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.

Another Form of an Assignment.

THIS Indenture made, &c. Be∣tween A. B. of, &c. Esq; C. D. of, &c. and E. F. of, &c. of the one part, and J. S. of, &c. of the other part. Whereas the King and Queens Com∣mission, under the Great Seal of Eng∣land, bearing date at Westminster the day of last past, grounded upon several Statutes made concerning Bankrupts, hath been awarded against P. R. of, &c. directed to the said A. B. C. D. and E. F. and unto G. H. and J. K. Gent. thereby giving full Power and Authority unto the said Commissioners, four or three of them, whereof the said A. B. and G. H. to be one to execute the same. As by the said Commission, rela∣tion being thereunto had, it may more at large appear. And whereas the said Commissioners, or the major part of them, having begun to put the said Com∣mission in execution, upon due examina∣tion of Witnesses, and other good proof upon Oath before them, or the major part of them, according to the Form and Prescipt of the said Commission, and the said Statutes taken, and other∣wise, the said Commissioners, Parties to these Presents, have found, and do find that the said P. R. did for the space of

seven years and upwards together, last past, before the suing forth the said Commission, use and exercise the Trade of—&c. at his or (her) Shop in W. afore∣said, in the said County of, &c. and in particular in that his Trade did buy and sell Iron Wares, and several other sorts of Wares and Merchandizes, and other Commodities relating to that Trade whereby he did seek his Trade of Living (that is to say) by Buying and Selling; and that he the said P. R. in the time of such his Trading, and by reason thereof did become indebted unto the said J. S. and other his Creditors, in the sum of One Hundred Pounds and upwards, and for which the said J. S. on the behalf of himself and other Creditors of the said P. R. hath prayed the aid and relief of the said Commission and Statutes before the said Commissioners, Parties to this Indenture, the said sum of One Hundred Pounds and upwards, being yet un∣paid, and owing to the said J. S. &c. And the said Commissioners have also found, and do find, that the said P. R. being so indebted, as aforesaid, did next before the date and suing forth the said Commission (in the judgment of the said Commissioners, Parties to these Pre∣sents) become a Bankrupt to all intents and purposes, within the Compass, true Intent and meaning of the several Sta∣tutes made concerning Bankrupts, or

some, or one of them. And whereas the said Commissioners, Parties to these Presents, in further execution of the said Commission, upon like due exami∣nation of Witnesses, and other good proof upon Oath before them, or the ma∣jor part of the Commissioners before na∣med, have found, and do find, or it otherwise appeareth to them, that since such time that the said P. R. became a Bankrupt, as aforesaid, he the said P. R. was lawfully possest of and interested in a certain Leafe, and Goods, Wares, &c. in the Schedule, &c. Now this Indenture Witnesseth, that the said Commissioners, Parties to these Presents, being the ma∣jor part of the Commissioners, in the said Commission named, in furher execu∣tion of the said Commission, and of the Statutes therein mentioned, and by Force and Vertue of the same, and of the Authority to them, or the major part of them given thereby; in conside∣ration, &c. Have as much as in them lieth, Bargained, Sold, Assigned, Trans∣ferred and Set over: And by these Pre∣sents (as much as in them lieth) do Bargain, Sell, Assign, Transfer and Set over unto the said J. S. his Executors, Administrators and Assigns, all and sin∣gular the said afore-mentioned term of Years, &c. To have and to hold, ask, demand, sue for, recover and receive all, and singular the said Lease and

Term of Years, Goods, Wares, &c.* 1.1 mentioned and expressed in a Schedule hereof hereunto annexed, and all, and every other Debt and Debts, Sum and Sums of Mony whatsoever, by these Pre∣sents Ordered, Assigned and Set over, or in any wise due, or owing, or be∣longing to the said P. R. or his Estate, by or from all, or any the persons na∣med as Debtors in the same Schedule, or otherwise unto him the said J. S. his Executors, Administrators and Assigns, Upon Trust nevertheless, and to and for the intents and purposes following (that is to say) to, and for the use, behoof, benefit and advantage of them the said J. S. &c. and all such other Creditors of the said P. R. as have already sought, or shall hereafter in due time come in and seek reliefe by vertue of the said Commission, and contribute towards the Charge thereof, according to the directi∣on and limitations of the said Statutes, as to so much of the said Estate, both Real and Personal of the said P. R. and other the Premisses, Ordered, Directed, Bargained, Sold, Assigned and Set over to the said J. S. as aforesaid; and of the Monies which shall, or may be had or raised by, or for the same, as the Debts of the said Creditors do, and shall a∣mount unto; And as to the residue and surplusage of the said Estate, if any such shall be, the same shall be in trust

for the said P. R. his Executors and As∣signs, according to the said Statutes, and the true intent and meaning thereof, and to, and for none other use, intent or purpose whatsoever. And to, and with the said Commissioners, Parties to these Indentures, their Executors, Ad∣ministrators and Assigns, the said P. R. for himself, his Executors and Admini∣strators, doth Covenant, Promise and* 1.2 Grant in Manner and Form following (that is to say) that he shall, and will from time to time, and at all times here∣after, with all convenient speed use his best means and endeavour by Suit in Law or otherwise to sue for, recover, receive and get into his and their possession, all, and singular the aforesaid Goods, Wares, Merchandizes, Houshold-stuff, Debts and Sums of Mony, by these Presents Assign∣ed and Set over, as aforesaid, and after Possession had and obtained of the said Goods, Wares, Merchandizes, Houshold∣stuff, Debt, Sum and Sums of Mony, and other things, or any part thereof, shall, and will with like convenient speed make Sale and Disposition thereof to, and for the most and best value and advantage he and they may or can bona¦fide. And further, that he, his Execu∣tors and Administrators shall, and will from time to time, and at all times here∣after upon any reasonable request and notice, account to, and with the* 1.3

said Commissioners, Parties to these Pre∣sents, or any of them, their, or any of their Executors or Administrators, what, and how much Mony, or other satisfa∣ction they shall then have received, raised or recovered by Force, Vertue or means of this present Deed or other∣wise, out of the Estate of the said P. R. and such Mony or other satisfaction as upon such Account or Accounts shall ap∣pear to be so had, raised, obained or re∣ceived, shall, and will upon like reason∣able request and notice, well and truly pay, or cause the same to be paid unto them the Commissioners, Parties to these Presents, or some, or one of them, to the end the same may be by them Orde∣red, Disposed, Distributed, Divided and Set over unto them, the afore-named Creditors, and such others of the Cre∣ditors of the said P. R. as have alreay fought relief, or shall hereafter in due time come in, and seek relief by the said Commission, and contribute towards the Charge thereof, according to the Li∣mitations and Directions of the said Sta∣tutes, as aforesaid. And to, and with the said Commissioners, Parties to this Indenture, and the said J. S. his Execu∣tors and Administrators, and every one of them, the said R. B. &c. (the Credi∣tors) do hereby Covenant and grant for* 1.4 themselves, their Heirs, Executors and Administrators, that they, and every of

them from time to time, for ever here∣after, according to, and after the share and proportion of his or their particular Debt or Debts to him or them now due and owing from the said P. R. with, and in respect to the several Debts of all such Creditors as hereafter in due time shall come in and seek relief by the said Commission, shall, and will pay, bear, perform and do his and their share and proportion of all Charges and Expences, Trouble and Travel which already hath been, or hereafter shall be meet, requisite or convenient, or shall happen in or for the suing forth, prosecuting or executing of the said Commission, or in, or for the maintaining, justifying or defending the same, or all, or any proceedings which already have been, or hereafter shall be thereupon, or for the securing and keep∣ing Harmless or Indempnified the said Commissioners, Parties to these Presents, and the said J. S. and every, or any of them, or any of their Executors or Ad∣ministrators of, and from all Actions, Suits, Arrests, Trouble, Damages, Char∣ges, Travel and Expences whatsoever which may arise, happen or be occasio∣ned to every or any of them, by reason of the said Commission, or the suing out, prosecuting or executing thereof, or of any matter or thing already done, or which hereafter shall be done in prose∣cution of the said Commission, or by

reason of this present Indenture, or the Trust, or any other matter or thing therein comprised, specified or mentio∣ned, or any thing which is, or shall be done in pursuance thereof. In Wit∣ness, &c.

Memorandum. It were better to have in this two Habendum's, one of the Term, and another of the Goods.

Notes

• * 1.1

  Here should be two Habendums, one of the Term and the other of Goods, &c.
• * 1.2

  Covenant to get in the Debts.
• * 1.3

  To Account.
• * 1.4

  Covenant from the Creditors.