686 BANK 
allowance is alfo >r» proportion to his former good beha¬ 
viour, in the early difcovery of the decline of his affairs, 
and thereby giving his creditors a larger dividend. For, 
if his effects will not pay one-half of his debts, or ten fliil- 
lings in the pound, he is left to the difcretion of the com- 
iniffioners and affignees, to have a competent film allowed 
him, not exceeding 3 per cent, but, if they pay 10s. in the 
pound, he is to be allowed 5 per cent, if 12s. 6d. then 7^ 
per cent, and, if 15s. in the pound, then the bankrupt fhall 
be allowed to per cent, provided that fuel) allowance do 
not in the firft cafe exceed 200I. in the fecond 250I. and in 
the third 300I. Befides this allowance, lie has alfo an in¬ 
demnity granted him of being free and difeharged forever 
from all debts owing by him at the time he became a 
bankrupt; even though judgment fhould have been ob¬ 
tained againft him, and lie lies in prifon upon execution 
for fuch debts. And, for that among other purpofes, all 
proceedings in commifiions of bankrupt are, on petition, 
to be entered of record, as a perpetual bar againft actions 
to be commenced on this account; though in general the 
produdion of the certificate, properly allowed, fhall be 
fufficient evidence-of all previous proceedings. 5 Geo. II. 
c. 30. 
The allowing the certificate of a bankrupt will not dif- 
charge his fureties; but, if a bankrupt obtains his certi¬ 
ficate before his bail are fixed, it will difebarge them ; but, 
if not till after they are fixed, they will remain liable not- 
withftanding the certificate, for it has no relation back; 
'and till allowed it is nothing. And, if the creditor proves 
his debt, with intent to obftrud the certificate, it does not 
preclude him from purfuing his legal remedies ; and even 
if he had received his debt, or part of it, under the corn- 
million, ftill he might proceed to fix the bail, who would 
be entitled to their remedy, fo far as they are opprelfed, 
by audita querela , or by motion. 1 Atk. 84. 1 Burr. 24.4. 
2 Black. 812. However, the bankrupt’s certificate, obtain¬ 
ed after judgment in an action upon a bail-bond againft 
the bankrupt himfelf, will not difeharge the bail-bond, 
although it difeharged the original debt; for it is a new 
and diftindt caufe of action. 1 Burr. 436. -zStra. 1196. 
The certificate does not difeharge a bankrupt from his 
own exprefs collateral covenant, 'which does not run with 
the land. 4 Barr. 2443. Nor from a covenant to pay rent. 
4 Term. Rep. 94. A bankrupt after a commiftion of bank¬ 
ruptcy fued out, may, in confideration of a debt due be¬ 
fore the bankruptcy, and for which the creditor agrees to 
accept no dividend or benefit under the commiftion, make 
f uch creditor a fatisfadlion, 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. 
If a bankrupt has his certificate, and an action be brought 
againft him afterwards for a debt precedent to the corn- 
million, he may plead his certificate, or otherwife he is with¬ 
out relief. 2 Tern. 696, 697. The common method of 
pleading is, generally, that he became a bankrupt within 
the intent and meaning of the-ftatutes made and in force 
concerning bankrupts, and ifrTdt the caufe of action ac¬ 
crued before he became a bankrupt. Though a creditor 
of a bankrupt under 20I. is excluded from a (Tent or diffent 
to the certificate, yet, as lie is affiedted by the confequence 
«f allowing the certificate, he hath a right to petition, and 
fhew any fraud againft allowing the certificate. 7 Fin. 
Abr. 134. 
No allowance or indemnity fhall be given to a bankrupt, 
unlefs his certificate be figned and allowed; and alfo, if 
any creditor produces a fictitious debt, or is induced by 
money or notes to fign his certificate, and the bankrupt 
does not make difcovery of it, but buffers the fair credi¬ 
tors to be impofed upon, he lofes all title to thefe advan¬ 
tages. 24Geo. II. c. 57. Neither can he claim them, if 
he has given with any of his children above 100I. for a 
marriage portion, unlefs he had at that time fufficient left 
to pay all his debts, or if he has loft at any one time 5I. 
or in the whole 100I. within a twelvemonth before be be¬ 
came a bankrupt,- by any manner of gaming or wagering 
*R U P T. 
whatfoever; or within tl^e fame time lias loft to the value 
of iool. by (lock-jobbing. 
Alio, to prevent the too common pradice of frequent 
and fraudulent or carelefs breaking, a mark is fet upon 
fuch as have been mice cleared by a commiftion of bank¬ 
rupt, or have compounded with their creditors, or have 
been delivered by an aCt of infolvency. Perfons who 
have been once cleared by any of thefe methods, and af¬ 
terwards become bankrupts again, unlefs they pay full 
3 5s. in the pound, are only thereby indemnified as to the 
confinement of their bodies; but any future eft ate 1 -: thev 
fliall acquire remains liable to their creditors, excepting 
their necelfary apparel, honfehold goods, and the tools and 
implements of their trades. 5 Geo. II. c. 30. But money, 
gained by his trade or profellion for the necelfary mainte¬ 
nance of himfelf and family, may be recovered by adlion 
by an uncertificated bankrupt. Chippendale v. Tornlin- 
fon, Co. B. L. 
By the fiat. 13 Eliz. c. 7, the commiffioners fliall have 
full power to dilpofe of all the bankrupt’s lands and tene¬ 
ments, which lie had in his own right at the time when lie 
became a bankrupt, or which fliall defeend or come to bint 
at any time afterwards, before his debts are fatisfied or 
agreed for; [and all lands and tenements which were pur- 
chafed by him jointly with his wife or children to his own 
ufe, (or fitch intereft therein as he may lawfully part with,) 
or pitrchafed with any other perfon, upon fecret truft, for 
his own tile;] and caufe them to be appraifed to their full 
Value, and to fell the fame, by deed indented and inroll- 
ed, or divide them proportionably among his creditors. 
'Ibis fratute exprefsly includes not only freehold, but cuf- 
tomary and copyhold, lands: and the lord of the manor 
is thereby bound to admit the aflignee (Cro. Car. 568, 1 
Atk. 06), but did not extend to eftates tail, farther than 
for the bankrupt’s life; nor to equities of redemption on 
a mortgaged eftate, wherein the bankrupt lias no legal in¬ 
tereft, but only an equitable reverfion. Whereupon the 
ffatute 21 Jac. I. c. 19, enadls, that tlie commiffioners fhall 
be impowered to fell or convey, by deed indented and in- 
rolled, any-lands or tenements of the bankrupt, wherein 
he lhall be feifed of an eftate-tail in poffefiion, remainder, 
or reverfion, unlefs the remainder or reverfion thereof 
fhall be in the crown ; and that fuch fale fhall be good 
againft all fuch iffoe in tail, remainder-men, and rever- 
fioners, whom the bankrupt himfelf might have barred 
by a common recovery, or other means; and that all equi¬ 
ties of redemption upon mortgaged eftates, fliall be at the 
difpofal of the commiffioners; for they fliall have power 
to redeem the fame, as the bankrupt himfelf might have 
done, and after redemption to fell them. And the com- 
miflioners may lell a copyhold entailed by cuftom. Stone , 
127. Billing. 148. And alfo, by this and a former adt, 1 
Jac. I. c.15, all fraudulent conveyances to defeat the in¬ 
tent of thefe ftatutes are declared void ; but it is provided, 
that no purebafer bonafide , for a good or valuable confi¬ 
deration, fhall be affedted by the bankrupt-laws, unlefs 
the commiftion be fued forth within five years after the adt 
of bankruptcy committed. Cooke’s B. L. c.8. 
If tiiere be two joint-tenants, and the one becomes 
bankrupt and dies, Billinghurft is of opinion the bank¬ 
rupt’s part fhall be fold, and that there fliall be no furvi- 
vorfliip; becaufe the bankrupt’s moiety is bound by the 
ftatutes, and alfo the bankrupt had power to fell the fame 
in his life-time, and might depart with it. And by flat. 
1 Jac. c. 15, the commiffioners after the bankrupt's death, 
may proceed in execution, in and upon the commiftion, 
for and concerning the offender’s lands, tenements, &c. in 
fuch fort as if the offender had been living; which they 
cannot do, if the furvivorfhip is held to take place. If 
the bankrupt be a joint-tenant in fee, for life or years, the 
commiffioners may fell a moiety. So, if he be feifed in 
right of his wife, they may feil during the coverture. 1 
Com. Dig. 530. 
In cafe of a patron becoming bankrupt, the commiffion¬ 
ers may fell theadvowfon of the living; but, if the church 
1 b« 
