BANKRUPT. or demand, where judgment has been obtained before the allowance of (6 Geo. 4. c. 16.) his certificate, it shall be lawful for any judge of the court wherein judg Future effects of bankrupt who has been bankrupt before, or compounded, or taken the benefit of the insolvent act, unless 15s. in the pound, to vest in the assignees, notwith ment has been so obtained, on such bankrupt's producing his certificate, to order any officer who shall have such bankrupt in custody by virtue of such execution, to discharge such bankrupt without exacting any fee, and such officer shall be hereby indemnified for so doing. § 127. That if any person who shall have been so discharged by such certificate as aforesaid, or who shall have compounded with his creditors, or who shall have been discharged by any insolvent act, shall be or become bankrupt, and have obtained or shall hereafter obtain such certificate as aforesaid, unless his estate shall produce (after all charges) sufficient to pay every creditor under the commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imstanding certi- prisonment, but his future estate and effects (except his tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children), shall vest in the assignees under the said commission, who shall be entitled to seize the same in like manner as they might have seised property of which such bankrupt was possessed at the issuing the commission. ficate. Allowances to his effects. § 128. That every bankrupt who shall have obtained his certificate, if bankrupt out of the net produce of his estate shall pay the creditors who have proved under the commission 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 £400; 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 £7 10s. per cent., provided such allowance shall not exceed £500; 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 £10 per cent., provided such allowance shall not exceed £600; 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 £300. As to allowance to partner. Fraudulent or gaming bank to certificate or allowance. § 129. That in all joint commissions under which any partner shall have obtained his certificate, if a sufficient dividend shall have been paid upon the joint estate and upon the separate estate of such partner, he shall be entitled to his allowance although his other partner or partners may not be entitled to any allowance. § 130. That no bankrupt shall be entitled to his certificate, or to be rupt not entitled 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 one day £20, or within one year next preceding his bankruptcy £200; or if he shall, within one year next preceding his bankruptcy, have lost £200 by any contract for the purchase or sale of any government or other stock, where such contract was not to be performed within BANKRUPT. 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, (6 Geo.4.c.16.) 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 £10 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. writing, § 131. That no bankrupt after his certificate shall have been allowed Bankrupt not liable upon subunder any present or future commission, shall be liable to pay or satisfy sequent proany debt, claim, or demand, from which he shall have been discharged mises, unless in 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 writing, signed by the bankrupt, or by some person thereto lawfully authorised in writing by such bankrupt. Assignees to pay surplus to bankrupt. § 132. 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; 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 the as- In case of a sursignees shall not pay such surplus until all creditors who have proved plus all debts to carry interest. under the commission shall have received interest upon their 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 four pounds per centum. § 133. That at any meeting of creditors after the bankrupt shall have passed his last examination (whereof and of the purport of which twentyone days' notice shall have been given in the London 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 Nine-tenths in number and va lue of creditors BANKRUPT. shall also agree to accept such offer, the Lord Chancellor shall and may, (6 Geo. 4.c. 16.) upon such acceptance being testified by them in writing, supersede the Mode of voting in deciding upon such composi tion. Construction of neficial for the creditors, shall extend to women, &c. said commission. § 134. That in deciding upon such offer as aforesaid, any creditor whose debt is below £20 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 £50 and upwards, residing out of England, 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 commissioners that there has been no such transaction between him or any person with his privity, and any of the creditors, and that he has not used any undue means or influence with any of them to attain such assent as aforesaid. § 135. That this Act shall be construed beneficially for creditors, and the act to be be that nothing herein contained shall 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 part of commis- all powers given to or duties directed to be performed by the commissioners or assignees, may be exercised and shall be performed respectively by the major part of the commissioners, or by one assignee, where only one shall have been chosen; and that the said Act shall not extend either to Scotland or Ireland, except where the same are expressly mentioned. sioners, &c. va lid. Act not to extend to Scot land or Ireland. § 136. That the Act shall commence 1st September, 1825. No. CLXXIV. A Bargain and Sale (1) to make a Tenant to the Præcipe for Variations where the estate is in remainder, and the Tenant for THIS INDENTURE of parts, made the day of BARGAIN AND To make tenant to the præcipe. (1) A tenant to the præcipe for suffering a recovery may be made by any species of conveyance calculated to pass the freehold, either by the common law or by the statute of uses, as feoffment, fine, lease and release, &c. see Seymour's ca. 10. Co. 95. The mode here adopted is by bargain and sale, which, on account of the convenience that, under circumstances, may result from its being put upon record by enrolment (a copy of which will be evidence, unless for the purpose of amending the recovery, Ex parte Dawney, 4 Taunt. 798), is most generally used for this purpose; and it is particularly proper where the recovery is suffered preparatory to a future sale of the lands in lots, in order to save the expense of attested copies of the deed to the several purchasers, who cannot require attested copies of any instrument on record. But should a lease and release be for any reason preferred, variations are subjoined adapting the precedent to that circumstance; and in this case Mr. Bradley recommends the deed to be registered if the lands be situated in a registrar county, that a copy may be produced if the deed itself be destroyed; see Brad. Point Bk. 8. Bargain and sale a proper mode of assu rance. (2) As a recovery will not only bar entails, but also extinguish col- Tenant for life. lateral powers, as powers to jointure, to lease, &c. which are frequently annexed to the estate of a tenant for life; it will be proper, in order to preserve these interests where a tenant for life is required to join in making a tenant to the præcipe, and to prevent the merger of his estate in the inheritance, that the conveyance be made during the joint lives of the tenant for life and tenant to the præcipe, which, by leaving the reversion in the tenant for life (his own estate being greater than that pur autre vie in the tenant to the præcipe), will not only prevent a merger, but also preserve the powers annexed to his estate; see Edwards v. Slater, Hard. 410: King y. Nelling, 1 Ventr. 225. The same objects are sometimes effected by the tenant for life previously demising his estate to a trustee for a term of years, the form of which will be given post. "DEMISE;" see also 1 Prest. Conv. 468. (3) In the following form, I have supposed the legal estate to be in Equitable reco very. BARGAIN AND SALE. To make tenant to the præcipe. Date. Person having a necessary party. [* in the of our Lord year of the reign, &c. (1) and] in the year BETWEEN (the tenant in tail) (2), of, &c. of the tenant in tail, or tenant for life, himself, but this is not unfrequently in trustees; and the tenant in tail, or tenant for life, has only a trust or equitable estate; in which case, a recovery suffered by him alone, without the concurrence of the trustees, will bar only trust or equitable remainders over; Carpenter v. Carpenter, 1 Vern. 440; Grenville v. Blyth, 16 Ves. 224; for if the remainders be legal estates, it is absolutely necessary that the legal freehold should be conveyed by the trustees for the purpose of making a legal tenant to the præcipe; Phillips v. Bridges, 3 Ves. 120; Salvin v. Thornton, 1 Brow. Ch. Ca. 73. The same form, however, is to observed in equitable as in legal recoveries; that is to say, the person having the equitable freehold (or cestui que trust) for life, or other greater estate, must convey to the tenant to the præcipe; and the same persons whom it would be necessary to vouch if the remainder or other estate intended to be barred were legal, must be vouched where it is an equitable one. (1) The deed should be dated and executed before or within the term, sessions or assizes, in which the recovery is intended to be suffered; see 14 Geo. 2. c. 20; Goodwright dem. Burton v. Rigby, 2 Hen. Black. 46; 5 Durnf. and E. 177; Roe dem. Hale v. Wegg, 6 ib. 708; in order that the tenant to the præcipe may have the freehold in him at the return of the writ. (2) Where the recovery is to bar a legal estate tail, the person in the legal freehold whom the legal estate of freehold (not less than for life) is vested, whether as mortgagee or the like, is absolutely necessary, to make a good tenant to the præcipe; and when it is to bar an equitable estate tail, then it is equally necessary that the person having the equitable and beneficial estate of freehold should convey to the tenant. When this freehold is in the tenant in tail himself, he may convey to the tenant to the præcipe; but should it be in a third person, as mortgagee, &c. such person will be of the first part, the tenant in tail as vouchee of the second part, the tenant to the præcipe of the third part, and the demandant of the fourth part. And should there be more tenants in tail than one as coparceners, or tenants in common, they may all (according to the better opinion) join in the same recovery, see 1 Prest. Conv. 16, although this has by some been doubted. Wife of tenant in tail not a necessary party. Trustees. When the wife to the tenant in tail has a title to dower, or other interest in the land, she is usually made a party for the purpose of joining in the declaration of uses; but as the husband may make a good tenant to the præcipe, even of her lands, without her joining, Pig. 71, 2, Roll. Ab. 394. pl. 4, (unless in an equitable recovery, where the equitable freehold is in the wife, vide 1 Prest. Conv. 34), it is not essential that she should be a party. If trustees appointed for the purpose of preserving contingent remainders join with the tenant in tail in destroying the entail (which they may do after he has attained twenty-one), make them parties of. the first part. It is to be noticed, however, that the trustees will not be justified in concurring to bar the entail until the tenant in tail attain that age; nor can a purchaser, or mortgagee, with safety accept of a |