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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
at the rate
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.
1. Goods in order o
els goods, &c.
to seize goods in Ireland.
1. Vendor of land to
mint the agreement. the bankrupt.
a dir condeyances.
Esperging proof 11. Choice of assigne
1. Jeint creditors to THE NEW ACT, 6 GEO. IV. c. 16. RELATING TO BANKRUPTS.
Ditto of real.
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 copyhold—fraudulent 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.
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
&. What shall be co
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
95. As to registration of proceedings in
dence unless registered.
97. Office copies evidence.
98. Proceedings not liable to stamp du-
100. Application of forfeitures.
102. Creditors to direct where money
collected to be paid in.
103. Commissioners to direct money to
be vested in exchequer bills.
104. Penalty of twenty per cent. on ase
discharged as to his future effects, &c.
and not before four months from issuing.
debts not to receive more than others.
110. Assignees to file upon oath certificates
111. No action to be brought for divi-
time for bankrupt's surrender.
amination for his maintenance.
115. Bankrupt apprehended to have the
to deliver up books-at-
tend assignces—allowance for attendance,
to be free from arrest,
118. Commissioners may adjourn the bunk-
122. How signed.
125. Contracts to induce creditors to
Bebrupt allowance of
in what cas
131 | As to composition contracts for sa
135. As to the construction of the present
136. Commencement of the Act.
rizte or allowanc
not liable to
is of Exchange, s.
Politie, &c. S
to Lord Chance
, 125, 126.
, payment of s
may issue, s. 13.
Abatement. Commission not to abate by Assignee, with consent of creditors may bilder, s. 2.
compound or submit disputes to arbitrary and Selling,
without consent may not con ricate of Confort
mence suits in equity, s. 88.
may use the names of the othed
to keep a book of account e larission of Bankı
may be summoned to account,
liabilities of, detaining, &c, move petition fo
bond on is
becoming a bankrupt, s. 105.
- joint com
audit of their accounts, s. 106. - second, or
Allachment, Act of Bankruptcy, s. 3.
bankrupi's estate, either real or per renewed c
sonal, s. 98.
Commissioners, s. 212
Bank. See Stock.
Casaitment of bank
may be ordered to join in ca
-3, 34, 36.
not surrendering, &c. guilty
felony, and liable to transportation Lampany. See Cor
imprisonment, s. 112.
allowance to, for maintenance, bankruptcy.
benefit to, to be the same after
by nine-tenths of
surrendered, s. 115.
Cucealment, s. 112,
books on oath : Concerted Declarati
attend the assignees; to be at
liberty Construction of the
inspect accounts, s. 116.
creditors, s. 134.
allowed 5s. per diem for atten Contingent Debt, s.
ing, s. 116.
Contracts for Lease
to be free from arrest during esy
amination, s. 117.
Capgholds, s. 68, 69
if in custody, to be brought beton Corporation. Trad
Commissioners, at creditor's espence Notic
discharged by certificate, s. 19
cases, s. 127.
Credit. See Mutue
Costs of prosecutin