No. II. 6 Geo. IV. c. 16. Nine-tenths in Number and Value of Cre ditors may accept a Composition, which shall bind the rest. Mode of voting in deciding upon such Composition. Construction of the Act. CXXX. And be it enacted, That at any meeting of creditors after the bankrupt shall have passed his last examination, whereof and of the purport of which twenty-one days notice shall have been given in the London Gazette, if the bankrupt or his friends shall make an offer of composition or security for such composition, which nine-tenths in number and value of the creditors assembled at such meeting shall agree to accept, another meeting for the purpose of deciding upon such offer shall be appointed, whereof such notice as aforesaid shall be given; and if at such second meeting nine-tenths in number and value of the creditors then present shall also agree to accept such offer, the Lond Chancellor may upon such acceptance being testified by them in writing, supersede the same. CXXXI. And be it enacted, That in deciding upon such offer as aforesaid, any creditor whose debt is below twenty pounds shall not be reckoned in number, but the debt due to such creditor shall be computed in value; and that any creditor to the amount of fifty pounds and upwards, residing out of England, shall be personally served with a copy of the notice of the meeting to decide upon such offer as aforesaid, and of the purpose for which the same is called, so long before such meeting as that he may have time to vote thereat, and such creditor may vote by letter of attorney executed and attested in manner hereby re quired for such creditors voting in the choice of assignees; and if any creditor shall agree to accept any gratuity or higher composition for assenting to such offer, he shall forfeit the debt due to him, together with such gratuity or composition; and the bankrupt shall, if thereto required, make oath before the Commissioners that there has been no such transaction between him, or any person with his privity, and any of the creditors, and that he has not used any undue means or influence with any of them to attain such assent as aforesaid. CXXXII. And be it enacted, That this Act shall be construed beneficially for creditors, and that nothing herein contained shall alter the present practice in bankruptcy, except where any such alteration i expressly declared; and that it shall extend to aliens denizens and women, both to make them subject thereto, and to entitle them to all the benefits given thereby; and that all powers hereby given to or duti directed to be performed by the Lord Chancellor, shall and may be exercised or performed by a Lord Keeper or Lords Commissioners of the gr.. seal and all powers given to or duties directed to be performed by the Commissioners or assignees, may be exercised or performed respectively by the major part of the Commissioners, or by one assignee where only one shall have been chosen; that nothing herein contained shall render invalid any commission of bankruptcy now subsisting or which shall be subsisting at the time this Act shall take effect, or any proceedings wheih may have been had, or affect or lessen any right, claim, demand or remedy which any person now has thereunder, or upon or against any Act not to ex- bankrupt against whom any commission has or shall have issued except as is herein specifically enacted; and that this Act shall not extend either to Scotland or Ireland, except where the same are expressly mentioned. Subsisting declared valid. extend to Scotland or CXXXIII. And be it enacted, That this Act shall not, as to any enactments therein contained, take effect before the first day of May one thousand eight hundred and twenty-five; save that so many of such enactments as relate to the certificates of persons becoming bankrupts before this Act passed, or who shall become bankrupts before the said first day of May, shall take effect upon the passing of this Act. [No. II. ] 6 George IV. c. 16.-An Act to amend the Laws relating to Bankrupts.-[2d May, 1825.] WH HEREAS it is expedient to amend the laws relating to bankrupts, and to simplify the language thereof, and to consolidate the same, so amended and simplified, in one Act, and to make other provisions No. II. 6 Geo. IV. c. 16. Former respecting bankrupts; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That an Act passed in the thirty-fourth and thirty-fifth years of the reign of King Henry the Eighth, intituled An Act against such Persons as do make Bankrupt; and also an Act passed Enactments in the thirteenth year of the reign of Queen Elizabeth, intituled An Act respecting touching Orders for Bankrupts; and also an Act passed in the first year of Bankrupts rethe reign of King James the First, intituled An Act for the better Relief pealed: of the Creditors against such as shall become Bankrupts; and also an Act 34 & 35 H. 8. passed in the twenty-first year of the reign of King James the First, inti- c. 4. tuled For the further Description of a Bankrupt, and Relief of Creditors 13 Eliz. c. 7. against such as shall become Bankrupts, and for inflicting Corporal Punish- 1 Jac. 1. c. 15. ment upon the Bankrupts in some Special Cases; and also an Act passed in 21 Jac. 1. c.19. the thirteenth and fourteenth years of the reign of King Charles the Second, intituled An Act declaratory concerning Bankrupts; and also an Act passed in the tenth year of the reign of Queen Anne, intituled An Act for repealing a Clause in the above-mentioned Statute passed in the Twenty-first Year of the Reign of King James the First, and for the Explanation of the Laws relating to Bankruptcy in Cases of Partnership; and also an Act made in the seventh year of the reign of King George the First, intituled An Act for explaining and making more effectual the 7 G. 1. c. 31. several Acts concerning Bankrupts; and also an Act passed in the fifth 13 & 14 Car. 2 c. 24. 10 Ann. c. 15. year of the reign of King George the Second, intituled An Act to prevent 5 G. 2. c. 30. the committing of Frauds by Bankrupts; and also an Act passed in the nineteenth year of the reign of King George the Second, intituled An Act 19 G. 2. c. 32. for amending the Laws relating to Bunkrupts; and also so much of an Act passed in the twenty-fourth year of the reign of King George the Second, the title of which begins with the words An Act to continue several Laws 24 G. 2. c. 57. therein mentioned for preventing Theft and Rapine, and concludes with the words, and to make some further Provisions in relation to the signing of Certificates for the Discharge of Bankrupts, as relates to the prevention of frauds by bankrupts, and to some further provisions in relation to the signing of certificates for the discharge of bankrupts; and also an Act passed in the fourth year of the reign of His late Majesty King George the Third, intituled An Act for preventing Inconveniencies arising in Cases 4 G. 3. c. 33. of Merchants, and such other Persons as are within the Description of the Statutes relating to Bankrupts, being entitled to Privilege of Parliament, and becoming insolvent; and also so much of an Act passed in the thirty sixth year of the reign of His late Majesty, intituled An Act for the Re- 36 G. 3. c. 90. lief of Persons equitably and beneficially entitled to or interested in the several Stocks and Annuities transferrable at the Bank of England, as relates to trustees in whose names stock shall be standing at the Bank becoming bankrupt, and to bankrupts refusing to transfer stock standing in their own right; and also an Act passed in the thirty-seventh year of the reign of His late Majesty, intituled An Act to make perpetual an Act passed 37 G. 3. c. 124. in the fifth Year of the Reign of His late Majesty, intituled An Act to prevent the committing of Frauds by Bankrupts;' and also so much of an Act passed in the forty-fifth year of the reign of His late Majesty, intituled An Act to amend an Act passed in the Fourth Year of his pre- 45 G. 3. c. 124. reign of His late Majesty, intituled An Act to amend the Laws relating to 46 G. 3. c. 135. His late Majesty, intituled An Act to extend the provisions of an Act of the 56 G. 3. c. 137. No. II. 6 Geo. IV. c. 16. 1 G. 4. c. 115. 3 G. 4. c. 74. 3 G. 4. c. 81. 5 G. 4. c. 98. What Persons ed Traders liable to become Bankrupt. First Year of the Reign of King James the First, intituled An Act for the better Relief of the Creditors against such as shall become Bankrupts; and also so much of an Act passed in the first year of the reign of His present Majesty, intituled An Act to repeal so much of the severa! Acts passed in the Twenty-ninth Year of the Reign of Elizabeth, the Fourth of George the First, the Fifth and Eighth of George the Second, as inflicts capital Punishment on certain Offences therein specified, and to provide more suitable and effectual Punishment for such Offences, as relates to the punishment of frauds committed by bankrupts; and also an Act passed in the third year of the reign of His present Majesty, intituled An Act to amend the Laws relating to Bankrupts under joint Commissions; and also another Act passed in the third year of His present Majesty, intituled An Act to amend the Laws relating to Bankrupts; and also another Act passed in the fifth year of the reign of His present Majesty, intituled An Act to consolidate and amend the Bankrupt Laws, be hereby repealed. II. And be it enacted, That all bankers brokers and persons using shall be deem- the trade or profession of a scrivener, receiving other men's monies or estates into their trust or custody, and persons insuring ships or their freight, or other matters, against perils of the sea, warehousemen, wharfingers, packers, builders, carpenters, shipwrights, victuallers, keepers of inns, taverns, hotels, or coffee-houses, dyers, printers, bleachers, fullers, calenderers, cattle or sheep salesmen, and all persons using the trade of merchandize by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail; and all persons who, either for themselves or as agents or factors for others, seek their living by buying and selling, or by buying and letting for hire, or by the workmanship of goods or commodities, shall be deemed traders liable to What Persons become bankrupt: Provided, that no farmer, grazier, common labourer or workman for hire, receiver-general of the taxes, or member of or subscriber to any incorporated commercial or trading companies established by charter or Act of Parliament, shall be deemed as such a trader liable by virtue of this Act to become bankrupt. not liable. Departing the Realm; absenting; beginning to keep House; yielding to Prison; fraudulent Outlawry; Arrest; Attachment, III. And be it enacted, That if any such trader shall depart this realm, or being out of this realm shall remain abroad, or depart from his dwelling-house, or otherwise absent himself, ot begin to keep his house, or suffer himself to be arrested for any debt not due, or yield himself to prison, or suffer himself to be outlawed, or procure himself to be arrested, or his goods money or chattels to be attached sequestered or taken in execution, or make or cause to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to be made any fraudulent gift delivery or transfer of any of his goods or chattels; every such trader doing, suffering, procuring, executing, permitting, making, or causing to be made any of the acts deeds or matters aforesaid, with intent to defeat or delay his creditors, shall be deemed to have thereby committed an act of bankruptcy. IV. And be it enacted, That where any such trader shall, after this Act shall have come into effect, execute any conveyance or assignment, by deed, to a trustee or trustees, of all his estate and effects for the benefit of all the creditors of such trader, the execution of such deed shall not be deemed an act of bankruptcy, unless a commission issue against such trader within six calendar months from the execution thereof by such trader; provided that such deeds shall be executed by every such trustee within fifteen days after the execution thereof by the said trader, and that the execution by such trader and by every such trustee be attested by an attorney or solicitor; and that notice be given wi hin two months after the execution thereof by such trader, in case such trader reside in London or within forty miles thereof, in the London Gazette, and also in two London daily newspapers; and in case such trader does not reside within forty miles of London, then in the London Gazette and also in one London daily newspaper and one provincial newspaper published near to such trader's residence; and such notice shall contain the date and execu tion of such deed, and the name and place of abode respectively of every such trustee and of such attorney or solicitor. No. II. 6 Geo. IV. c. 16. Prison; Proviso as to lying in Prison at the passing of the Act. Declaration of at the Bank. V. And be it enacted, That if any such trader having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall, upon such or any other arrest or commitment for debt or non-payment of money, or upon any detention for debt, lie in prison for Lying in twenty-one days, or having been arrested or committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him, and not discharged, every such trader shall escaping out be thereby deemed to have committed an act of bankruptcy; or if any of Prison; as such trader, having been arrested committed or detained for debt, shall Acts of Bankescape out of prison or custody, every such trader shall be deemed ruptcy. to have thereby committed an act of bankruptcy from the time of such arrest commitment or detention: Provided, that if any such trader shall be in prison at the time of the commencement of this Act, such trader shall not be deemed to have committed an act of bankruptcy by lying in prison, until he shall have lain in prison for the period of two months. VI. And be it enacted, That if any such trader shall file in the office of Insolvency left the Lord Chancellor's secretary of bankrupts a declaration in writing, rupt Office an signed by such trader, and attested by an attorney or solicitor, that he is Act of Bankinsolvent or unable to meet his engagements, the said secretary of bank- ruptcy. rupts or his deputy shall sign a memorandum that such declaration hath Advertisement been filed,which memorandum shall be authority for the printer of the Lon- to be inserted don Gazette to insert an advertisement of such declaration therein; and in the Gazette. De every such declaration shall, after such advertisement inserted as aforesaid, Commission be an act of bankruptcy committed by such trader at the time when such must issue declaration was filed; but no commission shall issue thereupon, unless it be sued out within two calendar months next after the insertion of such advereitisement, and unless such advertisement shall have been inserted in the Lon don Gazette within eight days after such declaration was filed; and no docket shall be struck upon such act of bankruptcy before the expiration of four days next after insertion of such advertisement, in case such commission is to be executed in London, or before the expiration of eight days next after such insertion, in case such commission is to be executed in the country; and the Gazette containing such advertisement shall be evidence to be received of such declaration having been filed. VII. And be it enacted, That no commission under which the adjudication shall be grounded on the act of bankruptcy, being the filing of such declaration, shall be deemed invalid by reason of such declaration having been concerted or agreed upon between the bankrupt and any creditor or other person. within Two Months. Docket not to be struck be fore Four Days in a Town, or Eight in a Country Commission. Gazette Evi dence. Declaration concerted between Bankrupt and Cre ditor not to invalidate m ni ssion. Commission may either be superseded or VIII. And be it enacted, That if any such trader, liable by virtue of this Act to become bankrupt, shall after a docket struck against him, pay to the person or persons who struck the same or any of them, Trader commoney, or give or deliver to any such person any satisfaction or security with Petitionpounding for his debt or any part thereof, whereby such person may receive more ing Creditor in the pound in respect of his debts than the other creditors, such pay- an Act of ment, gift, delivery, satisfaction or security, shall be an act of bank- Bankruptcy. ruptcy; and if any commission shall have issued upon the docket so struck as aforesaid, the Lord Chancellor may either declare such commission to be valid, and direct the same to be proceeded in, or may order it to be superseded, and a new commission may issue, and such continued; commission may be supported either by proof of such last-mentioned or of any other act of bankruptcy; and every person so receiving such money, gift, delivery, satisfaction or security as aforesaid, shall forfeit his whole debt, and also repay or deliver up such money, gift, satisfaction, or security as aforesaid, or the full value thereof, to such person or persons as the Commissioners acting under such original commission, or any new commission, shall appoint for the benefit of the creditors of such bankrupt. Penalty on compounding. IX. And be it enacted, That if any such trader having privilege of Traders havParliament shall commit any of the aforesaid acts of bankruptcy, a ing Privilege of Parliament may be proceeded against as other Traders. No. II. 6 Geo. IV. c. 16. Trader having privilege of Parliament, not paying or compounding to the Satisfaction of the Creditor, and also entering an Appearance to the Action within One Month, an Act of Bank. ruptcy. Trader having Court of Equity, or in Service and Power to the Lord Chancel lor to issue a Commission. Petitioning Creditor shall make Oath of his Debt, and give Bond to the Lord Chancellor. Commission of bankrupt may issue against him, and the Commissioners and all other persons acting under such commission, may proceed thereon in like manner as against other bankrupts, but such person shall not be subject to be arrested or imprisoned during the time of such privilege, except in cases hereby made felony. X. And be it enacted, That if any creditor or creditors of any such trader having privilege of Parliament to such amount as is herein-after declared requisite to support a commission, shall file an affidavit or affidavits in any Court of Record at Westminster, that such debt or debts is or are justly due to him or them respectively, and that such debtor, as he or they verily believe is such trader as aforesaid, and shall sue out of the same court a summons or an original bill and summons against such trader, and serve him with a copy of such summons, if such trader shall not within one calendar month after personal service of such summons, pay secure or compound for such debt or debts to the satisfaction of such creditor or creditors, or enter into a bond in such sum, and with two sufficient sureties, as any of the judges of the court out of which such summons shall issue shall approve of, to pay such sum as shall be recovered in such action or actions together with such costs as shall be given in the same, and within one calendar month next after personal service of such summons cause an appearance or appearances to be entered to such action or actions in the proper court or courts in which the same shall have been brought, every such trader shall be deemed to have committed an act of bankruptcy from the time of the service of such summons, and any creditor or creditors of such trader to such amount as aforesaid may sue out a commission against him, and proceed thereon in like manner as against other bankrupts. XI. And be it enacted, That if any decree or order shall have been pronounced in any cause depending in any court of equity, or any order made in any matter of bankruptcy or lunacy against any such trader having privilege of Parliament, ordering such trader to pay any sum of money, and such trader shall disobey, the same having been duly served upon him, the person or persons entitled to receive such sum under such decree or order or interested in enforcing the payment thereof pursuant to such decree or order, may apply to the court by which the same shall have been pronounced to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such trader, being personally served with such last-mentioned order eight days before the day therein appointed for payment of such money, shall neglect to pay the same, he shall be deemed to have committed an act of bankruptcy from the time of the service thereof, and any such creditor or creditors as aforesaid may sue out a commission against him, and proceed thercon in like manner as against other bankrupts. XII. And be it enacted, That the Lord Chancellor shall have power, upon petition made to him in writing against any trader having committed an act of bankruptcy, by any creditor or creditors of such trader, by commission under the great seal, to appoint such persons as to him shall seem fit, who shall by virtue of this Act and of such commission have full power and authority to take such order and direction, with the body of such bankrupt, as herein-after mentioned, as also with all his lands, tenements and hereditaments, both within this realm and abroad, as well copy or customary hold as freehold, which he shall have in his own right before he became bankrupt, as also with all such interest in any such lands, tenements and hereditaments as such bankrupt may lawfully depart with all, and with all his money, fees, offices, annuities, goods, chattels, wares, merchandize and debts, wheresoever they may be found or known, and to make sale thereof in manner herein-after mentioned, or otherwise order the same for satisfaction and payment of the creditors of the said bankrupt. XIII. And be it enacted, That the petitioning creditor shall, before any commission be granted make an affidavit in writing before a master ordinary or extraordinary in Chancery, (which shall be filed with the proper officer,) of the truth of such his or their respective debt or debts; and shall likewise give bond to the Lord Chancellor in the penalty of |