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ed that it ought to be shewn that some writs were out against him it was overruled by Lord Kenyon. He cited also Miller v. Turner, * Jackman v. Nightingale, t Though a man orders bimself to be denied, yet if he be not denied he is not a bankrupt. So in Garret . Moule, keeping house with intent to delay a creditor is not sufficient to constitute an act of bankruptcy unless there be also a defraud or hindrance of the ereditor. So in Fof v. Saunders,ş aud Er parte Cock. shott,} if a man should make a fraudulent conveyance whereby it was intended to defraud or delay his creditors, and it was clear from the subject-matter of the conveyance that it could not defeat or delay the creditors it would not be an act of bankruptcy.” From all which cases he concluded that upon the other clauses of the same statute the construction had been that a mere intention of delay was not sufficient, but that an actual delay was necessary to make a man a bankrupt.
Cockell, Serj. and Wood, contrà, in support of the rule. “ From the report it is clear that the learned Judge left it to the jury that it was necessary, in order to find Walmsley a bankrupt that there should not poly be ap intent to delay, but that some creditor should be delayed. Now the latter part of that proposition is from the words of the statute a question of some doubt, and Lord Kenyon bas spoken of the case of Fowler v. Padget!,s in terms of disapprobation. Leavá ing a house with a view lo defraud or delay creditors is an act of bankruptcy within the words of the statute. Departing from bis dwelling-house becomes an act of bankruptcy, or pot according to the intent of the
Montugue, 167. +. Bull. N. P. 40. I 5 7'. Rep. 575. Couke's B. L. 4 Edit. 74. || 3 Bro. C. C', 502. [Cools B. L, 82. last edit.cites Hall'd case, Stra. 809.
party. His very absenting himself will be a sufficient prima facie evidence of his intent to delay. The statute 13 Eliz. c. 7, has only the words to defraud or hinder creditors; and the statute 1 Jac. I. c. 15, is in order to give, further benefits to creditors, as against the effects of bankrupts, and it contains the words, ' to the intent or whereby they may be defeated or delayed, and it is a very strange construction, to say that it shall narrow the cases of bankruptcy, when the recital is to give a further remedy. In that case or must not only be construed and; but may must also be construed shall. To keep house alone is difficult to be proved, against a man, because it cannot well be shewn that he did keep house, without a denial of hiin being actually made.".
LAWRENCE, J. “ No, he might give orders not to admit any one, and to deny bim."
Le Blanc, J. “ There is no case, I believę, between the statutes of Eliz. and that of James." • Lord ELLENBOROUGH, C. J.“ There is some doubt about the facts. There should be a new trial, for the purpose of a special verdict. The verdict as, it stands is improper as to one point, to raise this question ; for the intent is clear ; and probably there will be further evidence of the delay of some creditor.” . .
Grose, J. " I dare say there will be further evidence. Hundreds of commissions have been supported upon mere evidence of going away.”
LAWRENCE, J. “In the case of Fowler v. l'ad gett, it was understood that a mere intent of delay would be sufficient; upon the case of Iloodyear, Lord KENYON and ASHURST, J. said or must be read and; Grose, J. diel not go poo that ground; and I thought that the whole sentence must be reconciled. Bar
nard va Vaughan went upon the ground that the other cases had decided it.”
Le Blanc, J. “ It struck the court that it would be very bard, if a party went out on a fair purpose that be should be a bankrupt, because some creditor were actually delayed."
RULE ABSOLUTE for a new trial.
The King against the INHABITANTS of BINEGAR.
7th May, 1806.
By order of two justices, not appealed from, J. S. und Betty his wife Pauper. Set were removed to M. N. as their last place of settlement, and, after- marriage. Or.
tlement by wards, the said Betty as the wife of J. S. was removed from the der of justices, perish of w. to the said parish of M. N., without appeal. Betty went and served in the parish of B. and resided forty days there, under a hiring for a year, and returned to M, N. and there became chargeable. J. S. was, at the quarter sessions, convicted of vagrancy, for deserting his said wife ; but, upon appeal against an order of justices removing the said Betty from M. N. to the parish of B., the appellants produced evidence to shew the marriage 4 nullity, which was not denied; held, that, after the orders unappealed from, and the conviction, the respondents were estopped
from producing such evidence,
and intruded inlo the said parish of K., endeavouring there to set-
PON hearing the appeal of the church wardens and
overseers of the poor of the parish of Binegar, in
for that county, against an order of Sir J. C. Hip-
County, it was complained and adjudged in the follow. 1806. ing words, viz."' that Elizabeth Savage, (being the said the pauper) lately came to inhabit in the said parish of versus
the Inhabitants Willow, contrary to law, not having any ways gained of BINEOARI a legal settlement there, nor produced any certificate, owning herself to be settled elsewhere, and that the said Elizabeth Savage is actually become chargeable to the said parish of Willow, we the said justices upon due examination of the said complaint and premises, and also upon the examination of the said Elizabeth Savage upon oath, before us, and upon due consideration by us had in the premises, do adjudge the same complaint and premises to be true ; and we do likewise adjudge that the last lawful settlement of her the said Elizabeth Savage is in the said parish of Midsomer Norton; and she was therefore removed from the said parish of Willow to the said parish of Midsomer Nor. ton: and against this order likewise there was no ap: peal. At Lady-day, 1803, the said Elizabeth hired herself for a year at the wages of four guineas, as a dairy maid, to James Brookes of Binegar, and served with him, in that parish, for sixteen months. The said John Savage is still living. After the said Elizabeth left the service of the said James Brookes, she returned to the said parish of Midsomer Norton, and became chargeable to that parish. In May last, the said John Savage was committed to the house of correction, for having run away and left the said Elizabeth therein called his wife so chargeable, until the next quarter sessions held for the said county in July last, when the charge in the said commitment being duły proved to the said court of sessions, upon oath, in the presence of the said John Savage to be true, the said court adjudged the said John Saruge to be a rogue and vagabond, and a male upwards of twelve years of age; and ordered him to be detained in the said house of correc. tion for the space of three days, and that before he