uſe, (or ſuch intereſt therein as he may lawfully part with) or purchaſed with any other perſon upon ſecret truſt for his own uſe; and to cauſe them to be appraiſed to their full value, and to ſell the ſame by deed indented and inrolled, or divide them proportionably among the creditors. The ſtatute expreſſly includes not only free, but copyhold, lands: but did not extend to eſtates-tail, farther than for the bankrupt's life; nor to equities of redemption on a mortgaged eſtate, wherein the bankrupt has no legal intereſt, but only an equitable reverſion. Whereupon the ſtatute 21 Jac. I. c. 19. enacts, that the commiſſioners ſhall be impowered to ſell or convey, by deed indented and inrolled, any lands or tenements of the bankrupt, wherein he ſhall be ſeiſed of an eſtate-tail in poſſeſſion, remainder, or reverſion, unleſs the remainder or reverſion thereof ſhall be in the crown; and that ſuch ſale ſhall be good againſt all ſuch iſſues in tail, remaindermen, and reverſioners, whom the bankrupt himſelf might have barred by a common recovery, or other means: and that all equities of redemption upon mortgaged eſtates, ſhall be at the diſpoſal of the commiſſioners; for they ſhall have power to redeem the ſame, as the bankrupt himſelf might have done, and after redemption to ſell them. And alſo, by this and a former act[1], all fraudulent conveyances to defeat the intent of theſe ſtatutes are declared void; but that no purchaſer bona fide, for a good or valuable conſideration, ſhall be affected by the bankrupt laws, unleſs the commiſſion be ſued forth within five years after the act of bankruptcy committed.
By virtue of theſe ſtatutes a bankrupt may loſe all his real eſtates; which may at once be transferred by his commiſſioners to their aſſignees, without his participation or conſent.
- ↑ 1 Jac. I. c. 15.
