burrow king versus John perrot bankrupt refuse to answer question to the  satisfaction of the commissioner respect his effect hold good cause of  commitment of the bankrupt to Newgate by they the defendant be bring up from  Newgate by habeas corpus appear upon the return to have be commit by  commissioner of bankruptcy to be safe keep and detain without bail or  mainprize until such time as he shall submit himself to the say commissioner  or the major part of they and full answer make to their satisfaction to the  question so put by they to he as aforesaid which question be specify in their  warrant to have be put to he by they in write upon the last day of his  examination after his have obtain fortysix day beyond the ordinary time and to  have be propound to he in the word videlicet as you do admit that you have  spend the last week previous to this your examination with Mr Maynard one of  your assignee to settle and adjust your account and to draw up a true state  thereof to enable you to close such your examination and do likewise admit  that upon such state thereof it appear that after give you credit for all sum  of money pay by you and make you debtor for all goodssold and deliver to you  from your first enter into trade to the time of your bankruptcy it appear that  there be a deficiency of the sum of give a true and particular account what be  become of the same and how and in what manner you have apply and dispose  thereof to which question so put by the commissioner as aforesaid the say John  Perrot do wilful and obstinate refuse to give any other than the follow  general answer that be to say that on good sell this last year I have lose  upward of and by mourning I have lose upward of and that for nine or ten year  I have and I be sorry to say it be extreme extravagant and spend large sum of  money John Perrot which answer of the say John Perrot not be satisfactory to  we the say commissionersthese be therefore to will require and authorize you  immediate upon receipt hereof to arrest c and he safe to convey c and to  deliver c safe to keep and detain without bail or mainprize until such time as  he shall submit himself to we the say commissioner or to the major part of the  say commissioner by the say commission name and authorize and full answer make  to our or their satisfaction to the question so put to he by we as aforesaid  two reason be argue on the part of the defendant why he ought to be discharge  from this imprisonment first that the answer which he have already give be a  full sufficient and satisfactory answer and the best and only one that can be  give by a idle extravagant man who burrow have never keep any account and  consequent that the imprison he until he shall give a more full and  satisfactory answer to the question be a imprisonment for life the second  reason be that the power and jurisdiction of the commissioner to take the  bankrupt examination and disclosure be temporary and limit and confine to the  time allow to the bankrupt to come in and surrender himself and submit to be  examine after which limit time the commissioner have no power to examine he at  all consequent they have no jurisdiction to commit he for any long time than  their own power to examine he last which do not exceed the time allow he to  come in and surrender himself and submit to be examine and his counsel compare  it to a commitment by the house of Commons which end with their session in  support of these objection they rely upon the construction of the bankrupt act  and particular of g c on the other side it be insistedLst that the bankrupt  answer be nugatory and insufficient and dly that the power and jurisdiction of  the commissioner to examine the bankrupt and obtain a disclosure and discovery  of his estate and effect and the manner in which he have dispose of they be  not limit and confine to the last minute allow he for his surrender and  submission but may be pursue and proceed upon at any subsequent time and for  this they rely on the end and intention and genuine construction of all the  BankruptActs and particular of I c and g c Lord MansfieldIf the question put  be improper or if the question be proper burrow er p and the answer  satisfactory the man ought to be discharge but this be a proper question and  the answer be very insufficient and unsatisfactory the construction offer by  the counsel who object to this commitment be find upon mere arbitrary  implication the legislature say no such thing on the contrary the g c give  power to the commissioner to commit the bankrupt until he shall submit himself  and full answer make to their satisfaction and section that give power to the  court or judge to recommit he to the same prison there to remain as aforesaid  until he shall confirm as aforesaid the examination be not confine to be  within the time limit for the bankrupt to come in and surrender and submit to  be examine burrow the bankrupt must indeed surrender within the limit time and  he must submit within the limit time to be examine from time to time and he  must upon his examination disclose and discover and deliver up his estate and  effect but the Act do not require the examination to be full and perfect and  complete within the limit time nor be it proper that it shall be so a man  memory may fail he at one time and be refresh at another or his first answer  may be equivocal or imperfect and why shall he not be call upon to explain and  complete it the power of the commission over be general and not limit to the  compass of time give to the bankrupt to come in the last examination within  the limit time be material indeed to the bankrupt himself because he can not  afterward contradict himself but he may be compel by the commissioner to make  further answer after that time the bankrupt may omit to come in till the very  last minute of his time and if he then surrender and submit to be examine this  will save his felony but it may be absolute impossible for he to make a full  discovery and disclosure of his estate and effect or to give full answer to  proper question within this space of time but here the commissioner have  within the limit time require a further answer to their question and commit he  for refuse to give it this commitment be legal at the time when it be make and  I be clear satisfy that he can not redeem himself from his imprisonment but on  give a full answer to the question if he shall give a full answer and the  commissioner not be satisfy with it he will then be entitle to his proper  remedy the objection have be strong argue but there be no case to support it  it be a new invention and will entire defeat the end and intention of the  bankrupt act the three judge be all equal clear that the man ought to be  remand Mr just foster add that the power under the statute of James c continue  still in force notwithstanding the subsequent statute and that none of they  preclude a further examination Mr just Wilmot also concur in this and say that  all the BankruptActs ought to be take together so as to answer the great  general end and intention of the legislature the clause operate together and  be auxiliary to burrow each other and they certain give a power of further  examination there be vast number of question that may be ask under the  examination more than can be under the mere surrender and submission that may  require further time or even arise afterward the submission alone be not  enough he must submit to be examine from time to time and he ought not to be  discharge till he have full answer his present answer be most clear deficient  per cur unanimous the defendant be remand V post pa Monday that June