navy, be deemed beneficial for the public service in relation thereto, or for the better management thereof, which might be done by any person or persons having a like interest in any such like manors, messuages, lands, tenements or hereditaments."

Sect. 5. "And be it further enacted, that the monies to arise and be produced by the sale or exchange of any of the said manors, messuages, lands, tenements or hereditaments which shall be sold or exchanged under the provisions of this present act, shall be paid by the respective purchaser or purchasers thereof, or the person or persons making such exchange, unto the treasurer of his majesty's navy for the time being, or to such other person or persons as the said principal officers and commissioners of his majesty's navy for the time being, or any three or more of them, shall direct or appoint to receive the same, for the use of his majesty, his heirs and successors; and that the receipt of the said principal officers and commissioners, or of any three or more of them, or of the said treasurer for such monies, (such receipt to be indorsed on every such conveyance, surrender or assignment as aforesaid,) shall effectually discharge the purchaser or purchasers, or person or persons by whom or on whose account the same shall be paid."

Sect. 6. "And be it further enacted, that immediately from and after the payment of such purchase money, and the execution of every such conveyance, surrender and assignment as aforesaid, the purchaser or purchasers therein named shall be deemed and adjudged to stand seized and possessed of the manors, messuages, lands, tenements and hereditaments which shall be so purchased by and conveyed, surrendered, assigned or made over to him, her or them respectively, freed and absolutely discharged of and from all and all manner of prior estates, leases, rights, titles, interests, charges, incumbrances and demands whatsoever, which can or may be had, made or set up in, to, out of or upon or in respect of the same manors, messuages, lands, tenements or hereditaments, by any person or persons whomsoever, on any account whatsoever, (save and except such estates, leases, rights, titles, interests, charges, incumbrances, claims and demands as in any such conveyance, surrender or assignment shall be excepted)."

Sect. 7. "Provided always and be it further enacted, that in case any person or persons shall have any just and legal or equitable right to any of the manors, messuages, lands, tenements and hereditaments which shall be so sold and conveyed as aforesaid, or to any part or parts thereof, or to any charge, incumbrance or demand affecting the same, and (not being under any of the disabilities hereinafter mentioned) shall within five years next after every such right or claim shall by law or equity accrue to or become vested in him, her or them respectively, or being femes covert, (except femes covert whose estates have been or may be sold under the authority of this or any other act of parliament for that purpose,) persons within the age of twenty-one years, in prison or out of this kingdom, or not of whole mind at the time of such sale and conveyance as aforesaid, shall, within five years next after they shall respectively come and be discovert, at their full age of twenty-one years, out of prison, within this land, or of whole

mind, make out and establish such right or claim to the satisfaction of the principal officers and commissioners of his majesty's navy for the time being, then and in such case the said principal officers and commissioners shall make or cause to be made a fair and reasonable compensation or satisfaction for every such right and claim so made out and established as aforesaid; but such compensation or satisfaction shall not in any case exceed the amount of the purchase money or purchase monies which shall have been paid to and received by the said principal officers and commissioners, or the said treasurer, for the manors, messuages, lands, tenements and hereditaments in respect whereof such right or claim shall be so made out as aforesaid, or a proportional part thereof, exclusive of the value of any buildings or improvements which shall have been erected or made thereon for the use of any of the departments of the said naval service."

Sect. 10. "And be it further enacted, that it shall be lawful for all bodies politic or corporate, ecclesiastical or civil, and all feoffees or trustees for charitable or other purposes, and for all tenants for life and tenants in tail, and for the husbands, guardians, trustees, committees, curators or attornies of such of the owners or proprietors of or persons interested in any manors, messuages, lands, tenements or hereditaments which have been or may be hereafter agreed to be taken or purchased for the use of the several departments of the said naval service, or any of them, as shall be femes covert, infants, lunatics, idiots, or persons beyond the seas, or otherwise incapable of acting for themselves, to contract and agree with the said principal officers and commissioners of his majesty's navy for the time being, either for the absolute sale or exchange of any such freehold or copyhold manors, messuages, lands, tenements or hereditaments, or for the enfranchisement of any copyhold messuages, lands or hereditaments, or sale of any reversion after any estate or estates for lives or years, or for the grant of any lease either for life or lives, or for any term of years certain herein, or for such period as the exigency of the public service shall require, and to convey, surrender, demise or grant the same accordingly; and all contracts, sales, conveyances, enfranchisements, surrenders, leases and agreements which shall be made in pursuance hereof, shall be valid and effectual in law to all intents and purposes whatsoever, and shall be a complete bar to all dower and claims of dower, estates tail and other estates, rights, titles, trusts and interests whatsoever."

6 GEO. IV. c. 16.

"An act to amend the laws relating to bankrupts."

The first section repeals the act of 5 Geo. IV. c. 98, and all prior statutes relating to bankrupts.-The second section explains what persons are and are not to be deemed traders within the meaning of the act.-The third section is explanatory of the deeds and matters by which traders shall be deemed to have committed an act of bankruptcy.-See also section 8.-And note, that by the fifth section, lying in prison for twenty-one days, or escaping out of prison, are declared to be acts of bankruptcy.

Sect. 4. "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 deed 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 within 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 execution of such deed, and the name and place of abode repectively of every such trustee, and of such attorney or solicitor."

Sect. 6. "And be it enacted, that if any such trader shall file in the office of the Lord Chancellor's secretary of bankrupts a declaration in writing signed by such trader, and attested by an attorney or solicitor, that he is insolvent or unable to meet his engagements, the said secretary of bankrupts or his deputy shall sign a memorandum that such declaration hath been filed, which memorandum shall be authority for the printer of the London Gazette to insert an advertisement of such declaration therein; and every such declaration shall, after such advertisement inserted as aforesaid, be an act of bankruptcy committed by such trader at the time when such declaration was filed; but no commission shall issue thereupon, unless it be sued out within two calendar months next after the insertion of such advertisement, and unless such advertisement shall have been inserted in the London 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."

Sect. 64. "And be it enacted, that the commissioners shall, by deed indented and enrolled in any of his majesty's courts of record, convey to the said assignees, for the benefit of the creditors as aforesaid, all lands, tenements and hereditaments, except copy or customaryhold, in England, Scotland, Ireland, or in any part of the dominions, plantations or colonies belonging to his majesty, to which any bankrupt is entitled, and all interest to which such bankrupt is entitled in any of such lands, tenements or hereditaments, and of which he might according to the laws of the several countries, dominions, plantations or colonies have disposed, and all such lands, tenements and hereditaments as he shall purchase, or shall descend, be devised, revert to, or come to such bankrupt before he shall have obtained his certificate, and all deeds, papers and writings respecting the

same; and every such deed shall be valid against the bankrupt, and against all persons claiming under him: Provided, that where according to the laws of any such plantation or colony such deed would require registration, enrolment or recording, the same shall be so registered, enrolled or recorded, according to the laws of such plantation or colony; and no such deed shall invalidate the title of any purchaser for valuable consideration prior to such registration, enrolment or recording, without notice that the commission has issued."

Sect. 65. "And be it enacted, that the commissioners shall, by deed indented and enrolled as aforesaid, make sale for the benefit of the creditors as aforesaid of any lands, tenements and hereditaments, situate either in England or Ireland, whereof the bankrupt is seized of any estate tail in possession, reversion or remainder, and whereof no reversion or remainder is in the crown, the gift or provision of the crown; and every such deed shall be good against the said bankrupt and the issue of his body, and against all persons claiming under him after he became bankrupt, and against all persons whom the said bankrupt by fine, common recovery, or any other means, might cut off or debar from any remainder, reversion or other interest, in or out of any of the said lands, tenements and hereditaments (c)."

Sect. 66. "And be it enacted, that the Lord Chancellor may, upon petition, order any conveyance or assignment either of the real or personal estate of the bankrupt, made either to assignees appointed by the commissioners or chosen by the creditors, and any enrolment thereof, to be vacated, provided that no title of any purchaser under any conveyance prior to such order be thereby affected, and that no estate previously barred be thereby revived; and the Lord Chancellor may order the commissioners to execute a new assignment or assignments of the debts and effects unreceived, and not disposed of by the then assignee or assignees, to any other person or persons to be chosen by the creditors as aforesaid, or to execute a new conveyance of the real estate unsold or not conveyed to such person or persons, and in such manner as the Lord Chancellor shall direct; and if such new assignment shall be ordered, the debts and personal estate of the bankrupt shall be thereby vested in such new assignees, and it shall be lawful for them to sue for the same, and to discharge any action or suit, or to give any acquittance for such debts, as effectually as the former assignees might have done; and the commissioners shall, in the two London Gazettes next after the removal of such assignee or assignees, and such new appointment as aforesaid, cause advertisements to be inserted, giving notice of such removal and appointment, and directing persons indebted to the bankrupt's estate not to pay any debt to the assignee or assignees so removed; and if such new conveyance as aforesaid shall be ordered as aforesaid, it shall be valid without any conveyance from any former assignee or assignees, or his or their heirs or assigns: Provided that the order so made for vacating any bargain and sale be enrolled; and any bargain and sale to be executed in

(c) N. B. This clause was repealed by 3 & 4 Will. 4, c. 74, except the commis

sion or fiat issued on or before the 31st Dec. 1833; et vide ante, pt. 1, p. 65.

pursuance thereof shall be enrolled in the same court as the first bargain and sale of the same estate was enrolled."

Sect. 68. "And be it enacted, that the commissioners shall have power, by deed indented and inrolled in any of his majesty's courts of record, to make sale for the benefit of the creditors of any copyhold or customaryhold lands, or of any interest to which any bankrupt is entitled therein, and thereby to entitle or authorize any person or persons on their behalf to surrender the same for the purpose of any purchaser or purchasers being admitted thereto."

Sect. 69. “And be it enacted, that every person to whom any sale of copyhold or customary lands or tenements shall be made by the commissioners shall, before he enter into or take any profit of the same, agree and compound with the lords of the manors of whom the same shall be holden for fines, dues and other services as theretofore have been usually paid for the same, and thereupon the said lords shall, at the next or any subsequent court to be holden for the said manors, grant unto such vendee, upon request, the said copy or customary lands or tenements for such estate or interest as shall have been so sold to him as aforesaid, reserving the ancient rents, customs and services, and shall admit him tenant of the same."

[The 73rd sect. enacts that all conveyances by a bankrupt, being at the time insolvent, (except on the marriage of his children, or for valuable consideration,) shall be void against any sale by the commissioners.]

Sect. 77. "And be it enacted, that all powers vested in any bankrupt which he might legally execute for his own benefit, (except the right of nomination to any vacant ecclesiastical benefice,) may be executed by the assignees for the benefit of the creditors, in such manner as the bankrupt might have executed the same."

Sect. 78. "And be it enacted, that it shall be lawful for the Lord Chancellor, upon the petition of the assignees or of any purchaser from them of any part of the bankrupt's estate, if such bankrupt shall not try the validity of the commission, or if there shall have been a verdict at law establishing its validity, to order the bankrupt to join in any conveyance of such estate, or any part thereof; and if he shall not execute such conveyance within the time directed by the order, such bankrupt, and all persons claiming under him, shall be stopped from objecting to the validity of such conveyance; and all estate, right or title which such bankrupt had therein. shall be as effectually barred by such order as if such conveyance had been executed by him."

[Sect. 79 authorizes the Lord Chancellor, where a trustee of real or personal estate becomes bankrupt, to order a conveyance or assignment to be made by the assignees, &c., to other trustees.]

Sect. 81. "And be it enacted, that all conveyances by, and all contracts and other dealings and transactions by and with any bankrupt, bonâ fide made and entered into more than two calendar months before the date and issuing of the commission against him, and all executions and attachments against the lands and tenements or goods and chattels of such bankrupt, bonâ fide executed or levied more than two calendar months before the