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.

What Sales and Assurances shall be avoid∣ed, and where the Purchasers are safe or not.

IT is provided by Stat. 13 Eliz. That the said Act (which enables the Com∣missioners to sell the Bankrupts Lands) shall not extend to any Lands, Tenements or He∣reditaments Free or Copyhold, which hereto∣fore have been assured by any such Bank∣rupt, or hereafter shall be assured by any Bankrupt, before he became a Bankrupt. So always that such assurance be made bona¦fide, and not to the use of the Bankrupt himself only, or of his Heirs; and that the

Parties to whose such assurance hath, or shall be made, be not at or before the ma∣king such assurance privy or consenting to the fraudulent purposes of any such Bank∣rupt to deceive his Creditors.

And per Stat. 21 Jac. c. 19. It is pro∣vided, That no Purchaser, for good and va∣luable Consideration, shall be impeached by vertue of this Act, or any other Acts here∣tofore made against Bankrupts, unless the Commission to prove him or her a Bankrupt, be sued forth against such Bankrupt within five years after he or she shall become a Bankrupt.

Any Sale of Lands and Goods by a Bankrupt before he comes in Debt, or before his Trading, is without question good; and so are all the Acts he doth be∣fore he comes to appear to be a Bank∣rupt, Marsh Rep. 34.

If one be a Merchant, and not in Debt, and he purchase for another, or give to another, and there be no fraud in it to deceive the Creditors, this is good, Marsh 32.

Sir John Harrison Merchant, seised of Lands and indebted to divers persons; on Action brought against him, he con∣ceals himself, for which he was outlaw∣ed, and An. 43 becomes a Bankrupt, An. 47 he acknowledgeth two Judgments to Andrews, and An. 1648 he makes a Lease to the Plaintiff; An. 1653 Commission

issues out against him, and extends by Elegit 1650. the Plaintiff justifies as com∣ing in under Valuable Consideration of 5000 l. Per Glyn he is a Bankrupt by the Outlawry; and also by the fraudulent Lease: But he shall be accounted a Bank∣rupt* 1.1 from the first Act of Bankrupcy, 2▪ Siderfin p. 115. Radford versus Blud∣worth; and p. 176. the Question was, if the Plaintiff shall be assured by the Clause of 21 Jac. 19. as being a Pur∣chaser on a Valuable Consideration, the Bankrupt having sold above five years before the Commission sued out; when the Commission of Bankrupts is∣sues out the Creditors shall have all the benefit of all his Estate which he had Anno Dom. 1643. Excepting Purchasers for a Valuable Consideration: His being a Bankrupt after the Sale, that will not hinder Judgment for the Purchaser, 1 Keb. 11. Bradford and Bludworth.

A Man purchaseth Lands of one who is a Bankrupt, for a Good and Valuable Consideration; and a Commission is not taken out within five years; this Pur∣chaser shall not be Impeached. But if one purchaseth Land for Good and Va∣luable Consideration, before the Ven∣dor becomes a Bankrupt, it's no questi∣on but he is safe; and thus is this Clause to be understood.

J. H▪ a Bankrupt was committed two Months, An. 1651. and recommitted for another Act in 1657. then the Bank∣rupt sells the Term for years, whereof he was possessed, to the Defendant, and in 1660 the Commissioners sold to the Plain∣tiff. This Commission shall▪ not relate* 1.2 to the first Act in 51. for the words of the Act are not, after he shall first be a Bankrupt; for then the earlier being a Bankrupt, would after five years be a perpetual Supersedeas to all Tradesmen. But if one hath sold, and then five years pass without any Act of Bankrupcy, the Purchaser is safe, and no after-Act can hurt him. But where the Bankrupt conti∣nues in Possession, any after-Act is suffici∣ent to bind the Term, 16 Car. 2. Spencer and Vanacre.

A Merchant sells Land bona fide to J. S.* 1.3 and after becomes a Bankrupt, J. S. may choose to shew his Evidences.

Notes

• * 1.1

  To be account∣ed a Bankrupt from the first Act of Bank∣rupcy.
• * 1.2

  Where it shall not relate to the first Act.
• * 1.3

  Monstra l•••• Faits.