23 & 24 Geo.3. e. 55. Ir.

P. 605. last line.-To remove doubts concerning the construction of the 5 Geo. 2. c. 7. Ir. the 23 & 24 Geo. Lawful to lend 3. c. 55. Ir. declares, that it shall be lawful for every person to lend out money at interest, not exceeding the interest limited by said act.

money at interest

49Geo.3.c.121. s. 19. E. & I.

Bankrupts en

titled to leases,

c. delivering

up same to assignees, not lin

P. 622. l. 8.--As the "major part of the commissioners" are hereby competent to all acts, I have, in other places, favoided the repetition of these words.

P. 624. l. 22.-The 49 Geo. 3. c. 121. E. & I. enacts, (s. 19.) that in all cases in which a commission of bankrupt shall be sued forth against any person entitled to any lease or agreement for a lease, and the assignees shall accept the same and the benefit therefrom, as part ble for rent,&c. of the bankrupt's estate and effects, the bankrupt shall not be liable to pay the rent accruing due after such acceptance of the same, nor to be sued in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements, therein contained. Provided, that it shall be lawful for the lessor or person agreeing to make such lease, his heirs, executors, administrators, or assigns, if the assignees shall decline, upon their being required so to do, to determine whether they will or not so accept such lease or agreement, to apply by petition to the lord chancellor, praying that they may either so accept the same, or deliver up the lease or agreement, and the possession of the premises demised or intended to be demised, who shall, thereupon, make such order as shall seem just, which shall be binding on all parties.

s. 13.

Bankrupts in custody in execution, to be

brought before the commission

ers to be examined.

3. 18.

P. 628. l. 4.—The 49 Geo. 3. c. 121. E. & I. provides (s. 13.) that every bankrupt being in custody at the time of his last examination, although charged in execution, shall be brought before the commissioners to be examined by them, in the same manner as is now practised with respect to bankrupts in custody on mesne process; and the gaoler or keeper of the prison in which such bankrupt shall be confined, shall be fully indemnified by the warrant of the commissioners for bringing up such bankrupt for such purpose.

P. 635. l. 9.-By the 49 Geo. 3. c. 121. s. 18. E. & I. the signature and consent of three parts in five, in num

be:

consent of three fifths in number

ber and value of the creditors of the bankrupt, (who Signature and shall be creditors for not less than £20. respectively, and who shall have duly proved their debts under the and value of creditors to certifi-` commission, or some other person by them duly autho- cate, sufficient. rized thereunto,) to the allowance, and certificate and discharge of the bankrupt, shall be as available for the benefit of the bankrupt, as, before the passing of this act, the signature and consent of four parts in five, &c. would have been; and such signature and consent of three parts in five, &c. shall be sufficient to authorize all acts to be done by the lord chancellor, and the commissioners in such commission of bankrupt, and all others, for the benefit of the bankrupt, which under any prior act of parliament would have been authorized by the signature and consent of four parts in five, &c.

.8.2.

months before

when valid.

P. 640. l. 15.-The 49 Geo. 3. c. 121. E. & I. provides (s. 2.) that in all cases of commissions of bankrupt, hereafter to be issued, all executions and attachments Executions and against the lands and tenements, goods and chattels of attachments 2 the bankrupt, bona fide, executed or levied more than 2 commission calendar months before the date and issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy committed by such bankrupt; provided the person at whose suit such execution, &c. shall have issued, had not at the time of executing or levying the same, any notice of any prior act of bankruptcy by such bankrupt committed, or that he was insolvent or had stopped payment: Provided that the issuing of a commission of bankrupt, although such commission shall mission when be afterwards superseded, shall be deemed such notice, if it should appear that an act of bankruptcy had been actually committed at the time of issuing such com

mission.

Issuing of com

deemed notice.

$, 1.

So much of

P. 642. l. 23.-By the 49 Geo. 3. c. 121. s. 1. E. & I. so much of the 46 Geo. 3. c. 135. U. K. as provides, "that the striking a docket for the purpose of issuing a 46Geo.3.c.135. commission, whether any commission shall issue there- as declares the upon, or not, shall be deemed notice of a prior act of docket notice of bankruptcy for the purposes of said act, if it should ap- bankruptcy, re

pear

striking of a

a prior act of

pealed.

s. 16.

Persons insur

ing with under

writers who be come bankrupts, admitted to

prove loss of

s. 17.

tors admitted to

prove the value under any commission.

pear that an act of bankruptcy had been actually committed at the time of striking such docket," is repealed. P. 643. l. 29.-By the 49 Geo. 3. c. 121. s. 16. E. & I. every person who hath effected or shall effect any policy of insurance upon ships, goods, wares, merchandize, or other effects, with any person as a subscriber or under

writer, who is or shall become bankrupt, shall be adthose interested, mitted to prove any loss to which such bankrupt is or shall be liable in respect of his subscription to such policy, notwithstanding the person effecting such policy is not the person beneficially interested in such ships, &c. provided the person really interested is not in that part of the united kingdom in which the commission of bankrupt shall have issued in the proceedings under which such loss is to be proved. And by s. 17. it shall be competent to any annuity creditor of any person - against Armily credi- whom a commission of bankrupt shall issue, whether the same shall be secured by bond or covenant, or bond and covenant, or by whatever assurance the same shall be secured, and whether there shall or shall not be or have been any arrears of such annuity at or before the time of the bankruptcy, to prove under such commission as a creditor for the value of such annuity, which value the commissioners shall ascertain; and the certificate of every bankrupt under whose commission such proof shall be or might have been made, shall be a discharge of such bankrupt against all demands in respect of such annuity, and the arrears and future payments thereof, in the same manner as such certificate would discharge the bankrupt with respect to any other debt proved or which might have been proved under such commission. P. 644. l. 21.—By the 49 Geo. 3. c. 121. s. 8. E. & I. in all cases of commissions of bankrupt already issued Sureties, &c. for bankrupts under which no dividend has yet been made, or under when permitted which the creditors who have not proved, can receive a

S. 8.

to prove under commission.

༣

dividend equally in proportion to their respective debts, without disturbing any dividend already made; and in all cases of commissions of bankrupt hereafter to be issued, where at the time of issuing the commission any person shall be surety for or be liable for any debt of the

bankrupt

bankrupt, it shall be lawful for such surety or person liable, if he shall have paid the debt, or any part thereof in discharge of the whole debt, although he may have paid the same after the commission shall have issued, and the creditor shall have proved his debt under the commission, to stand in the place of the creditor as to the dividends upon such proof; and when the creditor shall not have proved under the commission, it shall be lawful for such surety, or person liable, to prove his demand in respect of such payment, as a debt under the commission, not disturbing the former dividends, and to receive a dividend or dividends proportionably with the other creditors taking the benefit of such commission, notwithstanding such person may have become surety or liable for the debt of the bankrupt after an act of bankruptcy committed by such bankrupt, provided that such person had not at the time when he became such surety, or when he so became liable for the debt of such bankrupt, notice of any act of bankruptcy by such bankrupt committed, or that he was insolvent, or had stopped payment; provided always, that the issuing a commission of bankrupt, although such commission shall afterwards be superseded, shall be deemed such notice; and every person against whom any such commission of bankrupt has been or shall be awarded, and who has obtained or shall obtain his certificate, shall be discharged of all demands at the suit of every such person having so paid, or being hereby enabled to prove as aforesaid, or to stand in the place of such creditor as aforesaid, with regard to his debt in respect of such suretyship or liability, in like manner as if such person had been a creditor before the bankruptcy for the whole of the debt, in respect of which he was surety or was so liable as aforesaid. And by s. 9. every person who hath given or shall give credit to any person who is or shall Debts payable become bankrupt, upon good and valuable considera- in futuro / te tion, bona fide, for any money which is or shall not be proved. due or payable at or before the time of such person's becoming bankrupt, shall be admitted to prove such debt as if the same were payable presently, or not at a future

day,

s. 14.

Persons proving

mission not to

prected by ac

tion.

day, and shall receive proportional dividends of such bankrupt's estate equally with the other creditors of such bankrupt, deducting only thereout a rebate of interest for what they shall so receive, at the rate of £5. per cent. per annum, under commissions which have issued or shall issue in England, and at the rate of £6. per cent. per annum under commissions which have issued or shall issue in Ireland, to be computed from the actual payment thereof to the time such debts would become payable according to the terms upon which the same were contracted. By s. 14. it shall not be lawful for any creditor who has or shall have brought any action, or instituted debts under com- any suit against any bankrupt, in respect of any demand which arose prior to the bankruptcy of such bankrupt, or which might have been proved as a debt under the commission issued against such bankrupt, to prove a debt under such commission for any purpose, or to have the claim of a debt entered upon the proceedings under such commission, without relinquishing such action, &c. and all benefit from the same; and the proving or so claiming a debt under a commission of bankrupt, shall be deemed an election by such creditor to take the benefit of such commission with respect to the debt so proved or claimed by him: Provided that such creditor shall not be liable to the payment to the bankrupt, or his assignees, of the costs of such action, &c. which shall be so relinquished by him: And provided also, that where any such creditor shall have brought any action, &c. against such bankrupt jointly with any other person, his relinquishing such action, &c. against such bankrupt, shall not affect such action, &c. against such other person.

$. 5.

clared villas

Count on oath.

P. 647. l. 11.—The 49 Geo. 3. c. 121. E. & I. provides (s. 5.) that the commissioners shall in no case deNod vidend de- clare a dividend upon admission only of a certain sum signees shall ac- in the hands of the assignees, but shall require such assignees to deliver upon oath a true statement in writing of all sums of money received by such assignees, and when received by them respectively, and on what accounts, and how employed, and shall examine such statement and compare the receipts with the payments, and

ascertain