Secondly, more Particularly,<NOTE PLACE="marg">In parti|cular.</NOTE> the Bankrupts are to be proceeded a|gain&s;t by Per&s;ons immediately authori|zed by Act of Parliament, or mediately:<NOTE PLACE="marg">Touch|ing the Bank|rupts Per&s;on.</NOTE> the per&s;ons immediately authorized are &s;et forth by 34 <HI>H. 8. cap.</HI> 4. to be the Lord Chancellor or Lord Keeper for
<PB N="100" REF="51"> the time being, Lord Pre&s;ident, Lord Privy-Seal, o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> other of the Kings mo&s;t Honourable Privy-Coun&s;el, and the Chief Ju&s;tice of either Bench for the time being, or three of them at the lea&s;t; whereof the Lord Chancellor or Keeper of the Great Seal, Lord Trea&s;u|rer, Lord Pre&s;ident, or the Lord Privy-Seal to be one; who upon every com|plaint made to them in writing by any parties grieved, &s;hall have power and authority by vertue of the &s;aid Act, to take by their wi&s;dom and di&s;cretion, &s;uch orders and directions, as well with the bodies of the &s;aid offendors, where|&s;oever they may be had, as well in their hou&s;es as el&s;e where, by impri&s;onment of their Bodies, or otherwi&s;e; as al&s;o with their Lands, Tenements, <HI>&amp;c.</HI> which they have in Fee-&s;imple, Fee-tail, for term of life, term of years, or in the right of their wives; as much as the in|tere&s;t, Right and Title of the &s;ame of|fenders &s;hall extend to, or be, and may then lawfully be departed with by the &s;aid offendors; and al&s;o with their mo|neys, goods, chattels, wares, merchan|di&s;es and debts, where&s;oever they may be found or known, <HI>&amp;c.</HI> 34 <HI>H. 8. cap.</HI> 4.</P>
<PB N="101" REF="51">
<P N="30">(30.) So that the power given by the &s;aid Statute, relates either to the per&s;on or e&s;tate of the Bankrupt: Fir&s;t, as to his per&s;on, <HI>viz.</HI> If the offender doth withdraw out of the Kings Dominions, to defraud his Creditors; upon complaint thereof made in writing to the &s;aid Lords, having authority as afore&s;aid, they &s;hall by vertue of the &s;aid Act, have power to award Proclamations to be made in &s;uch places as to them &s;hall be thought meet and convenient; com|manding by the &s;ame &s;uch offendor, in the Kings name, to return with all con|venient &s;peed, into this Realm, and to yield his body before the &s;aid Lords, or one of them: And if the &s;aid per&s;on, within three months after he &s;hall have notice of &s;uch Proclamation; or, &s;o &s;oon after as he conveniently may, do not repair and yield his body as afore|&s;aid; That then the body of all and every &s;uch offender and offenders, &s;hall be ad|judged, taken, and deemed, to all in|tents and purpo&s;es, out of the Kings pro|tection; and his Goods, Chattels, Lands, Tenements, and Debts, &s;hall be by the order and di&s;cretion of the &s;aid Lords, employed and di&s;tributed among&s;t the offenders Creditors equally, <HI>&amp;c. 34 H. 8. cap</HI> 4.</P>
<PB N="102" REF="52">
<P N="31">(31.) Secondly, Touching the of|fendors<NOTE PLACE="marg">Touch|ing the Bank|rupts e&s;tate.</NOTE> e&s;tate ob&s;erve (more particular|ly) fir&s;t the power given to the Lords by 34. <HI>H.</HI> 8. for the di&s;covering and ob|taining of it: Secondly, for their di&s;po|&s;al and ordering of it.</P>
<P N="32">(32.) Fir&s;t, for the di&s;covery and<NOTE PLACE="marg">The di&s;|covery of it.</NOTE> obtaining of it. The effect of that Sta|tute is, That if, after any &s;uch Act or of|fence committed, and complaint thereof made to the Lords as afore&s;aid, by any party grieved concerning the premi&s;es, who knowing, or &s;u&s;pecting any of the goods, chattels, wares, merchandizes, or debts of &s;uch offendors, to be in the cu|&s;tody, u&s;e, or po&s;&s;e&s;&s;ion, of any per&s;on or per&s;ons; or any per&s;on or per&s;ons to be indebted to any &s;uch offendor or of|fendors, do make relation thereof to the &s;aid Lords, then they are impowred by the &s;aid Statute, to &s;end for, and convent before them, &s;uch per&s;on or per&s;ons &s;o known or &s;uppo&s;ed to have any &s;uch goods, wares, <HI>&amp;c.</HI> in their cu&s;tody, or to be indebted to the offendor or offen|dors; and upon their appearance, to ex|amine them, and every of them, as well by their Oaths, as otherwi&s;e, for and up|on the &s;pecialty, certainty, true decla|ration, and knowledg, of all and &s;ingu|lar
<PB N="103" REF="52"> &s;uch goods, wares, debts, <HI>&amp;c.</HI> as be &s;u&s;pected to be in his, or their cu&s;tody, u&s;e, <HI>&amp;c.</HI> And if the per&s;on &s;o examined, do not plainly di&s;clo&s;e the whole truth, of &s;uch things whereof he &s;hall be exa|mined touching the premi&s;es; then every &s;uch per&s;on or per&s;ons &s;o examined, and not declaring the plain and whole truth, upon &s;uch proof thereof made, before the &s;aid Lords, as they &s;hall judge &s;uf|ficient in that behalf, &s;hall lo&s;e and for|feit double the value of all &s;uch goods, wares, <HI>&amp;c.</HI> &s;o concealed, to be levied by the &s;aid Lords, by &s;uch ways and means as they &s;hall think fit, the &s;ame to be di&s;tributed to the Creditors, in &s;uch manner as the Bankrupts E&s;tate. 34 <HI>H. 8. cap.</HI> 4.</P>
<P N="33">(33.) And that if any per&s;on or per&s;ons do fraudulently by covin or col|lu&s;ion demand any debt, or other thing by writing or otherwi&s;e, of &s;uch offen|dor or offendors, other than &s;uch as he, or they can and do prove to be ju&s;tly due before the &s;aid Lords, that then e|very &s;uch per&s;on or per&s;ons, &s;o cra&s;tily demanding any &s;uch debt, <HI>&amp;c.</HI> &s;hall forfeit the double of what he &s;hall &s;o claim, <HI>&amp;c.</HI> to be levied and imployed as afore&s;aid.</P>
<PB N="104" REF="53">
<P N="34">(34.) So, if the Bankrupt (after he &s;hall do tho&s;e acts, whereby he is decla|red Bankrupt) &s;hall &s;uffer fraudulent re|coveries again&s;t him of any debts, goods, <HI>&amp;c.</HI> upon complaint thereof to them made, the Lords are impowred to convent before them the Recoverers; and after &s;uch fraud di&s;covered the &s;aid goods, <HI>&amp;c.</HI> &s;o recovered &s;hall be char|geable to the Bankrupts debts, and be di&s;po&s;ed of to the Creditors (not|with&s;tanding &s;uch Recovery.) 34 <HI>Hen. 8. cap.</HI> 4.</P>
<P N="35">(35.) Secondly, Ob&s;erve the pow|er<NOTE PLACE="marg">Di&s;po&s;al of the Bank|rupts e&s;tate.</NOTE> given by that Statute to the Lords, for di&s;po&s;ing and ordering of the Bankrupts E&s;tate. Fir&s;t, they have power to cau&s;e the Bankrupts Lands, Tene|ments, Fees, Offices, Annuities, Goods, and Chattels, Debts, <HI>&amp;c.</HI> to be viewed, rented, and apprai&s;ed. Secondly, To make a &s;ale of the &s;aid Lands, <HI>&amp;c.</HI> or otherwi&s;e to order the &s;ame, for the true &s;atisfaction, and payment of the &s;aid Creditors, rate and rate like, according to the quantity of their debts. Thirdly, And that every direction, order, bargain, &s;ale, and other things done by the &s;aid Lords as afore&s;aid in w<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">iting, &s;igned with their hands, &s;hall be good and ef|fectual
<PB N="105" REF="53"> in the Law, to all intents, <HI>&amp;c.</HI> a|gain&s;t the offenders, their heirs and exe|cutors for ever, as if done and executed by the offendors them&s;elves. 34 <HI>Hen. 8. chap.</HI> 4.</P>
<P><HI>Which Statute of 34 H. 8. although it be now out of u&s;e; yet in regard I do not find itactually repealed, I &s;uppo&s;e it will not bethought altogether &s;uperfluous to be taken notice of.</HI></P>
</DIV3>
<DIV3 TYPE="subpart">
<HEAD>The proceedings again&s;t and puni&s;hment of the Bankrupt, by per&s;ons mediate|ly authori&s;ed by Parliament.</HEAD>
<P N="36">(36.) The next things con&s;idera|ble, are the proceedings again&s;t, and pu|ni&s;hment of the Bankrupt, by Com|mi&s;&s;ioners<NOTE PLACE="marg">Com|mi&s;&s;io|ners. Their Com|mi&s;&s;ion.</NOTE> or per&s;ons mediately autho|rized by Parliament, wherein take notice, Fir&s;t, of their Commi&s;&s;ion: and therein ob&s;erve, fir&s;t from whom obtained, the Lord Chancellor of <HI>England,</HI> or Lord Keeper of the Great Seal, for the time being, upon every complaint made unto him in writing, again&s;t any &s;uch per&s;on or per&s;ons being Bankrupt, &s;hall have full power and authority by Commi&s;&s;ion un|der the Great Seal, to name and appoint
<PB N="106" REF="54"> &s;uch hone&s;t and di&s;creet per&s;ons, as to him &s;hall &s;eem meet, <HI>&amp;c. 13 Eliz. cap.</HI> 7. Secondly, by whom to be obtained, by the Creditors. Thirdly, when to be ob|tained, it mu&s;t be within five years after that the party &s;hall become a Bankrupt, or el&s;e it is not to prejudice purcha&s;ers. 21 <HI>Jac. chap,</HI> 19. the words of the Sta|tute are, <HI>Provided that no purcha&s;er for good and valuable con&s;ideration, &s;hall be impeached by vertue of this Act, or any other Act again&s;t Bankrupts, unle&s;s the Commi&s;&s;ion, to prove him or her a Bank|rupt, he &s;ued forth again&s;t &s;uch Bankrupts, within five years after he or &s;he &s;hall be|come a Bankrupt.</HI> ibid. Family, The duration of the Commi&s;&s;ion, it is not de|termined by the Bankrupts death; for b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> 1 <HI>Jac. cap.</HI> 15. it is thus enacted, <HI>Pro|vided always, and be it enacted, that <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> after any Commi&s;&s;ion of Bankrupts here|after &s;ued forth, and dealt in by the Com|mi&s;&s;ioners, the offendor happen to die, be|fore the Commi&s;&s;ioners &s;hall di&s;tribute the Goods, Lands, and Debts of the offen|dors, or any of them,</HI> by force of the a|fore&s;aid Statute of 13 <HI>Eliz.</HI> and this Statute, or either of them, <HI>That then ne|verthele&s;s the &s;aid Commi&s;&s;ioners &s;hall and may in that ca&s;e proceed to execution
<PB N="107" REF="54"> in, and upon the &s;aid Commi&s;&s;ion, for, and concerning the offendors goods, lands, te|nements, hereditaments and debts, in &s;uch &s;ort, as they might have done if the party offendor were living.</HI> 1 Jac. 15.</P>
<P N="37">(37.) If &s;uch, or &s;uch number of the Commi&s;&s;ioners die, &s;o that the re&s;t cannot proceed&punc; and thereupon a new Commi&s;&s;ion be granted to other Com|mi&s;&s;ioners, they may call the &s;urviving Commi&s;&s;ioner or Commi&s;&s;ioners before them, to give accompt for &s;uch part of the Bankrupts e&s;tate, whereof the old Commi&s;&s;ioners made no di&s;tribution, as per&s;ons who have the E&s;tate of the Bankrupts in their hands: <HI>Stones Lecture, fol.</HI> 19. and 187.</P>
<P N="38">(38.) Secondly, Note the authority given the Commi&s;&s;ioners, &s;o commi&s;&s;io|nated as afore&s;aid, by &s;everal Acts of Parliament: Fir&s;t, as touching the Bank|rupt him&s;elf. Secondly, as touching his E&s;tate.</P>
<P N="39">(39.) Fir&s;t, as to the Bankrupt him|&s;elf,<NOTE PLACE="marg">To cau&s;e the Bank|rupt to ap|pear.</NOTE> by the Statute of 13 <HI>El. chap.</HI> 7. it is thus &s;et forth: <HI>And be it enacted, that if any &s;uch per&s;on or per&s;ons, which is, or &s;hall be indebted, do of purpo&s;e withdraw him or them&s;elves out of, or from his or their u&s;ual man&s;ion hou&s;e or hou&s;es, that
<PB N="108" REF="55"> then upon complaint thereof made to the &s;aid Commi&s;&s;ioners, the &s;ame Commi&s;&s;io|ners, or the more part of them, &s;hall by vertu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and authority of this pre&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nt A<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> have full power and authority to awa<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> five Proclamations, to be made in the</HI><NOTE PLACE="marg">Procla|mations.</NOTE> <HI>Queens Name, upon five &s;undry Market|days, in &s;uch places, near the place when &s;uch Bankrupt hath mo&s;t commonly d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">el|led, or made his abode; commanding hi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> or them by the &s;aid Proclamations in the Queens name; to return with all conveni|ent &s;peed; and to yield his, or their Body before the &s;aid Commi&s;&s;ioners, or one of them, at &s;uch time and place, as by the &s;aid Proclamation &s;hall be appointed: and if the &s;aid Per&s;on or per&s;ons do not ac|cording to &s;uch Proclamation, repair and yield his or their body as afore&s;aid, tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> then the body of all and every &s;uch of|fendor or offendors &s;hall be judged, taken, and deemed to all intents and purpo&s;es out of the Queens Protection; And that every per&s;on and per&s;ons, that &s;hall willingly or wittingly, receive, d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|tain, or keep &s;ecretly any per&s;on or per|&s;ons &s;o demanded by Proclamation, as is afore&s;aid, &s;hall &s;uffer &s;uch pain of impri|&s;onment of his, or their bodies, or pay &s;uch Fine to our Soveraign Lady the Queens
<PB N="109" REF="55"> Maje&s;ty, her heirs, and Succe&s;&s;ors, as the &s;aid Lord Chancellor, or Lord Keeper of the Great Seal, being informed thereof by the Commi&s;&s;ioners &s;o to be appointed, as is afore &s;aid, or the more part of them &s;hall &s;eem meet and convenient, for their &s;aid offence or offences.</HI> 13 Eliz. chap. 7.</P>
<P N="40">(40.) And by the Statute of 1 <HI>Jac.</HI><NOTE PLACE="marg">Warn|in<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> left in wri|ting.</NOTE> <HI>chap.</HI> 15. The &s;aid Commi&s;&s;ioners may call before them, or the greater part of them, the &s;aid Bankrupt; and it upon law|ful warning left in writing, at three &s;e|veral times, at the dwelling place or hou&s;e where the &s;aid Bankrupt his wife, or family for the mo&s;t part of his abode did lodge, or remain, within one year next before, he, &s;he, or they became Bank|rupt; the &s;aid Bankrupt &s;hall not appear before the &s;aid Commi&s;&s;ioners, or the greater part of them, that then and from <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">henceforth it &s;hall be lawful for the greater number of the &s;aid Commi&s;&s;io|ners, to appoint to proclaim the &s;aid party a Bankrupt, at &s;uch publick place.<NOTE PLACE="marg">Procla|mation.</NOTE> or places where the &s;aid Commi&s;&s;io|ners, or the greater part of them, &s;hall <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">hink meet, warning him, her, or them, to appear before them, upon the &s;aid Commi&s;&s;ion at &s;ome time appointed&punc;
<PB N="110" REF="56"> And that if upon five &s;everal Proclama|tions made in &s;ome publick place, the party offending, appear not before the &s;aid Commi&s;&s;ioners, and yield his, her&punc; or their bodies to them, or &s;ome of the<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the &s;aid Commi&s;&s;ioners or greater par<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of them, &s;hall or may award a warrant <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;uch fit per&s;on or per&s;ons as they &s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> think meet to apprehend the body a<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> bodies of the &s;aid offendor and offen|dors; and to bring him, her, or them<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> offending before the &s;aid Commi&s;&s;ioner<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> where&s;oever the &s;aid party or parties <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span">fending may be &s;ound in places priv<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+ledged, or not, to be examined by <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;aid Commi&s;&s;ioners, or the greater <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"><NOTE PLACE="marg">Break|ing open hou&s;es, <HI>&amp;c.</HI> to take the Bank|rupts.</NOTE> of them, 1 <HI>Jac. chap.</HI> 15.</P>
<P N="41">(41.) And by 21 <HI>Jac. chap.</HI> 19. T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;aid Commi&s;&s;ioners, or the greater p<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> of them, in execution of the &s;aid Co<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+mi&s;&s;ion, or any other per&s;on or per&s;o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> by them to be deputed by their warr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> or warrants under their hands or &s;e<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> have power to break open the hou&s;e <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> hou&s;es, Chambers, Shops, <HI>&amp;c.</HI> of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Bankrupt, where the &s;aid Bankrupt, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> his goods, <HI>&amp;c.</HI> &s;hall be; and to &s;eize upo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and order the per&s;on, <HI>&amp;c.</HI> of &s;uch Bar<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">+rupt, as by former Laws are appointe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>&amp;c. 21 Jac. 19. And by 13 Eliz. ch<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></HI>
<PB N="111" REF="56"> 7. The &s;aid Commi&s;&s;ioners have power given them, to take order by their di&s;|cretion with the body of the Bankrupt, where&s;oever he or &s;he may be had, ei|ther in his or her hou&s;es, Sanctuary, or el&s;ewhere, <HI>&amp;c. Ibid.</HI></P>
<P N="42">(42.) Secondly, Ob&s;erve the power of the Commi&s;&s;ioners, as to the e&s;tate of the Bankrupt; and therein take no|tice, Fir&s;t, of what e&s;tate. Secondly, the means for the di&s;covery, and obtain|ing of it. Thirdly, their di&s;po&s;al of it.</P>
</DIV3>
<DIV3 TYPE="subpart">
<HEAD>Of what E&s;tate of the Bankrupts the Commi&s;&s;ioners may di&s;po&s;e.</HEAD>
<P N="43">(43.) Fir&s;t, Of the Bankrupts real<NOTE PLACE="marg">Real E&s;tate.</NOTE> E&s;tate: Lands, tenements, and heredi|taments, as well Copy-hold, or Cu&s;to|mary-hold, as free-hold, which he or &s;he &s;hall have in his or her own right, before he or &s;he became Bankrupt, <HI>&amp;c. 13 El. chap.</HI> 7.</P>
<P N="44">(44.) It is made by Mr. <HI>Stone</HI> a Quere in his Lecture: That if there be two joyntly, and the one become Bank|rupt, and dies, whether his part &s;hall be &s;old, becau&s;e the &s;urvivor is not in by him. But it &s;eems to me, that the Bank|rupts part &s;hall be &s;old, and that there
<PB N="112" REF="57"> &s;hall be no &s;urvivor in this ca&s;e. Fir&s;t, becau&s;e the Bankrupts moiety is bound by the Statutes, by his becoming a Bank|rupt. Secondly, the Bankrupt had pow|er to &s;ell the &s;ame in his life time, and might depart with it, and &s;o within the words of 13 <HI>Eliz. cap.</HI> 7. the words are [<HI>&s;uch u&s;e, intere&s;t, right or title, as &s;uch offendor or offendors that &s;hall have in the &s;ame, which he or &s;he may lawfully depart withal.] vide</HI> after <HI>Sect.</HI> 46. Third|ly, by 1 <HI>Jac. chap.</HI> 15. The Commi&s;&s;ioners after the Bankrupts death, may proceed in execution, in and upon the Commi&s;&s;i|on, for and concerning the offendors Lands, Tenements, <HI>&amp;c.</HI> in &s;uch &s;ort as if the offendor had been living; which they cannot do in the ca&s;e before, if the &s;urvivor&s;hip take place.</P>
<P N="45">(45.) It was agreed by the Ju&s;tices<NOTE PLACE="marg">Copy|hold.</NOTE> that Copy-holds are within the intent and purliew of all the Statutes concern|ing Bankrupts, and may be &s;old by the Commi&s;&s;ioners; &s;ome doubt whereof was made, becau&s;e they are named in one clau&s;e of 13 <HI>El.</HI> and not in 1 <HI>Jac. chap.</HI> 15. or 21 <HI>Jac. chap.</HI> 19. for the &s;ame being in the fir&s;t Statute, and the other Statutes being made in further con|firmation and approbation thereof, they
<PB N="113" REF="57"> ought to be expounded liberally and &s;hall be con&s;trued accordingly, to make as &s;trong provi&s;ion, as they may again&s;t the Bankrupt, <HI>Crook, 3. part 550. Cri&s;p again&s;t Prat.</HI></P>
<P N="46">(46.) And all &s;uch Lands, tene|ments,<NOTE PLACE="marg">2. Lands purcha|&s;ed joyntly with the wife.</NOTE> hereditaments, as &s;uch per&s;on, [<HI>viz.</HI> the Bankrupt] &s;hall have purcha|&s;ed, or obtained for money or other re|compence joyntly with his wife, chil|dren, or child, to the only u&s;e of &s;uch of|fendor or offendors, or &s;uch u&s;e, intere&s;t, right, or title, as &s;uch offendor, or offen|dors then &s;hall have in the &s;ame, which he or &s;he may lawfully depart withal, 13 <HI>El. cap.</HI> 7.</P>
<P N="47">(47.) A man purcha&s;eth Lands to him, and his wife, and his &s;on, and two years after he becomes a Trader; and four years after he becomes a Bankrupt, the&s;e Lands &s;hall not be &s;old by the Commi&s;&s;ioners of Bankrupt, and are out of the meaning of the Statute, for el&s;e none might know with whom to deal by way of marriage or otherwi&s;e, when a per&s;on who is not a Trade&s;man, &s;ettles Lands upon his wife and children, <HI>bona+fide,</HI> and after becoming a Trade&s;man, and then a Bankrupt, the &s;aid Acts of Par|liament &s;hall overthrow a Conveyance
<PB N="114" REF="58"> &s;o duly &s;etled. <HI>Crook, 3 part. fol. 550. Cri&s;p ver&s;us Prat.</HI></P>
<P N="48">(48.) Lands, Tenements, <HI>&amp;c.</HI> which<NOTE PLACE="marg">3. Lands in tru&s;t.</NOTE> any per&s;on or per&s;ons hath in tru&s;t to any &s;ecret u&s;e of any &s;uch offendor or offen|dors, <HI>&amp;c. 13 Eliz. chap.</HI> 7. Lord and Tenant are; the Tenant makes a Feoff|ment to deceive the Lord of the Ward|&s;hip, and then becomes a Bankrupt, the&s;e Lands &s;hall be &s;old by the Com|mi&s;&s;ioners, for although the conveyance was only fraudulent as again&s;t the Lord, yet there was a tru&s;t between the Feof|for and Feoffee, <HI>Stones Lecture, fol.</HI> 185.</P>
<P N="49">(49.) Manors, Lands, Tenements,<NOTE PLACE="marg" TYPE="runSum">4.</NOTE> <HI>&amp;c.</HI> conveyed or procured, or cau&s;ed to be conveyed by the Bankrupt to any of his children, or other per&s;on or per|&s;ons, except the &s;ame &s;hall be purcha&s;ed or conveyed for, or upon marriage of any of his or her children, both the parties married being of the years of con&s;ent, or &s;ome valuable con&s;ideration. 1 <HI>Jac.</HI> 15.</P>
<P N="50">(50.) A Trade&s;man in con&s;idera|tion of marriage, makes a conveyance of Lands, to the u&s;e of him&s;elf and his wife, and held to be within the Statute of 1 <HI>Jac. vide Stiles reports, fol. 288. Tucker ver&s;. Co&s;h.</HI></P>
<PB N="115" REF="58">
<P N="51">(51.) Al&s;o the &s;aid Commi&s;&s;ioners<NOTE PLACE="marg">5. Lands convey|ed upon conditi|on.</NOTE> have power to &s;ell Lands and Tene|ments conveyed, upon condition; by 21 <HI>Jac. cap.</HI> 19. where it is thus, <HI>If any per&s;on that now is, or hereafter &s;hall be|come a Bankrupt, have heretofore granted, conveyed, or a&s;&s;ured, or &s;hall at any time hereafter grant, convey, or a&s;&s;ure any Lands, Tenements, Hereditaments, goods, Chattels, or other E&s;tate, unto any per&s;on or per&s;ons, upon condition or power of re|demption at a day to come, by payment of money or otherwi&s;e, that it &s;hall and may be lawful to and for the &s;aid Commi&s;&s;io|ners, or the greater part of them, before the time of the performance of &s;uch con|dition, to a&s;&s;ign and appoint under their hands and &s;eals, &s;uch per&s;on or per&s;ons as they &s;hall think fit to make tender or pay|ment of money, or other performance, ac|cording to the nature of &s;uch condition, as fully as the Bankrupt might have done; And that the &s;aid Commi&s;&s;ioners, or the greater part of them, &s;hall after &s;uch ten|der, payment, or performance, have full power to &s;ell, and di&s;po&s;e of &s;uch Lands,</HI> &amp;c. <HI>&s;o conveyed upon condition, for the be|nefit of the Creditors, as fully as they may &s;ell or di&s;po&s;e of any the e&s;tate of the Bank|rupt.</HI> 21 Jac. Chap. 19.</P>
<PB N="116" REF="59">
<P N="52">(52.) <HI>Quere,</HI> whether the Com|mi&s;&s;ioners may not by the equity of this Stat. appoint one to enter, for a condi|tion broken; As if a trader makes a Feoffment, upon condition to be per|formed on the part of the Feoffee; the Feoffee breaks the Condition, and be|fore entry, the Feoffor becomes a Bank|rupt: It &s;hould &s;eem, the Commi&s;&s;i|oners may take advantage hereof; for the Statutes &s;hall be liberally expounded for relief of the Creditors: if not, yet it &s;eems to be comprehended within the words of 13 <HI>El. cap.</HI> 7. whereby power is given to the Commi&s;&s;ioners, to take order and direction with the Bankrupts Lands, <HI>&amp;c.</HI> for &s;uch u&s;e, intere&s;t, right or title, as &s;uch offendor or offendors &s;hall have in the &s;ame, which word (Ti|tle) includes, as I conceive, an entry for a condition broken: yet <HI>Stone</HI> makes a <HI>quaere</HI> of it in his Lecture, <HI>fo.</HI> 12.</P>
<P N="53">(53.) Lands, Tenements, <HI>&amp;c.</HI> in|tailed:<NOTE PLACE="marg">Lands intailed.</NOTE> The Commi&s;&s;ioners, or the greater number of them, &s;hall have power by deed indented and inrolled within &s;ix months, <HI>&amp;c.</HI> to grant, bar|gain, &s;ell and convey any Manors, Lands, Tenements or Hereditaments, whereof the Bankrupt is, or &s;hall be in any wi&s;e
<PB N="117" REF="59"> &s;eized in Tail, in po&s;&s;e&s;&s;ion, rever&s;ion or remainder (and whereof no rever&s;ion or remainder is or &s;hall be in the Kings Ma|je&s;ty, his Heirs or Succe&s;&s;ors, of the gift or provi&s;ion of his Maje&s;ty, his Pro|genitors, Heirs or Succe&s;&s;ors:) to any per&s;on or per&s;ons, for the relief and be|nefit of the Creditors, of all &s;uch Bank|rupts: And that all and every &s;uch grants, <HI>&amp;c.</HI> &s;hall be good and available in Law again&s;t the Bankrupt, his I&s;&s;ue, and all claiming by, from, or under him, &s;ince the time that he became Bankrupt: and al&s;o again&s;t all other per&s;ons, whom the Bankrupt by common Recovery, or other ways or means might cut off or de|bar from any Remainder, Rever&s;ion, Rent, Profit, Title, or po&s;&s;iblity into, or out of any of the &s;aid Manors, Lands, Tenements or Hereditaments, 21 <HI>Jac. cap.</HI> 19.</P>
<P N="54">(54.) Al&s;o Lands, Tenements, <HI>&amp;c.</HI><NOTE PLACE="marg">Lands de&s;cend|ed.</NOTE> purcha&s;ed by, or de&s;cended or come to the Bankrupt before his debts payed or agreed for, as appears by 13 <HI>Eliz. cap.</HI> 7. where it is thus; That if any per&s;on or per&s;ons, which is, or &s;hall be publi&s;hed and declared to be a Bankrupt, by vertue of this Act, &s;hall at any time hereafter, purcha&s;e any Lands, Tenements, Here|ditaments,
<PB N="118" REF="60"> Free or Copy; or Offices, Fees, Goods or Chattels; or that any Lands, Tenements, Hereditaments, Free or Copy, Offices, Fees, Goods or Chattels, &s;hall de&s;cend, revert, or by any means come to any &s;uch per&s;on or per&s;ons being Bankrupts, as is afore&s;aid: before &s;uch time as their debts due to their Creditors &s;hall fully be &s;atisfied, and payed, or otherwi&s;e agreed for: That then the &s;aid Lands, <HI>&amp;c.</HI> &s;hall be &s;old by the &s;aid Commi&s;&s;ioners, or the more part of them, for and towards the payment of the Creditors, in &s;uch manner, as other Lands, <HI>&amp;c.</HI> of the Bankrupts, which they had when they were fir&s;t declared to be Bankrupts, &s;hould or might have been, <HI>&amp;c. 13 El. cap.</HI> 7.</P>
<P N="55">(55.) If after the commi&s;&s;ion award|ed, <HI>&amp;c.</HI> and di&s;tribution made of all the Bankrupts E&s;tate, towards the &s;atisfaction of the Creditors; every Creditor ha|ving an equal part: Lands, Goods, <HI>&amp;c.</HI> de&s;cend or come to the Bankrupt; Mr. <HI>Stone</HI> makes a <HI>quere (fo.</HI> 17.) whether in &s;uch ca&s;e, they &s;hall be &s;ubject al&s;o to a new &s;ale or di&s;tribution: And it &s;eems that they &s;hall, for the Commi&s;|&s;ioners power is not fully executed until the Creditors be &s;atisfied.</P>
<PB N="119" REF="60">
<P N="56">(56.) The Commi&s;&s;ioners have al&s;o<NOTE PLACE="marg">Lands exte<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d|ed.</NOTE> power to &s;ell Lands, Tenements, <HI>&amp;c.</HI> of the Bankrupts extended, by &s;uch as pretend to be accomptants to the King; by 21 <HI>Jac. cap.</HI> 19. It is thus; <HI>If i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> &s;hall happen any Lands, Tenements,</HI> &amp;c. <HI>Goods, Chattels, Debts, or other E&s;tate of any Bankrupt to be extended, after &s;uch time as he or &s;he is become a Bank|rupt, by any per&s;on or per&s;ons, under colour or pretence of his or their being ac|comptant, or any ways indebted unto our Soveraign Lord the King's Maje&s;ty, his Heirs or Succe&s;&s;ors: That then, it &s;hall and may be lawful, to and for the &s;aid Commi&s;&s;ioners, to examine upon Oath, whether the &s;aid debt were due to &s;uch debtor or accomptant, upon any bargain or contract originally made between &s;uch accomptant, and the &s;aid Bankrupt,</HI> &amp;c. <HI>and his or their Servants: And if the &s;aid Bargain or Contract was originally made, to and with any other per&s;on or per&s;ons, than the &s;aid Debtor or Accomp|tant, or for the u&s;e or tru&s;t of anyother per&s;on or per&s;ons: Then it &s;hall and may be lawful, to and for the &s;aid Commi&s;&s;io|ners, or the greater part of them, to order and di&s;po&s;e of all &s;uch Lands,</HI> &amp;c. <HI>to and for the u&s;e of the Creditors, which &s;hall
<PB N="120" REF="61"> &s;eek relief by the &s;aid Commi&s;&s;ion: And that the order and di&s;po&s;ition of the &s;aid Commi&s;&s;ioners, or the greater part of them, &s;hall be good and available again&s;t the &s;aid extent; And that &s;uch per&s;on and per|&s;ons, to whom the &s;aid Lands,</HI> &amp;c. <HI>&s;hall be bargained, &s;old,</HI> &amp;c. <HI>by the &s;aid Com|mi&s;&s;ioners as afore&s;aid, or the greater part of them, &s;hall have good remedy to have, demand, and recover the &s;ame, again&s;t &s;uch per&s;on or per&s;ons that &s;hall detain the &s;ame,</HI> &amp;c. 21 Jac. cap 19.</P>
<P N="57">(57.) The Commi&s;&s;ioners cannot<NOTE PLACE="marg">Lands convey|ed by the Bank|rupt, <HI>bonafide.</HI></NOTE> &s;ell any Lands; Tenements, Heredita|ments, conveyed by any &s;uch Bankrupt (<HI>bonafide</HI>) before he became Bankrupt: At the later end of 13 <HI>El. cap.</HI> 7. there is &s;uch a Provi&s;o, <HI>viz.</HI> Provided always, that this Act &s;hall not extend to any Lands, Tenements or Hereditaments, free or copy-hold, which heretofore hath been a&s;&s;ured by any &s;uch Bankrupt; or hereafter &s;hall be a&s;&s;ured by any Bank|rupt, before he became Bankrupt; &s;o that always &s;uch a&s;&s;urance be made, <HI>bonafide,</HI> and not to the u&s;e of the Bankrupt him|&s;elf only, or his Heirs: And that the parties to who&s;e u&s;e &s;uch a&s;&s;urance hath or &s;hall be made, be not at or be|fore the making of &s;uch a&s;&s;urance, privy,
<PB N="121" REF="61"> or con&s;enting to the fraudulent purpo&s;e of any &s;uch Bankrupt, to deceive his Creditors, 13 <HI>El. cap.</HI> 7.</P>
<P N="58">(58.) It was re&s;olved (<HI>Cook lib. 2. 26. a.</HI> ca&s;e of Bankrupts) by the Court, That the Provi&s;o concerning gifts and grants (<HI>bona fide</HI>) doth not make any gift or grant good, which the Bankrupt made, after that he became Bankrupt, but to exclude him out of the penalty of the Act: I &s;uppo&s;e this re&s;olution &s;hould be applied to that part of 13 <HI>El. cap.</HI> 7. which impo&s;eth the penalty or forfeiture of double the value, for detaining or po&s;|&s;e&s;&s;ing fraudulently by covin or collu&s;ion any debts, <HI>&amp;c.</HI> Lands, Tenements, <HI>&amp;c.</HI> of the Bankrupts, other than &s;uch as are due, <HI>&amp;c.</HI> and the &s;ame to proceed <HI>bona fide,</HI> without fraud or covin, <HI>&amp;c.</HI> although in <HI>Poulton,</HI> the &s;aid Book and re&s;olution be quoted in the Margine oppo&s;ite to the Provi&s;o; before &s;et down in Sect. 57.</P>
<P N="59">(59.) Al&s;o the Chattels and Goods<NOTE PLACE="marg">Per&s;onal E&s;tate.</NOTE> of the Bankrupts are &s;aleable, <HI>&amp;c.</HI> by the Commi&s;&s;ioners, 13 <HI>El. cap.</HI> 7.<NOTE PLACE="marg">I. Chattels Real.</NOTE></P>
<P>Chattels real, as Lea&s;es for years. A Lea&s;e for years is made, Provided that the Le&s;&s;ee &s;hall not alien; the Le&s;&s;ee be|comes a Bankrupt; It is a <HI>Quaere</HI> in Mr. <HI>Stones</HI> Lecture. <HI>fo.</HI> 15. whether the &s;ale
<PB N="122" REF="62"> of the Commi&s;&s;ioners to be a forfeiture? To which it may be an&s;wered in the ne|gative, that it is not, becau&s;e this intere&s;t is tran&s;mitted by Act of Parliament, to which every man is intended party, and not by &s;ale of the Le&s;&s;ee.</P>
<P N="60">(60.) Offices are likewi&s;e mentioned<NOTE PLACE="marg">Offices.</NOTE> in 13 <HI>Eliz. cap.</HI> 7. and made &s;aleable by the Commi&s;&s;ioners; which by <HI>Stone</HI> in his lecture <HI>fo.</HI> 13. is intended to be Offices of Inheritance, <HI>&amp;c.</HI> as the War|den of the Fleet, and &s;uch like, and not Offices of Tru&s;t, <HI>&amp;c.</HI> And by 3 <HI>H. 7. cap.</HI> 12. any Offices which concern the admini&s;tration of Ju&s;tice or Clerk&s;hip in any Court of Record, or which con|cern the Kings Trea&s;ure, Revenue, Cu|&s;toms, <HI>&amp;c.</HI> cannot be bargained or &s;old for Money, but &s;uch bargain and &s;ale is void; and both buyer and &s;eller made in|capable, <HI>&amp;c.</HI> Therefore doubtle&s;s, &s;uch offices cannot be a&s;&s;igned by the Com|mi&s;&s;ioners, in &s;atisfaction of a Debt of the Bankrupts, nor are comprehended within the &s;aid Statute, there being other Offices that may be &s;old, and &s;o the words of the Statute &s;atisfied; and Of|fices of Tru&s;t are individually annexed to the per&s;on; <HI>vid. Coke lib. 9. 48. a.</HI> The Earl of <HI>Sbrewsburies</HI> ca&s;e.</P>
<PB N="123" REF="62">
<P N="61">(61.) Secondly, The Bankrupts per|&s;onal<NOTE PLACE="marg">2. Chattels per&s;o|nal.</NOTE> E&s;tate, Goods or Chattels of the Bankrupt, where&s;oever to be found; by 13 <HI>El. cap.</HI> 7. are made &s;aleable by the Commi&s;&s;ioners: They may &s;ell a Bank|rupts goods in <HI>Ireland, Stone</HI> in his Lecture <HI>fo. 90. A.</HI> hath an advow&s;on, the Church becomes void, and then <HI>A.</HI> be|comes a Bankrupt: It is made a <HI>Quere</HI> by Mr. <HI>Stone</HI> in his Lecture, whether the Commi&s;&s;ioners may &s;ell it; and I &s;up|po&s;e it may be an&s;wered negatively, that they cannot &s;ell it; for it is a thing in Action, and &s;o not &s;aleable by the Com|mon Law; and no particular power is given by any of the Acts for &s;ale of it, as there is for &s;ale of Debts due to the Bankrupt, as hereafter appeareth: And without doubt, if the Commi&s;&s;ioners pre|&s;ent any one for money, it is Simo|ny.</P>
<P N="62">(62.) Lea&s;es, Goods, Chattels, or Debts of the Bankrupt, by him convey|ed or procured to be conveyed or tran&s;|ferred to any of his Children, or other per&s;on or per&s;ons, except the &s;ame &s;hall be purcha&s;ed, conveyed, or transferred, for or upon marriage of any of his or her children, both the parties married being
<PB N="124" REF="63"> of years of con&s;ent, or &s;ome valuable Con&s;ideration, 1 <HI>Jac. cap.</HI> 15.</P>
<P N="63">(63.) Any Goods or Chattels that &s;hall by any means come unto the Bank|rupt, before &s;uch time as his Debts &s;hall be &s;atisfied or agreed for; as well as other Chattels which the Bankrupt had, when fir&s;t declared to be a Bankrupt, 13 <HI>Eliz. cap.</HI> 7.</P>
<P N="64">(64.) Goods and Chattels extended of the Bankrupts, by pretended accomp|tants or debtors to the King; <HI>vide devant,</HI> Sect. 56.</P>
<P N="65">(65.) Goods and Chattels of the<NOTE PLACE="marg">Goods extend|ed.</NOTE> Bankrupt extended, or taken in execu|tion. Goods of the Bankrupts were ex|tended by vertue of a Statute; and the extent was before he became Bankrupt, but the <HI>Liberate</HI> after; and held that they could not be &s;old by the Commi&s;&s;ioners of Bankrupts; becau&s;e being extended they are in <HI>Cu&s;todia Legis,</HI> &s;o that the cognizors have no power to give, &s;ell, or otherwi&s;e di&s;po&s;e of them: And although the Cognizee hath no ab&s;olute property in them by the extent, and before the <HI>Li|berate,</HI> becau&s;e at the return of the <HI>Li|berate,</HI>
<PB N="125" REF="63"> he may refu&s;e them, if he will: yet that is for the advantage of the Cog|nizee, and the Cognizor hath no proper|ty in them, but only in ca&s;e where the Cognizee refu&s;eth them; for the goods are bound by the <HI>Te&s;te</HI> of the Writ of extent or execution &s;ued: and when the <HI>liberate</HI> is &s;ued, it hath relation to the extent; and they are but as one ex|tent: <HI>Crook, part 3. 149, 150. Audley ver&s;us Hal&s;ey.</HI></P>
<P N="66">(66.) Goods and Chattels, whereof<NOTE PLACE="marg">Goods po&s;&s;e&s;t by the Bank+rupt.</NOTE> the Bankrupt hath the po&s;&s;e&s;&s;ion and di&s;|po&s;al as his own: The words of the Statute are, <HI>Whereas many per&s;ons before they become Bankrupt do convey their goods unto other men, upon good con&s;idera|tion, and yet keep the &s;ame, and are repu|ted owners thereof, and do di&s;po&s;e of the &s;ame, as their own, Be it enacted, that if any per&s;on or per&s;ons &s;hall become a Bank|rupt, and at &s;uch time as they &s;hall &s;o become a Bankrupt, &s;hall by the con&s;ent and permi&s;&s;ion of the true owners or Pro|prietors, have in their po&s;&s;e&s;&s;ion, order, and di&s;po&s;ition, any of the goods or chat|tels, whereof they &s;hall be reputed owners, and take upon them the &s;ale, alteration, and di&s;po&s;ition of them as owners, the
<PB N="126" REF="64"> Commi&s;&s;ioners, or greater number may &s;ell, and di&s;po&s;e of the &s;ame, for the benefit of the Creditors.</HI> 21 Jac. 19.</P>
<P N="67">(67.) Goods or Chattels pa&s;&s;ed a|way upon condition, or power of re|demption by the Bankrupt, 21 <HI>Jac. 19. vide,</HI> before <HI>Sect.</HI> 51.</P>
<P N="68">(68.) Debts due to the Bankrupt<NOTE PLACE="marg">Debts.</NOTE> are &s;aleable, by 13 <HI>El. cap.</HI> 7. expre&s;ly; and although they are transferred into other mens names, by 1 <HI>Jac. chap.</HI> 15.</P>
<P N="69">(69.) In an action upon the Ca&s;e brought for words &s;poken by the Defen|dant again&s;t the Plaintiff, the Plaintiff recovered of the Defendant for Da|mages and Co&s;ts, twelve pounds: And after the execution &s;ued, and money le|vied by the Sheriff (before the return of the Writ) the Plaintiff becomes a Bank|rupt, and the &s;aid twelve pounds is a&s;|&s;igned by the Commi&s;&s;ioners to the cre|ditors, and the money being brought in|to Court, the Plaintiff [now a Bank|rupt] moves for it; and the Creditors to whom the &s;ame was a&s;&s;igned, likewi&s;e moved for it; and by <HI>Jones</HI> and <HI>Hide</HI> Ju&s;tices, the a&s;&s;ignment was good, be|cau&s;e it was the Bankrupts Debt, and for|feitable
<PB N="127" REF="64"> by out-lawry: but <HI>Whitlock</HI> and <HI>Crook</HI> Ju&s;tices <HI>contra;</HI> becau&s;e the Sheriff levying of the money before the party became a Bankrupt, it was in <HI>Cu&s;todi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> legis,</HI> and the Creditors cannot give a di&s;charge, nor are they parties in Court, and if the Judgment &s;hould be rever&s;ed, not compellable to make re&s;titution: and afterwards it was judged accordingly; and that the money be delivered to the plain|tiff, he acknowledging &s;atisfaction: al&s;o it was &s;aid, that the money was not the Plaintiffs until payed out of Court. <HI>Crook, part. 3. 166, 167. Ben&s;on ver&s;. Flower and Backwel.</HI></P>
<P N="69">(69.) <HI>A.</HI> hath one in execution for Debt, and then he becomes a Bankrupt, the Commi&s;&s;ioners a&s;&s;ign the Debt, if the party e&s;cape, whether may this A&s;|&s;ignee have an action of e&s;cape: this is a Quere in Mr. <HI>Stones Lecture,</HI> fol. 9. And I conceive may be an&s;wered in the affirmative; for by <HI>We&s;tmin&s;ter 2. chap.</HI> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">1. Debt is given in &s;uch ca&s;e again&s;t the Jaylor by the equity of that Statute, [for the words extend only to Accomp|<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ants.] And by 1 <HI>Jac. chap.</HI> 15. It is thus: <HI>That the Commi&s;&s;ioners of Bank|rupt,
<PB N="128" REF="65"> or the greater part of them &s;hall have power to grant and a&s;&s;ign, or other|wi&s;e to order and di&s;po&s;e all or any of the Debt due; or to be due, to and for the be|nefit of the &s;aid Bankrupt, by what per&s;on or per&s;ons &s;oever, or in what manner or form &s;oever, to the u&s;e of the Creditors of the &s;aid Bankrupt, according to the true intent of the former Statute of Bankrupts: And that the &s;ame grant, a&s;&s;ignment, or di&s;po&s;ition of the &s;aid Debts, in form a|fore&s;aid, to be made by the &s;aid Commi&s;|&s;ioners, or any part of them, &s;hall &s;o ve&s;t the property, right, and intere&s;t of the &s;aid Debt and Debts, in the per&s;on or per&s;ons of him, her, or them, to whom it &s;hall be granted,</HI> &amp;c. <HI>by the &s;aid Com|mi&s;&s;ioners, as fully to all intents and pur|po&s;es, as if the &s;aid Bill, Bond,</HI> &amp;c. <HI>Judgment, or Contract, where|on the &s;aid Debt, or Debts &s;hall ari&s;e or grow, had been with the per&s;on or per&s;ons to whom the &s;ame &s;hall be granted,</HI> &amp;c. <HI>And that after &s;uch grant, a&s;&s;ignment, or di&s;po&s;ition: neither the Bankrupts, nor any other &s;hall have power to receive, recover, or relea&s;e it, &amp;c.</HI> 1 Jac. 15. So that by the a&s;&s;ignment, the Debt is ve&s;t|ed to all intents and purpo&s;es in the Grantee, as if he had been the origina<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">
<PB N="129" REF="65"> Debtor, might have had his action again&s;t the Sheriff, therefore the Gran|tee: and the Statute &s;hall be liberally expounded for the relief of Creditors, e&s;pecially, &s;eeing in this ca&s;e the A&s;|&s;ignee or Grantee, is without any reme|dy for the Debt, if he cannot relieve him&s;elf again&s;t the Sheriff.</P>
<P N="70">(70.) And Mr. <HI>Stone</HI> in his <HI>Le|cture</HI> makes another Quere, whether he that comes in as Creditor, and hath a debt made over unto him by the Com|mi&s;&s;ioners, <HI>&amp;c.</HI> may not be barred not|with&s;tanding by the Statute of limita|tions. And it may be an&s;wered that he &s;hall be barred, for neither of the Sta|tutes gives the A&s;&s;ignee any larger pow|er, <HI>&amp;c.</HI> than the original debtor had: al&s;o the Statute of limitation, was made for quieting of mens e&s;tates, and avoid|ing of Suits, which Statute, &s;hall not be taken away without &s;pecial words.</P>
<P N="71">(71.) Such things as the Bankrupt<NOTE PLACE="marg">Thin di&s;po&s;ed of by the Bank|rupt.</NOTE> him&s;elf di&s;po&s;ed to the &s;atisfaction of &s;ome of the Creditors, after that he be|came a Bankrupt, for the Statute of 13 <HI>Eliz. chap.</HI> 7. is, <HI>That the Commi&s;|&s;ioners mu&s;t di&s;tribute to the Creditors &s;hare and &s;hare alike,</HI> &amp;c. <HI>and that eve|ry &s;uch bargain, &s;ale,</HI> &amp;c. <HI>&s;hall be good
<PB N="130" REF="66"> and effectual again&s;t the offendors and all per&s;ons,</HI> &amp;c. And if the debtor after that he becomes a Bankrupt, may prefer one Creditor before another, it would be unrea&s;onable, and a great defect in Law, that after he hath utterly di&s;credited him&s;elf by becoming a Bankrupt, the Law &s;hould intru&s;t him with the di|&s;tribution of his Goods. <HI>Cook, lib. 2. 25. b. 26. a. Ca&s;e of Bankrupts.</HI></P>
</DIV3>
<DIV3 TYPE="subpart">
<HEAD>Now ob&s;erve the means of di&s;covery, and obtaining of the Bankrupts E&s;tate.</HEAD>
<P N="72">(72.) It is enacted by 21 <HI>Jac. chap.</HI> 19. that the Commi&s;&s;ioners, in execution<NOTE PLACE="marg">Break open Hou&s;es.</NOTE> of their Commi&s;&s;ion, or the greater part of them, or any other per&s;on or per&s;ons, officer, or officers by them or the greater part of them to be deputed, or appoint|ed by their warrant or warrants under their hands and &s;eals, may break open the hou&s;e or hou&s;es, chambers, &s;hops, ware-hou&s;es, doors, trunks, or che&s;ts of the Bankrupt, where the &s;aid Bank|rupt, or any of his goods, or e&s;tate &s;hall be, or reputed to be, and &s;eize upon and order the Body, goods, chat|tels, ready money, and other e&s;tate of &s;uch Bankrupt, as by former Laws are limited and appointed, <HI>&amp;c. 21 Jac. cap.</HI> 19.</P>
<PB N="131" REF="66">
<P N="73">(73.) Next by examination and pu|ni&s;hment<NOTE PLACE="marg">Exami|nation of per|&s;ons by the Com|mi&s;&s;ion|ers.</NOTE> of per&s;ons: 1. The Bank|rupt him&s;elf, they may compel him to come before them: <HI>vide</HI> before <HI>Sect.</HI> 39.) They have power to examine him upon oath, upon &s;uch interrogatories touch|ing his Lands, Tenements, goods, chat|tels, debts, bills, bonds, books of ac|compt, and &s;uch other things as may tend to di&s;clo&s;e his or their e&s;tate, or the &s;ecret grants, conveyances, and <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">loyning of his, her, or their Lands, Tenements, goods, money and debts, as they &s;hall think fit, 1 <HI>Jac. chap.</HI> 15.</P>
<P N="74">(74.) Then ob&s;erve the Bankrupts puni&s;hment in ca&s;e of his refractorine&s;s or deceit: fir&s;t, for his not appearance before the Commi&s;&s;ioners, <HI>vide</HI> before <HI>Sect.</HI> 39.) Secondly, in ca&s;e he refu&s;e to be examined, or an&s;wer not fully to every interrogatory to him to be admi|ni&s;tred by the &s;aid Commi&s;&s;ioners or the greater part of them, it &s;hall be lawful for the &s;aid Commi&s;&s;ioners, or the greater part of them, to commit the &s;aid offendor or offendors to &s;ome &s;treight or clo&s;e impri&s;onment, there to remain, until he, &s;he or they &s;hall better conform him, or her &s;elf: 1 <HI>Jac. chap.</HI> 15.</P>
<PB N="132" REF="67">
<P N="75">(75.) Thirdly, For his perjury: <HI>If</HI><NOTE PLACE="marg">Bank|rupts perjury.</NOTE> <HI>upon his, her, or their examination, it &s;hall appear that he or &s;he, or they have committed any wilful or corrupt perjury&punc; tending to the hurt or damage of th<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Creditors of the &s;aid Bankrupt, to the value of</HI> 10 lib. <HI>of lawful money of</HI> Eng|gland, <HI>or above; the party &s;o offending &s;hall or may be thereof indicted, in any of the Kings Maje&s;ties Courts of Record, and being lawfully convicted thereof, &s;hall &s;tand upon the Pillory in &s;ome publick place, by the &s;pace of two hours, and have one of his Ears, nailed to the Pillory and cut off:</HI> 1 Jac. cap. 15.</P>
<P N="76">(76.) Fourthly, For the Bankrupts<NOTE PLACE="marg">His fraud.</NOTE> fraud: <HI>And if any Bankrupt &s;hall upon his or her examination to be taken before the &s;aid Commi&s;&s;ioners</HI> (executing the &s;aid Commi&s;sion) <HI>be found fraudulently or deceitfully to have conveyed away his or her goods, chattels, lands, tenements, offices, &amp;c. or other e&s;tate, or any part thereof to the value of</HI> 20 lib. <HI>or above; to the end and purpo&s;e to hinder the exe|cution of this Statute, or of any other the afore&s;aid Statutes, or thereby to defraud, or delay, or hinder his or her Creditors of the &s;ame; and &s;hall not upon his or her examination, di&s;cover unto the &s;aid Com|mi&s;&s;ioners,
<PB N="133" REF="67"> and (if it lie in his or her power) deliver unto the &s;aid Commi&s;&s;io|ners, all that e&s;tate, goods, and chattels, &s;o fraudulently and deceitfully conveyed away as afore&s;aid, or by him, or her, his or her means kept or detained from the &s;aid Commi&s;&s;ioners: or that cannot make it appear unto the &s;aid Commi&s;&s;ioners, that he or &s;he hath &s;u&s;tained &s;ome ca&s;ual lo&s;s, whereby he or &s;he is di&s;abled to pay what he, or &s;he then owed; the offendor &s;hall or may be indicted for &s;uch fraud, or abu&s;e at the A&s;&s;izes, or general Se&s;|&s;ions, to be holden, before the Judges of A&s;|&s;ize, or Ju&s;tices of Peace, of the County or place, where he, or &s;he &s;hall become Bankrupt: and if upon &s;uch Indictment, or Indictments, the Bankrupts be thereof convicted, he, or &s;he &s;o convicted, &s;hall be &s;et in the Pillory in &s;ome publick place, for the &s;pace of two hours, and have one of his, or her ears nayled to the Pillory, and cut off.</HI> 21 Jac. cap. 19.</P>
<P N="77">(77.) Secondly, By examination of<NOTE PLACE="marg">Wife of the Bank|rupt.</NOTE> the Bankrupts wife: After &s;uch time as any per&s;on &s;hall by the &s;aid Commi&s;&s;io|ners, executing the &s;aid Commi&s;&s;ion, or the greater part of them, be lawfully ad|judged, or declared to be a Bankrupt, the &s;aid Commi&s;&s;ioners, executing &s;uch
<PB N="134" REF="68"> Commi&s;&s;ion, &s;hall have power and au|thority upon oath to examine the wife and wives of all and every &s;uch Bank|rupts, for the finding out and di&s;covery of the e&s;tate and e&s;tates, goods, and chattels of &s;uch Bankrupt or Bankrupts, concealed, kept, or di&s;po&s;ed of by &s;uch wife or wives, in their own per&s;ons, or by their own act or means, or by any other per&s;on or per&s;ons: And that &s;he, and they, the &s;aid wife and wives &s;hall incur &s;uch danger and penal|ty, for not coming before the &s;aid Com|mi&s;&s;ioners, or for refu&s;ing to be &s;worn, or examined; or for not di&s;clo&s;ing of the truth, upon her, or their examination or examinations, as in and by the former Laws, or either of them, is already made and provided again&s;t any other per&s;on or per&s;ons in like ca&s;es: 21 <HI>Jac. chap.</HI> 19.</P>
<P N="78">(78.) Thirdly, By examination of<NOTE PLACE="marg">Other per&s;ons.</NOTE> other per&s;ons. Any per&s;on known or &s;u&s;|pected to have any of the Bankrupts e&s;tate, debts, <HI>&amp;c.</HI> Wherein note&punc; Fir&s;t, the power of the Commi&s;&s;ioners to bring them before them; the Commi&s;&s;ioners upon complaint made to them by any party grieved, knowing, &s;uppo&s;ing, or &s;u&s;pecting any of the goods, chattels,
<PB N="135" REF="68"> wares, Merchandizes, or debts of &s;uch of|fendor or offendors, to be in cu&s;tody, u&s;e, occupying, keeping, or po&s;&s;e&s;&s;ion of any per&s;on or per&s;ons; or any per&s;on or per|&s;ons to be indebted to any &s;uch offendor or offendors, and do make relation there|of to the &s;aid Commi&s;&s;ioners &s;o to be ap|pointed, or the more part of them, That then the &s;aid Commi&s;&s;ioners, or the more part of them &s;hall have full power and authority to &s;end for, and call before them, by &s;uch proce&s;s, ways, and means, as they &s;hall think convenient, all and every &s;uch per&s;on or per&s;ons, &s;o known, or &s;u&s;pected to have any &s;uch goods, chattels, wares, <HI>&amp;c.</HI> in his or their cu|&s;tody, u&s;e, occupation, keeping, or po&s;|&s;e&s;&s;ion, or &s;uppo&s;ed, or &s;u&s;pected to be indebted to &s;uch offendor or offendors: And &s;econdly, to examine them: upon their appearance, the Commi&s;&s;ioners may examine them, and every of them, as well by their oaths, as otherwi&s;e by &s;uch means as the &s;aid Commi&s;&s;ioners, or the more part of them &s;hall think fit, for and upon the &s;pecialty, certainty, and true declaration and knowledge of all and &s;ingular &s;uch goods, chattels, wares, merchandizes and debts, of any &s;uch of|fendor or offendors, as be &s;uppo&s;ed, or
<PB N="136" REF="69"> &s;u&s;pected to be owing to any &s;uch of|fendor or offendors, 13 <HI>Eliz. chap.</HI> 7.</P>
<P N="79">(79.) And in the next and third<NOTE PLACE="marg">Refu&s;ing to come before the Com|mi&s;&s;ion|ers.</NOTE> place, take notice of the puni&s;hment of &s;uch other per&s;ons; fir&s;t, for their refu|&s;ing to come before the Commi&s;&s;ioners, or to be &s;worn and make an&s;wer. And by the Statute of 1 <HI>Jac. chap.</HI> 15. It is &s;et forth, that no good means was ap|pointed by 13 <HI>Eliz.</HI> either by impri&s;on|ment, or other penalty, to procure per|&s;ons to be &s;u&s;pected to have any part of the money, goods, chattels, or debts of the &s;aid offendors, or to be indebted to them, to come before the Commi&s;&s;io|ners, or to be examined by them, <HI>&amp;c.</HI> and then enacts, That if any per&s;on, or per&s;ons being known, &s;uppo&s;ed, or &s;u&s;|pected, to have or detain any part of the lands, tenements, or hereditaments, goods, chattels, or debts of the &s;aid Bank|rupt, or to be indebted to, or for the be|nefit of the &s;aid Bankrupt, &s;hall after lawful warning to the &s;aid per&s;on or per&s;ons given, to come before the &s;aid Commi&s;&s;ioners, or the greater part of them, to be examined, refu&s;e to come, or &s;hall not come before the &s;aid Commi&s;&s;i|oners at the time appointed, having no
<PB N="137" REF="69"> lawful impediment (&s;uch as &s;hall be al|lowed by the &s;aid Commi&s;&s;ioners, or the greater part of them;) or that any &s;uch per&s;on or per&s;ons, having knowledge or warning of any other a&s;&s;embly, or meet|ing of the &s;aid Commi&s;&s;ioners &s;hall not come and appear before them, at &s;uch time, as he or &s;he may lawfully come, ha|ving no &s;uch lawful impediment, as &s;hall be then made known to the &s;aid Commi&s;|&s;ioners, and by them admitted, and al|lowed<NOTE PLACE="marg">Refu&s;ing to be &s;worn, and an|&s;wer.</NOTE> as afore&s;aid. Or being come be|fore them, &s;hall refu&s;e to be &s;worn, and to make an&s;wer to &s;uch interrogatories as &s;hall be mini&s;tred to him or them, according to the true intent and mean|ing of the &s;aid Statute of 13 <HI>Eliz.</HI> or of this Act: That then it &s;hall be lawful for the &s;aid Commi&s;&s;ioners, or the greater part of them, to commit to &s;uch ward or pri&s;ons, as to them, or the greater part of them, &s;hall be thought meet, all &s;uch<NOTE PLACE="marg">Their puni&s;h|ment.</NOTE> per&s;on and per&s;ons, as &s;o refu&s;e to be &s;worn, and make an&s;wer to &s;uch Inter|rogatories, as &s;hall be &s;o admini&s;tred as afore&s;aid: 1 <HI>Jac.</HI> 15.</P>
<P N="80">(80.) And al&s;o to direct their war|rants to &s;uch per&s;on or per&s;ons, as to them, or the greater part of them &s;hall
<PB N="138" REF="70"> be thought meet, to apprehend and ar|re&s;t &s;uch per&s;on and per&s;ons as &s;hall re|fu&s;e to appear before them as afore&s;aid, and to bring him, her, or them, before the &s;aid Commi&s;&s;ioners, or the greater part of them, to be examined as afore|&s;aid; and upon their refu&s;al, to commit them to &s;uch Pri&s;ons as the Commi&s;&s;io|ners &s;hall think meet, there to remain without Bail or Mainpri&s;e, until their &s;ubmi&s;&s;ion to the Commi&s;&s;ioners to be examined, <HI>&amp;c. 2 Jac. cap.</HI> 15.</P>
<P N="81">(81.) But by 13 <HI>Eliz. cap.</HI> 7. in ca&s;e any &s;uch per&s;on or per&s;ons, upon exami|nation, do not di&s;cover the truth touch|ing the &s;aid things whereof they are ex|amined by the Commi&s;&s;ioners as afore|&s;aid, or do deny to &s;wear, he is to forfeit double the value of the thing concealed, (<HI>vid. apres,</HI> forfeiture,) which doubt|le&s;s is not taken away by 1 <HI>Jac. cap.</HI> 15. but the impri&s;onment is thereby added as a further penalty; and to force the parties &s;u&s;pected to have any of the Bankrupts E&s;tate, to come before the Commi&s;&s;ioners and make a di&s;covery: Al&s;o it may be ob&s;erved, that the Statute of 13 <HI>Eliz.</HI> mentioneth only the con|cealing of the per&s;onal E&s;tate, but 1 <HI>Jac.
<PB N="139" REF="70"> cap.</HI> 15. Extends to Lands, Tenements, <HI>&amp;c.</HI> as before, that are &s;o with-held or conceal'd.</P>
<P N="82">(82.) Thirdly, For their Perjury.<NOTE PLACE="marg">Their Perjury: 1 <HI>Jac.</HI> cap. 15.</NOTE> If any per&s;on or per&s;ons, other than the Bankrupt, either by &s;ubornation, unlaw|ful procurement, &s;ini&s;ter per&s;wa&s;ion or means of any others, or by his own act, con&s;ent or agreement; &s;hall wilfully and corruptly commit any manner of wilful Perjury, by his depo&s;ition to be taken before the &s;aid Commi&s;&s;ioners, or the greater part of them, as afore&s;aid; That then the party or parties &s;o offending; and all and every per&s;on and per&s;ons, that &s;hall unlawfully and corruptly pro|cure any &s;uch unlawful, wilful, and cor|rupt Perjury, &s;hall or may therefore be indicted in any of the Kings Maje&s;ties Courts of Record; and after his or their conviction thereof, &s;hall inour &s;uch for|feiture, and receive and &s;uffer &s;uch pains and puni&s;hment as are limited by the Statute made concerning Perjury, (<HI>viz. 5 El. cap.</HI> 9.) Now the puni&s;hment ap|pointed for Perjury by that Statute is, That the per&s;on committing Perjury &s;hall forfeit 20 <HI>l.</HI> and endure half a years impri&s;onment without Bail or Mainpri&s;e,
<PB N="140" REF="71"> and his Oath never after to be received, <HI>&amp;c.</HI> And if he hath no Goods or Lands of that value; then he is to be &s;et in the Pillory, in &s;ome Market-Town, and to have both his ears nailed, and to be di&s;|abled to be a Witne&s;s in any Court of Record, <HI>vid. 5 Eliz. cap.</HI> 9. and by the &s;ame Stat. of 5 <HI>Eliz.</HI> the Procurers of Perjury are to forfeit 40 <HI>l.</HI> and if they have no E&s;tate of that value, then to &s;uf|fer half a years impri&s;onment, without Bail or Mainpri&s;e, and to &s;tand in the Pillory by the &s;pace of an hour, and in &s;ome Market-Town next adjoyning to the place where the offence was done, and never after to be admitted to be a Witne&s;s in any Court of Record.</P>
<P N="83">(83.) Fourthly, Concealing of the<NOTE PLACE="marg">Conceal|ing the Bank|rupts E&s;tate.</NOTE> Bankrupts E&s;tate: Any per&s;on being known or &s;u&s;pected to have any Goods, Chattels, <HI>&amp;c.</HI> of the Bankrupts, or to be indebted to him, if he doth not upon examination di&s;clo&s;e, and plainly declare his knowledge concerning the Premi&s;es, or doth deny to &s;wear; Then every &s;uch per&s;on (upon due proof thereof be|fore the Commi&s;&s;ioners, by Witne&s;s, Examination, or otherwi&s;e, as they &s;hall think fit) &s;hall lo&s;e and forfeit double
<PB N="141" REF="71"> the value of &s;uch Goods, Chattels, Debts, <HI>&amp;c.</HI> by them or any of them &s;o concealed, 13 <HI>Eliz. cap.</HI> 7.</P>
<P N="84">(84.) Fraud: If any per&s;on or per|&s;ons<NOTE PLACE="marg">Fraud&punc;</NOTE> do fraudulently, by covin or collu|&s;ion claim, demand, recover, po&s;&s;e&s;s or detain any Debts, Duties, Goods, Chat|tels, Lands or Tenements, by writing, tru&s;t, or otherwi&s;e, which were or &s;hall be due, belonging or appertaining to any &s;uch offendor or offendors, other than &s;uch as he or they can and do prove to be due by right and con&s;cience for mo|ney paid, wares delivered, or other ju&s;t con&s;ideration, or cau&s;e rea&s;onable to the ju&s;t value thereof, before the &s;aid Com|mi&s;sioners &s;o to be appointed, or the more part of them, as is afore&s;aid; and the &s;ame to proceed (<HI>bona fide</HI>) with|out fraud or covin; That then every &s;uch per&s;on or per&s;ons &s;o craftily demanding, having or detaining any &s;uch debt, duty, or other thing, as is afore&s;aid, &s;hall for|feit and lo&s;e double as much as he or they &s;hall &s;o claim, demand, detain or po&s;&s;e&s;s, 13 <HI>Eliz. cap.</HI> 7.</P>
<P N="85">(85.) The &s;aid Forfeitures of double<NOTE PLACE="marg">Forfei|tures how im|ployed.</NOTE> the value in both the ca&s;es before men|tioned, are to be levied and imployed
<PB N="142" REF="72"> by the Commi&s;&s;ioners, as followeth, <HI>viz.</HI> The &s;aid Commi&s;&s;ioners, or the more part of them is to levy the &s;ame of the Lands, Tenements, Hereditaments, Goods and Chattels of the per&s;ons of|fending, by &s;uch ways and means, and in &s;uch manner and form as is before li|mited and appointed for the principal offendor or offendors, debtor or debtors&punc; and the &s;ame forfeiture or forfeitures to be di&s;tributed and imployed to and for the &s;atisfaction and payment of the debts of the &s;aid Creditor or Creditors, in &s;uch manner, rate and form, as is by<NOTE PLACE="marg">Vid. Po&s;t</NOTE> the Statute declared concerning the or|dering of the Lands and Tenements, Offices, Fees, Goods and Chattels of &s;uch offendor or offendors, debtor or debtors, 13 <HI>Eliz cap.</HI> 7.</P>
<P N="86">(86.) Over-plus: And if it &s;hall for|tune<NOTE PLACE="marg">Over|plus.</NOTE> the Creditors of any &s;uch Bank|rupt to be &s;atisfied and payed off their debts and duties, of or with the proper Lands, Tenements, Goods, Chattels, and Debts of the &s;aid Bankrupts, or of o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> with the &s;ame and &s;ome part of the for|feitures of the &s;aid double values, to be forfeited as afore&s;aid; and that there &s;hall remain an over-plus of the &s;aid
<PB N="143" REF="72"> forfeitures of the double values; That then one moyetie thereof &s;hall be by the &s;aid Commi&s;&s;ioners, within conveni|ent time after the levying thereof, paid unto the Queens Maje&s;ty, her Heirs and Succe&s;&s;ors; and the other moyetie &s;hall be by the &s;aid Commi&s;&s;ioners imployed and di&s;tributed to and among&s;t the Poor, within the Ho&s;pitals, in every Ci|ty, Town or Country, where any &s;uch Bankrupt &s;hall happen to be, 13 <HI>Eliz. cap.</HI> 7. But the forfeitures by 1 <HI>Jac. cap.</HI> 15. [being for Perjury and &s;uborn|ing of Perjury] is by the &s;aid Act to be &s;ued for, and recovered by the Credi|tors only, or any of them that will &s;ue for the &s;ame, by action of Debt, Bill, Plaint, or Information in any of the Kings Courts of Record; and the &s;um and &s;ums of money &s;o recover<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d, (the charges of &s;uit being deducted) &s;hall be di&s;tributed, and divided towards the payment of the &s;aid Creditors of the &s;aid Bankrupt, 1 <HI>Jac. cap.</HI> 15.</P>
<P N="87">(87.) The allowance to Witne&s;&s;es:<NOTE PLACE="marg">Allow|ance to Witne&s;|&s;es.</NOTE> Provided always, That &s;uch Witne&s;&s;es as &s;hall be &s;ent for by the Commi&s;&s;ion|ers, &s;hall have &s;uch Co&s;ts and Charges as the Commi&s;&s;ioners in their di&s;cretion
<PB N="144" REF="73"> &s;hall think fit: The &s;ame charges to be rateably born by the Creditors of the &s;aid Bankrupt, according to the propor|tion of each of their &s;everal Debts, 1 <HI>Jac. cap.</HI> 15.</P>
</DIV3>
<DIV3 TYPE="subpart">
<HEAD>The next thing to be con&s;idered, is the manner of the ordering and di&s;po&s;al of the Bankrupts E&s;tate by the Com|mi&s;&s;ioners.</HEAD>
<P N="88">(88.) Fir&s;t, in General, The Com|mi&s;sioners<NOTE PLACE="marg">In Gene|ral.</NOTE> may according to their di&s;|cretion, order the e&s;tate of the Bankrupt for the Creditors &s;atisfaction, 13 <HI>Eliz.</HI><NOTE PLACE="marg">In Parti|cular.</NOTE> <HI>cap.</HI> 7. Secondly, more Particularly, Fir&s;t, by views and apprai&s;ement; The Commi&s;&s;ioners may cau&s;e the Bankrupts Lands, Tenements, Fees, Annuities, Offices, Goods, Chattels, Wares, Mer|chandi&s;es and Debts, to be &s;earched,<NOTE PLACE="marg">View, apprai&s;e|ment.</NOTE> viewed, rented, and apprai&s;ed, to the be&s;t value they may, 13 <HI>Eliz. cap.</HI> 7.</P>
<P N="89">(89.) Secondly, by Sale: 1. To whom<NOTE PLACE="marg">Sale.</NOTE> may they &s;ell? The Statute of 13 <HI>Eliz. cap.</HI> 7. is, that the Commi&s;&s;ioners may &s;ell, without mentioning to whom; and by 21 <HI>Jac.</HI> 19. which giveth power to the Commi&s;&s;ioners to &s;ell entailed lands,
<PB N="145" REF="73"> it is to any per&s;on or per&s;ons; which &s;urely is intended to per&s;ons capable, and not to aliens, although they be Cre|ditors.</P>
<P N="90">(90.) Thirdly, Of what? Of all<NOTE PLACE="marg">of what.</NOTE> Lands, Tenements, Hereditaments, and Deeds, Evidences and Writings touch|ing the &s;ame; and of all Fees, Offices, Goods and Chattels of <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he offendor, as is before &s;et down.</P>
<P N="91">(91.) Fourthly, in what Manner?<NOTE PLACE="marg">How.</NOTE> as to the Lands, Tenements, Goods and Chattels in general of the Bankrupts; the &s;ale is to be by Deed Indented and enrolled in any of his Maje&s;ties Courts of Record, or otherwi&s;e to be ordered by the Commi&s;&s;ioners, for &s;atisfaction of the Creditors, 13 <HI>Eliz. cap.</HI> 7. And therefore, although the &s;ale be not by Deed inrolled, acco<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ding to the words of the Act, yet it is good enough, <HI>Cooke, lib.</HI> 2. 25. 26. ca&s;e of Bankrupts: A Rent Seck, whereof there is no &s;ei&s;in, &s;hall be &s;old, and the &s;ale is good with|out Attornement; <HI>Stones</HI> Lectur<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, 174. <HI>quere.</HI></P>
<P N="92">(92.) As to lands intail'd of the Ban|krupt,<NOTE PLACE="marg">Intail'd Land<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE>
<PB N="146" REF="74"> the Commi&s;&s;ioners, or the greater number of them, are impowred by 21 <HI>Ja<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">. cap.</HI> 19. by Deed Indented and In|olled within &s;ix months after the ma|king thereof, in &s;ome of his Maje&s;ties Courts of Record at <HI>We&s;tmin&s;ter,</HI> to grant, bar gain, &s;ell and convey any Ma|nors, Lands, Tenements, or Heredita|ments, whereof any Bankrupt is or &s;hall be any ways &s;eized of any e&s;tate in Tail, in Po&s;&s;e&s;&s;ion, Rever&s;ion, or Remainder, and whereof no Rever&s;ion or Remain|der is or &s;hall be in the Kings Maje&s;tie, his Heirs or Succe&s;&s;ors, of the gift or provi&s;ion of his Maje&s;ty, his progenitors, his Heirs or Succe&s;&s;ors, to any per&s;on or per&s;ons, for the relief and benefit of the Creditors, 21 <HI>Jac. cap. 19. vide</HI> before Sect. 53.</P>
<P N="93">(93.) As to Copy-hold; or cu&s;tomary<NOTE PLACE="marg">Copy|hold.</NOTE> Lands, they are to be &s;old by Deed In|dented and Inrolled in any of his Maje|&s;ties Courts of Record, <HI>&amp;c.</HI> as other the Lands and E&s;tate of the Bankrupt are appointed to be by 13 <HI>Eliz. cap.</HI> 7. But by the &s;ame Statute it is provided, That all and every per&s;on or per&s;ons, to whom any &s;uch &s;ale of Copy-hold, or cu&s;tomary Lands or Tenements &s;hall be made;
<PB N="147" REF="74"> &s;hall, before &s;uch time, as they or any of them, &s;hall enter or take any profits of the &s;ame Lands or Tenements; agree, &amp;c compound with the Lords of the Man|nors of whom the &s;ame &s;hall be holden, for &s;uch Fines or Incomes as heretofore have been mo&s;t u&s;ually and accu&s;tomed to be yielded or paid therefore&punc; And up|on every &s;uch agreement or compo&s;ition the &s;aid Lords for the time being, at the next Court to be holden at or for the &s;aid mannors; &s;hall not only grant unto the &s;aid Vendee or Vendees upon reque&s;t the &s;ame Copy or Cu&s;tomary Lands or Tenements, by Copy of Court-Roll of the &s;aid Manors, for &s;uch e&s;tate or In|tere&s;t as to them &s;hall be &s;old, and re&s;er|ving the antient Rents, Cu&s;tomes and Services; but al&s;o, in the &s;ame Court&punc; admit them Tenants of the &s;ame Copy or Cu&s;tomary Lands, as other Copy|holders of the &s;ame Mannors have been wont to be admitted, and to receive their fealty accordingly, 13 <HI>Eliz. cap.</HI> 7.</P>
<P N="94">(94.) A Copy-holder &s;urrenders, &amp; before admittance <HI>ce&s;tuy que u&s;e;</HI> be|comes a Bankrupt; The Commi&s;&s;ioners &s;ell the Copy-hold, whether &s;hall the Lord have 2 Fines, <HI>viz.</HI> one upon the
<PB N="148" REF="75"> admittance of which &s;hould have been made to <HI>ce&s;tuy que u&s;e,</HI> if he had not become a Bankrupt; and another upon the admittance of the per&s;on that comes in by &s;ale of the Commi&s;&s;ioners of Ban|krupts: and this is a <HI>quere</HI> in Mr. <HI>Stones</HI> Lecture, fol. 137. and it is there com|pared to a &s;urrender made by the Heir before admittance, which is held to be good, but not to prejudice the Lord of his Fine due upon the De&s;cent, <HI>Cooke, lib.</HI> 4. 226.</P>
<P N="95">(95.) If the Vendee of a Copy-hold tender to the Lord a competent Fine, and the Lord refu&s;e it; The Vendee may enter, <HI>Stones</HI> Lecture, 176. The Commi&s;&s;ioners may &s;ell Copy-hold in|tail'd, which by cu&s;tome may be intail'd and cut off, otherwi&s;e, if there be no &s;uch cu&s;tome, <HI>Stones</HI> Lecture, 176. I conceive, if there be no &s;uch cu&s;tome, then it is in nature of a Fee-&s;imple con|ditional at the Common Law, and then if the condition be performed, <HI>viz.</HI> if the Copy-holder hath i&s;&s;ue, <HI>&amp;c.</HI> the Com|mi&s;sioners may fell it, as I &s;uppo&s;e.</P>
<P N="96">(96.) As to a Condition, Lands, Goods, <HI>&amp;c.</HI> of the Bankrupt, made over
<PB N="149" REF="75"> by him upon condition or power of Redemption, the Commi&s;sioners before the time of the performance of the con|dition, may appoint under their hands and &s;eals, &s;uch as they &s;hall think fit to perform the condition; and after &s;uch performance, &s;hall di&s;po&s;e of &s;uch lands or goods for the Creditors advantage, as fully as of any other of the Bankrupts E&s;tate, 21 <HI>Jac&punc; Cap. 19. vid. devant,</HI> Sect. (51.)</P>
<P N="97">(97.) As to lands, <HI>&amp;c.</HI> extended by a pretended Debtor or accomptant to the King, after that the party &s;hall become a Bankrupt, 21 <HI>Jac. cap. 19. vid.</HI> Sect. 56. where it is &s;et forth at large.</P>
<P N="98">(98.) As to debts owing to the Ban|krupt, <HI>vid.</HI> before Sect. 68. Suppo&s;e a Bankrupt be indebted to one 20 <HI>l.</HI> and to another 10 <HI>l.</HI> and hath a debt of 20 <HI>l.</HI> due to him by Bond; whether may the Commi&s;sioners a&s;sign the Bond to the two Creditors joyntly; and it was held by the Court, that it was to be divided and a&s;signed according to the words of the Act, <HI>viz.</HI> to every Creditor a por|tion, part and part-like: Then another que&s;tion was offered, whether the A&s;|&s;ignees
<PB N="150" REF="76"> might joyn in &s;uit; and by <HI>War|berton,</HI> one of the Ju&s;tices, part being a&s;|&s;igned to one, and part to another, the Act of Parliament doth &s;o operate upon it, that they &s;hall &s;ue &s;everally: for he &s;aid, by the cu&s;tome of <HI>London,</HI> part of a debt might be attached, <HI>Godbolts</HI> Re|ports, 195. <HI>p.</HI> 282.</P>
<P N="99">(99.) Thirdly; Note, the di&s;tributi|on<NOTE PLACE="marg">Di&s;tri|bution of the Bank|rupts E|&s;tate.</NOTE> made by the Commi&s;&s;ioners, of the Bankrupts E&s;tate, wherein ob&s;erve; fir&s;t, to what Creditors in general: It is en|acted by 21 <HI>Jac. cap.</HI> 19. That the &s;aid Act, and all other Acts of Parliament formerly made again&s;t Bankrupts, &s;hould extend to &s;trangers born, as well Aliens as Denizens, as effectually as to the na|tural born Subiects, both to make them &s;ubject to the Law, as Bankrupts, as al|&s;o to make them capable of the benefit of contribution, as Creditors by tho&s;e Laws: So, that &s;atisfaction is to be made to all, as well Aliens as Denizens, <HI>&amp;c.</HI></P>
<P N="100">(100.) Al&s;o, It is enacted by 21 <HI>Jac. cap.</HI> 19. That for the better di&s;tri|bution of the Lands, <HI>&amp;c.</HI> Goods, Chat|tels, <HI>&amp;c.</HI> of the Bankrupt, to and among&s;t his Creditors; The Commi&s;&s;ioners or the greate&s;t part of them, &s;hall and
<PB N="151" REF="76"> may examine upon Oath, or by any o|ther waies or means, as to them &s;hall &s;eem meet, any per&s;on or per&s;ons for the finding out, and di&s;covery of the truth and certainty of the &s;everal debts due and owing to all &s;uch Creditor or Cre|ditors, as &s;hall &s;eek relief by &s;uch cour&s;e of Commi&s;&s;ion to be &s;ued forth, <HI>&amp;c. 21. Jac.</HI> 19.</P>
<P N="101">(101.) <HI>A.</HI> and <HI>B.</HI> are &s;ureties for <HI>I S.</HI> for the payment of Money, and had Counter-Bonds from <HI>I S.</HI> to &s;ave them harmle&s;s, the money was not payed at the day, the &s;ureties pay it: <HI>I S.</HI> after becomes a Bankrupt; Re&s;olved, that <HI>A.</HI> and <HI>B.</HI> were Creditors, within the Statutes of Bankrupts: <HI>Crooke, part 2. 127. O&s;borne</HI> and <HI>Churchman's</HI> ca&s;e; Mr. <HI>Stone</HI> in his Lecture, fol. 18. makes a <HI>Querie;</HI> whether, one becoming a Creditor to the Bankrupt after that he had notice that he was a Bankrupt, might be a Creditor, relievable within the Sta|tutes: To which it may be an&s;wered in the negative; for if the Law di&s;ables him to di&s;po&s;e of his E&s;tate, (after he becomes a Bankrupt) directly Then he cannot di&s;po&s;e of it by a mean, <HI>viz.</HI> by becoming a Debtor, and &s;o to make
<PB N="152" REF="77"> his Lands and Goods liable to his Debt, if in the ca&s;e before, &s;uch a Creditor were relieveable: and <HI>Stone</HI> &s;eems to be of the &s;ame opinion, when he &s;aith; A Bankrupt is committed to Pri&s;on, be|cau&s;e he will not an&s;wer Interrogatories, the Gao ler gives him credit for victuals, he &s;hall not be relieved, although he come in before di&s;tribution, fol. 183:</P>
<P N="102">(102.) A Merchant is impri&s;oned, and after becomes a Debtor to <HI>A.</HI> and then the &s;ix months pa&s;&s;e, <HI>A.</HI> is a Cre|ditor relievable; for he is not a Bank|rupt by relation, <HI>Stones</HI> Lecture, 182. The Statute of 21 <HI>Jac. cap.</HI> 19. makes one a Bankrupt by relation from the time of his Arre&s;t, only in two ca&s;es, <HI>viz</HI> either when he makes an E&s;cape, or comes out upon common Bail, which enumeration I &s;uppo&s;e, excludes (rela|tion) in other ca&s;es, in a penal act of Parliament.</P>
<P N="103">(103.) A Bankrupt is convicted for inmates, and the Statute gives an action of Debt in &s;uch ca&s;e to the Lord of the Leet, <HI>&amp;c.</HI> he is no Creditor, within the Statute of Bankrupts; <HI>Stones</HI> Lecture, fol. 21. for I conceive this is not pro|perly
<PB N="153" REF="77"> a Debt, but only a means given to recover a Forfeiture, and by <HI>Stone,</HI> a Mortgages of Lands may chu&s;e whether he will come in as a Creditor, fol. 181. There is before a &s;pecial provi&s;ion for &s;atisfying of a condition by payment of the money, <HI>&amp;c.</HI> by which it is intended, that the Mortgagee was never to be ac|compted as a Creditor.</P>
<P N="104">(104.) It was decreed in <HI>Star-Chamber,</HI> that a Merchant for a wrong done by him to <HI>I. S.</HI> &s;hould pay him <HI><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ol.</HI> and the Merchant becomes a Bankrupt, <HI>IS.</HI> is no Creditor, <HI>Stones</HI> Lecture, 184. for this is no Debt due for moneys bor|rowed, or upon any original contract; but only a payment laid on by the Court, and an action of Debt (as it is conceived) lies not for it; but only the party is to be puni&s;hed by the Court, if he perform not the decree.</P>
<P N="105">(105.) Secondly, more particularly, any Creditor coming in within four months after the commi&s;sion &s;ued forth by 1 <HI>Jac. cap.</HI> 15. The words are; And that it &s;hall and may be lawful for any of the Creditors of the &s;aid Bankrupt, within four months after any &s;uch Com|mi&s;sion
<PB N="154" REF="78"> &s;hall be &s;ued forth, and until di|&s;tribution &s;hall be made by the &s;aid Commi&s;&s;ioners for the payment of the Bankrupts debts, as in &s;uch ca&s;e hath been u&s;ed to partake and joyn with the other Creditors that &s;hall &s;ue forth any &s;uch Commi&s;&s;ion for &s;atisfaction or pay|ment of his, her, or their debts to him or them owing, without any let, hindrance or di&s;turbance of any of the &s;ame Com|mi&s;&s;ioners, or of any of the other Credi|tors of the &s;aid Bankrupts: the &s;ame Creditors &s;o coming in, to contribute to the charge of the &s;aid Commi&s;&s;ion: and that if the Creditors come not in with|in four months, then the Commi&s;&s;ioners to have power to di&s;tribute: 1 <HI>Jac. chap.</HI> 15.</P>
<P N="106">(106.) In a Ca&s;e of one <HI>Ruggles</HI> of <HI>Suffolk,</HI> upon view of the Statutes of 13 <HI>El. c.</HI> 7. &amp; 1 <HI>Jac. c.</HI> 15. of Bankrupts, it was re&s;olved by the Court, that if cer|tain Creditors &s;ue a Commi&s;&s;ion, and o|thers within four months after, or more, being Creditors, come before di&s;tribu|tion, and will joyn in the charge of the Commi&s;&s;ion, and all that belongs to it, and tender their parts thereof: that they &s;hall not be refu&s;ed, but &s;hall have their equal parts, as Creditors; but if
<PB N="155" REF="78"> any di&s;tribution be made of any part of the e&s;tate, no Creditors are to be ad|mitted after, that came not in before: <HI>Hobart, 287. Ruggles Ca&s;e.</HI></P>
<P N="107">(107.) A Commi&s;&s;ion was &s;ued out by &s;ome of the Creditors of the Bank|rupt, and they pur&s;ued it; and the Lands were &s;old, &amp; after other Creditors pray|ed to be joyned with them: Re&s;olved in this ca&s;e, Fir&s;t, That the Commi&s;&s;io|ners may &s;ell and prepare for di&s;tribu|tion, pre&s;ently upon the execution of the Commi&s;&s;ion, but untill the four months pa&s;t, they may not proceed to di&s;tribution&punc; Secondly, That in this ca&s;e the offer of the Creditors, to be joyned was not an effectual offer, without offer|ing to be contributory to the charge, but to offer any particular &s;um is not nece&s;|&s;ary; and the&s;e words (<HI>for the charge of the Commi&s;&s;ion</HI>) are to be extended to all charges, ari&s;ing in &s;uing forth of the Commi&s;&s;ion, and in execution, and defence thereof. Thirdly, Re&s;olved, That at any time before di&s;tribution, the Creditors may come &amp; pray to be joyn|ed, but after the four months pa&s;t, and di&s;tribution made, they come too late for &s;o the di&s;tribution may be made void'
<PB N="156" REF="79"> <HI>Hutton 37, 38. Ruggles ca&s;e, Hughes Abridgments, 316. Ca&s;e</HI> 2.</P>
<P N="108">(108.) Next, ob&s;erve the time of<NOTE PLACE="marg">Time of di&s;tribu|tion.</NOTE> &s;atisfaction, or di&s;tribution, it &s;eems it mu&s;t not be, untill four months after the Commi&s;&s;ion &s;ued forth; for &s;o much time is given to other Creditors to come in and joyn in the Commi&s;&s;ion, and if the Creditors come not in within that time, the Commi&s;&s;ioners may di&s;tribute, 1 <HI>Jac. chap.</HI> 15.</P>
<P N="109">(109.) The manner of the di&s;tribu|tion: No re&s;pect is to be had to the na|ture<NOTE PLACE="marg">Manner of di&s;tri|bution.</NOTE> of the &s;ecurity, for by 13 <HI>El.</HI> 7. the Commi&s;&s;ioners are to &s;ell, or otherwi&s;e to order the Bankrupts e&s;tate, for true &s;atisfaction and payment of the Credi|tors, rate and rate like, according to the Quantity of his or their debts, 23 <HI>El. chap.</HI> 7. A debt due to the Bankrupt by Bond, cannot be a&s;&s;igned to two of his Creditors joyntly, but part to one and part to another, and by vertue of the Statutes, they may &s;ue &s;everally. <HI>&amp;c. Godbolts Reports,</HI> 195.</P>
<P N="110">(110.) The Commi&s;&s;ioners ought to make a &s;everal di&s;tribution to the Cre|ditors, and not a joynt-&s;ale, for the Act
<PB N="157" REF="79"> &s;aith <NOTE N="&dagger;" PLACE="marg">13 <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> 7.</NOTE> it mu&s;t be to every one, rate, and rate-like, but where a debt is joyntly due, there the Commi&s;&s;ioners may &s;atis|fie the &s;ame, by a joynt &s;ale to them, <HI>Cook, lib. 2. 26. b. Ca&s;e of Bank|rupts.</HI></P>
<P N="111">(111.) All and every Creditor, and Creditors, having &s;ecurity for his or their &s;everal debts by Judgment, Sta|tute, Recognizance, &s;pecialty with pe|nalty, or without penalty, or other &s;ecu|rity, or having no &s;ecurity, or having made attachment in <HI>London,</HI> or any o|ther place, by vertue of any cu&s;tom there u&s;ed of the goods and chattels of any &s;uch Bankrupt, whereof there is no ex|ecution or extent &s;erved and executed, upon any the Lands, Tenements, Here|ditaments, Goods, Chattels, and other e&s;tate of &s;uch Bankrupt, before &s;uch time, as he, or, &s;he, &s;hall or do become Bankrupt, &s;hall not be relieved upon any &s;uch Judgment, Statute, Recognizance, Specialty, Attachments, or other &s;ecu|rity for any more than a <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ateable part, of their ju&s;t and due debts, with the o|ther Creditors of the &s;aid Bankrupts, without re&s;pect to any &s;uch penalty or greater &s;um contained in any Judgment,
<PB N="158" REF="80"> Statute, Recognizance, Specialty, <HI>&amp;c.</HI> or other &s;ecurity, 21 <HI>Jac. chap.</HI> 19. I &s;uppo&s;e &s;ecurity by Mortgage of Lands, cannot be within this Statute, for there is particular provi&s;ion for the &s;ame, in the &s;ame Statute, 21 <HI>Jac.</HI> 19. nor are lands extended as it &s;eems within the &s;aid clau&s;e, by rea&s;on of the words be|fore, [<HI>whereof there is no execution or ex|tent &s;erved or executed.</HI>]</P>
</DIV3>
<DIV3 TYPE="subpart">
<HEAD>The next thing con&s;iderable is, the effect of the di&s;tribution, made by the Com|mi&s;&s;ioners, as afore&s;aid.</HEAD>
<P N="112">(112.) Fir&s;t in general, as to Lands, Tenements, Hereditaments, goods, chat|tels, and other e&s;tate of the Bankrupt: by 13 <HI>Eliz. chap.</HI> 7. It is enacted, That every direction, order, bargain, &s;ale, and things done by the &s;aid per&s;ons, &s;o autho|rized [<HI>viz the Commi&s;&s;ioners or greater number of them</HI>] &s;hall be good and ef|fectual in the Law, to all intents, con&s;tru|ctions and purpo&s;es, again&s;t the &s;aid of|fender or offenders, debtor or debtors, his or their wife or wives, heir and heirs, child and children, and &s;uch per&s;on and per&s;ons, as by joynt purcha&s;e with the &s;aid offender or offenders, &s;hall have any
<PB N="159" REF="80"> e&s;tate, or intere&s;t in the premi&s;es; and again&s;t all other per&s;on and per&s;ons, clai|ming by, from, or under &s;uch offender or offenders, debtor or debtors, by any Act or Acts; had, made, or done, after any &s;uch per&s;on &s;hall become Bankrupt, as afore&s;aid; and al&s;o again&s;t the Lords of the Mannors. <HI>&amp;c. [vide</HI> after for Copy-holds,] 13 <HI>Eliz. chap.</HI> 7. But not to bar any purcha&s;er upon valuable con|&s;ideration, unle&s;s the Commi&s;&s;ion be &s;u|ed forth within five years after the par|ty becomes a Bankrupt; by 21 <HI>Jac. chap.</HI> 19.</P>
<P N="113">(113.) Secondly, As to Lands in|tailed<NOTE PLACE="marg">Lands intay|led.</NOTE> of the Bankrupts: the Statute gives power to the Commi&s;&s;ioners to grant, bargain, and &s;ell by deed in|rolled, Lands, <HI>&amp;c.</HI> intailed of the Bankrupts, [<HI>vide devant, Sect.</HI> 53.] and then adds, that all and every &s;uch grants, bargains, &s;ales, and conveyances &s;hall be good and available in the Law, to &s;uch per&s;on or per&s;ons, and their heirs, again&s;t the &s;aid Bankrupts, and again&s;t all and every the i&s;&s;ue of the bodies, of &s;uch Bankrupts, and again&s;t all, and every per&s;on or per&s;ons, claiming any e&s;tate, right, title, or intere&s;t, by,
<PB N="160" REF="81"> from, or under the &s;aid Bankrupts, after &s;uch time as &s;uch per&s;on &s;hall become Bankrupt, and again&s;t all and every &s;uch per&s;on or per&s;ons what&s;oever, whom the &s;aid Bankrupt, by common Recove|ry, or other way or means might cut off, or debar from any remainder, rever&s;ion; rent, profit, title, or po&s;&s;ibility, into or out of any of the &s;aid Mannors, Lands, Tenements, or hereditaments: 21 <HI>Jac. chap.</HI> 19.</P>
<P N="114">(114.) Thirdly as to the Copy holds,<NOTE PLACE="marg">Copy|hold.</NOTE> the &s;ale and di&s;po&s;iton of them&punc; &s;hall be good again&s;t the Bankrupts, to all intents and purpo&s;es, and again&s;t his or their wife or wives, heir and heirs, in like manner, as before for his other e&s;tate, <HI>Sect.</HI> 45. for there is no di&s;tinct clau&s;e for the Copy-holds; <HI>viz. And al&s;o a|gain&s;t the Lords of the Mannors, where|of the &s;aid Cu&s;tomary, or Copy-hold Lands been holden, their Heirs, Succe&s;|&s;ors, and A&s;&s;igns, and every of them:</HI> and there is a <HI>Provi&s;o</HI> added, That the Ven|dees of &s;uch Copy-holds &s;hall compound for their Fines with the Lords before entry: <HI>vide Sect.</HI> 93. before.</P>
<P N="115">(115.) The &s;ale of the Commi&s;&s;io|ners
<PB N="161" REF="81"> doth ve&s;t the Copy-hold e&s;tate, &s;o in the Vendee before admittance, that the &s;aid Bankrupt cannot be &s;aid to be Tenant; and therefore if he dle before admittance, his wi&s;e &s;hall not have any Cu&s;tomary e&s;tate, which by the cu&s;tom &s;he ought to have, when her husband dies Tenant; the Vendee is only ex|cluded by the Statute from entry, or ta|king of the profits, before compo&s;ition made with the Lord, which is only for the Lords benefit, and not the Copy|holders; al&s;o it was held, that after com|po&s;ition for the time, and the admittance of the Vendee, it &s;hall relate to deve&s;t all Cu&s;tomary e&s;tates happening &s;ince the &s;ale, and before the &s;aid compo&s;ition and admittance. <HI>Crook, part 3. 568, 569. Parker ver&s;. Edith Bleek.</HI></P>
<P N="116">(116.) If two Joynt-tenants be of Copy-hold <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ands in Fee, and the one out of Court according to the cu&s;tom, &s;urrender his part to the Lords hands, according to the cu&s;tom, to the u&s;e of his la&s;t will, and by his will devi&s;eth a part to a &s;tranger in fee; and dieth; and at the next Court the &s;urrender is pre&s;ented&punc; by the &s;urrender and pre&s;entment the Joynture was &s;evered, and the Devi&s;ee
<PB N="162" REF="82"> ought to be admitted to the moiety of the Lands, for now by relation, the &s;tate of the Land was bound by the &s;urren|der. <HI>Cook, &s;ur Litt.</HI> 596.</P>
<P N="117">(117.) As to the debts due to the<NOTE PLACE="marg">Debts due to the Bank|rupt.</NOTE> Bankrupt, The Commi&s;&s;ioners have power to grant, a&s;&s;ign, or otherwi&s;e to order and di&s;po&s;e all or any debts due, or to be due, to, or for the benefit of the Bankrupt, by any per&s;on or per&s;ons what&s;oever, or in what form &s;oever, to the u&s;e of the Bankrupts Creditors, ac|cording to 13 <HI>Eliz. chap.</HI> 7. And that the &s;ame grant, a&s;&s;ignment, or di&s;po&s;ition of the &s;aid debts, &s;hall &s;o ve&s;t the pro|perty, right, and intere&s;t of the &s;aid debt and debts in the per&s;on or per&s;ons to whom the &s;ame &s;hall be &s;o granted, a&s;&s;igned, <HI>&amp;c.</HI> as fully to all intents and purpo&s;es, as if the Bonds, Bills, Sta|tutes, Judgments, or contracts, where|upon &s;uch debt or debts did ari&s;e, or grow, had been made to or with the per|&s;on or per&s;ons to whom the &s;ame &s;hall be &s;o a&s;&s;igned: And that after &s;uch grant, a&s;&s;ignment, or di&s;po&s;ition made of the &s;aid debts, neither the Bankrupt, nor any other to whom any &s;uch debt &s;hall be due, &s;hall have power to recover the &s;ame, nor to make any relea&s;e or di&s;|charge
<PB N="163" REF="82"> thereof, neither &s;hall the &s;ame be attached, as the debt of the Bank|rupt, or &s;uch &s;aid other per&s;on or per|&s;ons to whom the &s;ame &s;hall be due, by any other per&s;on or per&s;ons, according to the cu&s;tom of the City of <HI>London,</HI> or otherwi&s;e, But that the party or par|ties to whom the &s;aid debt &s;hall be a&s;|&s;igned, &s;hall have like remedy to reco|ver the &s;ame, as fully and lawfully in the name, or names of the per&s;on or per&s;ons to whom the &s;ame &s;hall be &s;o granted, a&s;|&s;igned, or ordered by the &s;aid Commi&s;&s;io|ners, in all re&s;pects and purpo&s;es, as the party him&s;elf might have had: 1 <HI>Jac. chap. 15. Provided always, that no deb|tor of the Bankrupt be hereby indangered for the payment of his or their Debt, tru|ly and</HI> bona fide, <HI>to any &s;uch Bankrupt, before &s;uch time as he &s;hall under&s;tand, or know that he is become a Bankrupt,</HI> 1 Jac. chap. 15.</P>
<P N="118">(118.) To give means of Recove|ry; As to the debts of the Bankrupt, a&s;|&s;igned by the Commi&s;&s;ioners; the a&s;&s;ig|nee, &s;hall have the like remedy to reco|ver the &s;ame, as fully and lawfully, as the party him&s;elf. 1 <HI>Jac. chap.</HI> 15.</P>
<P N="119">(119.) The A&s;&s;ignees of the &s;aid debts may &s;ue for them in their own
<PB N="164" REF="83"> names, becau&s;e they are debts, transfer|red by Parliament; but yet notwith|&s;tanding, in ca&s;e the action of debt ari&s;e upon a Contract, the Defendant may wage his Law; for although the Parlia|ment transferred the debt, yet it is no debt upon Record. <HI>Croke, part 2. 105. Brad&s;haws Ca&s;e.</HI> A debt due by bond, a&s;&s;igned to two Creditors &s;everally, they may &s;ue &s;everally for it: <HI>Godbolts Re|ports, fol.</HI> 195.</P>
<P N="120">(120.) As to Lands, <HI>&amp;c.</HI> of the<NOTE PLACE="marg">Lands extend|ed.</NOTE> Bankrupt extended by any pretended debt or accomptant to the King, after &s;uch time as the Bankrupt becomes a Bankrupt; &s;uch per&s;on or per&s;ons to whom the Commi&s;&s;ioners, or major part, &s;hall bargain, &s;ell, grant or a&s;&s;ign the &s;aid Lands, <HI>&amp;c.</HI> &s;hall have good remedy, to demand and recover the &s;ame, again&s;t &s;uch per&s;ons as detain the &s;ame. 21 <HI>Jac. chap.</HI> 19.</P>
<P N="121">(121.) As to Lands, Tenements, <HI>&amp;c.</HI> of the Bankrupts conveyed away upon condition the Commi&s;&s;ioners have power to appoint one or more to per|form the condition, <HI>vide devant, Sect.</HI> 51.<NOTE PLACE="marg">Credi|tor bar|ren.</NOTE></P>
<P N="122">(122.) Another effect of the Com|mi&s;&s;ioners
<PB N="165" REF="83"> di&s;tribution, is to bar the Cre|ditor: if any Creditor of the Bankrupts, &s;hall not be fully &s;atisfied, or otherwi&s;e contented, by &s;uch means as the Statute appointeth, they may have their remedy again&s;t the Bankrupt (as before they had) for the remainder, and &s;hall be on|ly barred for &s;o much as they are &s;atis|fied, or contented for, and no more: 13 <HI>El. cap.</HI> 7.</P>
<P N="123">(123.) La&s;tly, to re&s;tore the ca|pacity<NOTE PLACE="marg">Capaci|ty of Bank|rupts.</NOTE> of the Bankrupt: The Bankrupt to have the overplus of his e&s;tate if any be, after that the Creditors are &s;atisfied. And that the &s;aid Bankrupts after the full &s;atisfaction of the &s;aid Creditors &s;hall have power and authority to recover &amp; receive the re&s;idue and remainder of the Debts to them owing. 1 <HI>Jac. chap.</HI> 15.</P>
<P N="124">(124.) Next ob&s;erve, the accompt of<NOTE PLACE="marg">Re|compt.</NOTE> the Commi&s;&s;ioners to the Bankrupt: &s;uch of the &s;aid Commi&s;&s;ioners as &s;hall put the &s;aid Commi&s;&s;ion in execution &s;hall upon lawful reque&s;t to them made by the Bankrupt, not only make a true declara|tion to the &s;aid Bankrupts of imploying and be&s;towing of their &s;aid Lands, Te|nements, offices, Fees, goods, chattels, and debts &s;o payed and &s;atisfied to their
<PB N="166" REF="84"> &s;aid Creditors, but al&s;o make payment of the overplus of the &s;ame (if any &s;uch be) to the &s;aid Bankrupts, their exe|cutors, admini&s;trators, or a&s;&s;igns. 13 <HI>Eliz. chap.</HI> 7.</P>
<P N="125">(125.) Remedy for the Commi&s;&s;io|ners in any action brought again&s;t them for acting by force of the &s;aid Statutes, they may plead not guilty, and ju&s;tifie by the authority of the &s;aid Acts, and the Plaintiff to reply <HI>de &s;on tort de me&s;me:</HI> and if the Verdict pa&s;s for the defen|dant, he &s;hall have Co&s;ts: 1 <HI>Jac. cap.</HI> 15.</P>
</DIV3>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<PB N="167" REF="84">
<HEAD>THE TABLE.</HEAD>
<LIST>
<ITEM>AB&s;enting him&s;elf makes a Bankrupt, <HI>Sect. 2, 12, 13, 14.</HI></ITEM>
<ITEM>Accompt made by the Commi&s;&s;ioners to the Bankrupt, <HI>Sect. 124.</HI></ITEM>
<ITEM>Allowance made to Witne&s;ses appearing before the Commi&s;&s;ioners, <HI>Sect. 87.</HI></ITEM>
<ITEM>Appearance of the Bankrupt before the Commi&s;&s;ioners, and their power to in|force it, <HI>Sect. 30, 39.</HI> of other per&s;ons &s;u&s;pected to have any of the Bankrupts goods, <HI>Sect. 78.</HI></ITEM>
<ITEM>Apprai&s;ement of the Bankrupts E&s;tate, <HI>Sect. 88.</HI></ITEM>
<ITEM>Arre&s;t, a Trader &s;uffering him&s;elf wil|lingly to be arre&s;ted, makes him a Bank|rupt, <HI>Sect. 21.</HI></ITEM>
<ITEM>Attachment of a Traders goods makes him a Bankrupt, <HI>Sect. 16. 17.</HI></ITEM>
<ITEM>Authority of Commi&s;&s;ioners immediately appointed by Act of Parliament, <HI>Sect. 29, 30,</HI> &amp;c. of Commi&s;&s;ioners mediately appointed by Lord Chancellor, <HI>Sect. 39, 40.</HI></ITEM>
</LIST>
<LIST>
<PB N="168" REF="85">
<HEAD>B</HEAD>
<ITEM>BAil, coming out of pri&s;on upon com|mon Bail&punc; make a Bankrupt, <HI>Sect. 22.</HI></ITEM>
<ITEM>Bankrupt, his name, <HI>Sect. 1.</HI> his De&s;crip|tion in general, <HI>Sect. 2.</HI> more parti|cularly from <HI>Sect. 4.</HI> to 26. his inca|pacity, <HI>Sect. 28.</HI> Proceeding again&s;t him by per&s;ons immediately authorized by Parliament, <HI>Sect. 29, 31, 32.</HI> By per&s;ons mediately authorized as Com|mi&s;&s;ioners, <HI>Sect. 36.</HI> their authority, as to the Bankrupts per&s;on, <HI>Sect. 39.</HI> his E&s;tate, 43, <HI>u&s;que ad 49.</HI> his capa|city re&s;tored, <HI>Sect. 123.</HI></ITEM>
<ITEM>Barr, The effect of the Commi&s;&s;ioners di&s;|po&s;ing of the Bankrupts E&s;tate to bar others, <HI>Sect. 112, 113.</HI></ITEM>
</LIST>
<LIST>
<HEAD>C</HEAD>
<ITEM>CApacity of the Bankrupt taken away <HI>Sect. 28.</HI> re&s;tored, <HI>Sect. 123.</HI></ITEM>
<ITEM>Chattels of the Bankrupt to be di&s;po&s;ed by the Commi&s;&s;ioners, <HI>Sect. 59, 61, 62, 63, &amp;c.</HI></ITEM>
<ITEM>Clothier may be within the Stat. of Bank|rupts, <HI>Sect. 11.</HI></ITEM>
<PB N="169" REF="85">
<ITEM>Commi&s;&s;ion of Bankrupts granted by the Lord Keeper, <HI>Sect. 36.</HI> within what time, and duration of it, <HI>Sect. 36.</HI></ITEM>
<ITEM>Commi&s;&s;ioners of Bankrupts, how made, <HI>Sect. 36.</HI> their authority. 39. &amp;c. their accompt to the Bankrupt, <HI>Sect. 124.</HI></ITEM>
<ITEM>Compo&s;ition, endeavouring to inforce a Compo&s;ition by a Trader makes him a Bankrupt, <HI>Sect. 24.</HI></ITEM>
<ITEM>Condition, Commi&s;&s;ioners may fulfil it, <HI>Sect. 51.</HI></ITEM>
<ITEM>Copy-holds, valuable by the Commi&s;&s;io|ners, <HI>Sect. 45.</HI> Di&s;tribution of them, 114, 115, 116.</ITEM>
<ITEM>Creditors, orders taken by the Commi&s;&s;io|ners as to their &s;atisfaction, <HI>Sect. 88, 89, &amp;c.</HI> the effect of the di&s;tribution, <HI>Sect. 112, 113.</HI></ITEM>
</LIST>
<LIST>
<HEAD>D</HEAD>
<ITEM>DEbts due to the Bankrupt &s;aleable <HI>Sect. 68, 69.</HI> the remedy the per|&s;ons to whom they are &s;aleable have to recover them, <HI>Sect. 117, 118, 119.</HI></ITEM>
<ITEM>Di&s;covery of the Bankrupts E&s;tate, <HI>Sect. 32.</HI> breaking open Doors, <HI>&amp;c.</HI> 72. ex|amination of Per&s;ons, <HI>Sect. 73.</HI> Pu|ni&s;hment, <HI>Sect. 74.</HI> Examination of
<PB N="170" REF="86"> Bankrupts wife, <HI>Sect. 77.</HI> other per|&s;ons, <HI>Sect. 78.</HI> Puni&s;hment of them, Sect. <HI>79, 80, 82, 83, 84, 85.</HI></ITEM>
<ITEM>Di&s;po&s;ition of the Bankrupts E&s;tate by the Commi&s;&s;ioners, <HI>Sect. 88, 89.</HI> of what, 90. in what manner, 91. as to Lands in tail, 92. Copy-hold, <HI>Sect. 93, 94.</HI> Lands made over upon Condition, <HI>Sect. 96.</HI> Debts, 98. to what Creditors, 99. <HI>&amp;c.</HI> not within four months, <HI>Sect. 107.</HI> manner of Di&s;tribution, <HI>Sect. 109.</HI> effect thereof, <HI>Sect. 112.</HI></ITEM>
</LIST>
<LIST>
<HEAD>E</HEAD>
<ITEM>EScape out of Pri&s;on makes a Bank|rupt, <HI>Sect. 22.</HI></ITEM>
<ITEM>Effect of the Commi&s;&s;ioners di&s;tribution, as to Lands, <HI>Sect. 112, 113.</HI> Copy|hold, 114, 115, 116. as to Bank|rupts Debts, 117, 118, 119. to bar the Creditor, <HI>Sect. 122.</HI> to re&s;tore the Bankrupts capacity. <HI>Sect. 123.</HI></ITEM>
<ITEM>E&s;tate of the Bankrupt &s;ubject to &s;ale: as &s;uch as was by him joyntly purcha|&s;ed, <HI>Sect. 46.</HI> not what was conveyed by him away before he became Bank|rupt, <HI>Sect. 57.</HI> Al&s;o the Bankrupts Chattels are &s;aleable by the Commi&s;|&s;ioners, <HI>Sect. 59, 61, 62, 63.</HI> Goods
<PB N="171" REF="86"> extended, 65. Goods of which the Bankrupt di&s;po&s;ed as his own. <HI>Sect. 66.</HI></ITEM>
<ITEM>Examination of the Bankrupt him&s;elf touching his E&s;tate, <HI>Sect. 73.</HI> Of his Wife, <HI>Sect. 77.</HI> Of per&s;ons &s;u&s;pected to have the Bankrupts E&s;tate, <HI>Sect. 78.</HI></ITEM>
<ITEM>Expo&s;ition of Statutes made again&s;t Bank|rupts; They are to be largely and beneficially expounded, for the relief of Creditors, <HI>Sect. 27.</HI></ITEM>
</LIST>
<LIST>
<HEAD>F</HEAD>
<ITEM>FEme Covert, &s;ole Merchant, within the Statute of Bankrupts, <HI>Sect. 8.</HI> power of the Commi&s;&s;ioners to examine the Bankrupts Feme, 77.</ITEM>
<ITEM>Forfeiture, for refu&s;ing to be examined by the Commi&s;&s;ioners, or delivering the truth to them, <HI>Sect. 32. 81.</HI></ITEM>
<ITEM>Fraud, fraudulent Gifts make the Giver a Bankrupt, <HI>Sect. 25.</HI> the Bankrupts fraud puni&s;hed, <HI>Sect. 76.</HI> fraudulent Recoveries again&s;t him, <HI>Sect. 34.</HI></ITEM>
</LIST>
<LIST>
<HEAD>G</HEAD>
<ITEM>GRa&s;ier, within the Statute of Bank|rupts, <HI>Sect. 10.</HI></ITEM>
</LIST>
<LIST>
<PB N="172" REF="87">
<HEAD>H</HEAD>
<ITEM>HIding him&s;elf, makes a Bankrupt, <HI>Sect. 12. 14.</HI></ITEM>
</LIST>
<LIST>
<HEAD>I</HEAD>
<ITEM>IMpri&s;onment; Power of Commi&s;&s;io|ners to impri&s;on the Bankrupt, <HI>Sect. 39.</HI> other per&s;ons, <HI>Sect. 73.</HI></ITEM>
<ITEM>Joynt-tenants, whether &s;ale made by Commi&s;&s;ioners, prevents &s;urvivor-&s;hip, <HI>Sect. 44.</HI> Lands &s;aleable, which were joyntly purcha&s;ed by the Bankrupt, <HI>Sect. 46.</HI></ITEM>
<ITEM>Inn-keeper, not within the Statute of Bankrupts, <HI>Sect. 5.</HI></ITEM>
<ITEM>Intail'd Lands of the Bankrupt, &s;ubject to the Statutes, <HI>Sect. 53.</HI></ITEM>
</LIST>
<LIST>
<HEAD>K</HEAD>
<ITEM>KEeping in his hou&s;e, makes a Bank|rupt, <HI>Sect. 12. 14.</HI></ITEM>
</LIST>
<LIST>
<HEAD>L</HEAD>
<ITEM>LImitation of Ac<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ions, whether that Statute extends to Bankrupts debts, <HI>Sect. 70.</HI></ITEM>
</LIST>
<LIST>
<PB N="173" REF="87">
<HEAD>M</HEAD>
<ITEM>MErchant, what Merchant is with|in the Statute of Bankrupts, <HI>Sect. 4, 5, 6, 7,</HI> &amp;c.</ITEM>
<ITEM>Mortgagee, may chu&s;e whether he will come in as a Creditor, <HI>Sect. 103.</HI></ITEM>
</LIST>
<LIST>
<HEAD>O</HEAD>
<ITEM>OFfices &s;aleable by Commi&s;&s;ioners, <HI>Sect. 60.</HI></ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM>PErjury, of the Bankrupt him&s;elf, how puni&s;hable, <HI>Sect. 75.</HI> of other per|&s;ons, <HI>Sect. 82.</HI> procurement of Per|jury, 82.</ITEM>
<ITEM>Petition, to inforce Creditors to com|pound, makes the Petitioner a Bank|rupt, <HI>Sect. 24.</HI></ITEM>
<ITEM>Pri&s;on, yielding him&s;elf to Pri&s;on, and lying there 6 months, makes a Bank|rupt, <HI>Sect. 19, 20, 21. vide</HI> Ar|re&s;t.</ITEM>
<ITEM>Proclamation made for the Bankrupt, <HI>Sect. 39,</HI></ITEM>
<ITEM>Property, how the &s;ale and di&s;tribution
<PB N="174" REF="88"> made by the Commi&s;&s;ioners ve&s;teth the property, <HI>Sect. 112, 113, 114,</HI> &amp;c.</ITEM>
<ITEM>Protection obtained makes a Bankrupt, <HI>Sect. 23.</HI></ITEM>
<ITEM>Puni&s;hment of a Bankrupt, he &s;hall be out of the Kings protection, <HI>Sect. 31. 39.</HI></ITEM>
<ITEM>Pillory, 75, 76. of the Bankrupts Wife, <HI>Sect. 77.</HI> other per&s;ons, <HI>Sect. 79,</HI> &amp;c.</ITEM>
</LIST>
<LIST>
<HEAD>Q</HEAD>
<ITEM>Q&V;ality of any per&s;on, exempts not him out of the Commi&s;&s;ion of Bankrupts, if he be a Trader, <HI>Sect. 7.</HI></ITEM>
</LIST>
<LIST>
<HEAD>R</HEAD>
<ITEM>REcovery, means of Recovery of the Debts of the Bankrupt a&s;&s;igned over, <HI>Sect. 118.</HI></ITEM>
<ITEM>Relation, in what ca&s;e the party &s;hall be judged a Bankrupt from the time of his Arre&s;t, <HI>Sect. 22.</HI></ITEM>
</LIST>
<LIST>
<HEAD>S</HEAD>
<ITEM>SAle, the Commi&s;&s;ioners authority to &s;ell the Bankrupts E&s;tate, <HI>Sect. 35.</HI> of what E&s;tate, <HI>Sect, 43, 44, 45,</HI> &amp;c. to whom 89. in what manner, <HI>Sect. 91.</HI>
<PB N="175" REF="88"> &amp;c. the effect of their &s;ale, <HI>Sect. 112.</HI></ITEM>
<ITEM>Sanctuary, keeping of Sanctuary, makes a Bankrupt, <HI>Sect. 15.</HI></ITEM>
<ITEM>Satisfaction, <HI>vide</HI> di&s;po&s;ition.</ITEM>
<ITEM>Shoomaker, may be within the Statute of Bankrupt, <HI>Sect. 5.</HI></ITEM>
<ITEM>Scrivener may be a Bankrupt, <HI>Sect. 11.</HI></ITEM>
</LIST>
<LIST>
<HEAD>T</HEAD>
<ITEM>TAil, Lands intailed &s;aleable, <HI>Sect. 53. 92.</HI></ITEM>
<ITEM>Taylor, not within the Statutes of Bank|rupt, <HI>Sect. 6.</HI></ITEM>
<ITEM>Tru&s;t, Lands made over in Tru&s;t for the Bankrupt, &s;aleable by the Commi&s;&s;io|ners, <HI>Sect. 48.</HI></ITEM>
</LIST>
<LIST>
<HEAD>U</HEAD>
<ITEM>UTlagary, a Traders &s;uffering him|&s;elf to be outlawed, makes him a Bankrupt, <HI>Sect. 18.</HI></ITEM>
</LIST>
<LIST>
<HEAD>W</HEAD>
<ITEM>WArning, left for a Bankrupt to ap|pear before the Commi&s;&s;ioners, being not ob&s;erved, he may be pro|claimed a Bankrupt, <HI>Sect. 40.</HI></ITEM>
<ITEM>Witne&s;&s;es, their allowance, <HI>Sect. 87.</HI></ITEM>
</LIST>
<TRAILER>The End.</TRAILER>
</DIV1>
<DIV1 TYPE="half title">
<PB REF="89">
<PB REF="89">
<P>THE RESOLUTIONS OF THE Judges, Upon 13 <HI>Eliz.</HI> and 27 <HI>Eliz.</HI> the Sta|tutes touching Fraudulent Conveyances. By Way of APPENDIX; By The Same Author.</P>
</DIV1>
<DIV1 TYPE="appendix">
<PB REF="90">
<PB N="179" REF="90">
<HEAD>The Re&s;olutions of the Judges, <HI>&amp;c.</HI></HEAD>
<P N="1">(1.) THe Statute of 13 <HI>El. cap.</HI> 5. is<NOTE PLACE="marg">Fraudu|lent Convey|ances, 13 <HI>El. Chap. 5.</HI></NOTE> made perpetual by 25 <HI>El. cap.</HI> 5. The words are; For the a|voiding and aboli&s;hing of feigned Conveyances, covenous and fraudulent Feoffments, Gifts, Grants, and Alie|nations, Conveyances, Bonds, Suits, Judgments and Executions, as well of Lands and Tenements, as of Goods and Chattels; which have been and are contrived or devi&s;ed of malice, fraud, coven, collu&s;ion or guile; to the end to delay, hinder or defraud Creditors and others of their ju&s;t and lawful Actions, Suits, Debts, Accompts, Demages, Penalties, Forfeitures, Her|riots, Mortuaries, and Reliefs; not on|ly to the let or hindrance of the due cour&s;e and execution of Law and Ju|&s;tice: but al&s;o to the overthrow of all true and plain dealing between man and man, <HI>&amp;c.</HI></P>
<PB N="180" REF="91">
<P N="2">(2.) Be it therefore declared, ordain|ed and enacted, that all and every Feoff|ment, Gift, Grant, Alienation, Bargain and Conveyance of Lands, Tenements, Hereditaments, Goods and Chattels, or any of them; or any Lea&s;e, Rent, Com|mons, or other profit or charge out of the &s;ame, or any of them, by writing or otherwi&s;e; and all and every Bond, Suit, Judgment and Execution, at any time had or made &s;ince the beginning of the &s;aid Queens Reign, or at any time here|after to be had or made to or for any in|tent or purpo&s;e before declared and ex|pre&s;&s;ed; &s;hall be from henceforth deem|ed and taken [only again&s;t the per&s;ons their Heirs, Succe&s;&s;ors, Executors, Ad|mini&s;trators and A&s;&s;igns, who&s;e Actions, Suits, Accompts, Damages, <HI>&amp;c.</HI> by &s;uch Practi&s;es, may or &s;hall be in any ways di&s;turbed] to be clearly and utterly void: Any pretence, colour, feigned con&s;i|deration, expre&s;&s;ion or u&s;e, other matter or thing to the contrary notwith&s;tand|ing</P>
<P N="3">(3.) And be it further enacted, That all and every the parties, to &s;uch feigned, covenous, or fraudulent Feoffment, Gift, Grant, Alienation. Bargain, Con|veyance, Bonds, Suits, <HI>&amp;c.</HI> and other
<PB N="181" REF="91"> things before expre&s;&s;ed; and being pri|vy, and knowing of the &s;ame, or any of them, which at any time after the <HI>10th</HI> day of <HI>June</HI> next coming, &s;hall witting|ly and willingly put in ure, avow, main|tain, ju&s;tifie or defend the &s;ame, or any of them, as true, &s;imple, and done, or made <HI>bona fide,</HI> and upon good con&s;i|deration; or &s;hall alien or a&s;&s;ign any of the Lands, Tenements, Goods, Lea&s;es, or other things before mentioned, to him or them conveyed as afore&s;aid, or any part thereof; &s;hall incur the penal|ty and forfeiture of one years value of the &s;aid Lands, Tenements, Heredita|ments, Lea&s;es, Rents, Commons, or other profits out of the &s;ame; and the whole value of the &s;aid Goods and Chat|tels, and &s;o much money as &s;hall be con|tained in any &s;uch covenous and feigned Bond: The one moiety thereof to the Queens Maje&s;ty, the other to the party grieved, by &s;uch feigned and frau|dulent Gift, Grant, <HI>&amp;c.</HI> to be recovered in any of the Queens Courts of Record, by Debt, Bill, Plaint, or Information; wherein no e&s;&s;oin, protection, or wa|ger of Law &s;hall be admitted for the De|fendant or Defendants: And he al&s;o, being lawfully convicted, &s;hall &s;uffer im|pri&s;onment
<PB N="182" REF="92"> for half a year, without Bail or main pri&s;e.</P>
<P N="4">(4.) Provi&s;oes: Fir&s;t, that the Sta|tute<NOTE PLACE="marg">What the Sta|tute ex|tends not to.</NOTE> &s;hall not extend to common Reco|veries, <HI>&amp;c.</HI> Secondly, nor to any per&s;on or per&s;ons that &s;hall u&s;e any voucher in <HI>Formedon.</HI> Thirdly, Nor to any Con|veyances made upon good con&s;idera|tion, and <HI>bonafide</HI> to any per&s;on or per|&s;ons, corporation, <HI>&amp;c.</HI> without covin, <HI>&amp;c.</HI></P>
<P N="5">(5.) Between <HI>Pauncefoot</HI> and <HI>Blunt</HI><NOTE PLACE="marg">Gift made by a Papi&s;t.</NOTE> in the <HI>Chequer Chamber,</HI> the ca&s;e was; <HI>Pauncefoot</HI> being a Papi&s;t, was indicted for his Recu&s;ancie, and he made a gift of all his Lea&s;es and Goods upon coloura|ble con&s;ideration, and fled beyond Sea, and was after outlawed upon the &s;aid In|dictment; and &s;ome thought, that by the Common Law, the &s;aid gift was void, in regard it was in prejudice of the Queen; but all agreed that the &s;aid Sta|tute of 13 <HI>Eliz.</HI> extends to it; for it extends not only to Creditors, but to all &s;uch as have any cau&s;e of action or &s;uit, or any penalty or forfeiture: And it was al&s;o re&s;olved, that this word, Forfeiture, &s;hall be intended, not only of a forfeiture upon an Obligation, Recognizance, <HI>&amp;c.</HI>
<PB N="183" REF="92"> but to every thing lawfully forfeited to the King, or a Subject: and therefore<NOTE PLACE="marg">Felo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></NOTE> if a man to prevent a forfeiture by felo|ny, or outlawry, makes a gift of all his Goods, and after is attained or outlaw|ed, the&s;e Goods are forfeited, notwith|&s;tanding the Gift, <HI>Cook, lib.</HI> 3. 82.<NOTE PLACE="marg">Per Heir of Deb|tor.</NOTE></P>
<P N="6">(6.) It was held, that the Statute of 13 <HI>Eliz. cap.</HI> 5. extends to a fraudulent conveyance made by the Heir of the Debtor, of lands de&s;cended to him from his decea&s;ed Ance&s;tor, as well as by the Debtor him&s;elf; for in &s;uch ca&s;e the Heir is Debtor, and the Writ again&s;t him is in the <HI>debet</HI> and <HI>detinet,</HI> whereas again&s;t an Executor it is in the <HI>detinet</HI> only, <HI>Croke,</HI> part 1. 350. <HI>p.</HI> 1.</P>
<P N="7">(7.) It was found by a &s;pecial Ver|dict;<NOTE PLACE="marg">Gift up|on Con|dition.</NOTE> That a Te&s;tator was &s;eized of di|vers Goods, to the value of <HI>250l.</HI> and by covin to defraud his Creditors, he made a gift of the &s;aid Goods to his Daughters, with a condition, that upon payment of 20 <HI>s.</HI> it &s;hould be void, and dyed; this was held to be a fraudulent gift, by 13 <HI>Eliz. cap.</HI> 5. and that not|with&s;tanding it, the Goods continued <HI>A&s;&s;ets, Croke,</HI> part 1. 810. <HI>p. 16. Bethel</HI> and <HI>dw. Stanbope.</HI></P>
<PB N="184" REF="93">
<P N="8">(8.) An Executrix makes a fraudu|lent<NOTE PLACE="marg">Gift by Execu|trix, who conti|nues po&s;&s;e&s;&s;i|on.</NOTE> gift of the goods of the Te&s;tator, and inter-marrieth; and her husband taketh upon him payment of Debts, <HI>&amp;c.</HI> The Goods being &s;till in their po&s;&s;e&s;&s;ion, were held to be &s;till <HI>A&s;&s;ets, Croke,</HI> part 1. 406. <HI>p. 16. Wilcotts,</HI> ver&s;. <HI>Wat&s;on.</HI></P>
<P N="9">(9.) A man maketh a Lea&s;e for 80<NOTE PLACE="marg">Con&s;i|derati|on.</NOTE> years of Lands, without any con&s;idera|tion; and he after &s;etleth a Joynture upon his Wife of the &s;ame Lands; &s;he could not avoid that Lea&s;e, becau&s;e the Conveyance to her was likewi&s;e volun|tary, and without any valuable con&s;ide|ration, <HI>Croke,</HI> part 1. 445. <HI>p. 8. &V;pton</HI> and <HI>Ba&s;&s;ett.</HI></P>
<P N="10">(10.) <HI>Pierce</HI> was in debt to <HI>Twine</HI><NOTE PLACE="marg">Gift pending a writ.</NOTE> 400 <HI>l.</HI> and to <HI>C. 200 l. C.</HI> brought Debt again&s;t <HI>Pie<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ce,</HI> and pending the Writ, <HI>Pierce</HI> being po&s;&s;e&s;s'd of goods to the va|lue of 300 <HI>l.</HI> in &s;ecret makes a general gift of all his Goods and Chattels, real and per&s;onal what&s;oever, to <HI>Twine,</HI> in &s;a|tisfaction of his debt; and yet notwith|&s;tanding <HI>Pierce</HI> continueth in po&s;&s;e&s;&s;ion, and &s;ome of them he &s;old, and he marked the &s;heep with his own mark: And af|ter
<PB N="185" REF="93"> <HI>C.</HI> had a Judgment again&s;t <HI>Pierce,</HI> and a <HI>Fieri Facias</HI> to the Sheriff, who coming to make execution by force of the Writ, divers per&s;ons by <HI>Twines</HI> Com|mand re&s;i&s;ted the Sheriff, claiming the goods as <HI>Twines</HI> by force of the &s;aid gift: and this was re&s;olved to be a fraudulent gift; and that in the &s;aid ca&s;e there were<NOTE PLACE="marg">Marks of Fraud.</NOTE> the&s;e &s;everal marks of fraud: Fir&s;t, the gift is general, without any exception, &s;o much as of wearing apparel: Second|ly, the Donor continueth in po&s;&s;e&s;&s;ion: Thirdly, it was &s;ecret: Fourthly, it was made pending the writ: Fifthly, here was a Tru&s;t between the parties, for the donor &s;till u&s;eth the goods as his own: Sixthly, the words of the Deed are, that it was made hone&s;tly, truly, and <HI>bona+fide, &amp; clau&s;ulae incon&s;uetae inducunt &s;u&s;picionem,</HI> Cooke, lib. 3. 81. Twines ca&s;e.</P>
<P N="11">(11.) Secondly, it was re&s;olved in<NOTE PLACE="marg">Con&s;i|deration <HI>bona fide.</HI></NOTE> the &s;ame ca&s;e, that although here were a Debt due to <HI>Twine,</HI> and a good con&s;i|deration of a gift, yet it was not aided by the &s;ame Provi&s;o in 13 <HI>Eliz.</HI> which was, that the &s;aid Act &s;hould not extend to any E&s;tate or E&s;tates made upon good con&s;ideration, and <HI>bona fide;</HI> for this is not <HI>bona fide,</HI> becau&s;e it is upon a Tru&s;t,
<PB N="186" REF="94"> and no gift &s;hall be con&s;trued, to be <HI>bo|na fide,</HI> within the &s;aid Statute, that is made upon a Tru&s;t, <HI>Cooke, lib. 3. 81. Twines</HI> ca&s;e.</P>
<P N="12">(12.) And it is my Lord <HI>Cookes</HI> ad|vice<NOTE PLACE="marg">Advice touch|ing Gifts.</NOTE> in the &s;aid ca&s;e, that when any gift is to be made in &s;atisfaction of a debt: Fir&s;t, that it be publickly done before Neighbours: Secondly, that the goods, <HI>&amp;c.</HI> given, be apprai&s;ed by hone&s;t men: Thirdly, that the Donee pre&s;ently after the gift, take po&s;&s;e&s;&s;ion; for the continu|ance of po&s;&s;e&s;&s;ion in the Donor, is a mark of Tru&s;t, <HI>Cooke, lib. 3. 81. Twines</HI> ca&s;e.</P>
<P N="13">(13.) One held divers lands of di|vers Lords by <HI>Herriot</HI> cu&s;tom; and to defraud one of the Lords of his <HI>Herriot,</HI> he made a fraudulent gift of all his bea&s;ts <HI>Herriottable, viz.</HI> of 20 Hor&s;es: The Lord, who was hereby grieved, bringeth Debt upon 13 <HI>Eliz. tam pro Domina Re|gina quam pro &s;eip&s;o,</HI> demanding the va|lue of the 20 Hor&s;es; and by <HI>Dyer</HI> and <HI>Harper,</HI> it was well &s;aid, by intendment of the Statute; for it may be, he &s;hall never come to &s;eize his <HI>Herriot,</HI> and if he &s;hall recover but the value, the Queen &s;hall have the one Moiety: But <HI>Man|wood</HI>
<PB N="187" REF="94"> held <HI>contra;</HI> for the other Lords are as recompen&s;able for their <HI>Herriots,</HI> as the Plaintiff: and <HI>Harper</HI> held, that all the Lords might joyn in an action; but <HI>quere,</HI> &s;aith <HI>Dier, 35 1. p.</HI> 23.</P>
<P N="14">(14.) Upon communication of mar|riage<NOTE PLACE="marg">Provi&s;o, to deter|mine, &amp;c.</NOTE> between Sir <HI>R. G.</HI> and the Lady <HI>S.</HI> the &s;aid Sir <HI>R. G.</HI> promi&s;ed, before the af|fiance, to a&s;&s;ure unto her 1000 <HI>l. per an.</HI> for her Joynture (his e&s;tate being then 12000 <HI>l. per an.</HI>) and thereupon &s;he married him, without any a&s;&s;urance or covenant in that behalf: After, he con|veyed by Deed lands of great value to &s;ome friends of the Ladies [then his Wife] to the u&s;e of the &s;aid Lady for term of 100 years, if &s;he &s;o long lived, to commence after his death, and it was indor&s;ed on the back of the Deed, that the intent was, that when there &s;hould be a Joynture of 1000 <HI>l. per an.</HI> &s;etled on her, according to the fir&s;t agreement, the Lea&s;e &s;hould be void: and it was held, that this was no fraudulent Lea&s;e, not|with&s;tanding the Provi&s;o, to determine it at the Husbands will; for the Court took diver&s;ity between the ca&s;e above, and when a Lea&s;e is made with a Provi&s;o, That if the Le&s;&s;or pay 10 <HI>s. &amp;c.</HI> the
<PB N="188" REF="95"> Lea&s;e to be void, becau&s;e in the later ca&s;e, the &s;mallne&s;s of the &s;um payable, makes it apparent to be only a power of revocation; and &s;uch a Lea&s;e a purcha|&s;er &s;hall avoid; And the Court held, that the Lea&s;e afore&s;aid being made in pur&s;uance of the fir&s;t promi&s;e, although no mention of a Lea&s;e was therein made, yet it was grounded upon a good con|&s;ideration, and not fraudulent: And although it was objected, that the Lady had concealed the Lea&s;e, during her Husbands life, and therefore it &s;hould be fraudulent, <HI>&amp;c.</HI> yet, it was an&s;wered thereunto by the Chief Ju&s;tice; That actions ought to have their re&s;ort to the fir&s;t original, and the Lea&s;e being good at the fir&s;t, the concealment cannot make it ill, <HI>Croke,</HI> part 2. 455. <HI>p. 13. Dame Griffin,</HI> ver&s;. <HI>Stanhope.</HI></P>
<P N="15">(15.) <HI>Scire Facias</HI> [upon a Judg|ment<NOTE PLACE="marg">Evi|dence.</NOTE> in Debt, again&s;t <HI>T. H.</HI> who died] again&s;t the <HI>Terre</HI> Tenants, they pleaded a Feoffment made by <HI>T. H.</HI> long before the Judgment, <HI>ab&s;q, hoc,</HI> that he was &s;ei|zed at the time of the Judgment, or af|ter: and i&s;&s;ue being thereupon taken, the Jury found the Feoffment, &amp; that it was made by covin to defraud the Plaintiff
<PB N="189" REF="95"> and other Creditors; and judged for the Plaintiff, for <HI>T. H.</HI> remained &s;till &s;eized as to the Creditors, notwith&s;tanding the Feoffment: But if i&s;&s;ue had been di+rectly taken, enfeoffed, or not enfeoffed, it had been found again&s;t the Plaintiff; for in &s;uch ca&s;e, he mu&s;t avoid the Feoff|ment, by covin, &s;pecially pleaded: but here the I&s;&s;ue being &s;eized or not &s;eized by the Feoffment, the covin may be gi|ven in evidence, <HI>Hobert,</HI> fol. 72. <HI>Hum|berton</HI> ver&s;. <HI>Howgill.</HI></P>
<P N="16">(16.) Debt brought by <HI>Hawes ver&s;.</HI><NOTE PLACE="marg">Fraudu|lent gifts of Goods.</NOTE> <HI>Leader</HI> as Admini&s;trator of <HI>Tho. Cook|&s;on:</HI> the Ca&s;e was, that <HI>Tho. Cookson</HI> for 20 <HI>l.</HI> did grant unto the Plaintiff all his Goods mentioned in a Schedule, annex|ed to the Deed, and gave po&s;&s;e&s;&s;ion by a Pewter-di&s;h, with a covenant &s;afely to keep them, and to deliver them unto the Plaintiff upon demand, and bound him|&s;elf in 40 <HI>l.</HI> to perform the Covenant; <HI>Tho. Cookson</HI> dies, and the Plaintiff de|mands of the Defendant (being the Ad|mini&s;trator of <HI>Cookson</HI>) the goods, who refu&s;ed to deliver them, and hereupon the Plaintiff brought his action; the De|fendant pleaded the Statute of 13 <HI>Eliz. cap.</HI> 5. and that <HI>Cookson</HI> was indebted to
<PB N="190" REF="96"> divers in &s;ums amounting to 100 <HI>l.</HI> [na|ming in particular, the per&s;ons and the &s;ums] and being &s;o indebted, makes the &s;aid gift, being then of tho&s;e and other goods po&s;&s;e&s;s'd, to the value of 80 <HI>l.</HI> and no more; and that the Deed was made by fraud between them, to de|ceive his Creditors, and the Plaintiff de|murred: Fir&s;t, becau&s;e the Defendant avers not that the Debts were unpaid: Secondly, becau&s;e he doth not &s;hew that the debts were due by Specialty, for an Admini&s;trator is not liable to other debts: Thirdly, the Defendant &s;uppo|&s;eth, that the delivery of the goods would be a <HI>deva&s;tavit</HI> in him which cannot be; for the goods in the Plaintiffs hands, are lyable to Creditors, as Executor, <HI>de &s;on tort deme&s;ne,</HI> if the Deed be fraudulent: Fourthly, It may be the Creditors will never &s;ue, and then the Defendant might detain the goods for ever, which is in|convenient: Fifthly, the Defendant is not a per&s;on enabled by 13 <HI>Eliz.</HI> to plead that Plea; for the Statute makes the Deed void only again&s;t Creditors, but not again&s;t the party him&s;elf, his Execu|tors, or Admini&s;trators, judged for the Plaintiff, <HI>Croke,</HI> part 2. 270. <HI>p. 3. Hawes ver&s;. Lea&s;der.</HI></P>
<PB N="191" REF="96">
<P N="17">(17.) This fraud need not be plead|ed:<NOTE PLACE="marg">Fraud need not be plea|ded, but given in evi|dence.</NOTE> In debt brought again&s;t the heir up|on an obligation made by his father, the defendant pleaded nothing by de&s;cent; and it was found that before the &s;uit be|gun, the defendant had made a Feoff|ment in Fee of all his Lands, to defraud the Plaintiff of his action, but this fraud was not pleaded: Re&s;olved by the Court, it need not be pleaded &s;pecially, but only given in evidence: Fir&s;t, be|cau&s;e 13 <HI>Eliz.</HI> provides generally, that the e&s;tate as to the Creditors &s;hall be void; and Acts of Parliament made to &s;uppre&s;s fraud, &s;hall be favourably inter|preted. Secondly, fraud, and covin are &s;o privily hatched, that the party grieved hath no means to find them out, and then to force the Plaintiff, who is a &s;tranger to plead it, would be again&s;t rea&s;on, <HI>Cook. lib. 5. 60. Gooches Ca&s;e.</HI></P>
<P N="18">(18.) The Court &s;hall not intend<NOTE PLACE="marg">Fraud not in|tendible by the Court.</NOTE> fraud, where it is not found by the Jury: <HI>A.</HI> &s;eized of Lands in Fee, holden of <HI>I. L.</HI> of his Mannor of <HI>H.</HI> by Fealty, Rent, and rendring the be&s;t bea&s;t, after the death of every Tenant in Fee-&s;imple; <HI>A.</HI> by Deed in con&s;ideration of love to his Son and heir apparent, and a marri|age
<PB N="192" REF="97"> between his Son and <HI>B.</HI> and for the Sons advancement, infeoffs his &s;aid Son of the &s;aid Land: the Son afterward to the end <HI>B.</HI> &s;hould not be endowed du|ring his fathers life, re-demi&s;eth the Land to his father for 40 years, if he lived &s;o long; The marriage took effect, the Son did his &s;uit&punc; and after the Feoffment, the father paid the Lords Rent: the father dies, the Lord taketh his be&s;t Bea&s;t for an Herriot; and in Tre&s;pa&s;s brought, the Ju|ry found all the &s;pecial matter, al&s;o the Statute of 13 <HI>Eliz.</HI> But it was re&s;olved, That in regard no fraud was found by the Jury, the Court &s;hould not intend the &s;aid Feoffment to be fraudulently made: and the &s;ame being found to be made in con&s;ideration of marriage, &s;hall not by con&s;truction of Law be taken to extend to any other intent, nor to be fraudulent, <HI>Cook, lib.</HI> 10. 56.</P>
<P>(<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">19.) There are two manner of gifts<NOTE PLACE="marg">Con&s;i|derati|on.</NOTE> upon good con&s;ideration: Fir&s;t, upon con&s;ideration of Nature and Blood. Se|condly, a valuable con&s;ideration: and the Statute of 13 <HI>Eliz. cap.</HI> 5. and the <HI>Pro|vi&s;o</HI> therein extends only to a valuable con&s;ideration: for a gift made to defeat others, mu&s;t be made upon as hihg and
<PB N="193" REF="97"> good con&s;ideration, as the things to be defeated are: al&s;o every gift made upon tru&s;t, is out of the &s;aid <HI>Provi&s;o,</HI> becau&s;e it is not <HI>bona fide:</HI> and a tru&s;t is either expre&s;&s;ed, or implied; expre&s;&s;ed&punc; when it is &s;et down in, or upon the gift; implied, when the gift is made without any con|&s;ideration, or upon con&s;ideration of Na|ture and blood, <HI>Cook, lib. 3. 81. b. Twines Ca&s;e.</HI></P>
</DIV1>
<DIV1 TYPE="statute">
<PB N="194" REF="98">
<HEAD>27 Eliz. <HI>Chap.</HI> 4 Concerning Fraudulent Conveyances.</HEAD>
<P>1. BY the Statute of 27 <HI>Eliz. cap.</HI> 4.<NOTE PLACE="marg">Stat. of 27 <HI>Eliz.</HI> Deceit of purcha|&s;ers.</NOTE> It is ordained and enacted, That all and every Conveyance, Grant, charge, lea&s;e, e&s;tate, incumbrance, and limitation of u&s;e or u&s;es, of, in or out of any lands, tenements, or other heredita|ments what&s;oever, had or made at any time heretofore, &s;ince the beginning of the Queens Reign, or hereafter to be made, for intent or purpo&s;e to defraud &amp; deceive &s;uch per&s;on and per&s;ons, Bodies Politick, or Corporate, as have purcha|&s;ed, or &s;hall hereafter purcha&s;e, in Fee-&s;imple, Fee-tail, for life, lives, or years, the &s;ame Lands, Tenements, or Heredi|taments, or any part thereof, &s;o formerly conveyed, lea&s;ed, <HI>&amp;c.</HI> or to defraud and deceive &s;uch as have, or &s;hall purcha&s;e any Rent, Profit, or Commodity, in or out of the &s;ame, or any part thereof, &s;hall be deemed and taken, only as again&s;t that
<PB N="195" REF="98"> per&s;on and per&s;ons, bodies Politick and Corporate, his and their heirs, &s;ucce&s;&s;ors, executors, admini&s;trators, and a&s;&s;igns, and again&s;t all and every other per&s;on and per&s;ons lawfully having or claim|ing, by, from, or under them, or any of them, which have purcha&s;ed, or hereafter &s;hall &s;o purcha&s;e for money or other good con&s;ideration, the &s;ame Lands, Te|nements, or hereditaments, or any part thereof, or any rent, profit, or commodi|ty, in, or out of the &s;ame, to be utterly void, fru&s;trate, and of none effect.</P>
<P N="2">(2.) And be it further Enacted, That all and every the parties, to &s;uch feigned, covenous, and fraudulent gifts, grants, lea&s;es, <HI>&amp;c.</HI> before expre&s;&s;ed, or be|ing privy to, or knowing of the &s;ame, or any of them, which after the <HI>20th.</HI> of <HI>April</HI> next coming, &s;hall wittingly, or willingly put in ure, ju&s;tifie, or defend the &s;ame, or any of them, as true, &s;imple, and done, or made <HI>bona fide,</HI> or upon good con&s;ideration, to the di&s;turbance, or hin|derance of the &s;aid Purcha&s;ers, <HI>&amp;c.</HI> &s;hall incur the penalty, and forfeiture of one<NOTE PLACE="marg">Penalty&punc;</NOTE> years value, of the &s;aid Lands, Tenements, and hereditaments, &s;o purcha&s;ed, or char|ged; the one moiety to the Queen, the
<PB N="196" REF="99"> the party grieved, to be recovered in any of the Queens Courts of Record, by debt, bill, plaint, or information, where no e&s;&s;oyn, protection, or wager of Law, &s;hall be admitted to the defendant, or de|fendants, and to &s;uffer impri&s;onment for one half year without Bail or Mainpri&s;e: 27 <HI>Eliz. chap.</HI> 4.</P>
<P N="3">(3.) Provided, that this Act &s;hall not extend to any grant, <HI>&amp;c.</HI> made upon good con&s;ideration, and <HI>bona fide,</HI> nor to any mortgage made <HI>bona fide,</HI> without fraud, and upon good con&s;ideration: 27 <HI>Eliz. chap.</HI> 4.</P>
<P N="4">(4.) And it is further enacted, that<NOTE PLACE="marg">Convey|ance with clau&s;e of Revoca|tion.</NOTE> if any per&s;on or per&s;ons have &s;ince the Queens Reign that now is, or &s;hall here|after make any conveyance, gift, grant, demi&s;e, charge or limitation of u&s;e or u&s;es, of, in, or out of any lands, tene|ments, or hereditaments, with any clau&s;e or condition of Revocation, determina|tion, or alteration, at his or their will and plea&s;ure of &s;uch conveyance, <HI>&amp;c.</HI> of, in, or out of the &s;aid lands, tenements, or he|reditaments, or any part or parcel thereof; and after &s;uch conveyance, gift, <HI>&amp;c.</HI> &s;o had, or made, &s;hall bargain, &s;ell, demi&s;e,
<PB N="197" REF="99"> grant, convey, or charge the &s;ame Lands, Tenements, or Hereditaments, or any part thereof, to any per&s;on or per&s;ons, bodies politick or corporate, for money, or other good con&s;ideration payed or given; [the &s;aid fir&s;t conveyance, <HI>&amp;c.</HI> not being by him revoked, made void, or al|tered, according to the power re&s;erved;] That then the &s;aid former conveyance, a&s;&s;urance, <HI>&amp;c.</HI> as touching the &s;aid Lands, Tenements, and Hereditaments, &s;o after bargained, <HI>&amp;c.</HI> again&s;t the &s;aid Bargainees, Le&s;&s;ees, and Grantees, and every of them, their heirs, &s;ucce&s;&s;ors, executors, admini|&s;trators and a&s;&s;igns &s;hall be void, <HI>&amp;c. 27 El. cap.</HI> 4.</P>
<P N="5">(5.) <HI>J. C.</HI> had a Lea&s;e for 60 years<NOTE PLACE="marg">Lea&s;e forged.</NOTE> (if he lived&punc; &s;o long) and he forged a Lea&s;e for ninety years ab&s;olutely; and by Indenture reciting the forged Lea&s;e, he bargained and &s;old the &s;ame, and all his intere&s;t in the Land to <HI>R. G. R. G.</HI> is no purcha&s;er for valuable con&s;idera|tion, within the &s;aid Statute of 27 <HI>Eliz.</HI> becau&s;e he contracted not for the true and lawful intere&s;t; and although by the words, his true intere&s;t pa&s;&s;ed: yet he gave no valuable con&s;ideration for it: <HI>Cook upon Littl. fol. 3. b.</HI></P>
<PB N="198" REF="100">
<P N="6">(6.) One who intended to &s;ell his<NOTE PLACE="marg">The Act binds the King.</NOTE> Lands, had by fraud conveyed the &s;ame by Deed inrolled to the Queen: In this ca&s;e the purcha&s;er &s;hall enjoy the Land again&s;t the Queen, by the Statute of 27 <HI>Eliz.</HI> for that Act being general and made in &s;uppre&s;&s;ion of fraud, &s;hall bind the Queen: <HI>Cook, lib. 11. 74. a. Mag|dalen Colledg Ca&s;e.</HI></P>
<P N="7">(7.) A man conveyed his Lands to<NOTE PLACE="marg">Future power of Revoca|tion.</NOTE> the u&s;e of him&s;elf for life, and after to the u&s;e of divers others of his blood, with a future power of Revocation, <HI>viz.</HI> after &s;uch a Fea&s;t, or after the death of &s;uch an one, <HI>&amp;c.</HI> and before the power of Revo|cation commenceth, he, for valuable con|&s;ideration doth bargain and &s;ell the &s;ame lands to another, and his heirs: this bar|gain and &s;ale is within the remedy of 27. <HI>Eliz. cap.</HI> 4. for although the Statute &s;aith, [<HI>the fir&s;t conveyance not by him re|voked</HI>] which &s;eems by the literal &s;ence to be intended of a pre&s;ent power of Re|vocation, for no revocation can be made by force of a future power, before it comes in <HI>e&s;&s;e;</HI> yet it was held that the in|tent of the Act was, that &s;uch voluntary Conveyance that was originally &s;ubject to a power of Revocation, be it in pre|&s;ent
<PB N="199" REF="100"> or in future, &s;hall not &s;tand again&s;t a purcha&s;er, who cometh in upon good and valuable con&s;ideration, and <HI>bona fide, Cook, lib. 3. 82. Twines Ca&s;e.</HI></P>
<P N="8">(8.) Re&s;olved, That if a man hath<NOTE PLACE="marg">Power of Revo|cation extin|gui&s;hed.</NOTE> power of Revocation, and after to the intent to defraud a purcha&s;er, he levy a Fine, or make a Feoffment, or other conveyance to a &s;tranger, whereby he extingui&s;heth this power; and after he bargain and &s;ell the lands to another for valuable con&s;ideration, the Bargainee &s;hall enjoy the Land; for as to him, the Fine, Feoffment, or other conveyance, by which the condition was extinct, was void by the &s;aid Act of 27 <HI>Eliz.</HI> And it was &s;aid, that the &s;aid Act made volun|tary Conveyances, with power of Revo|cation, in an equal degree as to purcha|&s;ers, with conveyances made to defraud purcha&s;ers: <HI>Cook, lib. 3. 82. b. Twines Ca&s;e.</HI></P>
<P N="9">(9.) If a man make a Lea&s;e for<NOTE PLACE="marg">Con&s;ide|ration.</NOTE> years by covin and fraud, and after make another Lea&s;e <HI>bona fide</HI> without Fine paid, or rent re&s;erved; the &s;econd Lea&s;e &s;hall not a void the fir&s;t: for fir&s;t it was agreed, that by the Common Law, an
<PB N="200" REF="101"> E&s;tate made by fraud &s;hall be only void again&s;t him that had a former right, and not again&s;t him that had a pui&s;ne right or intere&s;t. Secondly, no purcha&s;er &s;hall avoid a precedent conveyance made by fraud or covin, but he that is a purcha&s;er for money, or other valuable con&s;idera|tion: and the words [<HI>good con&s;idera|tion</HI>] in the Act, ought to be under&s;tood of valuable con&s;ideration only&punc; and not a con&s;ideration of nature or blood, <HI>&amp;c. Cook, lib. 3. 83. Twines Ca&s;e.</HI></P>
<P N="10">(10) A man of little capacity, and not able to govern the Lands de&s;cended to him, and being di&s;po&s;ed to riot and di&s;order, by mediation of friends, open|ly conveyed his lands to them, upon tru&s;t and confidence, that he &s;hould take the profits for his maintenance; and that he &s;hould not have power to wa&s;te and con&s;ume them: and after being &s;educed by per&s;ons, he &s;old his Lands to them for a &s;mall &s;um of money: And this bargain and &s;ale, although it was for money, was held to be out of 27 <HI>Eliz.</HI> which Act was made again&s;t fraud and deceit, and &s;hall not aid any purcha&s;er that cometh not to the Land for good con&s;ideration, lawfully and without fraudor deceit;
<PB N="201" REF="101"> but &s;uch a conveyance made upon tru&s;t, were void as to him that purcha&s;eth it for valuable con&s;ideration, and <HI>bona fide, Cook, lib. 3. 83. b. Twines Ca&s;e.</HI></P>
<P N="11">(11.) If a man &s;eized of Lands in<NOTE PLACE="marg">Notice of the fraud.</NOTE> Fee make a fraudulent Conveyance, to the end to deceive and defraud a pur|cha&s;er, again&s;t the Statute of 27 <HI>Eliz.</HI> and continueth in po&s;&s;e&s;&s;ion, and is repu|ted as owner, and <HI>B.</HI> enter into commu|nication with <HI>A.</HI> for the purcha&s;e of it, and by accident <HI>B.</HI> hath notice of this fraudulent conveyance, and yet notwith|&s;tanding he concludes with <HI>A.</HI> and ta|keth an a&s;&s;urance from him; yet <HI>B.</HI> &s;hall avoid this fraudulent conveyance, by the &s;aid Act of 27 <HI>Eliz.</HI> notwith&s;tanding his notice; for the Act by expre&s;s words makes the fraudulent conveyance void, as to a Purcha&s;er, for the notice of a Purcha&s;er, cannot make that good, which by Act of Parliament is void, as to it: <HI>Cook, lib.</HI> 5. 60.</P>
<P N="12">(12.) One, after Marriage, volun|tarily<NOTE PLACE="marg">Volunta|ry Con|veyance</NOTE> a&s;&s;igns a Lea&s;e for years, as it were in joynture for his wife, and took the profits, and after &s;old it to one who had no notice of this conveyance: this was held to be within 27 <HI>Eliz.</HI> although at
<PB N="202" REF="102"> the fir&s;t it was not made upon tru&s;t, to be revoked, <HI>&amp;c.</HI> becau&s;e it was a voluntary conveyance at the fir&s;t, and &s;hall be in|tended fraudulent at the beginning: But if at the time of the Marriage, or after, by rea&s;on of a portion given by his wives friends, in recompence thereof, and for a Provi&s;ion for maintenance of his wife, he had made an a&s;&s;ignment of &s;uch a Lea&s;e to his wives friends, and had after taken the profits thereof, as in rea&s;on he ought during his life, and had then &s;old that Term, yet it had not been within the &s;aid Statute. <HI>Crook, part 2. 158. Colvil ver&s;. Parker.</HI></P>
<P N="13">(13.) A man Covenants for natural love, <HI>&amp;c.</HI> to &s;tand &s;eized to the u&s;e of him&s;elf for life, the remainder to his Son in Tail, with a power of Revocation, and a <HI>Provi&s;o</HI> to make Lea&s;es for 21 years, and after makes a Lea&s;e for 21 years, for 30 <HI>lib.</HI> Fine paid. Re&s;olved, That not|with&s;tanding this voluntary and revoke|able conveyance, yet the Lea&s;e for years was ab&s;olutely good, by 27 <HI>Eliz.</HI> and as to the Le&s;&s;ee, the conveyance &s;hall be con&s;trued, as if it had been revoked, and that the Le&s;&s;or was then Tenant in Fee; and it was al&s;o re&s;olved, That in ca&s;e of
<PB N="203" REF="102"> a Lea&s;e for years, made as before, there had been a Rent only re&s;erved, it had been a good con&s;ideration, and within the Statute; and the making of &s;uch Lea&s;e was a revocation of the fir&s;t E&s;tate according to the Lea&s;e, <HI>Crook, part 2. 181. p.</HI> 19. Al&s;o it was re&s;olved, that the &s;aid Lea&s;e for years; re&s;pect being had only to the Provi&s;o, and power thereby given, was void; for it being only a covenant, and the con&s;ideration not extending to the Lea&s;e for years, no u&s;e is rai&s;ed to him thereby, <HI>ibi|dem.</HI></P>
<P N="14">(14.) Grandfather, Father, and Son; the Grandfather, upon the Fathers mar|riage, makes the Wife of the Father a Joynture; and at the &s;ame time, cove|nants to demi&s;e other Tenements to the Father for 1000 years, and after maketh &s;uch demi&s;e accordingly, to commence after his death; in which was a Provi&s;o to make the &s;ame void, upon the Fathers dying without i&s;&s;ue, or making a Lea&s;e not re&s;erving the ancient Rent; the Fa|ther after a&s;&s;igns the &s;aid Lea&s;e to the u&s;e of his Son (an infant) to the intent, that it &s;hould not drown by the de&s;cent of the rever&s;ion, and with the coloura|ble
<PB N="204" REF="103"> purpo&s;e and intent, that the infant &s;hould pay debts, <HI>&amp;c.</HI> The Grandfather dies, the Father enters into the Lands, and taketh the Profits, and makes Lea|&s;es, and doth other Acts as Owner; and neither the A&s;&s;ignees nor Infant took any Profits, or paid any Debts; and the A&s;|&s;ignment was made to divers per&s;ons of good reputation, but the a&s;&s;ignment it &s;elf was delivered into the hands of a per&s;on of mean quality; The Father after bargains and &s;ells the &s;aid Lands for a great &s;um of money by Deed in|rolled: By all which marks, the &s;aid Lea&s;e and A&s;&s;ignment were taken to be fraudulent, <HI>Cook, lib. 6. 72. a. Burrells</HI> ca&s;e.</P>
<P N="15">(15.) Re&s;olved, (in the &s;aid Ca&s;e) That whereas the words of the &s;aid Act of 27 <HI>Eliz.</HI> are, That all and every Conveyance, Grant, <HI>&amp;c.</HI> for the intent to defraud or deceive &s;uch per&s;ons as have purcha&s;ed, or &s;hall purcha&s;e the &s;ame Lands, <HI>&amp;c.</HI> &s;hall be deemed, on|ly again&s;t &s;uch Purcha&s;er, void: yet if the Father make a Lea&s;e by fraud and covin of his Lands, to defraud others, to whom he &s;hall demi&s;e or &s;ell it, [as all fraudulent demi&s;es &s;hall be intended,]
<PB N="205" REF="103"> and before the Father &s;ells or demi&s;eth it, he dieth; and the Son, knowing or not knowing the &s;aid Lea&s;e, &s;ell the Lands upon good con&s;ideration; In this ca&s;e the Vendee &s;hall avoid the &s;aid Lea&s;e by the &s;aid Act of 27 <HI>Eliz.</HI> for the words of the Act are general, and it is not needful that he who &s;old the Land, &s;hould make the former E&s;tate or incumbrance; But if the E&s;tate be frau|dulent, who&s;oever is the &s;eller, the Pur|cha&s;er &s;hall avoid &s;uch fraudulent E&s;tate: Al&s;o, it was re&s;olved, That al|though the Father had nothing of Inhe|ritance in the Land, at the time of the a&s;&s;ignment of the Lea&s;e, but the inheri|tance was in the Grandfather, yet when the Grandfather dieth, and the Father &s;ells the Land, his Vendee &s;hall avoid the &s;aid Term: for if he had bargained, and <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">old the Term only, the bargain &s;hould have avoided the fraudulent a&s;|&s;ignment, and by con&s;equence, the Ven|dee of the whole Fee-&s;imple &s;hall avoid it, <HI>Co<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">k, lib. 6. 72. a. b. Burrells</HI> ca&s;e.</P>
<P N="16">(16.) In Tre&s;pa&s;s: The Plaintiff and D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;endant claim by &s;everal Lea&s;es from the &s;ame man: The Plaintiff in his Declara<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">io<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> the defendants Lea&s;e
<PB N="206" REF="104"> to be made by fraud, but &s;heweth not any con&s;ideration payed by him&s;elf: whereupon the Defendant Demurs: <HI>Yel|verton:</HI> at Common Law there was not any fraud remedied, to defeat an after purcha&s;e, but that only which was com|mitted to defeat a former intere&s;t, which was granted; and 27 <HI>El.</HI> doth not aid it, for here is no con&s;ideration payed for the &s;econd Lea&s;e, no more than for the fir&s;t: <HI>Lukener contra.</HI> A thing obtained by a mans own act, makes a man a purcha&s;er within the &s;aid Statute, and the fraud is confe&s;&s;ed by the Demurrer; <HI>Ander&s;on:</HI> the confe&s;&s;ion of the fraud is not mate|rial, in regard the Plaintiff is not &s;uch a per&s;on, as ought to have benefit thereby, and within the remedy and provi&s;ion of the Act; and by that Act a fraudulent conveyance is not made void again&s;t all, but only again&s;t &s;uch as come in upon valuable con&s;ideration: <HI>Wam&s;ey,</HI> accord|ing; and he &s;aid, that a fraudulent gift of goods, remains good again&s;t the do|nor, but not again&s;t his Creditor, by 13 <HI>Eliz. Crook, part 1. 445. p. 8. &V;pton ver&s;. Ba&s;&s;et.</HI></P>
<TRAILER>FINIS.</TRAILER>
<PB REF="104">
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
