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payable, and which existed at the time of the bankruptcy, or which, although originally contingent, yet, from the contingency happening before the bankruptcy, were become absolute. In every case the amount of the debt must be precisely ascertained. Time and method of proving. Creditors were formerly precluded from proving after four months, but the court now, except in cases of gross negligence, allows them to come in at any time, whilst any thing remains to be disposed of. The usual proof required, is the oath of the creditor himself, either in person, or by affidavit, if he live remote from the place of meeting, or reside in foreign parts. 5 Geo. II.

Corporations, or companies, are generally admitted to prove by a treasurer, clerk, or other officer duly authorized.

Of the assignees. Immediately after declaration of the bankruptcy, the commissioners are to appoint a time and place for the creditors to meet and choose assignees; and are directed to assign the bankrupt's estate and effects to such persons as shall be chosen by the major part in value.

The powers and duties of assignees are principally those of collecting the bankrupt's property, reducing the whole into ready money, and making distribution as early as possible. One assignee is not answerable for the neglect of another. Assignees, if they act improperly, are not only liable at law to the creditors for a breach of trust, but may be removed on account of misbehaviour, &c. by petitioning the Lord Chancellor. Upon the removal of an assig nee, he is directed to join with the remaining one, in assignment to the latter and new assignee.

Provisions for wife, children, &c. By the statute of Elizabeth, the commissioners may assign any lands, &c. that the bankrupt shall have purchased jointly with his wife, and the assignment shall be effectual, against the bankrupt, his wife, or children; but this shall not extend to conveyances made before the bankruptcy, bona fide, and not to the use of the bankrupt himself only, or his heirs, and where the party to the conveyance are not privy to the fraudulent purposes to deceive the creditors.

Examination of the bankrupt. By the 5th Geo. II. the commissioners are empowered to examine the bankrupt, and all others, as well by parole, as by interrogations in writing. The said statute requires the bankrupt to discover all his estate and effects, and how, and to whom, and in what

manner, on what consideration, and at what time, he has disposed of them; and all books of papers, and writings relative thereto, of which he was possessed or interested, or whereby he or his family may expect any profit, advantage, &c. and on such examination he shall deliver up to the commissioners all his effects, (except the necessary wearing apparel of himself, his wife, and children,) and all books, papers, and writings relating thereto.

With respect to his privileges from arrest. By the above act, the bankrupt shall be free from all arrest in coming to surrender, and from his actual surrender to the commissioners for and during the 42 days, or the further time allowed to finish his examination, provided he was not in custody at the time of his surrender.

Books and papers. By 5 Geo. II. c. 30. the bankrupt is entitled, before the expiration of the 42 days, or enlarged time, to inspect his books and papers, in the presence of the assignees, or some person appointed by them, and make such extracts.as he shall deem necessary.

Power of commissioners in case of contumacy. The statutes empower the commissioners to enforce their authority by commitment of the party, in the following cases: persons refusing to attend on the commissioners' summons; refusing to be examined, or to be sworn, or to sign and subscribe their examination; or not fully answering to the satisfaction of the commis, sioners.

Of the certificate. By the 5 Geo. II. a bankrupt surrendering, making a full discovery, and in all things conforming to the directions of the act, may with the consent of his creditors, obtain a certificate.

If the commissioners certify his conformity, and the same be allowed by the Lord Chancellor, his person, and whatever property he may afterwards acquire, will be discharged and exonerated, from all debts owing by him at any time he became a bankrupt. But no bankrupt is entitled to the benefit of the act, unless four parts in five, both in number and value, of his cre ditors, who shall be creditors for not less than 201. respectively, and who shall have duly proved their debts under the commission, or some other person duly authorized by them, shall sign the certificate.

Of the dividends. The assignees are allowed four months from the date of the commission, to make a dividend; and should

apply to the commissioners to appoint a meeting for that purpose, or they may be summoned by them, to shew cause why they have not done so.

Allowance to the bankrupt. Every bank. rept surrendering, and in all things conforming to the directions of the act, shall be allowed five per cent, out of the net produce of his estate, provided, after such allowance, it be sufficient to pay his creditors ten shillings in the pound, and that the said five per cent. shall not in the whole exceed 2001. Should his estate in like manner pay twelve shillings and sixpence in the pound, he shall be allowed seven and an half per cent. so as not to exceed 2501, and if his estate pay fifteen shillings in the pound, he shall be allowed ten per cent. so as not to exceed 3001. But the bankrupt is not entitled to such allowance, till after a second dividend; nor can he be entitled to it till he has received his certificate.

Of the surplus. The commissioners are, on request of a bankrupt, to give a true and particular account of the application and disposal of his estate, and to pay the overplus, if any, to the bankrupt.

Of superseding commissions. Commissions may be superseded, for the want of a sufficient debt of the petitioning creditor; or because he was an infant; or for want of sufficient evidence of the trading, or act of bankruptcy; or in cases of frand; or by agreement or consent of the creditors.

Joint commissions. Partners are liable to a joint commission, or individually, against each; but a joint and separate commission cannot, in point of law, be concurrent. A joint commission must include all partners; if there be three partners, and one of them an infant, there can neither be a commission against the three, nor against the other two.

Felony of bankrupts. If any person, who shall be duly declared a bankrupt, refuse, within 42 days after notice left at his place of abode, and in the London Gazette, to surrender himself to the commissioners, and to fully disclose and discover all his estate and effects, reaf and personal, and all transferrences thereof, and also all books, papers, and writings, relating thereto, and deliver up to the said commissioners, all such estate and effects, books, papers, &c. as are in his power: (except his necessary wearing apparel, &c.) or in case he shall conceal, or embezzle any part of his estate, real or personal, to the value of 201. or any books of accounts, papers, or writings relating there

to, with intent to defraud his creditors, being lawfully convicted thereof, by judgment or information, shall be adjudged guilty of felony, without benefit of clergy, and his goods divided amongst his creditors.

BANKSIA, in botany, so called in honour of Sir Joseph Banks, who first discovered it in his voyage with Captain Cook; a genus of the Tetrandria Monogynia class and order. Natural order of Aggregatæ. Proteæ, Jussieu. Essential character, calyx four cleft, inferior; corolla four-parted; tube very short; border very long, linear, lanceolate anthers sessile in the cavity of the parts of the corolla; capsule two-seedèd, one (or two) celled, two valved. There are eight species. This genus is nearly allied to Protea and Embothrium in appearance and character, but is sufficiently distinguished from both in the fruit. It boasts some of the most specious plants that have been discovered in the South seas, and even in the known word. Those with solitary flowers and one-celled capsules form a separate genus, which Dr. Smith names Salis buria. Some of the species have flowered and seeded here; they have not yet been increased any other way but by seeds. These, and the plants in general from the South Seas, are hardy, considering their climate, and may be treated pretty much in the same manner with the Cape plants. They covet abundance of air, and flourish best near the front of the dry stove.

BANN, in military affairs, a proclamation made in the army, by beat of drum, sound of trumpet, &c. requiring the strict observance of discipline, either for the declaring a new officer, or punishing an offender.

BANN of the empire, an imperial proscription, being a judicial punishment, wherewith such as are accessary to disturbing the public peace, are judged unworthy of the immunities and protection of the enpire, and are out-lawed or banished, &c.

BANNER denotes either a square flag, or the principal standard belonging to a prince.

BANNERET, an ancient order of knights, or feudal lords, who possessing several large fees, led their vassals to battle under their own flag, when summoned thereto by the king.

This order is certainly most honourable, as it never was conferred but upon some heroic action performed in the field. Anciently, there being but two kinds of knights, great and little, the first were call.

ed bannerets, the second bachelors; the first composed the upper, the second the middle nobility.

The form of the banneret's creation is this; on a day of battle, the candidate presented his flag to the king, or general, who, cutting off the train, or skirt thereof, and making it a square, returned it again; the proper banner of bannerets, who, from hence, are sometimes called knights of the square flag.

The late Sir William Erskine, on his return from the continent in 1764, was made a knight banneret, in Hyde Park, by his present Majesty, in consequence of his dis-' tinguished conduct at the battle of Emsdorf. But he was not acknowledged as such in this country, because the ceremony did not take place where the engagement happened. Captain Trollope, of the royal navy, is the last created knight banneret.

BANNISTERIA, in botany, a distinct genus of plants, according to Linnæus; but, accounted only a species of Clematis by other botanists.

It belongs to the Decandria Trigynia class; its flower consists of five very large, orbicular petals; and its fruit is composed of three unilocular capsules, running into long alæ.

BANTAM work, a kind of painted or carved work, resembling that of Japan, only more gaudy.

Bantam work is of less value among connoisseurs, though sometimes preferred, by the unskilful, to the true Japan work. Formerly it was in more use and esteem than at present, and the imitation of it much practised by our japanners.

There are two sorts of Bantam, as well as of Japan work; as, in the latter, some are flat, lying even with the black, and others high or embossed, so, in Bantam work, some is flat, and others in-cut, or carved into the wood, as we find in many large screens ; with this difference, that the Japan artists work chiefly in gold and other metals, and the Bantam generally in colours, with a small sprinkling of gold here and there.

BAPTISM, in matters of religion, the ceremony of washing, by which a person is initiated into the christian church.

BAPTISM, in the sea-language, a ceremony in long voyages on board merchant ships, practised both on persons and vessels, who pass the tropic or line, for the first time. The baptizing the vessels is simple, and cousists only in washing them through

out with sea-water; that of the passengers is more mysterious. The oldest of the crew, that has past the tropic or line, comes with his face blacked, a grotesque cap on his head, and some sea-book in his hand, followed by the rest of the seamen dressed like himself, och having some kitchen utensil in his hand, with drums beating. He places himself on a seat on the deck, at the foot of the mainmast. Af the tribunal of this mock magistrate, each passenger not yet initiated swears he will take care the same ceremony be observed, whenever he is in the like circumstances: then by giving a little money by way of gratification, he is discharged with a little sprinkling of water, otherwise he is heartily drenched with streams of water, poured upon him; and the ship-boys are inclosed in a cage, and ducked at discretion. The seamen, on the baptizing a ship, pretend to a right of cutting off the break-head, unless redeemed by the captain.

BAPTISTS, or ANTIPÆDOBAPTISTS, in church history, a considerable sect who are distinguished from other Christians by their opinions respecting baptism; and who maintain that the ordinance must be administered by the immersion of adults, and not by the sprinkling of infants. Such they say is the meaning of the word βαπλίζω : they call to their aid a variety of passages of scripture, none of which are however so decisive as to put the controversy to rest. And though it is certain that adults were baptized in the earliest periods of the christian system, there is no proof that infants were not admitted to the ordinance. It is not for us to enter into this controversy, which has been cut short by some other Christians, who maintain that baptism was intended only for the converts to the Christian faith, and was not to be repeated upon the children of believers. Hence many persons in the present day do not think it necessary to baptize their children, nor advise them to submit to it when they have attained to years of maturity. As the ordinance, when conducted with solemnity and liberality, is truly impressive, and as it does not occur to every one to witness such a scene during their lives, we shall extract an account of one performed in the neighbourhood of Cambridge, and which has been well described by the late excellent Mr. Robinson, whose name will live, when the distinction of sects and parties shall be obliterated from the Christian church, and when the only profession of faith will be

;

that in the divine mission of the founder happy day, when no man shall be excluded from the right-hand of fellowship, because he cannot believe in dogmas of self-created censors, and who cannot join in the ceremonies, for which there is no direct sanction in the New Testament.

"Not many years ago at Whittlesford, seven miles from Cambridge, forty-eight persons were baptized in that ford of the river from which the village takes its name. At ten o'clock, of a very fine morning in May, about 1500 people of different ranks assembled together. At half past ten in the forenoon, the late Dr. Andrew Gifford, Fellow of the Society of Antiquaries, Sublibrarian of the British Museum, and Teacher of a Baptist Congregation in Eaglestreet, London, ascended a moveable pulpit, in a large open court-yard, near the river, and adjoining to the house of the lord of the manor. Round him stood the congregation; people on horseback, in coaches, and in carts, formed the outside semicircle; many other persons sitting in the rooms of the house, the sashes being open, all were uncovered, and there was a profound silence. The doctor first gave out a hymn, which the congregation sung. Then he prayed. Prayer ended, he took out a New Testament, and read his text. 'I indeed baptize you with water unto repentance'. He observed, that the force of the preposition had escaped the notice of the translators, and that the true reading was-'I indeed baptize, or dip you in water at, or upon repentance;' which sense he confirmed by the 41st verse of the 12th of Matthew, and other passages. Then he spoke as most Baptists do on these occasions, concerning the nature, subject, mode, and end of this ordinance. He closed by contrasting the doctrine of infant sprinkling, with that of believers' baptism, which being a part of Christian obedience, was supported by divine promises, on the accomplishment of which all good men might depend. After sermon, he read another hymn, and prayed, and then came down. Then the candidates for baptism retired to prepare themselves. About half an hour after, the administrator, who that day was a nephew of the doctor's, and admirably qualified for the work, in a long black gown of fine baize, without a hat, with a small New Testament in his hand, came down to the river side, accompanied by several Baptist ministers and deacons of their churches, and the persons to be baptized. The men came first,

two and two, without hats, and dressed as usual, except, that, instead of coats, each had on a long white baize gown, tied round the waist with a sash. Such as had no hair wore white cottou or linen caps. The women followed the men, two and two, all dressed neat, clean, and plain, and their gowns white linen or dimity. It was said, the garments had knobs of lead at the bottom to make them sink. Each had a long light silk cloak hanging loosely over her shoulder, a broad ribband tied over her gown beneath the breast, and a hat on her head. They all ranged themselves around the administrator at the water side. A great number of spectators stood on the bank of the river on both sides; some had climbed and sat on the trees; many sat on horseback and in carriages, and all behaved with a decent seriousness, which did honour to the good sense and the good manners of the assembly, as well as to the free constitution of this country. First the administrator read an hymn, which the people sung; then he read that portion of scripture which is read in the Greek church on the same occasion, the history of the baptism of the eunuch, beginning at the 23d verse, and ending with the 39th. About ten minutes he stood expounding the verses, and then taking one of the men by the hand, he led him into the water, saying as he went, 'see here is water, what doth hinder? If thou believest with all thine heart, thou mayest be baptized.' When he came to a sufficient depth, he stopped, and with the utmost composure, placing himself on the left hand of the man, his face being towards the man's shoulder, he put his right hand between his shoulders behind, gathering into it a little of the gown for hold: the fingers of the left hand he thrusted under the sash before, and the man putting his two thumbs into that hand, he locked all together by closing his hand. Then he deliberately said, 'I baptize thee in the name of the Father, and of the Son, and of the Holy Ghost:' and while he uttered these words, standing wide, he gently leaned him backward and dipped him once. As soon as he had raised him, a person in a boat fastened there for the purpose, took hold of the man's hand, wiped his face with a napkin, and led him a few steps to another attendant, who then gave his arm, walked with him to the house, and assisted him to dress. There were many such in waiting, who like the primitive susceptors, assisted during the whole service. The rest of the

men followed the first, and were baptized in like manner. After them, the women were baptized. A female friend took off at the water side the hat and cloak. A deacon of the church led one to the administrator, and another from him; and a woman at the water side took each as she came out of the river, and conducted her to the apartment in the house, where they dressed themselves. When all were baptised, the administrator coming up out of the river, and standing at the side, gave a short exhortation on the honour and the pleasure of obedience to divine commands, and then with the usual benediction dismissed the assembly. About half an hour after, the men newly baptised having dressed themselves, went from their room into a large hall in the house, where they were presently joined by the women, who came from their apartments to the same place. Then they sent a messenger to the administrator, who was dressing in his apartment, to inform him they waited for him. He presently came, and first prayed for a few minutes, and then closed the whole by a short discourse on the blessings of civil and religious liberty, the sufficiency of scripture, the pleasures of a good conscience, the importance of a holy life, and the pros pect of a blessed immortality. This they call a public baptism."

The Baptists in England form one of the three denominations of Protestant dissenters, and are divided into Particular and General, the former are Calvinistical and Trinitarians; the latter are Arminians, and some very few Arians, but the greater part are Unitarians with regard to the person of Christ, considering him as man, the son of Joseph and Mary.

BAR, in courts of justice, an inclosure made with a strong partition of timber, where the council are placed to plead causes. It is also applied to the benches, where the lawyers or advocates are seated, because anciently there was a bar to separate the pleaders from the attornies and others. Hence our lawyers, who are called to the bar, or licensed to plead, are termed barristers, an appellation equivalent to licentiate in other countries.

BAR, in law, a plea of a defendant, which is said to be sufficient to destroy the plain tiff's action. It is divided into bar special, bar to common intendment, bar temporal, and bar perpetual. Bar special, falls ont upon some special circumstances of the case in question, as where an executor being

sued for his testator's debt, pleads that he had no goods in his hands at the day on which the writ was sued out. Bar to common intendment, is a general bar, which commonly disables the plaintiff's declaration. Bar temporary is such as is good for the present, but may afterwards fail; and bar perpetual is that which overthrows the plaintiff's action for ever. In personal actions, once barred, and ever so, is the general rule, but it is intended, where a bar is to the right of the cause, not where a wrong action is brought. In criminal cases, there are especially four pleas in bar, which go to the merits of the indictment, and give reason why the prisoner ought not to answer it, nor be tried upon it, as a former acquittal, a former conviction, although no judgment were given, a former attainder and a pardon.

BAR, in heraldry, an ordinary in form of the fesse, but much less.

It differs from the fesse only in its narrowness, and in this, that the bar may be placed in any part of the field, whereas the fesse is confined to a single place.

BAR, in music, a stroke drawn perpendicularly across the lines of a piece of music, including between each two a certain quantity or measure of time, which is various as the time of the music is either triple or common. In common time, between each two bars is included the measure of four crot. chets; in triple, three. The principal use of bars is to regulate the beating of time in a concert.

BAR, double, consists of two parallet straight lines, somewhat broader than a common bar, drawn near each other, and passing perpendicularly through the stave. The double bar divides the different strains of a movement. If two or more dots are placed on one of its sides, they imply that the strain of the movement or the same side with the dots is to be performed twice, and if the dots are placed on each side of the double bar, the repetition extends to the strains on each side of the double bar.

BAR, in hydrography, denotes a bank of sand, or other matter, whereby the mouth of a river is in a manner choked up.

The term bar is also used for a strong beam, wherewith the entrance of an liarbour is secured: this is more commonly called boom.

BARALIPTON, among logicians, a term denoting the first indirect mode of the first figure of syllogism. A syllogism in baralipton, is when the two first propositions are

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