Page:Ruffhead - The Statutes at Large - vol 3.djvu/154

 io6 C. 19. Anno vicelimo primo Jacobi I. A. D. 1623. Who (hall be deemed a Bank- rupt. March 54. JnPart repealed by 10 Annse, c. 15. Seft. I. Cm. Car. 14.9, 549. 5^8. 2 Show. 513.. Skin. 170. J Salk. 109. Mod. Cafes in Law ^9, Commifiions, Orders, Sec, provided hy 13 Eliz. C.J.St I Jac. I. 0,15. ftvall be purfued againll him that isdercribed to be a Bankrupt by this Aft. Orders, &c. pro- vided byihis Aft <hall be purfued againithim that J8 defcribed to be a Bankrupt by J? E!i2, c. 7. & I Jae. I. c. 15. The Bmbrupt's Wife may be examined by the Commiffioners. The Binkru pt that fraudiiient- )y cnncealeth hii» Goods, in this prefent Parliament aflembled, and by the Authority of the fame. That all and figular the afore- faid Statutes and Laws heretofore made againft Bankrupts, and for Relief of Creditors, ihall be in all Things largely and beneficially conftrued and expounded for the Aid, Help and Relief of the Creditors. c^ fuch Perlon or Perfons as already be or hereafter (hall become Bankrupt : II. And that all and every Peribn or Perfons, ufmg or that (hall ufe the Trade of Merchandize, by Way of Bargaining, Exchange, Bartering, Chevilance or otherwife, in Grofs or by Retail j (2) orfeek- ing his or her Living by Buying and Selling ; (3 ) or that (hall ufe the Trade or Profeflion of a Scrivener^ receiving other Mens Monies or Eftates into his Truft or Cuftody ; (4) who at any Time after the End of this prefent Seflion of Parliament, (liall either by himfelf or others by his Procurement, obtain an« Protedtion or Proteftions, other than fuch Perfon or Perfons as (hall be lawfully proteded by the Privilege- of Parliament ; {5) or (hall prefer or exhibit unto his Majefty, his Heirs or SuccefTors, or unto any of tB*. King's Courts, any Petition or Petitions, Bill or Bills againft his or her Creditor or Creditors or any of them, thereby defiring or endeavouring to compel or enforce them or any of them to accept lefs than their juft and principal Debts, or to procure Time or longer Days of Payment than was given at the Time of their original Contrads; (6) or being indebted to any Perfon or Perfons in the Sum of one hundred Pounds or more, (hall not pay or otherwife compound for the fame within fix Months next after Ijhe fame (hall grow due, and the Debtor be arrefi:ed for the fame, (7) or within fix Montlis after an ori- ginal Writ fued out to recover the faid Debt, and Notice thereof given unto him or left in Writing at his or their Dwelling-houfe or lafl: Place of Abode ; or being axrefted for Debt, fhall after his or her Arrelf he in Prifon two Months or more, upon that or any other Arreft or Detenticm in Prifon for Debt ;" (8) or being arrefted for the Sum of one hundred Pounds or more of juft Debt or Debts, (hall at any Time after fuch Arreft efcape out of Prifon or procure his Enlargement by putting in common or hired Bail ; (9) (hall be accounted and adjudged a Bankrupt to all Intents and Purpofes ; (loj and in the faid Cafes of Arrefts or lying in Prifon for fuch Debt or Debts, or getting forth by common or hired Bail^ from the Time of his or her faid firft Arreft. III. And be it further enaded by the Authority of this prefent Parliament, That the like Commif- fions. Orders, Benefits and Remedies which are and be provided and limited by the faid former Adt* of Parliament, made in the thirteenth Year of the late Queen Elizabeth, and in the firft Year of the Rei^ of our Sovereign Lord the King's Majefty, againft any Bankrupts in them or either of than defcribedj. or for or concerning his, her or their Lands, Tenements, Hereditaments, Fees, Annuities, Offices^. Goods, Chattels, Wares, Merchandize and Debts or any of them, (hall and may be had, purfued^ taken and expounded, againft fuch Perfon and Perfons as are herein and hereby declared, defcribed or exprelTed to be Bankrupts, and againft his, her and their Lands, Tenements, Hereditaments, Fees, An- nuities, Offices, Goods, Chattels, Wares, Merchandize and Debts, in fuch Manner and Form as the fame ought and might have been, if the Perfons herein declared, defcribed or exprelTed to be Bankrupts, had been by the faid Statutes or either of them defcribed to be Bankrupts, to all Intents and Purpofes whatfoever. IV. And be it further enacSed by the Authority aforefaid. That the (ame Orders, Benefits and Reme- dies, which are and be provided and limited by this prefent Adl againft any Bankrupts, in or by this AA declared, defcribed or expreffed to be Bankrupts, or for or concerning his, her or their Lands, Tene- ments, Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandizes and Debts or any of them, or the Difcovery of them or any of them, fliall from henceforth be had, purfued, taken and expounded againft fuch Perfon and Perfons as are declared or expreffed to be Bankrupts by the faid former A<£ts of Parliament or either of them, and againft his, her and their Lands, Tenements^ Hereditaments, Fees, Annuities, Offices, Goods, Chattels, Wares, Merchandizes and Debts, in fuch Manner and Form as the fame ought and might have been, if the Perfons in the former Statutes or either of them defcribed to be Bankrupts, had been mentioned and defcribed to be Bankrupts in and by this prefent Adf. ' V. And whereas by the former Laws, the CommiffTioners appointed have Power t€> examine the ' Bankrupt hinifelf, and fuch Perfon or Perfons as are fufpedled to have or detain any of the Eftate, ' rupts Wives do daily conceal and convey away, and caufe to be conveyed away, much Part of their ' any but fuch Wives, by Reafon whereof much of the Bankrupt's Eftate is concealed and detained from ' the Creditors : VI. For clearing therefore the faid Doubt, and Avoiding the Inconveniences aforefaid. Be it declared and ena<51?ed by the Authority aforefaid. That after fuch Time as any Perfon (hall by the faid Commif- fioners executing the faid Commilfion, or the greater Part of them, be lawfully adjudged or declared to be a Bankrupt, the faid Commiffioners executing fuch Cpmmiflion (hall have Power and Authority to examine upon Oath the Wife and Wives of all and every fuch Bankrupt, for the finding out and Difcovery of the Eftate and Eftates, Goods and Chattels of fuch Bankrupt or Bankrupts, concealed, kept or difpofed of by fuch Wife or Wives, in their own Perfons, or by their own A61 or Meaiw, or by any otker Perfon or Perfons ; (2) and that (he and they, the faid Wife and Wives, fliall incur fuch Danger and Penalty for no:t coming before the faid Commiffioners, or for refiifing to be fworn and examined,, or for not difclofing the Truth upon her or "their Examination or Examinations, as in and by the faid , farmer Laws, or either of them is already made and provided againft Miy other Perfon or Perfons in ,' like Cafes. ,' VII. And be it further enacfted by the Authority aforefaid, That if any Bankrupt (hall upon his or her ,' Examination or ExaminatioriS, to be taken- before tli£, faid Commiffioners executing the faid Commif^ ; fion, j
 * Goods, or Chattels of the Bankrupts ; but fome Doubt hath been made, whether the Commiffioners
 * have Power to examine the Wives of the Bankrupts touching the fame, by Reafbn whereof the Bank-
 * Hufbands Monies, Wares, Goods, Merchandize and other Eftate, to Perfon or Perfons unknown to