Page:Ruffhead - The Statutes at Large - vol 3.djvu/60

 fuch as have Bankrupts Goods, or be indebted unto them. not appear, or not fwear to anfwer to In- terrogatories. 5 Mod. 309, 12 G. 15. Anno fecundo[vulgoprrmo] Jacobi I. A. D. t6o4v ' Offenders, to be examined by the faid Commiffioners, as by the fame Statute appeareth, but have not ' good Means or Remedy by Imprifonment or other Penalty, to procure the Perfon fo lent for by them ' rogatories as (hall be miniftred unto him by the faid Commiffioners, for and upon the Specialty, Cer- ' ployed to the Satisfa6lion of the Creditors of the Offender or Offenders,, are concealed or detained in .' the Hands of fuch Perfon and Perfons as refufe to come, or being come refufe to be fworn, before the ' their wicked Confederates and Acceffories, and to the great Hindrance of the juft Remedies of the Cre- ' ditors of the faid Bankrupts, for their true and juft Debts to them owing:' (3) For Remedy whereof, Examination of be it further enatSted by the Authority aforefaid. That if any Perfon or Perfons being. known,, fuppofed- or fufpecfted to have or detain any Part of the Lands, Tenements or Hereditaments,. Goods, Chattels or Debts of the faid Bankrupt, or to be indebted to or for the Benefit of the faid Bankrupt, (hall after lawful Warning to the faid Perfon or Perfons given, to come before the faid Commiffioners or the greater Part of them, to be examined according to the Intent of the faid Statute, refufe to come, or fliall not come be- fore the faid Commiffioners at the Time appointed, having no lawful Impediment (fuch as fhall be ad- mitted and allowed of by the faid Commiffioners or the more Part of them, and which fhall be then fig-- ThePanilhmentnified or made known to the faid Commiffioners at the Time of their Afiemblyjj (4.} or that any fuch- of fuch as will Perfon or Perfons, having Knowledge or Warning of any other Affembly or Meeting of the faid Com- miffioners again, fhall not come and appear before them at fuch Time as he or fhe lawfully may come, having no fuch lawful Impediment as Ihall be then made known to the faid Commiffioners, and by them admitted and allowed of, as aforefaid ; ( 5 J or being come before them fhall refufe to be fworn, and to make Anfwer to fuch Interrogatories as fhall be miniftred unto him or them, according to the true Intent and Meaning of the faid Statute made in the faid thirteenth Year of the Reign of our faid late Sovereign Lady Queen Elizabeth,, or of this prefent Adii (6) tl>at then it {hall be lawful for the faid Commiffioners, . .or for the greater Part of them, to commit to fuch Ward and Prifon, as to them or to the greater Part of them fhalf be thought meet, all fuch Perfon and Perfons as fhall fo refufe to be fworn, and make Anfwer to fuch Interrogatories as ftiall befo miniftred as aforefaid, (7) and alfo to diredl their Warrants to fuch Perfon or Perfons as to them or the greater Part of them ftiall be thought meet, to apprehend and arreft fuch Perfon or Perfons as fhall refufe to come and appear before them, as aforefaid, and to bring him, her or them before the faid Commiffioners, or the greater Part of them, to be examined as abovefaid,, ( 8) and upon his, her or their Refufal to come, or to be examined before the faid Commiffioners as aforefaid, to commit the faid Party fo refufing, to fuch Prifon as the faid Commiffioners, or the greater Part of them, fhall think meet, there to remain without Bail or Mainprize, until fuch Time as the laid Perfon fo refufing. to come, or to be fworn to anfwer before the faid Commiffioners, fhall fubmit him or her felf to the faid Commiffioners, and be by thein examined, according to the true Intent of the faid Statute and of this prefent A<51. XL Provided always, That fuch Witneffes is fhall fo be fent for, fhall have fuch Cofts and Charges as the Commiffioners in their Difcretion fhall think fit ; the fame Charges to be rateably born by the Cre- ditors of the faid Bankrupt, according to the Proportion of each of their feveral Debts : (2-) And if any Perfon or Perfons, other than the Bankrupt, either by Subornation, unlawful Procurement, finifter Per- fwafion, or Means of any others, or by his own Adt, Confent or Agreement, fhall wilfiilly and corruptly commit any manner of wilfiil Perjury by his Depofition to be taken before the faid Commiffioners, or the greater Part of them^ as aforefaid; that then the Party or Parties fo offending, and all and every Perfon and Perfons that fhall unlawfully and corruptly procure any fuch unlawful, wilful and corrupt Perjury, fhall or may tlierefore be indicted in any of the King's Majefty's Courts of Record, (3} and after his or their Conviction thereof, fhall incur fuch Forfeiture, and receive and fuffer fuch Pains and Punifhment, as are limited by the Statute made concerning Perjury in the fifth Year of the Reign of our late Sovereign Lady Queen Elizabeth. XII. And be it further enadled. That all and every Sum and Sums of Money which fhall be forfeited by Force of this prefent Adt, fhall be fued for and recovered by the faid Creditors only, or any of them tures, and how tjiat will fue for the fame, by Affion of Debt, Bill, Plaint or Information, in any of the King's Majefty's they (hall impioy Courts of Record; and the Sum or Sums of Money fo recovered, the Charges of Suit being deduded, XIII. ' And for that the Power and Authority given to the Commiffioners of Bankrupts touching the ' Debts due to the faid Bankrupts, is not fo full and perfefl, as that the full Benefit thereof in due Courfe might be employed to the Ufe of the faid Creditors, as was intended'; (2) For Remedy tliereof, be it further enabled by the Authority aforefaid. That the Commiffioners of Bankrupts, or the geater Part of them, fhall have Power to grant and affign, or otherwife to order or difpofe all or any of the Debts due or to be due to or for the Benefit of the faid Bankrupt, by what Perfon or Perfons foever, or in what Manner and Form foever, to the Ufe of the Creditors of the faid Bankrupt, according to the true Intent of the faid former recited Statute of Bankrupts; (3) and that the fame Grant, Affignment or Difpofition of the faid Debts, in Form aforefaid to be made by the faid Commiffioners, or the greater Part of them, fliiall fo veft the Property, Right and Intereft of the faid Debt and Debts, in the Perfon or Perfons ■Witneffes al- lowed their Cofts. The Penalty of others befide the Bankrupt committing Perjury. 5 Eliz. c. g. Who (hall reco. ver the Forfei- The Authority pf Commiffio- ners touching Debts due to a Bankrupt. a Salk. loS,
 * Goods, Chattels or Debts of tlie fald Offender or Offenders, or to be indebted to the faid Offender or
 * to appear before them, nor having appeared before them, to make Anfwer upon his Oath to fuch Inter-
 * tainty, true Declaration and Knowledge of fuch Lands, Tenements, Hereditaments, Goods, Debts or
 * other-Things, of any fuch Offender or Offenders, as be or fhall be, or which fhall be fufpecfted to be,
 * in his Cuftody, Ufe or Pofleffion, or in the Cuftody, Ufe or Poffeffion of any other to his Knowledge,
 * and of all Debts owing to or for the Benefit of fuch Offender or Offenders, by himfelf or by any other
 * to his Knowledge; (2) fo as many Times a great Part of the Offender or Offenders Lands, Tenements,
 * Hereditaments, Goods, Chattels or Debts, which by the true Intent of the faid Statute Ihouldljeem-
 * faid Commiffioners, to be examined in that Behalf, to the great Encouragement of all Bankrupts and
 * ""■ fliall be diftributed and divided towards the Payment of the faid Creditors of the Bankrupt.