A. D. 1732. Anno qulnto Georgii If. C. 30. joi prove, or by his or her Books fairly kept, or otherwife upon his or her Oath, or being of the People called' Quakers,- upon folemn Affirmation,' before the major Part of the Commiffioners in fuch Com- miffion named and authorized, that he or fhe had at the Time thereof, over and above the Value fo viven, advanced or paid, remaining in Goods, Wares, Debts, ready Money, or other Eftate Real or Perfonal, fufficient to pay and fatisty unto each and every Perfon, to whom he or (lie was any ways in- debted, their full and entire Debts ; or who hath or fhall have loft 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 of twelve Months next preceding his, her or their becoming Bankrupt, in playing at or with Cards, Dice, Ta- bles, Tennis, Bowls, Billiards, Shovelboard, or in or by Cock-fighting, Horfe-races, Dog-matches or Foot-races, or other Paftimes, Game or Games whatfoever, 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 fuch as do or fhall play,, ad, ride or run as aforefaid, or that within one Year before he pr the became Bankrupt, (hall have lolt the Sum of one hundred Pounds, by one or more Contracts for the Purchafe, Sale, Refufal or De- livery of anv Stock of any Company or Corporation whatfoever, or any Parts or Shares of any Go- vernment or Publick Funds or Securities, where every fuch Contract was not to be performed within one Week from the Time of the making fuch Contracl, or where the Stock or other Thing fo bought or fold was not actually transferred or delivered in Purfuance of fuch Contracl:. XIII. And be it further enacted by the Authority aforefaid, That if any Bankrupt who fhall have ob- Bankrupt-; im- tained his or her Certificate from the acting Commiffioners, and fuch Certificate fhall have been allowed piifoned after and confirmed as by this Act is directed, fhall be taken in Execution, or detained in Prifon,- on Ac- lowed,"™ to count of any Debts due or owing before he or fhe became Bankrupt, by reafon that Judgment was ob- be difcharged. tained before fuch Certificate was allowed and confirmed, it fhall and may be lawful for any one or more of the Judges of the Court, wherein Judgment has been fo obtained againft fuch Bankrupt, on fuch Bankrupt's producing his or her Certificate allowed and confirmed, to order any Sheriff or She- . rifts, Bailiff or Officer, Gaoler or Keeper of any Prifon, who hath or (hall have any fuch Bankrupt 1 in his Cuftody, by Virtue of any fuch Execution, to difcharge fuch Bankrupt out of Cuftody on fuch Execution without Payment of any Fee or Reward ; and fueh Sheriff or Sheriffs, Bailiff or Officer, Gaoler or Keeper is and are hereby required to difcharge fuch Bankrupt out of Cuftody accordingly, and is and are hereby indemnified from any Action for an Efcape for his or their fo doing. XIV. And be it further enacted by the Authority aforefaid, That upon Certificate made under the Judges or Tu- Hands and Seals of the Commiffioners by fuch Commiffion authorized, or to be authorized, or the wawanKto"!^ major Part of them, that fuch Commiffion is iflued,- and fuch Perfon or Perfons proved before them to pre hend Ear.k- become Bankrupt or Bankrupts, it fhall and may be lawful to and for all or any of the Juftices of his rupts not cou- Majefty's Courts of King's Bench, or Common Pleas, or Barons of the Court of Exchequer, and to formin s- and for all and every the Juftices of the Peace within that Part of the Kingdom of Great Britain called England, the Dominion of Wales, and Town of Berwick upon Tweedy and they are hereby impowered and required, upon Application to them for that Purpofe made,, to grant his or their Warrant or War- rants under his or their Hands and Seals for the taking and apprehending fuch Perfon or Perfons, and him, her or them to commit to the. common Gaol of the County where he, fhe or they (hail be fo ap- prehended and taken, there to remain until he, (he or they be removed by Order of the faid Commif- fioners, or the major Part of them, by 'Warrant under their Hands and Seals; and the Gaoler or Gaolers to give- Keeper, to whofe Cuftody fuch Perfon or Perfons fhall be committed, is hereby required to-, take and N °L !co t0 Cora- receive fuoh Perfon or Perfons into his Cuftody, and forthwith to give Notice to-- one or more of the faid ml ' Commiffioners in the faid Commiffion named, of fuch Perfon or Perfons being in his or their Cuftody, to the Intent the faid Commiffioners may fend their Warrant to fuch Gaoler or Keeper (which they are hereby impowered and required forthwith to fendj for the delivering fuch Bankrupt or Bankrupts to the Perfon or Perfons named in fuch Warrant, who (hail be thereby authorized to convey and bring fuch Perfon or Perfons to the faid Commiffioners, in order to fuch Examination and Difcovery as aforefaid ; and the faid Commiffioners are hereby likewife authorized and impowered by fuch their Warrant, or any other Warrant, to take and feize any of the Goods, Wares, Merchandizes and Effects of fuch. Bankrupt or Bankrupts (the neceilary wearing Apparel of fuch Bankrupt, or of his Wife or Children only excepted) and any of his, her or their Books, Papers or Writings, which (hall be then in the Goo3s or Books Cuftody or Pofieffion of fuch Bankrupt or Bankrupts, or of any other Perfon or Perfons, in any Prifon p ,.^^ 12 " 1 in ' or Prifons whatfoever ; any Cuftom or Ufage to the contrary in any wife notwithftanding. XV. Provided always, and be it enacted by the Au.horit.y aforefaid, That if any fuch Perfon or Per- fons fo apprehended and taken, fhall within the Time or Times allowed by this Act for that Purpofe, fubmitto be examine:!, and in all Things conform, as if he, fhe or they had furrendred, as by this Act fuch Bankrupt or Bankrupts is cr are required, that then fuch Perfon fo fubmitting and conforming B an k rU pts fo fhall have and receive the Benefit of this Act, to all Intents and Purpofes, as if he, (he or they had apprehended.on' voluntarily come in and furrendred himfelf, herfeif or thernfelves; any Thing herein contained to the Conformity, to contrary thereof in any wife notwithftanding. fii o f the Aa,.~ XVI. And be it further enacted by the Authority aforefaid, That it fhall and may be lawful to and for the faid Commiffioners, or the major Part of them, to examine as well by Word of Mouthy as on- Interrogatories in Writing, all and every Perfon and Pe;fons, againft whom any Commiffion of Bank- rupt is or (hall be awarded, touching all Matters relating to the Trade, Dealings, Eftate and EfTedrs of all and every fuch Bankrupt and Bankrupts, and alfo to examine in the Manner aforefaid all and- every other Perfon duly fummoned before, or prefent at any Meeting of the faid Commiffioners, or the' major Part of them, touching all Matters relating to the Perfon, Trade, Dealings, Eftate and Effects- of
Page:Ruffhead - The Statutes at Large - vol 6.djvu/163
This page needs to be proofread.
