A remedy against them who detain the goods of bankrupts. How the forfeitures fhall be bestowed after the bank rupt's debts be paid. nying to fwear, or not disclosing the whole truth as is aforefaid, by fuch ways and means, and in fuch manner and form, as is before limited and appointed for the principal offender or offenders, debtor or debtors; (3) and the fame forfeiture or forfeitures to be diftributed or employed to and for the fatisfaction and payment of the debts of the faid creditor or creditors, in fuch like manner, rate and form, as is before declared concerning the ordering of the lands and tenements, offices, fees, goods and chattels of fuch offender or offenders, debtor or debtors, as is aforefaid. VII. And be it further enacted, That if at any time before or after that any such person or perfons departeth the realm, or fhall keep his or their house or houses, or otherwife absent him or themselves, or take fanctuary, or fuffer him or themselves to be arrested, outlawed, or yield his or their bodies to prison as is aforefaid, any perfon or perfons do fraudulently by covin or collufion, claim, demand, recover, poffefs or detain any debts, duties, goods, chattels, lands or tenements, by writing, truft or otherwife, which were or fhall be due, belonging or appertaining to any fuch offender or offenders, other than fuch as he or they can and do prove to be due by right and confcience in form aforefaid for money paid, wares delivered, or other juft confideration or cause reasonable, to the juft value thereof, before the faid commiffioners so to be appointed, or the more part of them, as is aforefaid, and the fame to proceed bona fide, without fraud or covin: That then every fuch perfon or perfons fo craftily demanding, claiming, having, poffeffing or detaining any fuch debt, duty or other thing as is aforefaid, fhall forfeit and lofe double as much as he or they fhall fo claim, demand, detain or poffefs; which faid forfeiture fhall be levyed, recovered and employed in manner and form as is afore rehearfed. VIII. Provided alfo, and be it enacted by the authority aforesaid, That if it shall fortune the creditors of any fuch bankrupt as is aforefaid, to be fatisfied and paid off their debts. and duties of or with the proper lands, tenements, goods, chattels and debts of the faid bankrupts, or of or with the fame and some part of the forfeitures of the faid double values to be forfeited as is aforefaid, and that there fhall remain an overplus of the faid forfeitures of the faid double values; that then the one moiety of the faid overplus of the faid forfeitures of the double values fo remaining fhall be by the faid commiffioners fo executing the faid commiffion, within convenient time after the levyingthereof, paid unto the Queen's majesty, her heirs and fucceffors; and the other moiety thereof shall be by the said commiffioners 'employed and diftributed to and amongst the poor within the hospitals in every city, town or county, where any fuch bankrupt fhall happen to be; any thing in this act to the contrary thereof notwithstanding. IX. And be it further enacted by authority aforefaid, That if A remedy a- any such person or perfons which is or shall be indebted, do of gainst himwho purpose withdraw him or themselves out of or from his or their withdraweth ufual ufual manfion house or houfes; that then upon complaint there- himself from of made to the faid commiffioners, having authority as is afore- his dwellingplace. faid, the fame commiffioners or the more part of them shall by virtue and authority of this prefent act have full power and authority to award five proclamations to be made in the Queen's name, upon five fundry market-days, in fuch places near the place where fuch bankrupt hath most commonly dwelled or made his abode, commanding him or them by the fame proclamation in the Queen's name, to return with all convenient speed, and to yield his or their body before the faid commiffioners having authority as is aforefaid, or one of them, at fuch time and place as by the faid proclamation fhall be appointed: (2) and if the faid The penalty of perfon do not according to fuch proclamation, repair and yield a bankrupt his or their body as is aforefaid, that then the body of all and not yielding every fuch offender or offenders fhall be adjudged, taken and deem- proclamation, ed, to all intents and purposes, out of the Queen's protection: and of fuch (3) and that alfo every perfon and perfons that fhall willingly as do hide or and wittingly help to hide or convey, or fhall willingly and wit- receive him. tingly receive, detain or keep fecretly, any perfon or perfons fo demanded by proclamation, as is aforefaid, thall fuffer fuch pains by imprisonment of his or their bodies, or pay fuch fine to our fovereign lady the Queen's majesty, her heirs and fucceffors, as to the faid lord chancellor or lord keeper of the great feal (being informed thereof by the commiffioners fo to be appointed, as is aforefaid, or the more part of them) shall seem meet and convenient for their faid offence or offences. himself after F. N. B. 232. fied for his X. Provided always, and be it further enacted, That if the A remedy for creditors of any fuch offender or offenders, debtor or debtors, the creditor if which fo do depart the realm, keep his or their houfe or houses, he be not fatifor otherwife abfent or withdraw him or themselves into places whole debt. unknown, or take fanctuary, or will fuffer him or themselves to be arrested or outlawed, or yield his or their bodies into prifon purposely and for the causes aforefaid, be not fully satisfied, or otherwife contented for their debts and duties, by the ways and means before specified and declared: that then the faid creditor or creditors, and every of them, fhall and may have their remedy for the recovery and levying of the refidue of their faid debts or duties whereof they fhall not be fully fatisfied, paid or otherwife contented in form aforefaid, against the faid offender or offenders, in like manner and form as they should and might have had before the making of this act: (2) and that the faid creditor or creditors, and every of them, fhall be only barred and excluded by virtue of this act, of and for every fuch part and portion of the faid debts and duties as fhall be paid, fatisfied, diftributed or delivered unto him or them, by order of the faid perfons, as is aforefaid, and of no more portion or parcel thereof; any thing herein specified that may be taken or conftrued to the contrary notwithstanding. XI. Provided always, and be it also enacted by the authority Lands, &c. exaforefaid, That if any perfon or perfons which is or fhall be pub- tendablewhich lished and declared to be a bankrupt by virtue of this act, fhall be purchased, at any time after purchase any lands, tenements, hereditaments, or do defcend T 2 free to a bankrupt. Cro. Car. 568. become bank rupt. free or copy, offices, fees, goods or chattels (2) Or that any lands, tenements, hereditaments, free or copy, offices, fees, goods or chattels, fhall descend, revert or by any means come to any such person or perfons, being bankrupts as is aforefaid, before fuch time as their debts due to their creditors fhall be fully fatisfied and paid, or otherwise agreed for; (3) that then the faid lands, tenements, hereditaments, as well free as copy, offices, fees, goods and chattels, fhall by virtue of this act, by the faid commiffioners to be appointed, as is aforefaid, or the more part of them, be bargained, fold, extended, delivered and used for and towards the payment of the faid creditors, in fuch like manner and form as other the lands, tenements, hereditaments, free or copy, offices, fees, goods and chattels of the faid bankrupts, which they had when they were declared first to be bankrupts, should or might have been bargained, fold, difpofed or used by virtue of this act. Lands conveyXII. Provided always, That this act shall not extend to any ed away be- lands, tenements or hereditaments, free or copyhold, which fore the party heretofore have been affured by any fuch bankrupt, or hereafter shall be affured by any bankrupt before he become bankMoor 594. pl. rupt: So always that fuch affurance be made bona fide, and not to the use of the bankrupt himself only, or of his heirs: (2) And that the parties to whose use such affurance hath or fhall be made, be not at or before the making of fuch affurance, privy or confenting to the fraudulent purpose of any fuch bankrupt, to deceive his creditors. 21 Fac. I. c. 19. : 805. The ftatute of both which were made a gainst usury, &c. 3 Inft. 151. 2 Roll. 240. The ftatute of CAP VIII. WHEREAS in the parliament holden the seven and thirtieth year of the reign of our late fovereign lord King Henry the Eighth, of famous memory, there was then made and established one good act for the reformation of ufury: By which act the vice of ufury was well repreffed, and especially the corrupt chevifance and bargaining by way of fale of wares, and shifts of intereft: And where fince that time by one other act made in the fifth and fixth years of the reign of our late fovereign lord King Edward the Sixth, the faid former act was repealed, and new provifoes for repressing of ufury devised and enacted: Which faid latter act hath not done fo much good as was hoped it should, but rather the faid vice of ufury, and especially by way of fale of wares and shifts of intereft, hath much more exceedingly abounded, to the utter undoing of many gentlemen, merchants, occupiers and others, and to the importable hurt of the common wealth, (2) as well for that in the faid later act there is no provifion against Juch corrupt fhifts and fales of wares, as alfo for that there is no difference of pain, forfeiture or punishment upon the greater or leffer exactions and oppreffions by reafon of loans upon ufury: II. Be it therefore enacted, That the faid later statute made 5 & 6 Ed. 6. in the fifth and fixth years of the reign of King Edward the c.20. repealed, Sixth, and every branch and article of the fame, from and after and the ftat. of 37 H. 8. c. 9. the five and twentieth day of June next coming, shall be utterly revived. abrogated, abrogated, repealed and made void : (2) And that the said late act made in the faid feven and thirtieth year of King Henry the Eighth, from and after the faid five and twentieth day of June next coming, fhall be revived and stand in full force, strength and effect. be void. Noy 2. III. And be it further enacted, That all bonds, contracts All contracts and affurances, collateral or other, to be made for payment of and affurances whereby above any principal or money to be lent, (2) or covenant to be per- rol. in the formed upon or for any ufury in lending or doing of any thing 100 1. fhall be against the said act now revived, (3) upon or by which loan or referved, shall doing there fhall be referved or taken above the rate of ten pounds for the hundred for one year, shall be utterly void. Hetley 25. IV. And be it further enacted, That all brokers, folicitors Raft. 689. and drivers of bargains for contracts or other doings against the The penalty faid ftatute now revived, whereupon fhall be reserved or taken of brokers and more than after the rate of ten pounds for the loan of one hun- rious bargains. dred pound for a year, fhall be to all intents and purposes judged, Co. Entr. 435. punished and used as counsellors, attornies or advocates in any cafe of pramunire. drivers of ufu the loan of V. And forafmuch as all usury, being forbidden by the law of God, He that taketh is fin and deteftable, (2) be it enacted, That all ufury, loan and 101. or lefs for forbearing of money, or giving days for forbearing of money, rool. fhall forby way of loan, chevifance, fhifts, fale of wares, contracts or feit the inteother doings whatsoever, for gain, mentioned in the said statute, reft only. which is now revived, whereupon is not reserved or taken, or covenanted to be reserved, paid or given to the lender, contracter, fhifter, forbearer or deliverer, above the fum of ten pound for the loan or forbearing of a hundred pound for one year, or after that rate for a more or leffer sum or time, shall be from the five and twentieth day of June next coming punished in form following; that is to fay, That every fuch offender against this branch of this present ftatute, shall forfeit so much as shall be referved by way of ufury above the principal, for any money fo to be lent or forborn: (3) All fuch forfeitures to be recovered and employed as is limited for forfeitures by the said former ftatute now revived. VI. And be it further enacted, That juftices of oyer and de- what magiterminer, and justices of affife in their circuits, juftices of peace ftrates may in their feffions, mayors, fheriffs and bailiffs of cities, fhall al- hear and defo have full power and authority to inquire, hear and determine termine the of all and fingular offences committed against the faid ftatute faid. now revived. offences afore VII. And be it further enacted, That the faid ftatute now re- The ftatute of vived fhall be moft largely and ftrongly conftrued for the re- 37 H. 8. c. 9. preffing of ufury, and againft all perfons that thall offend against fhall be conftrued strongly the true meaning of the said statute, by any way or device, di- for the reprefrectly or indirectly. fing of ufury, VIII. Provided alway, That this statute doth not extend, nor fhall be expounded to extend unto any allowances or payments for the finding of orphans, according to the ancient rates or T 3 cuftoms In what cafe an offender shall be also cuftoms of the city of London, or any other city where like order is for the cuftody of orphans and their goods, as is in the faid city of London. IX. Provided always, and be it further enacted by the authority aforefaid, That if any person or perfons fhall, from and after the faid five and twentieth day of June, offend contrary to the punished by the ecclefiafti- faid ftatute revived by this prefent act, made in the feven and cal law. thirtieth year of the reign of the faid late King Henry the Eighth ; that then all and every fuch offender and offenders fhall and may also be punished and corrected, according to the ecclefiaftical laws heretofore made against ufury: (2) And that all and every person and perfons offending in ufury, fhifts, or chevifance, against this prefent act, and not taking or receiving, but only after the rate of ten pounds in the hundred or under for a year, fhall be only punished by the pains and forfeitures provided and appointed by this act, against such as shall not take or receive over and above the rate of ten pounds in the hundred for a year, and not otherwise. (3) This act to continue and endure for and during the fpace of five years next after the end of this prefent parliament, and from thence unto the end of the firft feffion of the parliament then next enfuing. & 4 Ed. 6, E. 8. X. And be it further enacted by the authority aforefaid, That if this present act shall not be continued in the first feffion of the parliament next enfuing the faid term of five years, and then in the fame feffion nojother ftatute or provifion made against ufury or corrupt chevifance; that then all and every the laws and statutes repealed by this act fhall remain and be of fuch like force and effect as if this present act had never been had ne made. 21 Jac. 1. c. 17. made perpetual by 39 Eliz. c. 18. V. 12. An. ftat. 2. c. 16. F CAP. IX. An act for the commiffion of fewers. Orafmuch as no commiffion of fewers, by the eftatutes heretofore made, may have continuance above the space of five years: (2) Be it therefore enacted by the Queen's most excellent majety, with the affent of the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by the auStat. 23 H. 8. thority of the fame, That from henceforth all and every commiffion and commiffions of fewers now ftanding in force, or A commiffion that hereafter fhall be granted and made, fhall ftand and conof fewers fhall tinue in force for the term of ten years next enfuing the date of c. 5. continue ten years. every fuch commiffion, unless the fame commiflion or commiffions be or hereafter fhall be repealed or determined by reason of any new commiffion in that behalf made, or by fupersedeas : (3) And that all fuch laws, ordinances and conftitutions as be or fhall be duly made by force of any fuch commiffion, acThe orders of cording to the tenor and effect limited in any former ftatute the commiffi- heretofore made touching commiffion or commiffions of fewers, fhall be of and being written in parchment indented, and under the feals of force without the faid commiffioners, or fix of them (whereof the one part oners of fewers the certificate fhall |