Authority aforesaid that if any such person or persons which is or shall be indebted do of purpose withdraw him or themselves out or from his or their usual mansion house or houses that then upon complaint thereof made to the said Commissioners having authority as is aforesaid the same Commissioners or the more part of them shall by vertue and authority of this present Act have full power and authority to award five Proclamations to be made in the Queens name upon five sundry Market dayes in such places near the place where such Bankrupt hath most commonly dwelled or made his abode commanding him or them by the same Proclamations in the Queens name to return with all convenient speed and to yeeld his or their bodies before the said Commissioners having authority as is aforesaid or one of them at such time and place as by the said Proclamation shall be appointed and if the said person be not according to such Proclamation repair and yield his or their body as is aforesaid that then the body of all and every such offender or offenders shall be adjudged taken and deemed to all intents and purposes out of the Queens protection and that also every person and persons that shall willingly and wittingly help to hide or convey or shall wittingly and willingly receive detain or keep secretly any person or persons so demanded by Proclamation as is aforesaid shall suffer such pains by imprisonment of his or their bodies or to pay such fine to our Sovereign Lady the Queens Majesty her Heirs and Successors as to the said Lord Chancellor or Lord Keeper of the great Seal being informed thereof by the Commissioners so to be appointed as is aforesaid or the more part of them shall seem meet and convenient for their said offence or offences Provided always and be it further enacted that if the Creditors of any such offender or offenders debtor or debtors which so do depart the Realm keep his or their house or houses or otherwise absent or withdraw him or themselves into places unknown or take Sanctuary or will suffer him-or themselves to be arrested or outlawed or yield his or their bodies into prison purposely and for the causes aforesaid be not fully satisfied or otherwise contented for their debts and duties by the way and means before specified and declared that then the said Creditor or Creditors and every of them shall and may have their remedy for the recovery and levying of the residue of their said debts or duties whereof they shall not be fully satisfied payd or otherwise contented in form aforesaid against the said offender or offenders in like manner and form as they should and might have had before the making of this Act. And that the said creditor or creditors and every of them shall be only barred and excluded by vertue of this Act of and for every such part and portion of the said debts and duties as shall be paid satisfied distributed or delivered unto him or them by order of the said persons as is aforesaid and of no more portion or parcel thereof Any thing herein specified that may be taken or construed to the contrary notwithstanding Provided always and be it also enacted by authority aforesaid that if any person or persons which is or shall be published and declared to be a Bankrupt by vertue of this Act shall at any time after purchase any lands tenements hereditaments free or copy offices fees goods or chattels or that any lands tenements hereditaments free or copy offices fees goods or chattels shall descend revert or by any means come to any such person or persons being Bankrupts as is aforesaid before such time as their debts due to their creditors shall be fully satisfied and payed or otherwise agreed for that then the said lands tenements hereditaments as well free as copy offices fees goods and chattels shall by vertue of this Act be by the said Commissioners to be appointed as is aforesaid or the more part of them be bargained sold extended delivered and used for and towards the payment of the said creditors in such like manner and form as other the lands tenements hereditaments free or copy offices fees goods and chattels of the said Bankrupts which they had when they were first declared to be Bankrupts should or might have been bargained sold disposed or used by vertue of this Act. Provided alwayes that this Act shall not extend to any lands tenements or hereditaments free or copy-hold which heretofore have been assured by any such Bankrupt or hereafter shall be assured by any Bankrupt before he become Bankrupt so always that such assurance be made bona fide and not to the use of the Bankrupt himself only or of his heirs and that the parties to whose use such assurance hath or shall be made be not at or before the making of such assurance privy or consenting to the fraudulent purpose of any such Bankrupt to deceive his Creditors 1 Jac. 15. 21. Jac. 15. 1 Jacob. Chap. 15. An Exposition and addition to the Statutes of Bankrupts made 13 Eliz. 7. FOr that fraud and deceits as new diseases dayly increase amongst such as live by buying and selling to the hindrance of traffick and mutual commerce and to the general hurt of the Realm by such as wickedly and wilfully become Bankrupts And for that the description of a Bankrupt in former Statutes is not so fully expressed nor the power given thereby to the Commissioners for Bankrupts so large as is meet in such cases of deceit to prevent the deceitful actions of Bankrupts For remedy whereof Be it therefore enacted by our Sovereign Lord the King and by the Lords Spiritual and Temporal and the Commons at this present Parliament assembled and by the authority of the same That all and every such person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartrie chevisance or otherwise in gross or by retail or seeking his her or their trade of living by buying and selling and being a Subject born of this Realm or any the Kings Dominions or Denizen who at any time sithence the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares sold or any other just or lawful cause or good consideration or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements goods or chattels to
to be yielded or paid therefore and that upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said Mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court Roll of the same Mannors for such estate or interest as to them shall be sold and reserving the antient Rents Customes and Services but also in the same Court admit them Tenants of the same Copy or Customary Lands as other Copyholders of the same Mannors have been wont to be admitted and to receive their fealty accordingly Provided always and be it enacted by the Authority aforesaid That such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the said Bankrupt not only make a true declaration to the same Bankrupts of the imploying and bestowing of their said Lands Tenements Offices fees Goods Chattels and debts so payed and satisfied to their said Creditors but also make payment of the overplus of the same if any such shall be to the said Bankrupts their Executors Administrators or Assigns And be it further enacted by the Authority aforesaid that if after any such act or offence committed and complaint thereof made to the said Commissioners so to be appointed as is aforesaid or the more part of them by any party grieved as is aforesaid concerning the premisses knowing supposing or suspecting any of the goods chattels wares merchandizes or debts of such offender or offenders debtor or debtors to be in custody use occupying keeping or possession of any person or persons or any person or persons to be indebted to any such offender or offenders do make relation thereof to the said Commissioners so to be appointed or the more part of them that then the said Commissioners or the most part of them shall by vertue hereof and of the said Commission have full power and authority to send for and call before them by such Process ways or means as they shall think convenient by their discretions all and every such person and persons so known suspected or supposed to have any such goods chattels wares merchandizes or debts in his or their custody use occupation keeping or possession or supposed or suspected to be indebted to such offender or offenders and upon their appearance to examine them and every of them as well by their Oaths as otherwise by such ways and means as the said Commissioners or the more part of them by their discretions shall think meet and convenient for and upon the specialty certainty true declaration and knowledge of all and singular such goods chattels wares merchandizes and debts of any such offender or offenders as be supposed or suspected to be in his or their custody use occupation or possession and all such debts as by them or any of them shall be supposed or suspected to be owing to any such offender or offenders And if any such person or persons upon such examination do not disclose and plainly declare and shew the whole truth of such things as he or they shall be examined of concerning the premisses to his knowledge or do deny to swear then every such person or persons so denying to swear or being examined do not declare the plain and whole truth concerning the premisses upon due proof thereof to be made before the said Commissioners or the more part of them so to be appointed as is aforesaid by witness examination or otherwise as to the said Commissioners or the more part of them shall seem sufficient in that behalf shall lose and forfeit double the value of all such goods chattels wares merchandizes debts by them or any of them so concealed and not wholly and plainly declared and shewed which forfeiture shall be levied by the said Commissioners or the more part of them of the Lands Tenements Hereditaments goods and chattels of such person so denying to swear or not disclosing the whole truth as is aforesaid by such ways and means and in such manner and form as is before limited and appointed for the principal offender or offenders debtor or debtors and the same forfeiture or forfeitures to be distributed or imployed to and for the satisfaction and payments of the debts of the said creditor or creditors in such like manner rate and form as is above declared concerning the ordering of the lands and tenements offices fees goods and chattels of such offender or offenders debtor or debtors as is aforesaid And â—e it further enacted That if at any time before or after that any such person or persons departeth the Realm or shall keep his or their House or Houses or otherwise absent him or themselves or take sanctuary or suffer him or themselves to be arrested outlawd or yield his or their bodies to prison as is aforesaid any person or persons do fraudulently by covin or collusion claim demand recover possess or detain any debts duties goods chattels lands or tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offender or offenders other than such as he or they can and do prove to be due by right and conscience in form aforesaid for money payed wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or coâ—vin that then every such person or persons so craftily demanding claiming having possessing or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess which said forfeiture shall â—e levied â—ecovered and imployed in manner and form as is afore rehearsed Provided also and be it enacted by Authority aforesaid that if it shall fortune the creditors of any such Bankrupt as is aforesaid to be satisfied and paid of their debts and duties of or with the proper lands tenements goods chattels and debts of the said Bankrupts or of or with the same and some part of the forfeitures of the said double values to be forfeited as is aforesaid and that there shall remain an overplus of the said forfeitures of the said double values that then the one moiety of the said overplus of the said forfeitures of the double values so remaining shall be by the said Commissioners so executing the said Commission within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moiety thereof shall be by the said Commissioners employed and distributed to and amongst the poor within the Hospitals in every City Town or County where any such Bankrupt shall happen to be Any thing in this Act to the contrary thereof not withstanding And be it further enacted by
any Debts Duties Goods Chattels Lands or Tenements by writing trust or otherwise which were or shall be due belonging or appertaining to any such offendor or offendors other than such as he or they can and do prove to be due by right and conscience for money paid wares delivered or other just consideration or cause reasonable to the just value thereof before the said Commissioners so to be appointed or the more part of them as is aforesaid and the same to proceed bona fide without fraud or covin That then every such person or persons so craftily demanding having or detaining any such debt duty or other thing as is aforesaid shall forfeit and lose double as much as he or they shall so claim demand detain or possess 13 Eliz. cap. 7. 85. The said Forfeitures of double Forfeitures how imployed the value in both the cases before mentioned are to be levied and imployed by the Commissioners as followeth viz. The said Commissioners or the more part of them is to levy the same of the Lands Tenements Hereditaments Goods and Chattels of the persons offending by such ways and means and in such manner and form as is before limited and appointed for the principal offendor or offendors debtor or debtors and the same forfeiture or forfeitures to be distributed and imployed to and for the satisfaction and payment of the debts of the said Creditor or Creditors in such manner rate and form as is by Vid. Post the Statute declared concerning the ordering of the Lands and Tenements Offices Fees Goods and Chattels of such offendor or offendors debtor or debtors 13 Eliz cap. 7. 86. Over-plus And if it shall fortune Overplus the Creditors of any such Bankrupt to be satisfied and payed off their debts and duties of or with the proper Lands Tenements Goods Chattels and Debts of the said Bankrupts or of oâ— with the same and some part of the forfeitures of the said double values to be forfeited as aforesaid and that there shall remain an over-plus of the said forfeitures of the double values That then one moyetie thereof shall be by the said Commissioners within convenient time after the levying thereof paid unto the Queens Majesty her Heirs and Successors and the other moyetie shall be by the said Commissioners imployed and distributed to and amongst the Poor within the Hospitals in every City Town or Country where any such Bankrupt shall happen to be 13 Eliz. cap. 7. But the forfeitures by 1 Jac. cap. 15. being for Perjury and suborning of Perjury is by the said Act to be sued for and recovered by the Creditors only or any of them that will sue for the same by action of Debt Bill Plaint or Information in any of the Kings Courts of Record and the sum and sums of money so recoverâ—d the charges of suit being deducted shall be distributed and divided towards the payment of the said Creditors of the said Bankrupt 1 Jac. cap. 15. 87. The allowance to Witnesses Allowance to Witnesses Provided always That such Witnesses as shall be sent for by the Commissioners shall have such Costs and Charges as the Commissioners in their discretion shall think fit The same charges to be rateably born by the Creditors of the said Bankrupt according to the proportion of each of their several Debts 1 Jac. cap. 15. The next thing to be considered is the manner of the ordering and disposal of the Bankrupts Estate by the Commissioners 88. First in General The Commissioners In General may according to their discretion order the estate of the Bankrupt for the Creditors satisfaction 13 Eliz. In Particular cap. 7. Secondly more Particularly First by views and appraisement The Commissioners may cause the Bankrupts Lands Tenements Fees Annuities Offices Goods Chattels Wares Merchandises and Debts to be searched View appraisement viewed rented and appraised to the best value they may 13 Eliz. cap. 7. 89. Secondly by Sale 1. To whom Sale may they sell The Statute of 13 Eliz. cap. 7. is that the Commissioners may sell without mentioning to whom and by 21 Jac. 19. which giveth power to the Commissioners to sell entailed lands it is to any person or persons which surely is intended to persons capable and not to aliens although they be Creditors 90. Thirdly Of what Of all of what Lands Tenements Hereditaments and Deeds Evidences and Writings touching the same and of all Fees Offices Goods and Chattels of â—he offendor as is before set down 91. Fourthly in what Manner How as to the Lands Tenements Goods and Chattels in general of the Bankrupts the sale is to be by Deed Indented and enrolled in any of his Majesties Courts of Record or otherwise to be ordered by the Commissioners for satisfaction of the Creditors 13 Eliz. cap. 7. And therefore although the sale be not by Deed inrolled accoâ—ding to the words of the Act yet it is good enough Cooke lib. 2. 25. 26. case of Bankrupts A Rent Seck whereof there is no seisin shall be sold and the sale is good without Attornement Stones Lecturâ— 174. quere 92. As to lands intail'd of the Bankrupt Intail'd Landâ— the Commissioners or the greater number of them are impowred by 21 Jaâ— cap. 19. by Deed Indented and Inolled within six months after the making thereof in some of his Majesties Courts of Record at Westminster to grant bar gain sell and convey any Manors Lands Tenements or Hereditaments whereof any Bankrupt is or shall be any ways seized of any estate in Tail in Possession Reversion or Remainder and whereof no Reversion or Remainder is or shall be in the Kings Majestie his Heirs or Successors of the gift or provision of his Majesty his progenitors his Heirs or Successors to any person or persons for the relief and benefit of the Creditors 21 Jac. cap. 19. vide before Sect. 53. 93. As to Copy-hold or customary Copy-hold Lands they are to be sold by Deed Indented and Inrolled in any of his Majesties Courts of Record c. as other the Lands and Estate of the Bankrupt are appointed to be by 13 Eliz. cap. 7. But by the same Statute it is provided That all and every person or persons to whom any such sale of Copy-hold or customary Lands or Tenements shall be made shall before such time as they or any of them shall enter or take any profits of the same Lands or Tenements agree c compound with the Lords of the Mannors of whom the same shall be holden for such Fines or Incomes as heretofore have been most usually and accustomed to be yielded or paid therefore And upon every such agreement or composition the said Lords for the time being at the next Court to be holden at or for the said mannors shall not only grant unto the said Vendee or Vendees upon request the same Copy or Customary Lands or Tenements by Copy of Court-Roll of the said Manors for such estate or Interest as