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.

Of the Commissioners Account to the Bank∣rupt, and of the Overplus of the Estate, if any be.

BY the Statute 13 Eliz. cap. 7. It is Provided and Enacted, That such of the said Commissioners as shall put the said Commission in execution, shall upon Lawful Request to them made by the said Bankrupt, not only make a true Declaration to the same Bankrupt, of the employing and bestowing of their said Lands, Tenements, Offices, Fees, Goods, Chattels and Debts so paid and satisfied to their said Creditors, but also make payment of the overplus of the same (if any such shall be) to the said Bankrupts, their Executors, Administrators or Assigns.

By the Statute of 1 Jac. c. 15. It is further Enacted, That such of the said Commissioners as shall put the said Commission in execution, shall upon Lawful Request to them made by the said Bankrupt, not only make a true Declaration to the said Bank∣rupt, of employing and bestowing of his, her or their said Lands, Tenements and He∣reditaments,

Offices, Fees, Goods, Wares, Monys, Chattels and Debts, which shall be paid and satisfied to their said Creditors, as is in like Case limited and appointed by the said former Statute, made in 13 Eliz. but also make payment of the overplus of the same, if any such shall be, to the said Bank∣rupts, their Heirs, Executors, Administrators and Assigns; and that the said Bankrupts, after the full satisfaction of the said Credi∣tors, shall have full power and authority to recover and receive the Residue and Remain∣der of the Debts to them owing.

If the Bankrupt die, yet his Executors shall have an Action against the Com∣missioners to account. Quaere, If all the Commissioners die, whether the Execu∣tors, or Executor of the Survivor shall be accountable.