Page:Ruffhead - The Statutes at Large - vol 6.djvu/167

 A. D. 1732. Anno quinto Georgii II. C. 30. 105 Effects of the Bankrupt which (hall be delivered up or affigned, fhall be, to all Intents and Purpofes, Jas effectually and legally veiled in fuch new Affignee or Alfignees as if the firft Affignment had been niade to him or them by the laid Commiifioners : And if fuch firft Affignee or Affignees (hail refufe or neelect by the Space of ten Days next after Notice given of the faid Choice of fuch new Affignee or AnVnees and of his and their Confent to accept fuch Affignment, fignified to the firft Affignee or Af- {io-nees by Writing under his or their Hand or Hands, to make fuch Affignment and Delivery as afore- Penalty on firft faid every fuch firft Affignee or Affignees (hall refpectively forfeit the Sum of two hundred Pounds, to Affignee, not be d'ivided and diftributed amongft the Creditors, towards Satisfaction of their Debts, in fuch Manner ^''^f,^ as the Eftate of the Bankrupt is or ought to be divided and diftributed, and to be recovered by Action the new ones. of Debt Bill Plaint or Information in any of his Majefty's Courts of Record at JVeJlminjler, by fuch Perfon or Perfons as fuch the major Part of the Commiifioners, authorized as aforefaid, fhall appoint to fue for the fame, with full Cofts of Suit, wherein no Privilege, Protection or Wager in Law, or more than one Imparlance fhall be allowed; any Law, Cuftom or Ufage to the contrary notwith- ' XXXI. And whereas it may be found necefiary, that as well Alignments of Bankrupts Eftates ' already made by Commiifioners, as Alignments hereafter to be made purfuant to the Choice of Cre- ' faid ■' Be it therefore enacted and declared by the Authority aforefaid, That it lhall and may be lawful Notice of Re- to and for the Lord Chancellor, Lord Keeper or Commiffioners for the Cuftody of the Great Seal of 5°^"^ Great Britain for the Time being, upon Petition of any Creditors, to make fuch Order therein as he or Gazette. they fhall think juft and reafonable : And in cafe a new Affignment lhall be ordered to be made as afore- faid that then fuch Debts, Effects and Eftate of fuch Bankrupt fhall be thereby effectually and legally veiled in fuch new Affignee or Affignees; and it lhall and may be lawful for him and them to fue for the fame in his or their Name or Names, and to difcharge any Action or Suit, or to give any Acquittance for fuch Debts as effectually to all Intents and Purpofes as the Affignee or Alfignees in the former Affignment might have done in cafe no new Affignment had been made, any Thing herein or in any former Act contained or made to the contrary in any wife notwithllanding; and that the faid Commif- fioners fhall caufe publick Notice to be given in the two London Gazettes that fhall immediately follow the Removal of fuch Affignee or Affignees, and the Appointment of fuch other Affignee or Affignees as aforefaid that fuch Affignee or Affignees is or are removed, and fuch other Affignee or Alfignees appoint- ed in his'or their Stead, and that fuch Perfons as are indebted to the faid Bankrupt's Eftate, do not pay fuch Debt or Debts to fuch Affignee or Affignees as fhall be removed as aforefaid. ' XXXII. And whereas by Reafon of the Monies which are lodged in the Hands of Affignees until a ' Dividend is made, Affignees do oftentimes delay the dividing thereof,* to the very great Prejudice of ' the Bankrupt's Creditors :' For preventing whereof, and to the End Affignees may make fpeedy Di- vidends of the Eftate and Effects of fuch Bankrupts, be it enacted by the Authority aforefaid, That creditors, be- before the Creditors fhall proceed to the Choice of an Affignee or Affignees of any Bankrupt's Eftate, fore choofing the major Part in Value of the faid Bankrupt's Creditors then prefent fhall, if they think fit, dired in'£f$^. t " od what Manner, how, and with whom and where the Monies arifing by, and to be received from Time to f Dividends. Time out of the Bankrupt's Eftate, fhall be paid in and remain until the fame (hall be divided amongft all the Creditors as by this Act is directed; to which Rule and Direction every fuch Affignee and Af- fignees, afterwards to be chofen, fhall conform, as often as one hundred Pounds fhall be got in and received from fuch Bankrupt's Eftate, and fhall be and are hereby indemnified for what they lhall do in Pursuance of fuch Direction of the laid Creditors as aforefaid. XXXIII. And be it further enacted by the Authority aforefaid, That every Perfon or Perfons chofen Method of ma. or who fhall be chofen Affignee or Affignees of the Eftate and Effects of fuch Bankrupt, fhall, at fome king Dividends. Time after the Expiration of four Months and within twelve Months from the Time of iffuing of fuch Commiffion, caufe at leaf! twenty-one Days publick Notice to be given in the London Gazette, of the Time and Place the Commiffioners and Affignees intend to meet, to make a Dividend or Diflribution of fuch Bankrupt's Eftate and Effects; at which Time the Creditors, who have not before proved their Debts, fhall then be at Liberty to prove the fame; which Meeting for the City of London and all Places within the Bills of Mortality, fhall be at the Guildhall of the faid City; and upon every fuch Meeting the Affignee or Affignees fhall produce, to the faid Commiffioners and Creditors then prefent, fair and iuft Accounts of all his and their Receipts and Payments touching the faid Bankrupt's Eftate and Ef- fects, and of what fhall remain out (landing, and the Particulars thereof; and lhall, if the Creditors then prefent, or the major Part of them, require thefame, be examined upon Oath, or, being of the People called Quakers, upon folemn Affirmation before the faid Commiffioners, or the major Part of them, touching the Truth of fuch Accounts; and in fuch Accounts the faid Affignee or Affignees fhall be allowed and retain all fuch Sum and Sums of Money as they fhall have paid and expended in filing out and profecutin? of fuch Commiffion, and all other juft Allowances, on Account of and by Reafon or Means of their being Affignee or Affignees; and the faid Commiffioners, or the major Part of them, lhall order fuch Part of the neat Produce of the faid Bankrupt's Eftate, as by fuch Accounts or other- wife fhall appear to be in the Hands of the faid Affignees, as they or the major Part of them fhall think fit, to be forthwith divided amongft fuch of the Bankrupt's Creditors, who have duly proved their Debts under fuch Commiffion, in Proportion to their feveral and refpective Debts; and the Commif- fioners, or the major Part of them, lhall make fuch their Order for a Dividend in Writing under their Hands, and fhall caufe one Part of fuch Order to be filed amongft the Proceedings under the faid Com- miffion, and (hall deliver unto each of the Affignee or Affignees, under fuch Commiffion, a Duplicate ' ViJL. VI. P of
 * ditors (hould be vacated, and a new Affignment or Alignments be made of the Debts and Effects un-.
 * received and not difpofed by the then Afiignees to other Perfons to be chofen by the Creditors as afore-