Page:Ruffhead - The Statutes at Large - vol 6.djvu/170

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io8 C. 30. Anno quinto Georgii II. A. D. ^732. Liberty to fearcl). what Proceedings have been thereupon, and whether the faid Bankrupt hath made fuch Affidavit or Af- firmation as aforefaid, and whether fuch Certificates are entred of Record as aforefaid, and all other Matters or Things which (hall be entred of Record in purfuance of this Act, the Lord High Chancellor, Lord Keeper or Commiffioners for the Cuftody of the Great Seal (hall appoint a certain proper Place near the Inns of Court, where all and every the Matters aforefaid (hall be entred of Record, where all Perfons (hall be at Liberty to fearch and fee if the fame are duly entred of Record ; and the Lord Chan- cellor, Lord Keeper or Commiffioners fhall, by a Writing under his or their Hands, appoint a proper Perfon, who (hall, by himfelf, or his fufficient Deputy, to be approved by the Lord High Chancellor, Lord Keeper or Commiffioners, by a Writing under his or their Hands, enter of Record fuch Commif- fions, Depofitions, Proceedings and Certificates, and other Matters and Things, and have the Cuftody of the Entries thereof; and alio appoint fuch Fee and Reward to be paid to fuch Perfon for his Labour and Pains therein, as the Lord High Chancellor, Lord Keeper or Commiffioners (hall think reafonable, not exceeding what is ufually paid in the like Cafes ; and that the Perfon fo to be appointed, and his Deputy, (hall continue to enter of Record all and every the Matters and Things aforefaid, and to have the Cuftody of the fame, fo long as he or they (hall reflectively behave themfelves well in entring the fame of Record, and keeping fuch Entries, and (hall not be removed, but by Order in Writing under the Hand of the Lord High Chancellor, Lord Keeper or Commiffioners, on a good and fufficient Caufe therein fpecified; and in cafe fuch Perfon (hall die, or be as aforefaid removed, the Lord High Chan- cellor, Lord Keeper or Commiffioners for the Time being (hall and may, in Writing under his or their Hands, appoint another Perfon to enter the fame of Record, who fhall have the Cuftody of the Entries thereof, and (hall have and receive the like Fee and Reward for his Labour and Pains therein. ' XLlI. And whereas the fuing out and profecuting of Commiffions of Bankrupt is at prefent very ex- ' penfive, to the great Prejudice of the Bankrupt and his Creditors ;' Be it further enacted by the Au- thority aforefaid, That there (hall not be paid or allowed by the Creditors, or out of the Eftate of the Exp t etiees Cefl " ary Bankrupt, any Monies whatfoever for Expences in Eating or Drinking of the Commiffioners, or of any other Perfons at the Times of the Meeting of the faid Commiffioners, or any of the Creditors : And that no Schedule (hall be annexed to any Deed of Affignment of the perfonal Eftate of fuch Bankrupt from the Commiffioners to the Affignee or Affignees of the faid Eftate : And if any Commiffioner or Commiffioners in any Commiffion (hall order any fuch Expence to be made, or eat or drink at any fuch Meeting at the Charge of the Creditors, or out of the Eftate of fuch Bankrupt, or receive or take above the- Sum of twenty Shillings each Commiffioner for each refpective Meeting, every fuch Commiffioner fo offending (hall be difabled for ever to act as a Commiffioner in fuch or any other Commiffion founded on this Act, or any of the Statutes made concerning Bankrupts. XLIII. Provided always, and be it further enacted by the Authority aforefaid, That the faid Commif- fioners authorized as aforefaid, and every of them, (hall not be capable of acting as a Commiffioner or Commiffioners in the Execution of any of the Powers and Authorities given and granted by this prefent Act, or any other Act or Acts of Parliament; now in Force concerning Bankrupts, after the twenty-fourth Day of June one thoufand feven hundred and thirty-two (unlefs it be the Power hereby given of admini- ftring Oaths to Commiffioners) until fuch Time as he and they refpectively (hall have taken an Oath to the Effect following; that is to fay, Claufe to pre- Commiflionert Oath, a Memorial thereof to be entred. Commiffions not to abate by the Death of his Majefty, &c. Bills of Fees,&c. to be fettled by a Mailer in Chancery. /A. B. do /wear, That I will faithfully, impartially and honejlly, according to the bejf of my Skill and Know- ledge, execute the /ever al Powers and Trufts repo/ed in me as a CommiJJioner in a CommiJ/ion 0/ Bankrupt againjt and that without Favour or AffeSlion, Prejudice or Malice. So help me God. XLIV. Which Oath any two or more of the faid Commiffioners are hereby impowered and requi- red to adminifter to each other in the fame Commiffion named and authorized; and they the faid Commiffioners (hall and are hereby required to enter and keep a Memorial or Memorials thereof,, figned by them refpectively, among the Depofitions and other Proceedings on each refpective Com- miffion that (hall be iffued forth by virtue of this Act, or any other Act or Acts of Parliament now in Force concerning Bankrupts. XLV. And be it further enacted by the Authority aforefaid, That no Commiffion of Bankrupt (hall abate by reafon of the Death of his prefent Majefty (whom God long preferve) his Heirs or Succeflbrs, but fuch Commiffions (hall continue in full Force ; and if it (hall be neceffary to renew any fuch Com- miffion by reafon of the Death of the Commiffioners named in fuch Commiffion, fo that a fufficient Number of Commiffioners (hall not be living, who can act therein, or for any other Caufe, in every fuch Cafe fuch Ccmmiffion (hall be renewed, and but Half of the Fees ufually paid upon granting or obtain- ing of Commiffions of Bankrupt (hall be paid for any fuch renewed Commiffions. XLVI. And to the End that Commiffions of Bankrupt may be carried on and profecuted with as little Expence as reafonably may be, Be it enacted by the Authority aforefaid, That all Bills of Fees or Dif- burfements claimed or demanded by any Solicitor, Clerk or Attorney imployed under any Commiffion of Bankrupt fhall be fettled, adjufted and certified by one of the Mailers of the Court of Chancery ; and- fo much as the Mailer (hall certify to be due to fuch Clerk, Solicitor or Attorney, and no more, fhall be paid by the Affignee under -fuch Commiffion; and the Mailer who (hall fettle and adjuft fuch Bill, (hail have and receive for his Care in fettling and adjusting the fame, as alfo for his Certificate thereof, the Sum of twenty Shillings, and no more. ' XLVII. And whereas feveral Bankrupts have, either through Inadvertency or the Intricacy and

  • Multiplicity of their Affairs, failed to obtain, within the Time limited, Certificates allowed as directed

& ' by