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fwered. And any gaoler, permitting fiich pcrfon to cfcape, 

 or to jro out of prifon, Ihall forfeit 500I. to tht creditors. 

 Stat. 2 I Jac. I. c. ig. 5 Geo. II. c. 30. 



Tiie bankrupt, upon this examination, is bound upon 

 pain of death to make a full difcovery of all his ellate and 

 cffeils, as well in expectancy as poflcirion, and how he lias 

 difpofed of the fame ; together with all books and writings 

 relating thereto : and is to deliver up all in his own power 

 to the commifTiontrs (except the neceflary apparel of 

 himfelf, his wife, and his children) ; or, in cafe he 

 conceals or embezzles any efFcdts to the amount of 20I. or 

 withholds any books or writings, with intent to defraud 

 his creditors, he fhall be guilty of felony without benefit of 

 clergy ; and his goods and clhite Inall be divided among 

 his creditors. And unlcfi it fliall appear, that his inability 

 to pay his debts arofe from fome cafuaV lofs, he may, upon 

 convidion by indiftmeiit of fuch grofs mifcondiift and 

 negligence, be fet upon the pillory for two hours, and have 

 oneof his ears nailed to tlic fame and cut off. Stat. 5 Geo. II. 

 c. 30. 21 Jac. I. c. 19. 



After the time allowed to the bankrupt for fuch difcovery 

 is expired, any other pcrfon voluntarily difcovering any 

 part of his ellate, before unknown to the aflicrnees, ihall be 

 entitled to 5 per cent, out of the effeds fo difcovered, and 

 fuch farther reward as the afiignees and commiffioners fliall 

 think proper. And any trullee, wilfully concealing the 

 ellate ot any bankrupt, after expiration of the two and forty 

 days, fliall forfeit lool. and double the value of the ellate 

 concealed to the creditors. Stat. 5 Geo. II. c. 30. 



Hitherto every thing is in favour of the creditors ; and the 

 law feems to be pretty rigid and fevere againft the bank- 

 rupt ; but, in cafe he proves honcll, it makes him full 

 amends for all this rigour and feverity. For if the bank- 

 rupt hath made an ingenuous difcovery (of the truth and 

 fufficiency of which there remains no doubt), and hath 

 conformed in all points to the diredlions of the law ; and 

 if, in confcquence thereof, the creditors, or four parts in 

 five of them in number and value (but none of them 

 creditors for lefs than 20I. ), will fign a certificate to that 

 purport ; the CdmniiCloners are then to authenticate fuch 

 certificate under their hands and feals, and to tranfinit it 

 to the lord chancellor : and he, or two of the judges v^hom 

 he fliall appoint, on oath made by the bankrupt th.at fuch 

 certificate was obtained without fraud, may allow the fame ; 

 or difallow it, upon caufe (lievvn by any ot the creditors of 

 the bankrupt. Stat. 5 Geo. li. c. 30. 



If no caufe.be (liewn to the contrary, the certificate is 

 allowed of courfe ; and then the bankrupt is entitled to a 

 decent and reafonable ailmvancc out of liis eftcfts, for his 

 future fupport and maintenance, and to put him in a way 

 of honell indullry. This allowance is alio in proportion 

 to his form.er good behaviour, in the early difcovery of the 

 decline of his .affairs, and thereby giving his creditors a 

 larger dividend. For, if his effedls will not pay one half 

 of his debts, or ten fliillings in the pound, he is left to the 

 difcreti:in of the commifTioiiers and aflTignees, to have a com- 

 petent fum tiUowed him, not exceeding 3 per cent. ; but if 

 they pay ten fliillings in the pound, he is to be allowed 

 5 percent.; if twelve fhillings and fix-pence, then 7* per 

 cent. ; and if fifteen fliillings in the pound, then the bank- 

 rupt fliall be allowed 10 per cent.: provided, that inch 

 allowance do not in the full cafe exceed 2Col., in the iccond 

 250I., and in the third 300I. Stat. 5 Geo. II. c. 30. 



Befides this allowance, lie has alfo an indemnity granted 

 liim, of being free and difcharged for ever from all debts 

 owing by him at the time he became a bankrupt ; even 



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though judgement (hall have been obtained aTainft liim, 

 and he lies in prifon upon execution for fuch debts ; and, 

 for that among other purpofcs, all proceedings on comniif- 

 fions of bankrupt arc, ou petition, to be entered of record, 

 as a perpetual bar againll aftiuns to be commenced on 

 this account : though, in general, the produiftion of the 

 certificate properly allowed Ihall be fufficient evidence of all 

 previous proceedings. Stat. 5 Geo. II. c. 30. 



The certificate, when allowed, will n(.t difchargc the 

 furcties of a bankrupt : but if he obtains it before liis bsH 

 are fixed, it will difcharge them : wlicreas if not till 

 after they are fixed, they will remain liable notwithltanding 

 the certificate: and if the creditor prove his debt, with in- 

 tent to obflruft the certificate, it does not preclude him from 

 purfulng his legal remedies : and even if he had received 

 his debt or part of it, under the commiflion, (lill he mi/lit 

 proceed to fix the bail who would he entitled to their 

 remedy, fo far as they arcopprcffcd, by " audita querela," 

 or by " mo'tion." (l Atk. 84. i Burr. 244. 2 Burr. 716.) 

 The certificate does not difcharge a bankrupt from his own 

 exprefs collateral covenant, which does not run with the 

 land (3 Burr. 2443.) ; nor from, a covenant to pay rent. 

 (4 Term Rep. 94.) A bankrupt, after a commUfion of 

 bankruptcy fued out, may, in confidcration of a debt due 

 before the bankruptcy, and for which the creditor agrees 

 to accept no dividend or benefit under the commiflion, 

 make fuch creditor a fatisfaftion, in part, or for the whole 

 of his debt, by a new undertaking or agreement ; and 

 " affumpfit" will lie upon fuch new promife or undertaking. 

 (1 Atk. 67.) Although a creditor of a bankrupt under 

 20I. is excluded from affent or diffcnt to the certificate, 

 yet as he is affefled by the confequencc of allowing the 

 certificate, he has a right to petition and fliew any fraud 

 againll allowing the certificate. 7 Vin. Abr. 134. pi. 18. 



No allowance or indemnity fliall be given to a bankrupt, 

 unlefs his certificate be figned and allowed : and alfo, if 

 any creditor produces a fictitious debt, and the bankrupt 

 docs not make difcovery of it, but fuffers the fair creditor* 

 to be impofed upon, he lofes all title to thefe advantages. 

 Neither can he claim them, if he has given with any of his 

 children above lool. for a marriage portion, unlefs he had 

 at that time fufficient left to pay all his debts ; or if he has 

 loll at any one time 5 1. or in the whole icol. within a 

 twelvemonth before he became bankrupt, by any manner 

 of gaming or wagering whatfocver ; or, w itliin the fame 

 time has loll to the value of icol. by ilock-jobbing. 

 Alfo to prevent the too common practice of trequciit 

 and fraudulent or carelefs breaking, a mark is ftt ispon 

 fuch as have been once cleared by a commiffion of bank- 

 rupt, or have compounded witli their creditors, or liave 

 been delivered by an act of infolvency. Pirfons who have 

 been once cleared by any of thefe methods, and attirwarJi 

 become bankrupts again, unlefs they pay full fifteen fliillings 

 in the pound, are only thereby indemnified as to the con- 

 finement of their bodies ; but any future cilate they (hall 

 acquire remains liable to titcir creditors, excepting their ncccl- 

 fary apparel, lioufchold goods, and the tools and iinple- 

 mento of their trades. Stat. 5 Geo. II. c. 30. 24 Geo. il. 

 C.57. 



Bv the ftatute i3Eliz. c.7. the commiffioners for that 

 purpofe, when a man is declared a bankrupt, fliall liave 

 full povi-er todil'pofc of all his lands and tenements, wliich 

 he had in his own right at the time when he became a bank- 

 rupt, or which fliall defcei;d or come to liim at any time 

 afterwards, before his debts are fatisfied or agreed for ; and 

 all lani^s and tenements v.hii.h were pi:icliafcd by him 

 4 D 2 jointly 



