[ 476 ] Book II. extenfive remedies against his debtors, which are put into his hands by the prerogative. By the fame ftatute P, no per fon fhall have a commiffion of bankrupt awarded against him, unless at the petition of fome one creditor, to whom he owes 100/; or of two, to whom he is indebted 150/; or of more, to whom all together he is indebted 200%. For the law does not look upon perfons, whose debts amount to less, to be traders confiderable enough, either to enjoy the benefit of the ftatute themselves, or to entitle the creditors, for the benefit of public commerce, to demand the diftribution of their effects. In the interpretation of these several statutes, it hath been held, that buying only, or felling only, will not qualify a man to be a bankrupt; but it must be both buying and fell ing, and also getting a livelyhood by it. As, by exercifing the calling of a merchant, a grocer, a mercer, or in one general word, a chapman, who is one that buys and fells any thing. But no handicraft occupation (where nothing is bought and fold, and where therefore an extenfive credit, for the ftock in trade, is not neceffary to be had) will make a man a regular bankrupt; as that of a husbandman, a gardener, and the like, who are paid for their work and labour 1. Alfo an inn-keeper cannot, as such, be a bankruptr(5): for his gain or livelyhood does not arise from buying and felling in the way of merchandize, but greatly from the ufe of his rooms and furniture, his attendance and the like: and though he may buy corn and victuals, to fell again at a profit, yet that no more makes him a trader, than a schoolmaster or other perfon is, that keeps a boarding house, and makes confiderable gains r Cro. Car. 549. Skinn. 291. P § 23. 9 Cro. Car. 31. (5) An inn-keeper may be a bankrupt, if he fell liquor out of his house to all perfons who fend for it, however inconfiderable the quantity, or small his profit. T. R. 517. And by this species of dealing, it is probable that all inn-keepers are now traders, and liable to be made bankrupts, by by buying and felling what he spends in the house; and such a one is clearly not within the statutes'. But where perfons buy goods, and make them up into faleable commodities, as fhoe-makers, fmiths, and the like; here, though part of the gain is by bodily labour, and not by buying and selling, yet they are within the statutes of bankruptst: for the labour is only in melioration of the commodity, and rendering it more fit for fale, ONE fingle act of buying and felling will not make a man a trader; but a repeated practice, and profit by it. Buying and felling bank-stock, or other government securities, will not make a man a bankrupt; they not being goods, wares, or merchandize, within the intent of the statute, by which a profit may be fairly made". Neither will buying and felling under particular restraints, or for particular purposes; as if a commiffioner of the navy uses to buy victuals for the fleet, [477] and dispose of the furplus and refufe, he is not thereby made a trader within the ftatutes. An infant, though a trader, cannot be made a bankrupt: for an infant can owe nothing but for neceffaries; and the statutes of bankruptcy create no new debts, but only give a speedier and more effectual remedy for recovering fuch as were before due: and no perfon. can be made a brankrupt før debts, which he is not liable at law to pay. But a feme covert in London, being a fole trader according to the cuftom, is liable to a commiffion of bankrupt y (6). • Skinn. 292. 3 Mod. 330, t Cro. Car. 31. Skinn, 292, u 2 P. Wms. 308. W 1 Salk. $10. Skinn. 292. x Lord Raym. 443. ¥ La Vie v. Philips, M. 6 Geo. III. B. R. (6) But if a fingle woman carries on a trade and commits an act of bankruptcy, fhe cannot after marriage be made a bankrupt. Cooke, 40. Where a married woman lives apart from her husband, under articles of feparation, with a feparate maintenance, as the is competent to contract, and liable to be fued and taken in execution for her debts as a feme fole, if she becomes a trader, it is reasonable and 003 2. HAVING thus confidered, who may, and who may not be made a bankrupt, we are to inquire, fecondly, by what acts a man may become a bankrupt. A bankrupt is a "trader, who fecretes himself, or does certain other acts, "tending to defraud his creditors." We have hitherto been employed in explaining the former part of this description, "a trader;" let us now attend to the latter, "who fecretes "himself, or does certain other acts tending to defraud his "creditors." And, in general, whenever fuch a trader, as is before described, hath endeavoured to avoid his creditors, or evade their juft demands, this hath been declared by the legislature to be an act of bankruptcy, upon which a commiffion may be fued out. For in this extrajudicial method of proceeding, which is allowed merely for the benefit of commerce, the law is extremely watchful to detect a man, whose circumstances are declining, in the first instance, or at least as early as poffible: that the creditors may receive as large a proportion of their debts as may be; and that a man may not go on wantonly wafting his fubftance, and then claim the benefit of the statutes, when he has nothing left to diftribute. To learn what the particular acts of bankruptcy are, which render a man a bankrupt, we must confult the feveral ftatutes, and the refolutions formed by the courts thereon. [ 478] Among thefe may therefore be reckoned, 1. Departing from the realm, whereby a man withdraws himself from the jurif diction and coercion of the law, with intent to defraud his creditors (7). 2. Departing from his own house, with intent Stat. 13 Eliz. c. 7. and agreeable to principles, that she should be subject to the bankrapt laws.. Cooke, 30. 3d Ed, (7) It feems to be determined, that if a trader departs the realm, whatever may be his reason for it, and if in his absence any of his creditors are denied payment of their debts, it is an act of bankruptcy. Cooke, 92. This, to fay no more of it, is a harsh conftruction: if then a merchant is under the neceffity of going abroad, he must be very careful to arrange his affairs in fuch a manner, that الله to fecrete himself, and avoid his creditors. 3. Keeping in his own house, privately, so as not to be seen or spoken with by his creditors, except for just and neceffary cause ; which is likewife conftrued to be an intention to defraud his creditors, by avoiding the procefs of the law (8). 4.Procuring or fuffering himself willingly to be arrested, or outlawed, or imprisoned, without juft and lawful caufe; which is likewife deemed an attempt to defraud his creditors c. 5. Procuring his money, goods, chattels, and effects to be attached or fequestered by any legal process; which is another plain and direct endeavour to disappoint his creditors of their fecurity" (9). 6. Making any fraudulent conveyance to a friend, or a Stat. 1 Jac. I. c. 15. c Stat. 1 Jac. I. c. 15. all the demands of his creditors during his abfence may be inftantly fatisfied. (8) A denial that the trader is at home, when in fact he is, by his order or approbation, to a creditor or his fervant, who comes to demand payment of a debt, is primâ facie, and is gnerally admitted, evidence of this act of bankruptcy; yet if the denial were made not to delay payment, but for fome other cause, as sickness, company, business, or the unfeasonableness of the hour, it does not amount to an act of bankruptcy. All the acts of bankruptcy being voluntary acts in the bankrupt, except lying in prison for two months, or neglecting to make fatisfaction within the fame time after service of legal procefs, where the trader has privilege of parliament, which acts of bankruptcy may be compulfory and unavoidable; the confequence is, that most bankruptcies are previously concerted by the trader and some of his creditors: yet it is held, if any creditor, who has concerted the bankruptcy with the trader, comes or fends for payment, and a denial is made, this is not an act of bankruptcy; for the trader cannot be faid to keep houfe to delay a creditor, who sends not for payment, but for refufal of payment. But if any other creditor, who is not privy to this agreement and defign, fends for payment, and a denial is made, this is a complete act of bankruptcy. Cooke, 93. (9) A fraudulent judgment and execution, though void against creditors, do not conftitute an act of bankruptcy; the words in the 004 ftatute BOOK II. fecret trustee, of his lands, tenements, goods, or chattels; which is an act of the fame fufpicious nature with the last* (10). 7. Procuring any protection, not being himself privileged by parliament, in order to screen his perfon from arrefts; which alfo is an endeavour to elude the justice of the law. 8. Endeavouring or defiring, by any petition to the king, or bill exhibited in any of the king's courts against any creditors, to compel them to take less than their juft debts; or to procraftinate the time of payment, originally contracted for; which are an acknowlegement of either his poverty or his knavery 8. 9. Lying in prifon for two months, or more, upon arrest or other detention for debt, without finding bail, in order to obtain his liberty' (11). For the inability to procure bail, arg Stat. 21 Jac. I. c. 19. hIbid. e Stat. 1 Jac. I. c. 15. ftatute 1 Jac. I. c. 15. fignify the peculiar manner of carrying on fuits in London and fome other places. Corp. 427. (10) A fraudulent conveyance or fale of goods by a trader, is not an act of bankruptcy, unless it is by deed. 4 Burr. 2478. A grant or affignment of all a trader's property is an act of bankruptcy. Doug. 282. And even an affignment by a trader of all his property in truft for his creditors, is an act of bankruptcy; unless they all concur, being contrary to the policy of the bankrupt laws. But the creditors who are parties, or affenting to fuch an affignment, cannot avail themselves of it, and establish it as an act of bankruptcy. Cooke, 108. 2 T. R.594. A conveyance by deed of part of the effects, if made in contemplation of bankruptcy, is also an act of bankruptcy. Doug. 86. But where there is a conveyance without deed, or a payment of money, or any preference is given, although to a bona fide and meritorious creditor, upon the eve and expectation of bankruptcy, this is a fraud against the bankrupt laws, and may after bankruptcy be avoided by the affignees, for the benefit of the creditors in general. Cowp. 127. 629. Yet if fuch a preference to a particular creditor he not given voJuntarily, but from an apprehenfion of legal procefs, it is not fraudulent, and cannot afterwards be vacated. 1 T. R. 155. (11) In this cafe, the act of bankruptcy relates back to the day upon which the arreft is made. 2 7. R. 143. And the legal con fequences |