With respect to his privileges from ar rest. By the above act, the bankrupt shall be free from all arrest in coming to surrender, and from his actual surrender to the commissioners, for and during the 42 days, or the further time allowed to finish his examination, provided he was not in custody at the time of his surren der.
Books and papers. By 5 Geo. II. c. 30, the bankrupt is entitled, before the expi ration of the 42 days, or enlarged time, to inspect his books and papers, in the presence of the assignees, or some per son appointed by them, and make such extracts as he shall deem necessary.
Power of commissioners in case of con tumacy. The statutes empower the com missioners to enforce their authority by commitment of the party, in the following cases : persons refusing to attend on tne commissioners' summons ; refusing to be examined, or to be sworn, or to sign and subscribe their examination ; or not fully answering, to the satisfaction of the com missioners.
Of the certificate. By the 5 Geo. II. a bankrupt surrendering, making a full discovery, and in all things conforming to the directions of the act, may, with the consent of his creditors, obtain a certifi cate.
If the commissioners certify his confor mity, and the same be allowed by the Lord Chancellor, his person, and what ever property he may afterwards acquire, will be discharged and exonerated from all debts owing by him at the time he be came a bankrupt. But no bankrupt is entitled to the benefit of the act, unless four parts in five, both in number and va lue, of his creditors, who shall be credi tors for not less than 201. respectively, and who shall have duly proved their debts under the commission, or some other person duly authorized by them, shall sign the certificate.
Of the dividends. The assignees are al lowed four months, from the date of the commission, to make a dividend ; and should apply to the commissioners to ap point a meeting for that purpose, or they may be summoned by them, to shew cause why they have not done so.
Allowance to the bankrupt. Every bankrupt surrendering, and in all things conforming to the directions of the act, shall be allowed5 per cent. out of the nett produce of his estate, provided, after such allowance, it be sufficient to pay his cre ditors ten shillings in the pound, and that the said five per cent. shall not in the
whole exceed 200/. Should his estate in like manner pay twelve shillings and six pence in the pound, he shall be allowed seven and an half per cent. so as not to exceed 2501. and if his estate pay fifteen shillings in the pound, he shall be allowed ten per cent. so as not to exceed 3001. But the bankrupt is not entitled to such allowance till after a second dividend ; nor can he be entitled to it till he has received his certificate.
Of the surplus. The commissioners are, on request of a bankrupt, to give a true and particular account of the appli cation and disposal of his estate, and to pay the overplus, if any, to the bankrupt.
Of superseding commissions. COMMIS sions may be superseded for the want of a sufficient debt of the petitioning credi tor; or because he was an infant ; or for want of sufficient evidence of the trading or act of bankruptcy ; or in cases of fraud ; or by agreement or consent of the creditors.
Joint commissions. Partners are liable to a joint commission, or individually, against each ; but a joint and separate commission cannot, in point of law, be concurrent. A joint commission must include all partners ; if there be three partners, and one of them an infant, there can neither be a commission against the three, nor against the other two.
Felony of bankrupts. If any person, who shall be duly declared a bankrupt, refuse, within 42 days after notice left at his place of abode, and in the London Gazette, to surrender himself to the com missioners, and to fully disclose and dis cover all his estate and effects, real and personal, and all transferrences thereof, and also all books, papers, and writings, relating thereto, and deliver up to the said commissioners all such estate and effects, books, papers, &c. as are in his power ; (except his necessary wearing apparel, &c.) or in case he shall conceal or em bezzle any part of his estate real or per sonal, to the value of 201. or any books of accounts, papers, or writings, relating thereto, with intent to defraud his credi tors, being lawfully convicted thereof, by .judgment or information, shall be ad judged guilty of felony, without benefit of clergy, and his goods divided amongst his creditors.