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.

About this Item

Title
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.
Author
Goodinge, Thomas.
Publication
London :: printed for S. Heyrick, C. Harper, J. Place, J. Harrison, S. Keeble, D. Brown, J. Cleave, W. Rogers, R. Sare, W. Reeman, T. Goodwin, M. Wotton, R. Vincent, A. Roper, and J. Brixey,
1695.
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Subject terms
Bankruptcy -- Early works to 1800.
Law -- England -- Early works to 1800.
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A41432.0001.001. University of Michigan Library Digital Collections. Accessed May 16, 2024.

Pages

Page 254

Bond from the Assignees to the Principal Creditor in 2000 l. to pay his proporti∣onable share.

THE Condition of this Obligation is such, Whereas a Commission un∣der the Great Seal of England, ground∣ed upon the several Statutes made con∣cerning Bankrupts, hath been awarded against J. R. late of the City of London, Mercer, directed to certain Commissio∣ners therein named, to execute the same: And whereas the major part of the Com∣missioners, by the said Commission au∣thorized, in Execution of their said Com∣mission, have by their Deed Indented of Distribution, bearing Date with these Presents, distributed and divided divers Debts and sums of Mony, mentioned and expressed in a Schedule to the said Deed annexed unto, and amongst the above bounden P. S. and E. M. and other the Creditors of the said J. R. duly seeking relief by the said Commission, accord∣ing to the limitation of the several Sta∣tutes, whereupon the same was grounded (to wit) according to the quantity and proportion of their several and respective Debts, in the said Deed also expressed; wherein the Debt owing to the above∣named C. J. is mentioned, to be the sum of 1144 l. 8 s. 5 d. And whereas the said

Page 255

C. J. hath formerly given consent, that the major part of the Commissioners should by their Deed of Assignment As∣sign and Set Over unto the said P. S. and E. M. amongst other things, All, and singular the said Debts and sums of Mo∣ny mentioned in the said Schedule, which the said Commissioners have done ac∣cordingly; if therefore the said P. S. and E. M. shall from henceforth, and at all times hereafter, upon reasonable demand, and sufficient Acquittance and Acquit∣tances, given in writing to them, or any of them respectively in that behalf well and truly pay, or cause to be paid unto the said C. J. his Executors or Admini∣strators, or to his or their Assignee or Assignces, lawfully authorised by writing under his and their Hands and Seals, witnessed before two or more persons of Credit, to receive the same (that is to say) of all such Quanties and Proporti∣ons of Monies of the said sum of 1144 l. 8 s. 5 d. mentioned in the said Deed to be owing to the said C. J. as they the said P. S. and E. M. or either of them, their, or either of their Executors, Administra∣tors or Assigns should receive of any per∣son or persons, by means or vertue of the said Indenture of Assignment, according to the Quantity and Proportion of the said sum of 1144 l. 8 s. 5 d. in reference to the Debts of other Creditors in such Deed mentioned, or according to the

Page 256

Quantity or Proportion of so much there∣of, as shall stand, and be duly proved before the major part of the Commissio∣ners, by the said Commission authorised, and by them signified under their Hands, so to be proved according to a Proviso in the said Deed of Dividend mentioned, and that also in proportion with the sums of Mony mentioned in the said Schedule to be owing unto other the Creditors of the said J. R. then this present Obligation to be void, or else to remain in full Force and Vertue.

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