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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A29235 The honest ghost, or, A voice from the vault Brathwaite, Richard, 1588?-1673. 1658 (1658) Wing B4267; ESTC R30243 148,269 338

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wares c. by meanes whereof much of the B●…ukrupts estate is concealed and deteined from the Creditors For cleering the said doubt Bee it Declared and Enacted by the Authority aforesaid that after such time as any person shall by the said Commissioners executing the said Commission or the greater part of them bee lawfully adjudged or declared to be a Bankrupt the said Commissioners executing such Commission shall have power and authority to examine upon O●…th the wife and wives of all and every such Bankrupt for the finding out and discovery of the estate and estates good●… and chattels of such Bankrupt or Bankrupts concealed secretly kept or disposed of by such wife or wives in their own persons or by their owne act or meanes or by any other person or persons And that shee and they the said wife and wives shall incur such danger and penalty for not coming before the said Commissioners or for refusing to bee sworne and examined or for not disclosing the truth upon her or their examination or 〈◊〉 as in and by the said former Lawes or ●…yther of them is already made and provided against any other Person or Pe●…sons in like Cas●…s And if any B●…nkrupt sh●…ll upon his or her ex●…ination taken before the said Comm●…ssioners be found fraudu●…ently or deceitf●…lly to have convey●…d aw●…y his or her goods chattels c. to the v●…lue of twenty pounds or above purposely to hind●…r the execution of this Statute shall not upon his or her examination discover unto the said Commissio●…ers and if it lie in their power deliver to the said Commissioners all that estate goods and chat●…els so f●…audulently and deceitfully conveyed away sh●…ll or may bee indicted for such f●…aud or abu●…e at the Assize●… or generall Sessions c. and if upon such Indictment or Indictments the B●…nkrupt bee thereof convicted hee or shee so convicted shall bee se●… upon the Pillory in some publick place for the space of two houres have one of his or her ears nailed to the Pillory and cut off And for that some doubt is conceived whether the Cō n●…ssioners in case of resistance have power by the former L●…wes to breake op●…n or cause to bee broken open the House or Houses of su●…h Bankrupts c. Bee it therefore Enacted That in execution of the s●…id Commission it sh●…ll bee lawfull to and for the said Commissioners or any other Person or Persons by them or the greater part of them deputed by their warrant or warrants under their hands and seales to breake open the House or Houses chambers shops warehouses c. where th●… said Bankrupt or any of his or her goods or estate shall be or reputed to be and to seize them and order the Body Goods and Chattels ready money and other estate of such Bankrupt as by the said former●… Lawes are limited and appointed And for the better division and distribution of the Lands Tenements Hereditaments c. amongst his or her Creditors Bee it Enacted that the Commissioners or the greatest part of them shall and may examin upon Oath or by any other waies or meanes as to them shall seeme meete any Person or Persons for the finding out and discovery of the truth and certaintie of the severall debts due and owing to all such Creditor and Creditors as shall seeke reliefe by such course of Commission to bee used forth as aforesaid And that all and every Creditor and Creditors having security for his or their severall Debts by Judgement Statute Recognizance c. or having made Attachment in London or any other place by virtue of any custome there used of the goods and chattels of any such Bankrupt whereof there is no Execution or Extent served and executed upon any the Lands Tenements Hereditaments Goods Chattels and other estate of such Bankrupt before such time as hee or shee shall or doe become Bankrupt shall not bee relieved upon any such Judgement Statute Recognizance Specialty Attachment or other security for more then a reteable part of their just and due debts And bee it further Enacted That if any the Lands Tenements Goods Chattels Debts or other estate of any Bankrupt bee extended after such time as hee or shee is become a Bankrupt by any person or persons under colour or pretence of his or their being an accountant or any way indebted unto our Soveraigne his Heirs or Successors that then it shall bee lawfull to and for the said Commissioners to examine upon Oath whether the said Debt were due to such Debtor or Accomptant And if such contract was originally made it shall and may bee lawfull to and for the said Commissioners to order determine and dispose of all such Lands Tenements Hereditaments Goods Chattels and Debts so extended as aforesaid to and for the use of the Creditors which shall seeke reliefe by the said Commission And for that it often falls out that many persons before they become Bankrupt doe convey their goods to other men upon good consideration yet still doe keepe the same and are reputed the owners thereof and dispose the same as their owne Bee it Enacted That if at any time hereafter any person or persons shall become Bankrupt and at such time as they shall become Bankrupt shall by the consent and permission of the true owner and proprietarie have in their possession order and disposition any goods or chattels whereof they shall bee reputed owners and take upon them the sale alteration or disposition as owners that in every such case the said Commissioners or the greater part of them shall have power to sell and dispose the same t●… and for the benefit of the Creditors which shall seeke reliefe by the said Commission as fully as any other part of the estate of the Bankrupt And for the better payment of debts and discouraging me●… to become Bankrupts Bee it further Enacted that the said Commissioners on whom this Authority is expresly conferred or the greate●… number of them shall have power by virtue of this Act by Deede indented and inrolled within six moneth●… after the making thereof in some of his Majestie●… Courts of Record at Westminster to grant bargain sell and convey any Manors Lands Tenements or Hereditaments whereof any Bankrupt i●… o●… shall be in any waies seized of any estate in tayle in possession reversion or remainder and whereo●… no reversion or remainder is c. to any person o●… persons for the reliefe and benefit of the Credito●… of all such Bankrupts c. And bee it further Enacted That if any perso●… 〈◊〉 now is or hereafter shall become Bankrupt have here●…fore granted conveyed or assured o●… shall at any time hereafter grant convey or assur●… an●… Lands Tenements Hereditaments Goods Ch●…ttels or other Estate unto any person or persons upon condition or power of redemption at●… day to come by payment of money or otherwise That it shall and may bee lawfull to and for th●… said Commissioners or