power and authority to them four or three of them the said I. P. H. or I. M. to be one to proceed according to the statutes in the said commission mentioned, and all other statutes in force concerning bankrupts, not only concerning the said bankrupt, his body, lands, tenements, freehold, and customary goods, debts, and other things whatsoever, but also concerning ali other persons, who by concealment, claim, or otherwise, did or should offend touching the premises, or any part thereof, contrary to the true intent and meaning of the said statutes, and to do and execute all and every thing and things whatsoever, as well for and towards satisfaction and payment of the creditors of the said I. S. as towards and for all other intents and purposes, according to the ordinance and provision of the same statutes, willing and commanding them four or three of them, the said I. P. H. or I. M. to be one to proceed to the execution and accomplishment of that our said lord the king's commission, according to the true intent and meaning of the said statutes, with all diligence and effect, as by the said commission doth more fully appear; and that afterwards, to wit, on the 4th day of October, in the 50th year aforesaid, to wit, in the parish of W. aforesaid, in the county of Y. aforesaid, the major part of the said commissioners, in the said commission named, to wit, the said I. P. H., I. B., and I. L. P. administered to, and severally took before each other the oath of a commissioner of bankrupts, prescribed and specified by an act of parliament, made in the fifth year of his late majesty King George the 2nd, entitled, " An Act to prevent the committing of Frauds by Bankrupts," before they proceed to act in the execution of the said commission, according to the direction of the said act, and required to be taken by such commissioners, and did then and there respectively sign a memorial thereof, as by the said memorial by them the said commissioners entered and kept among the depositions and other proceedings on the said commission doth appear; and that afterwards, to wit, on the said 4th day of October, in the 50th year aforesaid, to wit, in the parish of W. aforesaid, in the county of Y. aforesaid, the major part of the said commissioners in the said commission named and appointed and authorized, to wit, the said I. P. H., I. B., and I. L. P. did proceed and under and in the execution of the said commission, did then and there find that the said I. S.

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did, and before the date and issuing forth of the said commission against him, become bankrupt within the true intent and meaning of the several statutes made and then in force concerning bankrupts or some or one of them, and did then and there duly adjudge and declare the said I. S. bankrupt accordingly. And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the said 4th day of October, in the 50th year of the reign aforesaid, notice in writing, signed by them the said I. P. H., I. B., and I. L. P. the major part of the said commissioners in the said commission named, appointed, and authorized, was, according to the direction of the statute in such case made and provided, delivered to the said I. S. personally, to wit, at the parish of W. in the county of Y. aforesaid, that the said commission of bankrupt had been issued against him the said I. S. and that he had been thereupon declared bankrupt; and the said I. S. was by them the said commissioners last named, thereby required and commanded personally to be and appear, and surrender himself to and before the major (a) part of the commissioners in the said commission named, on the 31st day of October, in the 51st year of the reign aforesaid, the 1st day of November the same year, and the 20th day of November the same year, at 12 of the o'clock at noon of each of the said days, at the sessions house in W. aforesaid, in the said county of Y. then and there to be examined according to the directions of the statute made in the 5th year of the reign of his late majesty king George the 2nd, intituled an act to prevent the committing of frauds by bankrupts, and thereupon to make full discovery and disclosure of all his estates and effects, and in all things to conform himself to the several statutes made concerning bankrupts; and afterwards, to wit,on the 9th day of October, in the 50th year of the reign aforesaid, notice was also given and published in the London Gazette, to wit, at the parish of W. aforesaid, in the county of Y. aforesaid, that a commission of bankrupt was awarded and issued forth against the said I. S. and that he, being declared a bankrupt, was thereby required to surrender himself to the said commissioners in the said commission

(a) These words are essential in an indictment for not

surrendering, Frith's case, Leach, 12.

named, or the major part of them (b), on the said 31st day of Oct. in the 51st year of the reign aforesaid, the 1st and 20th days of Nov. in the same year, at 12 of the clock at noon on each of those days, at the sessions house in W. and make a full discovery and disclosure of his estate and effects, and at the last sitting the said bankrupt was thereby required to finish his examination. And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the said 31st day of Oct. in the 51st year of the reign aforesaid, the major part of the said commissiouers named, authorized, and appointed in and by the said commission, to wit, the said I. P. H., I. B., and I. L. P. did meet at the sessions house in W. in the county of Y. aforesaid, and did proceed under and in execution of the said commission*, and they the said last-mentioned commissioners did then and there examine the said I. S. and the said I. S. then and there appeared and submitted himself to be examined by the said last-mentioned commissioners; but not being then and there prepared to make a full disclosure and discovery of his estate and effects, then and there desired further time for doing thereof, which was then and there granted to him accordingly **, and that afterwards, to wit, on the said 1st day of November, in the 51st year of the reign aforesaid, at the sessions house in W. aforesaid, the major part of the commissioners named and authorized in and by the said commission, to wit, the said I. P. H., I. B., and I. L. P. did meet pursuant to the said notice, and did proceed under and in the prosecution of the said commission, * and that the said I. S. did not make any disclosure or discovery of his estate and effects **. And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the said 20th day of Nov. in the 51st year aforesaid, at the sessions house, also called the new court house, in W. aforesaid, in the county of Y. aforesaid, the major part of the said commissioners named, appointed, and authorized in and by the said commission, to wit, the said I. P. H., I. B., and I. L. P. did meet in pursuance of the said notices, and did proceed under and in execution of the said commission; * and the said I. S. then and there appeared and submitted himself and was examined by the said last-mentioned commissioners touching his estate

(b) This is necessary in an indictment for not surrendering, see Leach, 15.

and effects, but the said bankrupt not being able satisfac torily to answer ali such questions as the said last-mentioned commissioners had put to him touching his the said I.S.'s estate and effects, without a further investigation of his books and papers, they the said last-mentioned commissioners did therefore** then and there adjourn the said bankrupt's last examination until the 21st day of November inst. at that place at 12 of the clock at noon of the same day, at which time and place, that is to say, on the said 21st day of November, in the 51st year of the reign aforesaid, at the sessions house at W. aforesaid, in the county of Y. aforesaid, the major part of the said commissioners named, appointed, and authorized in and by the said commission, to wit, the said I. P. H., I. B., and I. L. P., &c. did meet and did proceed under and in the execution of the said commission, and thereupon the said I. S. then and there duly appeared before the said last-mentioned commissioners in order to finish his examination, pursuant to the said notice in the London Gazette for that purpose given, and they the said last-mentioned commissioners did then and there enter into the final examination of him the said I. S. pursuant to the said notice*, and the said I. S. did then and there upon his corporal oath, the said last-mentioned commissioners then and there having sufficient and competent power and authority to administer the same oath to the said I. S. in that behalf, say, depose, and swear, (amongst other things,) that the book marked A. which was then produced and delivered up by the said I. S. with the goods and things seized by and under the said commission, did contain and were a full and true disclosure and discovery of all his the said I. S.'s estate and effects, both real and personal, and how and in what manner, to whom and upon what consideration, and at what time or times he had disposed of, assigned, or transferred any of his goods, wares, and merchandizes, money, or other estate and effects, and all books, papers, and writing relating thereto, of which he was possessed, or to which he was any ways interested or intitled, or which any person or persons before or had then had in trust for him or to his use, at any time before or after the issuing of the said commission, or whereby the said I. S. or his family had, or might have or expect, any profit, possibility of profit, benefit, or advantage whatsoever, except only such part of his estate and effects as had been really and bona fide before sold and

disposed of in the way of his trade and dealings, and except such sums of money as had been laid out in the ordinary expense of himself and family, and that at the time of that, bis the said I. S.'s examination, he had delivered up to the said commissioners named, or the major part of them, or unto the assignees chosen under the said commission, all such part of his goods, wares, and merchandizes, money, estate and effects, and all books, papers and writings, relating thereto, as were then in his custody, possession, or power, the necessary wearing apparel of himself and children only excepted; and the said I. S. then and there further said, that he had not removed, concealed, or embezzied any part of his estate, real or personal, or any books of accounts, papers, or writings relating thereto, with an intent to defraud his creditors; and that the said I. S. then and there further said, that he had got two stalls in the cloth hall at Leeds, and that since his bankruptcy his wife paid to M. M. out of money belonging to the said I. S. the sum of 397. and upwards, to take up a returned bill. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said I. S. did not, upon such his said examinations as aforesaid, or either of them, before the major part of the said commissioners in the said commission named, appointed, and authorized §, after the said I. S. became bankrupt, and after the issuing of the said commission as aforesaid, fully and truly disclose and discover all his estate and effects of which he was possessed, or to which he was interested or intitled before or after the time of the issuing of the said commission as aforesaid against him, except such part of his estate and effects as had been really and bona fide sold and disposed of in the way of his trade and dealings, and except such sums of money as had been laid out in the ordinary expenses of his family; nor did he the said I. S. upon such his said last examination, or before or afterwards, deliver up to the said commissioners, or the major part of them, or unto the assignees chosen under the said commission, ali such part of his goods, wares, and merchandizes, money, estate and effects, and all books, papers, and writings relating thereto, as were at the time of his said examinations, or either of them, in his custody, possession, or power, (the necessary wearing apparel of himself, his wife and children only excepted,) but he the said I. S. not regarding the laws and statutes of this realm, nor the pains and penal ties therein contained, after he became a bankrupt, and