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.

An Indenture of Assignment by the Commissi∣oners of Bankrupts.

THIS Indenture made, &c. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary, by the Grace of God of England, Scotland, France and Ireland King and Queen, Defenders of the Faith, &c. Be∣tween A. B. Esq; C. D. Gent. and E. F. Gent. of the one part, and T. R. of Lon∣don Stationer, of the other part. Where∣as the King and Queens Majesties Commission, under the Great Seal of England, grounded upon the several Sta∣tutes made concerning Bankrupts, bear∣ing date at Westminster the, &c. day of, &c. last past, hath been awarded against Elizabeth K. of, &c. in the County of, &c. Chapwoman, and directed to the said A. B. C. D. E. F. together with W. B. Esq; and J. G. Gent. thereby giving full Power and Authority unto the said Commissioners, four or three of them,* 1.1 whereof the said A. B. or W. B. to be one to execute the same; As by the said Commission, relation being thereunto had, the same doth, and may more fully and at large appear. And Whereas the said Commissioners, Parties to these Pre∣sents, or the major part of the Commissi∣oners by the said Commission authorised, having begun to put the said recited

Commission in Execution, upon due ex∣amination of Witnesses, and other good proof upon Oath before them taken, do find that the said E. K. hath for the space of six years last past, or thereabouts, used and exercised the Trade and Profession of a Milliner or Country Mercer, in Buy∣ing and Selling of Silks, Stuffs and other Wares and Commodities belonging to her said Trade, at her House and Shop in C. aforesaid; and sought and endea∣voured to get her Living by Buying and Selling, and that she the said E. K. so seek∣ing and endeavouring to get her living by Buying and Selling, during the time of her said Trading and Dealing, did become just∣ly and truly indebted, and still doth owe and stand indebted unto the above na∣med T. R. and others her Creditors in the sum of Three Hundred Pounds of Lawful Mony of England, and upwards;* 1.2 and being so indebted, she the said E. K. did in the judgment of the said Com∣missioners, Parties to these Presents be∣come Bankrupt to all intents and pur∣poses, within the Compass, true intent and meaning of the several Statutes made concerning Bankrupts, or within some, or one of them, before the date and su∣ing forth the said Commission. And Whereas also the said Commissioners, Parties to these Presents, or the major part of the Commissioners, by the said Commission authorised, having also found out and discovered, that the said

E. K. at the time, and since she became a Bankrupt, as aforesaid, was possessed of, and interested in divers Goods, Wares and Merchandises, Houshold-stuff and Implements of Houshold, Bedding, Lin∣nen, Brass, Pewter and other Commodi∣ties; and that other Goods of hers were* 1.3 removed and come to the Hands, Cu∣stody and Possession of divers and sun∣dry Persons, since the time as she the said E. K. became a Bankrupt, as afore∣said, and such Goods being returned, and the same, and all other the Goods, Wares and Merchandizes Houshold-stuff and Implements of Houshold, and other Commodities remaining in the House and Shop of the said E. K. were seised* 1.4 by vertue of the Commissioners Warrant, and the same being so seised, the Com∣missioners, Parties to these Presents, or the major part of the Commissioners, by the said Commission authorised, caused such Goods, Wares, Merchandizes and Commodities to be inventoried and duly appraised by honest Men of Skill and* 1.5 Judgment, who did value and apprise such Goods, Wares and Merchandizes, Hushold-stuff and Commodities, at the full values as by the particular Invento∣ry and Appraisment sent unto the Com∣missioners may appear. The value whereof in the total amounted unto the sum of 248 l. 17 s. of Lawful Mony of England. And Whereas the said T. K.

hath since sold and disposed of all the before-mentioned Goods, Wares and Commodities, at the full values mentio∣ned and expressed in such Appraisment, unto several persons, some whereof are paid for, and others as yet unpaid for, and owing upon Securities. And they the said Commissioners, Parties to these Presents, do further find, that there are divers Debts, sum and sums of Mony due and owing unto the said E. K. and her Estate by, and from divers and sun∣dry persons, the particulars of which said Debts, and the several and respe∣ctive* 1.6 persons names that do severally and respectively owe the same, are men∣tioned, set down and expressed in a Sche∣dule, indented to these Presents annexed. Now this Indenture witnesseth, That the said Commissioners, Parties to these Presents, by form and vertue of the said Commission, and the several Acts of Par∣liament therein mentioned and expressed, and also for, and in consideration of the Covenants herein, after on the part and behalf of the said T. R. his Heirs Exe∣cutors and Administrators covenanted to be performed and done, Have Order∣ed, Assigned and set over, and by these Presents do as much as in them the said Commissioners lieth, and they lawfully may, Order, Assign and set over unto the* 1.7 said T. R. the before-mentioned sum of 248 l. 17 s. and every part and parcel

thereof, being the same Monies raised and advanced by sale of the afore-men∣tioned Goods, Wares and Merchandizes so belonging and appertaining to the said E. K. and her Estate, as before is expressed, and also all the Debts, sum and sums of Mony mentioned and expressed in the said Schedule an∣nexed; and all other Debts due and owing unto the said E. K. by, and from the persons therein named as Deb∣tors. To have and to hold the said sum of 248 l. 17 s. and every part thereof; and also the said Debts, sum and sums of Mony so mentioned, set down and expressed in the said Schedule annexed, and all other Debts, sum and sums of Mony whasoever, due and owing to the said E. K. and her said Estate, by, and from the respective persons therein na∣med and mentioned as Debtors unto the said T. R. his Executors, Admini∣strators and Assigns for evermore. In trust nevertheless, to, and for the use and behoof herein after mentioned and ex∣pressed (that is to say) in trust to, and for the use, benefit, behoof and advan∣tage of the said T. R. and all other the Creditors of the said E. K. who have already sought, or shall hereafter in due time come in as Creditors into the said Commission, and seek relief thereby, and contribute to the Charges therof, ac∣cording to the Direction and Limita∣tion

of the several Statutes in that behalf made and provided, and to, and for none other use, intent or purpose whatsoever. And the said T. R. for himself, his Heirs, Executors, Administrators and As∣signs, doth Covenant, Promise, Grant* 1.8 and Agree to, and with the said Com∣missioners, Parties to these Presents, and to, and with every and each of them, in Manner and Form following (that is to say) that he the said T. R. his Heirs, Executors or Administrators, or some, or one of them, shall and will with all convenient speed, and by all lawful ways and means sue for, and re∣cover the Debts mentioned in the said Schedule hereunto annexed; and from, and after recovery and receit thereof shall, and will upon reasonable request, or notice in writing to him for that pur∣pose made, or given by the Commissi∣oners, Parties to these Presents, or the major part of the Commissioners, by the said Commission authorised, make and give a just, true and perfect Account un∣to* 1.9 the said Commissioners of the said sum of 248 l. 17 s. before mentioned, as soon as he shall have received the same, and also of all such sums of Mony as he the said T. R. shall have had raised or received out of the Debts hereby assign∣ed by force and vertue of these Presents, and shall pay over the said sum of 248 l. 17 s. and such other Monies as

he shall have received on Account of the Debts, so by these Presents Assigned unto the said Commissioners, Parties to these Presents, or the major part of the Commissioners, by the said Commission authorised, or dispose thereof as they shall Order, Direct and Appoint in some convenient time from, and after he the said T. R. his Executors, Administrators or Assigns shall have had, and received the same, or any part thereof, to the end the said Commissioners may Order, Distribute, Divide and Dispose thereof for, and towards the Payment and Sa∣tisfaction of the Debts due and owing by the said E. K. to such of her Creditors, who have already sought, or shall here∣after come in and seek relief by vertue of the said Commission, and contribute towards the Charges thereof, as afore∣said. And moreover, That the said T. R. his Heirs, Executors and Administra∣tors shall and will from time to time, and at all times hereafter, well and suffi∣ciently* 1.10 Save, Defend, keep Harmless and Indempnified the said Commissioners, Parties to these Presents, and every and each of them, their, and every of their Executors and Administrators, and his and their Bodies, Lands and Tenements, Goods and Chattels, of and from all manner of Actions, Costs, Suits, Arrests, Losses, Damages and Expences whatsoe∣ver, which they or any of them shall,

or may suffer, sustain, or be put unto, for, or by reason of this present Deed of Assignment, or any other matter or thing whatsoever, lawfully done or ex∣ecuted by vertue of the said Commissi∣on, or their, or any of their lawful in∣termedlings or dealings in any of the Estate of the said E. K. by Force, Ver∣tue or Colour thereof. In Witness, &c.

• The Schedule whereunto the Deed or Indenture annexed, refer.
• Debts due and owing to the said E. K. and her Estate.
• Imprimis, Due and owing from, &c. Item.

Notes

• * 1.1

  Commission.
• * 1.2

  Become Bank∣rupt.
• * 1.3

  Goods.
• * 1.4

  Seised.
• * 1.5

  Appraised.
• * 1.6

  Bankrupts Debts.
• * 1.7

  The Assign∣ment.
• * 1.8

  Covenant to sue for the Debts.
• * 1.9

  And make Ac∣count.
• * 1.10

  Covenant to save the Com∣missioners Harmless.