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
use of the creditors of the said Bankrupt according to the true intent of the said former recited Statute of Bankrupts And that the same Grant Assignment or disposition of the said debts in form aforesaid to be made by the said Commissioners or the greater part of them shall so vest the property right and interest of the said debt and debts in the person or persons of him her or them to whom it shall be granted assigned or ordered by the said Commissioners or the greater part of them as fully to all intents and purposes as if the said Bill Bond Bonds Statutes Recognizances Iudgment or Contract whereupon the said Debt or Debts Deed or Deeds shall arise or grow had been made to or with or for the said person or persons to whom the same shall be so granted assigned or disposed by the said Commissioners and that after such Grant Assignment or Disposition made of the said Debts that neither the Bankrupt nor any other to whom any such Debt shall be due shall have power to recover the same nor to make any release or discharge thereof neither shall the same be attached as the Debt of the Bankrupt or such said other person or persons to whom the same shall be due by any other person or persons according to the Custome of the City of London or otherwise But that the party or parties to whome the same Debts shall be assigned shall have like remedy to recover the same as fully and lawfully in the name or names of the person or persons to whom the same shall be so granted assigned or ordered by the said Commissioners in all respects and purposes as the party himself might have had any Law Statute Vse Custome to the contrary thereof in any wise notwithstanding Provided always that no debtor of the Bankrupt be hereby endangered for the payment of his other debts truly and bona fide to any such Bankrupt before such time as he shall understand or know that he is become a Bankrupt Provided also and be it further enacted 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 said Bankrupts of the imploying and bestowing of his her or their said lands tenements and hereditaments offices fees goods wares mony chattels and debts which shall be paid and satisfied to their said Creditors as is in like case limited and appointed by the said former Statute made in the said thirteenth year of the said late Queens Majesties reign but also make payment of the overplus of the same if any such shall be to the said Bankrupts their executors administrators and assigns and that the said Bankrupts after the full satisfaction of the said creditors shall have full power and authority to recover and receive the residue and remainder of the debts to them owing Any thing in this Act contained to the contrary in any wise notwithstanding Be it further enacted That if any Action of Trespass or other suit shall happen hereafter to be brought against any Commissioner authorized by the Statute made in decimo tertio of our late Sovereign Lady Queen Elizabeth for Bankrupts or any other person or persons having authority by vertue or under the Commission authorising the said Commissioner for the doing or executing of any matter by force of the said Statute or this present Statute That the defendant or defendants in any such action or suit may plead Not guilty or otherwise justifie that the Act or thing whereof the plaintiff or plaintiffs complained was done by Authority of the said Act made in the thirteenth of Elizabeth or in this present act respectively without expressing or rehearsal of any other matter or circumstance contained in either of the said Acts and without inforcing him or them to shew forth their Commission authorizing the said Act or thing whereunto the Plaintiff shall be admitted to reply that the Defendant did the Fact supposed in the Declaration of his own wrong without any such cause alledged by the said Defendant whereupon the issue in such action shall be joyned to be tried by verdict of twelve men and upon trial of that issue the whole matter to be given on both parties in evidence according to the very truth of the same And if verdict upon such issue shâ—ll pass for the defendant the defendant to have his costs Provided always and be it further enacted That after any Commission of Bankrupts hereafter sued forth and dealt in by the Commissioners if the offendor happen to die beâ—ore the Commissioners shall distribute the Goods Lands and Debts of the offendors or any of them by force of the foresaid Statute of the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth and this Statute or either of them That then nevertheless the said Commissioners shall and may in that case proceed in execution in and upon the said Commission for and concerning the offenders Goods Lands Tenemâ—nts Hereditaments and Debts in such sort as they might have done if the party Offenders were living Stat. 21 Jac. 19. 21 Jac. Chap. 19. A further description of a Bankrupt The Staâ—utes of 13 Eliz. 7. and 1 Jac. 15 enlarged FOr as much as daily experience sheweth that the number and multitude of Bankrupts do increase more and more and also the frauds and deceits invented and practised for the avoiding and deluding the penalties of the good Laws in that behalf already made and the remedy by them provided And for that divers defects are daily found in the former Statutes made against Bankrupts doth in the description of a Bankrupt as also in the power given to the Commissioners for the discovery and distributing the Bankrupts estate to the great incouragement of evil minded persons the hindrance of traffique and commerce the great decay overthrow and undoing of many Clothiers by whom many thousands of the natural born Subjects of this Realm be from time to time in all parts of this Kingdom set on work all which do tend to the general hurt of this Realm For remedy whereof be it enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same That all and singular the aforesaid Statutes and Laws heretofore made against Bankrupts and for relief of Creditors shall be in all things largely and beneficially construed and expounded for the ayd help and relief of the Creditors of such person or persons as already be or hereafter shall become Bankrupt And that all and every person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartering chevisance or otherwise in gross or by retail or seeking his or her living by buying and selling or that shall use the trade or profession of a Scrivener receiving other mens moneys or estates into his trust or
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-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
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
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
every such person or persons whatsoever whom the said Bankrupt by common Recovery or other way or means might cut off or debar from any remainder reversion rent profit title or possibility into or out of any of the said Mannors Lands Tenements or hereditaments 21 Jac. chap. 19. 114. Thirdly as to the Copy holds Copy-hold the sale and dispositon of them shall be good against the Bankrupts to all intents and purposes and against his or their wife or wives heir and heirs in like manner as before for his other estate Sect. 45. for there is no distinct clause for the Copy-holds viz. And also against the Lords of the Mannors whereof the said Customary or Copy-hold Lands been holden their Heirs Successors and Assigns and every of them and there is a Proviso added That the Vendees of such Copy-holds shall compound for their Fines with the Lords before entry vide Sect. 93. before 115. The sale of the Commissioners doth vest the Copy-hold estate so in the Vendee before admittance that the said Bankrupt cannot be said to be Tenant and therefore if he dle before admittance his wise shall not have any Customary estate which by the custom she ought to have when her husband dies Tenant the Vendee is only excluded by the Statute from entry or taking of the profits before composition made with the Lord which is only for the Lords benefit and not the Copy-holders also it was held that after composition for the time and the admittance of the Vendee it shall relate to devest all Customary estates happening since the sale and before the said composition and admittance Crook part 3. 568 569. Parker vers Edith Bleek 116. If two Joynt-tenants be of Copy-hold â—ands in Fee and the one out of Court according to the custom surrender his part to the Lords hands according to the custom to the use of his last will and by his will deviseth a part to a stranger in fee and dieth and at the next Court the surrender is presented by the surrender and presentment the Joynture was severed and the Devisee ought to be admitted to the moiety of the Lands for now by relation the state of the Land was bound by the surrender Cook sur Litt. 596. 117. As to the debts due to the Debts due to the Bankrupt Bankrupt The Commissioners have power to grant assign or otherwise to order and dispose all or any debts due or to be due to or for the benefit of the Bankrupt by any person or persons whatsoever or in what form soever to the use of the Bankrupts Creditors according to 13 Eliz. chap. 7. And that the same grant assignment or disposition of the said debts shall so vest the property right and interest of the said debt and debts in the person or persons to whom the same shall be so granted assigned c. as fully to all intents and purposes as if the Bonds Bills Statutes Judgments or contracts whereupon such debt or debts did arise or grow had been made to or with the person or persons to whom the same shall be so assigned And that after such grant assignment or disposition made of the said debts neither the Bankrupt nor any other to whom any such debt shall be due shall have power to recover the same nor to make any release or discharge thereof neither shall the same be attached as the debt of the Bankrupt or such said other person or persons to whom the same shall be due by any other person or persons according to the custom of the City of London or otherwise But that the party or parties to whom the said debt shall be assigned shall have like remedy to recover the same as fully and lawfully in the name or names of the person or persons to whom the same shall be so granted assigned or ordered by the said Commissioners in all respects and purposes as the party himself might have had 1 Jac. chap. 15. Provided always that no debtor of the Bankrupt be hereby indangered for the payment of his or their Debt truly and bona fide to any such Bankrupt before such time as he shall understand or know that he is become a Bankrupt 1 Jac. chap. 15. 118. To give means of Recovery As to the debts of the Bankrupt assigned by the Commissioners the assignee shall have the like remedy to recover the same as fully and lawfully as the party himself 1 Jac. chap. 15. 119. The Assignees of the said debts may sue for them in their own names because they are debts transferred by Parliament but yet notwithstanding in case the action of debt arise upon a Contract the Defendant may wage his Law for although the Parliament transferred the debt yet it is no debt upon Record Croke part 2. 105. Bradshaws Case A debt due by bond assigned to two Creditors severally they may sue severally for it Godbolts Reports fol. 195. 120. As to Lands c. of the Lands extended Bankrupt extended by any pretended debt or accomptant to the King after such time as the Bankrupt becomes a Bankrupt such person or persons to whom the Commissioners or major part shall bargain sell grant or assign the said Lands c. shall have good remedy to demand and recover the same against such persons as detain the same 21 Jac. chap. 19. 121. As to Lands Tenements c. of the Bankrupts conveyed away upon condition the Commissioners have power to appoint one or more to perform the condition vide devant Sect. 51. Creditor barren 122. Another effect of the Commissioners distribution is to bar the Creditor if any Creditor of the Bankrupts shall not be fully satisfied or otherwise contented by such means as the Statute appointeth they may have their remedy against the Bankrupt as before they had for the remainder and shall be only barred for so much as they are satisfied or contented for and no more 13 El. cap. 7. 123. Lastly to restore the capacity Capacity of Bankrupts of the Bankrupt The Bankrupt to have the overplus of his estate if any be after that the Creditors are satisfied And that the said Bankrupts after the full satisfaction of the said Creditors shall have power and authority to recover receive the residue and remainder of the Debts to them owing 1 Jac. chap. 15. 124. Next observe the accompt of Recompt the Commissioners to the Bankrupt such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the Bankrupt not only make a true declaration to the said Bankrupts of 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 be to the said Bankrupts their executors administrators or assigns 13 Eliz. chap. 7. 125. Remedy for the Commissioners in any action brought against them for acting by
force of the said Statutes they may plead not guilty and justifie by the authority of the said Acts and the Plaintiff to reply de son tort de mesme and if the Verdict pass for the defendant he shall have Costs 1 Jac. cap. 15. THE TABLE ABsenting himself makes a Bankrupt Sect. 2 12 13 14. Accompt made by the Commissioners to the Bankrupt Sect. 124. Allowance made to Witnesses appearing before the Commissioners Sect. 87. Appearance of the Bankrupt before the Commissioners and their power to inforce it Sect. 30 39. of other persons suspected to have any of the Bankrupts goods Sect. 78. Appraisement of the Bankrupts Estate Sect. 88. Arrest a Trader suffering himself willingly to be arrested makes him a Bankrupt Sect. 21. Attachment of a Traders goods makes him a Bankrupt Sect. 16. 17. Authority of Commissioners immediately appointed by Act of Parliament Sect. 29 30 c. of Commissioners mediately appointed by Lord Chancellor Sect. 39 40. B BAil coming out of prison upon common Bail make a Bankrupt Sect. 22. Bankrupt his name Sect. 1. his Description in general Sect. 2. more particularly from Sect. 4. to 26. his incapacity Sect. 28. Proceeding against him by persons immediately authorized by Parliament Sect. 29 31 32. By persons mediately authorized as Commissioners Sect. 36. their authority as to the Bankrupts person Sect. 39. his Estate 43 usque ad 49. his capacity restored Sect. 123. Barr The effect of the Commissioners disposing of the Bankrupts Estate to bar others Sect. 112 113. C CApacity of the Bankrupt taken away Sect. 28. restored Sect. 123. Chattels of the Bankrupt to be disposed by the Commissioners Sect. 59 61 62 63 c. Clothier may be within the Stat. of Bankrupts Sect. 11. Commission of Bankrupts granted by the Lord Keeper Sect. 36. within what time and duration of it Sect. 36. Commissioners of Bankrupts how made Sect. 36. their authority 39. c. their accompt to the Bankrupt Sect. 124. Composition endeavouring to inforce a Composition by a Trader makes him a Bankrupt Sect. 24. Condition Commissioners may fulfil it Sect. 51. Copy-holds valuable by the Commissioners Sect. 45. Distribution of them 114 115 116. Creditors orders taken by the Commissioners as to their satisfaction Sect. 88 89 c. the effect of the distribution Sect. 112 113. D DEbts due to the Bankrupt saleable Sect. 68 69. the remedy the persons to whom they are saleable have to recover them Sect. 117 118 119. Discovery of the Bankrupts Estate Sect. 32. breaking open Doors c. 72. examination of Persons Sect. 73. Punishment Sect. 74. Examination of Bankrupts wife Sect. 77. other persons Sect. 78. Punishment of them Sect. 79 80 82 83 84 85. Disposition of the Bankrupts Estate by the Commissioners Sect. 88 89. of what 90. in what manner 91. as to Lands in tail 92. Copy-hold Sect. 93 94. Lands made over upon Condition Sect. 96. Debts 98. to what Creditors 99. c. not within four months Sect. 107. manner of Distribution Sect. 109. effect thereof Sect. 112. E EScape out of Prison makes a Bankrupt Sect. 22. Effect of the Commissioners distribution as to Lands Sect. 112 113. Copy-hold 114 115 116. as to Bankrupts Debts 117 118 119. to bar the Creditor Sect. 122. to restore the Bankrupts capacity Sect. 123. Estate of the Bankrupt subject to sale as such as was by him joyntly purchased Sect. 46. not what was conveyed by him away before he became Bankrupt Sect. 57. Also the Bankrupts Chattels are saleable by the Commissioners Sect. 59 61 62 63. Goods extended 65. Goods of which the Bankrupt disposed as his own Sect. 66. Examination of the Bankrupt himself touching his Estate Sect. 73. Of his Wife Sect. 77. Of persons suspected to have the Bankrupts Estate Sect. 78. Exposition of Statutes made against Bankrupts They are to be largely and beneficially expounded for the relief of Creditors Sect. 27. F FEme Covert sole Merchant within the Statute of Bankrupts Sect. 8. power of the Commissioners to examine the Bankrupts Feme 77. Forfeiture for refusing to be examined by the Commissioners or delivering the truth to them Sect. 32. 81. Fraud fraudulent Gifts make the Giver a Bankrupt Sect. 25. the Bankrupts fraud punished Sect. 76. fraudulent Recoveries against him Sect. 34. G GRasier within the Statute of Bankrupts Sect. 10. H HIding himself makes a Bankrupt Sect. 12. 14. I IMprisonment Power of Commissioners to imprison the Bankrupt Sect. 39. other persons Sect. 73. Joynt-tenants whether sale made by Commissioners prevents survivor-ship Sect. 44. Lands saleable which were joyntly purchased by the Bankrupt Sect. 46. Inn-keeper not within the Statute of Bankrupts Sect. 5. Intail'd Lands of the Bankrupt subject to the Statutes Sect. 53. K KEeping in his house makes a Bankrupt Sect. 12. 14. L LImitation of Acâ—ions whether that Statute extends to Bankrupts debts Sect. 70. M MErchant what Merchant is within the Statute of Bankrupts Sect. 4 5 6 7 c. Mortgagee may chuse whether he will come in as a Creditor Sect. 103. O OFfices saleable by Commissioners Sect. 60. P PErjury of the Bankrupt himself how punishable Sect. 75. of other persons Sect. 82. procurement of Perjury 82. Petition to inforce Creditors to compound makes the Petitioner a Bankrupt Sect. 24. Prison yielding himself to Prison and lying there 6 months makes a Bankrupt Sect. 19 20 21. vide Arrest Proclamation made for the Bankrupt Sect. 39 Property how the sale and distribution made by the Commissioners vesteth the property Sect. 112 113 114 c. Protection obtained makes a Bankrupt Sect. 23. Punishment of a Bankrupt he shall be out of the Kings protection Sect. 31. 39. Pillory 75 76. of the Bankrupts Wife Sect. 77. other persons Sect. 79 c. Q QVality of any person exempts not him out of the Commission of Bankrupts if he be a Trader Sect. 7. R REcovery means of Recovery of the Debts of the Bankrupt assigned over Sect. 118. Relation in what case the party shall be judged a Bankrupt from the time of his Arrest Sect. 22. S SAle the Commissioners authority to sell the Bankrupts Estate Sect. 35. of what Estate Sect 43 44 45 c. to whom 89. in what manner Sect. 91. c. the effect of their sale Sect. 112. Sanctuary keeping of Sanctuary makes a Bankrupt Sect. 15. Satisfaction vide disposition Shoomaker may be within the Statute of Bankrupt Sect. 5. Scrivener may be a Bankrupt Sect. 11. T TAil Lands intailed saleable Sect. 53. 92. Taylor not within the Statutes of Bankrupt Sect. 6. Trust Lands made over in Trust for the Bankrupt saleable by the Commissioners Sect. 48. U UTlagary a Traders suffering himself to be outlawed makes him a Bankrupt Sect. 18. W WArning left for a Bankrupt to appear before the Commissioners being not observed he may be proclaimed a Bankrupt Sect. 40. Witnesses their allowance Sect. 87. The End THE RESOLUTIONS OF THE Judges Upon 13 Eliz. and 27 Eliz. the Statutes touching Fraudulent
Feoffment in Fee of all his Lands to defraud the Plaintiff of his action but this fraud was not pleaded Resolved by the Court it need not be pleaded specially but only given in evidence First because 13 Eliz. provides generally that the estate as to the Creditors shall be void and Acts of Parliament made to suppress fraud shall be favourably interpreted Secondly fraud and covin are so privily hatched that the party grieved hath no means to find them out and then to force the Plaintiff who is a stranger to plead it would be against reason Cook lib. 5. 60. Gooches Case 18. The Court shall not intend Fraud not intendible by the Court. fraud where it is not found by the Jury A. seized of Lands in Fee holden of I. L. of his Mannor of H. by Fealty Rent and rendring the best beast after the death of every Tenant in Fee-simple A. by Deed in consideration of love to his Son and heir apparent and a marriage between his Son and B. and for the Sons advancement infeoffs his said Son of the said Land the Son afterward to the end B. should not be endowed during his fathers life re-demiseth the Land to his father for 40 years if he lived so long The marriage took effect the Son did his suit and after the Feoffment the father paid the Lords Rent the father dies the Lord taketh his best Beast for an Herriot and in Trespass brought the Jury found all the special matter also the Statute of 13 Eliz. But it was resolved That in regard no fraud was found by the Jury the Court should not intend the said Feoffment to be fraudulently made and the same being found to be made in consideration of marriage shall not by construction of Law be taken to extend to any other intent nor to be fraudulent Cook lib. 10. 56. â—19 There are two manner of gifts Consideration upon good consideration First upon consideration of Nature and Blood Secondly a valuable consideration and the Statute of 13 Eliz. cap. 5. and the Proviso therein extends only to a valuable consideration for a gift made to defeat others must be made upon as hihg and good consideration as the things to be defeated are also every gift made upon trust is out of the said Proviso because it is not bona fide and a trust is either expressed or implied expressed when it is set down in or upon the gift implied when the gift is made without any consideration or upon consideration of Nature and blood Cook lib. 3. 81. b. Twines Case 27 Eliz. Chap. 4 Concerning Fraudulent Conveyances 1. BY the Statute of 27 Eliz. cap. 4. Stat. of 27 Eliz. Deceit of purchasers It is ordained and enacted That all and every Conveyance Grant charge lease estate incumbrance and limitation of use or uses of in or out of any lands tenements or other hereditaments whatsoever had or made at any time heretofore since the beginning of the Queens Reign or hereafter to be made for intent or purpose to defraud deceive such person and persons Bodies Politick or Corporate as have purchased or shall hereafter purchase in Fee-simple fee-Fee-tail for life lives or years the same Lands Tenements or Hereditaments or any part thereof so formerly conveyed leased c. or to defraud and deceive such as have or shall purchase any Rent Profit or Commodity in or out of the same or any part thereof shall be deemed and taken only as against that person and persons bodies Politick and Corporate his and their heirs successors executors administrators and assigns and against all and every other person and persons lawfully having or claiming by from or under them or any of them which have purchased or hereafter shall so purchase for money or other good consideration the same Lands Tenements or hereditaments or any part thereof or any rent profit or commodity in or out of the same to be utterly void frustrate and of none effect 2. And be it further Enacted That all and every the parties to such feigned covenous and fraudulent gifts grants leases c. before expressed or being privy to or knowing of the same or any of them which after the 20th of April next coming shall wittingly or willingly put in ure justifie or defend the same or any of them as true simple and done or made bona fide or upon good consideration to the disturbance or hinderance of the said Purchasers c. shall incur the penalty and forfeiture of one Penalty years value of the said Lands Tenements and hereditaments so purchased or charged the one moiety to the Queen the the party grieved to be recovered in any of the Queens Courts of Record by debt bill plaint or information where no essoyn protection or wager of Law shall be admitted to the defendant or defendants and to suffer imprisonment for one half year without Bail or Mainprise 27 Eliz. chap. 4. 3. Provided that this Act shall not extend to any grant c. made upon good consideration and bona fide nor to any mortgage made bona fide without fraud and upon good consideration 27 Eliz. chap. 4. 4. And it is further enacted that Conveyance with clause of Revocation if any person or persons have since the Queens Reign that now is or shall hereafter make any conveyance gift grant demise charge or limitation of use or uses of in or out of any lands tenements or hereditaments with any clause or condition of Revocation determination or alteration at his or their will and pleasure of such conveyance c. of in or out of the said lands tenements or hereditaments or any part or parcel thereof and after such conveyance gift c. so had or made shall bargain sell demise grant convey or charge the same Lands Tenements or Hereditaments or any part thereof to any person or persons bodies politick or corporate for money or other good consideration payed or given the said first conveyance c. not being by him revoked made void or altered according to the power reserved That then the said former conveyance assurance c. as touching the said Lands Tenements and Hereditaments so after bargained c. against the said Bargainees Lessees and Grantees and every of them their heirs successors executors administrators and assigns shall be void c. 27 El. cap. 4. 5. J. C. had a Lease for 60 years Lease forged if he lived so long and he forged a Lease for ninety years absolutely and by Indenture reciting the forged Lease he bargained and sold the same and all his interest in the Land to R. G. R. G. is no purchaser for valuable consideration within the said Statute of 27 Eliz. because he contracted not for the true and lawful interest and although by the words his true interest passed yet he gave no valuable consideration for it Cook upon Littl. fol. 3. b. 6. One who intended to sell his The Act binds the King Lands had by fraud conveyed the same by