self successively amended by several others, and particularly by St. 45 G. 3, c. 77; St. 50 G. 3, c. 58; St. 53 G. 3, c. 123; St. 54 G. 3, c. 173; and St. 57 G. 3, c. 100,) also confer many very ample powers for similar purposes of conve

nience.

(241.) Other Statutes there are which empower certain persons to dispose of the estates of others, under particular circumstances, for the satisfaction of their debts.

The most important of these is the Bankrupt Act of 6 G. 4, c. 16, which has repealed the old Statutes relating to Bankruptcy, and consolidated their provisions with some alteration. Having determined what persons, in respect of their employments, are capable of becoming Bankrupts, (s. 2,) it proceeds (s. 3, & seqq.) to enumerate the Acts by which they may become so. One of these is the Trader's “ making

any fraudulent Grant or Conveyance of any "of his Lands, Tenements, Goods or Chattels, "with intent to defeat or delay his Creditors." But by s. 4, a Conveyance or Assignment by Deed, to a Trustee or Trustees, of all his estate and effects for the benefit of all his Creditors, if it be executed according to the forms there prescribed, is not an Act of Bankruptcy, unless a Commission issue within six months afterwards. This Commission (s. 12, & seqq.) is issued under the Great Seal, upon Petition of Creditors to the Chancellor; and the Commissioners thereby appointed are, upon sufficient

Chap. 7.

evidence of the facts, (s. 24.) to adjudge the Trader a Bankrupt; after which, by s. 26, they may proceed, though he happen to die. By s. 61, the Creditors are to choose persons to be Assignees of the Bankrupt's property. And by s. 64,

(242.) "The Commissioners shall, by Deed "indented and inrolled in any of His Majesty's "Courts of Record, convey to the said Assig(6 nees, for the benefit of the Creditors, all "lands, tenements, and hereditaments (except Copy or Customary hold), in England, Scotland, Ireland, or in any of the dominions, plantations, or colonies belonging to His Majesty, to which any Bankrupt is entitled; "and all Interest to which such Bankrupt is "entitled in any of such lands, tenements or "hereditaments, and of which he might, accord

ing to the Laws of the several countries, dominions, plantations or colonies, have disposed; “and all such lands, tenements and hereditaments, as he shall purchase, or shall descend, "be devised, revert to, or come to such Bank66 rupt before he shall have obtained his Certificate, and all Deeds, Papers and Writings

66

respecting the same; and every such Deed "shall be valid against the Bankrupt, and against all persons claiming under him." Copyhold property, which is exempted out of this section, is provided for in another, which shall be inserted in its proper place.

(243) By Section 66, the Lord Chancellor

is empowered, on petition, to vacate the Conveyance, and the Commissioners to make a new one; but this is not to affect the Title of any Purchaser under any Conveyance prior to the Chancellor's Order. The object of this section is to provide for the case of the absence or other disability of any of the Assignees.

(244.) By Section 70, the Assignees may take advantage of any condition or power of redemption annexed to any former conveyance by the Bankrupt, as fully as the Bankrupt himself might have done.

(245.) By Section 73, it is enacted, that if any Bankrupt, being at the time insolvent, shall (except upon the marriage of any of his children, or for some valuable consideration) have conveyed to any of his children, or any other person, any other hereditaments, &c. the Commissioners shall have power to sell and dispose of the same as aforesaid; and every such sale shall be valid against the Bankrupt, and such children and persons as aforesaid, and against all persons claiming under him.

66

(246.) By Section 77, "All Powers vested in

any Bankrupt which he might legally execute "for his own benefit (except the right of nomi"nation to any vacant Ecclesiastical Benefice)

may be executed by the Assignees, for the "benefit of the Creditors, in such manner as "the Bankrupt might have executed the same."

(247.) By Section 78, the Lord Chancellor is empowered, " upon the petition of the Assig

8 V. J. 534;

2 Swanst. 291.

66

66

nees, or of any Purchaser from them, of any part of the Bankrupt's Estate, if such Bankrupt shall not try the validity of the Commission, or if there shall have been a Verdict at "Law establishing its validity, to order the Bankrupt to join in any Conveyance of such "estate, or any part thereof; and if he shall not "execute such Conveyance within the time "directed by the Order, such Bankrupt, and all persons claiming under him, shall be stopped from objecting to the validity of such Conveyance; and all Estate, Right or Title which "such Bankrupt had therein, shall be as effectually barred by such order as if such Conveyance had been executed by him.”

Thus the purchaser is relieved from all apprehension of the Commission being superseded or called in question, which would destroy or throw a doubt upon his title.

(248.) It is to be observed, that if a Commission be issued against any Trader, and he be thereupon adjudged a Bankrupt, he becomes so from the time when the Act of Bankruptcy on which the Commission is grounded was committed; so that the Power of the Commismissioners overreaches and annuls all conveyances made by him since that time. And therefore by sect. 81 it is enacted,

(249.) That all Conveyances by, and all Contracts and other Dealings and Transactions by and with any Bankrupt, bona fide made and entered into more than two calendar months

before the date and issuing of the Commission against him, shall be valid, notwithstanding any prior act of Bankruptcy by him committed; provided the person or persons so dealing with such Bankrupt had not, at the time of such Conveyance, Contract, Dealing or Transaction, notice of any prior act of Bankruptcy by him. committed: Provided also, that where a Commission has been superseded, if any other Commission shall issue against any person or persons comprised in such first Commission, within two calendar months next after it shall have been superseded, no such Conveyance, Contract, Dealing or Transaction, shall be valid, unless made or entered into more than two calendar months before the issuing the first Commission.

(250.) And by Section 86, "That no pur"chase from any Bankrupt bona fide and for "valuable consideration, where the purchaser "had notice at the time of such purchase of an "act of Bankrupt by such Bankrupt comImitted, shall be impeached by reason thereof, "unless the Commission against such Bank"rupt shall have been sued out within twelve "calendar months after such act of Bank"ruptcy."

(251.) And for the further security of Purchasers, the 87th section provides "That no "title to any Real or Personal Estate sold under any Commission, or under any Order in Bankruptcy, shall be impeached by the Bankrupt,