B A N K 
'©a this he grants a commillion to fnch difereet perfons as 
to him (hall Idem good, who are then Ailed comniiffioners 
•of bankrupt. 13 hliz. c. 7. Of thefe commiAloners there 
are feveral exiffing lifts, which take the commiilions of 
bankruptcy in turn. The petitioners, to prevent mali¬ 
cious applications, mud be bound in a bond to the lord 
chancellor for 200I. to make the party amends in cafe they 
do not prove him a bankrupt. And if, on the other hand, 
they receive any money or clfefts from the bankrupt, as 
a recompence for filing out the commiAion, fo as to re¬ 
ceive more than their rateable dividends of the bankrupt’s 
eAate, they forfeit not only what they (hall have fo recei¬ 
ved, but their whole debt. Thefe provifions are made, 
as well to fecure perfons in good credit from being 
damnified by malicious petitions, as to prevent knavifli 
combinations between the creditors and bankrupt, in 
order to obtain the benefit of a commillion. When the 
com mi (Aon is awarded and iffaed, the commiAloners are to 
meet at their own expence, and to take an oath for the 
due execution of their commillion, and to be allowed a 
fum not exceeding 20s. per diem, each, at every fitting. 
And no commillion of bankrupt Aiall abate, or be void, 
by the death of the bankrupt l'ubfequent to the commif- 
fion, (1 Jac. I. c. 15 ;) nor upon any demife of the crown. 
5 Geo. II. c. 30. The grantinga commiAion of bankrupt¬ 
cy is not diferetionary, but a matter of right. 1 Fern. 153. 
By Aat. 3 Geo. II. c.30, the petitioning creditor is di- 
aiefted at his own cofts to profecute the -commiAion until 
ajfignees Aiall bechofen; which coAs are to be afeertained 
by the commiAloners at the meeting for the choice of af- 
flgnees ; and are to be paid by the aAignees to the peti¬ 
tioning creditor out of the firft money or effects received 
by them, under the commillion. But thefe coAs-may be 
taxed by a mailer in chancery, on petition to the lord chan¬ 
cellor. Cooke’s B. /.. c.i. NotwithAanding this Aatute has 
provided a remedy againA maliciouAy filing out commif- 
lions of bankrupt, yet it is held not to takeaway the com¬ 
mon-law remedy by an aftion for damages, but that the 
party may proceed at law to obtain fuch redrels for the in¬ 
jury he has luAained, as a jury may think he is entitled to. 
3 Burr. 141-8. 1 Ath. 144. 
If more than two of the commiAloners Aiould die, by 
which means there would not be a fufiicient number to exe¬ 
cute it, or if the commiAion ihould be loA, it mud be re¬ 
newed ; upon which renewal only half the fees are paid, 
and the commiAloners under the renewed commiAion pro¬ 
ceed from that Aep which was left incomplete by the for¬ 
mer. The commiAloners are firA to receive propf of the 
perlon’s being a trader, and having committed fome aft 
of bankruptcy ; and then to declare him a bankrupt, if 
• proved fo; and to give notice thereof in the Gazette, and 
a( the fame time to appoint three meetings. At one of 
thefe meetings, an eleftion muA be made of aflignees or 
perfons to whom the bankrupt’s eAate (hall be afligned, 
and in whom it Aiall be veAed for the benefit of the cre¬ 
ditors; and aAignees are to be chofen by the major part in 
value of the creditors who Aiall then have proved their 
debts; and one creditor, if to a fufiicient amount, may 
ebufe him (elf afTignee ; but aAignees may be, if necelfary, 
originally appointed by the comniiAioners, and afterwards 
approved or.rejefted by the creditors: but no creditor 
Hull be admitted to vote in the choice of aflignees, whofe 
debt on the balance of accounts does not amount to iol. 
And at the third meeting at fartheA, which muA be on 
the forty-fecond day after the advertilement in the Ga¬ 
zette, (unlefs the time be enlarged by the lord chancellor; 
it may not be for more than fifty days, unlefs on fpecial 
circumflanees of involuntary default by the bankrupt, x 
Aik. 222,) the bankrupt, upon notice alfo perfonally ferved 
upon him, or left at his ufual place of abode, muA fur- 
render liimfelf perfonally to the comniiAioners; which 
furrender, if voluntary, protects him from all arreAs tili 
jhis final examination is paA : and he mud thenceforth in 
all refpefts conform to the direftions of the Aatutes of 
bankruptcy; or, in default of either furrender or con- 
y,OL. II. No. c,6. 
R U P T. 68 y 
formity, he Aiall be guilty of felony without benefit of 
clergy, and fhall fuller death, and his goods and efiate 
Aiall be dillributed among his creditors. 5 Geo. 11 . c. 30, 
In cafe the bankrupt ahfeonds, or is likely to run away, 
between the time of the comm ill] oil ilfued and the lalt 
day of furrender, he may by warrant from any judge or 
juffice of the peace be apprehended and committed to the 
county gaol, in order to be forthcoming to the comtnif- 
Aoners; who are aHb empowered immediately to grant a 
warrant for feizing his goods and papers. When the bank¬ 
rupt appears, the conimiilioners are to examine him, touch¬ 
ing all matters relating to his trade and effefts. They 
may alfo ftimnion before them, and examine, the bank¬ 
rupt’s wife (21 Jac. I. c. 19) ; arid any other perfon what¬ 
soever, -as to all matters relating to the bankrupt’s affairs. 
And in cafe any of them Aiould refufe to anfwer, or Aiall 
not anfwer fully, to any lawful queAion, or fhall refufe to , 
fubferibe fuch their examination, the comniiAioners may- 
commit them to prifon without bail, till they fubmit them-' 
felves, and make and Agn a full anfwer; the comniiAion¬ 
ers Ipecifying in their warrant of commitment the queffion 
fo refilled to be anlwered. And any gaoler, permitting 
fuch perfon to efcape, or go out of prifon, Aiall forfeit 
500I. to the creditors. 5Geo. II. c. 30. The bankrupt, 
upon this examination, is bound upon pain of death to 
make a full difeovery of all his efiate and effects, as well 
in expectancy as pofleflion, and how he has difpofed of the 
fame ; together with all books and writings relating there¬ 
to: and is to deliver up all in his own power to the com- 
miflioners, (except the necefi’ary apparel of liimfelf, his 
wife, and children;) or, in cafe he conceals or embezzles 
any effefts to the amount of 20I. or withholds any books 
or writings, with intent to defraud his creditors, iie fliall 
be guilty of felony without benefit of clergy; and his 
goods and efiate fliall be divided among his creditors. And 
unlefs it fliajl appear, that his inability to pay his debts 
arofe from Ibme cafual lofs, he may, upon conviftion by 
indiftment for fuch grofs miiconduft and negligence, be 
fet upon the pillory for two hours, and have one of his 
ears nailed to the fame and cut off- 21 Jac. I. c. 19. And 
fo careful is the law to avoid any fraud, dilhonefty, or con¬ 
cealment, on the part of the bankrupt, that an agreement 
by the friends of the bankrupt, to pay a fum in coniide- 
ration that the creditors would not examine him as to par¬ 
ticular points, is void. Nerot v. Wallace, 3 Term Rep. 17. 
After the time allowed to the bankrupt for fuch difeove¬ 
ry is expired, any other perfon voluntarily difcoveringany 
part of his efiate, before unknown to the aAignees, Aiall 
be entitled to 3 percent, out of the effefts fo difeovered* 
and fuch farther reward as the aAignees and commjAioners 
Aiall think proper. And any truftee wilfully concealing" 
the eAate of any bankrupt, after the expiration of the 
two-aiid-forty days, Aiall forfeit iool. and double the va¬ 
lue of the cAute concealed, to the creditors. 5 Geo. II. c.30. 
Hitherto every thing is in favour of the creditors ; and 
the law feems to be pretty rigid and fevere againft the 
bankrupt; but, in cafe he proves liimfelf lioneA, it makes 
him full amends for all this rigour and feverity. For, if 
the bankrupt hath made an ingenuous difeovery, (of the 
truth and fufficiency of which there remains no reafon to 
doubt), and hath conformed in all points to the direftions 
of the law ; and if, in confequence thereof, the creditors, 
or four parts in five of them in number and value, (but 
none of them for lefs than 20I.) will fign a certificate to 
that purport; the conimiilioners are then to authenticate 
fuch certificate under their hands and feals, and to tranf- 
mit it to the lord chancellor, and lie, or two of the jud¬ 
ges whom he Aiall appoint., on oath made by the bankrupt 
that, fuch certificate was obtained without fraud, may al¬ 
low the fame; or difallow it upon caufe Aiewn by any of 
the creditors of the bankrupt. If no caufe be fhewn to 
the contrary, the certificate is allowed of courfe, and then 
the bankrupt is entitled to a decent and reafonaijle allow¬ 
ance out of bis effects for his future fupport and mainte¬ 
nance, and. to put him in a way of honefi induftry.' This 
SM allowance 
r 
