s. 11. Witnesses to be paid their ex penses. all such persons as shall so refuse to be sworn, &c. and also to direct their warrant to such persons as by them shall be thought meet, to apprehend such persons as shall refuse to appear, and to bring them before the commissioners to be examined; aud upon their refusal to come or be examined, to commit the party so refusing to such prison as the commissioners shall think meet, until the said person shall submit himself to the commissioners, and be by them examined according to the 13 Eliz. c. 7.. and this act. Provided (s. 11.) that such witnesses as shall be so sent for, shall have such costs as the commissioners shall think fit; to be rateably borne by the cre11 & 12 Geo.3. ditors. And the clause of the 11 & 12 Geo. 3. c. 8. c. 8. s. 32. Ir. s. 32. Ir. is analogous, which provides, that it shall be Analogous pro- lawful for the commissioners to send for and call before them, by such warrant or means as they shall think fit, such persons as they shall know or believe, can give any account of any act of bankruptcy committed by such person against whom any commission shall have issued, or of the estate or effects of such person; and to examine them in such manner as herein after mentioned, touching such bankrupt's estate and effects; and if any such person, on payment or tender of such reasonable charges as the said commissioners shall think sufficient, shall neglect or refuse to come and appear, not having a lawful excuse to be allowed by the commissioners, it shall be lawful for the commissioners, by warrant under their hands and seals, to apprebend any person so offending, and him to commit to such prison as by the commissioners shall be thought meet, there to remain until he shall submit himself to the commissioners, to appear, and be examined as hereinafter mentioned Provided (s. 33.) that such witnesses as shall be so sent for shall have such costs as the commissioners shall think fit, to 5. 16. 17. & 13. be paid out of the effects of such bankrupt. The 11 & 12 Geo. 3. c. 8. s. 34. 35. & 36. Ir. has followed the c. 8. s. 34-5-6. 5 Geo. 2. c. 30. s. 16. 17. & 18. Eng. in providing that it shall be lawful for the commissioners to examine, as well by word of mouth as upon interrogatories in writing, every person against whom any commission shall be awarded, 5.33. 5 Geo. . c. 30. Eng. 11 & 12 Geo.3. Ir. touching may examine terrogatories. *touching all matters relating to the trade, and effects of Commissioners such bankrupt, and also to examine every other person viva voce, as duly summoned or present at any meeting of the commis- well as on insioners, touching all matters relating to the person, trade, and effects of such bankrupt, and any act of bankruptcy committed by him; and also to reduce into writing the answer of such bankrupt, or other person, which examination the party examined is required to subscribe, and in case such bankrupt, or other person, shall refuse to answer, or shall not fully answer, to the satisfaction of the commissioners, all lawful questions put by the commissioners, or shall refuse to subscribe his examination (not having a reasonable objection to the wording thereof, or otherwise, to be allowed by the commissioners,) it shall be lawful for the commissioners, by warrant, to commit him to such prison as the commissioners shall think fit, there to remain without bail until such person shall submit himself to the commissioners, and full answer make, to the satisfaction of the commissioners, to all such questions as shall be put to him, and subscribe such examination as aforesaid. Provided that in case any person shall be committed by the commissioners for refusing to answer, Warrant of or not fully answering, any question, the commissioners committal to be shall in their warrant of commitment specify such question. And in case any person committed by the commissioners warrant [tshall bring a habeas corpus] to be discharged from any such commitment, if there shall appear any insufficiency in the form of the warrant, it shall be lawful for the court or judge by rule or warrant to commit every such person to the same prison till such person shall conform as aforesaid, unless it shall appear that he bath fully answered all lawful questions put to him by the commissioners; or in case such person shall have till questions been committed for not signing the examination, unless it shall appear to such court, &c. that the party had a sufficient reason for refusing to sign the same. And in case special. re committal ansteered. * "And the wife of any such prison” here added in 11 & 12 Geo. 3. c. 3. Ir. "Sha Im the application to any court or judge having proper jurisdiet.on" the 11 & 12 Geo. 3. c. 8. fr. ar the words Penalty on pauler for escape. s. 19. Fng. c. 8. s. 37 Ir. case any gaoler shall wilfully suffer any such person to escape, o go without the walls or doors of such prison, until he shall be duly discharged as aforesaid, he shall for such offence, being convicted [+by indictment or information] forfeit [+£500] for the use of the 5 Geo. 2. c. 30. creditors of such bankrupt. But by the 5 Geo. 2. e. 30. 11 & 12 Geo.3. s. 19. Eng. and 11 & 12 Geo. 3. c. 8. s. 37. Ir. such gaoler, &c. shall upon request, in the day time, of any creThe gaoler shall ditor having proved a debt under the commission, and proproduce such ducing a certificate thereof under the hands of the commisperson to any creditor. sioners, (which certificate the commissioners shall give gratis) forthwith produce such person so committed; and in case such gaoler shall refuse to shew such person so committed, and being in his actual custody at the time of such request, he shall forfeit £100 for the use of the creditors of such bankrupt, to be recovered by action of debt in any court of record at [*Westminster,] in the name of such creditor requesting the sight of such prisoner. Penalty. Reward for discovering pro perty concealed. Eng. c. 8. s. 38. & 39. Ir. By the 5 Geo. 2. c. 30. s. 20. & 21. Eng. and 11 & 12 Geo. 3. c. 8. s. 38. & 39. Ir. every person who shall, after 5 Geo. 2. c. 30. the time allowed to such bankrupt to surrender and cons. 20. & 21. form, voluntarily make discovery of any part of such bank11 & 12 Gen.3. rupt's estate to the assignees or commissioners, not before come to the knowledge of the assignees, shall be al-, lowed £5 per cent, and such further reward as the assignees, and the major part of the creditors in value present at any meeting of the creditors, shall think fit, to be paid out of the neat proceed of such bankrupt's estate which shall be recovered on such discovery, which shall be paid to the person so discovering the same, by the assignees, and be allowed them in their accounts. And every person who shall have accepted of any trust, and shall wilfully conceal any estate, real or personal, of any bankrupt, and shall not, within 42 days after such commission shall issue, and notice given in the Gazette, discover such trust and estate in writing to one of the commissioners or assignees, and submit to be examined (if + Not in 11 & 12 Geo. 3. c. 8. s. 36. Ir. "£300" by the 11 & 12 Geo. 3. c. 8. s. 36. Ir. concealment. 11 & 12 Geo.3. s. 8. Eng. (if required) shall forfeit £100, and double the value of Fenalty for the estate concealed, to the creditors; to be recovered by action of debt in any court of record at [†Westminster,]+"Dublin” in in the name of the assignees; in which case full costs c. 8. s. 39. Ir. shall be allowed to either party. By the 21 Jac. 1. c. 19. 21 Jac. 1.c.19. s. 8. Eng. and 11 & 12 Geo. 3. c. 8. s. 42. Ir. it shall 11 & 12Geo. 3. be lawful for the commissioners, or any other persons or c. 8. s. 42. Ir. officers by them appointed, by their warrant under their Commissioners hands and seals to break open the houses, chambers, shops, may break open warehouses, doors, trunks or chests, of the bankrupt, where the said bankrupt, or any of his goods or estate, shall be reputed to be; and to seize upon, and order, the body, goods, money, and other estate of such bankrupt, as by the former laws are appointed, by imprisonment, or otherwise, as by the commissioners shall be thought meet. houses, &c. in search of bankrupt's property. c. 30. s. 7. 8. S 10. Eng. c. 8. s. 43. 44. & 46. Ir. By the 5 Geo. 2. c. 30. s. 7. 8. & 10. Eng. and 11 & Allowance to 12, Geo. 3. c. 8. s. 43. 44. & 46. Ir. every bankrupt who bankrupt conforming. shall surrender and conform as hereby directed, shall be 5 Geo. 2. allowed £5 per cent, out of the neat produce of the estate, in case the neat produce, after such allowance made, 11 & 12 Geo.3. shall be sufficient to pay the creditors, who shall have proved their debts under the commission, 10s. in the pound; and so as the said £5 per cent. shall not amount to above £200; and in case the neat produce (over and above the allowance) shall be sufficient to pay 12s. 6d. in the pound, then every person so conforming shall be allowed £7. 10s. per cent. so as such allowance shall not amount to above £250; and in case the neat produce shall, over and above the allowance, be sufficient to pay 155. in the pound, then every person so conforming shall be allowed £10 per cent. so as such allowance shall not amount to above £300; and every such bankrupt shall be discharged from all debts owing at the time when he did become bankrupt. And in case such bankrupt shall afterwards be arrested or impleaded for any debt due before he became bankrupt, he shall be discharged upon com- bankrupt's ceTtificate. mon bail, and may plead in general, that the cause of action or suit did accrue before such time as he became bankrupt; and the certificate of such bankrupt's con forming, Ffect of to contain. 、 forming, and the allowance thereof, shall be allowed as sufficient evidence of the trading, bankruptcy, commission, and other proceedings precedent to the obtaining such certificate; and a verdict shall thereupon pass for such defendant, unless the plaintiff shall prove that such certificate was obtained unfairly, or make appear any concealment by such bankrupt to the value of £10, and such defendant shall recover full costs of verdict, non-suit, or judgment. But if the neat produce of the estate shall not amount to 10s. in the pound, after all charges deducted, such bankrupt shall not be allowed the £5 per cent, but shall be allowed so much as the assignees and commissioners shall think fit, not exceeding £3 per cent. Certificate what But no discovery by any bankrupt of his estate and effects shall entitle him to the benefits allowed by this act, unless the commissioners shall, under their hands and seals, certify to the lord chancellor that such bankrupt hath made a full discovery of his estate, and in all things conformed himself according to the directions of this act, and that there doth not appear to them any reason to doubt of the truth of such discovery; and unless four parts in five, in number and value, of the creditors, (who shall be creditors for not less than £20 respectively, and who shall have proved their debts under such commission,) or some other person by them respectively duly authorized, shall sign such certificate, and testify their consent to such allowance and certificate, and to the bankrupt's discharge, to be also certified by such commissioners: but the commissioners shall not certify, till they have proof by affidavit or affirmation in writing, of such creditors, or of the persons by them authorized, signing the certificate, and of the authority by which any person shall be authorized by any creditor to sign such certificate; (which affidavit, &c. together with such authority to sign, shall be laid before the lord chancellor, with the said certificate;) and unless such bankrupt shall make oath, or affirm, in writing, that such certificate, and consent of the creditors thereunto, were obtained Certificate to be fairly, and without fraud; and unless such certificate confirmed by chance! or, &c. shall, after such oath, &c. be allowed by the lord chan By whom signed. Affidavit required. cellor. |