Page:Ruffhead - The Statutes at Large - vol 3.djvu/59

 A. D. 1604. Annoleci!indo[fulg6'p:til1ao}jAe6!B^ f'. €.15; H his, her or their Lands, Tenements, Here3ltarrients, Fees, Anhifitfes; Offices, Gooas, (3iattels, Wares, T!ankiuptsi,y Merchandizes and Debts, or any of them, lha!l be had, purfued, taken and expounded againil fuch Per- J'^^^"""* "' fon and Perfonsthat are herein exprefled tO be Bankrupts, his, her and their Lands, Tertements, Here-iBulftr.ze!' ditaments, Fees, Anniities, Offices, Goods, Chattels, Wares, Merchandizes and Debts, in fuch like Manner and Form as the fame ought or might have been, if the Perfons herein defctibed to be Bankrupts had been defcribed to be Bankrupts according to the Intent of the faid former Statute. IV, And that it (hall be lawful'forany of the Creditors of the faid Bankrupt within four Months after New Cre^lifors any fuch Commiffion fliail be fued forth, and until Diftribution ihall he made by the faid Comrailhoners JJ^'"'"'"="*"'« for the Payment of the Bankrupt's Debt, as in fuch Cafe hath beenufed, to partake and join with the Hob"!"??"' ■other Creditors that (liall fue forth any fuch Commiffion, for Satisfadi^ion and Payment of his, her or their Hutt, 37,' 4*. Debts, to him or them owing, without any Hindrance, Let or Diflurbance of any of the fame Commif- fioners, or of any of the other Creditors of any fuch Bankrupts, the fame Creditors fo coming in, to con- tribute to the Charges of the faid Commiffion; (2) and that if the Creditors come not in within. four Months, then the Commiffioners to have Power to diftribute. ', ■ V. Be it further enaifed, That if any Perfon which hereafter is or fliall be a Bankrupt by Intent of this A Bankrupt Statute, ftiall convey, or procure or caufe to be conveyed, to any of his Children or other Perfon or Per- L'^"'|J^>'"'Kh'5 fons, any Manors, Lands, Tenements, Hereditaments, Offices, Fees, Annuities, Leafes, Goods, Chat- to'otiier-i, 0° ' tels, or transfer his Debts into other Mens Names ; (z) except the fame fhall be purchafed, conveyed or'ranifeiring transferred for or upon Marriage of any of his or her Children, botlr the Parties married being of the ^{^^'1^^'"'° Years of Confent, or fome valuable Confideration, (3 ) (hall be in the Power and Authority of the Com- Name';, fiiiffioners on this Behalf to be appointed, or the more Part of them, to bargain, fell, grant, convey, dc- Stile i83. itiife, or otherwife to difpofe thereof, in as ample Manner as if the faid Bankrupt had been adually (eized or poiTeffied thereof, or the Debts were in his own Name, of the like Eftate or Intereft to his or their own Ufe, at fuch Time as he or (he became Bankrupt : (4) And that every fuch Grant, Bargain, Sale, Ccn- veyance and Difpofition of the faid Commiffioners, or of the greater Part of them, (hall be good and available to all Intents, Confirudtions and Purpofes in the Law, againfl: the Offender or Offenders, his Heirs, Executors, Adminiftrators and Affigns, and fuch Children and Perfons as (liall be fubjedl to this Statute, and agaihft all other Perfon and Perfons claiming by, from or undei- fuch Offender or Offenders, or fuch faid other Perfons, to ^hom fuch Conveyance (hall be made by the faid Bankrupt, or by his Means or Procurement. ' VI. And for that the PraSices of Bankrupts of late are fo feci-et arid fo fubtil, as that they can very ' Commiffioners to examine others than the Bankrupts, hath not fully or fufficiently authorized them to rity of this prefent Parliament, That the faid CommiffioiierS may call before them, or the greater Part^J^^Hf^-^^^^l^^^- pfthem, the faid Bankrupt; (4)., and, if upon lawful. Warning left or made ih Writing at three feveral fliaii be pm- Times at thepwelling-place oJrHoufe where the' faid' Bankrupt, his Wife or Family, for the mofi: part of i^'aimed a Bank- his Abode, did lodge Or remain within.one Year next before lie, file or thej^ became Bankrupt, the faid™^'' Bankrupt Ihall not appear be'fore the (aid Coihrniffioiiers, or the greater Part of them ; that then and from thenceforth it flrall be lawful fdr the greater Number of the laid CbmmilTroners td appoint to proclaim the faid Party a Bankrupt, at fuch piiblick Place or Places where the faid Commiirioners or the greater Part of them fliall til ink meet, Warriiiig him, her or them-, to appear beforethehiupon the faidGommiffion at fome Time appointed ; (5) and that if upon five, feveral Proclamations made in fome publick Place, the '^^.J^^"^''"?^ ^P- I'arty-offending appear not before the faid Commiffioners, arid yield his, her or their Bodies' to t:hem orfomevvhich"up''/n of them, the faid CoiTimiffioners, or the greater Part of them, (hall or' may awai'd a Warrant to fiieh fit Warning r-e- Perfon or Perfons ,as they think meet,, to apprehend the Body and Bodies, of the faid Offender and Oi-^^J^^'^ '° "P" fdnders, and to bring him, her or them fo o'ffending, before the faid Comtiiiffioners, wherefoever the laid Party or Parties offending may be found, in Place privileged or not, td be examined by the faid Commif- fioners or the greater Part of them. VII. And that it (hall be lawful for the faid Cdmiiiiffioners, or the' greater Part of them, to examine the J'^e Examina- faid Offender or Offenders, upon fuch Interrogatories touching the Lands, Tenements, Goods, Chat-,'.'°"*^'^^^^"'*" tels. Debts, Bills, Bonds, Books of Account, and fuch other Things, as may tend to difclofe his, her or their Eftate, or their fecret Grants, Conveyances, and eloining of liis, her or their Lands, Tenethehts,' Goods, Money and Debts, as they (hall think meet. * ' VIII. And that if therein the Offender gr Offenders (hall refufe to be examined or to anfwer fully to A Bankrupt re- every Interrogatory to him to be miniftred by the faid Commiffioners, or the greater Part of them, it fliall [J^^'J'^ '" ^°" be lawful for tiie faid Commiffioners, or the greater Part of them, to commit the faid Offender or Offenders . fo fome ftrait or clofe Imprifonment, there to remain until he, (he or they (hall better conform him or herfelf. iX. And that if upon his, her or their Examination, it fliall appear that he, (he or they have com- The Punim- initted any wilful or corrupt Perjury, tending to the Hurt or Damage of the Creditors of the faid Bank- J^®"'c°[jf ^'"j^" fupt, to the Value of ten rounds of lawful Money of Efigknd, or above, the Party fo offending (hall or Pe^juiy?""'"'"^ may thereof be indidlied in any of the King's iVIajefty's Courts of Record, and being laWftilly convided thereof (hall (land upon the Pillory in fome publick Place by the Space of two Hours, and have one of his Ears nailed to the Pillory and cut off. ' X. And whereas by the former Statute made in the faid thirteenth Year of the Reign of the late Queen 13 El. c, 7. C 2 . ' Goods
 * hardly be found out or brought to Light; (2) and for that the former Statute, giving Power to the
 * examine the faid Bankrupt upon Oath : ' ( 3 ) For Remedy whereof, be it further' enadted by the Autho- T" wiiaf Cafb he
 * Elizabeth, the Commiffioners for Bankrupts have Power given to them to fend for (iirh Perfon or Per-
 * ' fons as the Creditors (hall know, fuppofe or fufpedt to have, detain or keep any Part of the Money,