Page:Ruffhead - The Statutes at Large - vol 6.djvu/169

 A. D. 1732. Anno quinto Georgii II. C. 30. 107 XXXVII. And be it further enabled by the Authority aforefaid, That within eighteen Months next Final. Dividend after the iffuing of any fuch Commiffion as aforefaid, the Affignee or Affignees ihall make a fecond j^'nths 18 Dividend of the Bankrupt's Eftate and Effects, in cafe the fame was not wholly divided upon the firft Dividend, and ihall caufe a Notice to be inferted in the London Gazette, of the Time and Place the faid Commiffioners intend to meet to make a fecond Dividend and Diftribution of fuch Bankrupt's Eftate or Effects, and for the Creditors, who (hall not before have proved their Debts, to come and prove the fame ; and at fuch Meeting every fuch Affign.ee or Affignees Ihall produce upon Oath or Affirmation as aforefaid, his, her or their Account or Accounts of the Bankrupt's Eftate and Effects, and what upon the Balance thereof (hall appear to be in his, her or their Hands, (hall, by the like Order of the Commiffioners, or the major Part of them, be forthwith divided amongft fuch of the Bank- rupt's Creditors who (hall have made due Proof of their Debts, in Proportion to their feveral and refpec- tive Debts; which fecond Dividend (hall be final, unlefs any Suit at Law or in Equity (hall be depending, Exceptions, or any Part of the Eftate (landing out, that cannot have been difpofed of, or that the major Part of the Creditors (hall not have agreed to be fold and difpofed of in Manner aforefaid, or unlefs fome other or future Eftate or Effects of the faid Bankrupt (hall afterwards come to or veft in the faid Affignee or Af- fignees ; in which Cafe the faid Affignee or Affignees (hall, as foon as may be, convert fuch future or other Eftate and Effects into Money in Manner aforefaid, and (hall, within two Months next after the fame (hall be converted into Money as aforefaid, by the like Order of the Commiffioners, or the major Part of them, divide the fame among fuch Bankrupt's Creditors who (hall have made due Proof of their Debts under fuch Commiffion. XXXVIII. Provided always, That no Suit in Equity (hall be commenced by any Affignee or Af- NoSuitinEqui- fignees, without the Confent of the major Part in value of the Creditors of fuch Bankrupt, who (hall be j* to b ^^ ut prefent at a Meeting of the Creditors, purfuant to Notice to be given in the London Gazette for that confent of c°e- Purpofe. ditors. ' XXXIX. And whereas Perfons dealing as Bankers, Brokers and Factors, are frequently intruded Bankers, Bro- ' fons :' It is hereby further enacted. That fuch Bankers, Brokers and Factors, Ihall be and are hereby statutes. declared to be fubject and liable to this and other the Statutes made concerning Bankrupts. XL. Provided always, and it is hereby further declared and enacted by the Authority aforefaid, Perfons not lia- That no Farmer, Grazier or Drover of Cattle, or any Perfon or Perfons, who is or are, or (hall be Receiver General of the Taxes granted by Act of Parliament, (hall be intitled as fuch to any of the Benefits given by this Act, or be deemed a Bankrupt within the fame, or within any of the Statutes now in Force concerning Bankrupts ; any Law, Cuftom or Ufage to the contrary notwith- ftanding. ' XLI. And whereas Commiffions of Bankrupts, and the Depofitions taken before the Commiffioners ' of Bankrupts, and the Proceedings upon fuch Commiffions, are moft commonly kept by fuch Perfons ' as act as Clerks or Secretaries to fuch Commiffioners, and by reafon of the Death of fuch Clerks or ' Secretaries are many Times loft and millaid, by Means whereof fuch Perfons as have or may purchafe ' any Meffuages, Lands, Tenements or Hereditaments, under any Commiffion grounded upon the Sta- ' And there being no certain Place where the Creditors of any Bankrupt, or any Perfon or Perfons claim- ' ing any Eftate or Intereft in any Meffuages, Lands, Tenements or Hereditaments, by or under any ' fuch Commiffion as aforefaid, can have Recourfe to fuch Commiffion and the Proceedings thereupon ; ' of Record, nor can be given in Evidence, which may be of very evil Confequence to fuch Purchafers ' or Perfons claiming as aforefaid:' Be it therefore enacted by the Authority aforefaid, That upon the Proceedings to Petition of any Perfon or Perfons to the Lord Chancellor, Lord Keeper, or Commiffioners for the Cuftody R e ^ ed on of the Great Seal of Great Britain, praying that fuch Commiffions, and the Depofitions taken thereon, ' " ' ' or any Part of fuch Depofitions, and fuch Certificates fo to be allowed and confirmed as aforefaid, or any by Direaion of Certificates heretofore allowed and confirmed, or any other Matters or Things relating to the (aid Com- the ! Lord Chatl - miflions, or the Proceedings thereupon, may be entred of Record, the Lord High Chancellor, Lord ce or ' Keeper, or Commiffioners of the Great Seal, ihall and may direct and order fuch Commiffions, Depofi- tions, Proceedings and Certificates, or other Matters or Things, to be entred of Record ; and in cafe of the Death of the Witneffes proving fuch Bankruptcy, or in cafe the faid Commiffions, Depofitions, Pro- ceedings, or other Matters or Things, ihall be loft or miflaid, a true Copy of the Record of fuch Com- miffions, Depofitions and Proceedings, or other Matters or Things, iigneel and attefted as herein after is mentioned, (hall and may upon all Occafions, be given in Evidence to prove fuch Commiffions, and the Bankruptcy of fuch Perfon, againft whom fuch Commiffion hath been or fhall be awarded, or other Matters or Things ; any Law, Ufage or Cuftom to the contrary notwithftanding : And all Certificates which have been allowed and confirmed, or to be allowed and confirmed, and entred of Record as aforefaid, or a true Copy of every Certificate figned and attefted as herein after is mentioned, ihall and may be given in Evidence in any of his Majefty's Courts of Record, and be without any further Pr'oot deemed, adjudged and taken, to be a full and effectual Bar and Difcharge of and againft any Action or Suit, which fhall be commenced or brought by any Creditor or Creditors of fuch Bank- rupt, for any Debt or Demand contracted, due or demandable before the iffuing of fuch Commiffion, unlefs any Creditor or Creditors of the Perfon that hath fuch Certificate, ihall prove that fuch Certificate was fraudulently obtained ; in which cafe Cofts fhall be allowed to either Party, as in other common Cafes: And to the End any Creditor or other Perfon or Perfons may know where to fearch and fee whe- ther fuch Commiffion hath iffued, and find what Depofitions have been taken by virtue. thereof, and P 2- what
 * with great Sums of Money, and with Goods and Effects of very great Value belonging to other Per- t o rs S jjabie to"
 * tutes made concerning Bankrupts, may be difabled to make out their Right and Title to the fame :
 * and fuch Commiffions, Depofitions and Proceedings, in cafe they can be produced, are not at prefent