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.

A Deed of Distribution from Commissioners of Bankrupts to the Creditors.

THIS Indenture made, &c. Be∣tween J. C. P. B. Esquires and W. F. Gent. of the one part, G. H. J. K. &c. of the other part. Whereas the Kings Majesties Commission under the Great* 1.1 Seal of England, grounded upon the se∣veral Statutes made concerning Bank∣rupts, bearing Date at Westminster, &c. hath been awarded against the said R. G. directed unto R. A. P. C. Esquires, the said J. C. P. B. and W. F. Gent. as by the said Commission, whereunto Relati∣on being had, more fully and at large it may and doth appear. And Whereas at the Humble Petition of the said H. N. exhibited to the Right Honourable, George Lord Jeoffreys, Baron of Wemm, Lord High Chancellor of England, the said Commission was renewed, and the

said A. B. and C. D. therein named, in∣stead of them the said R. A. &c. toge∣ther with them the said J. C. P. B. &c. thereby giving full Power and Authority unto them the said A. B. and C. D. &c. four or three of them, whereof the said A. B. or C. D. to be one to execute the same Commission, as in and by the same renewed Commission under the Great Seal of England, bearing Date at Westminster, &c. whereunto relation being had, more fully at large it may and doth appear. And Whereas the said Commissioners, Parties to these Presents, having begun to put the said Commissions in Execution upon due examination of Witnesses and other good proof upon Oath before them taken, have found that the said R. G. for the space of, &c. past before the Date and Suing forth of the said Com∣missions, used and exercised the Trade or Profession of, &c. and did receive and take to Pawn upon Credit, Rings, Plate, Jewels, Houshold-Goods, Wear∣ing Apparel, and other Goods, and did Buy, Sell and Utter several, great quan∣tities of the like Goods, and other Wares and Merchandizes, and had and kept an House, Shop and Warehouse for that in∣tent and purpose in, &c. in the Parish of, &c. and did seek and endeavour to get his Living by Buying and Selling as other Broakers and Traders use to do. And that he the said R. G. so seeking

and endeavouring to get his Living by Buying and Selling, Trading and Deal∣ing, as aforesaid is mentioned, did du∣ring that time of his said Trading and Dealing become justly and truly indebt∣ed, and still doth owe and stands justly and truly indebted unto the above-na∣med A. B. C. D. M. L. and J. B. in the sum of Fifteen Hundred Pounds of Law∣ful Mony of England, and unto divers other persons his Creditors above also na∣med, divers and sundry other Sum and Sums of Mony, amounting in the whole to the Sum of, &c. of like Lawful Mo∣ny, and being so indebted, he the said R. G. did in the judgments of the said Commissioners, Parties to these Presents, become 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 suing forth of the said first recited Com∣mission. And Whereas the said Com∣missioners, Parties to these Presents, in further execution upon like due ex∣amination of Witnesses, and other good proof upon Oath before them taken, ha∣ving also found that at such time as he the said R. G. became Bankrupt, as afore∣said, there were divers Good Wares and Merchandizes, as well of and belong∣ing to him the said R. G. as what were Pawned unto him as Securities for Mo∣nies

by him lent, and also several Sum and Sums of Ready Monies and other Commodities of and belonging to the said R. G. and his Estate in his said late Dwelling-House, situate and being in, &c. Did by their Deed or Indenture of Assignment, under their Hands and Seals, and duly executed, bearing Date, &c. for and upon Considerations, and to and for the Uses, Intents and purposes therein mentioned, Assign and Set Over unto the said T. P. H. N. M. L. and J. B. their Executors, Administrators and As∣signs, All and Singular the said Goods, Wares, Merchandizes, Ready Monies and other Commodities, the particulars whereof are mentioned, set down and expressed in the Schedule or Inventory thereof to the said Deed or Indenture of As∣signment annexed, as by the same Inden∣ture of Assignment relation being thereun∣to had, may more at large appear. And Whereas the said Commissioners, Par∣ties to these Presents, in further executi∣on▪ of the said Commission, upon suffici∣ent proof upon Oath of several Witnesses, have also found, that he the said R. G. at the time he became Bankrupt, as a∣foresaid, stood justly and truly indebted, and still doth owe and standeth justly and truly indebted unto the said T. P. in the Sum of, &c. Principal Mony, also to the several persons his Creditors above-named, in several Sums of Mony,

amounting in the whole to the Sum of, &c. of Lawful Mony of England, the particulars whereof, together with the several and respective persons, that as well have sufficiently proved, as such of them that have not well proved their several and respective Debts (who are not hereby to have or receive any benefit or advantage by this present Deed of Dividend, until such time as they shall so have respectively suffici∣ently proved their Debts and Demands) are mentioned, set down and expressed in the Schedule, indented to these Pre∣sents annexed. And Whereas the full space of four Months since the Date and Suing forth of the said Commissions is fully elapsed and expired, and no other Creditors of the said R. G. other than the persons above-named have as yet come in, and sought Relief by the said Commissions, or paid, or contributed towards the Charges thereof, according to the direction of the said Statutes for Debt or Debts due, or claimed to be due and owing by and from the said R. G. And Whereas the said Assignees T. P. H. N. M. L. and J. B. have actu∣ally raised and received by vertue of the said Assignment out of the Goods and other things thereby assigned, the Sum of, &c. of Lawful Mony of England, the particulars whereof, and how the same hath been received, are mentioned,

set down and expressed in the said Sche∣dule▪ indented to these Presents, like∣wise▪ annexed. And Whereas the said Creditors above-named parties hereunto, have made already, and by these Pre∣sents do make it their Request unto us the said Commissioners, Parties to these Presents, to Order, Distribute, Divide and Set Over unto, and amongst the said Creditors, Parties to the Presents, (or at least such of them as either have, or shall in due time make good and suffi∣cient proof of their several respective Debt and Debts) the said Sum of, &c. for and towards payment and satisfacti∣on of their respective Debts, in the said Schedule hereunto annexed, mentioned and expressed, ratably and proportiona∣bly, according to their several and re∣spective Debt and Debts, at and after the rate of Three Shillings and Eight Pence in the Pound of their respective Debts. Now this Indenture witnesseth, That the said Commissioners, Parties to these Presents, in further execution of the said Commissions and Statutes therein menti∣oned, and by Force and Vertue thereof, and for and in consideration that a Due and Legal Distribution may be effected* 1.2 and made as to the said Sum of, &c. be∣fore-mentioned, Have Ordered, Distri∣buted, Disposed, Divided and Set Over, and by these Presents, do as much as in them, the said Commissioners, Parties to

these Presents, lieth, and they lawfully may Order, Distribute, Dispose, Divide and Set Over, unto and amongst them the said Creditors above-named, one of the Parties to these Presents, the said Sum of, &c. in Manner and Form fol∣lowing (that is to say) to each, and eve∣ry one of them the said Creditors, as have well and sufficiently made proof of their several and respective Debt and Debts, or shall in due time make such proof, a part and proportion of the same share and share-like, according to the quantity and proportion of their said Debts, in the said Schedule indented hereunto annexed, mentioned and ex∣pressed, at, and after the rate of 3 s. and 8 d. in the Pound of their said respe∣ctive Debts; To have and to hold, and enjoy the said Sum of, &c. and every part and parcel thereof unto them the said Creditors, Parties to these Presents, their Executors, Administrators and As∣signs, as their, and every of their own proper Monies and Estate, towards pay∣ment and satisfaction of their said seve∣ral and respective Debts, so farforth as the same will amount unto the same, to be ratably and proportionably distribu∣ted and divided, as herein before is men∣tioned. And the said T. P. H. N. M. L. and J. B. and the rest of the Creditors above-named, one of the Parties to these Presents, for themselves severally, and

for their several and respective Executors and Administrators, and not jointly one for the other, do Covenant, Promise and Grant to, and with the said Com∣missioners, Parties to these Presents, their respective Executors and Administrators, and to, and with every of them by those Presents, That they the said T. P. H. N. M. L. and J. B. and the rest of the Cre∣ditors above-named, one of the Parties to these Presents, their respective Execu∣tors and Administrators, shall and will so farforth as concerneth his or their par∣ticular Debt and Interest herein, well and sufficiently save harmless and keep in∣dempnified all the said Commissioners, by the said Commission Authorised, and every of them, their and every of their Bodies, Lands, Tenements, Goods and Chattels, and every part thereof, of, from touching and concerning, All, and all manner of Actions, Suits, Arrests, Costs, Damages and Expences whatsoever, which they, or any of them may suffer, sustain, or be put unto for, or by reason of this present Deed of Distribution, or any other Act, matter or thing whatsoe∣ver lawfully done or executed by vertue of the said Commissions, or their, or any of their lawful intermedlings in any of the Estate of the said R. G. by Force, Vertue or Colour thereof. In Witness whereof the Parties to these Presents, first above-named, have interchangeably, &c.

Notes

• * 1.1

  The Commissi∣on.
• * 1.2

  Distribution.