made and provided, and against the peace of our lord the king, his crown and dignity. (Third count.) And the jurors aforesaid upon their oath aforesaid do further present, that the said A. B. on the day and year aforesaid, at the parish aforesaid in the county aforesaid, did willingly, knowingly, and feloniously personate the said C. D., the executor of the said E. F. deceased as aforesaid, he the said E. F. being at the time of his decease there a seaman, and then and there supposed to be entitled to certain prize money for services done in his said majesty's navy, to wit, in and on board of the said ship and vessel of our said lord the king, called the ; in order then and there fraudulently to receive the said last-mentioned prize money then and there supposed to be due to the said C. D. as such executor as aforesaid, for and on account of the services of the said E. F. in his said majesty's navy as aforesaid against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity. (Fourth count.) And the jurors aforesaid upon their oath aforesaid do further present, that the said A. B. on the day and year aforesaid, at the parish aforesaid in the county aforesaid, did willingly, knowingly, falsely, and feloniously assume the name and character of the said C. D., the executor of the said E. F. as aforesaid, he the said E. F. being at the time of his decease there a seaman, and then and there supposed to be entitled to certain prize money for services done in his said majesty's navy, to wit, in and on board of the said ship and vessel of our said lord the king, called the ; in order,then and there fraudulently to receive the said last-mentioned prize money then and there supposed to be due to the said C. D. as such executor as aforesaid, for and on account of the services of the said E. F. in his said majesty's navy as aforesaid against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity. [See the note at the end of the last precedent.] Evidence. : To maintain this indictment, the prosecutor must prove: 1. That E. F. had been a seaman, and either was, or was supposed to be, entitled to prize money, as in the last case. 2. That he died, and that C. D. was his executor. The death is proved, by giving in evidence an examined copy of the register of his burial, with evidence of identity; or it may be proved by other means. The executorship is proved by producing the copy of the probate. 3. That the prisoner personated C. D., as in the last case. 4. The fraudulent intent to obtain the prize money by the personation, as in the last case. 6 GEO. IV. c. 16. An Act to amend the Laws relating to Bankrupts. surrendering ting to be ex CXII. And be it enacted, That if any person Bankrupt not against whom any commission has been issued, or and submit shall hereafter be issued, whereupon such person amined; hath been or shall be declared bankrupt, shall not, before three of the clock upon the forty-second day after notice thereof in writing, to be left at the usual place of abode of such person, or personal notice in case such person be then in prison, and notice given in the London Gazette of the issuing of the commission, and of the meeting of the commissioners, surrender himself to them, and sign or subscribe such surrender, and submit to be examined before them, from time to time, upon oath, or, being a Quaker, upon solemn affirmation; or if any such bankrupt, upon such or not making discovery of examination, shall not discover all his real or his estate and personal estate, and how, and to whom, upon what consideration, and when, he disposed of, assigned, or transferred any of such estate, and all books, papers, and writings, relating thereunto (except such part as shall have been really and bona fide before sold or disposed in the way of his trade, or laid out in the ordinary expense of his family); or if or not deliverany such bankrupt shall not, upon such examina- goods, books, tion, deliver up to the commissioners all such part 1 effects; ing up his &c.; of such estate, and all books, papers, and writings relating thereunto, as be in his possession, custody, or power, (except the necessary wearing apparel or concealing of himself, his wife, and children); or if any such to the value bankrupt shall remove, conceal, or embezzle any or embezzling of 101.; felony, transportation or imprisonment, &c. part of such estate, to the value of ten pounds or upwards, or any books of account, papers, or writings relating thereto, with intent to defraud his creditors: every such bankrupt shall be deemed guilty of felony, and be liable to be transported for life, or for such term, not less than seven years, as the court before which he shall be convicted shall adjudge, or shall be liable to be imprisoned only, or imprisoned and kept to hard labour, in any common gaol, penitentiary house, or house of correction, for any term not exceeding seven years. 1. Indictment for not Surrendering. BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that heretofore and before the committing of the offence hereinafter mentioned, to wit, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish of, in the county of Berks aforesaid, a fiat in bankruptcy was issued against Joseph Styles, late of the parish aforesaid, in the county aforesaid, grocer; and the said Joseph Styles was thereupon then and there declared bankrupt; of all which a notice in writing was then and there left at the usual place of abode of the said Joseph Styles, [or if he were a prisoner at the time, was then and there personally given to the said Joseph Styles, he the said Joseph Styles then being a prisoner in the gaol of ;”] and notice was also then and there given in the London Gazette of the issuing of the said fiat, and of the meetings of the commissioners under the same; and that the said Joseph Styles so being declared bankrupt, and the said notices being so given as aforesaid, he the said Joseph Styles feloniously did not, before three of the clock, upon the forty second day after the said notices were so left and given as aforesaid, surrender himself to the said commissioners, nor hath he as yet surrendered himself to the said commissioners, ["surrender himself to them, and sign or subscribe such surrender, and submit to be examined before them from time to time upon oath"]: against the form of the, statute in such case made and provided, and against the peace, of our lord the king, his crown and dignity..... Evidence. To maintain this indictment, the prosecutor must prove :1. The issuing of the fiat, by producing it inrolled. See stat. 6 Geo. 4. c. 16. s. 95, and 1 & 2 Wm. 4. c. 56. s. 16. It may be prudent also to be prepared with evidence of the trading, petitioning creditor's debt, and act of bankruptcy, although neither the indictment nor the statute seems to require it. The statute mentions a commission; but by stat. 1 & 2 Wm. 4. c. 56. s. 16. all statutes theretofore relating to commissions shall be deemed thereafter to relate in like manner to fiats. 2. That the prisoner was thereupon declared bankrupt; which is done by producing and proving the adjudication, also inrolled. See 6 Geo. 4. c. 16. s. 95. 3. The notice to the bankrupt, by producing a copy or duplicate, and proving the service of the original at his usual place of abode. Also the notice in the Gazette, by producing the Gazette containing it. 4. That he did not surrender himself to the said commissioners within the time limited for that purpose by the statute. Where a trader at the time he was made bankrupt was in prison, and did not surrender himself, Littledale, J. held that it was not a case within the meaning of the statute; the commissioners might have issued their warrant, and had him brought before them. Rex v. Mitchell, 4 Car. & P. 251. Where the bankrupt had surrendered, and had submitted to be sworn and examined, but refused to answer certain questions, alleging as his reason that he was not a bankrupt, and that he intended and was advised to dispute the commission : being indicted for not submitting to be examined, &c. under the old stat. 5 Geo. 2. c. 30. s. 1. which was very similar to this section, a majority of the judges held that as he had surrendered, and at the time submitted to the jurisdiction of the commissioners, his refusing afterwards to answer particular questions was not an offence within the statute. Rex v. Page, R. & R. 392. 2. Indictment for not discovering his Property, upon his examination. BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that heretofore and before the committing of the offence hereinafter mentioned, to wit, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish of ——, in the county of Berks aforesaid, a fiat in bankruptcy was issued against Joseph Styles, late of the parish aforesaid, in the county aforesaid, grocer, and the said Joseph Styles was thereupon then and there declared bankrupt; and afterwards and within the time limited by law in that behalf, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, the said Joseph Styles surrendered himself to the commissioners under the said fiat, and was then and there duly sworn, and then and there submitted to be examined before the said commissioners; and that he the said Joseph Styles then and there upon the said examination feloniously did not discover [a certain real estate, called, situate at —, of which he the said Joseph Styles was before then seised in his demesne, as of fee to him and his heirs for ever; or "certain personal estate, to wit, a certain bill of exchange for 1001 purporting to be drawn by A. B. upon and accepted by C. D. of which he the said Joseph Styles was before then possessed"]; and that the said Joseph Styles, upon the said examination, then and there feloniously did not discover how or to whom, upon what consideration, or when he disposed of, assigned, or transferred the said estate, the same not having been really and bona fide before then sold or disposed in the way of his trade, or laid out in the ordinary expense of his family; against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity. Evidence. To maintain this indictment, the prosecutor must prove:— 1. The fiat, as in the last case. 2. The examination, by producing and proving it. 3. That he had the real or personal property mentioned in the indictment, and which appears not to be mentioned in the balance sheet or examination, &c. ; and I think evidence should be given from which the jury may fairly imply that the omission to state it was wilful, that he has not disposed of the property for any valuable consideration before his |