Page:Ruffhead - The Statutes at Large - vol 6.djvu/164

 102 C. 30. Anno quinto Georgii II. A. D. 1732. Perfons not an- fwering Inter- rogatories of Commiliioners, to be imprifon- ed, to be particular- ly fpecitied in the Warrant. If Habeas Cor- pus be brought on fuch Com- mitment, the Judge may recommit the Prifoner. Penalty on Gaoler for Efc^pe 500 1. Penalty on Gaoler refufing to produce his Prifoner. Allowance to Perfons making Difcovery of Bankrupts Eftate. Penalty, on Per- ion-- concealing Eiftfts in Truft. of all and every fuch Bankrupt and Bankrupts, and any Act or Acts of Bankruptcy ■committed, by him, her or them, and alio to take down or reduce into Writing the Anfwers of Verbal Examinations of every fuch Bankrupt or other Perfon, had or taken before them as aforefaid ; which Examination fo taken down or reduced into Writing, the Party examined (hall and is hereby required to fign and fub- fcribe : And in cafe any fuch Bankrupt or Bankrupts, or other Perfon or Perfons, mall refufe to anfvver, or. (hall not fully anfwer to the Satisfaction of the Cornmiffioners, or the major Part of them, all lawful Queftions put to him, her or them, by the faid Commiffioners, or the major Part of them, as well by Word of Mouth, as by Interrogatories in Writing, or ihall refufe to fign and fubfcribe his, her or their Examination fo taken down or reduced into Writing as aforefaid (not having a reafonable Objection either to the wording thereof or otherwife, to be allowed by the (aid Commiffioners) it (hall and may be lawful to and for the faid Commiffioners, or the major Part of them, by Warrant under their Hands and Seals, to commit him, her or them to fuch Prifon, as the faid Commiffioners, or the major Part of them, (hall think fit, there to remain without Bail or Mainprize, until fuch Time as fuch Perfon or Perfons (hall fubmit him, her or themfelves to the faid Commiffioners, and full Anfwer make to the .Satisfaction. of the faid Commiffioners to all fuch Queftions as (hall be put to him, her or them as aforefaid, and fign and fubfcribe fuch Examination as aforefaid, according to the true Intent and Mean- ing of this Act. XVII. Provided always, That in cafe any Perfon or Perfons (hall be committed by the faid Com- miffioners for refufing to anfwer, or not fully anfwering any Queftion or Queftions put to him, her or them, by the faid Commiffioners by Word of Mouth, or on Interrogatories, that the faid Commiffioners (hall, in their Warrant of Commitment, fpecify fuch Queftion or Queftions. XVIII. Provided alio, That in cafe any Perfon or Perfons committed by the Commiffioners Warrant, by Virtue of this or any other Acts now in Force concerning Bankrupts, ihall bring any Habeas Carpus in order to be difcharged from any fuch Commitment, and on the Return of any fuch Habeas Corpus^ there (hall appear any fuch Infufficiency whatsoever in the Form of the Warrant, whereby fuch Perfon was committed, by reafon whereof the Party might be difcharged of fuch Commitment; that then it (hall and may be lawful for the Court or Judge, before whom fuch Party (hall be fo brought by Habeas Corpus as aforefaid, and fuch Court or Judge (hall, and is hereby required, by Rule, Order or War- rant, to commit fuch Perfon or Perfons to the fame Prifon, there to remain as aforefaid, until he, (he or they (hall conform as aforefaid, unlefs it (hall be made appear to fuch Court or Judge by the Party committed, that he, (lie or they have fully anfwered all lawful Queftions put to him, her or them by the faid Commiffioners ; or in cafe fuch Perfon was committed for not figning his, her or their Exami- nation, unlefs it (hall appear to fuch Court or Judge, that the Party fo com 'rutted, had a good and fuffi- cient Reafon for refufing. to fign the fame : And in cafe any Gaoler or Keeper of any Prifon, to whom any fuch Bankrupt or Bankrupts, Perfon or Perfons (hall be fo committed as aforefaid, ihall wilfully naffer fuch Bankrupt or Bankrupts, Perfon or Perfons, to efcape from fuch Prifon, or to go without the Walls or Doors of the faid Prifon, until he, (he or they (hall be duly difcharged as aforefaid, fuch Gaoler or Keeper (hall for fuch his Offence, being duly convicted by Indictment or Information, forfeit rive hundred Pounds of lawful Money of Great Britain for the Ufe of the Creditors of fuch Bankrupt or Bankrupts. XIX. And be it further enacted, That the Gaoler or Keeper of fuch Prifon as aforefaid, (hall upon Requeft of any Perfon or Perfons, being a Creditor or Creditors of fuch Bankrupt, and having proved his, her or their Debt, under the faid Commiffion, and producing a Certificate thereof under the Hands of the faid Commiffioners, or -the major Part of them, (which fuch Commiffioners are hereby required Creditor or Creditors requeuing the fame : And in cafe fuch Gaoler or Keeper of fuch Prifon (hall re- fufe to (hew, or (hall not forthwith produce fuch Perfon or Perfons fo committed as afortfaid, and being in his actual Cuftody at the Time of fuch Requeft, to fuch Creditor or Creditors of fuch Bankrupt, requeuing to foe fuch Perfon or Perfons committed as aforefaid, fuch Gaoler and Keeper of fuch Prifon (hail forreit for fuch his wilful Refufal or Neglect the Sura of one hundred Pounds of lawful Money t>f Great Britain., for the Ufe of the Creditors of fuch Bankrupt or Bankrupts, to be recovered by A&ion of Debt in any of his Majefty's Courts of Record at Wcjlwinjler, in the Name or Names of the Cre- ditor or Creditors requeuing fuch Sight of fuch Prifoner. XX. And be it further enaited by the Authority aforefaid, That all and every Perfon and Perfons, who (hall at any Time after the Time allowed to fuch Bankrupt 'to furrender and conform as aforefaid, voluntarily come and make Difcovery of any Part of fuch Bankrupt's Eftate not before come to the Knowledge of the Affignees, either to the faid Aifignees, or to the laid Commiffioners authorized as aforefaid, or -the major Part of them,, (hall be allowed five Pounds per Centum, and fuch further and other Reward, as the Affignees and the major Parr of the Creditors in Value prefent at any Meeting of the Credi.ors (hall think fit, to be paid out of the neat Proceed of fuch Bankrupt's Eftate, which (hall be recovered on fuch Difcovery, which (hall be paid to the Perfon or Perfons fo difcovering the fame, by the Afilgnee or Affignees of fuch Bankrupt's Eftate, .and the Affignee or Affignees ihall be allowed the fame in their Accounts. XXI. And for the better Difcovery of the Eftate of a Bankrupt, be it enacted by the Authority aforefaid, That all and every Perfon and Perfons who Ihall have accepted of any Truft or Trufts, and ihall wilfully conceal or protect any Eftate, real or perfonal, of any Perfon or Perfons becoming Bank- rupt as aforefaid, from his, her or their Creditors, and Ihall not within forty-two Days next after fuch Commiffion (hall iffiie. forth, and Notice thereof be given in the London Gazette, difcover and difclofe fuch Truft and Eftate in Writing to one or more of the .Commiffioners or Affignees of fuch Bankrupt 4 or
 * to give gratis) forthwith produce and (hew fuch Perfon or Perfons fo committed as ato efaid to any fuch