B A isr 



dence ; except that, upon fatisfaflion m^.de to all tlie credi- 

 tors, the commillion may be fuperfeded. This cafe may 

 a!fo happen, when a knave is defirous of defrauding his 

 creditors, and is compelled by a commifiion to do them 

 that jiiRice, which othcrwife he wanted to evade. And 

 therefore, though the ufual rule is, that ail intereil on 

 debts carrying intereft (hall ceafe from the time of ifi'uing 

 the commiffion, yet, in cafe of furplus left after payment 

 of evei-y debt, fiich intered (hal! again revive, and be charge- 

 able on the bankrupt, or his reprefentatives. Stat. 5 Gco.IL 

 c. 30. 13 E!iz. c. 7. 



Tiie firll ftep to be taken towards procuring a commif- 

 fion of bankruptcy is for the petitioning creditor to make 

 an affidavit of his debt before a mafterin chancery; or if he 

 refidts altogether in the country, before a maflcr extraordi- 

 nary there, to bs filed in the fecretary of bankrupt's office 

 in London, and exhibited to the commiffioncrs at their firll 

 meeting. When the afiidavit is fworn, it is carried to the 

 fecretary of bankrupt's office, where the party fuing for 

 the commiffion enters into tlie bond to the chancellor. The 

 clerk of the bankrupts fills up a hia-ik petition in the name 

 of the pcrion that makes the affidavit, and annexes the 

 affidavit and bond to the petition, when he prefers the 

 fame to the lord chancellor. This petition is anfwered in 

 a few days, and the petitioning; creditor has a commiffion 

 without any further trouble. Haviner got the commiffion, 

 he muft employ one of the meffirngers to fummon a meeting 

 of the major part of the commiffioncrs to open the fame, 

 when the petitioning creditor muft come prepared to prove 

 his debt, and the party a bankrupt, within the llatutes. 

 Upon the commiffioncrs declaring the party a bankrupt, 

 they ilfue their warrant for feizure of his effeils, and the mef- 

 fenger by virtue of it feizes the effefts, and continues to 

 keep poitcffion till the commiffioncrs have executed the af- 

 fignment. The application to enlarge the time for the 

 bankrupt's furrender muft be by petition to the great fcal, 

 fix days at leaft before the laft fitting appointed in the ga- 

 r.ette ; which petition miay be either in the name of the 

 bankrupt or of his affignees. It is ufual for the commiffion- 

 crs to recommend, and the creditors to agree, to return the 

 bankrupts their rings, monies, &c. particularly the jewels, 

 Src. of their wives. If the bankrupt does not furrender 

 himfelf to the commiffioncrs by twelve o'clock at night of 

 the laft day given, the mefienger warns him fo to do by a 

 proclamation made by him in the middle of Guildhall ; the 

 commiffioncrs continuing to fit tilJ that time. The certifi- 

 cate when du^.y figned, together with the atteftations of 

 fignature, muft be lodged with the fecretary of bankrupts, 

 and he will give the meiTenger an anthority to the printer 

 of the gazette, to infert an advertifement fignifying that 

 the acting commiffioncrs have certified to the great feal, 

 that the bankrupt hath conformed, and that the certificate 

 will be allowed and confirmed, unlefs caufc be fhewn to the 

 contrary within twenty-one days from the date of the faid 

 advertifement. If no c:;ufe be fhewn within twenty-one days 

 againft the allowance of the certificate, the lord chancellor 

 will allow the fame by a fubfcription upon it. Jacob's Law 

 Dift. by Tomlins, art. Bankrupt. 



BANKRUPTCY, the ad of becoming a bankrupt. 

 (See Bankrupt.) TJie French make this diflFerence be- 

 tween a bankruptcy and a failure, that the firll is fuppoLd 

 voluntary and fraudulent, and the latter conllrained and ne- 

 cefiary, by means of accidents, &c. 



BANKS'S Island, in Geography, an idand in the North 

 Pacific ocean, near the weft coall of North America, about 

 60 miles kng and 5 broad. It is feparated fiom PiM's 

 I 



BAN 



archipelago by the canal del Principe ; and its north point 

 is fituated in N. lat. 53° 39!'. W. long. 130° 13'. 



Basks's Ifland'K alfo an ifland of the Southern Pacific 

 ocean, about five leagues weft of the coall of the northern 

 branch of New Zealand idands. It is about twenty-four 

 leagues in compafs ; its furface is irregular and elevated ; 

 and it may be fecn at fei at the diftance of twelve or fifteen 

 leagues. Its fouth point is in S. lat. 43' 32'. \V. long. 

 186^ 30'. 



Banks, Port, a harbour on the north-weft coaft of Ame- 

 rica, fouth-cailerly from cape Edgcombe, and north-wefterly 

 from Sea Otter found. 



BANKSAL PoisT, a point of the river of Balefore, 

 on the coaft of Coromandel, known by the Englidi v.-arc- 

 houfes that arc built on it, and by the tomb of a Dutch- 

 man who was there interred. 



BANKSEA Speciosa, Retz. in Botany. SeeCosTus 

 Spcciofus. 



BANKSIA, fo named by Linnseus in honour of fir Jo- 

 feph Banks, prefident of the Royal Society, who firll dif- 

 covered it in liis voyage with captain Cook. Lin. gen. 

 Schreb. n. 191. Suppl. 15. Gxrtn. t. 47. JulF. 79. Clafs, 

 tetrandria momgynia. Nat. Ord. aggregate. Protea Juff. Gen. 

 Char. Cnl. perianth one-leafed, four-cleft, inferior. Cor. 

 one-petalled ; tube cylindric, very fhort ; border very lon<T, 

 four-parted ; parts linear, lanceolate at the tip, internally 

 hollowed by a little cavity, acute. Stam. filaments none ; 

 anthers four, lanceolate, fcffile in the cavity of the parts of 

 the corolla. Pifl. germ fuperior, minute ; ftyle filiform, 

 lliff, longer than the corolla ; ftigma pyramidate, acute. 

 Per. capfule ovate, or globofe, woody, one-celled, two- 

 valved. Seed:, two, obovate, convex on one fide, flat on the 

 other, terminated by a very large membranaceous veinlefs- 

 wing. Qu. Is this an AriUus ? 



Efl". Char. Cal. four-cleft, inferior. Cor. lour-paited ; 

 tube veiy fliort ; border very long, hnear-lanceolate ; anthers 

 feffile in the cavity of the parts of the corolla. Cap/, two- 

 feeded, one or two-celled, two-valved. 



Species, i. Id. /errata, ferrate-leaved bankfia. White Voy. 

 223. fig. I, 2, 3. B. concb'tfcra. Gaertn. frud. 221. t. 48. 

 f. I. " Leaves linear, attenuated into the petiole, equally 

 ferrate, truncate at the end with a point." This is the 

 handfomell fpecies of the genus ; trunk thick and ru"-;jed ; 

 leaves alternate, thick at the ends of the branches, on ihort 

 petioles, obtufe, ferrate, bright green above, beneath opake 

 and whitifli, with a ftrong rib running through their middle ; 

 each branch terminated by a large cylindrical fpike of flow- 

 ers ; the capfules covered with thick down ; the flowers 

 and fruits coUeded into a large globular amexit ; the feed- 

 in each cell of the capfnle fingle, rather large, winged and 

 dark brown. 2. B. miegrifolia, entire-leaved B. TS.j'picata. 

 Gxrtn. frud. 2 3 1. t. 4S. f. 3. " Leaves wedge-form, quite 

 entire, white-tomentole undeiTieath." The flowers and 

 fruits are coUeded into a cylindi-ic amcnt ; and before they 

 are ripe, ai-e pubefccnt with a nap of fnowy whitencfs ; cap- 

 fule coriaceous, oibiculate at top, turgidly lens-ftaped, and 

 continued at bottom into a conical, comprefTed beak ; within 

 black, two-celled, and gaping at the tip. 3. B. er'icsfolia, 

 heath-leaved B. " Leaves approximating, acerofe, tnin- 

 cate-emarginate, fmooth." The leaves are very fmall, but 

 more abundant than thofe of the preceding fpecies. 4. B. 

 dentata, tooth-leaved B. «' Leaves oblong, attenuated into 

 the petiole, curved, flexuofc, toothed, teeth ending in a 

 fpinule, -white underneath." The flowers of this fpecies 

 are fmaller than in the others. 5. B. pyrifcmus, pear- 

 fruited B. " Flowers foUtary ; capfules ovate, pubefccnt j 



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