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superseded, and a new cominission may issue upon such last-mentioned No. I. or any other act of bankruptcy; and every person so receiving such 5 Geo. IV. money, gift, delivery, satisfaction or security, as aforesaid, shall forfeit
C. 98. his whole debt, and also repay or deliver such
money, gift, satisfaction, or security, as aforesaid, or the full value thereof, to such person or persons as the Conimissioners acting under such original conimission, Creditor so
Penalty on or any new commission, shall appoint for the benefit of the creditor
compounding of such bankrupt.
IX. And be it enacted, That if any such trader, having privilege of Traders have Parliament, shall commit any of the aforesaid acts of bankruptcy, a
of Parliament, commission of bankrupt may issue against him; and the Commissioners
committing and all other persons acting under such commission, may proceed there- Acts of Bankon in like manner as against other bankrupts; but such person shall not ruptcy, may be subject to be arrested or imprisoned during the time of such privi- be proceeded lege, except in cases hereby made felony.
against as other Traders. X. And be it enacted, That if any creditor or creditors of any such Trader having trader having privilege of Parliament, to such amount as is herein- Privilege of after declared requisite to support a commission, shall file an affidavit or Parliament, affidavits in any Court of Record at Westminster that such debt or debts not paying or is or are justly due to him or them respectively, and that such-debtor, as
to the Satishe or they verily believe, is such trader as aforesaid, and shall sue out faction of the of the same court a summons, or an original bill and summons against Creditor, and such trader, and serve him with a copy of such summons, if such trader also entering shall not, within one calendar month after personal service of such an Appearance summons, pay secure or compound, for such debt or debts to the satis- to the Action faction of such creditor or creditors, or enter into a bond in such sum, within Oue and with two sufficient sureties, as any of the judges of the court Month, an Act out of which such summons shall issue shall approve of, to pay such of Bankruptcy. sum as shall be recovered in such action or actions, together with such costs as shall be given in the same, and within one calendar month next after personal service of such summons, cause an appearance or appearances to be entered to such action or actions in the proper court or courts in which the same shall have been brought, every such trader shall be deemed to have committed an act of bankruptcy from the time of the service of such summons; and any such creditor or creditors of such trader may sue out a commission against him, and proceed thereon in like manner as against other bankrupts.
XI. And be it enacted, That if any decree or order shall have been Trader having pronounced in any cause depending in any Court of Equity, or any Privilege of order made in any matter of bankruptcy or lunacy against any such Parliament, trader having privilege of Parliament, ordering such trader to pay any disobeying sum of money, and such trader shall disobey, the same having been duly Order of any
Court of served upon him, the person or persons entitled to receive such sum under such decree or order, or interested in enforcing the payment Equity, or in thereot, pursuant to such decree or order, may apply to the court by Lunacy, for which the same shall have been pronounced, to fix a peremptory day Payment of for the payment of such money, which shall accordingly be fixed by Money after an order for that purpose, and if such trader, being personally served Service and with such last-mentioned order eight days before the day therein ap- peremptory pointed for payment of such money, shall neglect to pay the same, he Day fixed, an shall be deemed to have committed an act of bankruptcy from the time Act of Bankof the service thereof; and any such creditor or creditors as aforesaid ruptcy. may sue out a commission against him, and proceed thereon in like manner as against other bankrupts.
XII. And be it enacted, Thai the Lord Chancellor may, upon petition Power to the made to him in writing, against any such trader having committed Lord Chancel. any act of bankruptcy, by any creditor or creditors of such trader, by lor tu issue a commission under the great seal, appoint such persons as to him shail Commission. seem fit, who shall by virtue thereot have the powers and authorities herein-after mentioned ; and such petitioning creditor or creditors shall
, Petitioning before any commission be granted make an affidavit in writing before a Creditor shall
make Oath of his Debt: and give Bond to the Chancellor.
No. I. Master Ordinary or Estraordinary in Chancery (which shall be filed with 5 Geo. IV. the proper officer) of the truth of such his or their respective debt of e. 98.
debts, and shall likewise give bond to the Lord Chancellor, in the pe. nalty of two hundred pounds, to be conditioned for proving his or their debt or debts, as well before the Commissioners as upon any trial at law, in case the due issuing forth of the commission be contested, and also for proving the party to have committed an act of bankruptcy at the time of taking out such commission, and to proceed on such commission ; but if such debt or debts shall not be really due, or if after such commission taken out, it be not proved that the party had committed an act of bankruptcy at the time of the issuing of the commission, and it shall appear that such commission was taken out fraudulently or maliciously, the Lord Chancellor may, upon peritia of the party or parties grieved, order satisfaction to be made to him or them for the damages by him or them sustained, and for the better recovery thereot, may assign such bond or bonds to the party or parties so
petitioning, who may sue for the same in his and their name or names. Petitioning XIII. And be it enacted, That the petitioning creditor or creditors Creditor to
shall at his or their own costs, sue forth and prosecute the commission prosecute
until the choice of assignees, and the Commissioners shall, at the meei. Commission at his own Costs ing for such choice, ascertain such costs, and by writing under their until Choice of
hands direct the assignees (who are hereby thereto required) to reimburse Assignees ;
such petitioning creditor or creditors such costs out of the first money and to be re- that shall be got in under the commission; and all bills of fees or dis. imbursed after bursements of any solicitor or attorney employed under any commission such Choice. shall be settled by the Commissioners, provided such bills do not conBills of Costs tain any charge respecting any action at law or suit in equity, in which to be taxed by case the same shalı be setiled by the proper officer of the court in which Commission
the business contained in such bill, or the greatest part in amount of ers, unless
value thereof shall have been transacted; and the same so settled shall they contain Law Proceed
be paid by the assignees to such solicitor or attorney, provided that an ings.
creditor who shall have proved to the amount of twenty puunds or upwards, if he be dissatisfied with such settlement by the Commission. ers, may have the same settled by a Master in Chancery, who shall re. ceive for such settlement, and the certificate thereof, twenty shillings
, Amount of Pe- XIV. And be it enacted, That no such commission shall be issued titioning Cre- unless the single debt of such creditor, or of two or more persons being ditor's Debt.
partners petitioning for the same, shall amount to one hundred pounds A Debt not or upwards; or unless the debt of two creditors so petitioning shall payable at the amount to one hundred and titty pounds or upwards; or unless the debt Time to be
of ihree or more creditors so petitioning shall amount to two hundred a sufficient Foundation for pounds or upwards; and that every person who has given credit to any a Commission,
trader upon valuable consideration for any sum which shall not have although no
become payable at the time such trader committed an act of bankruptcy, Security given, may so petition or join in petitioning as aforesaid, whether he shall have
any security for such sum or not. Joint Commis
XV. And be it enacted, That any creditor or creditors whose debt or sions may be
debts is or are sufficient lo entitle him or them tu petition for a commisissued against sion against all the partners of any firin, may petition for a commission Firm,
against one or more partners of such firm; and every commission issued upon such petition shall be valid, although it does not include all the partners of the firm; and in every commission against two or more persons, the Lord Chancellor may supersede such commission as to one or more of such persons: and the validity of such commission shall not be thereby affected, as to any person as to whom such commission is not ordered to be superseded, nor shall any such person's certificate be
thereby affected. In Cases of a Second or
XVI. And be it enacted, That if after a commission issued against two other Commis.
or more members of a firm, any other commission or commissions shall sion being
be issued against any other member or members of such firm, such other issued, Lord
commission or commissions shall be directed to the Commissioners to Chancellor may direct that such Commissions be proceeded in separately or in conjunction.
whom the first commission was directed; and iminediately after the ad- No. I.
XVII. Anıl be it enacted, That if after adjudication the debt or debts Proceeding in of the petitioning creditor or creditors, or any of them, be found insuf- case Petitionficient to support a commission, the Lord Chancellor niay, upon the ap. ing Creditor's
Debt be insufplication of any other creditor or creditors, having proved any debt or
ficient to supdebts sufficient to support a commission, order the said commission to be proceeded in, and it shall by such order be deemed valid.
sion. XVIII. And be it enacied, That no commission shall be deemed in- Commission valid by reason of any act or acts of bankruptcy prior to the debt or not invalid by debts of the petitioning creditor or creditors, or any of them; provided reason of Act
there be a sufficient act of bankruptcy subsequent to such debt or of Bankruptcy 's debts.
prior to Petitioning Creditor's Debt. XIX. And be it enacted, That the Lord Chancellor may direct an Auxiliary. auxiliary commission to issue for proof of debts under twenty pounds, Coinmissions. and for ihe exainination of witnesses, or for either of such purposes; and every such coinmission heretofore issued is hereby declared valid; and
the Commissioners in every such commission issued for the examination It of witnesses, shall possess the same powers to compel the attendance of, all and to examine witnesses, and to enforce obedience to such examination,
as are possessed by the Commissioners in any original commission.
XX, And be it enacted, That no Commissioner shall be capable of Commission. Un acting in the execution of any of the powers and authorities given by this er's Oath.
Act (except the power hereby given of adıninistering the oath next herein-after mentioned), until he shall have taken an oath in the pre
sence of one or more of the said Commissioners, to the effect following bes (that is to say);
cording to the best of my skill and knowledge, execute the several powers
and trusts reposed in me as a Commissioner, in a commission of the bankruptcy against
and that without favour or affection, LE 'prejudice or malice.
So help me GOD.'
administer one to another, in the same commission named; and they tered, and a
thereof to be XXI. And be it enacted, That the said Commissioners shall receive entered on the dette and be paid the fee of twenty shillings each Commissioner for every
Proceedings, UEC meeting, and the like sum for their certificate of the choice of assignees, Commissione and for the signature of the bankrupt's certificate ; and where any com
er's Fees. mission shall be executed in the country, every Commissioner, being a barrister at law, shall receive a further fee of twenty shillings for each meeting; and in case bisitsual place of residence is distant seven miles or upwards from the place where such meetings are holden, and he shall travel such distance to any such meeting, he may receive a further sum of twenty shillings for every such meeling; and every Coininissioner who shall receive from the creditors, or out of the estate of the bankrupt, any further suin than as aforesaid, or who shall eat or drink at the charge of the creditors, or out of the estate of the bankrupt, or order any such expense to be made, shall be disabled for ever from acting in such or any other commission.
XXII. And be it further enacted, That at every meeting under any Barristers to commission to be executed in the country, wherein any one or more of be acting Commissioners in Meetings under any Commission in the Country; and entitled to Fees.
No. 1. the Commissioners named may be a barrister or barristers, such barrister 5 Geo. IV. or barristers, or as many of them as shall be willing to attend, not ex
ceeding three at each meeting, shall be the acting Commissioner or Comc. 98.
missioners, and shall be entitled to his or their summonses and fees
accordingly, in priority to any of the other Commissioners in the said No Postpone
commission named. ment of Meet
XXIII. And be it further enacted, That no postponement or continu. ings to an
ance of any public or private meeting to another hour of the same day, other Hour of where the parties are ready to proceed, shall entitle the Commissioners the same Day to any further fees, unless such'meeting shall have been sitting for the to entitle to space of two hours at the least. Pees, urless they sit for Two Hours. Commission. XXIV. And be it enacted, That the Commissioners, after they have ers before
taken such oath as aforesaid, may, by writing under their hands, summon Adjudication before them any person whom they shall believe capable of giving any may summon information concerning the trading of, or any act or acts of bankruptcy Persons to give Evidence
committed by the person or persons against whom such commission is of Trading
issued, and may also require any person so summoned to produce any and Act of
books, papers, deeds, and writings, and other ducuments, in the custody Bankruptcy.
possession or power of such person, which inay appear to the said Commissioners to be necessary to establish such trading, or act or acts of bankruptcy; and every such person so snmmoned shall'incur such danger or penalty for not coming before the Commissioners, or for refusing to be sworn and examined, or for not disclosing the truth, or for refusing to sign or subscribe his examination, or for refusing to produce or for not producing any such book, paper, deed, writing, or document, as is
hereby provided as to persons summoned 'aster the adjudication of bank. Adjudication. ruptcy; and the Commissioners, upon proof made before them of the
petitioning creditor's debt or debts, and of the trading, and act or acts of bankruptcy of the person or persons against whom such commission is
issued, shall thereupon adjudge such person or persons bankrupt. Commission
XXV. And be it enacted, That the Commissioners, after they have so ers to appointe adjudged as aforesaid, shall forthwith cause notice of such adjudication to give Notice to be given in the London Gazette, and shall appoint three public in ihe London meetings for the bankrupt to surrender and conform; the last of which Gazette. meetings shall be on the forty-second day hereby limited for such sur
XXVI. And be it enacted, That no commission shall abate by reason not to abate by Death of of a demise of the crown; and (if, by reason of the death of Commis. the King
sioners, or for any other cause, it become necessary) any commission May be re
may be renewed, but only half the fees usually paid upon obtaining newed, for commissions shall be paid for the same ; and if any bankrupt shall die Death of Com. after adjudication, the Commissioners may proceed in the commission as missioners ; they might have done if he were liviny. to proceed if Bankrupt die. Messenger XXVII. And be it enacted, That any person appointed by the Com
missioners, by their warrant under their hands and seals, may break open Baukrupt's
any house, chamber, shop, warehouse, door, trunk, or chest of any bank.
rupt, where such bankrupt or any of his property shall be reputed to be, Doors, &c. and seize upon
and seize upon the body or property of such bankrupt; and if the bankhis Body or
rupt be in prison or in custody, the person so appointed as aforesaid may Property.
seize any property (his necessary wcaring apparel only excepted) in the custody or possession of such bankrupt, or of any other person, in any
Commissioners as aforesaid may break open any house, chamber, shop,
warehouse, door, truuk, or chest of such bankrupt, in Ireland, where any
may break open the
or other magistrate ; and provided also, that the person thereby appointed
No. I. shall, before a Justice of Peace residing in ihe county where such
5 Geo. IV. property shall be reputed to be, depose upon oath that he is the person named in such warrant.
c. 98. XXIX. And be it enacted, That in all cases where it shall be inade to appear to the satisfaction of any Justice of Peace in England or Ireland, Messenger that there is reason to suspect and believe that property of the bankrupt may obtain
Search Warillis concealed in any house prennises or other place not belonging to such di bankrupt; such Justice of Peace is hereby authorized to grant a search
Property of warrant tu the person so deputed by the Commissioners as aforesaid, the Bankrupt who may execute the same in like manner, and shall be entitled to the is sworn to be same protection as is allowed by law in execution of a search warrant for concealed. property reputed to be stolen and concealed.
XXX. And be it furtlier enacted, That if, in the execution of such Execution of warrant as aforesaid, it shall be necessary to have access to any house, such Warrant chamber, shop, warehouse, door, trunk, or chest of such bankrupt, in Scotland. in Scotland, where any of the property of such bankrupt shall be reputed to be, or to seize and get possession of such property, such warrant, after having been verified upon oath as aforesaid, may be backed or indorsed with the name of a judge ordinary or Justice of the Peace in Scotland, who are hereby required within their respective jurisdictions to back or indorse the same; and such warrant so indorsed shall be sufficient aus thority to the person bringing such warrant, and to all officers of ihe law in Scotland, to execute the same within the county or burgh wherein it is so indorsed, and in virtue thereof to break open the house, chamber, shop, warehouse, door, trunk, or chest of such bankrupt, and to seize and take possession thereof, to be distributed under the said commission, or otherwise dealt with according to law.
XXXI. And be it enacted, That no action shall be brought against Of Actions any person so appointed by the Commissioners for any thing done in obe- against Per: dience to their warrant, unless demand of the perusal and copy of sous acting in
to such warrant hath been made or left at the usual place of abode of such
Warrant of person or persons, by the party or parties intending to bring such action, Commisor by his or their attorney or agent, in writing, signed by the party sioners. or parties demanding the same, and unless the same hath been refused or neglected for six days after such demand; and if after such demand and compliance therewith any action be brought against the person so appointed as aforesaid, without making the petitioning creditor or creditors defendant or defendants, if living, on producing and proving such warrant at the trial of such action, the jury shall give their verdict for the defendant, notwithstanding any defect of jurisdiction in the Commissioners; and if such action be brought against the petitioning creditor or creditors, and the person so appointed as aforesaid, the jury shall, on proof of such warrant, give their verdict for the person so appointed as aforesaid, notwithstanding any such delect of jurisdiction as aforesaid; and if the verdict shall be given against the petitioning creditor or creditors, the plaintiff or plaintiffs shall recover his or their costs against him or them, to be tased so as to include such costs as the plaintiff or plaintiffs are liable to pay to the person so appointed as aforesaid.
XXXII. And be it further enacted, That in any such action so brought Proof in such as aforesaid against the petitioning creditor or creditors, either alone or Actious ibat jointly with the person so appointed by the Commissioners as aforesaid, Defendants for any thing done in obedience to their warrant, proof by the plaintiff or
are Petition. plaintiffs in such action that the defendant or defendants, or any of them, renders them
ing Creditors are petitioning creditors, shall be sufficient for the purpose of making liable. such defendant or defendants liable, in the same manner and to the saine extent as if the act complained of in such action had been done or committed by such defendant or defendants. XXXIII. And be it enacted, That after adjudication the Commis
Commissionsioners may, by writing under their hands, summon before them any ers empowered to summon Persons suspected of having Bankrupt's Property in their Hands, and all Persons who can give lafurmation, &c.; and compel them to produce Books, &c.