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fhall be fufficient Evidence of Petitioning Creditor's Debt, &c. unlefs Notice given that thofe Matters are to be difpuited.

and Proceedings or hereafter to be brought by or against any Affignee of any Bankrupt, the Commiffion of Bankrupt, and the Proceedings of the Commiffioners under the same, fhail be Evidence to be received of the petitioning Creditor's Debt, and of the Trading and Bankruptcy of fuch Bankrupt, unless the other Party in fuch Acton fhell, if Defendant, at or before the Time of his pleading to fuch Action, and if Plaintiff. before iffue joined in fuch Action, give Notice in Writing to fuch Affignee that he intends to difpute fuch Matters or any of them, and where fuch Notice fhall have been given, if fuch Affignee fhall at the Trial prove the Matter fo difputed, or the other Party fhall at the Trial admit the fame, the Judge before whom the Caufe fhall be tried fhall, if he fhall fee fit, grant a Certificate that fuch Proof or Admiffion was made upon fuch Trial, and fuch Affignce shall be entitled to the Cofts, to be taxed by the proper Officer, occafioned by fuch Notice; and fuch Cofts fhall in cafe the Affignee fhall obtain a Verdict be added to his Cofis, and if the other Party fhall obtain a Verdict fhail be fet off or deducted from the Cofs which fuch other Party would otherwise be entitled to receive from fuch Affignee.

So in Suits in
Equity by
Aflignees as

against all other
Parties to the

Sait.

No Action ftall be brought

againft Alignce

for Dividends; but on Petition

to Chancellor,

XI. And be it further enacted by the Authority aforefaid, That from and after the paffing of this Act, in all Suits in Equity now instituted or hereafter to be inftituted by or against any Ailignee of any Bankrupt, the Commiffion of Bankrupt, and the Proceedings of the Commiffioners under the fame, fhall be Evidence to be received of the petitioning Creditor's Deht, and of the Trading and Bank. ruptcy of fuch Bankrupt, as against all the other Parties in fuch Suit, unlefs fuch Parties fome or one of them fhall, within Ten Days after Rejoinder in the Caufe, give Notice in Writing to the Affignee that they or he intend to difpute the faid trading, petitioning Creditor's Debt, or Act of Bankruptcy, or fome or one of fuch Matters, and where fuch Notice fhall have been given, if the Affignee fhail prove the Matter fo difputed to the Satisfaction of the Court, the Cofts occafioned by fuch Notice, to be taxed by the proper Officer, shall, if the Court fee fit, be paid by the Party or Parties giving fuch Notice to the Affignee, and the Service of fuch Notice may be proved by Affidavit upon the hearing of the Cuse.

XII. And be it further enacted by the Authority aforefaid, That from and after the paffing of this A&t. no Action fhail be brought by any Creditor or Creditors who have proved or fhail prove any Debt under any Commiffion of Bankrupt, against the Affizice or Affignees of the Eitate of fuch Bankrupt, for the Amount of any Dividend Affigree fhall be declared by the Commiffioners under fuch Commiffion; but in all Cafes compelled to pay in which the Affignee or Affignees of any Bankrunt fhall refufe of with Intereft omit to pay any Dividend declared under any Commiffion of Bankand Cofts. rupt, it fhall be lawful for the Creditor or Creditors entitled to the fame, to petition the Lord Chancellor, Lord Keeper, or Lords Commiflioners for the Cuftody of the Great Seal, for Payment thereof; and it fhall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commiflioners for the Custody of the Great Seal, on hearing fuch Petition, not only to order the Payment of fuch Dividend, but also in all Cafes in which it fhall appear to him or them that the Juftice of the Cafe fhall require it, to order Payment of Intereft for the Time that fuch Dividend fhall have been withheld, and of the Colts of the Application.

XIII. And whereas great Inconveniences have arisen from the Neceffity which now exifts of the Attendance of Commiffioners of Bankrupt in Prifon to take the Examinations of Bankrupts charged in Execution; Be it therefore enacted by the Authority aforefaid, That every Bankrupt being in Cuftody at the Time of his or her Bankrupts in laft Examination, although charged in Execution fhall be brought Cuftody in before the Commiffioners to be examined by them, in the fame Execution fhall Manner as is row practifed with refpect to Bankrupts in Cuftody be brought on Mefne Procefs, and the Gaoler or Keeper of the Prifon in which before the Comfuch Bankrupt is or fhall be confined, fhall be fully indemnified examined. by the Warrant of the Commiffioners for bringing up fuch Bankrupt for fuch Purpose.

miffioners to be

be admitted to prove under

the Commiffion,

&c.

XIV. And be it further enacted by the Authority aforefaid, That Creditor from and after the paffing of this At, it fhall not be lawful for bringing Act'on any Creditor, who has or fhall have brought any Action, or in- against Bankftituted any Suit against any Bankrupt, in refpect of any Demand rupt fhall not which arofe prior to the Bankruptcy of fuch Bankrupt, or which might have been proved as a Debt under the Commiffion of Bank. rupt iffued against fuch Bankrupt, to prove a Debt under fuch Commiffion for any Purpose whatever, or to have the Claim of a Debt entered upon the Proceedings under fuch Commiffion, without relinquishing fuch Action or Suit, and all Benefit from the fame; and that the proving or fo claiming a Debt under a Commiffion of Bankrupt by any Creditor, fhall be deemed an Election by fuch Creditor, to take the Benefit of fuch Commiffion with refpec to the Debt so proved or claimed by him: Provided always, that fuch Creditor fhall not be liable to the Payment to the Bankrupt or his Affignees, of the Cofts of fuch Action or Suit which fhall be fo relinquished by him: And provided alfo, that where any fuch Creditor fhall have brought any Action or Suit against fuch Bankrupt jointly with any other Perfon or Perfons, his relinquishing fuch Action or Suit against fuch Bankrupt or Bankrupts fhall not in any Manner affect fuch Action or Suit against fuch other Perfon or Perfons.

XV. Provided alfo, and be it further enacted, That this A&t fhall Act fhall not exnot extend to that Part of the United Kingdom of Great Britain and tend to Scotland. Ireland which is called Scotland.

any

XVI. And be it further enacted by the Authority aforefaid. That Agents having all and every Perfon or Perfons who have effected or shall effect effected Policies Policy or Policies of Infurance upon Ships, Goods, Wares, Mer- of Infurance with Bankrupt, chandize or other Effects, with any Perfon, as a Subscriber or Undermay prove, in writer, who is or are or fhall become bankrupt, fhall be admitted Abfence of to prove any Lofs to which fuch Bankrupt is or fhall be liable in Parties in1cfpect of his Subfcription to fuch Policy or Policies, notwith- terested. ftanding the Perfon or Perfons effecting fuch Policy or Policies is not or are not the Perfon or Perfons beneficially interefted in fuch Ships, Goods, Wares, Merchandize or other Effects, provided the Perfon really interetted is not in that Part of the United Kingdom in which the Commiffion of Bankrupt fhall have iffued in the Proceedings under which fuch Lofs is to be proved.

admitted to

XVII. And be it further enacted, by the Authority aforefaid, Annuity That it fhall be competent to any Annuity Creditor of any Perfon Creditors against whom a Commiffion of Bankrupt fhall iffue after the paffing of this Act, whether the fame fhall be fecured by Bond or Covenant, Value of the or Bond and Covenant, or by whatever Aflurance or Affurances the Annuity. 49 Geo. III. LI fame

prove for the

The Signature

and Confent of
Three Farts
(inftead of Four
Parts) in Five
in Number and
Value of the

Creditors of the
Bankrupt to the

Allowance of
his Certificate
and Ditcharge
fhall be futf-
cient.

Bankrupts entitled to Leafes, or Agreements for Leafes, delivering up

fame to Affignees
thall not remain
liable for Rent,
&e. Leffor may
apply to Chan-
cellor.

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fame fhall be fecured, and whether there fhall or fhall not be or have been any Arrears of fuch Annuity at or before the Time of the Bankruptcy, to prove under fuch Commiffion as a Creditor for the Value of fuch Annuity, which Value the Commiffioners fhall have Power and are hereby required to afcertain, and the Certificate of every Bankrupt under whofe Commiffion fuch Proof shall be or might have been made, fhall be a Difcharge of fuch Bank. rupt against al Demands whatever in respect of fuch Annuity, and the Arrears and future Payments thereof in the fame Manner as fuch Certificate would difcharge the Bankrupt with refpect to any other Debt proved or which might have been proved under the Commiffion.

XVIII. And be it further enacted, That in all Cafes of Commiffions of Bankrupt heretofore iffued, and in which the Bankrupts have not obtained their Certificates, and in all Cafes in which Commiffions of Bankrupt fhall hereafter be fued forth, the Signature and Confent of Three Parts in Five in Number and Value of the Creditors of the Bankrupt or Bankrupts, who fhall be Creditors for not less than Twenty Pounds refpectively, and who fhall have duly proved their Debts under the Commiffion, or fome other Perfon by them duly authorised thereunto, to the Allowance and Certificate and Discharge of the Bankrupt or Bankrupts, fhall be, to all Intents and Purposes, as available for the Bent fit of the Bankrupt or Bankrupts as before the paffing of this A&t the Signature and Consent of Four Parts in Five in Number and Value of fuch Perfons would have been available; and fuch Signature and Confent of Three Parts in Five in Number and Value of fuch Perfons, fhall be fufficient to authorize all Acts to be done by the Lord Chancellor, Lord Keeper, and Lords Commiflioners of the Great Seal, and the Commiffioners in fuch Commiffions of Bankrupt, and all others, for the Benefit of the Bankrupt or Bankrupte, which under any prior Act or Acts of Parliament would have been authorized by the Signature and Confent of Four Parts in Five in Number and Value of fuch Perfons.

XIX. And be it further enacted, That in all Cafes, in which a Commision of Bankrupt fhail be fued forth against any Perfon after the paffing of this Act, and fuch Perfon fhall be entiled to any Leafe or Agreement for a Leafe, and the Affignees fhall accept the fame and the Benefit therefrom, as Part of the Bankrupt's Eftate and Effects, the Bankrupt fhall not be, or be deemed to be, liable to pay the Rent accruing due after fuch Acceptance of the fame as aforefaid, and after fuch Acceptance the Bankrupt fhall not be liable to be in any Manner fued in refpect or by reafon of any fubfequent Non-obfervance or Non-performance of the Conditions, Covenants, or Agreements therein contained: Provided, that in all fuch Cafes as aforefaid, it fhall be lawful for the Leffor or Perfon agreeing to make fuch Leafe, his Heirs, Executors, Adminiftrators, or Affigns, if the Affignees fhall decline, upon their being required fo to do, to determine whether they will or will not fo accept fuch Leafe or Agreement for a Leafe, to apply by Petition to the Lord Chancellor, Lord Keeper, or Lords Commiffioners of the Great Seal, praying that they may either fo accept the fame, or deliver up the Leafe or Agreement for the Leafe, and the Poffeffion of the Premifes demifed or intended to be demifed, who fhall thereupon make fuch Order as in all the Circumftances of the Cafe fhall feem meet and jult, and which shall be binding on all Parties.

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CA P. CXXII.

An Act for preverting Frauds and Depredations committed on Merchants, Ship Owners, and Underwriters, by Boatmen and others; and alfo for remedying certain Defects relative to the Adjustment of Salvage in England, under an Act made in the Twelfth Year of Queen Anne. [20th June 1809.]

WHEREAS great Depredations have for many years paft

others taking poffeffion of Anchors, Cables and other Ships Materia's fhall fend a Report thereof to a Deputy Vice

been committed by Boatmen, Pilots, Hovellers, and others, on Ships in D.ftrefs and otherwife, and Anchors, Cables, and other Property of Ships and Veffels on the Coatts and in the Harbours, Bays, and Rivers of England and Wales, and the Town and Harbour of Berwick-upon-Tweed, are oftentimes carried away or deftroyed by fuch Boatmen, Pilots, Hovellers, and others, or when found are not restored to the Owners thereof, and great Extortions are committed and exorbitant Demands made upon the Malters and Owners of fuch Ships for faving and preferving the fame, to the great Lofs and Injury of the Ship Owners, Merchants, Underwriters, and others concerned in Shipping: May it therefore picafe Your Majesty that it may be enacted, and be it enacted by the King's moft Excellent Majey, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That from Pilots and and after the First Day of August One thoufand eight hundred and nine, all Pilots, Boatmen, Hoveilers, or other Perfons who fhall take up any Anchors, Cables, or any Goods or Merchandize which may have been parted with, cut from or left by any Ship or Veffel within any Harbours, Rivers, or Bays, or on any of the Coafts of this Kingdom, whether the fame Ship or V-ffel fhall be or shall have been in Distress or otherwife, and which fhall have been weighed, fwept for, or taken Poffeffion of or by any fuch Boatman, Pilot, Hoveller, or other Perfon, fhall fend a Report in Writing of the Articles fo found, and ftating the Marks (if any) thereon, and a'fo an accurate and particular Defcription of the Bearings, Distances, and Situations, and Time when and where the fame were fo found, to a Deputy Vice Admiral or his Agent at or near to the Port or Place where fuch Boatman, Pilot, Hoveller, or other Perfon fhall frit arrive with fuch Articles, within Forty-eight Hours after his or their Arrival at fuch Port or Place, or before he or they fhall leave the Port, if he or they fhall quit it before that Time fhall expire; and fhall alío within fuch Period as aforefaid deliver fuch Articles fo foun into a proper Warehouse, or fuch other Place as the Vice Admiral of each County hall appoint for fafe Cuftody, until the fame thall be claimed by the Owner or Owners thereof, or his, her, or their Agent or Agents, and the Salvage, together with fuch other Charges and Expences as are hereinafter directed to be paid in refpect of fuch Articles paid by him or them, or Security given for the Payment thereof, to the Satisfaction of the Salvor or Salvors thereof; and every fuch Pilot, Boatman, Hoveller, or other Perfon who thall wilfully and fraudulently keep Poffeffion of or retain, or conceal or fecrete any Anchors or Cabels fo found, weighed, fwept for or taken poff ffion of as aforefaid, and fhall not report and deliver the fame at fome proper Warehouse or other Place in the Manner aforesaid, and within the Time herein-before limited, fhall on Conviction be adjudged and

LI 2

deemed

Adiniral, and depofit the fame in Places to be appointed; or thall be

confidered as

Receivers of ftolen Goods.

Deputy Vice

Admiral fhall fend Report to Trinity House,

as foon as the

to 201. Value,

deemed guilty of receiving Goods knowing them to have been ftolen, and fhall fuffer the like Punishment as if the fame had been stolen on Shore.

II. And be it further enacted, That every Deputy Vice Admiral, or his Agent, to whom any fuch Report shall be fent, fhall within Two Days forward the fame, or a true Copy thereof, to the Secretary of the Corporation of the Trinity Houfe of Deptford Strond in London, and the fame fhall be placed by him in fome confpicuous Situation, for the Infpection of all Perfons choofing to infpect and examine the

fame.

III. Provided always, That no Report fhall be forwarded by fuch Articles amount Deputy Vice Admiral or his Agent to the faid Corporation of the Trinity Houfe of Deptford Strond, until the Articles fo to be depofited as aforefaid for and in respect of which a Report is required to be made as herein before is directed, fhall amount in Value to the Sum of Twenty Pounds.

Deputy Vice Admiral may feize Goods

not reported and depofited and fhall have One Third of the

IV. And be it further enacted, That it fhall be lawful for any Deputy Vice Admiral, or his Agent, to feize and detain any fuch Articles as fhall not have been reported in the Manner herein-before directed, and upon fuch Seizure fuch Deputy Vice Admiral, or his Agent, fhall depofit the fame in the Warehoufe or other Place to be appointed as aforefaid, and fhall within Two Days thereafter Value, (See 6.) fend a Report in Writing of the Articles fo feized, and ftating the Marks (if any) thereon, to the faid Corporation of the Trinity House of Deptford Strond as before directed, to be made publick as aforefaid; and every fuch Deputy Vice Admiral, or his Agent, so feizing, who fhall not make fuch Report as aforefaid, within Two Days after Seizure as aforefaid, fhall, on Conviction before any Juftice of the Peace or Magiftrate, upon the Oath of One credible Witnefs, or on the Confeffion of the Party offending, forfeit and pay the Sum of Twenty Pounds for every fuch Neglect, together with Double the Value of the Goods fo feiz-d; One Half of which Penalty fhall be paid to the Informer, and the other Half to the Poor of the Parish or Township where fuch Offence fhall be committed; and every Deputy Vice Admiral, or his Agent, who fhall make any fuch Seizure, without any previous Information being given to fuch Deputy Vice Admiral or his Agent, fhall, on the fame Articles being claimed by and delivered to the Owner thereof, or his or her Agent, be entitled to receive fuch Sum of Money as shall be equal to One Third Part of the Value thereof.

Value may be
afgertained as
on Salvage.
(See § 8, &c.)

If Deputy Vice
Admiral feize

on Information,
Informer thall
hare in the
One Third.

(See § 4.32,&c.)

Articles not

elaimed within

a Year thall be

V. Provided always, and be it further enacted, That if the Owner and Deputy Vice Admiral or Agent fo feizing cannot agree on the Value of the Articles, fuch Value fhall be afcertained in like Manner as is herein-after directed with regard to Salvage.

VI. Provided alfo, and be it further enacted, That if any fuch Seizure fhall have been made in confequence of any Information given to any fuch Deputy Vice Admiral or his Agent, the Deputy Vice Admiral or his Agent so feizing, fhall only be entitled to receive from the Owner or their Agents of the Articles One Sixth Part of the Value thereof, and One other Sixth Part of fuch Value fhail be paid to the Person who fhall have given the Information, the Value of such Articles to be afcertained in Manner aforefaid.

VII. And be it further enacted, That if any fuch Articles fo reported and delivered into the Warehouse or other Place as aforefaid,

fhall

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