Page:Ruffhead - The Statutes at Large - vol 3.djvu/61

 A. D. 1604. Amio fecundo [vulgopriiiio] Jacobi L C. 16. 15 Perfons of him, her or them, to whom it (hall be granted, afligned or ordered by the faid Commiflioners or the greater Part of them, as fully to all Intents and Purpofes as if the faid Bill, Bond, Bonds, Sta- tutes, Recognizances, Judgment or ContracSt, whereupon the faid Debt or Debt', Deed or Deeds (hall arife or grow, had been made to or with, or for the faid Perfon or Perfons to whom the fame (hall be fo granted, afligned or difpofed by the faid Commiflioners ; (4) and that after fuch Grant, Allignment or The Remedy Difpofition made of the faid Debts, that neither the Bankrupt, nor any other to whom any fuch Debt [°''recov?r'a'"' fliall be due, fliall have Power to recover the fame, nor to make any Releafe or Difcharge thereof; (5) Bankrupt's neither (hall the fame be attached as the Debt of the Bankrupt, or (uch faid other Perfon or Perfons to Debt amgr.ed to whom the fame- fhall be due, by any other Perfon or Perfons, according to the Cuftom of the City of c^mifflonem. ■J^ondon or otherwife, (,6] but that the Party or Parties to whom the fame Debt (hall be fo a(rigned, (hall have like Remedy to recover the fame, as fully and lawfully, in the Name or Names of the Perfon or Perfons to whom the fame (hall be fo granted, alTigned or ordered by the faid Commiflioners, in all Re- fpeits and Purpofes as the Party himfelf might have, had ; any Law, Statute, Ufe or Cuftom to the con- trary thereof in any wife notwithftanding. XIV. Provided always, That no Debtor of the Bankrupt be hereby endangered for the Payment of- his or her Debt truly and bona fide to any fuch Bankrupt, before fuch Time as he (hall underftand or know that he is become a Bankrupt. XV. Provided alfo, and be it further enaded. That fuch of the faid Commiflioners as (liall put the ^""^J jedaT/to ■ faid Commifllon in Execution, fhall upon lawful Requeft to them made by the faid Bankrupt, not only, he Bankrupt make a true Declaration to the faid Bankrupts, of the employing and beftowing of his, her or their (aid how ihey hsve Lands, Tenements and Hereditaments, Ofiices, Fees, Goods, Wares, Money, Chatties and Debts which Ltn^rand fliall be paid and fatisiied to their faid Creditors, as is in like Cafe limited or appointed by the faid former Goods. Statute made in the faid. thirteenth Year of the faid late Queen's Majefty's Reign, but alfo make Pay- ment of the Overplus of the fame, if any fuch (hall be, to the faid Bankrupts, tlieir Executors, Admi- niftrators and Afligns; (2) and that the faid Bankrupts, after the full Satisfaftion of the faid Creditors, Ihall have full Power and Authority to recover and receive the Refidue and Remainder of the Debts to them owing; any Thing in this K&. contained to the contrary in any wife notwithftanding. XVI. Be it further enadtedjThat if any A6tion of Trefpafs or other Suit (hall happen hereafter to be brought againft any Commiflioner authorized by the Statute made in Decimo tertio of our late Sovereign'^ ' • ''' Lady Queen Elizabeth, for Bankrupts, or any other other Perfon or Perfons having Authority by Virtue or under the CommilTion authorizing the faid Commiflioner for the doing or executing of any Matter by Force of the faid Statute, or this prefent Statute, That the Defendant or Defendants in any fuch A<5lion or Suit, may plead Not guilty,. (2) or otherwife juftify, That the A(ft or Thing whereof the Plaintiff or The Commiffi*)-- Plaintiffs complained, was done by the Authority of the faid A6t made in the thirteenth of Elizabeth, or-^'^^^.^ntrought-- in this prefent A<ft reipeflively, (3) without Exprefling or Rshearfal of any other Matter of Circum(lance againft them, contained in either of the faid Ads, and without enforcing him or them to fhew forth their CommifFion authorifing the faid Adt or Thing ; (4) whereunto the Plaintiff (hall be admitted to reply. That the De- fendant did the faid Fadl fuppofed in the Declaration, of his own Wrong, without any fuch Caufe al- ledged by the faid Defendant; whereupon the Iflue in fuch Adlion (hall be joined to be tried by Verdidl ef twelve Men; (5)' and upoi;i the Trial of that Iflue, the whole Matter to be given on both Parties in Evidence, according to the very Truth of the fame; (6) and if Verdid upon fuch Ifliie (hall pafs for the Defendant, the Defendant to have his Cofts.- XVII. Provided always, and be it further enacfted. That after any Commifllon of Bankrupts ^sr^-^g^haTi™™"' after fued forth, and dealt in. by the Commiflioners, the Offender happen to die before the Commif- "^Jj ,o'Exec°u'- fioners fhall diftribute the Goodsj Lands and Debts of the Offenders or any of them, by Force of the a- tion though the forefaid Statute of the thirteenth Year of the Reign of our late Sovereign Lady Queen Elizabeth and this |.^"^"^^^'j^,„,. Statute or either of them, That then neverthelefs the faid Commiffioners fhall and may in that Cafe pro- conccrning's'JnL ceed in Execution, in and' upon the faid Commiflion for and concerning the Offender's Goods, Lands, ra/iH, 13 & 1+ Tenements, Hereditaments and Debts, in fuch Sort as they might have done if the Party Offender were Ccr.i. c 14. living. 2ijac,i.c.i9j. j Geo. 2. c. 30. 7C?m. i. c 31. SGm,»,c. 30. (■wbhbUnntimcdby^iGeo.i. c, 35, »o »9 ^sffemifr 1764./ 19 G«, a. c. 31. andtnGeo.z. c. jys c A P. xvr. An A(5t concerning Wherrimen and Watermen;- ' P River of Thames between Windfir and Grave/end, have been put in great Hazard and Danger ?f ^'^her^riman' ' the Lofs of their Lives and Goods, and many Times have perifhed and been drowned in the faid ^^y ^^^^_ ' River, throu^ the Unfkilfulnefs and Want of Knowledge or Experience in the Wherrimen or Wa- His Age. lent Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affenibled, and by the Authority of the fame. That from henceforth no Wherriman or Waterman that now is, or that hereafter fhall be, and flnall row upon the faid River of Thames, and fhall tranfport or carry any Paf- fengers or Goods in any Wherries, Tiltboats or Barges, (other than Weftern Barges, Milboats, and all other Veffels ordinarily ferving for other Ufes than the Carrying of Paffengers) fhall retain or take any Servant or Apprentice to ferve him as a Waterman upon the faid River, unlefs the faid Wherriman or
 * in^Grafniuch as it hath often happened, that divers and fundry People paffing by Water upon thiswhat Appi^n-
 * termen, that did tranfport or carry them and their faid Goods from Place to Place upon the faid River^^ &■, pu.' &M,
 * in Wherries, Tiltboats and Barges: (2) And for that hitherto there hath not been any fufRcient Pio-g_ jg,
 * vifion had and made for Remedy herein'; Be it now enadted and eftabliflied by the King's moft excel-
 * ^ Water-