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.

Plea and Demurrer to a Bill brought by the Complainants as Creditors and Assignees under a Statute of Bankrupt, to avoid Leases, and redemise for security of Mony made to the Defendant by the Bank∣rupt, on pretence the Commissioners had As∣signed the Creditors to pay the Mony to the Defendant, and he to Assign his Estate; Whereas the Commissioners had no power to do the same, and the Estate in Law made to the Defendant was two Years and six Months before the pretended Bank∣rupcy; and for Plea, the Defendant of∣fers the Indentures, and a Fine levyed to him, long before the Bankrupcy.

THE said Defendant, for Demurrer to the said Bill, saith, that if all the said Bill were true, as it is not; yet the said Complainants of their own shewing, as they themselves have made their Case, ought not to be relieved thereupon ei∣ther in Law or Equity: For this Defen∣dant saith, that if it were true, that J. E. in the Bill named, and F. his Wife in the Month of, &c. in the 22th year of the Reign, &c. were lawfully seised of a good, perfect and indefeasible E∣state to them, and to the Heirs of the said J. E. of the Mesuage or Tenements in the Bill mentioned; and that the said

J. and F. being so seised by agreement had and made by and between them the said J. E. and F. his Wife and this Defendant, did by their Indenture of Lease under their Hands and Seals, bear∣ing date the twelfth day of J. which was in the said 22th. year, &c. Demise, Grant, and to Farm, let unto this Defen∣dant the said Mesuages or Tenements for the Term of 21 Years and 28 Days, from the Feast, &c. rendring a Penny Rent yearly at the Feast of, &c. if the same were lawfully demanded: And that this Lease was made in Consideration of 240 l. paid, or lent by this Defendant to the said J. E. and F. his Wife. And if it be likewise true, that this Defendant in, and upon the 14th. Day of the said Month of, &c. in the said 22th Year, &c. did Redemise the said Mesuages on Te∣nements to the said J. E. and F. his said Wife, for the Term of 21 Years from the six and twentieth day of J. in the said 22th. Year, &c. yielding and paying therefore yearly, during the said Term, unto this Defendant the sum of 30 l. at the Feast of, &c. and the first payment thereof to begin at the, &c. Anno Dom. 1625. &c. with a Proviso, That if the said Rent of 30 l. should be behind and unpaid in part, or in all, over or after any of the days of payment limited for the payment thereof, that then, and from thenceforth it should, and might be law∣ful

to and for this Defendant into the said Mesuages or Tenements to re-enter. And if it be likewise true, That the said J. E. did become bound unto this Defendant in a Bond of 300 l. conditioned for the performance of the Covenants and A∣greements contained in these Indentures: And that afterwards the said F. died, and the said J. E. her Husband survived, and did truly pay to this Defendant the sum of 30 l. upon the Feast day of the Nativity of St. John Baptist, which was in the said Year of our Lord God 1625. for a Years Rent then due upon the said last menti∣oned Lease. And if it be likewise true, That the said J. E. upon the Feast of the Nativity of St. John Baptist 1626. did fail to pay the said sum of 30 l. then due for the said Rent, and did after condes∣cend to make, and did make unto this Defendant one other Lease of the said Messuages or Tenements, by Indenture, bearing Date the 28th. day of December, 1626. and in the second Year of the Reign of our Sovereign Lord the King's most Excellent Majesty that now is, for the Term of 21 Years, to begin from the expiration of the said first recited Lease, for the Yearly Rent of one Pepper-Corn, upon Condition, That if the said J. E. his Executors, Administrators or Assigns, or any of them did, or should from time to time, and at all times then after, du∣ring the residue of the said Term of 21

Years then to come and expired, well and truly pay, or cause to be paid unto this Defendant, his Executors, Admini∣stratos or Assigns the said Rent of 30 l. at such days, times and place, and in such Manner and Form as in the said recited Indenture of Lease is limited and ap∣pointed, then the said last mention'd Lease should Cease, Determine and be utterly Void. And if it be likewise true, That the said J. E. did afterwards pay unto this Defendant the 30 l. which was then formerly due to have been paid at the Feast of St. John Baptist, which was in the said Year of our Lord God, 1626. and did after pay unto this Defendant the Rent of 30 l. due at the Feast of St. John Baptist, Anno Dom. 1627. And did pay unto this Defendant the like Rent of 30 l. at the Feast of St. John Baptist, Anno. Dom. 1628. And if it be likewise true, That afterwardas the said Rent of 30 l. due at the Feast of St. John Baptist, 1629. was behind and unpaid, and that this Defendant for non-payment thereof did enter upon the said Demised Pre∣misses, and hath received, or might have received of the Under-Tenants thereof all the Rents or Profits thereof, as well those that were behind at the Feast of St. John Baptist, 1629. as such as have grown due ever since, the value of the same Tenements being 30 l. per Annum. And if it be likewise true, That the said

J. E. were a Man that did seek or get his Living by Buying and Selling, and that the said J. E. were indebted to the Complainants and others in the sum of 500 l. and did in December, Anno Dom. 1626. begin to keep his House in St. Al∣bans, to the intent to delay his Creditors from the Recovery of their just and true Debts, and hath since absented himself, and thereby is become a Bankrupt. And if it be likewise true, That the said Complainants, and others of the Credi∣tors of the said J. E. did the 28th day of J. last, being the 28th day of J. Anno Dom. 1631. become Suiters to the Right Honourable the Lord Keeper, &c. for a Commission upon the Statutes of Bankrupts, to be awarded against the said J. E. and that thereupon a Commission was awarded the 29th Day of J. now last past, directed to the Commissioners in the Bill named, or to any four or three of them. And if it be true, That the said Commissioners have begun to put the said Commission in Execution, and have found that the said J. E. being indebted to the said Complainant and others, did in the Month of December, Anno Dom. 1626. begin to keep his House, and absent himself from his Cre∣ditors, and that the said J. E. did there∣by become a Bankrupt, as by the said Bill is set forth. This Defendant for De∣murrer to the said Bill sath, that if all

the said Surmises and Allegations were true, yet the said Complainants, of their own shewing, ought not thereupon to be relieved either in Law or Equity; for this Defendant saith, that the said Com∣missioners, by vertue of the said Commis∣sion, had not any thing to do with any of this Defendants said Leases, neither were the same Leases any way subject to the said Commission, for that it appeareth of the Complainants own shewing, that the said Leases were made for good consi∣deration of Mony, paid long before the said J. E. did become a Bankrupt (that is to say) the said first Lease made by the said J. E. unto this said Defendant, and the Redemise thereupon made by this Defendant to the said J. E. were both made in consideration of 240 l. paid by this Defendant to the said J. E. to secure unto him this Defendant, the sum of 30 l. per Annum out of the Mesuages or Tenements thereby Demised for 21 years. And the said later Leases, as it appears of the Complainants own shew∣ing, was made after a forfeiture of the Redemise made by this Defendant to the said J. E. and after a forfeiture of a Bond of 300 l. and the same was only made to secure the subsequent payments of the said Rent of 30 l. per Annum. And this Defendant saith, that the said first Lease, and the said Redemise, being so as aforesaid, made in June, Anno Dom.

1624. and in the 22th Year, &c. this De∣fendant then could not prognosticate that the said J. E. would become a Bank∣rupt in December 1626. which was two Years and six Months after the making of the said Lease and Redemise; for which cause, and because it appeareth of the Complainants own shewing, that the said Lease and Redemise were made for the consideration of 240 l. and to secure to this Defendant 30 l. per Annum for 21 Years, and were made two Years and six Months before the said J. E. did become a Bankrupt: And because the Complainants by their Bill do set forth a good Title both in Law and Equity to this Defendant, of, and in the Mesuages, Lands and Tenements in question, but do not shew nor derive to themselves any Title at all thereunto, either in Law or Equity, neither by Grant nor Assign∣ment from the Commissioners, nor o∣therwise; therefore this Defendant doth Demur, and abide in Law upon the in∣sufficiency of the said Bill, and doth humbly demand Judgment of this Ho∣nourable Court, if he, this Defendant, shall be compelled to make any answer thereunto. And for further Cause of Demurrer to the said Insufficient Bill, this Defendant saith, That the Title set forth by the Complainant by their said Bill to the Leases in question, or to the Lands, Tenements or Hereditaments

thereby Demised, is no good Title in Law or Equity. For if it be true, That the Commissioners, upon these Statutes of Bankrupts, did Assign and Appoint the Complainants to pay and tender un∣to this Defendant the sum of 240 l. with Interest, and in such manner as by the said Bill is suggested; and Assign and Appoint them to take from this Defen∣dant an Assignment or Conveyance of the Leases made to this Defendant of the Lands in the Bill mentioned, to the be∣nefit and behoof of the Complainants, and of the other Creditors of the said J. E. yet the said Commissioners had no power by any the Statute or Statutes of Bankrupts, or by their Commission, ei∣ther to Assign or Appoint the Complai∣nants to pay or tender unto this Defen∣dant any sum or sums of Mony, or to Assign or Appoint this Defendant to As∣sign or Convey the said Leases or Lands, Tenements or Hereditaments thereby Demised. For which Cause also, and because there is no matter of Equity contained in the said Bill, but the said Commissioners do thereby indeavour to a••oid a plain, honest and lawful contract made for just and valuable consideration two Years and six Months before the said J. E. became a Bankrupt, this De∣fendant doth Demur in Law upon the insufficiency of the said Bill, and doth humbly demand the Judgment of this

Honourable Court, if he, this Defendant, shall be compelled to make any answer thereunto. And for Plea in Bar to this said Bill, this Defendant saith, That the said J. E. and F. his said Wife in the Term of the Holy Trinity, which was in the 22th Year, &c. by one Fine ac∣knowledged, and Levied before his then Majesties Justices of his Court of Com∣mon Pleas at Westminster, did grant unto this Defendant all, and singular the Me∣suages, &c. in the said Indenture of the 12th and 14th days of June, in the said 22th Year, &c. mentioned by the names of three Mesuages, &c. with the Appur∣tenances in the Town of St. Albans, and in the Parish of St. Michaels: To have, and to hold to this Defendant, from the Feast of St. John Baptist then next follow∣ing, for the Term of 21 Years and 28 Days then next following, and fully to be compleat and ended, as by the said Fine remaining upon Record in his Ma∣jesties said Court of Common Pleas ap∣peareth. And therefore this Defendant demandeth the Judgment of this Honou∣rable Court, if against the Indenture of the said J. E. under his Hand and Seal, made for the consideration of 240 l. con∣fessed by the Complainants to be paid, and the same Indenture acknowledged by the said Complainants to be made two Years and six Months before the said J. E. did become a Bankrupt; and if

against the said Fine, the said Complai∣nants, as Creditors to the said J. E. upon a bare surmise, that the Commissioners upon the Statute of Bankrupts, have ap∣pointed them the said Complainants to pay 240 l. and this Defendant to Assign or Convey his Interest to the said Com∣plainants; the said Complainants shall be received to Complain in this Honourable Court. All which Matters this Defen∣dant is ready to maintain as this Honou∣rable Court shall award, and humbly prays to be dismissed forth of the same, with his reasonable Costs and Charges in this behalf most wrongfully sustained.