case ex part james Lord chancellor Parker Eq can ab pl pl a creditor by bind  before day of payment can take out a commission of bankruptcy nor ought any  proceed to he have upon such commission a be bind in a bind to b Payable on  Mayday then next a in the mean time become a bankrupt b before Mayday take out  a commission of bankruptcy against he and the commissioner have summon his  wife will have examine her touch the time and manner of a s become a bankrupt  but she refuse to make any such discovery they commit her and some of a s  creditor who come in under the commission and pay their contribution money  imprison a for the debt peer William er p for which the seek relief by the  commission and upon the petition of a and his wife disclose these matter and  hear counsel on both side it be resolve by Lord chancellor first that if a  creditor by bind before the day of payment sue out a commission of bankruptcy  against the obligor in the bind it be irregular peer William and such a  irregularity for which the commission ought to be supersede for though it be  debt is owed in prsenti yet as it can be so much as put in suit or a action  commence upon it much less can there be a commission of bankruptcy take out on  such bind whereby all the real and personal estate of the bankrupt be as it be  seize in execution vide autem Geo cap Geo and how these statute have alter the  law in that point see stat Geo c S second that the wife of the bankrupt can be  examine against her husband touch his bankruptcy she by the commonlaw can be a  witness for or against her husband and though the former statute of James  authorize the commissioner to examine the wife touch any concealment of the  good effect or estate of the bankrupt Inst b vern yet neither do that or the  late statute of the last session extend to examine the bankrupt wife touch his  bankruptcy or whether he have commit any act of bankruptcy and how or when he  become a bankrupt Geo cap Geo c S and see crowley case swan buck and the court  say that until the late set up e above mention concern bankrupt the  commissioner can not examine the bankrupt himself touch his bankruptcy and  that in this act there be no clause enable they to examine the bankrupt wife  against her husband and though the warrant of commitment of the wife be  produce by which it appear that the commissioner have commit her as well for  refuse to discover the good and effect of the bankrupt as to discover the time  and manner of his bankruptcy yet by Lord chancellor one of the reason for  commit the wife be for not discover how and when her husband be a bankrupt and  she be to continue in prison till she shall make this discovery the commitment  be illegal and she ought to be discharge and accord it be order she shall be  discharge peer William three it be resolve that such of the bankrupt creditor  as come in under the commission by which all the bankrupt estate both real and  personal by mean whereof he shall pay his debt be seize shall not be allow to  imprison the bankrupt for not pay those debt wherefore the court say they will  order the bankrupt to be discharge out of custody as to any action bring by  those who have come into the commission of bankruptcy and have seek relief  thereby say vide ex part Salkeld ante anon post Vol two ex part Callow Ves jun  and though it be object by Mr mead that the bankrupt ought not to be discharge  until he have perfect his examination the court hold the contrary for it do  not appear that the bankrupt be in contempt or have refuse to be examine if he  have yet when the commission of bankruptcy be irregular sue out there ought  not to be any proceed upon it by way of examine the bankrupt or otherwise