Page:Ruffhead - The Statutes at Large - vol 6.djvu/162

loo C. 30. Anno quinto Georgii II. A. D. 1732. what (hall be otherwife recovered and received, (hall not amount to fo much as will pay all and every the Creditors of fuch Bankrupt, who (hall have proved their Debts under the faid Commiffion, the Sum of ten Shillings in the Pound for their refpective Debts, after all Charges firft had and deducted, that then and in fuch Cafe fuch Bankrupt (hall not be allowed the Sum of five Pounds per Centum out of fuch Eftate, as (hall be fo recovered in; but (hall be allowed and paid by the Aflignees fo much Money, as the- faid Affignees and CommifTioners authorized as aforefaid (hall think fit to allow to fuch Bankrupt, not exceeding three Pounds per Centum. IX. Provided always, and be it further enacted by the Authority aforefaid, That from and after the twenty-fourth Day of June one thoufand feven hundred and thirty-two, in cafe any Commiffion of Bankruptcy (hall iffue againft any Perfon or Perfons, who after the faid twenty-fourth Day of June one thoufand feven hundred and thirty-two (hall have been difcharged by virtue of this Act, or (hall have compounded with his, her or their Creditors, or delivered to them his, her or their Eftate or Effects, and been releafed by them, or been difcharged by any Act for the Relief of Infolvent Debtors after the- Time aforefaid, that then and in either of thofe Cafes the Body and Bodies only of fuch Perfon and Per- In what Cafes f ons conforming as aforefaid (hall be free from Arreft and Imprifonment by virtue of this Act; but the Bankrupts fiM future Eftate and Effects of every fuch Perfon and Perfons (hall remain liable to his, her or their Creditors, Jiabie to Credi- as before the making of this Act (the Tools of Trade, the neceffary Houfhold Goods and Furniture, and tors " neceffary Wearing Apparel of fuch Bankrupt and his Wife and Children only excepted) unlefs the Eftate of fuch Perfon or Perfons, againft whom fuch Commiffion (hall be awarded, (hall produce clear- after all Charges, fufficient to pay every Creditor under the faid Commiffion, fifteen Shillings in the Pound for their refpective Debts. On what Condi- X. Provided alfo, and be it enacted by the Authority aforefaid, That no Difeovery upon Oath or to°be figned . 8 ' 68 f°'e mn Affirmation to be made by any Bankrupt or Bankrupts of his, her or their Eftate and Effects purfuant to this Act, fliall intitle fuch' Bankrupt or Bankrupts to the Benefits allowed by this Act, un- lefs the Commiffioners authorized by fuch Commiffion, or the major Part of them, (hall in Writing, under their Hands and Seals certify to the Lord Chancellor or Lord Keeper, or Commiffioners for the. Cuftody of the Great Seal of Great Britain for the Time being, that fuch Bankrupt or Bankrupts- hath or have made a full Difeovery of his or her Eftate and Effects, and in all Things conformed himfelf, herfelf or themfelves according to the Directions of this Act, and that there doth not appear to them any Reafon to doubt of the Truth of fuch Difeovery, or that the fame is not a full Difeo- very of all fuch Bankrupt's Eftate and Effects; and unlefs four Parts in five in Number and Value of the Creditors of fuch Bankrupt or Bankrupts, who (hall be Creditors for not lefs than twenty Pounds reflectively, and who (hall have duly proved their Debts under fuch Commiffion, or fome other Perfon by them reflectively duly authorized thereunto, (hall fign fuch Certificate, and teftify their Confent to fuch Allowance and Certificate, and to the faid Bankrupt's Difcharge in purfuance of this Act, to be alfo certified by fuch Commiffi6ners; but the faid Commiffioners fliall not certify the fame, till they (hall! have Proof by Affidavit or Affirmation in Writing of fuch Creditors, or of the Perfon by them reflec- tively authorized for that Purpofe, figning the faid Certificate, and of the Power and Authority by which any Perfon (hall be authorized by any Creditor to fign fuch Certificate for any Creditor; which Affidavit or Affirmation, together with fuch Warrant or Authority to fign, (hall be laid before the Lord High- Chancellor, Lord Keeper or Commiffioners of the Great Seal, with the faid Certificate, in order for the allowing and confirming the fame; and unlefs fueh Bankrupt make Oath, or being of the People called Quakers, folemnly affirm in Writing, That fuch Certificate and Confent of the Creditors thereunto were obtained fairly and without Fraud; and unlefs fuch Certificate (hall, after fueh Oath or Affirmation of the Bankrupt, be allowed and confirmed by the Lord Chancellor, Lord Keeper or Commiffioners for the Cuftody of the Great Seal of Great Britain for the Time being, or by fuch two of the juftices of the Courts of King's Bench, Common Pleas or Barons of the Court of Exchequer at Wejiminfter, to whom the Confideration of fuch Certificate (hall be referred by the Lord Chancellor, Lord Keeper or Commif- fioners of the Great Seal for the Time being; and any of the Creditors of fuch Bankrupt are allowed to be heard, if they (hall think fit, before the refpective Perfons aforefaid, againft the making fuch Cer- tificate, and againft the Confirmation thereof; nor (hall any Commmiffioner fign fuch Certificate, till after four Parts in five in Number and Value of the faid Creditors (hall have figned the fame as aforefaid. Contrafts to in- XI. And be it enacted by the Authority aforefaid, That every Bond, Bill, Note, Contract, Agree- duceCreditorsto rnent or other Security whatfoever, to be made or given by any Bankrupt, or by any other Perfon, unto voKt? erU '° ateS ' or to the Ufe of or in Truft for any Creditor or Creditors, or for the Security of the Payment of any Debt or Sum of Money due from fuch Bankrupt at the Time of his becoming Bankrupt, or any Part thereof, between the Time of his becoming Bankrupt and fuch Bankrupt's Difcharge, as a Confidera- tion, or to the Intent to perfuade him, her or them to confent to or fign any fuch Allowance or Certifi- cate, (hall be wholly void and of no Effect; and the Monies thereby fecured or agreed to be paid (hall not be recovered or recoverable; and the Party fued on fuch Bond, Bill, Note, Contract or Agreement fhall and may plead the General Iffue, and give this Act and the fpecial Matter in Evidence; any Thing herein contained, or any Law, Cuftom or Ufage to the contrary notwithftanding. Perfons except- XII. Provided always, and be it enacted by the Authority aforefaid, That nothing in this Act (hall nefitTS this Aft. ^ e conftrued to extend, or give or grant any Privilege, Benefit or Advantage, to any Bankrupt what- foever, againft whom a Commiffion of Bankrupt under the Great Seal of Great Britain, fince the faid fourteenth Day of May which was in the Year of our Lord one thoufand feven hundred and twenty- nine, hath iffued, or hereafter fhall iffue, who hath or (hall, for or upon Marriage of any of his or her Children, have given, advanced or paid above the Vaiue of one hundred Pounds, unlefs he or (he fhall prove