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No. II. CXXX. And be it enacted, That no bankrupt shall be entitled to his 6 Geo. IV. certificate, or to be paid any such allowance, and that any certificate, if c. 16.

obtained, shall be void, it such bankrupt shall have lost, by any sort of

gaming or wagering, in one day twenty pounds, or within one year net Bankrupt not preceding his bankruptcy two hundred pounds; or if he shall

, within one entitled to

year next preceding his bankruptcy, have lost two hundred pounds by anje Certificate or

contract for the purchase or sale of any government or other stock. Allowance, where such contract was not to be performed within one week after and Certificate the contract, or where the stock bought or sold was not actually transobtained void, ferred or delivered in pursuance of such contract; or shall, after an act if he has lost of bankruptcy committed or in contemplation of bankruptcy, have 201. in One

destroyed, altered, mutilated, or falsified, or caused to be destroyed, Day, or 2001. altered, mutilated, or falsified, any of his books, papers, writings, ar within Twelve securities, or made or been privy to the making of any false or fraudulent Months; or 2001. by Stock

entries in any book of account or other document, wiih intent to defraud jobbing;

his creditors, or shall have concealed property to the value of ten pounds or destroyed or upwards; or if any person having proved å false debt under the comBooks, &c.; mission, such bankrupt being privy thereto, or afterwards knowing the or made frau- same, shall not have disclosed the same to his assignees within ont dulent En- month after such knowledge. tries; or concealed Property to the Value of 101.; or permitted fictitious Debts to be provel

. Bankrupt not

CXXXI. And be it enacted, That no bankrupt, after his certificate liable upon

shall have been allowed under any present or future commission, shall any Promise to pay Debt be liable to pay or satisfy any debt claim or demand, from which he discharged by shall have been discharged by virtue of such certificate, or any part de Certificate, of such debt claim or demand, upon any contract promise or agreement unless such made

or to be made after the suing out of the commission, unless such Promise be in promise contract or agreement be niade in writing, signed by the bankWriting. rupt, or by some person thereto lawfully authorized in writing by

such bankrupt. Assignees, in CXXXII. 'And be it enacted, That the assignees shall, upon request case of Sur

made to them by the bankrupt, declare to him how they have disposed of plus, shall

his real and personal estate, and pay the surplus, if any, to such bankrupt, account and

his executors, administrators, or assigns; and every such bankrupt, pay it to the Bankrupt.

after the creditors who have proved under the commission shall have been In case of a

paid, shall be entitled to recover the remainder of the debts due to him: Surplus all but ihe assignees shall not pay such surplus until all creditors who have Debts to carry proved under the commission shall have received interest upon Interest. debts, to be calculated and paid at the rate and in the order following

(that is to say), all creditors whose debts are now by law entitled to carr interest, in the event of a surplus, shall first receive interest on such debts at the rate of interest reserved or by law payable thereon, to be calculated from the date of the commission, and after such interest shall have been paid, all other creditors who have proved under the commission shall receive interest on their debts from the date of the commission,

of four pounds per centum. Nine-Tenths CXXXIII. And be it enacted, That at any meeting of creditors alike in Number the hankrupt shall have passed his last examination (whereof and of the and Value of purport of which twenty-one days' notice shall have been given in the Creditors may London Gazette), if the bankrupt or his friends shall make an offer accept a Com; of composition, or security for such composition, which nine-tenidos position which in nuinber and value of the creditors assembled at such meeting shall shall bind the

agree to accept, another meeting for the purpose of deciding lipon such and it at such second mecting nine-tenths in number and value of the creditors then present shall also agree to accept such offer, the Lord

, in writing, supersede the said commission. Mode of vot- CXXXIV. And be it enacted, That in deciding upon such offer part ing in decid

aforesaid, any creditor whose debt is below twenty pounds shall nome ing upon such be reckoned in number, but the debt due to such creditor shall be

coinputed in value; and that any creditor to the amount of fifty pounds and upwards, residing out of England, shall be personally served with a

their

at the rate

rest.

py of the notice of the meeting to decide upon such offer as aforesaid, No. II. d of the purpose for which the same is called, so long before such meeting 6 Geo. IV. that he inay have time to vote thereat; and such creditor shall be

c. 16. titled to vote by letter of attorney, executed and attested in manner reby required fur such creditors voting in the choice of assignees; and any creditor shall agree to accept any gratuity or higher composition er assenting to such offer, he shall forteit the debt due to him, together 2 th such gratuity or composition; and the bankrupt shall (if thereto tequired) make oath before the Commissioners that there has been E 'such iransaction between him or any person with his privity, and any

the creditors, and that he has not used any undue means or influence 1 th any of them to attain such assent as aforesaid. CXXXV. And be it enacted, That this Act shall be construed benefi- Construction Elly for creditors, and that nothing herein contained shall alter the pre- of the Act. of practice in bankrupicy, except where any such alteration is expressly

clared, and that it shali extend to aliens denizens and women, both to make them subject: thereto, and to entitle them to all the benefits given is rereby; and that all powers hereby given to, or duties directed to E performed by the Lord Chancellor, shall and may be exercised or

rformed by a Lord Keeper or Lords Commissioners of the Great Seal; suid all powers given to or duties direcied to be performed by the Com-ssioners or assignees, may be exercised and shall be performed respec

ely by the major part of the Commissioners, or by one assignee, where in ly one shall have been chosen ; and that nothing hercin contained shall Subsisting

Commissions ader invalid any commission of bankruptcy now subsisting, cr which

declared valid. all be subsisting at the time this Act shall take effect, or any proceed

which may have been had thereunder, or affect or lessen any right, ruim, demand, or remedy which any person now has thereunder, or upon against any bankrupt against whom any commission has or shall have ued, except as herein specifically enacted; and that this Act shall not Act not to tend either to Scotlund or Ireland, except where the same are expressly extend to entioned.

Scotland'or CXXXVI. And be it enacted, That this Act shall not take effect before Ireland.

e first day of September one thousand eight hundred and twenty-five; Commencejope and except that the repeal of the Act passed in the fifth year of the ment of Act. ign of Dis present Majesiy, hereby repealed, and all enactnients herein

ntained relating to certificates of conformity, shall take effect upon the issing of this Act.

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OF

1. Goods in order o

els goods, &c.

to seize goods in Ireland.

1. Vendor of land to

mint the agreement. the bankrupt.

e.

a dir condeyances.

ANALYSIS

Esperging proof 11. Choice of assigne

1. Jeint creditors to THE NEW ACT, 6 GEO. IV. c. 16. RELATING TO BANKRUPTS.

commandons.
& Conveyance of pe

Ditto of real.
ANALYSIS.

ü Ditto of estates ta

the Lord Chancellor * The Parts printed in Italics are new.

1. Suits not abated be Sect.

Sect. 1. All former statutes repealed.

24. Power of Commissioners to sumed it. Copyhold estates 2. Description of persons liable as truders witnesses to prove trading or act of tale as to fines of co to the bankrupt laws.

ruptcy before adjudication.

8. Mortgaged estate 3. Acts of bankruptcy—departing the 25. Appointment of meetings for PreyFraudulent exter realm-remaining abroad-departing from

of debis. dwelling house-absenting-beginning to 26. Commission not to abate by king 1. Fraudulent convkeep house—fraudulent arrest-yielding to or bankrupt's death, &c. prison-fraudulent outlawry-arrest-at- 27. Power to messenger to seize, &c | A Distress for not tachment or erecution, fraudulent deed ex- 28. ecuted abroad or at home-fraudulent sur- 29. Messenger muy obtain search warrel Where bankrupt render of copyholdfraudulent gift, delivery, where bankrupt's goods sworn to be corretament for leases. or transfer of goods or chattels.

on other persons' premises. 4. Conveyance of trader's property not an 30. Execution of search warrant i gaees to decide wheth act of bankruptcy, unless a commission issue land. within six months.

31. Of actions against persons acting Assignees may 5. Acts of bankruptcy-lying in prison der Commissioners' warrant.

52. Proof against petitioning creditar R. Lord Chancellor for twenty-one days-escaping out of prison.

6. Ditto- Declaration of insolvency filed render them liable. at the bankrupt office.

33. Power of Commissioners to suma . Where bankrupe 7. Concerted declaration not to invalidate witnesses. commission issued thereon.

34. Power of Commissioners to come in. Conveyances, & 8. Act of bankruptcy-compounding 35. As to witnesses' expences. with the petitioning creditor.

36, Power to summon and com 9.

Lankrupt.
As to traders having privilege of

37. Power to summon bankrupt's rupts without not 11. Parliam.ent.

38. Penalty on gaoler for escape. 12. Issuing commission.

39. Proceedings on the Habeas Corpo de Protection to de 13. Striking docket.

Court may look at the whole of the erant 14. Petitioning creditor to prosecute

tion. commission at his costs, taxed, &c.

40. Ditto in actions for false imprisonnet,

41. Of actions against Commissioners. No purchase imp 15. Petitioning creditor's debt-sufficient though not yet payable-even though no 42. Defendants to have notice. security.

43. Tender of amends. 16. Joint commissions against partners 44. Limitation of actions. in a firm.

45. Provisional assignee. 17. Proceedings in a second or other 46. Proof of debts.

47. Proof notwithstanding secret act 1. Assignees of pa commission may be stayed.

18. If petitioning creditor's debt is found bankruptcy. insuficient, the Lord Chancellor may, on the 48. As to clerks and servants. petition of other creditors, order the commis- 49. As lo apprentices. sion to be proceeded in.

50. Mutual debts. 19. Commission valid notwithstanding act 51. Debts not payable. of bankruptcy prior to the petitioning cre. 52. Proof by sureties. ditor's debt.

53. Proof on policies, &c. 20. Power to Lord Chancellor to issue 54. -- by annuity creditor.

55. Sureties for annuities, how to pronk . Proviso for deb auxiliary commissions. 21. Commissioner's oath.

56. Contingent debts. 22. fees.

57. Interest on promissory notes, &c. 23. Barristers in country commissions 58. Costs not tured proveable

. may attend aud receive fees in priority. 59. Creditor's election.

6. Where beneficia

a commission, va

e Protection to all

10.

&. What shall be co

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8. What shall be

pued out within two

6. Titles lo prope

o not impeached afte

. Assignees may papound, &c. Mie

partner in su

ther $. In actions no ppport commission

giren. 91. Ditto, in suits n. Depositions com hela for debts due to pless he dispute the co Mary into court befor py disputing the com

4. If commission rekor discharged from

ees,

Sect.

Sect.
60. Expunging proof.

95. As to registration of proceedings in
61. Choice of assignees.

bankruptcy.
62. Joint creditors to vote under separate 96. Particular proceedings not to be evi-
ommissions.

dence unless registered.
63. Conveyance of personal estate.

97. Office copies evidence.
64, Ditto of real.

98. Proceedings not liable to stamp du-
65. Ditto of estates tail.

ties.
66. Lord Chancellor may remove assig- 99. Punishment of perjury.

100. Application of forfeitures.
67. Suits not abated by death or removal of 101. Books to be kept by, and power to
signees.

summon assignees.
68. Copyhold estates.

102. Creditors to direct where money
69. As to fines of copyhold.

collected to be paid in.
70. Mortgaged estates.

103. Commissioners to direct money to
71. Fraudulent extents.

be vested in exchequer bills.
72. Goods in order or disposition.

104. Penalty of twenty per cent. on ase
73. Fraudulent conveyance by bankrupt signees for not vesting in exchequer bills,
bis goods, &c.

&c.
74. Distress for not more than one year's 105. Assignee becoming bankrupt, not
27.

discharged as to his future effects, &c.
75. Where bankrupt entitled to lease or 106. Audit within six from examination
reement for leases.

and not before four months from issuing.
76. Vendor of land to bankrupt may compel 107. Method of making dividends.
signees to decide whether they will accept or 108. Creditors having security for their
cline the agreement.

debts not to receive more than others.
77. Assignees may execute powers vested 109. Final dividend.
the bankrupt.

110. Assignees to file upon oath certificates
78. Lord Chancellor may order bankrupt of uncluimed dividends.
join in conveyances.

111. No action to be brought for divi-
79. Where bankrupt trustee.

dends.
80. Where beneficially entitled to stock. 112. Felony for not surrendering, con-
81. Conveyances, &c., two months be- cealing, &c.
re a commission, valid without notice, 113. Lord Chancellor may enlarge the

time for bankrupt's surrender.
82. Protection to all payments by and to 114. Allowance to bunkrupt till last er.
inkrupts without notice.

amination for his maintenance.
83. What shall be constructive notice.

115. Bankrupt apprehended to have the
84. Protection to delivery of goods with- same benefit as if he had voluntarily sur-
ut notice.

rendered.
85. What shall be notice to bodies cor- 116.

to deliver up books-at-

tend assignces—allowance for attendance,
86. No purchase impeached, unless commis- &c.
on sued out within twelve months.

117.

to be free from arrest,
87. Titles to property sold under commis- &c.
on not impeached after twelve months.

118. Commissioners may adjourn the bunk-
83. Assignees may submit to arbitration, rupt's examination sine die.
ompound, &c. Meelings of creditors. 119. Bankrupt in custody to be brought
89. Assignees of partners inay use names before the Commissioners at the creditor's
fother partner in suits.

expence.
90. In actions no proof of requisites to 120. Penalty for concealing bankrupt's
upport commission necessary, unless no- effects, and allowance for discovery.
ice given.

121. Certificate.
91. Ditto, in suits of equity.

122. How signed.
92. Depositions conclusive in actions or 123. As to certificates under 5 G. 4.
uits for debts due to the bankrupt's estate, 124. Proof of signature.
mless he dispute the commission.

125. Contracts to induce creditors to
93. Proviso for debtor to the estate paying sign, void.
noney into court before the lime for the bunk- 126. Effectof certificate-evidence-dis-
'upt disputing the commission is over.

charge.
94. If commission afterwards superseded, 127. Future effects liable under second
debtor discharged from cluins of the bank- commission, &c.
rupt.

128. Allowance.

C.

brate.

Bebrupt allowance of

in what cas

Sect.

Sect.
129. Allowance to one partner.

133.
130. What shall deprive bankrupt of be-

131 | As to composition contracts for sa

perseding commission.
nefit of certificate and allowance.

135. As to the construction of the present
131. Bankrupts not bound by promise after Act.
certificute, unless in writing.

136. Commencement of the Act.
132. Surplus-Debts to carry interest.

rizte or allowanc

not liable to

certificate unl
eiung, s. 131.

to receive
istraptcy. See Ac

is of Exchange, s.

Politie, &c. S

to Lord Chance
Stuary, s. 53.
Bræer, s. 2.

INDEX.

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S. 67.

lit

, 125, 126.
Outs

, payment of s
Expencement of ACE

may issue, s. 13.

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17.

S. 6.

Abatement. Commission not to abate by Assignee, with consent of creditors may bilder, s. 2.
demise of the crown, s. 26.

compound or submit disputes to arbitrary and Selling,
Actions and suits not to abate tion, s. 88.
in consequence of removal of assignees,

without consent may not con ricate of Confort

mence suits in equity, s. 88.
Act, commencement of, s. 136.

may use the names of the othed
does not extend to Scotland or Ireland, partners in actions or suits, s. 89.
s. 135.

to keep a book of account e larission of Bankı
Acts of Bankruptcy, described in sections bankrupt's estate, s. 100.
3, 4, 5, 6, 8, 10, 11.

may be summoned to account,

- limitation
Act of Bankruptcy, concerted, s. 7.

liabilities of, detaining, &c, move petition fo
prior, s. 19.
S. 104.

bond on is
notice of, s. 83, 85.

becoming a bankrupt, s. 105.

- joint com
Acts of Parliament repealed. See Statules.

audit of their accounts, s. 106. - second, or
dction, limitation uf, s. 44.

Allachment, Act of Bankruptcy, s. 3.
Adjournment of Eramination, s. 118. Auction Duty. None payable on sale auxiliary
Adjudication of Bankruptcy, s. 24.

bankrupi's estate, either real or per renewed c
Amends, s, 43.

sonal, s. 98.

Commissioners, s. 212
Advertisement of Declaration of Insolvency, Audit, s. 106.

barris
Auxiliary Commissio, s 20.

92.
Agreement for lease, s. 73.
Buil, may prove after payment, s. 52.

fees
Alehouse-keeper,- Inn-keeper, s. 2.

Bank. See Stock.

Casaitment of bank
Allowance to persons discovering estate, s. Bunker, s. 2.

bankru
116.
Bankrupt may be summoned, examine

witness
of certificale. See Certificule. imprisoned, s. 36. So may his wife, s.
to bankrupt, s. 112, 125, 126,

may be ordered to join in ca
127.

veyance, s.78.

-3, 34, 36.
Annuity, proof on, s. 54.

not surrendering, &c. guilty
- surety for, s. 55.

felony, and liable to transportation Lampany. See Cor
Answer. Vide Erumination.

imprisonment, s. 112.

Composition Deed,
Apprentice. Indentures discharged, s. 49.

allowance to, for maintenance, bankruptcy.
fee repaid, ib.

S. 114.
Arbitration. Assignces may submit dis-

benefit to, to be the same after

by nine-tenths of
putes to arbitration with consent of the apprehension as if he had voluntari, mode of votingo.
creditors, s. 88.

surrendered, s. 115.

Cucealment, s. 112,
Arrest, Act of Bankruplcy, s. 3.

to deliver

books on oath : Concerted Declarati
Assignee, provisional, s. 45.

attend the assignees; to be at

liberty Construction of the
choice of, s. 61.

inspect accounts, s. 116.

creditors, s. 134.
Commissioners may reject, ib.

allowed 5s. per diem for atten Contingent Debt, s.
conveyance to, s. 63, 64, 65.

ing, s. 116.

Contracts for Lease
Lord Chancellor may remove, s.

to be free from arrest during esy

ment.
66.

amination, s. 117.

Capgholds, s. 68, 69
suits and actions not to abate by

if in custody, to be brought beton Corporation. Trad
death or removal, s. 67.

Commissioners, at creditor's espence Notic
may redeem conditional estates, s. 119.
s. 70.

discharged by certificate, s. 19

actions, s.
may execute powers previously 123. But future effects liable in certai

proveable,
vested in bankrupt, s. 77.

cases, s. 127.

Credit. See Mutue

tioning Creditor's

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warran

to supe

up

Costs of prosecutin

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