Dividend

CXLVI. And be it enacted, That every Bankrupt who shall Allowance to have obtained his Certificate, if the net Produce of his Estate Bankrupt in shall pay the Creditors who have proved under the Commission proportion to Ten Shillings in the Pound, shall be allowed Five per Cent. out of such Produce, to be paid him by the Assignees, provided such Allowance shall not exceed Four hundred Pounds; and every such Bankrupt, if such Produce shall pay such Creditors Twelve Shillings and Sixpence in the Pound, shall be allowed and paid as aforesaid Seven Pounds Ten Shillings per Cent., provided such Allowance shall not exceed Five hundred Pounds; and every such Bankrupt, if such Produce shall pay such Creditors Fifteen Shillings in the Pound or upwards, shall be allowed and paid as aforesaid Ten Pounds per Cent., provided such Allowance shall not exceed Six hundred Pounds; but if such Produce shall not pay such Creditors Ten Shillings in the Pound such Bankrupt shall only be allowed and paid so much as the Assignees and Commissioners shall think fit, not exceeding Three Pounds per Cent. and Three hundred Pounds.

CXLVII. And be it enacted, That in all joint Commissions One Partner under which any Partner shall have obtained his Certificate, if a may receive sufficient Dividend shall have been paid upon the joint Estate and Allowance though others upon the separate Estate of such Partner, he shall be entitled to not entitled. his Allowance, although his other Partner or Partners may not be entitled to any Allowance.

CXLVIII. And be it enacted, That no Bankrupt shall be entitled to his Certificate or to be paid any such Allowance, and that any Certificate if obtained shall be void, if such Bankrupt shall have lost by any Sort of gaming or wagering in any One Day Twenty Pounds, or within One Year next preceding his Bankruptcy Two hundred Pounds, or if he shall within One Year next preceding his Bankruptcy have lost Two hundred Pounds by any Contract for the Purchase or Sale of any Government or other Stock, where such Contract was not to be performed within One Week after the Contract, or where the Stock bought or sold was not actually transferred or delivered in pursuance of such Contract, or shall, after an Act of Bankruptcy committed, or in contemplation of Bankruptcy, have destroyed, altered, mutilated, or falsified, or caused to be destroyed, altered, mutilated, or falsified, any of his Books, Papers, Writings, or Securities, or made or been privy to the making of any false or fraudulent Entries in any Book of Account or other Document, with Intent to defraud his Creditors, or shall have concealed Property to the Value of Ten Pounds or upwards, or if any Person having proved a false Debt under the Commission, such Bankrupt, being privy thereto or afterwards knowing the same, shall not have disclosed the same to his Assignees within One Month after such Knowledge.

CXLIX. And be it enacted, That no Bankrupt after his Certificate shall have been allowed under any Commission shall be liable to pay or satisfy any Debt, Claim, or Demand from which he shall have been discharged by virtue of such Certificate, or any Part of such Debt, Claim, or Demand, upon any Contract, Promise, or Agreement made or to be made after the suing out of the Commission, unless such Promise, Contract, or Agreement be made in 6 & 7 GUL. IV. I

Writing,

Bankrupt not entitled to Certi

ficate or Allowance; and Cer

tificate void in certain Cases.

Bankrupt not liable upon Promise to pay Debt discharged by Certificate un. less it be in Writing.

Assignees shall, in case of Surplus, account, and pay it to Bankrupt; but

Debts to carry

Interest.

Writing, signed by the Bankrupt, or by some Person thereto lawfully authorized in Writing by such Bankrupt.

CL. And be it enacted, That the Assignees shall, upon Request made to them by the Bankrupt, declare to him how they have disposed of his Real and Personal Estate, and pay the Surplus, if any, to such Bankrupt, his Executors, Administrators, or Assigns; in such Case all and every such Bankrupt, after the Creditors who have proved under the Commission shall have been paid, shall be entitled to recover the Remainder of the Debts due to him; but such Surplus shall not be paid until all Creditors who have proved under the Commission shall have received Interest on the Debts, to be calculated and paid at the Rate and in the Order following; (that is to say,) all Creditors whose Debts are now by Law entitled to carry Interest, in the Event of a Surplus, shall first receive Interest on such Debts at the Rate of Interest reserved or by Law payable thereon, to be calculated from the Date of the Commission, and after such Interest shall have been paid all other Creditors who have proved under the Commission shall receive Interest on their Debts, from the Date of the Commission, at the Rate of Five Pounds per Centum.

Nine Tenths in
Number and

Value of Credi-
tors may accept

a Composition which shall bind the rest.

Mode of voting in deciding upon such Composition.

CLI. 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 Dublin 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 Lord Chancellor shall and may, upon such Acceptance being testified by them in Writing, supersede the said Commission, and the remaining One Tenth in Number and Value of the said Creditors shall be bound to accept of such Composition so agreed to.

CLII. 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 Ireland 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 shall be entitled to vote by Letter of Attorney executed and attested in manner hereby required 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 Commissioner that there has been no such Transaction between him or any Person, with his Privity, and any of the Creditors,

Creditors, and that he has not used any undue Means or Influence with any of them to attain such Assent as aforesaid.

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CLIII. And whereas great Inconveniences have arisen from 'the Agents or Clerks to Commissions of Bankrupts being con⚫sidered as Officers belonging to the Assignees appointed under ⚫ such Commissions, and not subject to the Control or Direction of the Commissioners named in such Commissions, and they have frequently refused to produce the Proceedings under such Commissions to the Commissioners, and in many Instances have refused to obey their Orders;' be it enacted by the Authority aforesaid, That every Person who shall act as Agent or Clerk to or who shall take out any Commission of Bankruptcy shall be subject to the Control and Directions of the Commissioner to be appointed by virtue of this Act, and shall before he shall act or be capable of acting as such Agent or Clerk take the Oath following:

Agents to Com

missions to be

under Control of Commis

sioner, and to take Oath.

IA.B. do swear, That during such Time as I shall be employed Form of Oath as Agent or Clerk to the Commission, or in anywise conof Agent. cerning the Proceedings in a Commission of Bankrupt issued and awarded and now in prosecution against C.D., I will faithfully and honestly, according to the best of my Skill and Knowledge, write, take down, and transcribe all such Depositions and · Evidences, as well of the said Bankrupt as of all others who shall be sworn and examined by or before the Commissioner under and by virtue of the said Commission, as I shall by the said Commissioner in the said Commission named be directed to write, take down, or transcribe; and also that I will in like Manner during such Time safely and faithfully preserve and keep from all Kind of Defalcation and Embezzlement all such Depositions, Evidences, and Proceedings while the same shall be by the said Commissioner committed to my Care; and that I will not knowingly suppress or conceal the Truth, or suggest or practise any Falsehood, in respect to any Matter or Thing relating to the said Commission or to the Proceedings thereunder; and that I will, when required by such Commissioner, deliver up to him, or to such Person as he shall appoint, the several Depositions and the Proceedings and Documents in my Custody or 'Power relating to the said Commission. So help me GOD.'

CLIV. And be it enacted by the Authority aforesaid, That any Messengers not Person or Persons acting as Messenger or Messengers, and who allowed to act shall issue any Commission of Bankruptcy, or when issued out as Agents: shall act as Agent in such Commission, shall from such Time be considered incapable for ever after of holding the Office of Mes

senger in any Commission of Bankrupt; and every Messenger to take an Oath. shall, before the Commissioner executes his Warrant of Seizure

to him, take before the Commissioner the following Oath; (that

is to say,)

I

A.B. do swear, That I will faithfully, impartially, and honestly, Oath of Mesaccording to the best of my Skill and Knowledge, execute the senger. 'several Orders which I shall receive from the Commissioner in

་

the Commission of Bankrupt awarded and issued against C.D.;

and that I will not knowingly suppress or conceal the Truth, or

suggest or practise any Falsehood, in respect to any Matter or 'Thing relating to the said Commission or any of the Proceedings

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there

Commissioner may take Evi

dence vivâ voce or on Affidavit.

As to concerted
Bankruptcies.

Penalty on any
Person taking

Fees.

Commissioner may commit Person inter

'thereunder; and that I will not by myself, or any other Person
in Trust for me, have any Interest, Employment, or Concern in
the said Commission in any other Capacity whatsoever except
that of Messenger.
So help me GOD.'

CLV. And be it enacted, That the Commissioner to be appointed by virtue of this Act shall in all Matters within his Jurisdiction have Power to take the Whole or any Part of the Evidence, either vivá voce on Oath, or upon Affidavits to be sworn before the said Commissioner or a Master Ordinary or Extraordinary in Chancery, as the said Commissioner may in any Case direct, or as the Lord Chancellor may from Time to Time prescribe by any general Rule to be made by virtue of this Act.

CLVI. And be it enacted, That from and after this Act shall take effect no Commission of Bankrupt shall be superseded by reason only that the Commission has been concerted by and between the Petitioning Creditor, his Solicitor or Agent, or any of them, and the Bankrupt, his Solicitor or Agent, or any of them, save and except where any Petition to supersede a Commission for any such Cause shall have been presented before this Act shall come into operation, and shall be then pending.

CLVII. And be it enacted, That if any Person employed for any of the Purposes of this Act shall for any thing done or pretended to be done under this Act or any other Act relating to Bankrupts, or under colour of doing any thing under this Act or any other such Acts, fraudulently or wilfully demand or take, or appoint or allow any Person whatsoever to take for him or on his Account, or for or on account of any Person by him named, or in Trust for him or for any other Person by him named, any Fee, Emolument, Gratuity, Sum of Money, or any Thing of Value whatsoever, other than is allowed by this Act and any other such Act as aforesaid, or by any Order of the Lord Chancellor acting under the Authority of this Act or any other such Act as aforesaid, such Person when duly convicted thereof shall forfeit and pay the Sum of Five hundred Pounds, and be rendered incapable and is hereby rendered incapable of holding any Office or Place whatsoever under His Majesty, His Heirs or Successors.

CLVIII. And be it enacted, That any Commissioner appointed under this Act shall have full Power and he is hereby authorized to commit to Custody in any Prison or Bridewell for any Term rupting Courts, not exceeding One Month any Person who shall be guilty of any Riot or Disturbance in any Court held by such Commission, or who shall in such Court interrupt the said Commissioner in the Exercise of his Duty.

&c.

Offences against this Act.

Construction of the Act.

CLIX. And be it enacted, That any such Offender may be prosecuted either by Information at the Suit of His Majesty's Attorney General, or by Criminal Information before His Majesty's Court of King's Bench, or by Indictment: Provided always nevertheless, that if any Person so employed as aforesaid shall commit any Offence against this Act, it shall and may be lawful for the Lord Chancellor to dismiss the Person so offending from his Employment, upon Proof made before him of such Offence having been committed.

CLX. And be it enacted, That this Act shall be construed beneficially for Creditors; and that nothing herein contained shall alter

alter the present Practice in Bankruptcy, except where any such Alteration is 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 Duties directed to be performed by the Lord Chancellor shall and may be exercised or performed by a Lord Keeper or by Lords Commissioners of the Great Seal; and all Powers given to or Duties directed to be performed by the Assignees may be exercised and shall be performed by the major Part of them, or by One Assignee where only One shall have been appointed or chosen.

CLXI. And be it enacted, That this Act shall commence and Commencement take effect from and after the First Day of July One thousand of Act. eight hundred and thirty-six; and that it shall not extend either Limiting its to England or Scotland, except where the same are expressly

mentioned.

Extent.

CLXII. And be it enacted, That this Act may be repealed, Act may be altered, or amended during this present Session of Parliament.

CA P. XV.

An Act to amend an Act of the Fourth and Fifth Years of
His present Majesty, in order to enable certain Seamen
belonging to Shetland or Orkney to pay certain Sums of
Money, payable under that Act to the Seamen's Fund, at
Lerwick in Shetland or Kirkwall in Orkney.

[7th June 1836.]

WHEREAS an Act was passed in the Fourth and Fifth Years

WH

altered.

of the Reign of His present Majesty, intituled An Act to 4&5W.4. c. 52. amend an Act of the Twentieth Year of His Majesty King George the Second, for the Relief and Support of sick, maimed, and 'disabled Seamen, and the Widows and Children of such as shall ' be killed, slain, or drowned in the Merchant Service, and for other Purposes: And whereas the said recited Act enacts that all and every the Masters, Commanders, or Owners of all Merchant Ships or other Private Ships or Vessels whatsoever, by the 'said Act made liable to the Payment of the said Duties of Two Shillings per Month and One Shilling per Month, shall pay all 'such Monies as shall from Time to Time be due from them and every of them respectively for or on account of the said Duties to 'the Collectors or Receivers appointed in pursuance of the said "Act or of an Act of the Twentieth Year of His late Majesty King George the Second, at whatever Port in the United Kingdom of * Great Britain and Ireland any such Ship or Vessel should report or discharge her Cargo: And whereas it is usual and customary for Ships or Vessels belonging to and discharging their Cargoes at many of the Ports in the said United Kingdom of Great 'Britain and Ireland to leave their respective Ports of Outfit ' without engaging the whole Number of Seamen and other Persons necessary to be employed for the Completion of their respective Voyages, and for the Masters, Commanders, or Owners of the said Ships or Vessels to fill up and complete their Crews by * hiring and taking on board Seamen and other Persons for the

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