s. 11. Eng. c. 8. s. 9. Ir. 21 Jac. 1. c.19. s. 11. Eng. and 11 & 12 Geo. 3. c. 8. s. 9. Ir. if any 11 & 12 Geo.3. person shall become bankrupt, and at such time shall by the consent of the owner, have in his possession and disposition any goods or chattels, whereof he shall be reputed owner, and take upon him the sale or disposition as owner, the commissioners shall have power to sell the same, for the benefit of the creditors, as fully as any other part of the estate of the bankrupt. Goods in possession, &c. of bankrupt at the time of bankruptcy vested in commissioners. s. 9. Eng. 11 & 12 Geo.3. c. 8. s. 3. & 4. Ir. Bankrupts effects divided By the 21 Jac. 1. c. 19. s. 9. Eng. every creditor rateably nothaving security for his debts by judgment, specialty, or withstanding judgment, &c. other security, or having no security, or having made 21 Jac. 1. c.19. attachments in [*London,] or other place, of the goods *"Dublin" in of the bankrupt, (whereof there is no execution or exc. 8. Ir. tent served and executed upon any the lands, goods, and estate of such bankrupt, before such time as he shall become bankrupt) shall not be relieved upon any such judgment, &c. for more than a rateable part of their debts with the other creditors, without respect to any penalty 11 & 12 Geo.3, contained in such judgment, &c. The 11 & 12 Geo. 3. c. 8. s. 3. Ir. contains a corresponding provision; and further provides, (s. 4.) that no creditor of any scrivener, salesmaster, banker, broker, factor, dealer in exchange or merchandize, within the description of this act, though for valuable consideration, who shall sue execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution to the prejudice of other creditors, but shall be paid rateably : Provided (s. 5.) that nothing herein shall extend to any security obtained before such bankrupt shall have become a scrivener, &c.; but all debts so secured shall have the bankrupt became same effect and priority as if this act had not been made. The 21 Jac. 1. c: 19. Eng. further provides, (s. 10.) that if any lands, goods, or other estate, of any bankrupt, shall be extended after such time as he is become bankrupt, by any person under colour of his being an accountant or indebted to the king, it shall be lawful for the commissioners to examine upon oath whether the said debt were due to such debtor or accountant, upon any bargain or contract originally made between such account s. 5. Exception as to judgments obtained before a trader. 21 Jac. I. c. 19. s. 10. Eng. Fraudulent extents. ant "Such goods excepted as shall be in the custody of the bankrupt by consignment or factorage" here added by the 11 & 12 Geo, 3. c. 8. Ir. ant and the said bankrupt; and if such bargain, &c. was originally made with any other person than the said accountant, or for the use of any other person, it shall be lawful for the commissioners to dispose of all such lands, &c. so extended for the use of the creditors. By the 2 Jac. 1. c. 15. s. 5. Eng. and 11 & 12 Geo. 3. Conveyances by trader void, as unless upon child, &c. 2 Jac. 1. c. 15. 11 & 12 Geo.3. c. 8. s. 7. Ir. s. 14. Eng. chusers. s. 13. & 14. 11 & 12 Geo.3. C. Ir. c. 8. s. 7. Ir. if any person who shall be a bankrupt, &c. against creditors, shall convey to any of his children, or other person, any marriage of lands, &c. or goods, &c. or transfer his debts into other mens names, except the same shall be conveyed or trans- s. 5. Eng. ferred upon marriage of any of his children, both the parties married being of the years of consent, or for some valuable consideration, the commissioners may sell or dispose thereof as if such bankrupt had been actually seised or possessed thereof at the time he became bankrupt. But by the 21 Jac. 1. c. 19. s. 14. Eng. and 21 Jac. 1. c.19. 11 & 12 Geo. 3. c. 8. s. 6. Ir. no purchase for good and 11 & 12 Geo.3. valuable consideration shall be impeached by virtue of c. 8. s. 5. Ir. this act, unless the commission shall be sued forth against Limitation in such bankrupt within 5 years after he shall become a favour of purbankrupt. And by the 2 Jac. 1. c. 15. s. 13. & 14. Eng. 2 Jac. 1. e. 15. and 11 & 12 Geo. 3. c. 8. s. 21. & 22. Ir. the commis- Eng. sioners shall have power to assign or dispose of the debts c. 8. s. 21.&22. due to and for the bankrupt, to the use of the creditors; and such disposition of the debts shall vest the property Bankrupt incain the persons to whom they shall be so assigned, as fully pable to receve as if the bills, bonds, statutes, recognizances, judg-after assign ments, deed, or contract, whereupon such debts shall ment. arise, had been made to, with, or for said persons; and after such assignment, neither the bankrupt, nor any other to whom any such debt shall be due, shall have power to recover the same, nor to make any release, or discharge thereof; neither shall the same be attached as the debt of the bankrupt, or such other person; but the party to whom the same shall be assigned, shall have remedy to recover the same, in the name of the person to whom the same shall be so assigned or ordered, as the party himself might have had. Provided that no debtor Saving for bona of the bankrupt shall be hereby endangered for the pay-bankrupt. file payments to ment of his debt, bona fide, to such bankrupt, before he shall know that he is a bankrupt. The 19 Geo. 2. c. 32. VOL. 1. 2 T s. 1. or pay debts s. 1. Eng. 19 Geo. 2.c.32. s. I. Eng. and 11 & 12 Geo. 3. c. 8. s. 63. Ir. further 11 & 12 Geo.3. provide, that no creditor of any bankrupt for goods bona c. 8. s. 63. Ir. fide sold to such bankrupt, or for any bill of exchange Saving for bona bona fide drawn, negotiated, or accepted, by such bankfide payments rupt, in the usual course of trade, shall be liable to re by bankrupt. fund to the assignees of such bankrupt's estate, any money which before the suing forth such commission, was bona fide, and in the usual course of trade, received of such bankrupt, before the person receiving had notice that he was become a bankrupt, or in insolvent circumstan46Geo.3.c.135. ces. But the 46 Geo. 3. c. 135 s. 1. & 2. U. K. enacts, s. 1. & 2, U. K. that, in all cases of commissions of bankrupt, all conveyances by, all payments by and to, and all other transactions bankruptcy not by and with, any bankrupt, bona fide made or entered into to affect bona fide transactions. more than 2 calendar months before the date of such Secret acts of s. 3. Constructive notice. Commissioners may examine as commission, shall be good and effectual notwithstanding any prior act of bankruptcy committed by such bankrupt: provided the person so dealing with such bankrupt had not at the time of such conveyance, &c. any notice of any prior act of bankruptcy, or that he was insolvent, or had stopped payment. But by s. 3. the issuing of a commission of a bankrupt, although such commission shall afterward be superseded, or the striking docket for the purpose of issuing a commission, whether any commission shall issue thereupon or not, shall be deemed notice of a prior act of bankruptcy for the purposes of this act; if it shall appear that an act of bankruptcy had been actually committed at the time of issuing such commission or striking such docket. Next as to the proceedings upon a commission of bankto proof of debts. rupt, with relation to the creditors: By the 21 Jac. 1. c. 19. 21 Jac. I. c.19. s. 9. Eng. the commissioners may examine upon oath, or s. 9. Eng. by any other ways, any persons for the discovery of the debts owing to all such creditors as shall seek relief by such commission. The examination of witnesses touching the proof of debts seems to be provided for by the 11 & 12 Geo. 3. c. 8. s. 32. & 34. Ir.* By the 7 Geo. 1. st. 1. 7 Geo. 1. st. 1. c. 31. s. 1. & 2. Eng. and 11 & 12 Geo. 3. c. 8. s. 13. Ir. * Ante page 630-1. c. 31.s. 1. & 2. every person who shall give credit on bills, bonds, notes, Eng. 11 & 12 Gro.3. or other securities, promise or agreements for the same, c. 8. s. 13. Ir. проп in futuro may Gen. 2.c.32. s. 2. Eng. 11 & 12 Geo 3. c. 8. s. 64. Ir. tamry bonds, upon a good and valuable consideration, bona fide, which Debts payable shall not be due or payable at the time of such persons be proved. becoming bankrupt, shall be admitted to prove such securities or agreements, as if they were made payable presently; and shall receive a dividend in proportion to the other creditors, deducting only thereout a rebate of interest, and discounting such securities after the rate of £5 per cent. per annum from the actual payment to the time such money would have become payable. And the bankrupt shall be discharged from such securities, as if such money had been due before the time of his becoming bankrupt. And by the 19 Geo. 2. c. 32. s. 2. Eng. 19 and 11 & 12 Geo. 3. c. 8. s. 64. Ir. the obligee in any bottomry or respondentia bond, and the assured in any policy of insurance made upon valuable consideration, Obligees in botbona fide, shall be admitted to claim; and after the loss &c. may proce. or contingency shall have happened, to prove their debt and demands in respect of such bond or policy, in like manner as if the loss or contingency had happened before the issuing of the commission of bankruptcy against, such obligor or insurer; and shall have a proportionable dividend of such bankrupts estate; and every person against whom any commission of bankruptcy shall be awarded, shall be discharged of the debt owing on every such bond and policy of insurance, and shall have the benefit of the statutes against bankrupts, in like manner as if such loss or contingency had happened, and the money due in respect thereof had become payable, before the issuing of such commission. By the 5 Geo. 2. 5 Geo. 2. c. 30. c. 30. s. 28. Eng. and 11 & 12 Geo. 3. c. 8. s. 40. kr. 11 & 12 Geo. 3. where it shall appear to the commissioners that there hath c. 8. s. 40. Ir. been mutual credit given, or mutual debts, between the Mutual debts bankrupt and any other person, the commissioners or assignees shall state the account, and one debt shall be set against the other, and the balance only shall be claimed or paid. And the 46 Geo. 3. c. 135. s. 2. U. K. further 46 Geo. 3. provides, that every person with whom the bankrupt shall C: 135. s. 2. have bona fide contracted any debt before the date and suing forth of the commission, which if contracted before any act of bankruptcy might have been proved 2 T 2 under s. 28. Eng. C. to be set uff. U. K. Debts contracted after act of bankruptcy but before commissuch sion proveables s. 3. Set off; 5.4. Barred by certificate. Penalty for proof of a false debt. s. 29. Eng. 11 & 12 Geo.3. such commission, shall, notwithstanding any prior act of bankruptcy, be admitted to prove such debt under such commission, as if no such prior act of bankruptcy bad beep committed; provided such creditor had not, at the time of such debt being contracted, any notice of such prior act of bankruptcy. And by s. 3. where it shall appear that there has been mutual credit given, or mutual debts, between the bankrupt and any other person, one debt or demand may be set off against another, notwithstanding any prior act of bankruptcy committed by such bankrupt before the credit was given to, or the debt contracted by, such bankrupt. as if no such prior act of bankruptcy had been committed; provided such credit was given to the bankrupt 2 calendar months before the date and suing forth of such commission; and provided the person claiming the benefit of such set off had not, at the time of giving such credit, any notice of any prior act of bankruptcy by such bankrupt committed, or that he was insolvent, or had stopped payment. And by s. 4. bankrupts obtaining their certificates shall be discharged from all debts made proveable by this act. By the 5 Geo. 2. c. 30. s. 29. Eng, and 11 & 12 Geo. 3. 8. s. 41 Ir. if any person shall before the commission5 Geo. 2. c. 30. ers, or by affidavit or affirmation exhibited to them falsely swear or affirm that any sum of money is due to c. 8, s. 41. Ir. him from any bankrupt, which is not really due, or that more is due than is really so, knowing the same to be not due, such person, being convicted thereof by indictment or information, shall suffer the penalties of wilful perjury, and be liable to pay double the sum so sworn or affirmed to be due; to be recovered and levied as other penalties upon penal statutes; and such double sum shall be rateably divided amongst all the creditors seeking re15 Eliz. c. 7. lief under such commission. The 13 Eliz. c. 7. s. 7. 5. 7. & 9. Eug. Eng. also provided, that every person fraudulently deOverplus of for- manding or detaining any debt, duty, or other thing, feitures after paying creditors, should forfeit double as much as he so claimed or dehow distributed. tained. And this statute further provides (s. 8.) that if the creditors be satisfied their debts, with the proper lands, goods, and debts, of the bankrupt, or with the same and some part of the forfeitures, and there shall |