case ex part LINGOOD may the that ante Eq Cas Abr SC the petitioner be declare  a bankrupt and the three sit at guildhall advertise the commissioner upon the  examination of witness in the intermediate time find that he be remove and  conceal his effect summon he to appear before they the next day from the date  of the summons and on his refuse to come certify this fact to Mr justice  chapel who commit he to Newgate and on the keeper send notice thereof to the  commissioner they bring he before they upon their own warrant and on his  refuse to be examine recommit he to Newgate the bankrupt petition now to be  discharge as be illegal commit the court of opinion the certificate be  pursuant to the power give to the commissioner under the statute of bankruptcy  and that where they have full evidence of his intention to secret his effect  they may examine he in the intermediate time between the declaration of  bankruptcy and the sit at guildhall upon the that of April last the commission  be sue out by Jonathan eaden who have be former a partner with Lingood but  suspect he be not just deal with he dissolve the partnership and bring his  bill for a account after the cause have be depend some time in chancery upon  the proposal of Lingood all matter in difference be refer to arbitration and  the submission to the award be make a rule of court the arbitrator after  fifteen month consideration award pound to be due to eaden on a balance of  account and direct this money to be pay by instalment and likewise award  Lingood to deliver some amber and shell to Mr eaden but Lingood not appear nor  any agent for he on the day and place appoint for the delivery of the amber  and shell and for make one of the payment accord to the award attachment be  make out against he into London and Middlesex for a breach of the award and  upon his abscond to avoid his be arrest under the attachment a commission of  bankruptcy be take out against he and he be declare a bankrupt after the three  sit at guildhall videlicet the that of April the that and d of may have be  advertise in the gazette for the bankrupt to surrender and to discover his  estate and effect the commissioner in the intermediate time have meet and  examine witness upon interrogatory and find upon such examination that the  bankrupt have be remove and conceal his effect and fraudulent convey away his  real estate in order to defraud his creditor think proper to summon he by  their messenger on the that of April to appear before they the next morning  and it appear that he have be serve with the summons and refuse to attend the  commissioner in pursuance of a clause in the that of the atkins er p present  king certify this fact to Mr justice chapel who commit he to Newgate and upon  the keeper of newgate send a write atkins notice to the commissioner that lie  have Lingood in his custody they immediate send their own warrant to bring he  before they and upon his refuse to take the oath in order to his be examine  the commissioner recommit he to Newgate where he have lie ever since upon the  that of April Lingood prefer his petition to Lord chancellor suggest that he  have be illegal commit to Newgate that he be not indebt to eaden the petition  creditor and pray that he may be discharge from his confinement and that his  lordship will please to direct a issue at law to try whether the petitioner be  a bankrupt at or before the issue of the commission of bankruptcy against he  and theC all proceed on the say commission may be stay in the mean time and  that his lordship will enlarge the time for finish his examination for day  over and beside the mention in the gazette Lord chancellor there be three  thing which be proper to be consider upon this petition saint whether the  bankrupt have be illegal commit and therefore ought to be discharge a dly  whether a issue shall be direct to try the bankruptcy dly whether the petition  creditor be a just and proper debt the last ought to be consider first because  if there be no foundation for the petition creditor debt all the proceed under  the commission must of course fall to the ground I think there can be no doubt  as to the petition creditor be a just debt while the award stand for the  arbitration bind be a debt at law and bind the party until it be set aside for  corruption or partiality c and the bill which have be bring by Lingood for  that purpose can be a foundation to suspend it for if it be a person then have  nothing more to do but to file such a bill and frustrate the effect of the  award and therefore I think the debt be very sufficient to support the  commission the act of bankruptcy likewise be extreme plain and attend with  fraudulent circumstance I have not meet with strong in any case whatever for  Lingood appear to have act entire by the advice of his attorney Mr Vaughan who  contrive the whole scheme of his go away to avoid the attachment of this court  and likewise the convey away and secret his effect be make out very clear from  the deposition of several person who be examine before the commissioner so  that in reality here be no less than two distinct act of bankruptcy the one  arise from his abscond and the other from his fraudulent convey away his good  and therefore there can be no reason to supersede the commission or to direct  a issue as there be nothing but a general affidavit of the bankrupt that he be  not one and that be by no mean sufficient for he ought to have give a  particular answer to the fact charge in the deposition take atkins before the  commissioner and in the affidavit on the other side as to the legality of the  commissioner certificate to Mr Jus chapel and proceed upon it this a entire  new question and quite a new case and therefore at the first open of it I have  a great doubt whether I can proper determine the legality of the commitment as  a habeas corpus may have be sue out and have be decide by the judge of the  commonlaw which be the ready way but I do remember a case of John ware before  Lord chancellor king not unlike the present where he determine a commitment by  commissioner of bankrupt to be justifiable after he have take some time to  consider of it I think therefore the certificate which have be make in this  case be pursuant to the power give to commissioner under the statute of  bankruptcy for by the old act which consider he as a criminal and fraudulent  person ante Bromley v goodere commissioner have full power and authority to  take by their discretion Q such order and direction with the body and body of  a bankrupt wheresoever he or she may be have either in his house sanctuary or  elsewhere as well by imprisonment of his or her body or body as also with all  his or her land c and also with his or her money good chattel ware merchandise  and debt whatsoever Elizabeth ch the rigour of the law indeed as to his person  be take away and yet the power of examine still remain but though the severity  of the old act be remove yet a atkins er p great punishment be inflict for a  bankrupt if he do not surrender it be now make felony without benefit of  clergy but then he have to the last day to conform himself to this and the  other act the Geo appoint three sit at guildhall in the space of fortytwo day  for particular purpose but will it not be a very great absurdity if the  bankrupt may make use of the fortytwo day to imbezil his effect and to quit  the kingdom and that the commissioner though apprise of his intention shall  have no power to prevent it by summon he before they in the intermediate time  and commit he if he refuse to be examine it have be object by the petitioner  counsel that the commissioner have make the certificate variant from the  summons for the latter be general for the bankrupt to attend and the  certificate mention the cause for which they summon he namely to examine he  upon a imbezilment of his effect but there be no weight in this objection for  the commissioner be not under any necessity of mention the cause of summon the  bankrupt in their certificate because the judge upon their bare certify that  he refuse to attend be oblige to commit he atkins as in this case the  commissioner have full evidence of the bankrupt intention to secret his effect  and to make fraudulent assignment of they they have do right wise and discreet  in the method they have take to prevent it by summon the bankrupt and commit  he for disobey their summons I do not say this to encourage commissioner of  bankrupt to use this power wanton but upon such circumstance as appear in the  present case I be of opinion it be very proper exercise and the proviso which  immediate follow the clause that relate to the certificate of the commissioner  of bankrupt to the judge c in the Geo make it extreme clear that the  commissioner at their discretion may examine a bankrupt in the intermediate  time between his be declare a bankrupt and the sit at guildhall for the word  be provide always that if any such person or person so appre hended and take  shall within the time or time allow b that this act for that purpose submit to  be examine and in all thing conform as if he she or they have surrender as by  this act such bankrupt or bankrupt be or be require that then such person so  submit and conform shall have and receive the benefit of this act to all  intent and purpose as if he she or they have voluntary come in and surrender  himself herself or themselves any thing herein contain to the contrary thereof  in any wise notwithstanding but though I have no doubt as to the construction  of this act of parliament yet I do not mean to preclude the bankrupt from his  habeas corpus which I shall leave he at full liberty to bring if he think  proper his lordship order that so much of the petition as pray that the  bankrupt may be discharge from his confinement and which controvert his be a  bankrupt be dismiss but the lime for the bankrupt surrender himself and  disclose and discover his estate and effect and finish his examination before  the commissioner he direct to be enlarge for the space of fortynine day to be  compute from the d day of may instant