Economics -- Early works to 1800; Finance -- Great Britain; Great Britain -- Economic conditions -- 18th century
The remainder of the estate of the debtor to be fairly and equally
divided among the creditors, who are to apply themselves to the
commissioners. The commissioners to make a necessary inquiry into the
nature and circumstances of the debts demanded, that no pretended debt be
claimed for the private account of the debtor; in order to which inquiry
they shall administer the following oath to the creditor, for the proof
of the debt.
I, A. B., do solemnly swear and attest that the account hereto
annexed is true and right, and every article therein rightly and
truly stated and charged in the names of the persons to whom they
belong; and that there is no person or name named, concealed, or
altered in the said account by me, or by my knowledge, order, or
consent. And that the said — does really and _bonâ fide_ owe and
stand indebted to me for my own proper account the full sum of —
mentioned in the said account, and that for a fair and just value
made good to him, as by the said account expressed; and also that I
have not made or known of any private contract, promise, or agreement
between him the said — (or any body for him) and me, or any person
whatsoever.
So help me God.
Upon this oath, and no circumstances to render the person suspected, the
creditor shall have an unquestioned right to his dividend, which shall be
made without the delays and charges that attend the commissions of
bankrupts. For,
1. The goods of the debtor shall upon the first meeting of the creditors
be either sold in parcels, as they shall agree, or divided among them in
due proportion to their debts.
2. What debts are standing out, the debtors shall receive summonses from
the commissioners, to pay by a certain time limited; and in the meantime
the secretary is to transmit accounts to the persons owing it, appointing
them a reasonable time to consent or disprove the account.
And every six months a just dividend shall be made among the creditors of
the money received; and so, if the effects lie abroad, authentic
procurations shall be signed by the bankrupt to the commissioners, who
thereupon correspond with the persons abroad, in whose hands such effects
are, who are to remit the same as the commissioners order; the dividend
to be made, as before, every six months, or oftener, if the court see
cause.
If any man thinks the bankrupt has so much favour by these articles, that
those who can dispense with an oath have an opportunity to cheat their
creditors, and that hereby too much encouragement is given to men to turn
bankrupt; let them consider the easiness of the discovery, the difficulty
of a concealment, and the penalty on the offender.
1. I would have a reward of 30 per cent. be provided to be paid to any
person who should make discovery of any part of the bankrupt’s estate
concealed by him, which would make discoveries easy and frequent.
Public-domain text, read in full here on John Shaqi.
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