BATs 



BAN 



shall be free from all arrest in coming to 

 surrender, and from his actual surrender 

 to the commissioners, for and during the 

 42 days, or the further time allowed to 

 finish his examination, provided he was 

 not in custody at the time of his surren- 

 der. 



Books and papers. By 5 Geo. II. c. 30, 

 the bankrupt is entitled, before the expi- 

 ration of the 42 days, or enlarged time, 

 to inspect his books and papers, in the 

 presence of the assignees, or some per- 

 son appointed by them, and make such 

 extracts as he shall deem necessary. 



Power of commissioners in case of con- 

 tumacy. The statutes empower the com- 

 missioners to enforce their authority by 

 commitment of the party, in the following 

 cases : pt -sons refusing to attend on tlie 

 commissioners' summons ; refusing to be 

 examined, or tt> be sworn, or to sign and 

 subscribe their examination ; or not fully 

 ans'.vering, to the satisfaction of the com- 

 missioners. 



Of the certificate. By the 5 Geo. II. 

 a bankrupt surrendering, making a full 

 discovery, and in all things conforming to 

 the directions of the act, may, with the 

 consent of his creditors, obtain a certifi- 

 cate. 



Jf the commissioners certify his confor- 

 mity, and the same be allowed by die 

 Lord Chancellor, his person, and what- 

 ever property he may afterwards acquire, 

 will be discharged and exonerated from 

 all debts owing by him at the time he be- 

 came a bankrupt. But no bankrupt is 

 entitled to the benefit of the act, unless 

 four parts in five, both in number and va- 

 lue, of his creditors, who shall be credi- 

 tors for not less than 201. respectively, 

 and who shall have duly proved their 

 debts under the commission, or some 

 other person duly authorized by them, 

 shall sign the certificate. 



Of the dividends. The assignees are al- 

 lowed four months, from the date of the 

 commission, to make a dividend; and 

 should apply to the commissioners to ap- 

 point a meeting for that purpose, or they 

 may be summoned by them, to shew cause 

 why they have not done so. 



Allowance to the bankrupt. Every 

 bankrupt surrendering, and in all things 

 conforming to the directions of the act, 

 shall be allowed 5 per cent, out of the nett 

 produce of his estate, provided, after such 

 allowance, it be sufficient to pay his cre- 

 ditors ten shillings in the pound, and that 

 the said five per cent, shall not in the 

 whole exceed 200/. Should his estate in 

 )ike manner pay twelve shillings and six- 



pence in the pound, he shall be allowed 

 se^enand an half per cent, so as not to 

 exceed 2507. and if his estate pay fifteen 

 shillings in the pound, he shall be allowed 

 ten per cent, so as not to exceed 300/. 

 But the bankrupt is not entitled to such 

 allowance till after a second dividend ; 

 nor can he be entitled to it till he has 

 received his certificate. 



Of the surplus. The commissioners 

 are, on request of a bankrupt, to give a 

 true and particular account of the appli- 

 cation and disposal of his estate, and to 

 pay the overplus, if any, to the bankrupt. 



Of superseding commissions. Commis- 

 sions may be superseded for the want of a 

 sufficient debt of the petitioning credi- 

 tor ; or because he was an infant ; or for 

 want of sufficient evidence of the trading 

 or act of bankruptcy ; or in cases of 

 fraud ; or by agreement or consent of the 

 creditors. 



Joint commissions. Partners are liable 

 to a joint commission, or individually, 

 against each ; but a joint and separate 

 commission cannot, in point of law, be 

 concurrent. A joint commission must 

 include all partners ; if there be three 

 partners, -and one of them an infant, there 

 can neither be a commission against the 

 three, nor against the other two. 



Felony of bankrupts. If any person, 

 who shall be duly declared a bankrupt, 

 refuse, within 42 days after notice left at 

 his place of abode, and in the London 

 Gazette, to surrender himself to the com- 

 missioners, and to fully disclose and dis- 

 cover all his estate and effects, real and 

 personal, and all transferences thereof, 

 and also all books, papers, and writings,, 

 relating thereto, and deliver up to the said 

 commissioners all such estate and effects, 

 books, papers, &c. as are in his power ; 

 (except his necessary weai'ing apparel, 

 ,c.) or in case he shall conceal or em- 

 bezzle any part of his estate real or per- 

 sonal, to the value of 20/. or any books of 

 accounts, papers, or writings, relating 

 thereto, with intent to defraud his credi- 

 tors, being lawfully convicted thereof, by 

 judgment or information, shall be ad- 

 judged guilty of felony, without benefit 

 of clergy, and his goods divided amongst 

 his creditors. 



BANKSIA, in botany, so called in ho- 

 nour of Sir Joseph Banks, who first dis- 

 covered it in his voyage with Captain 

 Cook ; a genus of the Tetrandm Mono- 

 gynia class and order. Natural order of 

 Ag.^regatae. Protex, Jussieu. Essential 

 character : calyx four-cleft, inferior ; co- 

 rolla four-parted ; tube very short ; bor 



