Page:Ruffhead - The Statutes at Large - vol 2.djvu/640

59° C. 7. Anno xiii Reginse El izabet hje. A. D. 1570. cap. vir. . _, , An A ft touching Orders for Bankrupts. Who is a Bank- ° r by whom his ' T?Orafmuch as notwithstanding the Statute made againft Bankrupts in the thirty-fourth Year of the Reign Body, Lands ' Jf of our late Sovereign Lord King Henry the Eighth, thofe kind of Perfons have and do ftill increafe and Goods (hall « j n |. great and exceflive Numbers, and are like more to do, if fome better Provifion be not made for the be ordered (or c r> . — - - - - ' • • ' »- = ■ ■ • - - * - • Payment of the . Re P r Creditors. and 34&35H. S. Parliament, That it any Merchant or other Perfon, ufing or exercifing the Trade of Merchandize by way c -4- of Bargaining, Exchange, Rechange, Bartry, Chevifance, or otherwife, in Grofs or by Retail, (3) or Q ln l^ 7 ' feeking his or her Trade of Living by Buying and Selling, (4) and being Subject born of this Realm, or of f Bulftr. '134.' any the Queen's Dominions, or Denizen, (5) fithence the firft Day of this prefent Parliament hath, or at Who fhall be any Time hereafter fhall depart the Realm -, (6) or begin to keep his or her Houfe or Houfes, or otherwife fjid a Bankrupt, to abfent him or herfelf; (7) or take Sanctuary ; (8 ) or fuffer him or herfelf willingly to be arretted for any 1 jac. 1. c 15. Tj)e{3 t or ther Thing, not grown or due for Money delivered, Ware fold, or any other juft or lawful Caufe, eGeo' z t. 50. or g 00( i Confideration or Purpofes, (9) hath or will fuffer him or herfelf to be outlawed, or yield him or Bac. Mr'. V. i. herlelf to Prifon, or depart from his or her Dwelling-houfe or Houfes, (10J to the Intent' or Purpofe to de- 247- fraud or hinder any of his or her Creditors, being alfo a Subject-born as is aforefaid, of the juft Debc or Wood Ft. 1. 96. D u ty of fuch Creditor or Creditors, fhall be reputed, deemed and taken for a Bankrupt. The Lord Chan- jj_ And be it enacted by the Authority aforefaid, That the Lord Chancellor of England, or Lord Keeper a C c° r miffon"' °^ ^ ^ reat ^al °- England, for the Time being, upon every Complaint made to him in Writing, againft take Order for an y fuch Perfon or Perfons being Bankrupt as is before defined, fhall have full Power and Authority by Corn- Bankrupts Bo- million under the Great Seal of England, to name, affign and appoint fuch wife and honed difcreet Perfons dies, Lands and as to him fhall feem good : (2) Whoor the moft Part of them, by Virtue of this Aft and of fuch Commiffion^ Coods. fhall have full Power and Authority to take by their Difcretions fuch Order and Direction with the Body of che Com-' ty an< ^ Bodies of fuch Perfon wherefoever he or fhe may be had, either in his or her Houfe or Houfes, Sanc- miffioners. r tuary or elfewhere, as well by Imprifonment of his or her Body or Bodies ; (3) as alfo with all his or her z Bulit. 26, Lands, Tenements, Hereditaments, as well Copy or Cuftomary Hold as Freehold, which he or fhe fhall 236, &c. have in his or her own Right before he or fhe became Bankrupt ; (4) and alfo with all fuch Lands, Tene- ments and Hereditaments, as fuch Perfon fhall have purchafed, or obtained for Money or other Recom- pence, jointly with his Wife, Children or Child, to the only Ufe of fuch Offender or Offenders ; (5) or of or for fuch Ule, Intereft, Right or Title as fuch Offender or Offenders then fhall have in the fame, which he or fhe may lawfully depart withal ; (6) or with any Perfon Or Perfons of Truft to any fecret Ufe of fuch Offender or Offenders; (7) and alfo with his or her Money, Goods, Chattels, Wares, Merchandifes and Debts, wherefoever they may be found or known ; (8) and caufe the laid Lands, Tenements, Fees, An- nuities, Offices, Goods, Chattels, Wares, Merchandifes and Debts to be fearched, viewed, rented and The Commiffio- appraifed to the bell- Value they may ;. (9) and by Deed indented, inrolled in one of the Queen's Majefty's Bankrura Courts of Record, to make Sale of the faid Lands, Tenements and Hereditaments, and of all Deeds, Wri- Lands Goods tings and Evidences touching only the fame, belonging to fuch Offender or Offenders, Debtor or Debtors ; &c. and alfo of all Fees, Annuities, Offices, Goods and Chattels ; (10J or otherwife to order the fame for March 36. t m e Satisfaction and Payment of the faid Creditors ; that is to fay, To every of the faid Creditors a Portion, Rate and Rate like, according to the Quantity of his or their Debts : (n) And that every Direction, Order, Againft what Bargain, Sale and other Things done by the faid Perfons fo authorifed as is aforefaid, in Form aforefaid, Comm^ffioners fhall be good and effectual in the Law, to all Intents, Conftructions and Purpofes, againft the faid Offender Sale of a Bank- or Offenders, Debtor or Debtors, his or their Wife or Wives, Heir or Heirs, Child and Children, and rupt's Lands, fuch Perfon and Perfons as by fuch joint Purchafe with the faid Offender or Offenders as is aforefaid have or 9°! , . d ?' &c " .. fhall have any Eftate or Intereft in the Premiffes ; (12) and againft all other Perfon or Perfons claiming by, aMe e a " from or under fuch Offender or Offenders, Debtor or Debtors, by any Act or Acts had, made or done after jCok.15. any fuch Perfon fhall become Bankrupt as is aforefaid ; (13) and alfo againft the Lords of the Manors, Cro. Car. 149. whereof the faid Copyhold or Cuftomary Lands been holden, their Heirs, Succeffors and Affigns, and Hob. 287. every of them. Ve idees of Co- • IIL Provided always, and be it enacted by the Authdrity aforefaid, That all and every Perfon or Perfons;, pyhold Lands to whom any fuch Sale of Copyhold or Cuftomary Lands or Tenements fhall be made, fhall before fuch (hail compound Time as they or any of them fhall enter or take any Profit of the fame Lands or Tenements*, agHee and com- with the Lord pound with the Lords of the Manors of whom the fame fhall be holdeh ; for fuch Fines or Incomes as here- for thei'Fines tofore hath been moil: ufual and accuftomed to be yielded or paid therefore : (2) And that upon every fuch Agreement or Compofition, ihe faid Lords for the Time being, at the next Court to be holden at or for the faid Manors, fhali not only grant unto the faid Vendee or Vendees upon Requeft, the fame Copy or Cufto- mary Lands or Tenements by Copy of Court-Roll of the fame Manors for fuch Eftate or Intereft as to them mall be fo fold, and referving the ancient Rents, Cuftoms and Services, . but alfo in the fame Court admit them Tenants of she fame Copy or Cuftomary Lands, as other Copyholders of the fame Manors have beeii wont to be admitted, and to receive their Fealty accordingly. The Ccmvmiflio- jy. Provided always, and be it enacted by the Authority aforefaid, That fuch of the faid Commiffioners nenihjli declare as ^jj p U( . ^ r a j e j CommifTion in Execution, fhall upon lawful Requeft to them made by the faid Bank- h»w they"hlve rupts, not only make a true Declaration to the fame Bankrupt, of the Employing and Befto wing of their beftiwed his faid Lands, Tenements, Offices, Fees, Goods, Chattels and Debts fo paid and fatisficd to their faid Cre- LwiJi and ditOtS,