The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

The Commissioners Power concerning the Bankrupts Body, and concerning the Bankrupts Wife.

The words of the Statutes concerning this are as follow.

PER Stat. 13 Eliz. c. 7. It is enacted,

That the Commissioners by vertue of that Act, and of such Commission, shall have full Power and Authority to take by their Discretions such Or∣der and Direction with the Body and Bodies of such person, where∣soever he or she may be had, either in his or her House or Houses, Sanctuary or elsewhere, as well by Imprisonment of his or her Body or Bodies, as also with all his or her Lands, &c.

Per Stat. 1 Jac. c. 15. It is enacted,

That if upon Lawful Warning or No∣tice left, or made in Writing three se∣veral times at the Dwelling House, &c. (vide supra) the Bankrupt shall not ap∣pear, then they may make Proclamati∣on (prout supra) and if then the Bank∣rupt appear not, then the Commissioners are impowred to award a Warrant to such sit Person or Persons as they think meet, to apprehend the Body of such Offender, and to bring him, her or

them so offending before the said Com∣missioners, wheresoever the Parties so Offending may be found in place pri∣viledged or not, to be examined by the said Commissioners, or the greater part of them. And if therein the Offender or Offenders shall refuse to be exami∣ned, or refuse to answer fully to every Interrogatory, to him, her or them to be administred by the said Commissi∣oners, or the greater part of them, it shall be lawful for the said Commissio∣ners, or the greater part of them, to commit the said Offender or Offenders to some close or strait Imprisonment, there to remain until he, she or they better conform him or her self.

And by the Stat. 21 Jac. c. 19. It is Enacted,

That after such time as any Person shall by the said Commissioners, executing the said Commission, or the greater part of them, be lawfully ad∣judged or declared to be a Bankrupt; the said Commissioners, executing such Commission, shall have Power and Au∣thority to examin upon Oath, the Wife and Wives of all and every such Bank∣rupt, for the finding out and disco∣vering of the Estate and Estates, Goods and Chattels of such Bankrupt or Bank∣rupts, concealed, kept or disposed of by such Wife or Wives, in their own Per∣son and Persons, or by their own Act

or Means, or by any other Person or Persons. And that she and they, the said Wife and Wives shall incur such danger and penalty for not coming be∣fore the said Commissioners, or for re∣fusing to be sworn and examined, or for not disclosing the truth upon her or their examination, as in and by the said former Laws, or either of them is already made and provided against any other Person or Persons in the like Cases.

So that by this Law the Wise must be summoned to come before the Com∣missioners, and if she come not, or refuse to be sworn, they may im∣prison her as well as her Husband: So likewise if she refuse to discover the truth.

A Bankrupt was committed to the Fleet, the Warrant to the Warden of the Fleet was, to receive and keep in Prison, to answer and to satisfie all such matters as shall be objected against him. The Question was, If the Commissioners may license him to go at large to treat a∣bout his Debts. Per Cur. If the Warrant had been that the party should have been in Execution, then he could not be en∣larged; but the Court advised them to take security, lest he should withdraw himself. But if one had Judgment against a Bankrupt, and upon an Habeas Corpus

brought, he is committed in Execution, without a Cap’ Utlagat’ then the Com∣missioners cannot enlarge him, Noy 140. Edwards▪ Case.

By Stat. 21 Jac. c. 19. It is Enacted,

That if any Bankrupt, upon his or her Ex∣amination or Examinations to be taken before the said Commissioners executing the said Commission, be found fraudu∣lently or deceitfully to have conveyed away his or her Goods, Chattels, Lands, Tenements, Offices, Fees, Rents or An∣nuities, or other Estate, or any part thereof, to the value of 20 s. or above, to the end and purpose to hinder the execution of this Statute, or of any other the aforesaid Statutes, or thereby to defraud, delay or hinder his or her Creditors of the same, and shall not upon his or her examination discover unto the said Commissioners, and (if it lie in his or her power) deliver unto the said Commissioners all that Estate, Goods and Chattels, so fraudu∣lently and deceitfully conveyed away, as aforesaid, or by him or her, his or her means kept or detained from the said Commissioners, or that cannot make it appear unto the said Commissioners, that he or she hath sustained some casu∣al loss, whereby he or she is disabled to pay, what he or she then owed, shall or may be indicted for such fraud or

abuse, at the Assises or General Sessions, to be holden before the Judges of Assise, or Justices of the Peace of the County or Place where he or she shall become Bankrupt: And if upon such Indict∣ment or Indictments, the Bankrupt be thereof convicted, he or she so convict∣ed, shall be set upon the Pillory in some publick place, for the space of two hours, and have one of his or her Ears nailed to the Pillory, and cut off.

Notes

• Proclamation.
• Warrant.
• Imprisonment.
• Wife Examined
• The Bankrupts fraudulent con∣veyance away of his Goods.
• Indictment▪
• Pillory.