Consolidation and Amendment of the Bankrupt Laws. 
agent, in, writing, and signed, and unless 
the same.has been refused, or neglected. for 
six, dlays,jafter such demand; and if, after 
ho jdemand; and. compliance therewith, 
any, action, be brought against, the. person 
$0, actings, without, making the petitioning 
ereditor,defendant, if, living, on, production 
and proof of such warrant,at the trial 
of. such,.action,,...the) defendant shall. be 
entitled. to.a verdict, notwithstanding any 
defect of jurisdiction. in the. commissioners 5 
and if such action. be brought, against the 
petitioning ; creditor, and, the person so 
appointed. as. aforesaid, the person so ap- 
pointed, shall, on proof of such warrant, be 
entitled .to,a verdict in like manner ; and if 
the. yerdict. shall be, given against the 
petitioning creditor, the plaintiff shall 
recoyer his costs: against him, so as to in- 
clude the costs which he shall be liable to 
pay to such, person so appointed as afore- 
said... Sect. 31., 
14th, And)in-any action so brought 
against the petitioning creditor, either alone 
or jointly with the person so appointed by 
the commissioners, for any thing done in 
obedience to their warrant, proof in such 
action that the defendant is a petitioning 
ereditor will render him liable in the same 
manner, and tothe same extent, as if the act 
complained of in such action had been done 
or committed by himself alone. Sect, 32.: 
» 15th. Where any person committed by 
the commissioners for refusing to answer, 
or for not fully answering any question put 
to him by them, shall bring a habeas corpus 
or order to be discharged from such com- 
mitment, and there shall appear, on the re- 
turn of such habeas any insufficiency in the 
form’ of the warrant of commitment, the 
Statute provides, that the court, or judge 
efore whom the person so committed is 
brought,” shall, on the party’s request so to 
do, “in case the whole of his examination 
shall nothave been stated in the warrant of 
commitment, inspect and consider ~the 
whole of’ his examination, whereof the 
‘question in dispute was a part; and if it 
shall appear from the whole examination 
that’ the answer or answers of the party 
‘committed is or are satisfactory, such court 
or judge is empowered to order him to be 
discharged. Sect. 39. And by the fortieth 
‘séttion a’ simildr provision is made in the 
¢aserof actions brought by bankrupts or 
Other persons for false imprisonment. 
‘© 16th, 'No wribis tobe sued out against, nor 
£opy of any process’ served on any com- 
missioner, for any thing done by him as 
commissioner, unless ‘notice in writing of 
‘such intended writ or process shall bave 
been delivered to him, or -left’ at his usual 
iplace of abode by the attorney or agent of 
the party, at least one calendar month 
before the suing out or serving the same ; 
and‘such notice must set forth the cause of 
-aetion, and on its back must be indorsed the 
Name and place of abode of the attorney or 
few, Jot Ml Ji) And by the forty-second 
section, the plamitiff in’ such action ‘cannot 
517 
obtain a verdict unless he prove: such notice 
was given, andhe shall not be permitted to 
give evidence of any cause: of:aetion, except 
suchas is/contained inthe} notices» Amd: it 
is provided by the. forty-third  section,: that 
every such» commissioner! may,:at)any. time 
within one calendar month after such:notice, 
tender amends’ tothe party complaining, or 
his attorney or agent, and plead such tender 
in bar; and)this: section-further provides 
that if no amends. or insufficient amends 
have been tendered, the-defendant may, ‘by 
leave of the court; at any time before! issue 
joined, pay into court such amends» as ae 
shall think fit. 
17th. The commissioners may outa ‘the 
wages or salary of servants or’ elerks''of a 
bankrupt to be paid to the extentvof six - 
months, and the servant or clerk may prove 
under the commission for all excess of 
wages or salary above six months. Sect..48. 
18th. In all cases of apprenticeship, the 
issuing of a commission of bankruptey 
against the master of the apprentice amounts 
to a discharge of the indenture ; and the 
commissioners are empowered to order/a 
part of the apprentice-fee to be returned: to 
the apprentice, proportioned to the amount 
of the sum paid on behalf of the apprentice 
to the bankrupt, and to the time during 
which the apprentice has resided with the 
bankrupt previous to the issuing of. or 
commission. Sect. 49. 
19th. Sureties for payment of dunidities 
granted by any bankrupt are prohibited to'sue 
any person who may be collateral security 
for the payment of such annuity, until 
such annuitant shall have proved under the 
commission for the value of such annuity, 
and for the payment thereof; and if such 
surety after such proof pay the amount so 
proved, he is discharged from all claims:in 
respect of such annuity; and if such surety 
shall not (before any payment of the: an- 
nuity subsequent to the bankruptcy becom- 
ing due) pay the sum so proved, he may 
be sued* for the accruing payments of sueh 
annuity, until such annuitant shall have 
paid or satisfied the amount so proved, 
with interest at 4 per cent. per annum from 
the time of notice of such proof, and of the 
amount thereof being given to such surety : 
and after such payment or satisfaction 
such surety shall stand in the place of sueh 
annuitant in respect of such proof, to the 
amount so paid or satisfied by ‘such 
surety ; and the certificate of the bankrupt 
shall be a discharge to him from all claims 
of such annuitant, or of such surety>in 
respect of such annuity, provided that the 
surety shall be entitled to credit in account 
_with the annuitant for any dividends re- 
ceived by the annuitant, under the eommis- 
sion, before the surety shall have fully paid, 
or satisfied the account so der as ufore- 
said. Sect. 55, hye 
20th. Debts payable on a! contingency 
which shall not have happened ab» the 
: Hy oO) issuing 
“# This word is said inthe act, aiid one } aidng ¢ the 
many verbal inaccuracies which pervade its provisions. 
