179'" LITERARY INTELLIG-EWCER. sSy 



of culpable conduft, he fliall, in that cafe, be entitled 

 to demand a warrant for detaining the prifoner for the 

 fpace of days, until he can be brought to a fair 



and open trial, to afcertain whether or not he has been 

 guilty of the crimes laid to his charge. 



5. Hitherto, if I miftake not, our law only takes 

 cognizance oi frauds in bankrupt cafes, the puniftiment 

 of which is death; but as there may be fmaller delinquen- 

 cies which ought not to be allowed to efeape unpunilhed, 

 though death would be deemed too fevere ; thele delin- 

 quencies may be fpecified by the nzme.oi-culpable conduS-, 

 the punifhment for which trefpalfes, might be pillory 

 or imprifonment, or both, at the difcretion of the judge, 

 according to the degree of delinquency proved. The 

 creditor, therefore, fliould be at liberty to bring his ac- 

 tion for one or the other trefpafs, as he fhould fee caufe. 

 If the affidavit run for a fraud, the culprit ^fhould be 

 remanded to prifon. But if the accufation went ncf far- 

 ther than culpahle conduct, the judge fliould be empow- 

 ered to admit the debtor to bail, on his being able to 

 find fureties to a fufficient amount, wlio fliall become 

 bound for his appearance at the trial *. 



6. In all cafes of this fort, both in ^c-o^/rw;^ and Eng- 

 land, the trial fliall be by jary only. 



7. If upon trial, the profecutor fliall fail in his proof, 

 fo as that the jury acquits the pi ifoner, the judge fliall 

 immediately declare him free at the bar : Nor fliall the 

 debtor after his acquittal be liable to be again incarce- 



* It is fubmittcd, whether in this cafe it would not be reafonabl? to 

 require the fufccics to become bound for the payment of a fiini equal to 

 the amount of the ivhole iL-Lt due to the deponent or deponents, who fliall 

 appear and make oath on this occafien. And that in cafe of forfeiting 

 the bail bond, the money recovered upon this occafion fliall go wholly 

 into the pocket of the dcpontnt or deponents, without communicating 

 it to any of the other creditors ; and the fureties in this cafe fliall 

 come in the place of the creditor or creditors whom they have paid, and 

 be entitled to rank among the creditors of the bankrupt for the fum ch«y 

 have paid, arid as fuch, ihall obtaip a proportional dividend of his ei- 



