Page:Ruffhead - The Statutes at Large - vol 3.djvu/155

 A, D. 1623. Anno vicefmio primo Jacob t 1. Gi iq. 107 fion, be found fraudulcnty or deceitfully to have conveyed away iiis or her Goods, Chattels, Lands, Te- orrtnirnh net nements, Offices, Fees, Rents or Annuities, or other Ellatj or any Part thereof, to the Value of twenty wITy*/." b?4m^" Pounds or above, to the End and Purpofe to hinder the Execution of this Statute or of any other the Bai.krupt,'fhaii aforefaid Statutes, or thereby to defraud, delay or hinder his or her Creditors of the fame, aid (hall not ''= '"•^^ upomhe upon his or her Examination difcover unto the faid Commilfioners, and (if it lie in his or her Power) cne^of hij'Earj*.'* deliver unto the faid CommifTioners all that Efta.tc, Goods and Chattels lo fraudulently and deceitfully conveyed away as aforefaid, or by him or her, his or her Means, kept and deuained from the faid Com- miffioners, or that cannot make it appear unto the faid Commiflloners, that he or flie hath fuftained fome cafualLois, whereby he or (he is difabled to pay what he or (he then owed, (hall or may be indicted for' fuch Fraud or Abule at the Aflizes or General Selfions to be holden before the Judges of Alfize, or Juftjces of the Peace of the County or Place where he or (he (hall become Bankrupt: (2) And if upon fudi Indidment or Indidtments the Bankrupt be thereof convi6ted, he or (he fo convicted (hall be fet upon the Pillory in fome publick Place for the Space of two Hours, and have one of his or her Ears nailed to the Pillory and cut off. ' .: . for the faid Commiffioners or the greater Part of them, or any other Perfon or Perfons, Officer or Officers, by them or the greater Part of them, to be deputed and appointed by their Warrant or War- • '' rants under their Hands and Seals, to break open the Houfe or Houfes, Chambers, Shops, Warehoufesi Doors, Trunks or Chefls of the faid Bankrupt, where the faid Bankrupt or any of his or her Goods ot Eftate fhall be or reputed to be, and to feize upon and order the Body, Goods, Chattels, Ready Money and otho- Eftate of fuch Bankrupt, as by the faid former Laws are limited and appointed, whether it be by Imprifonmentof his c«-her Body or otherwife, as to the faid CommifTioners or tiie greater Part of them fliall bethought meet. IX. And for the better Divifion and Diftribution of the Lands, Tenements, Hereditaments, Goods, The Bankrupt's Chattels and other Eftate of fuch Bankrupt to and amongft his or her Creditors; (2) Be it enaded. That ^fb"}* **'ij'^d the Commiflionei's, or the greateftPart of them, fliall and may examine upon Oath or by any other Ways notwifhftan/in'g or Means as to them fhall Teem meet, any Perfon or Perfons, for the finding out and Difcovery of the any judgment. Truth and Certainty of the feveral Debts due and owing to all fuch Creditor and Creditors as fhall feek Recognizance, Relief by fuch Courfe of CcHnmifTion to be fued forth as aforefaid: (3) And that all and every Creditor "' and Creditors having Security for his or their feveral Debts, by Judgment, Statute, Recognizance, Spe- cialty with Penalty or without Penalty, or other Security, or having no Security, or having made Attach- ments in Louden or any othtr Place, by Virtue of any Cuftom there ufed, of the Goods and Chattels of any fuch Bankrupt, whereof there is no Execution or Extent ferved and executed upon any tl^ Lands, Tenements, Hereditamerits, Goods, Chattels and other Eftate of fuch Bankrupts, before fuch Time as he or fhe fhall or do become Bankrupt, fhall not be relieved upon any fuch Judgment, Statute, Recog- nizance, Specialty, Attachments or other Security for any more than a ratable Part of their juft and due Debts, with the other Creditors of the faid Bankrupt, without RefpecSt to any fuch Penalty or greater Sum contained in any fuch Judgment, Statute, Recognizance, Specialty with Penalty, Attachment or other Security. X. And be it further enaded. That if it fhall happen, any the Lands, Tenements, Goods, Chattels, The Commiffio- I Debts or other Eftate of any Bankrupt, to be extended after fuch Time as he or fhe is become a Bank- "/g" when'^the rupt, by any Perfon or Perfons, under Colqiur or Pxetence of his or their being an Accountant, or any Bankrupt by I Way indebted unto our Sovereign Lord the King's Majefty, his Heirs or Succeflors, that then it fball be Fraud makes I lawful to and for the faid CommifTioners to examine upon Oath, whether the laid Debt were due to fuch co'un'taiu to the I Debtor or Accountant, upon any Bargain or Contract originally made betwixt fuch Accountant and the King. ' laid Bankrupt, the faid Debtor or Accountant and his or their Servants: (2) And if fuch Bargain or Con- ' for the Ufe and Truft of any other Perfon or Perfons, then it fhall and may be lawful to and for the faid ! Commiffioners or the greater Part of them, to order and difpofe of all fuch Lands, Ten«nez:its, He- ' reditaments. Goods, Chattels and Debts, fo extended as aforefaid, to and for the Ufe of the Creditors ' which fhall feek Relief by the faid Comraiffionj (3) and that the Order and Difpofition of the faid ' againft all Perfons claiming from, by or under the faid Extent ; (4) and that fuch Perfon and Perfons to J or affigned by the Commiffioners aforefaid or the greater Part of them, fhall have good Remedy to have, j demand and recover the feme againft fuch Perfon and Perfons who (hall detain the fame: (5) ' And for I ' that it often falls out, that many Perfons before they become Bankrupts, do convey their Goods to other ' ' Men upon good Confideration, yetftill do keep the fame, and are reputed the Owners thereof, and ' difpofe the fame as their own :' XI. Be it enadled, That if at any Time hereafter any Perfon or Perfons fhall become Bankrupt, and at Goods in the ' fuch Time as they (hall fo become Bankrupt fhall by the Coufent and Permiffion of the true Owner and of°t?iBTnk?u 'e ' Proprietary have in their PofTeffion, Order and Difpofition, any Goods or Chattels, whereof they fhall be are imTw pay j Ca:'e the faid Commiffioners or the greater Part of them fliall have Power to fell and difpofe the fame, to i^"'^''^"°'"S^"y i and for the Benefit of the Creditors which fliall feek Relief by the faid Com.miffion, as fully as any other To? Part of the Eftate of the Bankrupt : (2) And for the better Payment oif Debts and difcowraging Men to I becoine Eankrupts J, •.. , P a XII. Be
 * VIII. And for that fome Doubt is conceived, whether the CommifTioners in Cafe of Refiftance Jj"^* Comm.flio.
 * have Power by the fontier Laws to break open, or caufe to be broken open, the Houfe or Houfes o{ oleVthe sln)^-
 * fuch Bankrupts, which if they have not, the Remedies by the former Laws given will be to little Ef- rupt's Doors,
 * fed : (2) Be it therefore enadled. That in Execution of the faid CommifTion, it fhall be lawful to and ^'^•
 * tra(5t was originally made to and witlr any other Perfon or Perfons tlian the laid Debtor or Accountant, or
 * Commiffioners or the greater Part of them fhall be good and available againft the faid Extent, and
 * whom the faid Lands, Tenements, Goods and Chattels fo extended, fliall be bargained, fold, granted
 * reputed Owners, and take upon them the Sale, Alteration or Difpofition as Owners, that in every fuch hisDsbts, not-