Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n king_n lord_n person_n 4,136 5 4.8948 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A28155 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 Billinghurst ... Billinghurst, George. 1676 (1676) Wing B2906; ESTC R4175 68,407 208

There is 1 snippet containing the selected quad. | View lemmatised text

the Law will not trust him with the distribution of his Goods vide Coke lib. 2. 26. a. Case of Bankrupts 29. Secondly more Particularly In particular the Bankrupts are to be proceeded against by Persons immediately authorized by Act of Parliament or mediately Touching the Bankrupts Person the persons immediately authorized are set forth by 34 H. 8. cap. 4. to be the Lord Chancellor or Lord Keeper for the time being Lord President Lord Privy-Seal o● other of the Kings most Honourable Privy-Counsel and the Chief Justice of either Bench for the time being or three of them at the least whereof the Lord Chancellor or Keeper of the Great Seal Lord Treasurer Lord President or the Lord Privy-Seal to be one who upon every complaint made to them in writing by any parties grieved shall have power and authority by vertue of the said Act to take by their wisdom and discretion such orders and directions as well with the bodies of the said offendors wheresoever they may be had as well in their houses as else where by imprisonment of their Bodies or otherwise as also with their Lands Tenements c. which they have in Fee-simple Fee-tail for term of life term of years or in the right of their wives as much as the interest Right and Title of the same offenders shall extend to or be and may then lawfully be departed with by the said offendors and also with their moneys goods chattels wares merchandises and debts wheresoever they may be found or known c. 34 H. 8. cap. 4. 30. So that the power given by the said Statute relates either to the person or estate of the Bankrupt First as to his person viz. If the offender doth withdraw out of the Kings Dominions to defraud his Creditors upon complaint thereof made in writing to the said Lords having authority as aforesaid they shall by vertue of the said Act have power to award Proclamations to be made in such places as to them shall be thought meet and convenient commanding by the same such offendor in the Kings name to return with all convenient speed into this Realm and to yield his body before the said Lords or one of them And if the said person within three months after he shall have notice of such Proclamation or so soon after as he conveniently may do not repair and yield his body as aforesaid That then the body of all and every such offender and offenders shall be adjudged taken and deemed to all intents and purposes out of the Kings protection and his Goods Chattels Lands Tenements and Debts shall be by the order and discretion of the said Lords employed and distributed amongst the offenders Creditors equally c. 34 H. 8. cap 4. 31. Secondly Touching the offendors Touching the Bankrupts estate estate observe more particularly first the power given to the Lords by 34. H. 8. for the discovering and obtaining of it Secondly for their disposal and ordering of it 32. First for the discovery and The discovery of it obtaining of it The effect of that Statute is That if after any such Act or offence committed and complaint thereof made to the Lords as aforesaid by any party grieved concerning the premises who knowing or suspecting any of the goods chattels wares merchandizes or debts of such offendors to be in the custody use or possession of any person or persons or any person or persons to be indebted to any such offendor or offendors do make relation thereof to the said Lords then they are impowred by the said Statute to send for and convent before them such person or persons so known or supposed to have any such goods wares c. in their custody or to be indebted to the offendor or offendors and upon their appearance to examine them and every of them as well by their Oaths as otherwise for and upon the specialty certainty true declaration and knowledg of all and singular such goods wares debts c. as be suspected to be in his or their custody use c. And if the person so examined do not plainly disclose the whole truth of such things whereof he shall be examined touching the premises then every such person or persons so examined and not declaring the plain and whole truth upon such proof thereof made before the said Lords as they shall judge sufficient in that behalf shall lose and forfeit double the value of all such goods wares c. so concealed to be levied by the said Lords by such ways and means as they shall think fit the same to be distributed to the Creditors in such manner as the Bankrupts Estate 34 H. 8. cap. 4. 33. And that if any person or persons do fraudulently by covin or collusion demand any debt or other thing by writing or otherwise of such offendor or offendors other than such as he or they can and do prove to be justly due before the said Lords that then every such person or persons so crastily demanding any such debt c. shall forfeit the double of what he shall so claim c. to be levied and imployed as aforesaid 34. So if the Bankrupt after he shall do those acts whereby he is declared Bankrupt shall suffer fraudulent recoveries against him of any debts goods c. upon complaint thereof to them made the Lords are impowred to convent before them the Recoverers and after such fraud discovered the said goods c. so recovered shall be chargeable to the Bankrupts debts and be disposed of to the Creditors notwithstanding such Recovery 34 Hen. 8. cap. 4. 35. Secondly Observe the power Disposal of the Bankrupts estate given by that Statute to the Lords for disposing and ordering of the Bankrupts Estate First they have power to cause the Bankrupts Lands Tenements Fees Offices Annuities Goods and Chattels Debts c. to be viewed rented and appraised Secondly To make a sale of the said Lands c. or otherwise to order the same for the true satisfaction and payment of the said Creditors rate and rate like according to the quantity of their debts Thirdly And that every direction order bargain sale and other things done by the said Lords as aforesaid in w●iting signed with their hands shall be good and effectual in the Law to all intents c. against the offenders their heirs and executors for ever as if done and executed by the offendors themselves 34 Hen. 8. chap. 4. Which Statute of 34 H. 8. although it be now out of use yet in regard I do not find itactually repealed I suppose it will not bethought altogether superfluous to be taken notice of The proceedings against and punishment of the Bankrupt by persons mediately authorised by Parliament 36. The next things considerable are the proceedings against and punishment of the Bankrupt by Commissioners Commissioners Their Commission or persons mediately authorized by Parliament wherein take notice First of their Commission and therein observe first from