case mile against williams see S c p wms e r with note a bind give by the wife  dumb sola be discharge by the bankruptcy of her husband but if the bankruptcy  be plead to a action against they on such bind the plea must conclude to the  country and not with a verification or it will he have on a special demurrer S  c ante S c Peer wms S c pale yellow debt upon bind be bring against the  defendant and his wife they plead in bar that the bind be enter into by the  wife dumb sola that a commission of bankruptcy issue out against the husband  who in all point conform himself to the statute Ann c S and so both defendant  say quod vigor of the statute Ann c S and other statute be become a bankrupt  per quod the debt be discharge et hoc prepared are verify to this plea the  plaintiff demurrer special because a bind enter into by the wife dumb sola to  be be not discharge by the bankruptcy of the husband and because they ought to  have conclude their plea to the country modern report Parker chief justice  deliver the resolution of the court that such a debt be a debt within the  statute Ann c S and consequent that it be discharge by the bankruptcy of the  husband the word of the statute be shall be discharge from all debt by he her  or they due and owe at the time that he she or they do become bankrupt the  question therefore will be whether this be a debt due and owe at the time of  the bankruptcy it have be argue by the bar and very reasonable that if debt  due to the bankrupt wife be assignable by the commissioner then it be  reasonable that debt owe by the bankrupt wife shall be discharge by the  bankruptcy now in order to know whether a debt due to the wife of the bankrupt  be assignable the intention of the statute Elizabeth c and James c must be  consider by the James c which be explanatory of that of Elizabeth c it be  provide that the commissioner shall have power to grant and assign or  otherwise to order or dispose all debt due or to be due to and for the benefit  of the bankrupt by what person or person soever or in what manner and form  soever to the use of the creditor c and that the say assignment or disposition  c shall so vest the property c in the assignee as full c as if the say bill  bind c whereupon the say debt shall arise and grow have be make to or with or  for the modern report er p assignee now the intention of this Act of  parliament be plain this that the bankrupt be not think a proper person to be  entrust with the management of his own estate for fear he shall defraud his  creditor the Act put the commissioner in the place and stead of the bankrupt  and consequent whatever estate the husband can turn into money in order to pay  modern report his debt the same be assignable by the commissioner the best way  of interpret statute be by the rule of commonlaw in like case thus the statute  de gift which say that a fine levy of entail land shall be Self jure nullus  have be interpret a   a not to make a nullity but a discontinuance because at  the commonlaw if a bishop seize in right of his church or a husband of his  wife have alien by fine c it be but a discontinuance if a bind be enter into  to two and one grant the bind to the king the king may sue alone b yearbook  Henry foe b it be the constant practice in outlawry to seize all the debt due  to the wife and yet the word of the writ good et catalla land et tenement of  the person outlaw be rather weak than the word of the statute the case of  Breadman v coal c hob c be a strong case for it prove that the husband may  assign a debt due to his wife by the commonlaw and that he be not restrain by  the statute James c because say the book it be the husband own debt which  bring it within the very word of the four of the queen it be certain a very  equitable interpretation that whatever may be apply by the bankrupt to the  payment of debt may be assignable by the commissioner the contrary opinion  that it be not assignable promote no good end in the world to the objection  that the statute do not extend to debt due to the bankrupt as administrator or  executor it may be answer that it be nothing to the purpose for he have no  interest in those debt to his own use and when he recover they they be asset c  modern report but it be object that this statute extend not to debt due to he  and another and for this purpose levinz be quote to this I answer that there  be no judgement in that case and that I doubt whether it be certain that the  whole debt be not vest in the crown upon the outlawry of one where there be  two oblige that a debt due from the bankrupt and another be within the Act  appear from the statute Ann c a declaratory law but this be his debt as be be  one with his wife another objection have be take that this debt shall survive  to the wife if the husband die before he recover it and this construction will  deprive her of this contingency but the answer be that the husband may by his  release have discharge this debt now this be a discharge of the legislature  apply in ease of his debt the assignee have the same remedy to recover it that  the bankrupt himself have if a note be Payable to a feme sole or order and she  afterward marry her husband be the proper person to endorse this note now that  this debt due from the wife be discharge by the bankruptcy seem to I to be  clear than that a debt to the wife shall be assignable c for this construction  make for the benefit and interest of the bankrupt the creditor and the wife as  to the bankrupt nothing can be hard than that he shall be strip of every thing  force upon oath and at the peril of felony to make a full discovery and yet  after all not to be discharge it be the intention of the capias only that the  love of liberty shall oblige to a full discovery modern report the discharge  of the bankrupt stand upon this reason that he be strip of every thing that  shall enable he to pay this reason hold equal to all the debt for which he may  be sue this exposition be better likewise for the creditor for if this debt be  discharge then be a creditor of the wife a creditor within the statute and to  come in for a equal proportion which be far more eligible than a action which  be good for nothing unless the wife survive and perhaps not then neither as to  the wife that this exposition be beneficial to her be so plain that it have be  urge as a objection that it will be too beneficial whether this be a temporary  discharge during the coverture or a perpetual one be not now a question but I  be incline to think it a perpetual one nor be this unreasonable for the law  look upon the debt as pay since the creditor be let into the common fund as to  the objection that this may be a fortune to a woman it be very reasonable that  she shall share in the advantage as well as disadvantage of the bankruptcy if  a supposition be make that a woman may precedent to her marriage put her  modern report er p estate into the hand of trustee for her separate  maintenance and so her debt will be discharge by the bankruptcy and her estate  out of the reach of the creditor the answer be no for I be of opinion that  such a settlement or conveyance quoad the creditor shall be deem void and  fraudulent as to the objection that this discharge be a personal privilege and  therefore not communicable to the wife the answer be that her discharge be  necessary consequential upon his a see Bosvil v Brander Peer wms Saddlington v  kinsman bro c c a the court be unanimous of opinion on the second point that  the plea of the defendant in bar be nought modern report for not conclude to  the country and therefore this be special assign for cause of demurrer  judgement be give for the plaintiff