Authority aforesaid that if any such person or persons which is or shall be indebted do of purpose withdraw him or themselves out or from his or their usual mansion house or houses that then upon complaint thereof made to the said Commissioners having authority as is aforesaid the same Commissioners or the more part of them shall by vertue and authority of this present Act have full power and authority to award five Proclamations to be made in the Queens name upon five sundry Market dayes in such places near the place where such Bankrupt hath most commonly dwelled or made his abode commanding him or them by the same Proclamations in the Queens name to return with all convenient speed and to yeeld his or their bodies before the said Commissioners having authority as is aforesaid or one of them at such time and place as by the said Proclamation shall be appointed and if the said person be not according to such Proclamation repair and yield his or their body as is aforesaid that then the body of all and every such offender or offenders shall be adjudged taken and deemed to all intents and purposes out of the Queens protection and that also every person and persons that shall willingly and wittingly help to hide or convey or shall wittingly and willingly receive detain or keep secretly any person or persons so demanded by Proclamation as is aforesaid shall suffer such pains by imprisonment of his or their bodies or to pay such fine to our Sovereign Lady the Queens Majesty her Heirs and Successors as to the said Lord Chancellor or Lord Keeper of the great Seal being informed thereof by the Commissioners so to be appointed as is aforesaid or the more part of them shall seem meet and convenient for their said offence or offences Provided always and be it further enacted that if the Creditors of any such offender or offenders debtor or debtors which so do depart the Realm keep his or their house or houses or otherwise absent or withdraw him or themselves into places unknown or take Sanctuary or will suffer him-or themselves to be arrested or outlawed or yield his or their bodies into prison purposely and for the causes aforesaid be not fully satisfied or otherwise contented for their debts and duties by the way and means before specified and declared that then the said Creditor or Creditors and every of them shall and may have their remedy for the recovery and levying of the residue of their said debts or duties whereof they shall not be fully satisfied payd or otherwise contented in form aforesaid against the said offender or offenders in like manner and form as they should and might have had before the making of this Act. And that the said creditor or creditors and every of them shall be only barred and excluded by vertue of this Act of and for every such part and portion of the said debts and duties as shall be paid satisfied distributed or delivered unto him or them by order of the said persons as is aforesaid and of no more portion or parcel thereof Any thing herein specified that may be taken or construed to the contrary notwithstanding Provided always and be it also enacted by authority aforesaid that if any person or persons which is or shall be published and declared to be a Bankrupt by vertue of this Act shall at any time after purchase any lands tenements hereditaments free or copy offices fees goods or chattels or that any lands tenements hereditaments free or copy offices fees goods or chattels shall descend revert or by any means come to any such person or persons being Bankrupts as is aforesaid before such time as their debts due to their creditors shall be fully satisfied and payed or otherwise agreed for that then the said lands tenements hereditaments as well free as copy offices fees goods and chattels shall by vertue of this Act be by the said Commissioners to be appointed as is aforesaid or the more part of them be bargained sold extended delivered and used for and towards the payment of the said creditors in such like manner and form as other the lands tenements hereditaments free or copy offices fees goods and chattels of the said Bankrupts which they had when they were first declared to be Bankrupts should or might have been bargained sold disposed or used by vertue of this Act. Provided alwayes that this Act shall not extend to any lands tenements or hereditaments free or copy-hold which heretofore have been assured by any such Bankrupt or hereafter shall be assured by any Bankrupt before he become Bankrupt so always that such assurance be made bona fide and not to the use of the Bankrupt himself only or of his heirs and that the parties to whose use such assurance hath or shall be made be not at or before the making of such assurance privy or consenting to the fraudulent purpose of any such Bankrupt to deceive his Creditors 1 Jac. 15. 21. Jac. 15. 1 Jacob. Chap. 15. An Exposition and addition to the Statutes of Bankrupts made 13 Eliz. 7. FOr that fraud and deceits as new diseases dayly increase amongst such as live by buying and selling to the hindrance of traffick and mutual commerce and to the general hurt of the Realm by such as wickedly and wilfully become Bankrupts And for that the description of a Bankrupt in former Statutes is not so fully expressed nor the power given thereby to the Commissioners for Bankrupts so large as is meet in such cases of deceit to prevent the deceitful actions of Bankrupts For remedy whereof Be it therefore enacted by our Sovereign Lord the King and by the Lords Spiritual and Temporal and the Commons at this present Parliament assembled and by the authority of the same That all and every such person and persons using or that shall use the trade of Merchandize by way of bargaining exchange bartrie chevisance or otherwise in gross or by retail or seeking his her or their trade of living by buying and selling and being a Subject born of this Realm or any the Kings Dominions or Denizen who at any time sithence the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take Sanctuary or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares sold or any other just or lawful cause or good consideration or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements goods or chattels to
Lands Tenements or Hereditaments And be it further enacted That 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 mony 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 mony 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 power to sell and dispose of such Lands Tenements Hereditaments Goods and Chattels and other estates so granted conveyed or assured upon condition to and for the benefit of the Creditors as fully as they may sell or dispose of any the estate of the Bankrupt Provided further that no Purchaser for good and valuable consideration shall be impeached by vertue of this Act or any other Act heretofore made against Bankrupts unless the Commission to prove him or her a Bankrupt be sued forth against such Bankrupt within five years after he or she shall become a Bankrupt Provided further and be it enacted by the Authority aforesaid that this Act and all other Acts of Parliament heretofore made against Bankrupts shall extend to Strangers born as well Aliens as Denizens as effectually as to the natural born Subjects both to make them subject to the Laws as Bankrupts as also to make them capable of the benefit or contribution as Creditors by those Laws Stat. 34 H. 8. 4. 13 El. 7. 1 Jac. 15. Stat. 14 Car. 2. Chap. 24. Whereas divers Noblemen and Gentlemen not bred up in Trade have notwithstanding put great Stocks into the East-India and Guiny Company it is declared that no persons Adventurers for putting in Mony or Merchandise into the said Companies or for adventuring or managing the Fishing called the Royal Fishing Trade shall be takâ—n or reputed a Merchant or Trader within any Statutes for bankrupts or be liable to the same Provided that persons trading and trafficking in any other way or manner than the said Companies or Fishing shall be liable to the Commission of Bankrupts A Verdict and Iudgment against Sir Jo Wollaston as a Bankrupt for trading in the East-India Company reversed and made void Provided not to avoid any sale or disposition of his lands or goods made by vertue of the Commission of Bankrupts To the Right Honourable c. IN most humble manner complaining sheweth unto your Lordship your daily Orators T. B. of A in the County of D. Gent. and W. P of C. in the County of E. Esq as well for themselves as for all others the Creditors of R. D. of the Parish of M. in the City of London Merchant That whereas the said R. D. using and exercising the Trade of Merchandize by way of Bargaining Exchange Bartering and Chevisance seeking his Trade of living by buying and selling upon good and just causes for Wares and Merchandizes to him sold and delivered and also for ready mony to him lent being indebted to your Orators and others his Creditors in divers and several sums of money amounting in the whole to the sum of c. and upwards of late that is to say about the Month of November last did become Bankrupt within the several Statutes lately made against Bankrupts to the intent to defraud and hinder your said Orator and all other his Creditors of their just Debts and Duties to them due and owing viz. within the Statute made in the Parliament begun and holden at Westminster the second day of April in the thirteenth year of the Reign of our late Sovereign Lady Queen Elizabeth concerning Bankrupts and within the Statute made in the Parliament begun and holden at Westminster aforesaid the nineteenth day of March in the first year of the Reign of our late Sovereign Lord King James of England France and Ireland and of Scotland the seven and thirtieth Intituled An Act for the better relief of the Creditors against such as shall become Bankrupts as also within the Statute made in the Parliament begun and holden at Westminster the nineteenth day of February in the one and twentieth year of the Reign of our said late Sovereign Lord King James of England France and Ireland and of Scotland the seven and fiftieth Intituled An Act for the further description of a Bankrupt and relief of the Creditors against such as shall become Bankrupts or within some or one of them In tender consideration whereof may it please your Lordship to grant unto your Orators his Majesties most gracious Commission to be directed to such and so many wise honest and discreet persons as your Lordship shall seem meet authorizing them thereby not only concerning the said Bankrupt his Body Lands Tenements Free-hold and Customary Goods Debts and other things whatsoever but also concerning all other persons which by concealment claim or otherwise do or shall offend touching the premises or any part thereof contrary to the true intent and meaning of the same Statutes To do and execute all and every thing and things whatsoever as well for and towards satisfaction and payment of the said Creditors as towards and for all other intents and purposes according to the Ordinance and Provision of the same Statutes And your Orators shall pray c. In Bankrupt Note What he is discovered 1. By general description Sect. 1 2. 2. By his Trade 4 5 6 usque ad Sect. 11. By his demeanour 12 13 14 usque ad Sect. 25. By the final cause of all Sect. 26. The proceeding against and puniâ—hment of him 1. In general he shall be accompted a Bankrupt and made thereby incapable to dispose of his own Sect. 28. 2. In particular by persons 1. Immediately appointed by the Act and therein note 1. What they are Sect. 29. 2. Their authority set forth 1. Generally Sect. 29. 2. Particularly 1. Touching his person Sect. 30. 2. As to his Estate and therein note 1. The way of discovering it 32 33 34. 2. The disposal of it Sect. 35. 2. Mediately authorised by Lord Chancellor 1 Their Commission Sect. 36. 2. Their authority 1. As to the Bankrupts person Sect. 39 40 41. 2. As to his Estate 2. What it is real 43 45 usque ad 57. personal 61 62 usque ad 71. 2. The means of discovery as to the persons the Bankrupt himself Sect. 73 74 75 76. the Bankrupts Wife Sect. 77. other persons what persons Sect. 78. proceeding with them to send for them Sect. 78. to examine them Sect. 78. to punish them 79 80 usque ad
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