Page:Ruffhead - The Statutes at Large - vol 9.djvu/709

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APPENDIX.
235

XVIII. Provided always, and be it further Enacted by the Authority aforesaid, That if such Person or Persons, so Voluntarily surrendring him, her or themselves, shall afterwards Neglect, or Omit to Discover and Deliver his, her or their Estates and Effects, and in every thing act and do as in this Act is Directed, every such Person or Persons mall be taken and adjudged to be a Fraudulent Bankrupt within the true intent and meaning of this Act, and thereof being Lawfully Convicted, shall suffer as a Felon without the Benefit of Clergy.

XIX. Provided also, and be it further Enacted by the Authority aforesaid, That no Discovery upon Oath to be made by any Bankrupt of his or her Estate and Effects pursuant to this Act, shall Entitle such Bankrupt to the Benefits allowed by this Act, unless the Commissioners of Bankrupts, or the greater part of them that shall be named in the Commission Issued, or to be Issued against him or her, shall in Writing under their Hands and Seals, Certifie to the Lord Chancellor of England, Lord Keeper, or Commissioners for the Custody of the Great Seal of England for the time being, that such Bankrupt hath made Discovery of his Estate and Effects, and in all things Conformed himself according to the Directions of this Act, and that there doth not appear to them any reason to doubt of the Truth of such Discovery, or that the fame is not a full Discovery of all such Bankrupts Estate and Effects ; and unless such Certificate shall be Allowed and Confirmed by the Lord Chancellor, Lord Keeper, or Commissioners for the Custody of the Great Seal of England for the time being, or by such Two of the Judges of the Courts of Queens Bench, Common Pleas, and Court of Exchequer at Westminster, to whom the Consideration of such Certificate shall be referred by the Lord Chancellor, Lord Keeper, or Commissioners for the Custody of the Great Seal of England for the time being, and the Creditors of such Bankrupts are to be allowed to be heard, if they shall think fit, before the respective Persons aforesaid, against the making such Certificate, and against the Confirmation thereof.

XX. And whereas Commissions of Bankrupts have been often Executed with great Expence in Eating and Drinking, at the Meetings of the Commissioners, or some of them therein Named, to the great Prejudice of the Bankrupts and their Creditors ; Be it further Enacted by the Authority aforesaid, that there shall not be paid or allowed by the Creditors, or out of the Estate of the Bankrupts, any Monies whatsoever for Expences in Eating or Drinking of the Commissioners, or of any other Persons at the times of the Meetings of the said Commissioners, or of any of the Creditors, or others, in Order to execute or prepare Matters for the Execution of such Commssions ; And if any Person or Persons named, or to be made, as a Commissioner or Commissioners in any such Commission, shall Order any such Expence to be made, or Eat or Drink at any such Meeting at the Charge of the Creditors, or out of the Estate of such Bankrupt, every such Commissioner so offending, shall be Disabled for ever after to Act as a Commissioner in such, or any other Commission founded on the Statutes made against Bankrupts.

Anno Regni Annæ Reginæ Angliæ, Scotiæ, Franciæ, & Hiberniæ, quinto.

At the Parliament Summoned to be Held at Westminster, the Fourteenth Day of June, Anno Dom. 1705. In the Fourth Year of the Reign of our Sovereign Lady Anne, by the Grace of God, of England, Scotland, France and Ireland, Queen, Defender of the Faith, &c. And from thence Continued by several Prorogations to the Five and twentieth Day of October, 1705. And then Begun and Holden, being the Firist Session of this present Parliament. And from thence Continued by several Prorogations to the Third Day of December, 1706. Being the Second Session of this present Parliament.

CAP. XXII.

An Act to Explain and Amend an Act of the last Session of Parliament, for Preventing Frauds frequently Committed by Bankrupts.

WHEREAS an Act made in the First Session of this present Parliament, held in the Fourth and Fifth Years of Her Majesties Reign, Intituled, An Act for Preventing Frauds frequently Committed by Bankrupts, hath not Answered the good Intent thereof ; but on the contrary, many notorious Frauds and Abuses have been Committed, notwithstanding the Provisions and Penalties in the said Act : For Prevention whereof for the future, and for Explaining and Amending the said late Act, Be it Enacted by the Queens most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament Assembled, and by the Authority of the same, That if any Person or Persons, who shall become Bankrupt within the several Statutes made against Bankrupts, or any of them, or any other Person or Persons, by or with his, her or their Order, Consent or Privity, shall from and after the Five and twentieth Day of April, in the Year of our Lord, One thousand seven hundred and seven, Remove, Carry away, Conceal, Destroy or Imbezel any of the Goods, Wares, Merchandizes, Monies, or Effects, whereof he, she or

they, or any Person or Persons in Trust for him, her or them, is or are Possessed or Entitled unto, to

the