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
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 oâ— 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 wâ—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
every such person or persons whatsoever whom the said Bankrupt by common Recovery or other way or means might cut off or debar from any remainder reversion rent profit title or possibility into or out of any of the said Mannors Lands Tenements or hereditaments 21 Jac. chap. 19. 114. Thirdly as to the Copy holds Copy-hold the sale and dispositon of them shall be good against the Bankrupts to all intents and purposes and against his or their wife or wives heir and heirs in like manner as before for his other estate Sect. 45. for there is no distinct clause for the Copy-holds viz. And also against the Lords of the Mannors whereof the said Customary or Copy-hold Lands been holden their Heirs Successors and Assigns and every of them and there is a Proviso added That the Vendees of such Copy-holds shall compound for their Fines with the Lords before entry vide Sect. 93. before 115. The sale of the Commissioners doth vest the Copy-hold estate so in the Vendee before admittance that the said Bankrupt cannot be said to be Tenant and therefore if he dle before admittance his wise shall not have any Customary estate which by the custom she ought to have when her husband dies Tenant the Vendee is only excluded by the Statute from entry or taking of the profits before composition made with the Lord which is only for the Lords benefit and not the Copy-holders also it was held that after composition for the time and the admittance of the Vendee it shall relate to devest all Customary estates happening since the sale and before the said composition and admittance Crook part 3. 568 569. Parker vers Edith Bleek 116. If two Joynt-tenants be of Copy-hold â—ands in Fee and the one out of Court according to the custom surrender his part to the Lords hands according to the custom to the use of his last will and by his will deviseth a part to a stranger in fee and dieth and at the next Court the surrender is presented by the surrender and presentment the Joynture was severed and the Devisee ought to be admitted to the moiety of the Lands for now by relation the state of the Land was bound by the surrender Cook sur Litt. 596. 117. As to the debts due to the Debts due to the Bankrupt Bankrupt The Commissioners have power to grant assign or otherwise to order and dispose all or any debts due or to be due to or for the benefit of the Bankrupt by any person or persons whatsoever or in what form soever to the use of the Bankrupts Creditors according to 13 Eliz. chap. 7. And that the same grant assignment or disposition of the said debts shall so vest the property right and interest of the said debt and debts in the person or persons to whom the same shall be so granted assigned c. as fully to all intents and purposes as if the Bonds Bills Statutes Judgments or contracts whereupon such debt or debts did arise or grow had been made to or with the person or persons to whom the same shall be so assigned And that after such grant assignment or disposition made of the said debts 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 custom of the City of London or otherwise But that the party or parties to whom the said debt 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 1 Jac. chap. 15. Provided always that no debtor of the Bankrupt be hereby indangered for the payment of his or their Debt truly and bona fide to any such Bankrupt before such time as he shall understand or know that he is become a Bankrupt 1 Jac. chap. 15. 118. To give means of Recovery As to the debts of the Bankrupt assigned by the Commissioners the assignee shall have the like remedy to recover the same as fully and lawfully as the party himself 1 Jac. chap. 15. 119. The Assignees of the said debts may sue for them in their own names because they are debts transferred by Parliament but yet notwithstanding in case the action of debt arise upon a Contract the Defendant may wage his Law for although the Parliament transferred the debt yet it is no debt upon Record Croke part 2. 105. Bradshaws Case A debt due by bond assigned to two Creditors severally they may sue severally for it Godbolts Reports fol. 195. 120. As to Lands c. of the Lands extended Bankrupt extended by any pretended debt or accomptant to the King after such time as the Bankrupt becomes a Bankrupt such person or persons to whom the Commissioners or major part shall bargain sell grant or assign the said Lands c. shall have good remedy to demand and recover the same against such persons as detain the same 21 Jac. chap. 19. 121. As to Lands Tenements c. of the Bankrupts conveyed away upon condition the Commissioners have power to appoint one or more to perform the condition vide devant Sect. 51. Creditor barren 122. Another effect of the Commissioners distribution is to bar the Creditor if any Creditor of the Bankrupts shall not be fully satisfied or otherwise contented by such means as the Statute appointeth they may have their remedy against the Bankrupt as before they had for the remainder and shall be only barred for so much as they are satisfied or contented for and no more 13 El. cap. 7. 123. Lastly to restore the capacity Capacity of Bankrupts of the Bankrupt The Bankrupt to have the overplus of his estate if any be after that the Creditors are satisfied And that the said Bankrupts after the full satisfaction of the said Creditors shall have power and authority to recover receive the residue and remainder of the Debts to them owing 1 Jac. chap. 15. 124. Next observe the accompt of Recompt the Commissioners to the Bankrupt such of the said Commissioners as shall put the said Commission in execution shall upon lawful request to them made by the Bankrupt not only make a true declaration to the said Bankrupts of imploying and bestowing of their said Lands Tenements offices Fees goods chattels and debts so payed and satisfied to their said Creditors but also make payment of the overplus of the same if any such be to the said Bankrupts their executors administrators or assigns 13 Eliz. chap. 7. 125. Remedy for the Commissioners in any action brought against them for acting by