Page:Ruffhead - The Statutes at Large - vol 9.djvu/707

Rh Neglect to Come and Appear, not having a lawful Excuse, to be made known to the said Commissioners, and by them allowed, or being come before them, shall refuse to be Sworn, or being of the People called Quakers, to take the Solemn Affirmation, by Law appointed for such People, or being Sworn, or having taken such Affirmation, shall refuse to answer all such Questions, as by the said Commissioners shall be put unto him, her or them, relating to any Act of Bankruptcy committed by the Person or Persons against whom such Commission is awarded, according to the true Intent and Meaning of this Act, That then it shall and may be lawful for the said Commissioners, or such major part of them, to commit to such Prison, as to them shall be thought meet, all such Person or Persons, and also to direct their Warrant or Warrants to such Person or Persons, as the said Commissioners, or greater part of them, shall think meet, to Apprehend and Arrest such Person or Persons as shall so refuse to Appear, and to commit such Person or sons to such Prison as the said Commissioners, or such major part of them, shall think meet, there to remain without Bail or Mainprize, until such time as such Person or Persons shall submit him or herself to the said Commissioners, and be by them Examined, according to the true Intent and Meaning of this Act. Provided, That no Person shall be obliged to Travel above Twenty Miles to be so Examined.

IV. And be it further Enacted by the Authority aforesaid, That upon Certificate Made and Granted under the Hands and Seals of the said Commissioners, or such major part of them, that such Commission is issued forth, and such Person or Persons proved before them to become Bankrupt, That then it shall and may be lawful to and for all or any of the Judges of Her Majesties Courts of Queens Bench, Common Pleas, or Court of Exchequer, and to and for all and every the Justices of the Peace within the Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, (and they are hereby Impowered and Required, upon Application to them for that purpose made) to Grant his or their Warrant or Warrants under his or their Hands and Seals, as well for the Taking and Apprehending such Person or Persons, and him, her, or them to commit to the Common Gaol of the County where he, she, or they shall be so Taken and Apprehended, there to remain, until he, she, or they shall be thence Removed by Order of the said Commissioners, or such major part of them, by Warrant under their Hands and Seals; and the Goaler or Keeper, to whole Custody such Person or Persons shall be Committed, is hereby Required forthwith to give Notice to some One of the said Commissioners in the said Commission named of such Person or Persons being in his or their Custody, to the intent the said Commissioners may fend their Warrant to the said Goaler or Keeper (which they are hereby Impowered and Required forthwith to fend) for the Delivering such Bankrupt or Bankrupts to the Person or Persons named in such Warrant, and thereby Authorized to Convey such Person to the said Commissioners, in Order to such Examination and Discovery, as aforesaid, as also to take and seize any the Wares, Goods, Merchandizes, or Effects of such Person or Persons, or any of his, her or their Books, Papers or Writings, or any other his or their Real or Personal Estate.

V. Provided always, and be it Enacted by the Authority aforesaid, That if such Person or Persons so Apprehended and Taken within the said Thirty Days, shall submit to be Examined, and in all things Conform, as if he had Surrendred himself, as by this Act such Bankrupt or Bankrupts is or are Required, then such Person or Persons so Submitting and Conforming, shall have the Benefit of this Act to all intents and purposes, as if he had Voluntarily Come in and Surrendred himself ; Any thing herein to the contrary notwithstanding.

VI. Provided always, and be it Enacted by the Authority aforesaid, That if any Person or Persons shall by reason of this Act incur the Penalty of Felony, that then such Felons Goods and Estate shall go to, and be Divided amongst the Creditors seeking Relief by such Commission ; any Law, Usage or Custom to the contrary in any wise notwithstanding.

VII. And be it further Enacted by the Authority aforesaid, That all and every Person and Persons so becoming Bankrupt, as aforesaid, who shall, within the time Limited by this Act, Surrender him, her or themselves to the major part of the Commissioners therein named, and in all things Conform as in and by this Act is Directed, shall be allowed the Sum of Five Pounds per Centum out of the Neat Product of all the Estate that shall be Recovered in and Received on such Discovery, which shall be paid unto him by the Assignee or Assignees of the said Commissioners, so as the said Five Pounds per Centum shall not amount in the whole to above the Sum of Two hundred pounds, and shall be Discharged from all Debts by him, her, or them due and owing at the time that he, she, or they did become Bankrupt ; and in case any such Bankrupt shall afterwards be Arrested, Prosecuted or Impleaded for any Debt due before such time as he, she, or they became Bankrupt, such Bankrupt shall be Discharged upon Common Bail, and shall and may Plead in General, That the Cause of such Action or suit did accrue before such time as he became Bankrupt, and may give this Act and the Special Matter in Evidence, and if a Verdict pass for the Defendant, or the Plaintiff shall become Non-suited, or Judgment be given against the Plaintiff, the Defendant shall Recover his Costs, as in other Cases.

VIII. Provided always, and it is hereby Declared and Enacted by the Authority aforesaid, That if the Neat Proceed of such Bankrupts Estate so to be Discovered, Recovered, and Received, together with what shall be otherwise Recovered and Received, shall not amount to so much as will Pay all and every the Creditors of such Bankrupt the Sum of Eight Shillings in the Pound, after all Charges first had and deducted, That then, and in such case, such Bankrupt shall not be allowed the said Sum of Five Pounds per Centum, of such Estate as shall be so Recovered in, but shall be Allowed and Paid by the Assignees, so much Money as the said Assignees and the major part of the said Commissioners shall think fit to Allow to such Bankrupt, and no more. APPEND