s. 10. Eng.

c. S. s. 47. Ir.

any may sign certi

5 Geo. 2. c. 30.

c. 3. s. 48. Ir.

cellor, or by such two of the judges of the court of K. B. or C. B. or Exc. to whom the consideration of such certificate shall be referred by the lord chancellor: And any of the creditors of such bankrupt shall be heard before the respective persons aforesaid against the making of such certificate, and against the confirmation thereof: Nor shall any commissioner sign such certificate, till after four parts in five, in number and value, of the creditors, shall have signed the same. The 24 Geo. 2. c. 57. 24(ieo. 2. c. 57. s. 10. Eng. and 11 & 12 Geo. 3. c. 8. s. 47. Ir. provide, 11 & 12 Geo.3. that where the creditor of any bankrupt resides in foreign parts, the letters of attorney of such creditor, attested Creditor abroad by a notary public, shall be a sufficient authority to person to sign the certificate. By the 5 Geo. 2. c. 30. ney. s. 11. Eng. and 11 & 12 Geo. 3. c. 8. s. 49. Ir. every s. 11. Eng. bond, bill, note, contract, agreement or security, to be 11 & 12 Geo.3. made or given, to or for any creditor, as a consideration to persuade him to sign such certificate, shall be void; and Securities to induce certificate the party sued on such bond, &c. may plead the general void. issue, &c. And by the 24 Geo. 2. c. 57. s. 9. Eng. and 11 & 12 Geo. 3. c. 8. s. 50. Ir. where any person shall s. 9. Eng. fraudulently swear or affirm before the commissioners, or c. s. s. 50. Ir. by affidavit or affirmation exhibited to them, that a sum of money is due to him from any bankrupt which shall Certificate frau... not be really due, and shall in respect of such pretended debt sign his consent to the certificate for such bankrupt's discharge from his debts; unless such bankrupt shall, before such time as the commissioners shall have signed such certificate, by writing by him signed and delivered to one of the commissioners or assignees, disclose the said fraud, and object to the reality of such debt, such certificate shall be void, and such bankrupt shall not have

any

24 Geo. 2. c.57.

11 & 12 Geo. 3.

dulent, void.

s. 13. Eng.

of the benefits [*of the 5 Geo. 2. c. 30.] By the 5 Geo. 2. § Geo. . c. 30. c. 30. s. 13. Eng, and 11 & 12 Geo. 3. c. 8. s. 49. Ir. if any 11 & 12 Geo.3 bankrupt who shall have obtained his certificate shall be c. 8. s. 49. Ir. taken in execution, or detained in prison, on account of any Certificate sudebts owing before he became bankrupt, by reason that persedes ca sa judgment was obtained before such certificate was allowed; before bank it shall be lawful for any one of the judges of the court, ruptcy wherein judgment has been so obtained, on such bank

"Given by this att" in 11 & 12 Geo. 3, c. 8. Ir.

rupt's

for debt due

Bankrupts in

what cases de

banned from obtaining certifi

cates.

s. 12. Fug.

11 & 12 Gea.^.

the 11 & 12

+ This clause not in the

e. S. Ir.

rupt's producing his certificate allowed, to order any sheriff or gaoler who shall have such bankrupt in his custody, to discharge such bankrupt without fee.

By the 5 Geo. 2. c. 30. s. 12. Eng. and 11 & 12 Geo. 3. C. 8. s. 51. Ir. nothing in this act shail give any advantage to any bankrupt who shall, upon the marriage of 5 G/o. 2. c. 30. any of his children, have given above the value of £100 unless he shall prove by his books, or otherwise upon his e. 8. s. 51. Ir. oath or affirmation before the commissioners, that he had at the time thereof, above the value so given, sufficient to pay every person to whom he was indebted, their full debts; or who shall have lost in one day the value of £5, *"£300" in or in the whole the value of £*100, within 12 months next Geo, 3.-c. 8. Ir. preceding his becoming bankrupt, at cards, dice, tables, tennis, bowls, billiards, shovel-board, or cock-fighting, horse-races, dog-matches, or foot-races, or other game, or by bearing a share in the stakes, or betting; [for that 11 & 12 Geo.3, within one year before he became bankrupt, shall have lost £100 by contracts for stock, or shares of any public funds, where such contract was not to be performed within a week from the making, or where the stock was not actually transferred in pursuance of such contract.] 30 Geo.3. c.23. The 30 Geo. 3. c. 23. s. 2. Ir. further provides, that no bankrupt shall be entitled to his certificate, unlesss it shall Bankrupt to appear to the commissioners, that he hath kept fair and keep regular books to entitle regular books of account, such as a trader ought to keep. him to certificate. But the 39 Geo. 3. c. 57. s. 2. Ir. recites, that it may often happen that traders, either through ignorance, or misfortune, may not have kept regular books pursuant to the provisions of the laws relating to bankrupts; and therefore provides, that every such bankrupt may petition the lord chancellor, setting forth the special circumstances of his case, and that it shall be lawful for the lord chancellor upon due investigation thereof, to make such order for allowing the certificate of such bankrupt, provided it shall appear that the said bankrupt shall have fully complied with all other requisites.

s. 2. Ir.

39 Geo. 3. c.57.

s. 2. Ir.

But chancellor

may receive excuse for such irregularity.

Future estate

of bankrupt

By the 5 Geo. 2. c. 30. s. 9. Eng. in case any commisliable in case of sion of bankruptcy shall issue against any person who shall have been before discharged by virtue of this act,

bankruptcy a

second time.

or

or shall have compounded with his creditors, or delivered 5 Gen. 2. c. 30. s. 9. Eng. to them his estate and effects, and been released by them, or been discharged by any act for the relief of insolvent debtors, then the body only of such person conforming shall be free from arrest and imprisonment; but the future estate of such person shall remain liable to his creditors (the tools of trade, necessary household goods, and necessary wearing apparel, of such bankrupt, and his wife and children, excepted) unless the estate of such person shall produce clear 158. in the pound. The 11 & 12 Geo. 3. c. 8. s. 45. Ir. con- 11 & 12 Geo S. tained a similar provision: But by the 17 & 18 Geo. 3. c. 45. s. 11. Ir. whensoever any person, who had at any time before been a bankrupt and obtained his certificate, shall again become a bankrupt, and shall not have effects sufficient to satisfy the demands of his creditors, in such case the property which shall come to or be acquired by such bankrupt after his having become a second time a bankrupt, shall be subject to all such debts as shall have been contracted by him after the time of his having first become a bankrupt.

c. 8. s. 45. ir.

17

& 18 Geo S.

c. 45. s. 11. Ir,

partners, or

10 Ann. c. 15.

c. S. s. 62. Jr.

11 & 12 Geo S

By the 10 Ann. c. 15. s. 3. Eng, and 11 & 12 Geo. 3. Certificate mot c. 8. s. 62. Ir. the discharge of any bankrupt from the to discharge codebts by him owing at the time he did become bank-co-obligors. rupt, shall not be construed to release or discharge any 3.3. Eng. person who was a partner with such bankrupt in trade at 11 & 126 0.3. the time he so became a bankrupt, or who then stood jointly bound, or had made any joint contract, with such bankrupt. By the 5 Geo. 2. c. 30. s. 36. Eng. and 5 Geo. 2 c. 11 & 12 Geo. 3. c. 8. s. 56. Ir. after any bankrupt shall 5. 56. Eng. have obtained his certificate and the same shail be duly c. 8. s. 56. Ir. confirmed, he shall be obliged to give his attendance upon every reasonable notice in writing being given to withstanding his him, or left at his usual place of abode, by the assignees, attend as ignes. in order to settle any account of such bankrupt's estate, or to attend any court of record to be examined touching the same, or for such other business as such assignees shall judge necessary for getting in the bankrupt's estate ; for which attendance he shall be allowed 2s. 6d. per diem; and in case such bankrupt shall neglect to attend, or refuse to assist in such discovery, without good cause

Pankrupt, not

ce:tibente, to

Se.

to

to be shewn to the commissioners, to be by them allowed, (such assignees making proof thereof, upon oath or affirmation, before the commissioners,) the commissioners shall issue a warrant, to such persons as they shall think proper, for apprehending such bankrupt, and to commit him to the county gaol, there to remain until he shall conform to the satisfaction of the commissioners, and be by the commissioners, or by the lord chancellor, or by due course of law, discharged; and such gaoler shall keep such person in close custody, within the walls of * Vide p. 632. the prison, under the penalties before mentioned* for suffering such prisoners to escape.

Duty and powers of commissioners in

respect to assign

property.

13 Eliz. C. 7

With respect to the way in which the proceedings on a commission of bankrupt affect or transfer the estate and ing bankrupts property of the bankrupt: The 13 Eliz. c. 7. s. 2. & 3. Eng. enacts, that the commissioners shall cause the s. 2. & 3. Eng. lands, tenements, hereditaments, fees, annuities, offices, goods, chattels, wares, merchandizes, and debts, of such person, to be appraised to the best value, and by deed indented, and inrolled in one of the king's courts of record, to make sale of the said lands, &c. and of all deeds and writings touching only the same, belonging to such bankrupt, and also of all chattels, &c.; or otherwise to order the same for satisfaction of the creditors; to every creditor a portion, rate and rate-like, according to the quantity of their debts: and every thing done by the said commissioners, shall be good in law against Effect of such the said offender, his wife, heirs, children, and such persons as by joint purchase with the bankrupt shall have any estate or interest in the premises, and against all other persons claiming by or under such bankrupt by any act done after such person shall become bankrupt; [and also against the lords of the manors whereof the copyhold lands be holden: Provided that every person to whom any such sale of copy-hold lands shall be made, shall, before they take any profit of the same, agree with the lords of the manors for the fines accustomed to be paid; and upon such agreement, the lords, at the next court, shall not only grant unto the vendees, upon request, the same customary lands by copy of court-roll, for such es

assignment.

tate

11 & 12 Geo.3.

s. 13.

tate as to them shall be sold, reserving the ancient rents, customs, and services, but also admit them tenants, and receive their fealty.] And by the 21 Jac. 1. c. 19. s. 12. 21Jac. 1. c. 19. Eng. the commissioners shall have power, by deed in- s. 12. Eng. dented, and inrolled within 6 months after the making in Estates tail some court of record at [*Westminster,] to bargain, sell, conveyed without and convey, any lands, &c. whereof any bankrupt shall *« Dublin" in be seised of any estate tail, in possession, reversion, or c. 8. B. 3. Ir. remainder, and whereof no reversion or remainder shall be in the king, of the gift or provision of his majesty, his progenitors or successors, for the benefit of his creditors; and all bargains, sales, and conveyances, shall be good against all persons whom the bankrupt by common recovery, or other means, might debar from any remainder, reversion, rent, profit, title or possibility, of the said lands, &c. And by s. 13. if any bankrupt shall convey or assure any lands, goods, or estate, unto any Mortgages, &c. person, upon condition or power of redemption at a day redeemable by to come by payment of money or otherwise, it shall be lawful for the commissioners, before the time of the performance of such condition, to appoint, under their hands and seals, persons to make tender of money, or other performance, according to the nature of such condition, as fully as the bankrupt might have done; and the commissioners shall, after such tender or performance, have power to sell such lands, &c. for the benefit of the creditors, as fully as they may sell any the estate of the bankrupt. The 11 & 12 Geo. 3. c. 8. s. 3. Ir. has incorporated these provisions of the 13 Eliz. c. 7. s. 2. & 3. 11 & 12 Geo.3. and 21 Jac. 1. c. 19. s. 12. & 13. save so far as respects copy-hold lands. And by the 13 Eliz. c. 7. s. 11. Eng. 13 Eliz. e. 7. and 11 & 12 Geo. 3. c. 8. s. 8. Ir. if any person declared 11 & 12 Geo.3. a bankrupt shall, at any time after, purchase lands, &c. c. 8. s. S. Ir. or goods, &c. or any lands, &c. or goods, &c. shall descend or come to such bankrupt, before his debts shall be

commissioners.

c. 8. s. 3. Ir.

s. 11. Eng.

Property acquired, &c. by bankrupt after

vested in coIR,

fully satisfied or agreed for, the said lands, &c. and bankruptcy goods, &c. shall by the commissioners be bargained, sold, missioners: extended, delivered, and used, for payment of the said creditors, in like manner as other the lands, &c. and goods, &c. of the bankrupt. By the 21 Jac. 1. c. 19.

S. 11.