6Sj 
i Vent. 29. Comb. 182- 
BANK 
Who may, or may not, be BANKRUPTS. 
Alehoufe-keepers, not. Cooke 53. Cro.Car. 395. 
Alum manufacturers, nal. Cooke, 34, 46. 
Artificers, labourers, &c. not. Cro.Car. 21, Cro. Jac. 585. 
3 AW. 330. zWilf. 171. 2 Comm. 476. yBurr. 2148. 
Bankers, w;ay. Stat. 5 Geo. II. c. 30. 
Bakers, may. 
Brewers, maj. 
Brokers, way. Stat. 5 Geo. II. c. 30. 
Brick-makers, may. zWilf 112. Brown C/i. Ca. 17 3. Par¬ 
ker v. Wells, 1 Brown 494. 1 Term. Rep. 34. Cooke's B. L. 
c- 3 . 
In this cafe and that of alum-manufailurers, though 
they feem to differ, the fame principle is recognifed, viz. 
“ If a man exercifes a manufacture upon the produce of 
his own land, as a necedary or ufual mode of reaping and 
enjoying that produce, and bringing it advantageoudy to 
marker, lie (hall not be confidered as a trader, though he 
buys materials or ingredients ; as in the cafe of cheefe, cy¬ 
der, alum and coal mines, and the like. But where the 
produce of land is merely the raw materials of a manufac¬ 
ture, and tiled as fuch, and not as the mode of railing the 
produce of the land; in lhort, where the produce ot the 
land is an infignificant article, compared with the expence 
of the whole manufacture, there in truth he is, and ought 
to be confidered as, a trader. As this diflinCtion turns on 
the nature and manner of exerciling the manufacture, and 
the motive with which it is carried on, it depends fo much 
upon the light in which a jury fees the whole tranfaCtion, 
the law and the faCt are fo blended together, that it is 
hardly poflible to diftinguifli them.” 
Butchers, may. yBurr. 2148. 
Carpenters, not merely workmen, but buying timber and 
materials to carry on trade, may. 3 Mod. 155. Raym.yyi. 
Clergymen trading, may. Cowp. 745. 
Clothiers, may. 
Coal-dealers, may ; but not owners or leffees of coal¬ 
mines. 2 Wilf. 169, 170. 
Companies or corporations, proprietors of (hares in, gene¬ 
rally, not ; except perhaps in the ftationers’company. 2 
Ld.Raym. 851. And, by (latute, “no member of the 
bank of England; of the Eaft-lndia or Englifh linen 
company; no perfon circulating exchequer-bills; no 
adventurer in the royal fi(l'.ing-trade, or Guinea compa¬ 
ny; no member of the London aflurance, Royal Ex¬ 
change, or South-Sea, companies; (hall be deemed a 
bankrupt, on account of their (lock in thofe companies.” 
a Geo. I. c. 3. 13 & 14Car. II. c. 24. 4 Geo. III. c. 37. 
6 Geo. I. c. 18. 8 Geo. I. c. 21. 
Contractors, public, and fuch other public officers, not. 
3 Keb. 451. Butlers and (lewards of inns of courts, far¬ 
mers of cuftoms, receivers-general, excifemen, &c. not, 
all on the fame principle. 
Drovers of cattle, not. 5 Geo. II. c. 30. 
Dyers, may. 
Failors, may. 5 Geo. III. c. 30.. 
Farmer, not. Cooke, 21. But as a potatoe-merchant he 
may, 5 73- 
Funds or (lock, dealers in, not. 2 P. Wms. 308. 
Goldfmiths, may. 
Graziers, not. 5 Geo. II. c. 30. 
Innkeepers, not. 3 Mod. 329. Cro.Car. 2 95. 
Iron-manufailurers, may. 
Labourers, not. 
Land-jobber, not. 2 Wilf. 169. 
Members of parliament, may. 4Geo, III. c.33. 
Milliners, may. 
Nailors, may. 
Pawnbrokers, may. \ Aik. 20 6, 218. 
Plumbers, may. 
Receiver-general of taxes, not. 5 Geo. II. c-. 30. 
Saiefmen, may. Good. 12. 
Jkriyeners, may. 21 Jac. I. c. 19. 
3 
R U P T. 
Ship-owner, not ; freighter, may. 
1 Sid. 411. 
Shoemaker, may. 2 Wilf. 171. 
Smugglers, may. 1 Aik. 200. 
Stock-jobbers, not. 
Tanners, may. 
Taylors, working, not. Cooke, 45. 
Victuallers, not. 4 Burr. 2067. 2 Wilf. 382. 
Vintners, being wine-merchants, may. Cooke, 37. 
The above alphabetical lift is probably not fo perfeil or 
extendve as it might have been made; but the general 
principles hereby laid down will ferve to determine in moil 
other cafes. 
ACTS of BANKRUPTCY, 
Whereby any trader becomes liable to have a docket 
ftrnck againft him, and a coramidion of bankrupt taken 
out, viz. 1. To depart the realm, or from his dvvelling- 
houfe,- with intent to defraud or hinder his creditors. 2. 
To begin to keep his houfe privately, to abfent himfelf 
from and avoid his creditors. 3. To procure or fuller 
himfelf .willingly to be arrefted, without juft or lawful 
caufe ; to fuffer himfelf to be outlawed; or to yield him¬ 
felf to prifon. 13EHZ. c. 7. ijac.l.c. 15. 4. Willingly 
or fraudulently to procure his goods, money, or chattels, to 
be attached or fequeftered. 5. To make any fraudulent 
grant or conveyance of his lands, tenements, goods, or 
chattels, to the intent or whereby his creditors (hall and 
may be defeated or delayed from the recovery of their juft 
debts. 6. Being arrefted for debt, to lie in prifon two 
months after his arreft, upon that or any other arreft, or 
detention for debt. 21 Jac. I. c. 19. 7. To obtain privi¬ 
lege, other than that of parliament, againft arreft, 8. Be¬ 
ing arrefted for 100I. or more, to efcape out of prifon. 9.. 
To prefer to any court, any petition or bill againft any. of 
the creditors, thereby endeavouring to enforce them to 
accept lefs than their juft debts, or to procure time, or 
longer days of payment, than was given at the time of 
their original contrails, so. For a bankrupt to pay, fa- 
tisfy, or fecure, the petitioning creditor his debt, is an act 
of bankruptcy which (hall fuperlede that commidion, and 
be diffident on which to ground another: and fuch peti¬ 
tioning creditor fhall lofe his debt, to be divided among 
the other creditors. 3 Geo. II. c. 30. 11. Neglecting to 
make fatisfaflion for any juft debt, to the amount of 100I. 
within two months after fervice of legal procefs, for fuch 
debt, upon any trader, having privilege of parliament, is 
an act of bankruptcy. 4Geo. III. c. 33. 
The legislature having thus, by pofitive laws, declared 
what ails fhall be confidered as criterions of infolvency or 
fraud, whereon to ground a commiffion ; none other can 
be admitted by inference or analogy. Therefore it is not 
an ait of bankruptcy for a trader fecretly to convey his 
goods out of his houfe, and conceal them, to prevent their 
being taken in execution, nor to give money for notice 
when a writ ftiould come into the (heriff’s office. 1 Ld. 
Raym.yze,. Bu/l.N.P. 40. So, if a trader procure his 
goods fraudulently to be taken in execution, or makes a 
fraudulent fale of them, it is not an ail of bankruptcy, tho’ 
void againft creditors. 4Barr. 2478. Cowp. 429. Many- 
of the ails of bankruptcy above deferibed are in them.- 
felves equivocal, and capable of being explained by cir- 
cumftances; for, to bring them within the purview and 
meaning of the (latute, it is abfolutely necedary they (ho 11 Id 
be done to defraud and delay creditors from recovering 
their juft debts. The better to obtain a clear and coin- 
prehenlive view of the decifions on this part of the i'ub- 
jeit, each ail of bankruptcy on which any queftion ap¬ 
pears to have been raifed, fhall be confidered leparately; 
premifing that the ftatutes of bankrupts are local, and do 
not extend to ails done in foreign countries, or other do¬ 
minions of Great Britain. Cowp. 1 398. 
Departing the realm , will not be an ail of bankruptcy 
unlels done with a view of defrauding or delaying credi¬ 
tors,; 
