Page:Ruffhead - The Statutes at Large - vol 2.djvu/641

 A.D. 1570. Anno iii Rcginac Eliz a bf.tii ft. C. 7. 591 ditors, but alfo make Payment of the Overplus of" tin; fame, jf any fuch fhall he, to t!.-j favj Bankj., their Executors, Admininratois or Affigns. V. And be it further rn;u led by Authority aforcfaid, That if after any fuch Ait o: flen and Complaint thereof made to the faid Qornnuffionera fo tube appointed as i of them, by any Party grieved as is aforcfaid, concerning the Pirn.itf ■,, knowing, fuppofing o any of the Goods, Chattels, Wares, Alar. 1 . andiki. or Debts "' fuch ( > Debtors, to be in the Cuftody, CJfe, Occupying, Ke ping or Pudi-flion <.i qiuyPcrfon pi i JVifon ..1 1 rfons to be indebted to any fucn Offender or Offenders, do make Relation thereof to th ( 'ommiffioncrs fo to be appointed or the more Part of-them} that tlieti tin l..ul ComrniffioiuiJ • , oi the Part of them, fhall by Virtue hereof and of the laid Commillion have full Power *nd Authority to lend fo| and call before them by fuch Procefs, Ways or Mean:, as they (hall think convenient by their Difuc: all and every fuch Perfon and Perfons fo Lik.uh, fufpeded or fuppofed to have any fuch Goods, CI. tl Wares, Merchandilcs or Debts in his or their Cullody, life, Occupation, Keeping or Policffion, 01 fup- pofed or fufpccdxd to be indebted to fuch Offender or ' ffenders ; (2) and upon their Appearance to ex.:.^ them and (.very of them, as well by their Oaths as ptherwffe, by fuch Ways and Means as the faidCom- raiflioners or the more Part of them by their Dilcretions fhall think meet and convenient, for and upon the Specialty, Certainty, true Declaration and Knowledge of all and fingujar fuch Goods, Chattels, Wares, Merchandilcs and Debts of any fuch Offender or Offenders, as be fupi.ofcd or fufpectcd to be in his or their Cullody, Ufe, Occupation or PultuHon, and all fuch Debts a* by them or any of them fhall be fuppofed or fufpcclcd to be owing to any fuch Offender or Of- fenders. VI. And if anv fuch Perfon or Perfons upon fuch Examination do not difclofe and plainly declare, and : {hew the whole Truth of fuch Things as he or they fhall be examined of concerning the Prcmili Knowledge, or do deny to fwear ; then every fuch Perfon or Perfons fo denying to (wear, or b< •in;/, cxa- J^',"^^" ^ mined do not declare the plain and whole Truth concerning the Prcmiffes, upon due Proof thereof to be 1 made before the faid Commiffioners, or the more Part of them fo to be appointed as is aforcfaid, by Witnefs, f«ft to IWev. Examination orothcrvvife, as to the faid Commiflioners or the more Part of them fhall fecm fufficient in that 1 - ' ' ■- Behalf, fliall lofc and forfeit double the Value of all fuch Goods, Chattels, Wares, Merchandilcs an .1 [ "", Debts by them or any of them fo concealed, and not wholly and plainly declared and fhewed : (2) "Which, 1 , . , , Forfeiture fhall be levied by the faid Commiflioners or the more Part of them, of the Lands, Tenements, §. 10. Hereditaments, Goods and Chatt Is of fuch Perfon fo denying to fwear, or not difclofing the whole Truth How the I as is aforcfaid, by fuch Ways and Means, and in fuch Manner and Form, as is before limited and ap- ,u J e ^ T^Vi pointed for the principal Offender or Offenders, Debtor or Debtors j (3) and the fame Forfeiture or For-["°j"j di feitures to be difhibuted or employed to and for the Satisfaction and Payment of the Debts of the faid Cre- ditor or Creditors, in fuch like Manner, Rate and Form, as is before declared concerning the Ordering of the Lands and Tenements, Offices, Fees, Goods and Chattels of fuch Offcnd.r or Offenders, Debtor or Debtors, as is aforcfaid. VII. And be it further enacted, That if at any Time before or after that any fuch Perfon or Perfons de- A Rcmdy partem the Realm, or fhall keep his or their Houfe or Houfes, or otherwife abfent him or themfeb cs,_or ^""j 1 ^™, c take Sanctuary, or fuffer him or themfelves to be arrefled, outlawed, or yield his or their Bodies to Prifon GnoJjof'lLnL as is aforcfaid, any Perfon or Perfons do fraudulently by Covin or Collufion, claim, demand, recover, pof- I1JB t s , fefs or detain any Debts, Duties Goods, Chattels, Lands or Tenements, by Writing, Truft or Other* wife, which were or fhall be due, belonging or appertaining to any fuch Offender or Offenders, other than fuch as he or they can and do prove to be due by Right and Confcienice in Form aforcfaid for Money paid, Wares delivered, or other jufl Confideration or Caufe reafonable, to the juft Value thereof, before the faid Commiflioners fo to be appointed, or the more Part of them, as is aforcfaid, and the fame to proceed bona fide, without Fraud or Covin : That then every fuch Perfon or Perfons fo craftily demanding; claim- ing, having, poffeffing or detaining any fuch Debt, Duty or other Thing as is aforcfaid, fhall forfeit and lofe double as much as he or they fhall fo claim, demand, detain or poffefs ; which faid Forfeiture fhall be levied, recovered and employed in Manner and Form as is afore rehearfed. VIII. Provided alfo, and be it enaded by the Authority aforcfaid, That if it fhall fortune the Creditors H»- iK^'- of any fuch Bankrupt as is aforcfaid, to be fatisfied and paid off their Debts and Duties of or with the pro- [^^ ''JJ^. per Lands, Tenements, Goods, Chattels and Debts of the faid Bankrupts, or of or with the fame and (ome . eBaaitrept'i Part of the Forfeitures of the faid double Values to be forfeited as is aforefaid, and that there fhall remain Debts he an Overplus of the faid Forfeitures of the faid double Values ; That then the one Moiety of the faid Over- plus of the f.ud Forfeitures of the double Values fo remaining fhall be by the faid Commiiiioners fo executing the faid Commiffion, within convenient Time after the levying thereof, paid unto the Oueen's Majefty, her Heirs and Succeffors; and the other Moietv thereof fhall be by the faid Commiffioners employed and difhibuted to and amongft the Poor within the Hofpitals in every City, Town or County, .here any iuch. Bankrupt fhall happen to be ; any Thing in this Ail to the contrary thereof notwithstanding. IX. And be it further enacTcd by Authority aforefaid, That if any fuch Perfon or Perfons which is or a Ren ■<>■.■ fhall be indebted, do of Purpofe withdraw him or themfeles out of or from his or their ufual.Manfij Houfe or Houfes ; That then upon Complaint thereof made to the faid Commiffioners, having Authority hlto .... , rom as is aforefaid, the fame Commiffioners or the more Part of them fhall by Virtue and Authority o) his pre- ,. d .::.:.;- fent AcVhave full Power and Authority to award five Proclamations to be made in (JieQueen's Name, u| on five fundry Market-days, in fuch Places near the Place where fuch Bankrupc hath molt commonly dwefle or made his Abode, commanding him or them by the fame Proclamation in the Queen's Name, to return
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