Ex parte Clarke

The petitioner having been duly adjudicated an insolvent debtor, his assignee in insolvency filed a petition charging him with having concealed, smuggled, conveyed away, and disposed of property which should have been turned over to said assignee for the benefit of his creditors, qpon which a citation was issued commanding him to appear before the superior court to be examined touching the matters alleged in the petition.

In obedience to the citation the petitioner came into *354 court and was sworn, but declined to answer the questions put to him, upon the ground that his answers might be made the foundation of a criminal action against him. Section 154 of the Penal Code reads as follows: “Every debtor who fraudulently removes his property or effects out of this state, or fraudulently sells, conveys, assigns, or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both.” It is evident that any answers the petitioner might have made tending to support the allegations of the petition upon which…