Page:Ruffhead - The Statutes at Large - vol 6.djvu/168

 io6 C. 30. Anno quinto Georgii IL A. D. 1732. of fuch their Order likewife under the Hands of the faid Commiffioners; which Order of Distribution fhall contain an Account of the Time and Place of making fuch Order, and the Sum Total or <jj)uanh of all the Debts proved under the faid Commiffion, and the Sum Total of the Money remaining the Hands' of the Affignee or Affignees to be divided, and how much in particular in the Pound is then ordered to be paid to every Creditor under the faid Commiffion; and the faid Affignee or Affignees, in Purfuance of fuch Order, and without any Deed or Deeds of Diftribution to be made for that Pur- pofe, fhall forthwith make fuch Dividend and Diftribution accordingly, and fhall take Receipts, in a Book to be kept for that Purpofe, from each Creditor, for the Part or Share of fuch Dividend or Dif- tribution which he or they fhall make and pay to each Creditor respectively; and fuch Order and Re- ceipt fhall be a full and effectual difcharge to fuch Affignee, for fo much as he fhall fairly pay, purfuant to fuch Order as aforefaid. ' XXXIV. And whereas Affignees are, and may fometimes be prevented from making fuch fpeedy Dividends of the Eftate and Effects of Bankrupts, as by this Act is intended, by Reafon of Debts due, or pretended and claimed to be due from fuch Bankrupts, upon long and intricate Accounts or De- ' mands, which are disputed or not admitted by the Commiffioners and Creditors to be juft and fair Affignees, with ' fignees had Power to fubmit the fame;' Be it therefore enacted by the Authority aforefaid, That it fhall ditws "ma f C ( b" anc ' ma ^ ^ e lawful to and for the Affignee or Affignees of any Bankrupt's Eftate and Effects, by and mit Deputes "0" w * m the Confent of the major Part in Value of the Bankrupt's Creditors, who fhall have duly proved Arbitration. their Debts under fuch Commiffion, and who fhall be prefent at any Meeting of the faid Creditors, purfuant to Notice to be for that Purpofe given in the London Gazette, to fubmit any Difference or Dif- pute between fuch Affignee or Affignees, and any Perfon or Perfons whatfoever, for or on Account, or by Reafon or Means of any Matter, Caufe or Thing whatfoever, relating to fuch Bankrupt or Bank- rupts, his, her or their Eftate or Effects, to the final End and Determination of Arbitrators to be chofen by the faid Affignee or Affignees, and the major Part in Value of fuch Creditors, and the Party or Parties with whom they fhall have fuch Difference, and to perform the Award of fuch Arbi- trators, or otherwife to- compound and agree the Matters in Difference and Difpute between them, in. fuch Manner as the faid Affignee or Affignees, with fuch Confent as aforefaid, fhall think fit, and can agree, and the fame fhall be binding to all the Creditors of the faid Bankrupt or Bankrupts; and the Affignees are hereby indemnified for what they fhall fairly do according to the Direction aforefaid. Affignees with XXXV. And be it further alfo enacted by the Authority aforefaid, That any Affignee or Affignees Confent of Cre- ma d e or chofen as aforefaid, fhall be, and is and are hereby impowered, by and with the Confent of pound Debts°. m " the major Part of fuch Bankrupt's Creditors in Value, who fhall be prefent at a Meeting to be had for that Purpofe, of which publick Notice fhall be given in the London Gazette, to make Compofition with any Perfon or Perfons, Debtors or Accountants to fuch Bankrupts, where the fame fhall appear neceffary and reafonable, and to take fuch reafonable Part as can upon fuch Compofition be gotten, in full Difcharge of fuch Debts and Accounts; any Law, Cuftom or Ufage to the contrary not- withstanding. Bankrupts,after XXXVI. Provided always, and be it enacted by the Authority aforefaid, That after fuch Bankrupt Allowance of or Bankrupts fhall have obtained his, her or their Certificate, and the fame fhall be duly confirmed as attendAffinees nerem 1S mentioned, every fuch Bankrupt or Bankrupts fhall, and is, and are hereby obliged to give in fettling Ac- his, her or their Attendance, upon every reafonable Notice in Writing to be given to him, her or them, counts. or to be left at his, her or their ufual Place of Abode, by the Affignee or Affignees, or their Order, thereby requiring him, her or them, to attend the Affignee or Affignees of fuch Bankrupt's Eftate, in order to make up, adjuft or fettle any Account or Accounts between fuch Bankrupt or Bankrupts and any Debtor to or Creditor of fuch Bankrupt's Eftate, or to attend any Court or Courts of Record, in order to be examined touching the fame, or for fuch other Bufinefs, which fuch Affignee or Affignees fhall judge neceffary for getting in the faid Bankrupt's Eftate and Effects, for the Benefit of his, her or Allowance for their Creditors; for which faid Attendance the Bankrupt fhall be allowed and paid the Sum of two Attendance. Shillings and fix Pence per Diem by fuch Affignee or Affignees out of the Bankrupt's Eftate; and in cafe fuch Bankrupt or Bankrupts fhall neglect or refufe to attend, or, on fuch Attendance, fhall refufe to affift in fuch Difcovery, without good and fufficient Caufe to be ihewn to the Commiffioners, or the major Part of them, for fuch his, her or their Neglect or Refufal, to be by them allowed as fufficient, fuch Affignee or Affignees making due Proof thereof upon Oath, or, being of the People called <$uakers x upon folemn Affirmation before the faid Commiffioners authorized as aforefaid, or the major Part of them, the faid Commiffioners, or the major Part of them, are hereby impowered and required to iffiie a Warrant or Warrants, directed to fuch Perfon or Perfons as they fhall think proper, for apprehending Imprifonment fuch Bankrupt or Bankrupts, and him, her or them to commit to the County Gaol, there to remain on Non-atten- in clofe Cuftody without Bail or Mainprize, until he, fhe or they fhall duly conform to the Satisfaction ance> of the faid Commiffioners authorized as aforefaid, and be by the faid Commiffioners, or the Special Order of the Lord Chancellor, Lord Keeper or Commiffioners for the Cuftody of the Great Seal of Great Britain for the Time being, or otherwife by due Courfe of Law discharged; and fuch Gaoler or Keeper of fuch Prison to which fuch Bankrupt or Bankrupts fhall be committed, is hereby required to keep fuch Perfon or Perfons in clofe Cuftody within the Walls of the faid Prison, until he, fhe or they be duly difcharged as aforefaid, under the Pains and Penalties before mentioned, for fuch Gaoler or Keeper fuffering fuch Prifoners, committed purfuant to this Act, to efcape and go at large. 8 ■ XXXVII. And
 * Debts, and fuch Claimants are thereby obliged to afcertain fuch their Demands by Actions or Suits in
 * Law or Equity, which are oftentimes many Years depending, and many other Differences and Diffi-
 * culties do arife under Commiffions of Bankrupts, which might be determined by Arbitration, if Af-