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in trade, were, by that statute, declared to be void. Ex parte Meymot, 1 Atk. 196. See also p. 201 of the same book, where Lord Hardwicke said, that a commission of bankruptcy had been taken out against a peer, an Earl of Suffolk, for trading in wines; and though there might be some powers that the commissioners of bankrupts could not exercise against a peer, yet, notwithstanding this, he might be liable to a commission of bankruptcy, if he would trade. See also Highmore v. Molloy, 1 Atk. 206. where Lord Hardwicke said, that a public officer, as an exciseman, &c. made himself subject to the bankrupt law. A feme covert, sole trader, according to the custom of London, may bind herself by contracts made for the support of her trade, and consequently a commission of bankrupt may be taken out against her, with respect to her separate effects in traded.
By the second section of the statute 6 G. 4. c. 16. the following persons are deemed to be traders liable to become bankrupt : Bankers,
profession of a scrivener, Fullers,
All persons using the trade Persons insuring ships or of merchandize, by way of
their freight, or other mat- bargaining, exchange, barters, against perils of the tering, commission, con
signment, or otherwise, in Warehousemen,
gross, or by retail. Wharfingers,
All persons who, either for Packers,
themselves, or as agents or Builders, (3)
factors for others, seek Carpenters,
their living by buying and Shipwrights,
selling, or by buying and Victuallers,
letting for hire, or by the Keepers of inns, taverns, ho
workmanship of goods or tels, or coffee-houses. (4) commodities.
d Lavie v. Phillips, 3 Burr. 1776. 1 Bj. R. 570. See also Exp. Franks, 7 Bingh. 762.
(3) See Ex parte Neirincks, 2 Mont. & Ayr. 384; 1 Deac. 78.
(4) “The word hotel is not used in the sense of the old word hostel, for that means what is now termed an inn; and as the word inn precedes, it could scarcely have been intended to designate the
III. Of Persons not liable to be Bankrupts.
Member of, or subscriber to, Grazier,
any incorporated commerCommon labourer,
cial or trading companies, Workman for hire,
established by charter or Receiver-general of the taxes, act of parliament.
See the 2nd section of stat. 6 Geo. 4. c. 16.
IV. Of the several Acts of Bankruptcy.
By s. 3. If any such trader shall1. Depart this realm,
9 Procure himself to be ar2. Being out of this realm, rested, or his goods, moshall remain abroad,
ney, or chattels, to be at3. Depart from his dwelling tached, sequestered, or house,
taken in execution, 4. Otherwise absent himself, 10. Make or cause to be 5. Begin to keep his house, made, either within this 6. Suffer himself to be ar- realm, or elsewhere, any
rested for any debt not fraudulent grant, or condue,
veyance of any of his 7. Yield himself to prison, lands, tenements, goods, 8. Suffer himself to be out- or chattels, or
same thing by both. The modern word is introduced from the French, and rather implies a house to which people resort for lodging, than for the sort of entertainment which is to be procured only at an inn.”—Per Tindal, C. J.; Smith v. Scott, 9 Bingh. 17, in which case it was holden, that the keeper of a private lodging-house, who also sought a profit by furnishing her guests with provisions, although such provisions were set apart as the separate property of each guest, was liable to the bankrupt laws. R., a livery-stable keeper, bought provender, and sold it to his customers, and any who applied for it, as is done in all livery-stables ; it was holden, a sufficient trading. Cannan v. Denew, 10 Bingh. 292.
(5) See Carter v. Dean, 1 Swans. 64; Ex parte Lavender, 4 Deac. & Chit. 487; 2 Mont. & Ayr. 103.
11. Make, or cause to be 12. Make, or cause to be made, any
fraudulent sur- made, any fraudulent gift, render of any of his copy- delivery, or transfer of any hold lands, or tenements, of his goods or chattels,
With intent to defeat or delay his creditors.
By s. 4. a conveyance of all a trader's property by deed to a trustee, for the benefit of all the creditors, (where the trustee executes within 15 days after the trader, and both executions are attested by an attorney, and notice containing date and execution of deed and name and abode of trustee and attorney is published in Gazette and newspapers, as the act directs,) is not an act of bankruptcy, unless a commission issue, within six calendar months, from the execution thereof, by such trader. By s. 5. A trader having been arrested, or committed to prison for debt, or on any attachment for non-payment of money, and upon such arrest, &c. or upon any detention for debt, lying in prison for twenty-one days, or having been arrested, or committed to prison for any other cause, and lying in prison for twenty-one days after any detainer for debt lodged against him, and not discharged, or having been arrested, &c. shall escape out of custody, shall be deemed to have committed an act of bankruptcy, from the time of such arrest, commitment, or detention, provided that if any such trader shall be in prison at the time of the commencement of this act, he shall not be deemed to have committed an act of bankruptcy, by lying in prison, until he shall have lain in prison for the period of two months. By s. 6. If any such trader shall file in the office of the secretary of bankrupts, a declaration in writing, signed by such trader, and attested by an attorney, that he is insolvent or unable to meet his engagements, the secretary of bankrupts or his deputy, shall sign a memorandum that such declaration hath been filed, which memorandum shall be authority for the printer of the London Gazette, to insert an advertisement of such declaration, and every such declaration, after such advertisement, shall be an act of bankruptcy at the time when it was filed, but no commission shall issue thereupon, unless sued out within two calendar months next after the insertion of such advertisement, and unless such advertisement shall have been inserted in the Gazette within eight days after such declaration was filed. The docket is not to be struck before four days in London, or before eight days in the country, after the insertion of the advertisement, and the Gazette is evidence of the
declaration having been filed: and by s. 7. such declaration having been concerted or agreed upon between the bankrupt and any creditor, or other person, shall not invalidate the commission. By s. 8. If any such trader shall, after docket struck, pay to the person or persons who struck the same, or any of them, money, or give or deliver to any such person any satisfaction or security for his debt, or any part thereof, whereby such person may receive more in the pound than other creditors, such payment, gift, delivery, satisfaction, or security, shall be an act of bankruptcy; and if any commission shall have issued upon the docket so struck, the Lord Chancellor may either declare such commission to be valid, and direct the same to be proceeded in, or may order it to be superseded, and a new commission may issue, and such commission may be supported, either by proof of such last-mentioned or of any other act of bankruptcy; and every person so receiving such money, gift, delivery, satisfaction, or security as aforesaid, shall forfeit his whole debt, and also repay or deliver up such money, &c., or the full value thereof, to such persons as the commissioners shall appoint, for the benefit of the creditors. By s. 9. If any such trader having privilege of parliament, shall commit any of the aforesaid acts of bankruptcy, a commission of bankrupt may issue against him, but he shall not be subject to be arrested or imprisoned during the time of such privilege, except in cases hereby made felony. By s. 10. If a creditor of a trader, having privilege of parliament, to the amount required to support a commission, shall file an affidavit in any court of record at Westminster, that such debt is due to him, and that such debtor is such trader, and shall sue out of the same court a summons against such trader, and serve him with a copy, if such trader shall not, within one calendar month after personal service of such summons, pay, secure, or compound, or enter into a bond with two sufficient sureties to pay such sum as shall be recovered, with costs, and within one calendar month next after personal service of such summons cause an appearance to be entered to the action, every such trader shall be deemed to have committed an act of bankruptcy from the time of the service of such summons. By s. 11. A similar provision is made as to traders having privilege of parliament, who disobey the order of any court of equity, or in bankruptcy or lunacy, for the payment of money after service and peremptory day fixed.
1. Depart this realm.
Since the decision in Robertson v. Liddelle, in which the construction laid down in Fowler v. Padgetf was overruled, merely departing this realm, although it is not proved that any creditor was thereby defeated or delayed in the recovery of his debt, if such departure was with an intention so to defeat or delay them, will constitute an act of bankruptcy.
B. and C. having been partners in trade in London, under the firm of B. and C., upon a dissolution of this partnership, agreed that C. should from that time carry on trade in London on his sole account, and that B. should establish and conduct a house of trade in Dublin, under the form of B. and C., in the profits of which C. should equally participate: that all goods ordered by B. to be purchased by C. in England, and sent by him for the use of B. and C. to be sold in Dublin, should be charged by C. to the firm at prime cost only: It did not appear that the creditors in general were apprised of this alteration. B. having come over to London for the purpose of making some arrangements with his creditors, was informed, a few days before the time which he had fixed for a meeting with them, that J. S. was about to arrest him on the following day. J. S. had furnished to the order of C. goods which had been sent to B. and C. for sale, J. S. knowing, when he accepted the order, that they were destined for B. and C. and having credited them in his books. C. sent the goods to B. and C. without charging any profit on them. B. in consequence of the intimation, immediately returned to Dublin to avoid being arrested. During the whole of his residence in Dublin, he had continued to keep his former house in London ; his name was on the door, and his wife and family had continually resided in it. The court adjudged, that there was a debt due from B. to J. S.; because the goods were furnished on the joint account, and that B. had committed an act of bankruptcy, by departing the realm with an intent to delay a creditor. Williams v. Nunn, 1 Taunt. 270.
3. Depart from his Dwelling-house.
To constitute this an act of bankruptcy, the intention of the debtor to delay his creditor, by departing from his dwel
e 9 East, 487.
f 7 T. R. 509.