Page:Ruffhead - The Statutes at Large - vol 6.djvu/166

 104 & 3°- Arnio quiiito Georgii II. A. D. Creditors may prove Debts without paying Contribution. Notice of Meet- Debts how to be proved. Choice of Af- fignees. 1732. (hall be chofen of fuch Bankrupt's Eftate and Effects ; and the Commiflioners to be named in any fuch Commiffion (hall, at the fame Meeting which (hall be appointed for the Choice of the Affignees, afcer- tain fuch Colls, and by Writing under their Hands lhall direct and order the Affignee or Affignees of fuch Bankrupt's Eftate, who is and are hereby required to pay and reimburfe fuch petitioning Cre- ditor or Creditors fuch his, her or their Coils and Chaiges as aforefaid, out of the firft Monies or Effects of the laid Bankrupt that (hall be got in and received under the faid Commiffion ; and every Creditor of the faid Bankrupt (hall be at Liberty to prove his, her or their Debt or Debts under the faid Commiffion, without paying any Contribution or Sum of Money whatsoever for or on Account of fuch Debt or Debts ; any Law or Statute to the contrary notwithftanding. XXVI. And be it further enacted by the Authority aforefaid, That where any Commiffion of Bank- ing to be given rupt (hall iflue out from and after the twenty-fourth Day of June one thoufand feven hundred and thirty- m the Gazette, two^ the Comrniffioners therein named, or the major Part of them thereby authorized, (hall forthwith, after they have declared the Perfon or Perfons againft whom fuch Commiffion (hall iffue a Bankrupt or Bankrupts, caufe Notice thereof to be given in the London Gazette, and (hall appoint a Time and Place for the Creditors to meet, which Meeting for the City of London and all Places within the Bills of Mortality (hall be at the Guildhall of the faid City, in order to choofe an Affignee or Affignees of the (aid Bankrupt's Eftate and Effects ; at which Meeting the faid Commiflioners (hall admit the Proof of any Creditor's Debt, that lhall live remote from the Place of fuch Meeting of the Commiflioners, by Affi- davit, or, being of the People called Quakers., by folemn Affirmation, and alfo permit any Perfon duly authorized by Letter of Attorney from fuch Creditors, Oath or Affirmation being made of the due Exe- cution thereof, either by an Affidavit fwornor Affirmation made before a Mafter in Chancery, ordinary or extraordinary, or before the Comrniffioners viva voce (which Oath or Affirmation they are hereby reflectively authorized to adminifter) and in cafe of Creditors rending in foreign Parts, fuch Affidavits or iblemn Affirmations to be made before a.Magiftrate where the Party (hall be refiding, and (hall to- gether with fuch Creditor's Letters of Attorney be attefted by a Notary Publick, to vote in the Choice of an Affignee or Affignees of fuch Bankrupt's Eftate and Effects in the Place and Stead of fuch Cre- ditor; and the Commiflioners, or the major Part of them authorized, (hall affign every fuch Bank- rupt's Eftate and Effects unto fuch Perfon or Perfons as the major Part in Vaiue of fuch Creditors, ac- cording to the feveral Debts then proved, (hall choofe as aforefaid ; and the Affignee or Affignees fa chofen (hall be obliged to keep one or morediftinct Book or Books of Account, wherein he or they (hall duly enter all Sum and Sums of Money or other Effects, which he or they (hall have got in or received out of the faid Bankrupt's Eftate, to which Book or Books of Account every Creditor who (hall have proved his or her Debt (hall at all feafonable Times have free Refort, and infpect the fame as often as he or (lie (hall think fit XXVII. Provided always, and be it enacted hy the Authority aforefaid, That no Creditor or any £hoofe U . aUfied t0 other Perfon for and on the Behalf of any Creditor (hall be permitted to vote in fuch Choice of Affignee or Affignees, whofe Debt or the Debt of the Perfon or Perfons fo authorizing him to vote, (hall not amount to the Sum of ten Pounds or upwards. XXVIII. And be it further -enacted by the Authority aforefaid, That where it (hall appear to the faid Comrniffioners, or the major Part of them, that there hath been mutual Credit given by the Bank- rupt and any other Perfon, or mutual Debts between the Bankrupt and any other Perfon, at any Time before fuch Perfon became Bankrupt, the faid Comrniffioners, or the major Part of them, or the Affignees of fuch Bankrupt's Eftate, (hall ftate the Account hetween thein, and one Debt may be fet againft another ; and what (hall appear to be due on either Side on the Balance of fuch Account, and on fetting fuch Debts againft one another, and no more, (hall be claimed or paid on either Side -reflectively. ' ' XXIX. And whereas many Ahufes have been committed by pretended Creditors of Bankrupts,* Be it enacted by the Authority aforefaid, That if any Perfon at any Time hereafter dial!, before the acting Comrniffioners in any Commiffion of Bankrupt, or by Affidavit or Affirmation exhibited to them, fwear or depofe, or, being of the People called Quakers, affirm, that any Sum of Money is due to him or her from any Bankrupt or Bankrupts, which Sum of Money is not really due or owing, or (hall fwear or affirm, that more is due than is really due or owing, knowing the fame to be not due or ow- ing, and that fuch Oath or Affirmation is falfe and untrue, and being thereof convicted by Indictment or Information, fuch Perfon (hall fuffer the Pains and Penalties inflicted by the feveral Statutes made and now in Force againft wilful Perjury, and (hall moreover be liable to pay double the Sum fo fworn or affirmed to be due or owing as aforefaid, to be recovered and levied as other Penalties and Forfeitures .are upon penal Statutes after Conviction to be levied and recovered ; and fuch double Sum lhall be -equally divided among all the Creditors feeking Relief under the faid Commiffion. XXX. Provided always, and be it further enacted, That it (hall and may be lawful for the faid Com- rniffioners authorized as aforefaid, or the major Part of them, as often as they lhall fee Caufe, for the better preferving and fecuring the Bankrupt's Eftate, immediately to appoint one. or more Affignee or Affignees of the Eftate and Effects or any Part thereof; which Affignee or Affignees, or any of them, (hall or may be removed or difblaced at the Meeting of the Creditors fo to be appointed as aforefaid, for the Choice of Affignees, ir they or the major Part in Value of them (whofe Debts re r pectively amount to ten Pounds or upwards as aforefaid) then prefent, and of fuch Perfons duly authorized as aforefaid, (hall think fit; and fuch Affignee or Affignees as (hall be fo removed and difblaced (hall de- liver up and affign all the Eftate and Effects of fuch Bankrupt which (hall have come to his or their Hands or Poffcffion, or which (hall have been affigned by the faid Comrniffioners as aforefaid, unto fuch other Affignee or Affignees who lhall be fo chofen by the Creditors as aforefaid ; and all the Eftate. and Effects What Perfons Mutual Credit to be fettled. Penahy on Debts falfly claimed. CoKimimoners may appoint Affignees.