Page:Ruffhead - The Statutes at Large - vol 2.djvu/642

 592 C. 8. Anno xiii Reginae Elizabeths. A. D. 1570. with all convenient Speed, and to yield his or their Body before the faid Commiffioners having Authority as is aforefaid, or one of them, at fuch Time and Place as by the faid Proclamation ihall be appointed : Th P it f ( 2 ) And if the faid Perfon do not according to fuch Proclamation, repair and yield his or their Body as is a Bankrupt not aforefaid, That then the Body of all and every fuch Offender or Offenders ihall be adjudged, taken and yielding himfdf deemed, to all Intents and Purpofes, out of the Queen's Protection : (3) And that alfo every Perfon and after l'.ociama- Perfons that fhall willingly and wittingly help to hide or convey, or fhall willingly and wittingly receive, r°h' "d fd detain or keep iccretly, any Perfon or Perfons fo demanded by Proclamation^ as is aforefaid, fhall fuffer er ""receive him. ^ uc ^ Pains by Imprifonment of his or their Bodies, or pay fuch Fine to our Sovereign Lady the Queen's F. N. B. 232. ' Majefty, her Heirs and SuccefTors, as to the faid Lord Chancellor or Lord Keeper of the Great Seal (being informed thereof by the Commiffioners fo to be appointed, as is aforefaid, or the more Part of them) fhall feem meet and convenient for their faid Offence or Offences. A Remedy for X. Provided always, and be it further enacted, That if the Creditors of any fuch Offender or Offenders, the Creditor if Debtor or Debtors, which fo do depart the Realm, keep his or their Houfe or Houfes, or otherwife abfent he benotfatif- or w ithdraw him or themfelves into Places unknown, or take Sanctuary, or will fuffer him or themfelves fied for his whole tQ ^ arre ft e( j or outlawed, or yield his or their Bodies into Prifon purpofely and for the Caufes aforefaid, be not fully fatisfied, or otherwife contented for their Debts and Duti-es, by the Ways and Means before fpe- cified and declared : That then the faid Creditor or Creditors, and every of them, fhall and may have their Remedy for the Recovery and Levying of the Refidue of their faid Debts or Duties whereof they fhall not be fully fatisfied, paid or otherwife contented in Form, aforefaid, againft the faid Offender or Offenders, in like Manner and Form as they fliould and might have had before the making of this Act : (2) And that the faid Creditor or Creditors, and every of them, fhall be only barred and excluded by Virtue of this Act, of and for every fuch Part and Portion of the faid Debts and Duties as fhall be paid, fatisfied, diftributed or de- livered unto him or them, by Order of the faid Perfons, as is aforefaid, and of no more Portion or Parcel thereof; any Thing herein fpecified that may be taken or conftrued to the contrary notwithftanding. Lands &c. ex- XI. Provided always, and be it alfo enacted by the Authority aforefaid, That if any Perfon or Perfons tendable which which is or fhall be publiihed and declared to be a Bankrupt by V iitue of this Act, fhall at any Time after be purchafed, -or p urcna f e any Lands, Tenements, Hereditaments, Free or Copy, Offices, Fees, Goods or Chattels : (2) do defcend to a Q r ^ zt an y Lands, Tenements, Hereditaments, Free or Copy, Offices, Fees, Goods or Chattels, fhall Cr"cir; P c68. defcend, revert or by any Means come to any fuch Perfon or Perfons, being Bankrupts as is aforefaid, before fuch Time as their Debts due to their Creditors fhall be fully fatisfied and paid, or otherwife agreed for j (3) That then the faid Lands, Tenements, Hereditaments, as well Free as Copy, Offices, Fees, Goods, and Chattels, fhall by Virtue of this Act, by the faid Commiffioners to be appointed, as is aforefaid, or the more Part of them, be bargained, fold, extended, delivered and ufed for and towards the Payment of the faid Creditors, in fuch like Manner and Form as other the Lands, Tenements, Hereditaments, Free or Copy, Offices, Fees, Goods and Chattels of the faid Bankrupts, which they had when they were declared firft to be Bankrupts, fhould or might have been bargained, fold, difpofed or ufed by Virtue of this A&. . . Lands conveyed XII. Provided always, That this Act fhall not extend to any Lands, Tenements or Hereditaments, become before the p ree or Copyhold, which heretofore have been affured by any fuch Bankrupt, or hereafter fhall be allured by any Bankrupt before he beco:r,e Bankrupt : So always that fuch Aflurance be made bona fide, and not to Moor'sL", pi. the Ufe of the Bankrupt himfelf only, or of kis Heirs : (2) And that the Parties to whole Ufe fuch Affurance hath or fhall be made, be not at or before the making of fuch Aflurance, privy or confenting to the ffaudu- 2 Co. 26. j ent p U rpofe of any fuch Bankrupt, to deceive his Creditors. 21 Jac. 1. c. 19. For farther Pioinfwmrelatwv bento, fee 13 & IQ-Car. 2. c. 24. 10 Aim, c. I $. J Geo. I.e. 31. 5 Gen. 2. c/30. (which is continued by 31 Geo. 2. c. 35, to 29 Scjit. I764J 19 Geo,. 2. c. 32. and 24 Geo. z. c. 57. CAP. VIII. An Act againft Ufury. The Statute of ' TX/^EREAS in the Parliament holden the feven and thirtieth Year of the Reign of our late Sovereign 37 H. S. c. 9. ' W Lord King Henry the Fighth, of famous Memory, there was then made and eftablifhed one good epremng or Ulury made againft < enacted : Which faid latter Act hath not done fo much good as was hoped it fhould, but rather the faid U I°nT i°" ' ^iceof Ufury, and fpecially by way of Sale of Wares and Shifts of Intereff, hath much more exceedingly 2 Roll' 240.' ' abounded, to the utter Undoing of 'many Gentlemen, Merchants, Occupiers and Others, and to the im- Dyer 376. ' ' portable Hurt of the Commonwealth, (2) as well for that in the faid later Act there is no Provifion . gainfl Cn. EI. 20,27. ' f ucn . corrupt Shifts and Sales of Wares, as alfo for that there is no Difference of Pain, Forfeiture or ' Punishment upon the greater or leffer Exactions and Oppreffions by Reafon of Loans upon Ufury :' The Statute of II. Be it therefore enacted, That the faid later Statute made in the fifth and fixth Years of the Reigrt of c - 6 E !' t'd ^' ng Edward the Sixth, and every Branch and Article of the fame, from and after the five and twentieth Mi°tSrf ^ a y °fJ u '! e next coming, fhall be utterly abrogated, repealed and made void : (2) and that the faid late 37 H. s. c. 9. Act made in the faid feven and thirtieth Year of King Henry the Eighth, from and after the faid five and revived. . twentieth Day of Juris next coming, fhall be revived and Hand in full Force, Strength and Effect. iHezu.P.C.e.Sz. 2 III. And