201 
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children), and all books, papers, and writings, 
relating thereto. 
With respect to Iris privilege from arrest. 
By the above act, the bankrupt shall be free 
from all arrest in coming to surrender, and 
from his actual surrender to the commissioners 
for and during the forty-two days, or the 
f urther time allowed to finish his examination, 
provided he was notin custody at the time of 
liis surrender. 
Books and papers. By 5 Geo. IT. c. 30. 
the bankrupt is entitled, before the expira- 
tion of the forty-two days, or enlarged time, 
to inspect his books and papers, in the pre- 
sence of the assignees, or some person ap- 
pointed by them, and make such extracts as 
lie shall deem necessary. 
Power of commissioners in case of contu- 
macy. The statutes empower the commis- 
sioners to enforce their authority by commit- 
ment of the party, in the following cases : per- 
sons refusing to attend on the commissioners’ 
summons ; refusing to be examined, or to be 
sworn, or to sign and subscribe their ex- 
amination, or not fully answering to the satis- 
faction of the commissioners. 
Of the certificate. By the 5 Geo. II. a 
bankrupt surrendering, making a full disco- 
very, and in all things conforming to the di- 
. ructions of the act, may with the consent of 
his creditors obtain a certificate. If the com- 
missioners certify his conformity, and the 
same be allowed by the lord chancellor, his 
person, and whatever property he may after- 
wards acquire, will be discharged and exone- 
rated from all debts owing by him at the 
time he became a bankrupt. But no bank- 
rupt is entitled to the benefit of the act, un- 
less four parts in five, both in number and 
value of his creditors, who shall be creditors 
for not less than 20/. respectively, and 
who shall have duly proved their debts un- 
der the commission, or some other per- 
son duly authorized by them, shall sign the 
certificate. 
Of the dividends. The assignees are al- 
lowed four months from the date ot the com- 
mission to make a dividend ; and should ap- 
ply to the commissioners to appoint 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 bank- 
rupt surrendering, and in all things conform- 
ing to the directions of the act, shall be al- 
lowed five per cent, out of the nett produce of 
his estate, provided, after such allowance , it be 
sufficient to pay his creditors ten shillings in 
the pound, and that the said five per cent, 
shall not in the whole exceed 200/. Should 
his estate in like manner pay 12 s. 6d. in the 
pound, he shall be allowed seven anil a 
half per cent, so as not to exceed 250/. and if 
his estate pay 15s. 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 lie has re- 
ceived his certificate. 
Of the surplus. The commissioners are, 
on request of a bankrupt, to give a true and 
particular account of the application and 
disposal of his estate, and to pay the over- 
plus, if any, to the bankrupt. 
Of superseding commissions. Commissions 
may be superseded for the want ot a suffi- 
cient debt of the petitioning creditor, or be- 
VoL. I. 
BAN 
cause lift was an infant, or for want of suffi- 
cient evidence of the trading or act of bank- 
ruptcy, 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 commis- 
sion against the three, nor agajnst the other 
two. 
Felony of bankrupts. If any person, who 
shall be duly declared a bankrupt, refuse, 
within forty-two days after notice left at his 
place of abode, and in the London Gazette, 
to surrender himself to the commissioners, 
and to fully disclose and discover all his es- 
tate 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 wearing 
apparel, &c.); or in case he shall conceal, or 
embezzle, any part of his estate, real or per- 
sonal, to the value of 20/., or any books of ac- 
counts, papers, or writings, relating thereto, 
with intent to defraud his creditors, being law- 
fully convicted thereof, by judgment or in- 
formation, he shall be adjudged guilty of fe- 
lony, without benefit of clergy, and his goods 
divided amongst his creditors. 5 Geo. II. 
c. 30. 
BANKSIA, in botany, a genus of the mo- 
nogynia order, belonging to the tetandria 
class of plants. The amentum is scaly, the 
corolla consists of four petals ; the anthers 
are in the cavity of the folds, and sessile ; the 
capsule is bivalvular ; and the seed is soli- 
tary and bipartite. There are eight species, 
all greenhouse plants, and natives of New 
Holland. 
BANN, or Ban, in the feudal law, a so- 
lemn proclamation or publication of any 
thing. Hence the custom of asking, or 
bans, before marriage. 
Bann, in military affairs, a proclamation 
made in the army by beat of drum, sound of 
trumpet, &c. requiring the strict observance 
of discipline, either for the declaring a new 
officer, or punishing an offender. At pre- 
sent such kind of proclamations are given 
out in the written orders of the day. 
Bann of the empire, an imperial proscrip- 
tion, being a judicial punishment, wherewith 
such as are accessary in disturbing the pub- 
lie peace are judged unworthy of the im- 
munities and protection of the empire, and 
are outlawed or banished, See. 
BANNER. We find a multiplicity of 
opinions concerning the etymology of this 
word; some deriving it from the Latin 
bandum, a band or tlag ; others, from the 
word bann, to summon the vassals to appear 
in arms; others, again, from the German 
ban, a field or tenement, because landed men 
alone were allowed a banner; and, finally, 
there are some who think it is a corruption 
of panniere, from pannus, doth, because 
banners were originally made of cloth. 
Banner, the ordnance-flag fixed on the 
fore-part of the drum-major’s kettle-drum 
carriage of the royal artillery. 
Banner, in the horse equipage, for the 
kettle-drums and trumpets, must be of the 
C e ' 
BAN 
colour of the facing of the regiment. The 
badge of the regiment, or its rank, to be in 
the centre of the banner of the kettle-drums, 
as on the second standard. The king’s cy- 
pher and crown to be on the banner of the 
trumpets, with the rank of the regiment in 
figures underneath. The depth ot the ket- 
tle-drum banners to be three feet six inches ; 
the length four feet eight inches, excluding 
the fringe. Those of trumpets to be twelve 
inches in depth, and eighteen inches in 
length. 
BANNERET, an ancient order of knights, 
or feudal lords, who possessing several large 
fees, led their vassals to battle under their 
own flag, when summoned thereto by the 
king. This order' never was conferred but 
upon some heroic action performed in the 
field. Anciently there being but two kind 
of knights, great and little, the first were 
called bannerets, the second bachelors ; the 
first composed the upper, the second the 
middle nobility. Till lately we have had 
none of this order created in England since 
the time of king Charles the First; the late 
sir William Erskine, however, on his return 
from the continent in 1764, was made a 
knight banneret, in Hyde-park, by his pre- 
sent majesty, in consequence of his distin- 
guished conduct at the battle of Emsdorff. 
But he was not acknowledged as such in 
Ibis country, although he was invested with 
the order between tiie two standards of the 
fifteenth regiment of light dragoons, because 
the ceremony did not take place where the 
engagement happened. Captain Trollope, 
of the royal navy, is the last-created knight 
banneret. Knights banneret take precedence 
•next to knights of the hath. 
The form of the banneret’s creation was 
this: on a day of battle, the candidate pre- 
sented his flag to the king, or general, who 
cutting off the train or skirt thereof, and 
making it a square, returned it again ; the 
proper banner of bannerets, who from hence 
are sometimes called knights of the square flag. 
BANNEROLS, in heraldry, are small 
flags used at funerals. 
BANNLSTERIA, in botany: a genus of 
the trigynia order, and deeandria class of 
plants; and in the natural method ranking 
under the 23d order, trihilatae. The 
calyx is quinquepartite, with nectareous pores 
on the outside of the base ; the petals are 
roundish and ungulated; the seeds are three, 
w ith membranaceous wings. There are 24 
species, all natives of warm countries, but 
possessjng no remarkable properties, 
BANN1MUS, the form of expulsion of 
any member from the university of Oxford, 
by affixing the sentence lip in some public 
place, as a denunciation of it. 
BANQUET, in the manege, that small 
part of the branch of a bridle that is under 
the eye. 
Banquet-line, an imaginary line drawn, 
in making a 'bitt, along the banquet, and pro- 
longed up or down, to adjust the designed 
force or weakness of the branch, in order to 
make it stiff or easy. 
Banquet, or Banquette, in fortification, 
a little foot bank, or elevation of earth, form- 
ing a path, which runs along the inside of a 
parapet, upon which the musqueteers get up, 
in order to discover the counterscarp, or to 
fire on the enemy in the moat, or in the co- 
vert-way. 
