Page:Ruffhead - The Statutes at Large - vol 9.djvu/706

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At the Parliament summoned to be held at Westminster, the Fourteenth Day of June, Anno Dom. 1705, in the Fourth Year of the Reign of our Sovereign Lady Anne, by the Grace of God, of Great Britain, France, and Ireland, Queen, Defender of the Faith, &c. And from thence continued by several Prorogations to the Five and twentieth Day of October, 1705, and then begun and holden, being the First session of this present Parliament.

 



HEREAS many Persons have and do daily become Bankrupt, not so much by reason of Losses and Unavoidable Misfortunes, as to the intent to Defraud and Hinder their Creditors of their just Debts and Duties to them Due and Owing; For the Prevention thereof, Be it Enacted by the Queens most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That if any Person or Persons, who from and after the Four and twentieth Day of June, in the Year of our Lord, One thousand seven hundred and six, shall become a Bankrupt within the several Statutes made against Bankrupts, or any of them, and against whom a Commission of Bankrupts, under the Great Seal of England shall be Awarded and Issued out, shall not within Thirty Days next after Notice thereof in Writing shall be left at the Place of the usual Abode of such Person or Persons, and Notice given in the Gazette, That such Commission or Commissions is or are Issued forth, and of the Time and Place of a Meeting of the said Commissioners, Surrender him, her or themselves to the Commissioners named in the said Commssion, or some of them, and submit to be Examined from time to time upon Oath, by and before the said Commssioners, or the major part of them, by the said Commission Authorized, and in all things conform to the several Statutes already made concerning Bankrupts, and also upon such Examination fully and truly Disclose and Discover how and in what manner, and to whom, and upon what Consideration he, she or they hath or have Disposed, Assigned or Transferred any of his, her or their Goods, Wares, Merchandizes, Money or other Effects or Estate, and all Books, Papers and Writings relating thereunto, of which he, she or they were Possssed, or in or to which he, she or they were any way Interested or Entitled, or which any Person or Persons had, or hath, or have had in Trust for him, her or them, or for his, her or their use, at any time before or after the Issuing out of the said Commission, and also deliver up unto the said Commissioners, or the major part of the Commissioners by the said Commission Authorized, all such part of his, her or their the said Bankrupts Goods, Wares, Merchandizes, Effects and Estate, and all Books, Papers and Writings relating thereunto, as at the time of such Examination shall be in his, her or their Possession, Custody or Power, (his, her or their, and his, her and their Wives and Childrens necessary Wearing Apparel only excepted) Then he, she or they the said Bankrupt, in case of any Default or Wilful Omission therein, or in any the Premisses, and being thereof lawfully Convicted by Indictment or Information, shall suffer as a Felon, without the Benefit of Clergy.

II. Provided always, and it is hereby Declared and Enacted by the Authority aforesaid, That it shall and may be lawful to and for the Lord Chancellor, or Lord Keeper, or Commissioners of the Great Seal of England for the time being, to Enlarge the time for such Person or Persons Surrendring him, her or themselves, and Disclofing and Discovering his, her or their Estate and Effects, as aforesaid, as the Lord Chancellor, Lord Keeper, or Commissioners shall think fit, not exceeding Sixty Days, so as such Order for so Enlarging the Time, be made by the said Lord Chancellor, Lord Keeper, or Commissoners, Five Days before the time on which such Person or Persons was or were so to Surrender him, her or themselves, and make such Discovery, as aforesaid.

III. And be it further Enacted by the Authority aforesaid, That if from and after the said Four and twentieth Day of June, a Commission of Bankrupt, under the Great Seal of England, shall Issue forth against any person or Persons, That then the Commissioners therein named, or the major part of them Authorized to put the said Commission in Execution, shall by virtue hereof, and of the ssaid commission, have full Power and Authority to send for and call before them, by such Process, Ways or Means, as they in their Discretions shall think convenient, all and every such Person and Persons as they shall be informed and believe can give any Account or Information of any Act or Acts of Bankruptcy committed by such Person or Persons, against whom such Commission shall Issue forth ; and upon their Appearance to Examine them, and every of them, as well upon their Oaths, as otherwise, by such "Ways and Means as the said Commissioners, or such major part of them, are by Law Authorized to Examine, touching or concerning such Bankrupts Estate, touching any Act or Acts of Bankrupty committed by such Person or Persons against whom such Commission shall issue forth ; and if any Person or Persons, upon Payment or Tender, and Refusal to Accept of such reasonable Charge, shall Refuse or   Neglect