Depositions conclusive in actions or suits by assignees for any debt of the bankrupt, unless he dispute the commission, &c. Proviso for court when sued by the assignee within the time for bankrupt to dispute. trading or act or acts of bankruptcy respectively, as against any of the parties in such suit, except such parties as shall, within ten days after rejoinder, give notice in writing to the assignees of his or their intention to dispute some and which of such matters (e); and where such notice shall have been given, if the assignees shall prove the matter so disputed (f), the costs occasioned by such notice, to be taxed by the proper officer, shall, if the court see fit, be paid by the party or parties so giving such notice as aforesaid, and the service of such notice may be proved by affidavit upon hearing of the cause.-[See Arch. B. L. 406.] XCII. And be it enacted, That if the bankrupt shall not (if he was within the United Kingdom at the issuing of the commission) within two calendar months after the adjudication, or (if he was out of the United Kingdom) within twelve calendar months after the adjudication, have given notice of his intention to dispute the commission, and have proceeded therein with due diligence, the depositions taken before the commissioners at the time of or previous to the adjudication of the petitioning creditor's debt or debts, and of the trading and act or acts of bankruptcy, shall be conclusive evidence of the matters therein respectively contained, in all actions at law, or suits in equity, brought by the assignees for any debt or demand for which the bankrupt might have sustained any action or suit (g).-[See Arch. B. L. 387, 392, 406.] XCIII. And be it enacted, That if the assignees commence debtor to the any action or suit for any money so due to the bankrupt beestate paying the debt into fore the time allowed as aforesaid for him to dispute the commission shall have elapsed, any defendant in any such action or suit shall be entitled, after notice given to the assignees, to pay the same, or any part thereof, into the court in which such action or suit is brought, and all proceedings with respect to the money so paid into court shall thereupon be stayed, and, after the time aforesaid shall have elapsed, the assignees shall have the same paid to them out of court.-| -[See Arch. B. L. 387.] XCIV. And be it enacted, That all persons from whom mission after the assignees shall have recovered any real or personal estate, either by judgment or decree, are hereby discharged, in case If the com wards super (e) And be it further enacted, by the authority aforesaid, That from and after the passing of this act, in all suits in equity now instituted, or hereafter to be ínstítuted, by or against any assignee of any bankrupt, the commission of bankrupt, and the proceedings of the commissioners under the same, shall be evidence to be received of the petitioning creditor's debt, and of the trading and bankruptcy of such bankrupt, as against all the other parties in such suit, unless such parties, some or one of them, shall, within ten days after the rejoinder in the cause, give notice in writing to the assignee that they or he intend to dispute the said trading, peti tioning creditor's debt, or act of bankruptcy, or some or one of such matters. (49 Geo. 3, c. 121, s. 11.) (f)" to the satisfaction of the court." (g) This section differs materially from a section on the same subject, 49 Geo. 3, c. 121, s. 10; there the depositions of the petitioning creditor's debt, &c., were made evidence of these facts, unless notice were previously given of an intention to dispute them here, if no such notice be given, the facts of there being a sufficient petitioning creditor's debt, trading, and act of bankruptcy, will be considered as admitted. from whom the commission be afterwards superseded, from all demands seded, persons which may thereafter be made in respect of the same by the the assignees person or persons against whom such commission issued, and have recoverall persons claiming under him or them; and all persons who ed, or bonâ fide paying shall without action or suit bonâ fide deliver up possession of the assignees, any real or personal estate to the assignees, or pay any debt &c.discharged claimed by them, are hereby discharged from all claim of any from claims such person or persons as aforesaid in respect of the same, or any person claiming under him or them; provided such notice to try the validity of the commission had not been given and been proceeded in within the time and manner aforesaid.[See Arch. B. L. 402.] by the bank rupt. XCV. And be it enacted, That all things done pursuant Office for reto the act passed in the fifth year of King George the Second, ceedings in gistering proand hereby repealed, whereby it was enacted, that the Lord bankruptcy. Chancellor should appoint a place where all matters relating to commissions of bankruptcy should be entered of record and should appoint a person to have the custody thereof, be hereby confirmed; and the Lord Chancellor shall be at liberty, from time to time, by writing under his hand, to appoint a proper person, who shall by himself or his deputy (to be approved by the said Lord Chancellor) enter of record all matters relating to commissions (h), and have the custody of the entries thereof; and the person so to be appointed, and his deputy, shall continue in their respective offices so long as they shall respectively behave themselves well, and shall not be removed, except by order in writing under the hand of the Lord Chancellor on sufficient cause therein specified (i).-[See Arch. B. L. 4.] cation, con be received in XCVI. And be it enacted, That in all commissions issued No commisafter this act shall have taken effect, no commission of bank- sion, adjudiruptcy, adjudication of bankruptcy by the commissioners, or veyance, or assignment of the personal estate of the bankrupt, or certificate certificate to of conformity, shall be received as evidence in any court of evidence unlaw or equity, unless the same shall have been first so entered less entered of record as aforesaid; and the persons so appointed to enter of record. matters of record as aforesaid shall be entitled to receive for What fees to such entry of every such commission, adjudication of bankrupt- be paid for ey, assignment, or order for vacating the same respectively, having the certificate of such entry indorsed thereon respectively, the fee of two shillings each, and for the entry of every certificate of conformity, having the like certificate indorsed thereon, six shillings; and every such instrument shall be so entered of record upon the application of or on behalf of any party interested therein, and on payment of the several fees aforesaid, without any petition in writing presented for that ()such commissions, depositions, proceedings, and certificates, and other matters and things."-(5 Geo. 2, c. 30, s. 41.) (1) 5 Geo. 2, c. 30, s. 41, which was al tered and extended entry. by 1 & 2 Geo. 4, c. This last act is still & 3 Will. 4, c. 114, Lord Chan cellor may direct certain Liberty to search. Certificate of entry in purpose; and the Lord Chancellor may, upon petition, direct any depositions, proceedings, or other matter relatother matters ing to commissions of bankruptcy to be entered of record to be entered. as aforesaid, and also appoint such fee and reward for labour therein of the person so appointed as aforesaid as the Lord Chancellor shall think reasonable (k); and all persons shall be at liberty to search for any of the matters so entered of record as aforesaid (1): Provided that on the dorsed to be production in evidence of any instrument so directed to be entered of record, having the certificate thereon, purporting to be signed by the person so appointed to enter the same, or by his deputy, the same shall, without any proof of such signature, be received as evidence of such instrument having been so entered of record as aforesaid.-[See Arch. B. L. 398, 399, 380.] evidence of entry. Office copies made evidence in certain cases. Costs of producing original instru ment, when not allowed. deeds, and XCVII. And be it enacted, That in every action, suit, or issue, office copies of any original instrument or writing filed in the office or officially in the possession of the Lord Chancellor's secretary of bankrupts, shall be evidence to be received of every such original instrument or writing respectively and if any such original instrument or writing shall be produced on any trial, the costs of producing the same shall not be allowed on taxation, unless it appears (m) that the production of such original instrument or other writing was necessary (n).—[See Arch. B. L. 400, 407.] : Commissions, XCVIII. And be it further enacted, That after this act other instru- shall have come into effect all commissions of bankrupt, and mentsrelating also all deeds, conveyances, assignments, surrenders, admisto estates and sions, and other assurances of or to, or relating solely to any effects of bankrupts, not liable to stamp duty. freehold, leasehold, copyhold or customary messuages, lands, or tenements, or any mortgage, charge, or other incumbrance upon, or any estate, right, or interest of and in any messuages, lands, tenements, or personal estate, being the estate of or helonging to any bankrupt or bankrupts, or part or parcel thereof, and which after the execution of such deeds, conveyances, assignments, surrenders, or assurances respectively shall, either at law or in equity, be or remain the estate and property of (k) that upon the petition of any person or persons to the Lord Chancellor, Lord Keeper, or Commissioners for the custody of the Great Seal of Great Britain, praying that such commissions and the depositions taken thereon, or any part of such depositions, and such certificates so to be allowed and confirmed as aforesaid, or any certificates heretofore allowed and confirmed, or any other matters or things relating to the said commissions, or the proceedings thereupon, may be entered of record, the Lord High Chancellor, Lord Keeper, or Commissioners of the Great Seal shall and may direct and order such commissions, depositions, proceedings, and certificates, or other matters or things, to be entered of record."-(5 Geo. 2, c. 30, s. 41.) ()" and see if the same are duly entered of record.”—(5 Geo. 2, c. 30, s. 41.) (m) "to the satisfaction of the officer who shall tax such costs." (3 Geo. 4, c. 81, s. 7. See 2 & 3 Will. 4, c. 114, post.) (n) In the 3 Geo. 4, c. 81, s. 7, the fol lowing provision is added: Provided always, that nothing herein contained shall extend to authorize the receiving in evidence of such office copy, or to alter or affect any evidence now required on trial of any indictment or prosecution for felony or perjury, or other offence or misdemeanor." such bankrupt or bankrupts, or the assignee or assignees appointed or chosen by virtue of the commission issued against him or them respectively, and also all powers of attorney, writs of supersedeas and procedendo, certificates of conformity, affidavits, and all other instruments and writings whatsoever relating solely to the estate or effects of any bankrupt or bankrupts, or any part thereof, or to any proceedings under any commission of bankrupt, and all advertisements inserted in the London Gazette relating solely to matters in bankruptcy, shall not be liable to any stamp duty or any other government duty whatsoever; and all sales of any real or personal estate Sales not liaof any bankrupt or bankrupts shall not be liable to any auction ble to auction duty. duty. [See Arch. B. L. 31.] false affirm XCIX. And be it enacted, That any bankrupt or other Punishment person who shall, in any examination before the commis- of perjury and sioners, or in any affidavit or deposition authorized or di- ation. rected by the present or any act hereby repealed, wilfully and corruptly swear falsely, being convicted thereof, shall suffer the pains and penalties in force against wilful and corrupt perjury; and where any oath is hereby directed Provision as or required to be taken or administered, or affidavit to be to Quakers. made by or to any party, such party, if a Quaker, shall or may make solemn affirmation, and such Quaker shall incur such danger or penalty for refusing to make such solemn affirmation in such matters, when thereto required, as is hereby provided against persons refusing to be sworn; and all Quakers who shall in any such affirmation knowingly and wilfully affirm falsely, shall suffer the same penalties as are provided against persons guilty of wilful and corrupt perjury; and all persons before whom oaths or affidavits are hereby directed to be made are respectively empowered to administer the same, and also such solemn affirmation as aforesaid ().-[See Arch. B. L. 31.] forfeitures. C. And be it enacted, That all sums of money forfeited Application of under this act, or by virtue of any conviction for perjury committed in any oath hereby directed or authorized, may be sued for by the assignees (p) in any of his Majesty's courts of record; and the money so recovered (the charges of suit being deducted) shall be divided among the creditors (q).— [See Arch. B. L. 239.] a book of ac CI. And be it enacted, That the assignees shall keep an Assignees diaccount wherein they shall enter all property of the bank- rected to keep rupt received by them, and all payments made by them on count of account of the bankrupt's estate, which account every cre- bankrupt's ditor who shall have proved may inspect at all seasonable estate. times (r); and it shall be lawful for the commissioners at all Commissiontimes by writing under their hands to summon the assignees ers may sum (0) 5 Geo. 2, c. 30, s. 29; and see also 3 Geo. 4, c. 81, s. 6. (p)" by the said creditors only, or any of them that will sue for the same."-(1 Jac. 1, c. 15, s. 12.) (q) 13 Eliz. c. 7, s. 8 mon as signees, &c. Creditors to direct where the money arising from the bank rupt's estate shall be paid in, &c. before them, and require them to produce all books, papers, deeds, writings, and other documents relating to the bankruptcy, in their possession; and if such assignees so summoned shall not come before the commissioners at the time appointed (having no impediment made known to the commissioners at the time of their meeting, and allowed by them), it shall be lawful for the said commissioners, by warrant under their hands and seals, directed to such person as they shall think fit, to cause such assignees to be brought before them; and upon their refusing to produce such books, deeds, writings, papers, or documents as aforesaid, it shall be lawful for the said commissioners to commit the party so refusing to such prison as they shall think fit, there to remain without bail, until such party shall submit himself to the said commissioners.-[See Arch. B. L. 377.] CII. And be it enacted, That at the meeting of creditors for the choice of assignees, the major part in value of such creditors there present may direct how, and with whom, and where the money received from time to time out of the estate shall be paid in and remain until it be divided; and if such creditors shall not make such direction as aforesaid, the commissioners shall, immediately after such choice and at the same meeting, make such direction; but no money shall be directed to be paid into the hands of any of the commissioners, or of the solicitor to the commission, or into any banking-house, or other house of trade in which any such commissioner, assignee, or solicitor is interested(s). [See Arch. B. L. 167.] (s) And whereas by an act of parliament made in the fifth year of the reign of his late Majesty King George the Second, intituled An act to prevent the committing "of frauds by bankrupts," it is amongst other things enacted, that before the creditors of any bankrupt shall proceed to the choice of assignees of the bankrupt's estate, the major part in value of the said bankrupt's creditors then present shall, if they think fit, direct in what manner, how and with whom, and where the mo nies arising by, and to be received from time to time out of the bankrupt's estate, shall be paid in and remain, until the same shall be divided amongst all the creditors, as by that act is directed; to which rule and direction every such assignee or assignees afterwards chosen are to conform as often as one hundred pounds shall be got in and received from such bankrupt's estate, and are thereby indemnified for what they do in pursuance of such direction of the said creditors as aforesaid: And whereas the creditors of bankrupts do not in all cases avail themelves of the said power given them by he said recited act: And whereas the foresaid direction of the said act has been in many instances disobeyed by the Issignees of the estates of bankrupts who have, notwithstanding such direction, kept in their hands, or employed for their own benefit, large sums of money, part of the bankrupt's estates, be it enacted, by the authority aforesaid, That from and after the passing of this act, if in any case the major part of the creditors of any bankrupt shall not, before they shall proceed to the choice of assignees of the bankrupt's estate, direct in what manner, how and with whom, and where the monies arising from the bankrupt's estate shall be paid in and remain in pursuance of the power given to them by the said recited act; it shall be lawful for the commissioners or the major part of them, and they are hereby required, immediately after the coinmissioners shall have proceeded to the choice of assignees, and at the same meeting, to direct in what manner, how and with whom, and where the monies arising by and to be received from time to time out of the bankrupt's estate shall be paid in, and remain until the same shall be divided amongst the creditors, as by the same recited act is directed; to which rule and direction the assignee or assignees of the bankrupt's estate shall conform as often as one hundred pounds shall be got in and received from such bankrupt's estate, and shall be and |