BAN 
apply 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- 
rept surrendering, and in all things con- 
forming to the directions of the act, shall 
be allowed five per cent, out of the net pro- 
duce of his estate, provided, after such al- 
lowance, 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 
200k Should his estate in like manner 
pay twelve shillings and sixpence in the 
pound, he shall be allowed seven and an 
half per cent, so as not to exceed 250k 
and if his estate pay fifteen shillings in the 
pound, he shall be allowed ten per cent, so 
as not to exceed 300k 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 application and 
disposal of his estate, and to pay the over- 
plus, if any, to the bankrupt. 
Of superseding commissions. Commis- 
sions may be superseded, for the want of a 
sufficient debt of the petitioning creditor ; 
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 com- 
mission cannot, in point of law, be concur- 
rent. 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 commissioners, and 
to fully disclose and discover all his estate 
and effects, real and personal, and all trans- 
ferrences thereof, and also all books, pa- 
pers, and writings, relating thereto, and de- 
liver 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 20k or any books of 
accounts, papers, or writings relating tliere- 
B AN 
to, with intent to defraud his creditors, be- 
ing lawfully convicted thereof, by judgment 
or information, shall be adjudged guilty of 
felony, without benefit of clergy, and his f 
goods divided amongst his creditors. 
BANKSIA, in botany, so called in ho- 
nour of Sir Joseph Banks, who first disco- 
vered it in his voyage with Captain Cook ; 
a genus of the Tetrandria Monogynia class 
and order. Natural order of Aggregate. 
Proteas, Jussieu. Essential character, ca- 
lyx four cleft, inferior ; corolla four-parted ; 
tube very short ; border very long, linear, 
lanceolate : anthers sessile in the cavity of 
the parts of the corolla ; capsule two-seed- 
ed, one (or two) celled, two valved. There 
are eight species. This genus is nearly al- 
lied to Protea and Embothriiun in appear- 
ance and character, but is sufficiently dis- 
tinguished from both in the fruit. It boasts 
some of the most specious plants that have 
been discovered in the South seas, and even 
in the known word. Those with solitary 
flowers and one-celled capsules form a se- 
parate genus, which Dr. Smith names Salis- 
bury. Some of the species have flowered 
and seeded here ; they have not yet been 
increased any other way but by seeds. 
These, and the plants in general from the 
South Seas, are hardy, considering their cli- 
mate, and may be treated pretty much in 
the same manner with the Cape plants. 
They covet abundance of air, and flourish 
best near the front of the dry stove. 
BANN, in military affairs, a proclama- 
tion made in the army, by beat of drum, 
sound of trumpet, &c. requiring the strict 
observance of discipline, either for the de- 
claring a new Officer, or punishing an offen- 
der. 
Bann of the empire, an imperial pro- 
scription, being a judicial punishment, 
wherewith such as are accessary to disturb- 
ing the public peace, are judged unworthy 
of the immunities and protection of the em- 
pire, and are out-lawed or banished, &c. 
BANNER denotes either a square flag, 
or the principal standard belonging to a 
prince. 
BANNERET, an ancient order of 
knights, or feudal lords, who possessing se- 
veral large fees, led their vassals to battle 
under their own flag, when summoned there- 
to by the king. 
This order is certainly most honourable, 
as it never was conferred but upon some he- 
roic action performed in the field. An- 
ciently, there being but two kinds of 
knights, great and little, the first were call- 
