THE Judges Resolutions Upon the Several Statutes Concerning BANKRUPTS WITH The like Resolutions on the Statutes of 13. Eliz. and 27. Eliz. touching fraudulent CONVEYANCES By GEORGE BILLINGHVRST of Grays-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1676. I do allow the Printing of this Book Intituled The Judges Resolutions upon the Statute concerning Bankrupts 28th June 1676. FRA NORTH Gentle Reader THou hast here a methodical digestion of the several Statutes concerning Bankrupts presented to thy view together with such Expositions as have been made of the several parts of them by the Learned Judges of this Kingdom since they came forth And in regard the matter hereof may concern most men I thought it would not be unnecessary to be published For although there be a Reading in Print upon some of those Statures more full of abstruse Notions and Learning than this is yet I have some ground to believe that this will be thought for ordinary capacities and the generality of men much more useful I have also added hereunto the several Statutes of 13 El. and 27 El. touching fraudulent conveyances with the like Exposition of the Learned Judges on them in several cases annexed which may be likewise of use unto thee Farewel T. B. What a Bankrupt is and his Description 34. Hen. 8. Chap. 4. THe Lord Chancellor Treasurer c. shall take order with Bankrupts Bodies Lands and Goods for the payment of their Debts Al. 13 El. 7. 1 Jac. 15. 21 Jac. 19. 13 Eliz. Chap. 7. Who is a Bankrupt how and by whom his Body Lands and Goods shall be ordered for the payment of his Creditors FOrasmuch as notwithstanding the Statute made against Bankrupts in the xxxiiii year of the Reign of our late Sovereign Lord King Henry the eighth those kind of persons have and do still increase into great and excessive numbers and are like more to do if some better provision be not made for the repression of them And for a plain declaration to be made and set forth who is and ought to be taken and deemed for a Bankrupt Therefore be it enacted and established by the Authority of this present Parliament that if any Merchant or other person using or exercising the trade of Merchandize by way of Bargaining Exchange Rechange Bartry Chevisance or otherwise in gross or by retail or seeking his or her trade of living by buying and selling and being Subject born of this Realm or of any the Queens Dominions or Denizen sithence the first day of this present Parliament hath 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 herself 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 and lawful cause or good consideration or purposes hath or will suffer him or her self to be outlawd or yield him or her self to prison or depart from his or her dwelling House or Houses to the intent or purpose to defraud or hinder any of his or her Creditors being also a Subject born as is aforesaid of the just Debt or duty of such Creditor or Creditors shall be reputed deemed and taken for a Bankrupt And be it enacted by the Authority aforesaid That the Lord Chancellour of England or Lord Keeper of the great Seal of England for the time being upon every complaint made to him in writing against any such person or persons being Bankrupt as is before defined shall have full power and Authority by Commission under the great Seal of England to name assign and appoint such wise and honest discreet persons as to him shall seem good Who or the most part of them by vertue of this Act and of such Commission shall have full power and authority to take by their discretions such order and direction with the body and bodies of such person wheresoever he or she may be had either in his or her House or Houses Sanctuary or elsewhere as well by imprisonment of his or her body or bodies as also with all his or her Lands Tenements Hereditaments as well Copy or Customary-hold as Free-hold which he or shee shall 〈…〉 ve in his or her own right before he or she became Bankrupt and also with all such Lands Tenements and Hereditaments as such person shall have purchased or obtained for money or other recompence joyntly with his wife children or childe to the only use of such offender or offenders or of or for such use interest right or title as such offender or offenders then shall have in the same which he or she may lawfully depart withal or with any person or persons of trust to any secret use of such offender or offenders and also with his or her money goods chattels wares merchandises and debts wheresoever they may be found or known and cause the said Lands Tenements Fees Annuities Offices Goods Chattels Wares Merchandizes and Debts to be searched viewed rented and appraysed to the best value they may and by Deed indented enrolled in one of the Queens Majesties Courts of Record to make sale of the said Lands Tenements and Hereditaments and of all Deeds Writings and Evidences touching only the same belonging to such offender or offenders debtor or debtors and also of all Fees Annuities Offices Goods and Chattels or otherwise to order the same for true satisfaction and payment of the said Creditors that is to say To every of the said Creditors a portion rate and rate like according to the quantity of his or their debts and that every direction order bargain sale and other things done by the said persons so authorised as is aforesaid in form aforesaid shall be good and effectual in the Law to all intents constructions and purposes against the said offender or offenders debtor or debtors his or their wife or wives heir and heirs childe and children and such person and persons as by such joynt purchase with the said offender or offenders as is aforesaid have or shall have any estate or interest in the premisses and against all other person and persons claiming by from or under such offender or offenders debtor or debtors by any Act or Acts had made or done after any such person shall become Bankrupt as is aforesaid and also against the Lords of the Mannors whereof the said Copyhold or Customary lands been holden their heirs successors and assigns and every of them Provided always and be it enacted by the Authority aforesaid That all and every person or persons to whom any such sale of Copyhold or Customary Lands or Tenements shall be made shall before such time as they or any of them shall enter or take any profit of the same Lands or Tenements agree and compound with the Lords of the Mannors of whom the same shall be holden for such fines or incomes as heretofore have been most usual and accustomed
free-hold which he or she shall have in his or her own right before he or she became Bankrupt c. 13 El. chap. 7. 44. It is made by Mr. Stone a Quere in his Lecture That if there be two joyntly and the one become Bankrupt and dies whether his part shall be sold because the survivor is not in by him But it seems to me that the Bankrupts part shall be sold and that there shall be no survivor in this case First because the Bankrupts moiety is bound by the Statutes by his becoming a Bankrupt Secondly the Bankrupt had power to sell the same in his life time and might depart with it and so within the words of 13 Eliz. cap. 7. the words are such use interest right or title as such offendor or offendors that shall have in the same which he or she may lawfully depart withal vide after Sect. 46. Thirdly by 1 Jac. chap. 15. The Commissioners after the Bankrupts death may proceed in execution in and upon the Commission for and concerning the offendors Lands Tenements c. in such sort as if the offendor had been living which they cannot do in the case before if the survivorship take place 45. It was agreed by the Justices Copy-hold that Copy-holds are within the intent and purliew of all the Statutes concerning Bankrupts and may be sold by the Commissioners some doubt whereof was made because they are named in one clause of 13 El. and not in 1 Jac. chap. 15. or 21 Jac. chap. 19. for the same being in the first Statute and the other Statutes being made in further confirmation and approbation thereof they ought to be expounded liberally and shall be construed accordingly to make as strong provision as they may against the Bankrupt Crook 3. part 550. Crisp against Prat. 46. And all such Lands tenements 2. Lands purchased joyntly with the wife hereditaments as such person viz. the Bankrupt shall have purchased or obtained for money or other recompence joyntly with his wife children or child to the only use of such offendor or offendors or such use interest right or title as such offendor or offendors then shall have in the same which he or she may lawfully depart withal 13 El. cap. 7. 47. A man purchaseth Lands to him and his wife and his son and two years after he becomes a Trader and four years after he becomes a Bankrupt these Lands shall not be sold by the Commissioners of Bankrupt and are out of the meaning of the Statute for else none might know with whom to deal by way of marriage or otherwise when a person who is not a Tradesman settles Lands upon his wife and children bonafide and after becoming a Tradesman and then a Bankrupt the said Acts of Parliament shall overthrow a Conveyance so duly setled Crook 3 part fol. 550. Crisp versus Prat. 48. Lands Tenements c. which 3. Lands in trust any person or persons hath in trust to any secret use of any such offendor or offendors c. 13 Eliz. chap. 7. Lord and Tenant are the Tenant makes a Feoffment to deceive the Lord of the Wardship and then becomes a Bankrupt these Lands shall be sold by the Commissioners for although the conveyance was only fraudulent as against the Lord yet there was a trust between the Feoffor and Feoffee Stones Lecture fol. 185. 49. Manors Lands Tenements 4. c. conveyed or procured or caused to be conveyed by the Bankrupt to any of his children or other person or persons except the same shall be purchased or conveyed for or upon marriage of any of his or her children both the parties married being of the years of consent or some valuable consideration 1 Jac. 15. 50. A Tradesman in consideration of marriage makes a conveyance of Lands to the use of himself and his wife and held to be within the Statute of 1 Jac. vide Stiles reports fol. 288. Tucker vers Cosh 51. Also the said Commissioners 5. Lands conveyed upon condition have power to sell Lands and Tenements conveyed upon condition by 21 Jac. cap. 19. where it is thus If any person that now is or hereafter shall become a Bankrupt have heretofore granted conveyed or assured or shall at any time hereafter grant convey or assure any Lands Tenements Hereditaments goods Chattels or other Estate unto any person or persons upon condition or power of redemption at a day to come by payment of money or otherwise that it shall and may be lawful to and for the said Commissioners or the greater part of them before the time of the performance of such condition to assign and appoint under their hands and seals such person or persons as they shall think fit to make tender or payment of money or other performance according to the nature of such condition as fully as the Bankrupt might have done And that the said Commissioners or the greater part of them shall after such tender payment or performance have full power to sell and dispose of such Lands c. so conveyed upon condition for the benefit of the Creditors as fully as they may sell or dispose of any the estate of the Bankrupt 21 Jac. Chap. 19. 52. Quere whether the Commissioners may not by the equity of this Stat. appoint one to enter for a condition broken As if a trader makes a Feoffment upon condition to be performed on the part of the Feoffee the Feoffee breaks the Condition and before entry the Feoffor becomes a Bankrupt It should seem the Commissioners may take advantage hereof for the Statutes shall be liberally expounded for relief of the Creditors if not yet it seems to be comprehended within the words of 13 El. cap. 7. whereby power is given to the Commissioners to take order and direction with the Bankrupts Lands c. for such use interest right or title as such offendor or offendors shall have in the same which word Title includes as I conceive an entry for a condition broken yet Stone makes a quaere of it in his Lecture fo 12. 53. Lands Tenements c. intailed Lands intailed The Commissioners or the greater number of them shall have power by deed indented and inrolled within six months c. to grant bargain sell and convey any Manors Lands Tenements or Hereditaments whereof the Bankrupt is or shall be in any wise seized in Tail in possession reversion or remainder and whereof no reversion or remainder is or shall be in the Kings Majesty his Heirs or Successors of the gift or provision of his Majesty his Progenitors Heirs or Successors to any person or persons for the relief and benefit of the Creditors of all such Bankrupts And that all and every such grants c. shall be good and available in Law against the Bankrupt his Issue and all claiming by from or under him since the time that he became Bankrupt and also against all other persons whom the Bankrupt by common Recovery or
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
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
whereas by the former Statute made in the said thirteenth year of the reign of the late Queen Elizabeth the Commissioners for Bankrupts have power given to them to send for such person or persons as the creditors shall know suppose or suspect to have detain or keep any part of the mony goods chattels or debts of the said offender or offenders or to be indebted to the said offender or offenders to be examined by the said Commissioners as by the same Statute appeareth but have not good means or remedy by imprisonment or other penalty to procure the person so sent for by them to appear before them nor having appeared before them to make answer upon his oath to such Interrogatories as shall be ministred unto him by the said Commissioners for and upon the specialty certainty true declaration and knowledge of such lands tenements hereditaments goods debts or other things of any such offender or offenders as be or shall be or which shall be suspected to be in his custody use or possession or in the custody use or possession of any other to his knowledge and of all debts owing to or for the benefit of such offender or offenders by himself or by any other to his knowledge so as many times a great part of the offender or offenders lands tenements hereditaments goods chattels or debts which by the true intent of the said Statute should be imployed to the satisfaction of the creditors of the offendor or offenders are concealed or detained in the hands of such person and persons as refuse to come or being come refuse to be sworn before the said Commissioners to be examined in that behalf to the great encouragement of all Bankrupts and their wicked confederates and accessaries and to the great hindrance of the just remedies of the creditors of the said Bankrupts for their true and just debts to them owing For remedy whereof be it further enacted by the authority aforesaid That if any person or persons being known supposed or suspected to have or detain any part of the lands tenements or hereditaments goods chattels or debts of the said Bankrupt or to be indebted to or for the benefit of the said Bankrupt shall after lawful warning to the said person or persons given to come before the said Commissioners or the greater part of them to be examined according to the intent of the said Statute refuse to come or shall not come before the said Commissioners at the time appointed having no lawful impediment such as shall be admitted and allowed of by the said Commissioners or the more part of them and which shall be then signified or made known to the said Commissioners at the time of their assembly Or that any such person or persons having knowledge or warning of any other assembly or meeting of the said Commissioners again shall not come and appear before them at such time as he or she lawfully may come having no such lawful impediment as shall be then made known to the said Commissioners and by them admitted and allowed of as aforesaid Or being come before them shall refuse to be sworn and to make answer to such Interrogatories as shall be ministred unto him or them according to the true intent and meaning of the said Statute made in the said thirteenth year of the reign of our said late Sovereign Lady Queen Elizabeth or of this present Act That then it shall be lawful for the said Commissioners or for the greater part of them to commit to such Ward and Prison as to them or to the greater part of them shall be thought meet all such person and persons as shall so refuse to be sworn and make answer to such Interrogatories as shall be so ministred as aforesaid and also to direct their Warrants to such person or persons as to them or the greater part of them shall be thought meet to apprehend and arrest such person or persons as shall refuse to appear before them as aforesaid and to bring him her or them before the said Commissioners or the greater part of them to be examined as above-said and upon his her or their refusal to come or to be examined before the said Commissioners as aforesaid to commit the said party so refusing to such prisons as the said Commissioners or the greater part of them shall think meet there to remain without bail or mainprise until such time as the said person so refusing to come or to be sworn to answer before the said Commissioners shall submit him or her self to the said Commissioners and be by them examined according to the true intent of the said Statute â— and of this present Act. Provided alwayes that such Witnesses as shall so be sent for shall have such costs and charges as the Commissioners in their discretion shall think fit The same charges to be ratably born by the Creditors of the said Bankrupt according to the proportion of each of their several debts And if any person oâ— persons other than the Bankrupt either by subornation unlawful procurement sinister perswasion or means of any others or by his own act consent or agreement shall wilfully and corruptly commit any manner of wilfull peâ—jury by his deposition to be taken before the said Commissioners or the greater part of them as aforesaid That then the party or parties so offending and all and every person and persons that shall unlawfully and corruptly procure any such unlawful wilful and corrupt perjury shall or may therefore be indicted in any of the Kings Majesties Courts of Record and after his or their conviction thereof shall incur such forfeiture and receive and suffer such pains and punishment as are limited by the Statute made concerning Perjury in the fifth year of the Reign of our said late Sovereign Lady Queen Elizabeth And be it further enacted That all and every sum and sums of money which shall be forfeited by force of this present Act shall be sued for and recovered by the said 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 Majesties Courts of Record and the sum or sums of money so recovered the charges of suit being deducted shall be distributed and divided towards the payment of the said creditors of the Bankrupt And for that the power authority given to the Commissioners of Bankrupts touching the debts due to the said Bankrupts is not so full and perfect as that the full benefit thereof in due course might be imployed to the use of the said Creditors as was intended For remedie thereof Be it further enacted by the Authority aforesaid That the Commissioners of Bankrupts or the greater part of them all have power to grant and assign or otherwise to order or dispose all or any of the debts due to and for the benefit of the said Bankrupt by what person or persons soever or in what manner and form soever to the
custody who at any time after the end of present Session of Parliament shall either by himself or others by his procurement obtain any protection or protections other than such person or persons as shall be lawfully protected by the priviledge of Parliament or shall prefer or exhibit unto his Majesty his Heirs or Successors or unto any of the Kings Courts any Petition or Petitions Bill or Bills against his or her Creditor or Creditors or any of them thereby desiring or indeavouring to compel or enforce them or any of them to accept less than their just and principal debts or to procure time or longer days of payment than was given at the time of their originall contracts or being indebted to any person or persons in the sum of one hundred pounds or more shall not pay or otherwise compound for the same within six months next after the same shall grow due and the Dâ—btor be arrested for the same or within six months after an originall Writ sued out to recover the said debt and notice thereof given unto him or left in writing at his or their dwelling house or last place of abode or being arrested for debt shall after his or her arrest lie in prison two months or more upon that or any other arrest or detention in prison for debt or being arrested the sum of one hundred pounds or more of just debt or debts shall at any time after such arrest escape out of prison or procure his enlargement by putting in common or hired Bayl shall be accounted and adjudged a Bankrupt to all intents and purposes And in the said cases of arrest or lying in prison for such debt or debts or getting forth by common or hired Bayl from the time of his or her said first arrest And be it further enacted by the authority of this present Parliament that the like Commissions Orders Benefits and Remedies which are and be provided and limited by the said former Acts of Parliaments made in the thirteenth year of the late Queen Elizabeth and in the first year of the Reign of our Sovereign Lord the Kings Majesty against any Bankrupts in them or either of them described or for or concerning his her or their Lands Tenements Hereditaments Fees Annuities Offices Goods Chattels Wares Merchandize and Debts or any of them shall and may be had pursued taken and expounded against such person and persons as are herein and hereby declared described or expressed to be Bankrupts and against his her and their Lands Tenements Hereditaments Fees Annuities Officers Goods Chattels Wares Merchandizes and Debts in such manner and form as the same ought and might have been if the persons herein declared described or expressed to be Bankrupts had been by the said Statutes or either of them described to be Bankrupts to all intents and purposes whatsoever And be it enacted by the authority aforesaid That the same orders benefits and remedies which are and be provided and limited by this present Act against any Bankrupts in or by this Act declared described or expressed to be Bankrupts or for or concerning his her or their Lands Tenements Hereditaments Fees Annuities Offices Goods Chattels Wares Merchandizes and Debts or any of them or the discovery of them or any of them shall from henceforth be had pursued taken and expounded against such person and persons as are declared or expressed to be Bankrupts by the said former Acts of Parliaments or either of them and against his her and their Lands Tenements Hereditaments Fees Annuities Offices Goods Chattels Wares Merchandizes and Debts in such manner and form as the same ought and might have been if the persons in the said former Statutes or either of them described to be Bankrupts had been mentioned and described to be Bankrupts in and by this present Act. And whereas by the former Laws the Commissioners appointed have power to examine the Bankrupt himself and such person or persons as are suspected to have or detain of the estate goods or chattels of the Bankrupts but some doubt hath been made whether the Commissioners have power to examine the wives of the Bankrupts touching the same by reason whereof the Bankrupts wives do daily conceal and convey away and cause to be conveyed away much part of their husbands moneys wares goods merchandize and other estate to person or persons unknown to any but such wives by reason whereof much of the Bankrupts estate is concealed and detained from the Creditors For clearing therefore the said doubt and avoiding the inconveniences aforesaid Be 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 be lawfully adjudged or declared to be a Bankrupt the said Commissioners executing such commission shall have power and authority to examine upon oath the wife and wives of all and every such Bankrupt for the finding out and discovery of the estate and estates goods chattels of such Bankrupt or Bankrupts concealed kept or disposed of by such wife or wives in their own person or persons or by their own act or means 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 be sworn and examined or for not disclosing the truth upon her or their examination or examinations as in and by the said former Laws or either of them is already made and provided against any other person or persons in like cases And be it further euacted by the authority aforesaid That if any Bankrupt shall upon his or her examination or examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the execution of this Statute or of any other the aforesaid Statutes or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her examination discover unto the said Commissioners and if it lie in his or her power deliver unto the said Commissioners all that estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assises or general Sessions to be holden before the Iudges of Assise or Iustices of the Peace of the County or place where he or she shall become Bankrupt And if upon such Indictment or Indictments the Bankrupt be thereof
convicted he or shee so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her ears nailed to the Pillory and cut off And for that some doubt is conceived whether the Commissioners in case of resistance have power by the former Laws to break open or cause to be broken open the House or Houses of such Bankrupts which if they have not the remedies by the former Laws given will be to little effect Be it therefore enacted That in the execution of the said Commission it shall be lawful to and for the said Commissioners or the greater part of them or any other person or persons Officer or Officers by them or the greater part of them to be deputed and appointed by their Warrant or Warrants under their hands and seals to break open the House or Houses Chambers Shops Warehouses Doors Trunks or Chests of the said Bankrupt where the said Bankrupt or any of his or her Goods or Estate shall be or reputed to be and to seize upon and order the body Goods Chattels ready Money and other estate of such Bankrupt as by the said former Laws are limited and appointed whether it be by imprisonment of his or her body or otherwise as to the said Commissioners or the greater part of them shall be thought meet And for the better division and distribution of the Lands Tenements Hereditaments Goods Chattels and other Estate of such Bankrupts to and amongst his or her Creditors Be it enacted that the Commissioners or the greatest part of them shall and may examine upon oath or by any other ways or means as to them shall seem meet any person or persons for the finding out and discovery of the truth and certainty of the several debts due and owing to all such Creditor and Creditors as shall seek relief by such course or Commission to be sued forth as aforesaid And that all and every Creditor Creditors having security for his or their several Debts by Iudgment Statute Recognizance Specialty with penalty or without penalty or other security or having no security or having made Attachment in London or any other place by vertue 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 he or she shall or do become Bankrupt shall not be relieved upon any such Iudgment Statute Recognizance Specialty Attachments or other security for any or more than a ratable part of their just and due debts with the other Creditors of the said Bankrupt without respect to any such penalty or greater sum contained in any such Iudgment Statute Recognizance Specialty with Penalty Attachment or other Security And be it further enacted that if it shall happen any the Lands Tenements Goods Chattels Debts or other estate of any Bankrupt to be extended after such time as he or she is become a Bankrupt by any person or persons under colour or pretence of his or their being an Accomptant or any way indebted unto our Sovereign Lord the Kings Majesty his Heirs or Successors that then it shall be lawful to and for the said Commissioners to examine upon oath whether the said Debt were due to such Debtor or Accomptant upon any bargain or contract originally made betwixt such Accomptant and the said Bankrupt the said Debtor or Accomptant and his or their servants And if such bargain or contract was originally made to and with any other person or persons than the said Debtor or Accomptant or for the use and trust of any other person or persons than it shall and may be lawful to and for the said Commissioners or the greater part of them to order 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 seek relief by the said Commission And that the order and disposition of the said Commissioners or the greater part of them shall be good and available a gainst the said extent and against all persons claiming from by or under the said extent And that such person or persons to whom the said Lands Tenements Goods and Chattels so extended shall be bargained sold granted or assigned by the Commissioners aforesaid or the greater part of them shall have good remedy to have demand and recover the same against such person and persons who shall detain the same And for that it often falls out that many persons before they become Bankrupts do convey their Goods to other men upon good consideration yet still do keep the same and are reputed the owners thereof and dispose the same as their own Be it enacted that if at any time hereafter any person or persons shall become Bankrupt and at such time as they shall so becōme Bankrupt shall by the consent and permission of the true owner and proprietary have in their possession order and disposition any Goods or Chattels whereof they shall be 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 to and for the benefit of the Creditors which shall seek relief 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 men to become Bankrupts Be it further enacted that the said Commissioners or the greater number of them shall have power by vertue of this Act by deed indented and enrolled within six months after the making thereof in some of his Majesties Court of Record at Westminster to grant bargain sell and convey any Mannors Lands Tenements or Hereditaments whereof any Bankrupt is or shall be in 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 Majesty 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 of all such Bankrupts and that all every such grants bargains sales and conveyances shall be good and available in the Law to such person or persons and their heirs against the said Bankrupts and against all and every the Issues of the body of such Bankrupts and against all and every person and persons claiming any estate right title or interest by from or under the said Bankrupts after such time as such person shall become Bankrupt and against all and every other person and persons whatsoever whom the said Bankrupt by common recovery or other ways or means might cut off or debar from any remainder reversion rent profit title or possibility into or out of any the said Mannors
the Law will not trust him with the distribution of his Goods vide Coke lib. 2. 26. a. Case of Bankrupts 29. Secondly more Particularly In particular the Bankrupts are to be proceeded against by Persons immediately authorized by Act of Parliament or mediately Touching the Bankrupts Person the persons immediately authorized are set forth by 34 H. 8. cap. 4. to be the Lord Chancellor or Lord Keeper for the time being Lord President Lord Privy-Seal oâ— other of the Kings most Honourable Privy-Counsel and the Chief Justice of either Bench for the time being or three of them at the least whereof the Lord Chancellor or Keeper of the Great Seal Lord Treasurer Lord President or the Lord Privy-Seal to be one who upon every complaint made to them in writing by any parties grieved shall have power and authority by vertue of the said Act to take by their wisdom and discretion such orders and directions as well with the bodies of the said offendors wheresoever they may be had as well in their houses as else where by imprisonment of their Bodies or otherwise as also with their Lands Tenements c. which they have in Fee-simple Fee-tail for term of life term of years or in the right of their wives as much as the interest Right and Title of the same offenders shall extend to or be and may then lawfully be departed with by the said offendors and also with their moneys goods chattels wares merchandises and debts wheresoever they may be found or known c. 34 H. 8. cap. 4. 30. So that the power given by the said Statute relates either to the person or estate of the Bankrupt First as to his person viz. If the offender doth withdraw out of the Kings Dominions to defraud his Creditors upon complaint thereof made in writing to the said Lords having authority as aforesaid they shall by vertue of the said Act have power to award Proclamations to be made in such places as to them shall be thought meet and convenient commanding by the same such offendor in the Kings name to return with all convenient speed into this Realm and to yield his body before the said Lords or one of them And if the said person within three months after he shall have notice of such Proclamation or so soon after as he conveniently may do not repair and yield his body as aforesaid That then the body of all and every such offender and offenders shall be adjudged taken and deemed to all intents and purposes out of the Kings protection and his Goods Chattels Lands Tenements and Debts shall be by the order and discretion of the said Lords employed and distributed amongst the offenders Creditors equally c. 34 H. 8. cap 4. 31. Secondly Touching the offendors Touching the Bankrupts estate estate observe more particularly first the power given to the Lords by 34. H. 8. for the discovering and obtaining of it Secondly for their disposal and ordering of it 32. First for the discovery and The discovery of it obtaining of it The effect of that Statute is That if after any such Act or offence committed and complaint thereof made to the Lords as aforesaid by any party grieved concerning the premises who knowing or suspecting any of the goods chattels wares merchandizes or debts of such offendors to be in the custody use or possession of any person or persons or any person or persons to be indebted to any such offendor or offendors do make relation thereof to the said Lords then they are impowred by the said Statute to send for and convent before them such person or persons so known or supposed to have any such goods wares c. in their custody or to be indebted to the offendor or offendors and upon their appearance to examine them and every of them as well by their Oaths as otherwise for and upon the specialty certainty true declaration and knowledg of all and singular such goods wares debts c. as be suspected to be in his or their custody use c. And if the person so examined do not plainly disclose the whole truth of such things whereof he shall be examined touching the premises then every such person or persons so examined and not declaring the plain and whole truth upon such proof thereof made before the said Lords as they shall judge sufficient in that behalf shall lose and forfeit double the value of all such goods wares c. so concealed to be levied by the said Lords by such ways and means as they shall think fit the same to be distributed to the Creditors in such manner as the Bankrupts Estate 34 H. 8. cap. 4. 33. And that if any person or persons do fraudulently by covin or collusion demand any debt or other thing by writing or otherwise of such offendor or offendors other than such as he or they can and do prove to be justly due before the said Lords that then every such person or persons so crastily demanding any such debt c. shall forfeit the double of what he shall so claim c. to be levied and imployed as aforesaid 34. So if the Bankrupt after he shall do those acts whereby he is declared Bankrupt shall suffer fraudulent recoveries against him of any debts goods c. upon complaint thereof to them made the Lords are impowred to convent before them the Recoverers and after such fraud discovered the said goods c. so recovered shall be chargeable to the Bankrupts debts and be disposed of to the Creditors notwithstanding such Recovery 34 Hen. 8. cap. 4. 35. Secondly Observe the power Disposal of the Bankrupts estate given by that Statute to the Lords for disposing and ordering of the Bankrupts Estate First they have power to cause the Bankrupts Lands Tenements Fees Offices Annuities Goods and Chattels Debts c. to be viewed rented and appraised Secondly To make a sale of the said Lands c. or otherwise to order the same for the true satisfaction and payment of the said Creditors rate and rate like according to the quantity of their debts Thirdly And that every direction order bargain sale and other things done by the said Lords as aforesaid in wâ—iting signed with their hands shall be good and effectual in the Law to all intents c. against the offenders their heirs and executors for ever as if done and executed by the offendors themselves 34 Hen. 8. chap. 4. Which Statute of 34 H. 8. although it be now out of use yet in regard I do not find itactually repealed I suppose it will not bethought altogether superfluous to be taken notice of The proceedings against and punishment of the Bankrupt by persons mediately authorised by Parliament 36. The next things considerable are the proceedings against and punishment of the Bankrupt by Commissioners Commissioners Their Commission or persons mediately authorized by Parliament wherein take notice First of their Commission and therein observe first from
whom obtained the Lord Chancellor of England or Lord Keeper of the Great Seal for the time being upon every complaint made unto him in writing against any such person or persons being Bankrupt shall have full power and authority by Commission under the Great Seal to name and appoint such honest and discreet persons as to him shall seem meet c. 13 Eliz. cap. 7. Secondly by whom to be obtained by the Creditors Thirdly when to be obtained it must be within five years after that the party shall become a Bankrupt or else it is not to prejudice purchasers 21 Jac. chap 19. the words of the Statute are Provided that no purchaser for good and valuable consideration shall be impeached by vertue of this Act or any other Act against Bankrupts unless the Commission to prove him or her a Bankrupt he sued forth against such Bankrupts within five years after he or she shall become a Bankrupt ibid. Family The duration of the Commission it is not determined by the Bankrupts death for bâ— 1 Jac. cap. 15. it is thus enacted Provided always and be it enacted that 〈◊〉 after any Commission of Bankrupts hereafter sued forth and dealt in by the Commissioners the offendor happen to die before the Commissioners shall distribute the Goods Lands and Debts of the offendors or any of them by force of the aforesaid Statute of 13 Eliz. and this Statute or either of them That then nevertheless the said Commissioners shall and may in that case proceed to execution in and upon the said Commission for and concerning the offendors goods lands tenements hereditaments and debts in such sort as they might have done if the party offendor were living 1 Jac. 15. 37. If such or such number of the Commissioners die so that the rest cannot proceed and thereupon a new Commission be granted to other Commissioners they may call the surviving Commissioner or Commissioners before them to give accompt for such part of the Bankrupts estate whereof the old Commissioners made no distribution as persons who have the Estate of the Bankrupts in their hands Stones Lecture fol. 19. and 187. 38. Secondly Note the authority given the Commissioners so commissionated as aforesaid by several Acts of Parliament First as touching the Bankrupt himself Secondly as touching his Estate 39. First as to the Bankrupt himself To cause the Bankrupt to appear by the Statute of 13 El. chap. 7. it is thus set forth And be it enacted that if any such person or persons which is or shall be indebted do of purpose withdraw him or themselves out of or from his or their usual mansion house or houses that then upon complaint thereof made to the said Commissioners the same Commissioners or the more part of them shall by vertuâ— and authority of this presâ—nt Aâ—â— have full power and authority to awaâ—â— five Proclamations to be made in the Proclamations Queens Name upon five sundry Market-days in such places near the place when such Bankrupt hath most commonly dâ—elled or made his abode commanding hiâ— or them by the said Proclamations in the Queens name to return with all convenient speed and to yield his or their Body before the said Commissioners or one of them at such time and place as by the said Proclamation shall be appointed and if the said Person or persons do not according to such Proclamation repair and yield his or their body as aforesaid thaâ— then the body of all and every such offendor or offendors shall be judged taken and deemed to all intents and purposes out of the Queens Protection And that every person and persons that shall willingly or wittingly receive dâ—tain or keep secretly any person or persons so demanded by Proclamation as is aforesaid shall suffer such pain of imprisonment of his or their bodies or pay such Fine to our Soveraign Lady the Queens Majesty her heirs and Successors as the said Lord Chancellor or Lord Keeper of the Great Seal being informed thereof by the Commissioners so to be appointed as is afore said or the more part of them shall seem meet and convenient for their said offence or offences 13 Eliz. chap. 7. 40. And by the Statute of 1 Jac. Warninâ— left in writing chap. 15. The said Commissioners may call before them or the greater part of them the said Bankrupt and it upon lawful warning left in writing at three several times at the dwelling place or house where the said Bankrupt his wife or family for the most part of his abode did lodge or remain within one year next before he she or they became Bankrupt the said Bankrupt shall not appear before the said Commissioners or the greater part of them that then and from â—henceforth it shall be lawful for the greater number of the said Commissioners to appoint to proclaim the said party a Bankrupt at such publick place Proclamation or places where the said Commissioners or the greater part of them shall â—hink meet warning him her or them to appear before them upon the said Commission at some time appointed And that if upon five several Proclamations made in some publick place the party offending appear not before the said Commissioners and yield his her or their bodies to them or some of theâ— the said Commissioners or greater parâ— of them shall or may award a warrant 〈◊〉 such fit person or persons as they shâ—â— think meet to apprehend the body aâ—â— bodies of the said offendor and offendors and to bring him her or themâ— offending before the said Commissionerâ— wheresoever the said party or parties 〈…〉 fending may be sound in places privâ—ledged or not to be examined by 〈◊〉 said Commissioners or the greater 〈◊〉 Breaking open houses c. to take the Bankrupts of them 1 Jac. chap. 15. 41. And by 21 Jac. chap. 19. Tâ— said Commissioners or the greater pâ—â— of them in execution of the said Coâ—mission or any other person or persoâ— by them to be deputed by their warrâ— or warrants under their hands or seâ— have power to break open the house 〈◊〉 houses Chambers Shops c. of the 〈◊〉 Bankrupt where the said Bankrupt 〈◊〉 his goods c. shall be and to seize upoâ— and order the person c. of such Barâ—rupt as by former Laws are appointeâ— c. 21 Jac. 19. And by 13 Eliz. châ— 7. The said Commissioners have power given them to take order by their discretion with the body of the Bankrupt wheresoever he or she may be had either in his or her houses Sanctuary or elsewhere c. Ibid. 42. Secondly Observe the power of the Commissioners as to the estate of the Bankrupt and therein take notice First of what estate Secondly the means for the discovery and obtaining of it Thirdly their disposal of it Of what Estate of the Bankrupts the Commissioners may dispose 43. First Of the Bankrupts real Real Estate Estate Lands tenements and hereditaments as well Copy-hold or Customary-hold as
other ways or means might cut off or debar from any Remainder Reversion Rent Profit Title or possiblity into or out of any of the said Manors Lands Tenements or Hereditaments 21 Jac. cap. 19. 54. Also Lands Tenements c. Lands descended purchased by or descended or come to the Bankrupt before his debts payed or agreed for as appears by 13 Eliz. cap. 7. where it is thus 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 hereafter purchase any Lands Tenements Hereditaments Free or Copy or 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 fully be satisfied and payed or otherwise agreed for That then the said Lands c. shall be sold by the said Commissioners or the more part of them for and towards the payment of the Creditors in such manner as other Lands c. of the Bankrupts which they had when they were first declared to be Bankrupts should or might have been c. 13 El. cap. 7. 55. If after the commission awarded c. and distribution made of all the Bankrupts Estate towards the satisfaction of the Creditors every Creditor having an equal part Lands Goods c. descend or come to the Bankrupt Mr. Stone makes a quere fo 17. whether in such case they shall be subject also to a new sale or distribution And it seems that they shall for the Commissioners power is not fully executed until the Creditors be satisfied 56. The Commissioners have also Lands exteâ—ded power to sell Lands Tenements c. of the Bankrupts extended by such as pretend to be accomptants to the King by 21 Jac. cap. 19. It is thus If iâ— shall happen any Lands Tenements c. Goods Chattels Debts or other Estate of any Bankrupt to be extended after such time as he or she is become a Bankrupt by any person or persons under colour or pretence of his or their being accomptant or any ways indebted unto our Soveraign Lord the King's Majesty his Heirs or Successors That then it shall and may be lawful to and for the said Commissioners to examine upon Oath whether the said debt were due to such debtor or accomptant upon any bargain or contract originally made between such accomptant and the said Bankrupt c. and his or their Servants And if the said Bargain or Contract was originally made to and with any other person or persons than the said Debtor or Accomptant or for the use or trust of anyother person or persons Then it shall and may be lawful to and for the said Commissioners or the greater part of them to order and dispose of all such Lands c. to and for the use of the Creditors which shall seek relief by the said Commission And that the order and disposition of the said Commissioners or the greater part of them shall be good and available against the said extent And that such person and persons to whom the said Lands c. shall be bargained sold c. by the said Commissioners as aforesaid or the greater part of them shall have good remedy to have demand and recover the same against such person or persons that shall detain the same c. 21 Jac. cap 19. 57. The Commissioners cannot Lands conveyed by the Bankrupt bonafide sell any Lands Tenements Hereditaments conveyed by any such Bankrupt bonafide before he became Bankrupt At the later end of 13 El. cap. 7. there is such a Proviso viz. Provided always that this Act shall not extend to any Lands Tenements or Hereditaments free or copy-hold which heretofore hath been assured by any such Bankrupt or hereafter shall be assured by any Bankrupt before he became Bankrupt so that always such assurance be made bonafide and not to the use of the Bankrupt himself only or 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 13 El. cap. 7. 58. It was resolved Cook lib. 2. 26. a. case of Bankrupts by the Court That the Proviso concerning gifts and grants bona fide 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 suppose this resolution should be applied to that part of 13 El. cap. 7. which imposeth the penalty or forfeiture of double the value for detaining or possessing fraudulently by covin or collusion any debts c. Lands Tenements c. of the Bankrupts other than such as are due c. and the same to proceed bona fide without fraud or covin c. although in Poulton the said Book and resolution be quoted in the Margine opposite to the Proviso before set down in Sect. 57. 59. Also the Chattels and Goods Personal Estate of the Bankrupts are saleable c. by the Commissioners 13 El. cap. 7. I. Chattels Real Chattels real as Leases for years A Lease for years is made Provided that the Lessee shall not alien the Lessee becomes a Bankrupt It is a Quaere in Mr. Stones Lecture fo 15. whether the sale of the Commissioners to be a forfeiture To which it may be answered in the negative that it is not because this interest is transmitted by Act of Parliament to which every man is intended party and not by sale of the Lessee 60. Offices are likewise mentioned Offices in 13 Eliz. cap. 7. and made saleable by the Commissioners which by Stone in his lecture fo 13. is intended to be Offices of Inheritance c. as the Warden of the Fleet and such like and not Offices of Trust c. And by 3 H. 7. cap. 12. any Offices which concern the administration of Justice or Clerkship in any Court of Record or which concern the Kings Treasure Revenue Customs c. cannot be bargained or sold for Money but such bargain and sale is void and both buyer and seller made incapable c. Therefore doubtless such offices cannot be assigned by the Commissioners in satisfaction of a Debt of the Bankrupts nor are comprehended within the said Statute there being other Offices that may be sold and so the words of the Statute satisfied and Offices of Trust are individually annexed to the person vid. Coke lib. 9. 48. a. The Earl of Sbrewsburies case 61. Secondly The Bankrupts personal 2. Chattels personal Estate Goods or Chattels of the Bankrupt wheresoever to be found by 13 El. cap. 7. are made saleable by the Commissioners They may sell a Bankrupts goods in Ireland Stone in his Lecture fo 90.
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
months after the commission sued forth by 1 Jac. cap. 15. The words are And that it shall and may be lawful for any of the Creditors of the said Bankrupt within four months after any such Commission shall be sued forth and until distribution shall be made by the said Commissioners for the payment of the Bankrupts debts as in such case hath been used to partake and joyn with the other Creditors that shall sue forth any such Commission for satisfaction or payment of his her or their debts to him or them owing without any let hindrance or disturbance of any of the same Commissioners or of any of the other Creditors of the said Bankrupts the same Creditors so coming in to contribute to the charge of the said Commission and that if the Creditors come not in within four months then the Commissioners to have power to distribute 1 Jac. chap. 15. 106. In a Case of one Ruggles of Suffolk upon view of the Statutes of 13 El. c. 7. 1 Jac. c. 15. of Bankrupts it was resolved by the Court that if certain Creditors sue a Commission and others within four months after or more being Creditors come before distribution and will joyn in the charge of the Commission and all that belongs to it and tender their parts thereof that they shall not be refused but shall have their equal parts as Creditors but if any distribution be made of any part of the estate no Creditors are to be admitted after that came not in before Hobart 287. Ruggles Case 107. A Commission was sued out by some of the Creditors of the Bankrupt and they pursued it and the Lands were sold after other Creditors prayed to be joyned with them Resolved in this case First That the Commissioners may sell and prepare for distribution presently upon the execution of the Commission but untill the four months past they may not proceed to distribution Secondly That in this case the offer of the Creditors to be joyned was not an effectual offer without offering to be contributory to the charge but to offer any particular sum is not necessary and these words for the charge of the Commission are to be extended to all charges arising in suing forth of the Commission and in execution and defence thereof Thirdly Resolved That at any time before distribution the Creditors may come pray to be joyned but after the four months past and distribution made they come too late for so the distribution may be made void ' Hutton 37 38. Ruggles case Hughes Abridgments 316. Case 2. 108. Next observe the time of Time of distribution satisfaction or distribution it seems it must not be untill four months after the Commission sued forth for so much time is given to other Creditors to come in and joyn in the Commission and if the Creditors come not in within that time the Commissioners may distribute 1 Jac. chap. 15. 109. The manner of the distribution No respect is to be had to the nature Manner of distribution of the security for by 13 El. 7. the Commissioners are to sell or otherwise to order the Bankrupts estate for true satisfaction and payment of the Creditors rate and rate like according to the Quantity of his or their debts 23 El. chap. 7. A debt due to the Bankrupt by Bond cannot be assigned to two of his Creditors joyntly but part to one and part to another and by vertue of the Statutes they may sue severally c. Godbolts Reports 195. 110. The Commissioners ought to make a several distribution to the Creditors and not a joynt-sale for the Act saith †13 â—â— 7. it must be to every one rate and rate-like but where a debt is joyntly due there the Commissioners may satisfie the same by a joynt sale to them Cook lib. 2. 26. b. Case of Bankrupts 111. All and every Creditor and Creditors having security for his or their several debts by Judgment Statute Recognizance specialty with penalty or without penalty or other security or having no security or having made attachment in London or any other place by vertue of any custom 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 he or she shall or do become Bankrupt shall not be relieved upon any such Judgment Statute Recognizance Specialty Attachments or other security for any more than a â—â—ateable part of their just and due debts with the other Creditors of the said Bankrupts without respect to any such penalty or greater sum contained in any Judgment Statute Recognizance Specialty c. or other security 21 Jac. chap. 19. I suppose security by Mortgage of Lands cannot be within this Statute for there is particular provision for the same in the same Statute 21 Jac. 19. nor are lands extended as it seems within the said clause by reason of the words before whereof there is no execution or extent served or executed The next thing considerable is the effect of the distribution made by the Commissioners as aforesaid 112. First in general as to Lands Tenements Hereditaments goods chattels and other estate of the Bankrupt by 13 Eliz. chap. 7. It is enacted That every direction order bargain sale and things done by the said persons so authorized viz the Commissioners or greater number of them shall be good and effectual in the Law to all intents constructions and purposes against the said offender or offenders debtor or debtors his or their wife or wives heir and heirs child and children and such person and persons as by joynt purchase with the said offender or offenders shall have any estate or interest in the premises and against all other person and persons claiming by from or under such offender or offenders debtor or debtors by any Act or Acts had made or done after any such person shall become Bankrupt as aforesaid and also against the Lords of the Mannors c. vide after for Copy-holds 13 Eliz. chap. 7. But not to bar any purchaser upon valuable consideration unless the Commission be sued forth within five years after the party becomes a Bankrupt by 21 Jac. chap. 19. 113. Secondly As to Lands intailed Lands intayled of the Bankrupts the Statute gives power to the Commissioners to grant bargain and sell by deed inrolled Lands c. intailed of the Bankrupts vide devant Sect. 53. and then adds that all and every such grants bargains sales and conveyances shall be good and available in the Law to such person or persons and their heirs against the said Bankrupts and against all and every the issue of the bodies of such Bankrupts and against all and every person or persons claiming any estate right title or interest by from or under the said Bankrupts after such time as such person shall become Bankrupt and against all and
Conveyances By Way of APPENDIX By The Same Author The Resolutions of the Judges c. 1. THe Statute of 13 El. cap. 5. is Fraudulent Conveyances 13 El. Chap. 5. made perpetual by 25 El. cap. 5. The words are For the avoiding and abolishing of feigned Conveyances covenous and fraudulent Feoffments Gifts Grants and Alienations Conveyances Bonds Suits Judgments and Executions as well of Lands and Tenements as of Goods and Chattels which have been and are contrived or devised of malice fraud coven collusion or guile to the end to delay hinder or defraud Creditors and others of their just and lawful Actions Suits Debts Accompts Demages Penalties Forfeitures Herriots Mortuaries and Reliefs not only to the let or hindrance of the due course and execution of Law and Justice but also to the overthrow of all true and plain dealing between man and man c. 2. Be it therefore declared ordained and enacted that all and every Feoffment Gift Grant Alienation Bargain and Conveyance of Lands Tenements Hereditaments Goods and Chattels or any of them or any Lease Rent Commons or other profit or charge out of the same or any of them by writing or otherwise and all and every Bond Suit Judgment and Execution at any time had or made since the beginning of the said Queens Reign or at any time hereafter to be had or made to or for any intent or purpose before declared and expressed shall be from henceforth deemed and taken only against the persons their Heirs Successors Executors Administrators and Assigns whose Actions Suits Accompts Damages c. by such Practises may or shall be in any ways disturbed to be clearly and utterly void Any pretence colour feigned consideration expression or use other matter or thing to the contrary notwithstanding 3. And be it further enacted That all and every the parties to such feigned covenous or fraudulent Feoffment Gift Grant Alienation Bargain Conveyance Bonds Suits c. and other things before expressed and being privy and knowing of the same or any of them which at any time after the 10th day of June next coming shall wittingly and willingly put in ure avow maintain justifie or defend the same or any of them as true simple and done or made bona fide and upon good consideration or shall alien or assign any of the Lands Tenements Goods Leases or other things before mentioned to him or them conveyed as aforesaid or any part thereof shall incur the penalty and forfeiture of one years value of the said Lands Tenements Hereditaments Leases Rents Commons or other profits out of the same and the whole value of the said Goods and Chattels and so much money as shall be contained in any such covenous and feigned Bond The one moiety thereof to the Queens Majesty the other to the party grieved by such feigned and fraudulent Gift Grant c. to be recovered in any of the Queens Courts of Record by Debt Bill Plaint or Information wherein no essoin protection or wager of Law shall be admitted for the Defendant or Defendants And he also being lawfully convicted shall suffer imprisonment for half a year without Bail or main prise 4. Provisoes First that the Statute What the Statute extends not to shall not extend to common Recoveries c. Secondly nor to any person or persons that shall use any voucher in Formedon Thirdly Nor to any Conveyances made upon good consideration and bonafide to any person or persons corporation c. without covin c. 5. Between Pauncefoot and Blunt Gift made by a Papist in the Chequer Chamber the case was Pauncefoot being a Papist was indicted for his Recusancie and he made a gift of all his Leases and Goods upon colourable consideration and fled beyond Sea and was after outlawed upon the said Indictment and some thought that by the Common Law the said gift was void in regard it was in prejudice of the Queen but all agreed that the said Statute of 13 Eliz. extends to it for it extends not only to Creditors but to all such as have any cause of action or suit or any penalty or forfeiture And it was also resolved that this word Forfeiture shall be intended not only of a forfeiture upon an Obligation Recognizance c. but to every thing lawfully forfeited to the King or a Subject and therefore Feloâ— if a man to prevent a forfeiture by felony or outlawry makes a gift of all his Goods and after is attained or outlawed these Goods are forfeited notwithstanding the Gift Cook lib. 3. 82. Per Heir of Debtor 6. It was held that the Statute of 13 Eliz. cap. 5. extends to a fraudulent conveyance made by the Heir of the Debtor of lands descended to him from his deceased Ancestor as well as by the Debtor himself for in such case the Heir is Debtor and the Writ against him is in the debet and detinet whereas against an Executor it is in the detinet only Croke part 1. 350. p. 1. 7. It was found by a special Verdict Gift upon Condition That a Testator was seized of divers Goods to the value of 250l and by covin to defraud his Creditors he made a gift of the said Goods to his Daughters with a condition that upon payment of 20 s. it should be void and dyed this was held to be a fraudulent gift by 13 Eliz. cap. 5. and that notwithstanding it the Goods continued Assets Croke part 1. 810. p. 16. Bethel and dw Stanbope 8. An Executrix makes a fraudulent Gift by Executrix who continues possession gift of the goods of the Testator and inter-marrieth and her husband taketh upon him payment of Debts c. The Goods being still in their possession were held to be still Assets Croke part 1. 406. p. 16. Wilcotts vers Watson 9. A man maketh a Lease for 80 Consideration years of Lands without any consideration and he after setleth a Joynture upon his Wife of the same Lands she could not avoid that Lease because the Conveyance to her was likewise voluntary and without any valuable consideration Croke part 1. 445. p. 8. Vpton and Bassett 10. Pierce was in debt to Twine Gift pending a writ 400 l. and to C. 200 l. C. brought Debt against Pieâ—ce and pending the Writ Pierce being possess'd of goods to the value of 300 l. in secret makes a general gift of all his Goods and Chattels real and personal whatsoever to Twine in satisfaction of his debt and yet notwithstanding Pierce continueth in possession and some of them he sold and he marked the sheep with his own mark And after C. had a Judgment against Pierce and a Fieri Facias to the Sheriff who coming to make execution by force of the Writ divers persons by Twines Command resisted the Sheriff claiming the goods as Twines by force of the said gift and this was resolved to be a fraudulent gift and that in the said case there were Marks of Fraud these several marks of fraud First the gift
Deed inrolled to the Queen In this case the purchaser shall enjoy the Land against the Queen by the Statute of 27 Eliz. for that Act being general and made in suppression of fraud shall bind the Queen Cook lib. 11. 74. a. Magdalen Colledg Case 7. A man conveyed his Lands to Future power of Revocation the use of himself for life and after to the use of divers others of his blood with a future power of Revocation viz. after such a Feast or after the death of such an one c. and before the power of Revocation commenceth he for valuable consideration doth bargain and sell the same lands to another and his heirs this bargain and sale is within the remedy of 27. Eliz. cap. 4. for although the Statute saith the first conveyance not by him revoked which seems by the literal sence to be intended of a present power of Revocation for no revocation can be made by force of a future power before it comes in esse yet it was held that the intent of the Act was that such voluntary Conveyance that was originally subject to a power of Revocation be it in present or in future shall not stand against a purchaser who cometh in upon good and valuable consideration and bona fide Cook lib. 3. 82. Twines Case 8. Resolved That if a man hath Power of Revocation extinguished power of Revocation and after to the intent to defraud a purchaser he levy a Fine or make a Feoffment or other conveyance to a stranger whereby he extinguisheth this power and after he bargain and sell the lands to another for valuable consideration the Bargainee shall enjoy the Land for as to him the Fine Feoffment or other conveyance by which the condition was extinct was void by the said Act of 27 Eliz. And it was said that the said Act made voluntary Conveyances with power of Revocation in an equal degree as to purchasers with conveyances made to defraud purchasers Cook lib. 3. 82. b. Twines Case 9. If a man make a Lease for Consideration years by covin and fraud and after make another Lease bona fide without Fine paid or rent reserved the second Lease shall not a void the first for first it was agreed that by the Common Law an Estate made by fraud shall be only void against him that had a former right and not against him that had a puisne right or interest Secondly no purchaser shall avoid a precedent conveyance made by fraud or covin but he that is a purchaser for money or other valuable consideration and the words good consideration in the Act ought to be understood of valuable consideration only and not a consideration of nature or blood c. Cook lib. 3. 83. Twines Case 10 A man of little capacity and not able to govern the Lands descended to him and being disposed to riot and disorder by mediation of friends openly conveyed his lands to them upon trust and confidence that he should take the profits for his maintenance and that he should not have power to waste and consume them and after being seduced by persons he sold his Lands to them for a small sum of money And this bargain and sale although it was for money was held to be out of 27 Eliz. which Act was made against fraud and deceit and shall not aid any purchaser that cometh not to the Land for good consideration lawfully and without fraudor deceit but such a conveyance made upon trust were void as to him that purchaseth it for valuable consideration and bona fide Cook lib. 3. 83. b. Twines Case 11. If a man seized of Lands in Notice of the fraud Fee make a fraudulent Conveyance to the end to deceive and defraud a purchaser against the Statute of 27 Eliz. and continueth in possession and is reputed as owner and B. enter into communication with A. for the purchase of it and by accident B. hath notice of this fraudulent conveyance and yet notwithstanding he concludes with A. and taketh an assurance from him yet B. shall avoid this fraudulent conveyance by the said Act of 27 Eliz. notwithstanding his notice for the Act by express words makes the fraudulent conveyance void as to a Purchaser for the notice of a Purchaser cannot make that good which by Act of Parliament is void as to it Cook lib. 5. 60. 12. One after Marriage voluntarily Voluntary Conveyance assigns a Lease for years as it were in joynture for his wife and took the profits and after sold it to one who had no notice of this conveyance this was held to be within 27 Eliz. although at the first it was not made upon trust to be revoked c. because it was a voluntary conveyance at the first and shall be intended fraudulent at the beginning But if at the time of the Marriage or after by reason of a portion given by his wives friends in recompence thereof and for a Provision for maintenance of his wife he had made an assignment of such a Lease to his wives friends and had after taken the profits thereof as in reason he ought during his life and had then sold that Term yet it had not been within the said Statute Crook part 2. 158. Colvil vers Parker 13. A man Covenants for natural love c. to stand seized to the use of himself for life the remainder to his Son in Tail with a power of Revocation and a Proviso to make Leases for 21 years and after makes a Lease for 21 years for 30 lib. Fine paid Resolved That notwithstanding this voluntary and revokeable conveyance yet the Lease for years was absolutely good by 27 Eliz. and as to the Lessee the conveyance shall be construed as if it had been revoked and that the Lessor was then Tenant in Fee and it was also resolved That in case of a Lease for years made as before there had been a Rent only reserved it had been a good consideration and within the Statute and the making of such Lease was a revocation of the first Estate according to the Lease Crook part 2. 181. p. 19. Also it was resolved that the said Lease for years respect being had only to the Proviso and power thereby given was void for it being only a covenant and the consideration not extending to the Lease for years no use is raised to him thereby ibidem 14. Grandfather Father and Son the Grandfather upon the Fathers marriage makes the Wife of the Father a Joynture and at the same time covenants to demise other Tenements to the Father for 1000 years and after maketh such demise accordingly to commence after his death in which was a Proviso to make the same void upon the Fathers dying without issue or making a Lease not reserving the ancient Rent the Father after assigns the said Lease to the use of his Son an infant to the intent that it should not drown by the descent of the reversion and with the colourable purpose and intent that the infant should pay debts c. The Grandfather dies the Father enters into the Lands and taketh the Profits and makes Leases and doth other Acts as Owner and neither the Assignees nor Infant took any Profits or paid any Debts and the Assignment was made to divers persons of good reputation but the assignment it self was delivered into the hands of a person of mean quality The Father after bargains and sells the said Lands for a great sum of money by Deed inrolled By all which marks the said Lease and Assignment were taken to be fraudulent Cook lib. 6. 72. a. Burrells case 15. Resolved in the said Case That whereas the words of the said Act of 27 Eliz. are That all and every Conveyance Grant c. for the intent to defraud or deceive such persons as have purchased or shall purchase the same Lands c. shall be deemed only against such Purchaser void yet if the Father make a Lease by fraud and covin of his Lands to defraud others to whom he shall demise or sell it as all fraudulent demises shall be intended and before the Father sells or demiseth it he dieth and the Son knowing or not knowing the said Lease sell the Lands upon good consideration In this case the Vendee shall avoid the said Lease by the said Act of 27 Eliz. for the words of the Act are general and it is not needful that he who sold the Land should make the former Estate or incumbrance But if the Estate be fraudulent whosoever is the seller the Purchaser shall avoid such fraudulent Estate Also it was resolved That although the Father had nothing of Inheritance in the Land at the time of the assignment of the Lease but the inheritance was in the Grandfather yet when the Grandfather dieth and the Father sells the Land his Vendee shall avoid the said Term for if he had bargained and â—old the Term only the bargain should have avoided the fraudulent assignment and by consequence the Vendee of the whole Fee-simple shall avoid it Coâ—k lib. 6. 72. a. b. Burrells case 16. In Trespass The Plaintiff and Dâ—sendant claim by several Leases from the same man The Plaintiff in his Declaraâ—io◠〈…〉 the defendants Lease to be made by fraud but sheweth not any consideration payed by himself whereupon the Defendant Demurs Yelverton at Common Law there was not any fraud remedied to defeat an after purchase but that only which was committed to defeat a former interest which was granted and 27 El. doth not aid it for here is no consideration payed for the second Lease no more than for the first Lukener contra A thing obtained by a mans own act makes a man a purchaser within the said Statute and the fraud is confessed by the Demurrer Anderson the confession of the fraud is not material in regard the Plaintiff is not such a person as ought to have benefit thereby and within the remedy and provision of the Act and by that Act a fraudulent conveyance is not made void against all but only against such as come in upon valuable consideration Wamsey according and he said that a fraudulent gift of goods remains good against the donor but not against his Creditor by 13 Eliz. Crook part 1. 445. p. 8. Vpton vers Basset FINIS