atkins case ex part gibbons October the d Fescie a sheriff officer and bail  for the petitioner a bankrupt take he during the time of his last examination  and surrender he in discharge of his bail he pray to be discharge out of  custody and that Fescie may be censure for a contempt of the court Lord  chancellor incline to think that the bail take the principal come to a court  of justice to be examine have never be determine to be a contempt of the court  provide they bring he to be examine by that court and therefore dismiss the  petition but without prejudice to the bankrupt application to the court of  king bench the take of a bankrupt by his bail be not a contravention of the  Geo for the act provide only against arrest by creditor and bail be no  creditor till damnified and therefore not within the description this be a  petition present by the bankrupt against one Fescie a sheriff officer who be  bail for the bankrupt in a action for take he away during the time of his  examination before the commissioner on the fortysecond day and surrender he in  discharge of his bail and keep he in custody ever since raying that he may be  discharge out of custody and that Fescie may be censure for his contempt of  the court Lord chancellor this be a question of very great consequence but  mere a question of law whether Fescie can lawful take the bankrupt  notwithstanding the statute of the Geo it be not absolute necessary for I to  determine it because it may come in question in another place but I be of  opinion the take of the bankrupt by the bail be not a contravention of the act  of parliament the word of the five clause in the act be the bankrupt shall be  free from all arrest restraint or imprisonment of his creditor in come to  surrender and from the actual surrender of such bankrupt to the say  commissioner for and during the say fortytwo day or such further time as shall  be allow to such bankrupt for finish his examination the act provide against  arrest by creditor bail be no creditor till damnified and therefore be not  within the description the subsequent word of the clause be and in case such  bankrupt shall lie arrest for debt or on any escape warrant come to surrender  himself to the say commissioner or after his surrender shall be so arrest  within the time before mention that then on produce such summons or notice  under the hand of the commissioner to the officer who shall arrest he and make  it appear to such officer that such atkins notice or summons be sign by the  say commissioner or such assignee or assignee and give such officer a copy  thereof shall be immediate discharge it plain appear through the whole clause  to be confine to a arrest restraint or imprisonment by his creditor every  person that be arrest in the court of king bench be by bill of Middlesex or  latitat which recite the bill of Middlesex and the bailpiece be such a one  defendant to give up in ballium super to take in hand corpus c name the bail  their addition and place of abode so that in the constant language of that  court the bail be his gaoler and it be upon this notion the bail have a  authority to take the principal and he may be arrest on a Sunday for as he be  only at liberty by the permission and indulgence of the bail they may take he  up at any time atkins er p therefore to say that a act of parliament shall  prevent a person who have be so kind as to give the principal his liberty from  take he up in discharge of himself will be very hard especial as there be no  sort of danger here to the bankrupt of his be a felon as the commissioner may  examine he in gaol and consequent it in no sort can be say to be in  contradiction to the act of parliament but Mr attorney general say it be  contrary to a know rule of law that all who be summon to appear before person  act in a judicial capacity shall have a privilege to be safe from arrest to go  et Of persons I do not know that the bail take the principal come to a court  of justice to be examine as a witness have ever be determine as a contempt of  the court provide they bring he to be examine by that court but I will not be  understand to be bind by this opinion or to have it cite in another place  which be the only proper place the court of king bench where he be surrender  and it be that court only that can discharge the process for I can discharge  the process of a court of law in a summary way however I clear think ought not  to punish Fescie for a contempt in a doubIful case and especial where the man  be in those perilous circumstance of pay the debt if he have not surrender his  principal atkins therefore let the petition be dismiss but without prejudice  to any application the bankrupt may be advice to make to the court of king  bench