Page:Ruffhead - The Statutes at Large - vol 6.djvu/161

 A. D. 1732. Anno quinto Georgii II. C. 30. 99 Affignees, or fome Pcrfon to be appointed by fuch Affignee or Affignees for that Purpofe, and to take and bring' with him, her or them, for his, her or their Affiftance, fuch Perfons a;; he, (lie or they (hall think fit not exceeding two Perfons at any one Time, and to make out fuch Extracts and Copies from thence as he, (he or they (hall think fit, the better to enable him, her and them to make a full and true Difcov'ery and Difclofure of his, her or their Eftate and Effects ; and in order thereto the (aid Bankrupt or Bankrupts (hall be free from ail Arrefts, Reftraint or Imprifonment of any of his, her or their Credi- and be free from tors in coming to furrender, and from the actual Surrender of fuch Bankrupt to the- faid Commiflioners, p u ! > i, T11 .', for and during the faid forty-two Days, or fuch further Time as fhall be allowed to fuch Bankrupt or not in Cuftody Bankrupts, for ri.ifhing his, her or their Examinations as aforefaid, provided fuch Bankrupt was not in before. Cuftody at the Time or fuch Surrender and Submiflion to be examined ; and in cafe fuch Bankrupt (hall be arrefted for Debt, or on any Efcape Warrant, coming to furrender him or herfclf to the faid Comivul- fioners, or after his or her Surrender (hall be fo arrefted within the Time before-mentioned, that then, on producing fuch Summons or Notice under the Hands of the faid Commiiiioners, Alfignee or Af- lignees, to the Officer who fhall arreft him, her or them, and making it appear to fuch Officer, that fuch Notice or Summons is figned by the faid Commiflioners, or the major Part of them, or fuch Affignee or Affignees, and giving fuch Officer a Copy thereof, fhall be immediately difcharged. And in Penalty on Offi- cafe any Officerthall detain fuch Bankrupt or Bankrupts (after he, (he or they (hall have thewn fuch cet detaining Notice or Summons to him, and made it appear it was figned as aforefaid) in his Cuftody, fuch Officer Eankru P ts - fhall forfeit and pay to fuch Bankrupt, for his own Ufe, the Sum of five Pounds for every Day fuch Officer (hall detain fuch Bankrupt, to be recovered by Action of Debt in any of his Majefty's Courts of Record at JVeJiminfter, in the Name or Names of fuch Bankrupt or Bankrupts, with full Cofts of Suit. VI. Provided always, and be it further enacted, That in cafe any Bankrupt be in Prifon or in Cuftody Bankrupts in at the Time of iffuing of the faid Commiifion as aforefaid, and is willing to furrender and fubmit to be Cuftody to be examined according to the Directions of this Act, and can be brought before the faid Commiiiioners and commiflioners Creditors for that Purpofe, the Expence thereof fhall be paid out of the faid Bankrupt's Eftate and Ef- at the Creditor* fects : But in cafe fuch Bankrupt is in Execution, or cannot be brought before the Commiflioners, that ?*xpence j . then the acting Commiiiioners fhall from Time to Time attend the faid Bankrupt in Prifon or Cuftody, commiflioners ' and take his or her Difcovery, as in other Cafes ; and the Affignees of the faid Eftate fhall have Power, to attend them and are hereby required to appoint one or more Perfons to attend fuch Bankrupt, being in Prifon or lnPnfon - in Cuftody as aforefaid, from Time to Time, and to produce to him or her, his or her Books, Papers and Writings, in order to prepare his or her laft Difcovery and Examination according to the Directions before-mentioned ; a Copy whereof the Affignees of the- faid Eftate (hall apply for, and the faid Bankrupt lhall deliver to them or their Order, ten Days at leaft before fuch laft Examination. VII. And be it further enacted by the Authority aforefaid, That all and every Perfon and Perfons ^ ,1< ™„ nc ts e to fo become or to become Bankrupts as aforefaid, who (hall within the Time limited by this Act, furrender an rup -" him, her or them elves to the acting Commiflioners named and authorized in or by any Commiifion of Bankrupt awarded or to be awarded againft him, her or them, and in all Things conform, as in and by this Act is directed, fhall be allowed the Sum of five Pounds per Centum out of the neat Produce of all the Eftate that fhall be recovered in and received ; which (hall be paid unto him, her or them by the Af- iisnee or Affignees of the faid Commiflioners, in cafe the neat Produce of the faid Eftate, after fuch Allowance made, lhall be fufficient to pay the Creditors of the faid Bankrupt, who have proved their Debts under the faid Commiifion, the Sum of ten Shillings in the Pound, and fo as the faid five Pounds per Centum fhall not amount in the whole to above the Sum of two hundred Pounds. And in cafe the neat Produce of the faid Eftate lhall, over and above the Allowance hereafter mentioned, be fufficient to pay the faid Creditors the Sum of twelve Shillings and fix Pence in the Pound for their refpective Debts, that then all and every Perfon or Perfons fo conforming (hall be allowed the Sum of feven Pounds ten Shillings per Centum out of fuch neat Produce, to be paid by fuch Affignee or Affignees, fo as fuch feven Pounds ten Shillings per Centum fhall not amount in the whole to above the Sum of two hundred and fifty Pounds. And in cafe the neat Produce of the faid Eftate fhall, over and above the Al- lowance hereafter made, be fufficient to pay the faid Creditors the Sum of fifteen Shillings in' the Pound for their refpective Debts, that then all and every fuch Perfon and Perfons fo conforming (hall be allowed the Sum of ten Pounds per Centum out of fuch neat Produce, to be paid by the Affignee or Affignees, fo as fujh ten Pounds per Centum fhall not amount in the whole to above the Sum of three hundred Pounds ; and eyery fuch Bankrupt fhall be difcharged from all Debts by him, her or them due or owing at the ^nkrupts dif- Time that he, fhe or they did become Bankrupt. And in cafe .any fuch Bankrupt (hall afterwards be ™m Debu," .• anefted, profecuted or impleaded for any Debt due before fuch Time as he, the or they became Bankrupt, fuch Bankrupt fhall be difcharged upon common Bail, and lhall and may plead in general, that the Caufe of fuch Action or Suit did accrue before fuch Time as he, fhe or they became Bankrupts, and may give this Act and the fpecial Matter in Evidence ; and the Certificate of fuch Bankrupt's conforming, and the Allowance thereof according to the Directions of this Act, fhall be and lhall be allowed to be fufficient Evidence of the Trading, Bankruptcy,. Commiifion and other. Proceedings pre- cedent to the obtaining fuch Certificate, and a Verdict lhall thereupon pafs for the Defendant, uniefs the Plaintiff in fuch Action can prove the faid Certificate was obtained unfairly and by Fraud, or uniefs the Plaintiff in fuch Action can make appear any Concealment by' fuch Bankrupt to the Value often Pounds; and if a Verdict pals for the Defendant, or the Plaintiff fhall become nonfuited, or judgment be given againft the Plaintiff, the Defendant lhall recover his full Cofts. _ . Bankrupts Al- VIII. Provided always, and it is hereby declared- and enacted by the Authority afpfefaidj That if lowance if the the neat Proceed of fuch Bankrupt's Eftate fo to be difcovered, recovered and received, together with^^f™^""^ O Z whai Pound,