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BANKRUPT continued

mission, proveable, if without notice of such act of

bankruptcy, I. 643
debts contracted by bankrupt 2 calendar months before

suing forth of commission, and without notice of bank.

ruptcy, may be set off, I. 644
sureties or persons liable to debts of bankrupt, may prove

in respect of payments as sureties, &e. though made af-
ter issuing of commission, and though such persons be-
came sureties, &c. after act of bankruptcy, provided
such persons had not notice of act of bankruptcy,

when they became sureties, &c. Ad. I. 50
if original creditor has proved, surety may stand in his

place as to dividends, Ad. I. 50
in Ireland, creditors proving debts due by account must

produce a copy signed by themselves, and swear to the
truth thereof; where debts not above £20. copy of
assignment, inrolled, evidence of commission and bank-

ruptcy, I. 645, 6
persons proving false debts liable to pains of perjury, and

forfeit double, 1. 644
overplus of forfeitures after paying creditors, how distri.

buted, I. 645
assignees, with consent of major part in value of creditors

who have proved their debts, may refer matters to ar-
bitration, compound debts, and commence suits in

equity, I. 645
proving debt under commission deemed an election not to

proceed by action : but creditor so relinquishing action
not to pay costs : nor shall bis action against a

fendant be thereby relinquished. Ad. I. 52
in Ireland, debtor liable to interest, if debt not paid within

3 months after issuing commission, and demand by as.

signees, I. 615.
commissioners to order a first dividend after 4 months,

and within 12 months, after issuing of commission, giv-

ing 21 days' notice, I. 646
assignees' accounts investigated, &c. at such meeting, to

pay forthwith after order, and take receipts in a book

1. 646
no dividend declared till assignees account on oath, Ad.

1. 52
second dividend within 18 months, &c.: such dividend fi.

nal, unless suit depending, estate outstanding, or ma-

jor part of creditors do not agree thereto, I. 647
any future estate divided within 2 months after converted

into money, I. 647
remedy for dividend against assignee to be by petition to

chancellor, Ad. I. 53
ereditors if not paid under commission, may sue bank.

rupt for balance, (unless barred by certificate,) I. 647
commissioners upon request to shew to bankrupts the dis.

BANKRUPT continued

position made of their estate, and hand over balance,
&c. I. 648
assignees to keep regular books of account open for in-

spection, 1. 648
creditors before choice of assignees to direct where bank.

rupt's monies shall be deposited ; or commissioners shall
give such direction; provided they shall not be depo-
sited with a commissioner, or solicitor of the commissi-
on, or in any bank, &c. in which they are concerned,

&c. I. 648. Ad. I. 53
if assignees do not so deposit the monies received, they

shall be charged £20. per cent. interest on money re-

tained. Ad. I. 54
in Ireland, if assignees shall not pay dividend as ordered

by commissioners, [*or shall not lodge money as di.
rected] within 21 days, they shall be charged £10. per
cent. to be retained out of dividend, or recovered by ci-

vil bill, I. 648
if any assigaee becomes bankrupt, having £100. of bank-

rupt's estate wilfully retained, his certificate shall not

discharge his future estate, Ad. 1. 54
commissioners may invest bankrupt's money in exchequer

bills, Ad. I. 55
agent or clerk, or person taking out commission, to be
under control of commissioners, and take a certain

oath, I. 649
messenger also to take a certain oath, and shall not act as

agent to commission, I. 650
fees, &c. of solicitors, &c, employed under commission

taxed by master of chancery, 1. 651
no schedule of personal estate annexed to deed of assign-

ment; and expenses of eating and drinking restrained,

I. 652
in Ireland chancellor may settle fees upon issuing com-

mission, and other proceedings, I. 652
expenses of suing forth commission ordered at meeting

for the choice of assignees, I. 652
creditors may prove without paying any contribution,

I. 652
fecs, &c. of commissioners limited, I, 652
half fees paid for granting renewed commission, I. 654
pleading and costs in actions against persons acting under


bankrupt law, I. 652
proceedings under commission recorded, and where, and

copies when evidence, I. 650
commission and proceedings thereon evidence of petiti.

oning creditor's debt, trading and bankruptcy, unless
notice requiring proof' thereof, which shall be at the
peril of costs, Ad. 1.55, 6

* It is doubted whether this clause is not superseded or virtually repealed
by the clause of Sir S, Romilly's act in preceding paragraph of this index.

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BANKRUPT, continued.

proceedings under commission, not abated by death of

bankrupt, or of the king, I. 653
commission valid though petitioning creditor's debt con-

tracted after bankruptcy, if no notice of such prior act

of bankruptcy when debt contracted, I. 653
bankrupt statutes to be liberally construed for creditors,

I. 653

See EQUITY. Master OF THE Rolls.

of freehold lands to be by deed indented, &c. and to be

inrolled within 6 months, &c. such inrolment how to

be and where, II, 539
where such deed is pleaded with a profert copy of inrol-

ment evidence, the recital of the bargain and sale in
deeds of lease and release, evidence of such bargain
and sale, &c. : and in pleading deeds of lease and re-

lease, profert of release sufficient, I, 540
BARN. See Mischief, Riot.

BARONY CLERKS. See County Court.

arresting, &c. to answer in court holding plea of personal

actions in the name, &c; of an unknown person, or with-
out the consent of the person at whose suit such arrest

shall be, II. 598
sheriffs, &c. issuing warrants without authority of writs,

II. 599
serjeant, pleader, or other deceiving the court, II. 600.


what oaths, &c. they shall take, &c. before practising, II.

25. 30.
attendance at the inns of court in England, and king's inns,

Dublin, required previous to being admitted in Ireland,

II. 33

deceiving court or party, how punished, II. 600

powers of justices of peace to compel the mothers or pu-

tative fathers to relieve parishes from their sustentati.

on, I. 415
reputed fathers liable to the expenses of the birth of such
children, and the costs of their own apprehension, and

of the order of filiation, Ad. I, 32
where single woman shall, upon oath, declare herself with


BANKRUPT continued,

child, and that such child is likely to be a bastard, and
chargeable, &c. powers of justices for apprehending

and committing the persons charged, Ad. I. 32
reputed father or mother disobeying any order of filiation

or maintenance, how punished, Ad. I. 33, 4
mothers of bastards, how punished, Ad. I. 88
the settlement of the mother deemed the settlement of the

child, 1. 417. Ad. J. 35
trials of women for murdering them to be as in other cases

of murder ; but though acquitted of the murder, if
found guilty of concealing the birth by secret burying,

&c. how punished, II. 903, 4

trial of question by certificate of bishop, II. 231
proclamations made in chancery before writ awarded to

bishop, Ad. I. 152

fines for, abolished, II. 269.. Ad. I. 78


extended to laymen, and canonical purgation abolished,

II. 1215, 6
those admitted to it once shall not have it a second time,

II. 1215, 6
persons praying it burned in the hand in open court ; and

may be imprisoned for a year, II. 1215, 6
lords or peers of the realm in what cases admitted to be-

nefit of clergy: and not to be burned in the hand the

first time, II. 1215
women convicted of clergyable felonies punished as men;

and shall not have the benefit of the statute a second

time, IJ. 1217
allowance of, no bar to prosecution for any other felony,

II. 1218
clerks of the crown, &c. shall certify unto king's bench

a transcript of indictment, &c. containing names, &c.

of parties attainted, &c. II. 1218
clerk of the crown, &c. of county where person has been

convicted of a clergyable felony, shall certify convic-
tion, &c. to county where such person is to be subse-

quently tried for another felony, Il. 1219
court may order offender liable to transportation to be

transported to America, or elsewhere beyond the seas,

II. 1221-1230
persons liable to be transported may be transferred to any

person, &c. contracting for such transportation, either
by the court before which they shall be convicted, or

any subsequent court, Ad. II. 492
order of transfer may be made by a single judge where


conditional pardon signified by a secretary of state, Ad.

II. 493 persons undertaking to transport offenders to give secu

rity, Ad. II. 494 such securities how taken, &c. Ad. II. 494-5 when offenders are transported in king's ships, security

may be dispensed with, II. 1226 persons contracting may take offenders through any

county, &c. to seaport: expenses how defrayed : and

rescuing them, &c. a capital felony, Ad. 11. 495 a capital felony for person ordered or agreeing to be

transported to be at large within the kingdom before expiration of his term, and how and where tried ; and

prosecutors how rewarded, II. 1225. Ad. II. 496 the king may dispense with transportation, or allow of

fenders to return, II. 1225. Ad. II. 496 judges may alter, if necessary, the place mentioned in

sentence, II. 1225. Ad. II. 496 judges may order convicts to be imprisoned and kept to

hard labour till transported, II. 1227 the king, or 3 jnstices of peace authorized by him, may

assign places for their imprisonment, &c. until tran

sportation, Ad. II. 497 duty of superintendant of such places of imprisonment,

Ad. II. 498, &c. punishment of escape or rescue, &c. from such places,

Ad. II. 500 clerks of the crown, &c. in Ireland to certify to lord lieu

tenant names, &c. of persons under rule of transportation; who may issue his warrants to sheriffs to transmit them for transportation; and cause ships to be en

gaged for the purpose, II. 1929 expenses of transmitting such convicts how defrayed, Ad.

II. 502 lord lieutenant may order felons and vagabonds under rule

of transportation to be transported to any place beyond the seas; and transfer them to persons who shall have

a property in their service for the term, II. 1230-1 persons under rule of transportation breaking gaol, &c.

guilty capitally and where and how tried ; harbouring

such offenders a capital felony, II. 1231 persons convicted of capital felonies who shall be trans

ported, and afterwards return without license, shall suf.

fer death, &c. II. 1232 persons transported or exiled for rebellion in 1799 return

ing, how punished, II. 1232 masters of ships fraudulently violating contracts for tran:

sporting felons or vagabonds guilty capitally; where

tried, Il. 1233 court may substitute fine or whipping for burning in the

hand; or order offender to be detained in gaol for any

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