Page:Ruffhead - The Statutes at Large - vol 9.djvu/708

234 IX. And for the better Discovery of the said Bankrupts Estate, in case he, she or they shall refuse or neglect to Surrender him, her or themselves, and conform to this Act, as aforesaid ; Be it Enacted by the Authority aforesaid, That all and every Person and Persons, who shall have accepted of any Trust or Trusts, and Conceal or Protect any Estate, either Real or Personal of any Person becoming Bankrupt, as aforesaid, from his, her or their Creditors, and shall not within Thirty Days next after such Commission shall issue forth, and Notice thereof given to such Person or Persons, Discover and Disclose such Trust and Estate in Writing to some One of the Commissioners, and submit himself to be Examined by the Commissioners, or such major part of them as by the said Commission shall be Authorized, and truly Discover the same, shall forfeit the Sum of One hundred Pounds, and double the Value of the Estate, either Real or Personal so concealed, to and for the Use and Benefit of the said Creditors, to be Recovered by Action of Debt, in any of Her Majesties Courts of Record, in the Name of the Assignees of the said Commissioners, in which Case Costs shall be Allowed to either Party as in other Common Cases.

X. And be it further Enacted by the Authority aforesaid, That all and every Person and Persons, who shall within sixty Days next after the time allowed to such Bankrupt to Surrender himself, and Conform, as aforesaid, voluntarily Come in and make Discovery of any part of such Bankrupts Estate, before the major part of the said Commissioners, shall be allowed the Sum of Three Pounds per Centum, out of the Neat Proceed of all that shall be Recovered on such Discovery, which shall be Paid to the Person or Persons so Discovering the fame, by the Assignee or Assignees to whom the same shall be Assigned.

XI. And be it further Enacted by the Authority aforesaid, That where there shall appear to the Commissioners, or the major part of them, that there hath been mutual Credit given between such Person or Persons, against whom such Commission shall issue forth, and any Person or Persons who shall be Debtor or Debtors to such Person or Persons, and due Proof thereof made, and that the Accounts are open and unbalanced, That then it shall be Lawful for the Commissioners in the said Commission named, or the major part of them, or the Assignee or Assignees of such Commission, to Adjust the said Account, and to take the Balance due in full Discharge thereof, and the Person Debtor to such Bankrupt shall not be compelled or obliged to Pay more than shall appear to be due on such Balance.

XII. Provided always, and be it Enacted by the Authority aforesaid, That nothing in this Act shall be Construed to extend to Grant any Privilege, Benefit or Advantage to any Bankrupt whatsoever, against whom a Commission under the Great Seal shall issue forth, who hath, for or upon Marriage of any of his or her Children, given, advanced or paid above the Value of One hundred Pounds, unless he or she shall prove, by his or her Books fairly kept, or otherwise, and upon his or her Oath, before the major part of the Commissioners in such Commission named, that he or she had at the time thereof, over and above the Value so given, advanced or paid, remaining in Goods, Wares, Debts, Ready Money, or other Real or Personal Estate sufficient to pay and satisfie unto each and every Person to whom he or she was any way Indebted, their full and intire Debts.

XIII. Provided always, and be it Enacted by the Authority aforesaid, That the said Commissioners, or the major part of them, shall appoint within the said Thirty Days, not less than Three several Meetings for the Purposes aforesaid, the last of which shall be on the said Thirtieth Day hereby limited for such Bankrupts Appearance.

XIV. Provided always, and be it hereby Enacted by the Authority aforesaid, That if any Person or Persons shall be Sued or Prosecuted by any Action, Bill, Plaint or Information, for any thing done or to be done by him, her or them in Prosecution of this Act, It shall and may be Lawful to and for such Person or Persons to Plead the General Issue, and to give this Act, and the Special Matter in Evidence.

XV. Provided also, and be it Enacted by the Authority aforesaid, That nothing in this Act contained shall extend to Give or Grant any Liberty, Privilege, Benefit or Advantage in this Act mentioned, to any Person whatsoever, against whom a Commission of Bankrupts shall be Awarded, who shall have Lost in any one Day the Sum or Value of Five Pounds, or in the whole the Sum or Value of One hundred Pounds, within the Space or Term of Twelve Months next preceding his or her becoming a Bankrupt, in playing at or with Cards, Dice, Tables, Tennis, Bowls, Shovel-Board, or in or by Cock-Fightings, Horse-Races, Dog-Matches, or Foot-Races, or other Pastimes, Game or Games whatsoever, or in or by bearing a Share or Part in the Stakes, Wagers or Adventures, or in or by Betting on the Sides or Hands of such as do or shall Play, Act, Ride or Run, as aforesaid.

XVI. And be it further Enacted by the Authority aforesaid, That this Act shall continue and be in force for the space of Three Years, and from thence to the End of the next Session of Parliament, and no longer.

XVII. And for the better Encouragement of such Persons as already are become Bankrupts, to make a true and just Discovery of their Estates, and to Deliver the fame up, for the Use and Benefit of their Creditors; Be it further Enacted by the Authority aforesaid, That all and every Person and Persons who are become Bankrupts, and against whom a Commission of Bankrupt hath Issued, before the Tenth Day of March, One thousand seven hundred and five, who shall Voluntarily, on or before the Four and twentieth Day of June, One thousand seven hundred and six, Surrender him, her or themselves to the Commissioners in such Commission named, or the major part of them, and Submit to be Examined from time to time upon Oath by and before the said Commissioners, or the major part of them, and in all things Conform to the several Statutes already made concerning Bankrupts, and to this present Act, shall to all intents and purposes have the Benefit of this Act. XVIII. Provided