The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

Of the Examination of Witnesses, and others, for the discovery of the Bankrupts Estate Real and Personal, and his Debts, and the penalty for refusing to be sworn and examined, or to discover.

PER Stat. 13 Eliz. c. 7. It is Enacted,

That if after any such Act or Of∣fence committed, and complaint there∣of made to the said Commissioners or the major part of them, by any party grieved concerning the premisses, know∣ing, supposing or suspecting any of the Goods, Chattels, Wares, Merchandises or Debts of such Offender or Offenders, Debtor or Debtors to be in custody, use, occupying, keeping or possession of any

person or persons, or any person or persons to be indebted to any such Of∣fender or Offenders, do make relation thereof to the said Commissioners, so to be appointed, or the major part of them; That then the said Commissio∣ners,* 1.1 or the most part of them, shall by vertue hereof and of the said Com∣mission, have full Power and Authority to send for, and call before them by* 1.2 such Process, Ways or Means, as they shall think convenient by their discreti∣ons, all and every such person and per∣sons so known, suspected or supposed to have any such Goods, Chattels, Wares, Merchandises or Debts in his or their custody, use, occupation, keeping or possession, or supposed or suspected to be indebted to such Offender or Offen∣ders; and upon their appearance to ex∣amin them, and every of them, as well by their Oaths as otherwise, by such ways and means as the said Commissio∣ners, or the major part of them by their discretions shall think meet and conve∣nient, for, and upon the specialty, cer∣tainty, true declaration and knowledge of all, and singular such Goods, Chat∣tels, Wares, Merchandises and Debts of any such Offender or Offenders, as be supposed or suspected to be in his or their custody, use, occupation or posses∣sion, and all such Debts as by them or any of them shall be supposed or sus∣pected

to be owing to any such Offen∣der or Offenders.

And if any such person or persons, upon such Examination, do not disclose, and plainly declare and shew the whole Truth of such things as he or they shall be examin'd of concerning the premisses to his knowledge, or do deny to swear; then every such person or persons, so de∣nying to swear, or being examined, do not declare the plain and whole Truth concerning the Premisses, upon due proof thereof to be made before the said Commissioners, or the major part* 1.3 of them, by Witnesses, Examination or otherwise, as to the said Commissio∣ners, or the major part of them shall seem sufficient in that behalf, shall lose and forfeit double the value of such Goods, Chattels, Wares, Merchandises and Debts, by them, or any of them so concealed, and not wholly and plainly declared and shewed; which forfeiture shall be levied by the said Commissio∣ners, or the major part of them, of the Lands, Tenements, Hereditaments, Goods and Chattels of such persons so denying to swear, or not disclosing the whole Truth, as is aforesaid, by such ways and means, and in such manner and form, as is before limitted and appoint∣ed for the principal Offender or Offen∣ders, Debtor or Debtors, and the same

forfeitures to be distributed or imploy∣ed to, or for the satisfaction and pay∣ment of the Debts of the said Creditor or Creditors, in such like manner, rate and form, as is above declared con∣cerning the ordering of the Lands and Tenements, Officers Fees, Goods and Chattels of such Offender or Offenders, Debtor or Debtors, as is aforesaid.

Per Stat. 1 Jac. c. 15. For a further in∣forcement for discovery of the Bank∣rupts Estate, by Examination of Trustees, Concealers, or of such that have Coni∣sance of his Estate, according to the* 1.4 Statute of 13 Eliz. It is Enacted,

That if any person or persons, being known, supposed or suspected to have or detain any part of the Lands, Tenements or Hereditaments, Goods, Chattels or Debts of the said Bankrupt, or to be indebted to, or for the benefit of the said Bankrupt, shall after lawful warn∣ing to the said person or persons given, to come before the said Commissioners, or the greater part of them, to be ex∣amined according to the intent of the said Statute, refuse to come, or shall not come before the said Commissioners at the time appointed, having no law∣ful impediment, such as shall be admit∣ted and allowed of by the said Com∣missioners or the major part of them, and which shall be then signified or

made known to the said Commissioners at the time of their assembly; or that any such person or persons, having knowledge or warning of any other as∣sembly or meeting of the said Com∣missioners again, shall not come and ap∣pear* 1.5 before them at such time as he or she lawfully may come, having no such lawful impediment as shall then be made known to the said Commissioners, and by them admitted and allowed of as aforesaid, or being come before them, shall refuse to be sworn, and to make answer to such Interrogaorties as shall be administred unto him or them, accord∣ing to the true intent and meaning of the said Statute made in the 13 Eliz. or of this present Act, That then it shall be lawful for the said Commissioners to commit to such Ward or Prison, as to them or the major part shall be thought meet, all such person and persons as shall so refuse to be sworn, and make answer to such Interrogatories as shall be so ministred as aforesaid; and also to direct their Warrants to such person or persons, as to them or the greater part of them shall be thought meet, to apprehend and arrest such person and persons as shall refuse to appear before them as aforesaid, and to bring him, her or them before the said Commissioners or the greater part of them, to be exami∣ned, as abovesaid; and upon his, her

or their refusal to come, or to be exa∣mined before the said Commissioners, as aforesaid, to commit the said party so refusing, to such Prisons as the said Commissioners or the greater part of them shall think meet, there to remain without Bail or Mainprise, until such time as the said party so refusing to come, or to be sworn to answer before the said Commissioners, shall submit him or her self to the said Commissioners, and be by them examined according to the true intent of the said Statute, and of this present Act.

Note. By Stat. 1 Jac. c. 15. It is pro∣vided,* 1.6 That such Witnesses as shall be sent for, shall have such costs and char∣ges as the Commissioners in their discre∣tion shall think fit, the same to be ratea∣bly born by the Creditors according to the proportion of their Debts.

Per Stat. 21 Jac. 15. The Commissio∣ners may examine upon Oath, or by any other ways or means, as to them shall seem meet, any person or persons for the finding out and discovery of the Truth and certainty of the several Debts due and owing to all such Creditor or Credi∣tors, as shall seek relief by the Commissi∣on.

Two refuse to be examined, and the Commissioners make a joint Commit∣ment, it's ill; and it was quousque they

conform, and upon return of the Habeas Corpus, it is not averred that they were obstinate, 29 Car. 2. B. R. Penrice vers. Wing.

Note. Action on the Case lies against a Sheriff for suffering one to escape, who was committed by the Commissioners of Bankrupts, because he refused to be exa∣mined, 1 Roll. Rep. 47. More 834.——The Case of the Sheriffs of Bristol, Vide su∣pra.

The Commissioners committed one Jeakile for refusing to swear upon a Com∣mission against Thompson. Now he did not refuse to swear, but had sworn he had none of the Bankrupt Thompsons Estate in his hands, but he would not an∣swer whether any of Thompsons Estate came to his hands before the Commssi∣on sued out, &c. having received his own Debt before, nor per Curiam is he compellable to swear so, upon 1 Jac. c. 15. and then he was committed by A. B. Commissioners, for refusing to swear, &c. whereas the Commission was to A. B. and others, it appears not that A. and B. were a majority or a Quorum, which is ill, 3 Keb. 837. Rex vers. Jeakill.

Notes

• * 1.1

  Concealers.
• * 1.2

  Debtors.
• * 1.3

  Ponalty for Ob∣stinacy.
• * 1.4

  Concealers.
• * 1.5

  Refusal to ap∣pear, or an∣swer, or dis∣close.
• * 1.6

  Witnesses. Charges.