63 4 BANK 
tors; but, if it did appear that they are in faff delayed by 
fuch abfence, it will be the fame as if the original depar¬ 
ture was fraudulent. Bull. N. P. 39. 1 Atk. 196,240. Cooke's 
B. L. Vernon v. Hankey. 
Beginning to keep-houfe, or otherwife to abfent kimfelf. De¬ 
nial to a creditor is prirnd facie evidence of this aft of 
bankruptcy. But, as the Itatute requires it to be with an 
intent to delay or defraud creditors, the mere denial is there¬ 
fore capable of being explained by circumltances, fuch as 
ficknefs, company, bufinefs, or even the latenefs of the 
hour at which the creditor calls. Neither will an order by 
the debtor to his fervant to deny him be fufficient. For, 
where a trader gave orders to his fervant to deny him to 
creditors on the 26th of May, but was not actually denied 
to a creditor till the 28th, the court held the aftual de¬ 
nial, and not the order, conftituted the aft of bankruptcy. 
Bull. N. P. 39. 1 Aik. 201. Cooke cites Hawkes v. Sanders, 
T. 24Geo.HI. Keeping in another man’s houfe or cham¬ 
ber, having no houfe of his own, or on Ihip-board, is an 
act of bankruptcy; fo a miller keeping his mill. Any 
keeping houfe for the purpofe of delaying a creditor, even 
for a very fhort time, will be an aft of bankruptcy ; not- 
withftanding the party afterwards goes abroad and appears 
in public. 2 Stra. 809. 2 Term Rep. 59. A general denial 
will not be fufficient, but it mult be a denial to a creditor 
who has a debt at that time due; for, if he is only a cre¬ 
ditor by a note payable at a future day, a denial to him 
will be no aft of bankruptcy. 7 Tin. 6. pi. 14. It fre¬ 
quently happens that traders in declining circumltances call 
their creditors together to infpeft their affairs; and de¬ 
termine whether a commiffion (hall iffue againlt them or 
«ot; and, if thought advifeable, it is ufual for the trader 
to deny himfelf to a creditor, for the purpofe of making 
an aft of bankruptcy. However it feems doubtful how 
far fuch concerted denial will be an aft of bankruptcy to 
iiffeft the interelt of third perfons. 1 Black. Rep. 441. Bull 
N. P. 39. 
Departing from his dwelling-houfe, may become an aft of 
bankruptcy or not, according to the motive by which the 
party is impelled; if it be done with a view of defraud¬ 
ing his creditors, or even delaying them, and his abfence 
be but for a fingle day, it will be an aft of bankruptcy ; 
and his very abfenting himfelf is fufficient prirnd facie evi¬ 
dence of an intention to defraud or delay his creditors; 
but it mult be a voluntary abfenting, and not by means of 
&n arrelt. 1 Salk. no. 1 Burr. 484. 2 Stra. 809. Green 53. 
Suffering himfelf to be outlawed. An outlawry in Ireland 
does not make one a bankrupt; but in the county palatine 
of Durham it does. Howeveran outlawry does not ap¬ 
pear to be an aft of bankruptcy, unlefs it be buffered with 
intent to defraud creditors. Stone 124. Billing. 94. Good. 23. 
Yielding himfelf to prifon, is to be intended of a voluntary 
yielding for debt; and, if a perfon capable of paying 
will notwithflanding, from fraudulent motives, volunta¬ 
rily go to prifon, it is an aft of bankruptcy. 
Willingly of ft audulently procuring his goods to be attached 
»r fequejfered, which is a plain and direftendeavourtodif- 
appoint his creditors of their fecurity. 2 Comm. 478. The 
attachment here meant, and which the legiflature had in 
view, is that fort of attachment only by which fuits are 
commenced ; as in London and other places where that 
i'pecies of procefs is ufed. Cowp. 427. 
Making any fraudulent conveyance of his lands or goods. A 
fraudulent grant, to come within the meaning of the 11a- 
tute, mult be by deed ; therefore a fraudulent fale of goods, 
not by deed, is no aft of bankruptcy in itfelf; but, being 
a fcheme concerted at the eve of bankruptcy, to cheat in¬ 
nocent perfons, in order to fecure particular creditors, is 
fuch a fraud as lhall render the fale void. 4 Burr. 2478. 
A grant or conveyance fraudulent within flat. i3Eliz. c.5, 
or 27 Eliz. c. 4, is an aft of bankruptcy. A trader be¬ 
fore he becomes a bankrupt may prefer one creditor to 
another ; and may pay him his debt; or may make him a 
mortgage, with poffeffion delivered, or may afiign part of 
kis effefts; but a preference of one creditor to the reft, by 
R U P T. 
conveying by deed all his effefts to him, is'a fraud upon 
the whole bankrupt law, and an aft of bankruptcy. 1 
Burr. 467. Whether a tranfaftion be fair or fraudulent, 
is often a queltion of law ; it is the judgment of law upon 
facts and intents; but tranlaftions valid as between the 
parties may be fraudulent by reafon of covin, collufion, 
or confederacy, to injure third perfons. 2 Burr. 827. Nor 
will the cafe be different, if the affignment is made to in¬ 
demnify a furety ; for the inconvenience and mifehief ari- 
fing from an undue preference is the fame. Cooke's B.L. 78. 
Doug/. 282. An equal diltribution among creditors who 
equally give a general perfonal credit to the bankrupt, is 
provided for ever fince by feat. 21 Jac. I. c. 19 ; therefore, 
when a bankrupt, by deed, conveys all his effefts to truftees 
to pay all but one creditor, it is fraudulent, and an aft of 
bankruptcy. Tho’ a conveyance by deed of all abankrupf's 
effefts, or fo much of his flock in trade, as to difable him 
from being a trader, (or all his houfehold goods,) is itfelf an 
aft of bankruptcy, a conveyance of part is very different; 
that may be public, fair, and honeft. As a trader may 
fell, fo may he openly transfer many kinds of property by 
way of fecurity. What affignment of part will or will 
not be fraudulent, muft depend on the particular circum- 
ftances of the cafe; but a colourable exception of a fmall 
part of his eflate or effefts, will not prevent the deed be¬ 
ing declared fraudulent; for the knv will never fuffer an eva- 
lion to prevail to take a cafe out of the general rule, which is 
foeffential tojuftice. 1 Black.Rep. 144. 2 Bl.Rep. 362, 996. 
1 Burr. 477. An affignment by deed of part of a trader’s 
effefts, will be good, if made bond fde, and poffeffion de¬ 
livered ; and indeed the not delivering poffeffion being on¬ 
ly evidence of fraud, may be explained by circumltances. 
But an affignment even only of part of a trader’s effefts, 
to a fair creditor, will, if done in contemplation of bank¬ 
ruptcy itfelf, become the very aft. 3 Wiff 47. Cowp. 124. 
Procuring any proleElion except the privilege of parliament. 
If any one be protefled as the king’s fervant, it does not 
make him bankrupt. Skin. 21. By flat. 7 Anne, c. 12, 
declaring the privilege of ambaffadors and their train, it 
is exprefsly enafted, That no merchant, or other trader 
whatfoever, within the defeription of any of the (tatutes 
againlt bankrupts, lhall have any benefit of that aft. 
Being arrefed for debt, and lying two months in prifon. The 
ftatute does not make the mere being arrelted an aft of 
bankruptcy. The molt fubfiantial trader is liable to be 
arrelted ; but the prefumption of infolvency arifes from 
his lying in prifon two months without being able to get 
bail ; nor will this prefumption be obviated by a mere for¬ 
mal bail, put in for the purpofe of changing from one cuf- 
tody to another. Where bail is really put in, the bank¬ 
ruptcy only relates to the time of the furrender; but, 
when it is only formal bail, it will have relation to*the 
firli arreft. 1 Burn 437. Salk. 109. Bull. N. P. 38. 
Efcape out of prifon on arreff for 100 1 . or more. The aft 
clearly intends fuch an efcape, as (hews he means to run 
away, and thei'eby to defeat his creditors; it muft be an ef¬ 
cape againlt the will of the fberiff, for a man lhall not be 
made a criminal where he has not the lead criminal in¬ 
tention to difobey any law. 1 Burr. 440. It is not aft of 
bankruptcy for a banker to refufe payment, if he appears, 
and keeps his Ihop open. 7 Mod. 139. An aft of bank¬ 
ruptcy, if once plainly committed, can never be purged, 
even though the party continues to carry on a great trade. 
zTcrm Rep. 59. But, if the aft was doubtful, then ciiv 
cumftances may explain the intent of the firlt act, and 
Ihew it not to have been done with a view to defraud cre¬ 
ditors. But, if after a plain aft of bankruptcy, a man 
pays off and compounds with all his creditors, he becomes 
a new man. 1 Burr. 484. 1 Salk. no. 
How to proceed on a Commission of Bankrupt. 
There muft firlt be a petition to the lord chancellor by 
one creditor to the amount of 100I. or by two the amount 
of 150I. or by three or more to the amount of 200I. which 
debts muft be proved by affidavit. 5 Geo. II, c. 30. Up¬ 
on 
