he is a bankrupt, and give notice thereof in the London Gazette. The commissioners are invested with ample powers for getting possession of the bankrupt's person and effects. They assign all his property, real and personal, to assignees appointed by themselves, and these assignees subsequently assign it over to other assignees, appointed at the second meeting of the creditors, in case of such other assignees being so appointed, and approved by the commissioners. Creditors, whose debts are not due, are allowed to prove them, discounting interest. Sureties and bail for the bankrupt, when they pay the whole debt for which they are bound, may represent their claims under the commission, and receive the dividends that would otherwise have been assigned to the party to whom they pay the debt, even if it is not paid until after the commission issues. Persons holding policies of insurance signed by the bankrupt, may also present their claims, and if the contingency, whereby they would be entitled to a loss, happens before the commission is closed, their claims will be allowed. An annuity creditor is also admitted to prove; likewise sureties on an annuity bond, and any creditor whose debt depends on a contingency, if the contingency take effect pending the commission. The conveyance made to the assignees will transfer to them, for the benefit of the creditors, all goods of any other person in the possession of the bankrupt at the time of the failure, and, by permission of the owner, reputed to belong to the bankrupt. Conveyances and transfers made by the bankrupt after he shall have been insolvent, except upon consideration of marriage, or other good consideration, are void, and the property so transferred is disposed of by the assignees for the benefit of the creditors. The assignees may, at their election, assume any subsisting lease held by the bankrupt, or any agreement by him to purchase lands. The bankruptcy dissolves articles of apprenticeship entered into with the bankrupt, and if he has received any apprentice's fee, on account of taking an apprentice, a part or the whole of it is returned by the commissioners. The assignees may execute any powers vested in the bankrupt, which he might have executed for his own benefit. If the bankrupt was trustee of property, the chancellor appoints others in his stead. Conveyances by, and contracts and transactions by and with, the bankrupt, bona fide, and executions levied more than two 47

VOL. I.

months before the issuing of the commission, though after the act of bankruptcy, are valid if the other party had no notice of the previous act of bankruptcy. Payments made at any time before the bankruptcy are also valid. The creditors appoint a receiver of the money, the proceeds of the bankrupt's property. The money must be vested in exchequer bills on interest, if so directed by the commissioners. The first dividend is made at the end of 12, and the final one at the end of 18 months. In case the bankrupt does not surrender himself within 42 days after notice, or appear, as required, from time to time, to be examined on oath before the commissioners, or does not discover all his property, or deliver up all his books and papers relating thereto, or conceals and embezzles property to the value of £10, or papers relating thereto, he is deemed guilty of felony, and liable to be transported for life, or for a term not less than seven years. During his examination, an allowance is made to him for the support of his family. The bankrupt is absolutely discharged from all his debts and liabilities subsisting at the time of his becoming bankrupt, in case of his obtaining, and the lord chancellor's allowing, a certificate of four fifths in number and value of creditors to the amount of £20 each, or, after six months from the time of his last examination, of three fifths in number and value of such creditors, or nine tenths in number, that he has duly surrendered, and in all things conformed to the requisitions of the act. tracts to induce creditors to sign the certificate are void. But, if it be a second case of the debtor's bankruptcy, his certificate will not exempt his future property and earnings from liability to his creditors, unless the dividends amount to 15s. in the pound. A bankrupt who obtains his certificate, if the dividends amount to 10s. in the pound, is allowed 5 per cent. on the amount, not exceeding £400; and if the dividends amount to 12s. 6d. in the pound, he is allowed 7 per cent., not exceeding £500; and if the dividends amount to 15s. in the pound, he is allowed 10 per cent., not exceeding £600 but if they are less than 10s. in the pound, he is only allowed such sum as the assignees and commissioners may think fit, not over 3 per cent., nor exceeding £300. But the bankrupt is not entitled to a certificate, if he has lost, in gambling, within 12 months, £200, or £20 in any one day in that time; or if he has lost £200 in stockjobbing, or has caused false

All con

entries in his books, and mutilated or falsified papers to defraud his creditors, or connived at any person's proving a fictitious debt under the commission. If the bankrupt or his friends propose a composition which is accepted by nine tenths of his creditors in number and value, the commission of bankruptcy will be superseded.-In Holland, there has existed, since 1643, in Amsterdam and other commercial cities, a court (Kamer van desolade Boedels), consisting of an equal number of lawyers and merchants, who assemble twice a week, to take cognizance of the bankruptcies that may occur. When a person becomes insolvent, this court appoints two commissioners (a merchant and a lawyer), to take charge of his affairs, who, with a secretary, immediately repair to the bankrupt's, seal up and make an inventory of his property, take possession of his books, &c. The following day, they assemble the creditors living in the place, and make a report; at the same time assigning certain days for the future meetings of the creditors. Two or three creditors are now appointed to take possession of the property of the bankrupt and administer it, and attend to the substantiation of claims. From this time the bankrupt has a month to propose an accord to his creditors, which the commissioners make known to creditors, abroad and at home, by public advertisements. If a creditor has any objections to it, he must urge them strenuously. To have any respect paid them, they must be made by a principal creditor, whose claims amount to one fifth or one sixth, or by two or more, whose joint claims amount to one twenty-fifth. If no accord is effected, the bankrupt is declared insolvent by the commissioners, his property is put in trust, and the former sequestrators are changed into trustees, who, with the aid of a book-keeper, proceed to the examination of claims. The insolvency is now reckoned from the sequestration, and all transfers, &c., made in the four weeks previous, are regarded as null and void. These trustees now ascertain the amount of property and debts, and make a dividend, though the last dividend must be made 18 months after the assignment. The allowance made the bankrupt is from 3 to 10 per cent., in proportion to the dividend; but it can never exceed 10,000 florins. If the bankrupt is not found chargeable with fraud, he may obtain a certificate, which must be signed by the trustees, and the creditors, at least one half in number and five eighths in value,

or five eighths in number and one half in value, and which not only restores him to his former standing, but secures him from all subsequent demands of former creditors.-Denmark, also, has a distinct court of distribution (Skifteret), which appoints trustees, who divide the estate of the bankrupt among the creditors, under the approbation of the court. No creditor can be appointed a trustee.-In Sweden, the debtor, from the time of giving notice of his insolvency, must keep his house. The creditors of the place and neighborhood are forthwith called together; the bankrupt makes oath of his property; and the estate is given, in provisional trust, to two or more men. All the creditors are now publicly invited to prove their demands at the end of six months. The creditors must appear, before 12 o'clock, on the fixed day; their information is read, and, if possible, on the same day, oath is made of the justice of their claims. Two trustees, chosen by the creditors, now take charge of the estate. Three weeks after the first meeting of the creditors, a second takes place, and, 14 days afterwards, they are again assembled, and receive a dividend. -All these laws are more judicious than the common German law on the same subject, which is, indeed, in commercial cities, frequently superseded by special law. The delays and expenses of the German bankrupt system are carried to a great extent, and even the most equitable judge is often unable to prevent fraud and abuse. The tedious public citations; the various processes of liquidation; the admission of legal measures, involving delay; the frequent disputes respecting right of priority;-all these have the effect of inspiring merchants, foreigners especially, with a dislike of the system, and inducing them, if possible, to come to a voluntary composition. More than half the estate of the bankrupt is often exhausted by the costs, or by the unavoidable delay of its conversion into money, and there are instances of 100 years having elapsed before a final settlement. The punishment of negligent and fraudulent bankrupts is usually confinement in prison or the workhouse.

BANKRUPTCY, NATIONAL. (See National Bankruptcy.

BANKS, Sir Joseph, baronet, born in Lincolnshire, 1743, a naturalist, sprung from a family of Swedish origin, which had settled in England a century before, and from which the attorney and tragic poet John Banks was also descended. He studied at Eton and Oxford till 1761.

He then visited Hudson's bay, for the purpose of making researches in natural history, and, together with his friend doctor Solander, accompanied Cook on his voyage of discovery. In an expedition into the interior of the desolate Terra del Fuego, for the purpose of examining the country, the two naturalists narrowly escaped perishing with cold, B. introduced the bread-tree into the American islands, and he wrote the botanical observations in the account of Cook's voyages. In 1771, the university of Oxford conferred on him the degree of doctor of laws. In 1772, he visited Iceland, in order to make himself acquainted with its natural productions. After the resignation of sir John Pringle, in 1778, B. was chosen president of the royal society; but, in 1784, he was violently assailed by some of the most distinguished members, on account of his behavior towards doctor Hutton, and his disregard to the mathematical part of the society. In 1781, he was made a baronet. The French chose him a member of the national institute, in 1801, because to his intercession they owed the recovery of the papers of La Peyrouse, relating to his voyage, which had fallen into the hands of the English. His library, and his collections in natural history, are unequalled. Besides some essays, periodical publications, and some contributions to the transactions of learned societies, he wrote nothing but a Short Account of the Causes of the Blight, the Mildew, and the Rust in Corn, 1805. He died June 19, 1820. After the death of Mr. Brown, his librarian, his collections will be added to the British museum.

BANKS, Thomas, an English sculptor, was born in 1735. He studied sculpture, with great success, in the royal academy, and was elected to be sent, as one of its students, to Italy. Here he executed several excellent pieces, particularly a basso relievo representing Caractacus brought prisoner to Rome, in the possession of the duke of Buckingham; and a Cupid catching a butterfly, which was afterwards purchased by the empress Catharine. From Italy he repaired to Russia, where he staid for two years without meeting with any adequate encouragement, when he returned to his own country. Among other works executed by him, was a colossal statue, exhibiting Achilles mourning the loss of Briseis, now in the hall of the British institution. He is also the sculptor of the admired monument of sir Eyre Coote in Westminster abbey. Mr. Banks was elected a

member of the royal academy not long after his return from Russia, and finished a life of arduous exertion in Feb., 1805. BANN. (See Ban.)

BANNEC; an island in the English channel, near the coast of France. Lon. 4° 55′ W.; lat. 48° 25 N.

BANNER; a word found in all the modern languages of western Europe, the origin of which, however, is given in many very different ways. It signifies the colors, or standard. Among the ancient Germans, if a knight was able to lead 10 helmets, i. e. 10 other knights, against the enemy, the duke (herzog) gave him a banner, and he was called a banneret (bannerherr). In some republics, banneret or standard-bearer was the title of one of the highest officers, as the gonfaloniere of Florence and other Italian republics, and the bannerherr in the Swiss republics. Banneret, in England, was a knight made in the field, with the ceremony of cutting off the point of his standard, and making it a banner-a custom which has long since ceased. Several banners are famous in history, as the Danish banner, taken from the Danes by Alfred the Great, the oriflamme (q. v.), &c. Catholic churches generally have their banners.

BANNOCKBURN; a village of Scotland, in Stirlingshire, seated on the Bannock, famous for the decisive battle fought near it between king Robert Bruce of Scotland and Edward II of England, 1314 A. C., in which the English were defeated.

BANQUETTE, in fortification; the elevation of earth behind a parapet, on which the garrison of a fortress may stand, on the approach of an enemy, in order to fire upon them. The height of the parapet above the banquette (the height of defence), is usually about four feet six inches; the breadth of the banquette, when it is occupied by one rank, two and a half to three feet; when it is occupied by two ranks, four to six feet. It is frequently made double, that is, a second is made still lower.

BANQUO, or BANCHO; thane of Lochaber, the grandfather of Walter, the first lord high steward of Scotland, and the progenitor of the royal house of Stewart. He gained several great victories over the Highlanders and Danes, in the reign of Donald VII, but tarnished his glory by joining Macbeth in the conspiracy against that monarch. He was murdered by Macbeth, about 1046.

BANS OF MATRIMONY is the giving public notice, or making proclamation, of a mat

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rimonial contract, and the intended celebration of the marriage of the parties in pursuance of such contract, to the end that persons objecting, either on account of kindred, precontract, or for other just cause, may have opportunity to declare such objections before the marriage is solemnized. The notice is given either by proclamation, viva voce, by a minister or some public officer thereto authorized, in some religious or other public assembly, or by posting up written notice in some public place.

BAOBAB, or BAHOBAB; a tree (adansonia digitata, Wild.). It is the largest production of the whole vegetable kingdom. The trunk is not above 12 feet high, but it is from 60 to 85 feet round; the weight of the lower branches bends them to the ground, so that they form a hemispherical mass of verdure about 120, sometimes 150, feet in diameter. The flowers are in proportion to the size of the tree, and followed by a fruit, about 10 inches long. When dry, the pulp, by which the seeds are surrounded, is powdered, and brought to Europe from the Levant, under the name of terra sigillata lemnia; the seeds are called goui.

BAOUR-LORMIAN, Louis Pierre Marie François, born, in 1771, in Toulouse, was appointed a member of the French academy, during the "hundred days," in Bouffler's place, and this appointment was confirmed after the second restoration of the king. His reputation as a poet commenced with his translation of Tasso's Jerusalem Delivered. Still earlier, his quarrels with the poet Lebrun excited curiosity. Several epigrams, which were exchanged between them, have been preserved. Baour said

Lebrun de gloire se nourrit, Aussi voyez comme il maigrit. Lebrun replied, pretty severely

Sottise entretient l'embonpoint, Aussi Baour ne maigrit point. He wrote, with Etienne, in order to excite the enthusiasm of the French, the opera Oriflamme, in Feb., 1814, which was very humorously parodied by Rehfues (Die Oriflamme, Leipsic). In 1824, he published a translation of Dante's Divina Commedia. He has since lived in the country, and first broke a long silence by a poem on the coronation of Charles X, for which he received a jewel and a letter of nobility.

BAPHOMET. Joseph von Hammer, the renowned Orientalist in Vienna, has discussed this subject in his essay (in the Fundgruben des Orients, 6 vols. 1 numb.)

Mysterium Baphometis revelatum, seu Fratres Militia Templi, qua Gnostici et quidem Ophiani, Apostasia, Idoloduliæ et Impuritatis convicti, per ipsa eorum Monumenta (Discovery of the Mystery of Baphomet, by which the Knights Templars, like the Gnostics and Ophites, are convicted of Apostasy, of Idolatry and of moral Impurity, by their own Monuments). At the same time appeared a work of his, in which he endeavored to show the connexion of the Templars with the Assassins. He intended to prove, by this, that the order had been justly condemned and abolished, and that its corruption had not originated from intercourse with the Saracens, nor crept in as a particular doctrine and corruption of single chapters, but war common to the whole order, and pro ceeded from the statutes of their institu tion. At the same time, von Hammer extends his investigations to the origin of the Freemasons, and to the pretended similarity of their symbols with those of the Templars and Ophites. His chief subject is the images which are called Baphomet. They are to be found in several museums and collections of antiquities, as in Weimar (see the drawings in the Curiositäten, 2d vol.), and in the imperial cabinet in Vienna. These little images are of stone, partly hermaphrodites, haying, generally, two heads or two faces, with a beard, but, in other respects, female figures, most of them accompanied by serpents, the sun and moon, and other strange emblems, and bearing many inscriptions, mostly in Arabic. The author explains 24 of them, partly by means of drawings, and takes them for idols of the Templars. The inscriptions he reduces almost all to Mete. This Mete is, according to him, not the Mrs of the Greeks, but the Sophia, Achamot Prunikos of the Ophites, which was represented half man, half woman, as the symbol of wisdom, unnatural voluptuousness and the principle of sensuality. As every thing which is reported of this Metis of the Gnostic Ophites, and all that is known of the worship of images, and of the heads of Baphomet in the chapters, from the accusations and statements on the trial of the Templars, agrees with the figure and the inscriptions of these idols, the true signification of them cannot be doubted. He asserts that those small figures are such as the Templars, according to the statement of a witness, carried with them in their coffers. Baphomet signifies Baon MrEos, baptism of Metis, baptism of fire, or the Gnostic baptism, an enlightening of

the mind, which, however, was interpret ed by the Ophites, in an obscene sense, as fleshly union. This baptism was performed by cups or chalices, accompanied by the symbols of generation and of the mystical meal of the Gnostics, three of which are in the cabinet of antiquities at Vienna, and are represented in the treatise. These vessels are said to have been fixed at the feet of certain images, and to have been filled with fire, by which the initiation in their shameful mysteries was completed in the secret chapters of the Templars. The image of Baphomet was girded with serpents, as a symbol of unnatural sins. In several is to be seen also the T, the truncated cross, the character of Baphomet, which, being put as a part for the whole, was used to signify the instrument of life, the creating wisdom, the key of life; and was also called, by the Ophites, the tree of life, and the key of the Gnosis. On some images, the serpent is also to be seen, entwined round this cross. Finally, the images of Baphomet exhibit also the sun and moon, which, in the mysteries of the ancients, were of different signification. Von Hammer refers all the signs and images, which are said to be found on the buildings and coins of the Templars, to that infamous mystery. Such bold speculations, in a matter so much investigated, have met with great opposition: in particular, the fundamental assertion, that those idols and cups came from the Templars, has been considered as unfounded, especially as the images known to have existed among the Templars seem rather to be images of saints. Some deny that the word Mete is to be found upon these images or any other relics at all, or that it means an Ophitic Eon, and assert, that the Ophitic sects were not in existence in the 11th century. See Raynouard, the defender of the Templars (in the Journal des Savants), and de Sacy. Von Nell, also, has written Baphometische Actenstücke zu dem, durch des Herrn von Hammer Mysterium Baphometis revelatum wieder angeregten, Processe gegen die Tempelherren, zur Ehrenrettung des Christlichen Ordens (Vienna, 1819). In reply, von Hammer, in No. 50 of the Archives of Geogr., History, Politics and Tactics, 1819, pointed out, in the engravings of Nell, not less than eight places containing misrepresentations. In a more recent treatise of Nell-Essay on a cosmological Interpretation of the Phonician Worship of the Cabiri (in the above work, No. 69-75)--the author asserts, that, after a close examination, he

thinks the mysterious monuments, in the imperial cabinet of antiquities, which von Hammer explained as symbols of the Templars, to be alchemico-theosophical symbols, and that even the figure, which was believed to be a Mete, was found among the alchemists. We may observe, also, that Nicolai considered the word Baphomet as a sign of an abstract notion, as a pentagon drawn round the head of the image; but that von Hammer calls the head of the image, and the image itself, which is to designate the baptism of fire, Baphomet.

BAPTISM. As most symbolical ceremonies originate from customs or events of common life, which are afterwards chosen to represent something higher, baptism originated from the bathings and ablutions so frequently practised in Asia, and which, among all the sects of that part of the world, whether heathens, Jews or Mohammedans, have obtained a religious character. Baptism (that is, dipping, immersing, from the Greek Barris) was usual with the Jews even before Christ, and every converted heathen was not only circumcised, but also washed, as a symbol of his entrance into the new religion purified from the stains of his former life. From this baptism of proselytes, however, that of St. John differs, because he baptized Jews, also, as a symbol of the necessity of perfect purification from sin. Jesus himself was baptized by John, as were probably several of his apostles, who had been the disciples of St. John. Christ himself never baptized, but directed his disciples to administer this rite to the converts, using the following words: "Go ye, therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost" (Matt. xxviii. 19). Baptism, therefore, became a religious ceremony among Christians, and is considered as a sacrament by all sects which acknowledge sacraments. In the time of the apostles, the form of baptism was very simple. The person to be baptized was dipped in a river or vessel, with the words which Christ had ordered, and, to express more fully his change of character, generally adopted a new name. The immersion of the whole body was omitted only in the case of the sick, who could not leave their beds. In this case, sprinkling was substituted, which was called clinic baptism. The Greek church, as well as the schismatics in the East, retained the custom of immersing the whole body; but the Western church adopted, in the 13th