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 Lands Tenements
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 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
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
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
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
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.
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
the intent or whereby his her or their Creditors being Subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true debts or being arrested for debt shall after his or her arrest lie in prison six months or more upon that arrest or upon any other arrest or detention in prison for debt and lie in prison six months upon such other arrest or detention shall be accompted and adjudged a Bankrupt to all intents and purposes 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 Act of Parliament made in 13 nuper Eliz. Reginae against any Bankrupts therein described for or concerning his her or their lands tenements hereditaments fees annuities offices goods chattels wares merchandizes and debts or any of them shall be had pursued taken and expounded against such person and persons that are herein expressed to be Bankrupts his her and their lands tenements hereditaments fees annuities offices goods chattels wares merchandises and debts in such like manner and form as the same ought or might have been if the persons herein described to be Bankrupts had been described to be Bankrupts according to the intent of the said former Statute And that it shall be lawful for any of the creditors of the said Bankrupt within iiii 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 thatâ— shall sue forth any such commission for satisfaction and payment of his her or their debts to him or them owing without any hindrance let or disturbance of any of the same Commissioners or of any of the other creditors of any such Bankrupts the same Creditors so coming in to contribute to the charges of the said Commission and that if the said Creditors come not in within iiii months then the Commissioners to have power to distribute Be it further enacted that if any person which hereafter is or shall be a Bankrupt by intent of this Statute shall convey or procure or cause to be conveyed to any of his children or other person or persons any mannors lands tenements hereditaments offices fees annuities leases goods chattels or transfer his debts into other mens names except the same shall be purchased conveyed or transferred 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 shall be in the power and authority of the Commissioners in this behalf to be appointed or the more part of them to bargain sell grant convey demise or otherwise to dispose thereof in as ample manner as if the said Bankrupt had been actually seised or possessed thereof or the debts were in his own name of the like estate or interest to his or their own use at such time as he or shee became Bankrupt And that every such grant bargain sale conveyance and disposition of the said Commissioners or of the greater part of them shall be good and available to all intents constructions and purposes in the Law against the offender or offenders his heirs executors administrators and assigns and such children and persons as shall be subject to this Statute and against all other person and persons claiming by from or under such offender or offenders or such said other persons to whom such conveyance shall be made by the said Bankrupt or by his means or procurement And for that the practises of Bankrupts of late are so secret and so subtile as that they can very hardly be found out or brought to light and for that the former statute giving power to the Commissioners to examine others than the Bankrupts hath not fully or sufficiently authorized them to examine the said Bankrupt upon oath For remedie whereof Be it further enacted by the authority of this present Parliament That the said Commissioners may call before them or the greater part of them the said Bankrupt and if upon lawful warning left or made 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 thenceforth 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 or places where the said Commissioners or the greater part of them shall think meet warning him her or them to appear before them upon the said Commission at some time appointed And that if upon the five several Proclamations made in some publick place the party offending appear not before the said Commisiioners and yield his her or their bodies to them or some of them the said Commissioners or the greater part of them shall or may award a Warrant to such fit person or persons as they think meet to apprehend the body and bodies of the said offenders and offenders and to bring him her or them so offending before the said Commissioners wheresoever the said party or parties offending may be found in place priviledged or not to be examined by the said Commissioners or the greater part of them And that it shall be lawful for the said Commissioners or the greater part of them to examine the said offender or offenders upon such Interrogatories touching the Lands tenements goods chattels debts bills bonds books of account and such other things as may tend to disclose his her or their estate or the secret grants conveyances and eloyuing of his or their lands tenements goods money and debts as they shall think meet And that if therein the offender or offenders shall refuse to be examined or to answer fully to every Interrogatory to him to be ministred by the said Commissioners or the greater part of them it shall be lawful for the said Commissioners or the greater part of them to commit the said offender or offenders to some strait or close imprisonment there to remain untill he she or they shall better conform him or her self And that if upon his her or their examination it shall appear that he she or they have committed any wilful or corrupt perjury tending to the hurt or damage of the creditors of the said Bankrupt to the value of ten pounds of lawful money of England or above the party so offending shall or may thereof be indicted in any of the Kings Majesties Courts of Record and being lawfully convicted thereof shall stand upon the Pillory in some publick place by the space of two hours and have one of his ears nailed to the pillory and cut off And
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