BANKRUPTCY. 
payable, and which existed at the time of manner, on what consideration, and at what 
cy, or winch, although origi- 
nally contingent, yet, from the contingency 
happening before the bankruptcy, were be- 
come absolute. In every case the amount 
of the debt must be precisely ascertained. 
Time and method of proving. Creditors 
were formerly precluded from proving after 
four months, but the court now, except in 
cases of gross negligence, allows them to 
come in at any time, whilst any thing re- 
mains to be disposed of. The usual proof 
required, is the oath of the creditor himself, 
either in person, or by affidavit, if he live 
remote from the place of meeting, or reside 
in foreign parts. 5 Geo. II. 
Corporations, or companies, are generally 
admitted to prove by a treasurer, clerk, or 
other officer duly authorized. 
Of the assignees. Immediately after de- 
claration oi the bankruptcy, the commis- 
sioners are to appoint a time and place for 
the creditors to meet and choose assignees ; 
and are directed to assign the bankrupt’s 
estate and effects to such persons as shall 
be chosen by the major part in value. 
The powers and duties of assignees are 
principally those of collecting the bank- 
nipt’s property, reducing the whole into 
ready money, and making distribution as 
early as possible. One assignee is not an- 
swerable for the neglect of another. As- 
signees, if they act improperly, are not only 
liable at law to the creditors for a breach of 
trust, but may be removed on account of 
misbehaviour, &c. by petitioning the Lord 
Chancellor. Upon the removal of an assig- 
nee, he is directed to join with the remain- 
ing one, in assignment to the latter and new 
assignee. 
Provisions for wife, children, &c. By 
the statute of Elizabeth, the commissioners 
may assign any lands, &c. that the bankrupt 
shall have purchased jointly with his wife 
and the assignment shall be. effectual* 
against the bankrupt, his wife, or children • 
but this shall not extend to conveyances 
made before the bankruptcy, bona fide, and 
not to the use of the bankrupt himself only, 
or his heirs, and where the party to the con- 
veyance are not privy to the fraudulent 
purposes to deceive the creditors. 
Examination pf the bankrupt. By the 
5th Geo. II. the commissioners are em- 
powered to examine the bankrupt, and all 
others, as well by parole, as by interroga- 
tions in writing. The said statute requires 
thq bankrupt to discover all his estate and 
effects, and how, and to whom, and in what 
time, he has disposed of them ; and all books of 
papers, and writings relative thereto, of 
which he was possessed or interested, or 
whereby he or his family may expect any 
profit, advantage, &c. and on such exami- 
nation he shall deliver up to the commis- 
sioners all his effects, (except the necessary 
wearing apparel of himself, his wife, and 
children,) and all books, papers, and writ- 
ings relating thereto. 
With respect to his privileges 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 com- 
missioners for and during the 42 days, or 
the further time allowed to finish his exa- 
mination, provided he was not in custody at 
the time of his surrender. 
Books and papers. By 5 Geo. II. c. 30. 
the bankrupt is entitled, before the expira- 
tion of the 42 days, or enlarged time, to in- 
spect his books and papers, in the presence 
of the assignees, or some person 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: persons refusing to attend on the 
commissioners’ summons ; refusing to be ex- 
amined, or to be sworn, or to sign and sub- 
scribe their examination ; or not fully an- 
swering to the satisfaction of the commis- 
sioners. 
Of the certificate. By the 5 Geo. II. a 
bankrupt surrendering, making a full disco- 
very, and in all things conforming to the di- 
rections of the act, may with the consent 
of his creditors, obtain a certificate. 
If the commissioners certify his con- 
formity, and the same be allowed by the 
Lord Chancellor, his person, and whatever 
property he may afterwards acquire, will be 
discharged and exonerated, from all debts 
owing by him at any time he became a 
bankrupt. But no bankrupt is entitled to 
the benefit of the act, unless four parts in 
five, both in number and value, of his cre- 
ditors, who shall be creditors for not 
less than 20 1. respectively, and who shall 
have duly proved their debts under the 
commission, or some other person duly au- 
thorized by them, shall sign the certifi- 
cate. 
Of the dividends. The assignees are al- 
lowed four months from the date of the 
commission, to make a dividend ; and should 
