A lessee of lands subject to a covenant against certain obnoxious trades, with a proviso for re-entry, granted underleases of houses erected on the land, not containing a similar covenant and proviso: it was holden", that a purchaser by auction of houses on the same land, and of the improved ground-rents of the houses so underlet, might recover his deposit, this omission in the under-leases not having been mentioned in the conditions of sale. h Waring v. Hoggart, 1 R. and M. 39. CHAP. VII. BANKRUPT. I. Of the Alterations made in the Bankrupt Laws by stat. 6 Geo. 4. c. 16. II. Of Persons liable to be Bankrupts. III. Of Persons not liable to be Bankrupts. IV. Of the several Acts of Bankruptcy. V. Of Property in the Possession of the Bankrupt as reputed Owner. VI. Of Payments made to and by Bankrupts. VII. Of Actions which may be brought by the Assignees of a Bankrupt, and in what manner they ought to sue. VIII. Of Actions by the Bankrupt. IX. Of the Pleadings. X. Of the Evidence and Witnesses. I. Of the Alterations made in the Bankrupt Laws by stat. 6 Geo. 4. c. 16. THE legislature having deemed it expedient to amend the laws relating to bankrupts, and to simplify the language thereof, and to consolidate the same in one act, and to make other provisions respecting bankrupts, by this statute, (which passed on the 2nd of May, 1825, to take effect on the 1st of September in that year,) (1) repealed the following statutes: (1) A Commission sued out on Sept. 8th, 1825, upon an act of bankruptcy committed in the July preceding, not supported. Maggs v. Hunt, 4 Bingh. 212. The statute 6 Geo. 4. in many of its provisions corresponds with the enactments of former statutes, and therefore, in the following pages, such of the decisions as have been made on the construction of those statutes, and are likely to occur again, will be re-inserted. II. Of Persons liable to be Bankrupts. Any person being a trader, and capable of contracting in the way of trade, may become a bankrupt. Lord Hardwicke, Ch. refused to supersede a commission which had been taken out against a clergyman, who was proved to have been a trader and had committed an act of bankruptcy, although it was urged, that clergymen were prohibited from trading, by stat. 21 H. S. c. 13. s. 5. and that all contracts made by them 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 trade". a Lavie v. Phillips, 3 Burr. 1776. 1 Bl. R. 570. By the second section of the statute 6 G. 4. c. 16. the following persons are deemed to be traders liable to become bankrupt: III. Of Persons not liable to be Bankrupts. Farmer, Grazier, Common labourer, Workman for hire, Receiver-general of the taxes. Member of, or subscriber to, any incorporated commercial or trading companies, established by charter or 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 shall 1. Depart this realm, 2. Being out of this realm, shall remain abroad, 3. Depart from his dwelling house, 4. Otherwise absent himself, 5. Begin to keep his house, 6. Suffer himself to be arrested for any debt not due, With intent to defeat or delay his creditors. By s. 4. 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 |