Page:Ruffhead - The Statutes at Large - vol 6.djvu/160

 98 C. 30. Anno quinto Georgii II. A. D. 1732. conforming to the Statutes, or embezzling Goods to theVa- Number and Li mitation of Sit- tings, appointed for fuch People, by and before fuch Commiffioners, or the major Part of them, by fuch Com- miffion authorized, and in all Things conform to the feveral Statutes already made and now in Force concerning Bankrupts ; and alfo upon fuch his, her or their Examination fully and truly difclofe and difcover all his, her or their Effects and Eftate real and perfonal, and how and in what Manner, to whom, and upon what Confideration, and at what Time or Times he, fhe or they have or hath difpofed of, af- figned or transferred any of his, her or their Goods, Wares, Merchandizes, Monies or other Eftate and Effects (and all Books, Papers and Writings relating thereunto) of which he, lhe or they was or were poffeffed, or in or to which he, lhe or they was or were any ways interested or intitled, or which any Perfon or Perfons had, or hath or have had in Truft for him, her or them, or for his, her or their Ufe, at any Time before or after the Iffuing of the faid Commiffion, or whereby fuch Perfon or Perfons, or his, her or their Family or Families, hath or have, or may have or expect any Profit, Poffibility of Profit, Benefit or Advantage whatfoever, except only fuch Part of his, her, or their Eftate and Ef- fects, as fhall have been really and bona fide before fold or difpofed of in the way of his, her or their Trade and Dealings ; and except fuch Sums of Money as fhall have been laid out in the ordinary Ex- pence of his, her or their Family or Families ; and alfo upon fuch Examination deliver up unto the faid Commiffioners by the faid Commiffion authorized, or the major Part cf them, all fuch Part of his, her or their the faid Bankrupts Goods, Wares, Merchandizes, Money, Eftate and Effects, and all Books, Papers and Writings relating thereunto, as at the Time of fuch Examination fhall be in his, her or their Poifeffion, Cuftody or Power (his, her or their neceffary Wearing Apparel and the neceffary Wearing Apparel of the Wife and Children of fuch Bankrupt only excepted) then he, fhe or they the faid Bank- rupt or Bankrupts, in cafe of any Default and wilful Omiffion in not furrendring and fubmitting to _ be examined as aforefaid, or in cafe he, fhe or they fhall remove, conceal or embezzle any Part of lue of aohguMy fuch his, her or their Eftate real or perfonal, to the Value of twenty Pounds, or any Books of Ac- of Felony. count, Papers or Writings relating thereto, with an Intent to defraud his, her or their Creditors (and being thereof lawfully convicted by Judgment or Information) fhall be deemed and adjudged to be guilty of Felony, and fhall fuffer as Felons without Benefit of Clergy, or the Benefit of any Statute Goods of Bank- made in relation to Felons ; and in fuch Cafes fuch Felon's Goods and Eftate fhall go and be di- rupts condem- vided among the Creditors feeking Relief under fuch Commiffion} any Law, Ufage or Cuitom to the Creditors. e contrary thereof in any wife notwithftanding. II. Provided always, and be it enacted by the Authority aforefaid, That the faid Commiffioners, au- thorized as aforefaid, fhall appoint within the faid forty-two Days fo appointed as aforefaid for the Bank- rupt to furrender and conform as aforefaid, not lefs than three feveral Meetings for the Purpofes afore- faid, the laft of which fhall be on the forty-fecond Day hereby limited for fuch Bankrupt's Appearance} except on Commiffions already iffued fince the faid fourteenth Day of May one thoufand kven hundred and twenty-nine, where the Perfon or Perfons againft whom fuch Commiffion iffued has or have be- fore furrendered and fubmitted to be examined ; in which Cafe the faid Commiffioners autho ized as aforefaid, fhall appoint only one Sitting more for the Purpofes aforefaid, unlefs the Affignee or Af- fignees of the Eftate of fuch Bankrupt fhall think more Sittings neceffary, and defire the fame, and three_ Weeks Notice at leaft fhall be given in the London Gazette of the Time and Place of fuch Meetings. Lord Chancellor III. Provided always, and it is hereby declared and enacted by the Authority aforefaid, That it fhall Tim/fSfifrr'!! 6 an ^ ma y k £ lawful to and for the Lord Chancellor or Lord Keeper, or Commiffioners for the Cuftody of "" the Great Seal of Great Britain for the Time being, to enlarge the Time for fuch Perfon or Perfons fur- rendring him, her or themfelves, and difclofmg and difcovering his, her or their Eftate and Effects as aforefaid, as the faid Lord Chancellor, Lord Keeper or fuch Commiffioners fhall think fit, not exceeding fifty Days, to be computed from the End of the faid forty-two D a Y s ? f° as f ucn Order for enlarging the Time be made by the faid Lord Chancellor, Lord Keeper or fuch Commiffioners fix Days at leaft be- fore the Time on which fuch Perfon or Perfons was or were fo to furrender him, her or themfelves, and,- make fuch Difcovery as aforefaid. Rooks of Ac- IV. And be it further enacted by the Authority aforefaid, That every fuch Bankrupt or Bankrupts as veTd to theAfl aforefaid, after any Affignee or Affignees of his, her or their Eftate and Effects fhall be chofen and ap- lignees on Oath, pointed, as herein after mentioned, fhall be and is and are hereby required forthwith to deliver up upon Oath, or (one of the People called ghiahrs) upon folemn Affirmation before one of the Mafters of the High Court of Chancery, or before any Juftice of the Peace wkhin his refpective Jurifdiction, which Oath or Affirmation they are hereby impowered to adminifter, unto fuch Affignee or Affignees all his, her or their Books of Accounts, Papers and Writings not feized by the Meffenger of the faid Commiffion, or not before delivered up to the Commiffioners, or the major Part of them, and then in his, her or their Cuftody or Power, and difcover fuch as are in the Cuftody or Power of any other Perfon or Perfons, that any ways relate to or concern his, her, or their Eftate or Effects ; and all and every fuch Bankrupt or • Bankrupts, not in Prifon or Cuftody, fhall at all Times after fuch Surrender as aforefaid be at Liberty^ and is and are hereby required to attend fuch Affignee or Affignees upon every reafonable Notice in Writing for that Purpofe given by fuch Affignee or Affignees unto fuch Bankrupt or Bankrupts, or left for him, her or them at his, her or their Houfe or Place of Abode, in order to affift, and fhall affift fuch Affignee or Affignees in making out the Accounts of the faid Bankrupt's Eftate and Effeas. V. And be it further enacted by the Authority aforefaid, That all and every Bankrupt or Bankrupts having furrendred as aforefaid fhall, at all feafonable Times before the Expiration of the faid forty-two Days, or fuch further Time as (hall be allowed to fuch Bankrupts to finifh his, her or their Examination, be at Liberty to infpect his, her or their Books, Papers and Writings, in the Prefence of fuch Affignee or Affignees, Time for furren dring. Bankrupt to at tend Affignees, infpeft Ac- counts,