impediment, the proof whereof lies on the bankrupt) to the Court of Bankruptcy before three o'clock P.M. of the day limited for his surrender, or at the hour, and upon the day, allowed him for finishing his examination, after notice served upon him in the manner prescribed; and for this offence he is liable to penal servitude for life, or imprisonment, in the discretion of the Court. This may seem a severe measure of justice, but it really is not so, when we reflect upon the immense mischief which may accrue to the creditors of a bankrupt who may abscond, and thus avoid an examination as to his property, effects, &c. At such examinations disclosures may be made, or information elicited, of the greatest importance, through which large assets may be realised, the existence of which was hitherto unknown and unsuspected.

The second offence, attended with a like punishment, is declared in these words: "If any such bankrupt, upon such examination, shall not discover all his real 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 thereto, except such part as shall have been really and bonâ fide before sold and disposed of in the way of his trade, or laid out in the ordinary expenses of his family ;)" he shall be deemed guilty, &c.

The third offence consists of a non-delivery to the Court by the bankrupt on such examination of all such part of his estate, and all books, papers, and writings relating thereunto, as shall be in his possession, custody, or power (except the necessary wearing

apparel of himself, his wife, and children), and is punishable in like manner as the two preceding offences.

The fourth offence is defined thus: "If any such bankrupt shall remove, conceal, or embezzle any 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 punishable by penal servitude for life or imprisonment. Upon general principle, the acts mentioned in the above section must be wilful, and, as we have seen by the very words of the last paragraph, the removal or concealment of property must be with intent to defraud the creditors. It was once thought that a concealment or removal such as is indicated by the statute, if made before the last examination, might be purged by a disclosure at the last examination; but that notion is no longer sustainable if the bankrupt at any time after being duly adjudicated to be such shall remove or conceal property with intent to defraud, he is guilty of a felony, notwithstanding he may make a clean breast, as it is called, of the whole matter, at the last examination.*

:

The two hundred and fifty-second section makes it a misdemeanor for the bankrupt either in contemplation of bankruptcy, or after an act of bankruptcy committed, or with intent to defeat the object of the law relating to bankrupts, "to destroy, alter, mutilate, or falsify any of his books, papers, writings, or securities; or make, or be privy to the making of, *Courtivron v. Meunier, 6 Exch. R., 74.

any false or fraudulent entry in any book of account, or other document, with intent to defraud his creditors," and affixes to this offence the punishment of imprisonment for a period not exceeding three years.

Every commercial man will feel that the next section is entitled to most grave consideration. It is very comprehensive in its terms, and should serve as a solemn caution to those whose utter insolvency is well known to themselves, though, perhaps, not even suspected by others, not to go on trading "hoping against hope" for the mere purpose of keeping up appearances and deferring the evil day. Whatever may be said to the contrary, or in extenuation of this conduct, such a course is regarded, very properly, as pursued with no other intent than to defraud the owner of his property-how can it be said to be otherwise when it is, as those whose duty is to investigate these matters well know, the case every day, that men in trade, living luxuriously, to their own knowledge hopelessly insolvent, "under the false color and pretence of carrying on business," buy goods on credit at twenty shillings, send them to an auction-room, and sell them for twelve! The section (253) is in these words: -" If any bankrupt shall, within three months next preceding the date of the fiat, or the filing of the petition for adjudication of bankruptcy, under the false color and pretence of carrying on business and dealing in the ordinary course of trade, obtain on credit from any other person any goods or chattels with intent to defraud the owner thereof, or if any such bankrupt shall, within such time and with such

intent, remove, conceal, or dispose of any goods or chattels so obtained, knowing them to have been so obtained, every such bankrupt shall be deemed guilty of a misdemeanor, and on conviction be liable to imprisonment for a term not exceeding two years, with or without hard labour," &c.

By the 254th section, provision is made for the examination, upon affirmation, of bankrupts and their wives, and for their punishment, in like manner as if convicted of perjury, in the event of either giving false evidence.*

I have now laid before you the material portions of the Act which affect the criminal conduct of bankrupts, with such general information and remarks as I have deemed necessary to convey to you a tolerably accurate notion as to what, in a legal sense, is meant by the phrase "Fraudulent Bankruptcy." With the application of the statute to particular facts, the proofs necessary to sustain convictions for any of the offences enumerated, and the technicalities of the subject, I do not trouble you, inasmuch as these are points with which you would not be interested.

*Sec. 254. "Any bankrupt, or bankrupt's wife, who shall, upon any examination upon affirmation, or after making and signing the declaration authorised or directed by this or any other Act relating to bankrupts, and any person who shall upon any examination upon oath or affirmation, or in any affidavit or deposition or solemn affirmation, so authorised or directed, or in any affidavit or deposition, or solemn affirmation, wilfully or corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury."

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CHAPTER VIII.

OF RECEIVING PROPERTY KNOWING IT ΤΟ HAVE BEEN STOLEN OR OBTAINED BY FRAUD.

THIS subject will receive but very slight notice, inasmuch as no information which I could impart can serve to enable you to prevent a person who has stolen, or obtained from you by fraudulent artifice, your property, disposing of it as he may think fit. At the same time it is right you should have a correct notion of the law in reference to this offence, which in the popular mind is often erroneously blended with that of actual theft: the dif ference between the two being, that a man cannot be said to be a receiver unless the property be transferred wholly to his possession, and be wholly out of the possession of the thief. I mention this rather as a matter of general information appertaining more to the science, so to speak, of the law, than as likely to be of any practical utility to you. The law, as it is at this moment, is contained in the 7 & 8 Geo. IV. c. 29, and is in these words:" If any person shall receive any chattel, money, or valuable security, or other property whatsoever, the stealing or taking whereof shall amount to a felony, either at common law, or by virtue of this Act, such person knowing the same to have been feloniously stolen or taken, every such receiver shall be guilty of