PART I. this Act; provided however that in every case in which any person shall be so committed for refusing to answer or for not fully answering any question put to him, every such question shall be specified in the examination or deposition of the person committed, remaining on the file of proceedings and so referred to as aforesaid. And provided also that a copy of the said examination Copy of examinor deposition so referred to shall be delivered ation to be delipersonally to the person committed within twentyfour hours next after his actual committal to prison, and in default of the said copy being delivered the person committed shall be discharged from custody, either by the Court or by the Judge before whom such person may be brought by habeas corpus, with such costs, if any, as the said Court or Judge may deem just. (B. A. 1861, sec. 112.) vered to person committed. Person committed. If any person so committed shall sue forth any Discharge of Writ of Habeas Corpus in order to be discharged from such commitment, he shall not be discharged by reason of any mere matter of form; but if the Court or Judge before whom he shall be brought, upon inspection and consideration of the whole of the examination or deposition of such person, shall be of opinion that the answer or answers of such person is or are satisfactory, the Court or Judge may order the person so committed to be discharged. (B. A. 1861, sec. 113.) If any person shall wilfully disobey any rule or order of the Court, duly made for enforcing any of the purposes and provisions of this Act, the Court may by warrant, in the form contained in the Schedule (F) to this Act annexed, commit the person so offending to the common gaol of any county, city, or place where he shall be found, or where he shall usually reside, there to remain without bail or mainprise until such Court or the Court of Appeal in Chancery sitting in Bankruptcy shall make order to the contrary. (B. A. 1861 sec. 226.) Power to commit persons wilfully disobeying any Rule or Order of Court. PART I. Search Warrants may be granted. Penalty on persons guilty of In all cases where it shall be made to appear to the satisfaction of the Court that there is reason to suspect and believe that any property of any Bankrupt is concealed in any house or other place not belonging to such Bankrupt, the Court may grant a search warrant to the messenger and his assistants, or other person appointed by the Court, and it shall be lawful for such messenger and his assistants, or other person, to execute such warrant according to the tenor thereof; and such messenger and his assistants, or other person, shall be entitled to the same protection as is allowed by law in execution of a search warrant for property reputed to be stolen or concealed, and every such search warrant shall be in the form contained in Schedule (V) to this Act annexed, or to the like effect. (B. L. C. A., 1849, sec. 106.) AS TO MISDEMEANORS BY BANKRUPT. Any Bankrupt who shall do any of the acts or misdemeanors. things following with intent to defraud or defeat the rights of his creditors, shall be guilty of a misdemeanor, and shall be liable at the discretion of the Court before which he shall be convicted to punishment by imprisonment, for not more than three years, or to any greater punishment attached to the offence by any existing statute: If Bankrupt 1. If he shall not upon the day limited for his shall not surren der and conform, &c. surrender, and before three of the clock of such day, or at the hour and upon the day allowed him for finishing his examination, after notice thereof in writing to be served upon him personally or left at his usual or last known place of abode or business, and after notice in the London Gazette, surrender himself to the Court (having no lawful impediment allowed by the Court) and sign or subscribe such surrender and submit to be examined before such Court from time to time. 2. If he shall not upon his examination fully and truly discover, to the best of his knowledge and belief, all his property real and personal, inclusive of his rights and credits, and how and to whom and for what consideration, and when he disposed of, assigned, or transferred any part thereof, except such part as has been really and bonâ fide before sold or disposed of in the way of his trade or business, if any, or laid out in the ordinary expense of his family, or shall not deliver up to the Court or dispose as the Court directs of all such part thereof as is in his possession, custody, or power, except the necessary wearing apparel of himself, his wife, and children, and deliver up to the Court all books, papers, and writings, in his possession, custody, or power, relating to his property or affairs. PART I. If he shall not Property, and deliver up all his discover all his Books, &c. If he shall embezzle any part of his 3. If he shall after adjudication, or within sixty days prior to adjudication, with intent to defraud his creditors, remove, conceal, or Property, &c. embezzle any part of his property to the value of £10 or upwards. 4. If in case of any person having to his knowledge or belief proved a false debt under his Bankruptcy he shall fail to disclose the same to his assignees within one month after coming to the knowledge or belief thereof. If he allow a false Debt to be proved, &c. 5. If he shall with intent to defraud wilfully and If he shall omit fraudulently omit from his Schedule any effects dule any Effects, or property whatsoever. 6. If he shall after the filing of the petition for from his Sche If &c. he shall with hold the production of any Book, &c. If he shall part with, con ceal, falsify, or destroy any of his Books, &c. PART I. If he shall part with or charge his Property, &c. shall account for any of his Property by anyfictitious losses, &c. 8. the Law of Bankruptcy, part with, conceal, destroy, alter, mutilate, or falsify, or cause to be concealed, destroyed, altered, mutilated, or falsified, any book, paper, writing, or security or document relating to his property, trade, dealings, or affairs, or make or be privy to the making of any false or fraudulent entry or statement in, or omission from, any book, paper, document, or writing, relating thereto. If within the like time he shall, knowing that he is at the time unable to meet his engagements, fraudulently and with intent to diminish the sum to be divided amongst the general body of his creditors, have made away with, mortgaged, encumbered, or charged any part of his property of what kind soever, or if after adjudication he shall conceal from the Court or his assignees any debt due to or from him. If a Trader he 9. If being a trader he shall under his Bankruptcy, or at any meeting of his creditors within three months next preceding the filing of the petition for adjudication, have attempted to account for any of his property by fictitious losses or expenses. 10 If being a trader he shall within three months next before the filing of the petition for adjudication, under the false colour and pretence of carrying on business and dealing in the ordinary course of trade, have obtained on credit from any person any goods or chattels with intent to defraud. 11. If being a trader he shall with intent to defraud his creditors, within three months next before the filing of the petition for adjudication, pawn, pledge, or dispose of, otherwise than by bonâ fide transactions in the ordinary way of his trade, any of his goods or chattels which have been obtained on credit and remain unpaid for. (B. A. 1861, sec. 221) PART I. nor, the Judges tices of Peace. If it shall at any time appear to any Court that If it appears that the Bankrupt the Bankrupt has been guilty of any of the offences has been guilty in the next preceding section (221) set forth, such of a misdemea Court shall have and may exercise such jurisdiction, may act as Jusrights, powers, and privileges for the summoning, apprehending, committing, remanding, bailing, and otherwise proceeding in respect of such Bankrupt as are exercised by and vested in Her Majesty's Justices of the Peace in respect of persons against whom a charge or complaint shall have been made before any one or more of the said Justices in respect of any felony or indictable misdemeanor committed within the limits of the jurisdiction of such Justice or Justices, and all the provisions of the Act 11th and 12th Vic., c. 42, shall, with such variations as the nature of the case may require, extend and apply to the Judges of the County Courts acting in matters under this Act, and their proceedings, as well as to Justices of the Peace and their proceedings. (B. A. 1861, sec. 222.) Prosecutor. Costs of Prosecution. The Court may direct that the Creditors' Assig. And may appoint nee, or if there be no Creditors' Assignee, the Official Assignee, or any of the Creditors of the Bankrupt, shall act as the Prosecutor in respect of such offence, and shall give to such Assignee, or Creditor, a certificate of the Court baving so directed, which certificate shall be deemed sufficient proof of such prosecution having been directed as aforesaid; and upon the production of such certificate the costs of such prosecution shall be allowed by the Court before which any person shall be prosecuted or tried in pursuance of such direction, unless such last-mentioned Court shall specially otherwise direct; and when allowed by any such Court such sum so allowed shall be ordered by the said Court to be paid and borne in all respects in the same manner as the expenses of prosecutions for felonies are now paid and borne, and the same shall be paid and borne accordingly; and any expenses incurred by such Prosecutor, |