What constructive Notice of prior Act of Bankruptcy.

Proviso for Persons Deli vering Goods

without Notice, &c.

In what case

LXXXIII. And be it enacted, That the issuing of a Commission shall be deemed Notice of a prior Act of Bankruptcy (if an Act of Bankruptcy had been actually committed before the issuing the Commission), if the Adjudication of the Person or Persons against whom such Commission has issued shall have been notified in the London Gazette, and the Person or Persons to be affected by such Notice may reasonably be presumed to have seen the same.

LXXXIV. And be it enacted, That no Person or Body Corporate, or Public Company, having in his or their Possession or Cus tody any Money, Goods, Wares, Merchandizes or Effects belonging to any Bankrupt, shall be endangered by reason of the Payment or Delivery thereof to the Bankrupt or his Order: provided such Person or Company had not, at the Time of such Delivery or Payment, Notice that such Bankrupt had committed an Act of Bankruptcy.

LXXXV. And be it enacted, That if any accredited Agent of Bodies Politic, any Body Corporate or Public Company shall have had Notice of any Act of Bankruptcy, such Body Corporate or Company shall be hereby deemed to have had such Notice.

&c. deemed to have Notice.

Proviso for

chases from

Bankrupt.

Proviso for

Bank

LXXXVI. And be it enacted, That no Purchase from any bona fide Pur- rupt bonâ fide and for valuable Consideration, where the Purchaser had Notice at the Time of such Purchase of an Act of Bankrupt by such Bankrupt committed, shall be impeached by reason thereof, unless the Commission against such Bankrupt shall have been sued out within Twelve Calendar Months after such Act of Bankruptcy. LXXXVII. And be it enacted, That no Title to any Real or Personal Estate sold under any Commission, or under any Order in Bankruptcy, shall be impeached by the Bankrupt, or any Per son claiming under him, in respect of any Defect in the suing out of the Commission, or in any of the Proceedings under the same, unless the Bankrupt shall have commenced Proceedings to supersede the said Commission, and duly prosecuted the same, within Twelve Calendar Months from the issuing thereof.

Titles to Property sold under Commission.

Assignees, with
Consent of Cre-

ditors, obtained
as herein men-
tioned, may
compound or
submit Dis-
putes to Arbi-

mence Suits in Equity.

Debtor

Dis

LXXXVIII. And be it enacted, That the Assignees, with the Consent of the major Part in Value of Creditors who shall have proved under the Commission, present at any Meeting, whereof and of the Purport whereof Twenty one Days' Notice shall have been given in the London Gazette, may compound with any to the Bankrupt's Estate, and take any reasonable Part of the Debt in discharge of the Whole, or may give Time or take Setration, or com- curity for the Payment of such Debt, or may submit any pute between such Assignees and any Persons, concerning any Matter relating to such Bankrupt's Estate, to the Determination of Arbitrators to be chosen by the Assignees and the major Part in Value of such Creditors, and the Party with whom they shall have such Dispute, and the Award of such Arbitrators shall be binding on all the Creditors; and the Assignees are hereby indemnified for what they shall do according to the Directions aforesaid, and no Suit in Equity shall be commenced by the Assignees without such Consent as aforesaid: Provided that if One third in value or upwards of such Creditors shall not attend at any Meeting (whereof such Notice shall have been given as the Assignees shall have Power, with the Consent of the Commis

Meetings of

Creditors to be attended by

One-third in

such

aforesaid),

sioners

sioners testified in Writing under their Hands, to do any of the value, or upMatters aforesaid.

wards.

LXXXIX. And be it enacted, That in any Commission against Assignees of any One or more Member or Members of a Firm, the Lord Chan- a Partner cellor may, upon Petition, authorize the Assignees to commence may use the or prosecute any Action at Law, or Suit in Equity, in the Names Names of remaining Partof such Assignees and of the remaining Partner or Partners, ners together against any Debtor of the Partnership, and may obtain such Judg- with their own ment, Decree or Order therein, as if such Action or Suit had been in Suits; who instituted with the Consent of such Partner or Partners; and if cannot release, such Partner or Partners shall execute any Release of the Debt but are to be inor Demand for which such Action or Suit is instituted, such Release shall be void: Provided that every such Partner, if no Benefit is claimed by him by virtue of the said Proceedings, shall be indemnified against the Payment of any Costs in respect of such Action or Suit; and that it shall be lawful for the Lord Chancellor, upon the Petition of such Partner, to direct that he may receive so much of the Proceeds of such Action or Suit as the Lord Chancellor shall think fit.

demnified.

required of Petitioning Credi. tor's Debt, Trading, or Act of Bankruptcy,

unless upon Notice.

XC. And be it enacted, That in any Action by or against any In Actions Assignee, or in any Action against any Commissioner or Person for acting unacting under the Warrant of the Commissioners, for any Thing der Commisdone as such Commissioner, or under such Warrant, no Proof sion, no Proof shall be required, at the Trial, of the Petitioning Creditor's Debt or Debts, or of the Trading or Act or Acts of Bankruptcy respectively, unless the other Party in such Action shall, if Defendant, at or before Pleading, and, if Plaintiff, before Issue joined, give Notice in Writing to such Assignee, Commissioner or other Person, that he intends to dispute some and which of such Matters; and in case such Notice shall have been given, if such Assignee, Commissioner or other Person shall prove the Matter so disputed, or the other Party admit the same, the Judge Certificate by before whom the Cause shall be tried may (if he thinks fit) grant Judges. a Certificate of such Proof or Admission; and such Assignee, Costs. Commissioner or other Person shall be entitled to the Costs to be taxed by the proper Officer occasioned by such Notice, and such Costs shall, if such Assignee, Commissioner or other Person shall obtain a Verdict, be added to the Costs, and, if the other Party shall obtain a Verdict, shall be deducted from the Costs which such other Party would otherwise be entitled to receive from such Assignee, Commissioner or other Person.

XCI. And be it enacted, That in all Suits in Equity by or against the Assignees, no Proof shall be required at the Hearing of the Petitioning Creditor's Debt or Debts, or of the Trading or Act or Acts of Bankruptcy respectively, as against any of the Parties in such Suit, except such Parties as shall, within Ten Days after Rejoinder, give Notice in Writing to the Assignees of his or their Intention to dispute some and which of such Matters; and where such Notice shall have been given, if the Assignees shall prove the Matter so disputed, the Costs occasioned by such Notice, to be taxed by the proper Officer, shall, if the Court see fit, be paid by the Party or Parties so giving such Notice as aforesaid, and the Service of such Notice may be proved by Affidavit upon Hearing of the Cause.

XCII. And

The same in

Suits in Equity.

Depositions conclusive in

Actions or Suits by Assignees for any Debt of the Bank

rupt, unless he dispute the Commission,

&c.

Proviso for

Debtor to Estate paying Debt into Court.

If Commission superseded, Persons from whom Assig

nees have reco

vered, &c.

Claims by
Bankrupt.

XCII. And be it enacted, That if the Bankrupt shall not (if he was within the United Kingdom at the issuing of the Commission) within Two Calendar Months after the Adjudication, or (if he was out of the United Kingdom) within Twelve Calendar Months after the Adjudication, have given Notice of his Intention to dispute the Commission, and have proceeded therein with due Diligence, the Depositions taken before the Commissioners at the Time of, or previous to the Adjudication of the Petitioning Creditor's Debt or Debts, and of the Trading and Act or Acts of Bankruptcy, shall be conclusive Evidence of the Matters therein respectively contained, in all Actions at Law or Suits in Equity, brought by the Assignees for any Debt or Demand for which the Bankrupt might have sustained any Action or Suit.

XCIII. And be it enacted, That if the Assignees commence any Action or Suit for any Money so due to the Bankrupt before the Time allowed as aforesaid for him to dispute the Commission shall have elapsed, any Defendant in any such Action or Suit shall be entitled, after Notice given to the Assignees to pay the same, or any Part thereof, into the Court in which such Action or Suit is brought, and all Proceedings with respect to the Money so paid into Court shall thereupon be stayed, and after the Time aforesaid shall have elapsed, the Assignees shall have the same paid to them out of Court.

XCIV. And be it enacted, That all Persons from whom the Assignees shall have recovered any Real or Personal Estate either by Judgment or Decree, are hereby discharged, in case the Commission be afterwards superseded, from all Demands which may thereafter be made in respect of the same by the Person or Perdischarged from sons against whom such Commission issued, and all Persons claiming under him or them; and all Persons who shall without Action or Suit bona fide deliver up Possession of any Real or Personal Estate to the Assignees, or pay any Debt claimed by them, are hereby discharged from all Claim of any such Person or Persons as aforesaid in respect of the same, or any Person claiming under him or them; provided such Notice to try the Validity of the Commission had not been given, and been proceeded in within the Time and in Manner aforesaid.

5 G.2. c.30. § 41.

Office for registering Proceedings in Bankruptcy.

XCV. And be it enacted, That all Things done pursuant to the Act passed in the Fifth Year of King George the Second, and hereby repealed, whereby it was enacted, that the Lord Chancellor should appoint a Place where all Matters relating to Commissions of Bankruptcy should be entered of Record, and should appoint a Person to have the Custody thereof, be hereby confirmed; and the Lord Chancellor shall be at liberty from time to time, by Writing under his Hand, to appoint a proper Person, who shall by himself or his Deputy (to be approved by the said Lord Chancellor) enter of Record all Matters relating to Commissions, and have the Custody of the Entries thereof; and the Person so to be appointed, and his Deputy, shall continue in their respective Offices so long as they shall respectively behave themselves well, and shall not be removed, except by Order in Writing under the Hand of the Lord Chancellor on sufficient Cause therein specified.

XCVI. And

entered of

XCVI. And be it enacted, That in all Commissions issued after No Commisthis Act shall have taken Effect, no Commission of Bankruptcy, sion, &c. reAdjudication of Bankruptcy by the Commissioners, or Assignment ceived in Eviof the Personal Estate of the Bankrupt, or Certificate of Con- dence unless formity, shall be received as Evidence in any Court of Law or Record. Equity, unless the same shall have been first so entered of Record as aforesaid; and the Person so appointed to enter Matters of Record as aforesaid, shall be entitled to receive for such Entry of every such Commission, Adjudication of Bankruptcy, Assignment, or Order for vacating the same respectively, having the Certificate of such Entry indorsed thereon respectively, the Fee Fees for Entry. of Two Shillings each, and for the Entry of every Certificate of Conformity, having the like Certificate indorsed thereon, Six Shillings; and every such Instrument shall be so entered of Record upon the Application of, or on behalf of any Party interested therein, and on Payment of the several Fees aforesaid, without any Petition in Writing presented for that Purpose; and the Lord Chancellor may, upon Petition, direct any Depositions, Proceed- cellor may diings or other Matter relating to Commissions of Bankruptcy, Matters to be to be entered of Record as aforesaid, and also appoint such Fee entered. and Reward for the Labour therein of the Person so appointed Liberty to as aforesaid, as the Lord Chancellor shall think reasonable; and search. all Persons shall be at liberty to search for any of the Matters so entered of Record as aforesaid: Provided that on the Production in Evidence of any Instrument so directed to be entered of Record, having the Certificate thereon, purporting to be signed by the Person so appointed to enter the same, or by his Deputy, the

Lord Chan

rect other

same shall, without any Proof of such Signature, be received as Evidence of Evidence of such Instrument having been so entered of Record Entry. as aforesaid.

XCVII. And be it enacted, That in every Action, Suit or Issue, Office Copies Office Copies of any original Instrument or Writing, filed in the Evidence. Office or officially in the Possession of the Lord Chancellor's Secretary of Bankrupts, shall be Evidence to be received of every such original Instrument or Writing respectively; and if such any original Instrument or Writing shall be produced on any Trial, the ducing original Costs of producing the same shall not be allowed on Taxation, that the Production of such original Instrument

unless it

appears

Costs of pro

Instrument

when not
allowed.

Commissions,
Deeds and

other Instru, ments relating to Estates and

or other Writing was necessary. XCVIII. And be it further enacted, That after this Act shall have come into Effect all Commissions of Bankrupt, and also all Deeds, Conveyances, Assignments, Surrenders, Admissions and other Assurances of, or to, or relating solely to any Freehold, Leasehold, Copyhold or Customary Messuages, Lands or Tene- Effects of ments, or any Mortgage, Charge or other Incumbrance upon, Bankrupts, not or any Estate, Right or Interest of and in any Messuages, Lands, liable to Stamp Tenements or Personal Estate, being the Estate of or belonging to any Bankrupt or Bankrupts, or Part or Parcel thereof, and which after the Execution of such Deeds, Conveyances, Assignments, Surrenders or Assurances respectively shall, either at Law or in Equity, be or remain the Estate and Property of such Bankrupt or Bankrupts, or the Assignee or Assignees appointed or chosen by virtue of the Commission issued against him or them respectively, and also all Powers of Attorney, Writs of Supersedeas

and

Duty.

Sales not liable to Auction Duty.

Punishment of Perjury and false Affirmation.

and Procedendo, Certificates of Conformity, Affidavits and all other Instruments and Writings whatsoever relating solely to the Estate or Effects of any Bankrupt or Bankrupts, or any Part thereof, or to any Proceedings under any Commission of Bankrupt, and all Advertisements inserted in the London Gazette relating solely to Matters in Bankruptcy, shall not be liable to any Stamp Duty or any other Government Duty whatsoever, and all Sales of any Real or Personal Estate of any Bankrupt or Bankrupts shall not be liable to any Auction Duty.

XCIX. And be it enacted, That any Bankrupt or other Person who shall, in any Examination before the Commissioners, or in any Affidavit or Deposition authorized or directed by the present or any Act hereby repealed, wilfully and corruptly swear falsely, being convicted thereof, shall suffer the Pains and Penalties in force against wilful and corrupt Perjury; and where any Oath is hereby directed or required to be taken or administered, or AffiProvision as to davit to be made by or to any Party, such Party, if a Quaker, Quakers.

Suit for and

Forfeitures.

shall or may make solemn Affirmation, and such Quaker shall incur such Danger or Penalty for refusing to make such solemn Affirmation in such Matters, when thereto required, as is hereby provided against Persons refusing to be sworn; and all Quakers who shall, in any such Affirmation, knowingly and wilfully affirm falsely, shall suffer the same Penalties as are provided against Persons guilty of wilful and corrupt Perjury; and all Persons before whom Oaths or Affidavits are hereby directed to be made are respectively empowered to administer the same, and also such solemn Affirmation as aforesaid.

C. And be it enacted, That all Sums of Money forfeited under Application of this Act, or by virtue of any Conviction for Perjury committed in any Oath hereby directed or authorized, may be sued for by the Assignees in any of His Majesty's Courts of Record; and the Money so recovered (the Charges of Suit being deducted) shall be divided among the Creditors.

Assignees to
keep a Book of

Account of
Bankrupt's
Estate.

Commissioners

may summon

Assignees, and require them to produce Books,

&c.

CI. And be it enacted, That the Assignees shall keep an Account, wherein they shall enter all Property of the Bankrupt received by them, and all Payments made by them on account of the Bankrupt's Estate, which Account every Creditor who shall lawful for the Commissioners, at all Times, by Writing under their have proved may inspect at all seasonable Times; and it shall be Hands, to summon the Assignees before them, and require them to produce all Books, Papers, Deeds, Writings and other Docu ments relating to the Bankruptcy, in their Possession; and if such Assignees so summoned shall not come before the Commissioners at the Time appointed (having no Impediment made known to the Commissioners at the Time of their Meeting, and allowed by them), it shall be lawful for the said Commissioners, by Warrant under their Hands and Seals, directed to such Person as they shall think fit, to cause such Assignees to be brought before them; and commit on and upon their refusing to produce such Books, Deeds, Writings, Papers or Documents as aforesaid, it shall be lawful for the said Commissioners to commit the Party so refusing to such Prison as they shall think fit, there to remain without Bail, until such Party shall submit himself to the said Commissioners.

refusal.

CII. And