Page:Ruffhead - The Statutes at Large - vol 6.djvu/165

 A. D. 1732. Anno quinto Georgii II. C. 30. o$ or Bankrupts Eftate, and likewife fubmit him or herfelf to be examined by the Commiflioncrs, in and by the faid Commiflion authorized, or the major Part of them, if thereunto required, and truly ciifcover the fame (hall forfeit the Sum of one hundred Pounds of lawful Money of Great Britain, and double the Value of the Eftate either Real or Perfonal fo concealed, to and for the Ufe and Benefit of the faid Creditors, to be recovered by Action of Debt in any of his Majefty's Courts of Record at IVeJiminJfer, in the Name of the Affignee or Affignees of the faid Commilfioners, in which Cafe full Cofts (had be allowed to either Party. ' XXII. And whereas by an Act made in the feventh Year of his late Majefty's Reign, intituled, An 7 Geo. i. c. 31. ' Ail for the explaining and making more effectual the feveral Ac~ts concerning Bankrupts, Perlons taking Bills, ' Bonds, PromiiTory Notes, or other perfonal Security for their Money payable at a future Day, are ' enabled to prove their Debts under a Commiffion of Bankruptcy, but not to petition for or join in ' petitioning for any new Commiflion, which having been found to be inconvenient :' Now it is hereby Perrons having enacted by°thc Authority aforefaid, That fo much of the faid Act as disables any fuch Perfon from Bonds or Notes petitioning for or joining in any Petition for a Commiflion againft any Perfon or Perfons who have be- commlm'ons. ' fore committed any Act of Banktuptcy, is hereby repealed : And it fhall and may be lawful hereafter for fuch Perfon to petition for or join in petitioning for any fuch Commiflion of Bankruptcy; any Thing in the faid Act contained to the contrary thereof in any wife notwithftanding. XXIII. And for preventing the taking out Commiflions of Bankrupts malicioufly, Be it enacted by the Authority aforefaid, That no Commiflion of Bankrupt under the Great Seal of Great Britain (hall, Cona; t ions of after the twenty-fourth Day of June one thoufand feven hundred and thirty-two, be awarded and iffued granting Con*« out againft any Perfon whatfoever, upon the Petition of one or more Creditors, unlefs the (ingle Debt millions. of the Creditor, or of two or more Perfons being Partners petitioning for the fame, do amount to the Sum of one hundred Pounds or upwards, or unlefs the Debt of two Creditors, fo petitioning as afore- faid, fhall amount to one hundred and fifty Pounds or upwards, or unlefs the Debt of three or more Creditors, fo petitioning as aforefaid, (hall amount to two hundred Pounds or upwards, and the Cre- ditor or Creditors petitioning for fuch Commiflion fhall, before the fame (hall be granted, make an Affi- davit, or (being one of the People called Quakers) make a folemn Affirmation in Writing before one of the Mafters of the High Court of Chancery (which Oath or Affirmation they are hereby impowered to adminifter, and which fhall be filed with the proper Officer) of the Truth and Reality of fuch his, her and their refpective Debt and Debts, likewife give Bond to the Lord Chancellor, Lord Keeper or Commiflioners of the Great Seal for the Time being, in the Penalty of two hundred Pounds, to be conditioned for proving his, her or their Debts, as well before the Commiflioners named in fuch Com- mifiiort as upon a Trial at Law, in cafe the due iffbing forth of the fame fhall be contefted and tried, and alfo for* proving the Party a Bankrupt at the Time of taking out fuch Commiflion, and further to* proceed on fuch Commiflion as herein after is mentioned; and if fuch Debt or Debts (hall not be re- ally due or owing, or if after fuch Commiflion taken out it cannot be proved that the Party- was a Bankrupt at the Time of the ifluing of the faid Commiflion, but on the contrary it (hall appear that fuch Commiflion was taken out fraudulently or malicioufly, that then the Lord Chancellor,. Lord Keeper or Commiflioners of the Great Seal for the Time being, (hall and may, upon Petition of the Party or Parties grieved, examine into the fame, and order Satisfaction to be made to him; her or them . for the Damages by him, her or them fuftained; and for the better Recovery thereof may, in cafe there be Occafion, afiign fuch Bond or Bonds to the Party or Parties fo petitioning, who may fue for the fame in his, her and their Name and Names; any Law, Cuftom or Uiage to the- contrary notwith- ftanding. ' XXIV. And whereas Commiflions of Bankrupts are frequently taken out by Perfons who by Means ' of fuch Commiflions (on a Compofition propofed by the Bankrupts) and on ■■ Promife not to execute ' the fame, prevail with and extort from the Bankrupts their whole Debts, or much greater Part thereof ' than fuch Bankrupts pay to their Creditors, or otherwife get from fuch Bankrupts Goods or other re*i-. ' or perfonal Security, which is contrary to the true Intent and Meaning of the feveral Statutes made 6 concerning Bankrupts, wh'ch faid Statutes intend, that all fuch Bankrupts Creditors fhall be on am ' equal Foot, and not one preferred before another, or paid more than another in Refpect of his or c her Debt :' Be it therefore enacted by the Authority aforefaid, That if any Bankrupt or Bankrupts CommiftTons fhall, after iiFaing of any Commiflion againft him, her or them, pay to the Perfon or Perfons who Cued fraudulently oh. out the fame, or otherwife give or deliver to fuch Perfon or Perfons Goods or any other Satisfaction or *££&&£ belu " Security for his, her or their Debt, whereby fuch Perfon or Perfons fuing' out fuch Commiflion (hall privately have and receive more in the Pound in refpect of his, her or their Debt th >n the other Cre- ditors, fuch Payment of Money, Delivery of Goods, or giving greater or other Security or Satisfaction, (hall be deemed and taken to be fuch an Act of Bankruptcy, whereby on good Proof thereof fuch Com- miflion fhall and may be fuperfeded : And it (hall be lawful for the Lord Chancellor, Lord Keeper or and another Commiflioners for the Cuftody of the Great Seal of Great Britain for the Time being, to award to any granted. Creditor or Creditors petitioning another Ccmmiflion; and fuch Perfon or Perfons fo taking or re- ceiving fuch Goods or other Satisfaction as aforeiaid, (hall forfeit and iofe as well his, her or their penalty. . whole Debt, as the whole he, (he or they (hall have taken or received, and (hall pay back and deliver up the fame or the full Value thereof, to fuch Perfon or Perfons as the faid Commiflioners acting under fuch new Commiflion fhall appoint, in Trail for and to be divided amongft the other of the Bankrupt's Creditors in Proportion to their refpective Debts. XXV. And be it further enacted by the Authority aforefaid, That the Creditor or Creditors who fhall The Charge of petition for and obtain any Commiflion of Bankrupt, fhall be and is and are hereby obliged, at his, Commiflions to her or their own Cofts and Expences, to fue forth and profecute the fame, until an Affignee or Affignees Affiles! the fhall