: tors, Robbers, Incendiaries, Murderers, and Blasphemers of the name of God, and all other misdoers each according to his deeds; You shall preserve and keep loyally and truly the rights and customs of the Island and according thereto, you shall administer Justice to the people, giving and delivering unto each, good and speedy Justice as well to the small as the great, to the rich as to the poor without exception of persons, preserving the right of Widows, orphans, strangers, and other unprotected persons as much as shall be in you possible; You shall maintain, support, and defend the Rights, Privileges, Franchises, and Liberties of this Island, opposing yourself to whosoever would wish to infringe or corrupt them. Lastly, you shall conform yourself according to the good advice and counsel of Messrs. the Justices from time to time, according as the cause shall require it." Bailiff, his authority.-The Jurats and other officers of the Court, must accompany the Bailiff or his Lieutenant,from their apartment to the seat of Justice, and respect him as he who represents the person of his Majesty,and who is his first Minister in the place, there, and particularly when he is in Court, or executing the duty of his office; the delinquent must be suspended, if he is a Judge, or other officer, and all others shall be punished by imprisonment, until they shall have repaired their fault by asking pardon and have satisfied the pecuniary penalty which might be imposed on them according to the nature of the offence.-Code, 1771. Bailiff, his precedency.-The Bailli (says Mr. Falle) holds immediately from the King whom he represents in Court; and there, in token of his independence, has his seat raised above that of the Governor. This precedency in the Court was a point much disputed betwixt Sir John Peyton and the Bailly Herault, but by King James I, and his Čouncil, adjudged to the latter. Everywhere out of Court the Governor precedes. Mr. Durell, in his notes says that "this singular distinction is observable in two curiously carved old oaken chairs, which are still to be seen in the Royal Court. As the Order of Council of the 14th of June, 1619, which exalted the civil above the military power, in the person of the Bailly, may not be within the reach of many of our readers, we may be allowed to give the following quotation from it. It is ordered, first, that the Bailiffe shall in the Cohue and Seate of Justice, and likewise in the Assembly of the States, take the seate of precedencie as formerly; and in all other places and assemblies, the Governor take place, and have precedencie, which is due unto him as Governor, without further question." Bankrupt laws of Englund, who subject to.-By the 6 Geo. 4, c. 16, s. 135, it is enacted that "the Statute shall extend to aliens, denizens and women, both to make them subject thereto and to entitle them to all the benefits given thereby." This clause, as to aliens and denizens is the same in substance as a section in one of the repealed statutes [21, J. 1, c. 19, s. 15] upon which section it has been decided that aliens or subjects residing in Scotland, [Alexander v. Vaughan, Cowp. 398.] Ireland [Dodsworth v. Anderson, 7. Raym, 375.] The Isle of Man [Allen v. Cannon, 4 B. and A. 418.] The British Colonies [Exp. Smith, Cowp. cit and see. Exp. Williamson, 1 Atk. 82, in any foreign country], Bud v. Sedgwick, Salk. 110.] trading to or from England, that is to say buying goods in England and sending them abroad for sale, may, if they go to England and commit an act of Bankruptcy there, be made Bankrupts. In the case of James Le Couteur, a Draper, living at St. Peter Port, Guernsey, against whom a Fiat had been issued, it was decided in the Court of Bankruptcy, Aug. 23 and 27, 1834, that a person trading to (though only buying goods to sell again) and committing an Act of Bankruptcy in England, was liable to the Bankrupt laws. Mr. Commissioner Holroyd, cited the case of Allen, assignee of Johnson, a bankrupt linen draper in the Isle of Man, v. Cannon, and others, 4 Barne well and Alderson, p. 418. It was an action of trover tried at Lancaster at the summer asşizes in 1820, and it appeared on the trial, that the Bankrupt had for several years carried on the business of a Linen Draper in the Isle of Man, and from time to time gone over to England and purchased goods which he afterwards sold in the course of his trade in the Isle of Man, but he had never sold any goods in England. It was objected that in order to make him a trading person within the meaning of the Bankrupt laws, there ought to have been both a buying and selling in England. Mr. Justice Park before whom the cause was tried however overruled the objection and a verdict was found establishing the Bankruptcy. A rule nisi for a new trial on the ground of the objection taken at the trial, having been obtained, and the case being argued in the Court of Queen's Bench, Lord Tenderden, [Chief Justice Abbot] after hearing counsel in support of the rule, said, “I am of opinion that a person living in the Isle of Man and coming from time to time to England and purchasing goods to be sent to the Isle of Man, which are there sold, is a person using the trade of merchandize within the meaning of the statute of 13 Eliz. c. 7 and 1, Jac. c. 15, and that if he commit an act of Bankruptcy, he is amenable to the Bankrupt Laws of Eng land." In the case also of ex-parte Smith, [Cooper 402,] Lord Hardwicke decided that a party who had never traded to England or resided here, but who had merely been in the habit of coming over to England to purchase goods, did come within the Bankrupt Laws; although in that case the party had come to England for the express purpose of being made a Bankrupt. There were the cases also of Bird v. Segwick, [Palk. p. 110] and Alexander t. Vaughan, [Cooper p. 398] in both of which it was held, that a person trading to England, though not resident here, if he committed an act of Bankruptcy here, was amenable to the Bankrupt Laws. Upon the authority of those cases, and upon the words of the statute, I have no doubt that the bankrupt was a trader; and I, therefore, think that this rule should be discharged.”—Rule discharged. Several cases in support of this position may be quoted from Cooke on the Bankrupt Laws, all of which establish the assertion of that author that " any person trading to England, whether native, denizen, or alien, though never resident in England as a trader, may be a bankrupt, if he occasionally go to England, and commits there an act of bankruptcy." The smallness of profit is no consideration, and one act of buying and selling is sufficient to constitute a trader within the Bankrupt Laws. Newland v. Bell, [Holt 221, Gibbs.] The cases more particularly relied on are the following: 1. That of W, Grice, a merchant of Dublin, who occasionally went to England to purchase goods which he afterwards sold in Ireland, and once sold a parcel of neat's tongues in England, and at another time a parcel of tallow in Ireland to be delivered in England, and afterwards committed in England an act of bankruptcy. The Court resolved that he was a bankrupt, declaring though he both bought and sold but once in England, yet his so doing was not essential to his being made a bankrupt, for many merchants only bought beyond sea and sold in England, and others only bought in England and sold beyond sea,-it was trading that made a man liable to the bankrupt laws, -and Grice did plainly trade in England. 2. That of Bird v. Sedgwick, where a gentleman from the temple went from England, to Lisbon, where he turned factor, and traded to England, and broke. He was held to be a bankrupt by reason of his having traded to England and back again. 3. That of J. Ashley, a planter in Barbadoes, who being in the habit of sending goods from his plantation to England, and of receiving others purchased in England, and coming over to England and committing there an act of bankruptcy, was held by Lord Hardwicke to be subject to the English bankrupt laws. 4. The case Ex-parte Williamson, where Lord Hardwicke said that there were several instances in which persons having their sole place of residence in the colonies, yet happen. ing to be in England, had had commissions of bankruptcy taken out against them; and that if a merchant residing abroad but trading to England, committed in England an act of bankruptcy, he might be made a bankrupt. 5. The case of Alexander, v. Vaughan. Alexander was a native of Scotland residing at Edinburgh, and partner in a large Scotch brewery which carried on trade to almost all parts of the world. Coming occasionally to England he was arrested there, and having lain in prison upwards of two months was afterwards made a bankrupt. The assignees deputed the defendant, as their messenger, to seize upon his property in Scotland. Alexander, disputing their right to make him a bankrupt brought an action of trespass against the messenger. The case was argued before Lord Mansfield who after taking an elaborate review of all preceding analogous cases, held the plaintiff to be subject to the English bankrupt laws, and ordered a nonsuit. Bankrupt laws of England, what persons shall be deemed traders liable to become brankrupt.-Sec. 2, Stat. 6, Geo. 4, cap. 16 entitled, "An act to amend the laws relating to Bankrupts." Enacts that persons of the following descriptions shall be deemed traders liable to become bankrupt, viz. bankers, brokers, scriveners, persons receiving other men's monies or estates into their trust or custody, persons insuring ships or their freights, warehousemen, wharfingers, bakers, builders, carpenters, shipwrights, victuallers, inn, tavern, hotel, or coffee-house keepers, dyers, printers, bleachers, fullers, calenderers, cattle or sheep salesmen, and all persons using the trade of merchandise by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail; and persons who either for themselves or as agents or factors for others, seek their living by buying and selling, or by buying and letting for hire, or by the workmanship of goods and commodities. But no farmer, grazier, common labourer, or workman for hire, receiver-general of the taxes, or member of, or subscriber to, any incorporated commercial or trading companies, established by charter or act of Parliament, shall be deemed a trader liable to become bankrupt. What shall constitute an act of Bankruptcy.-Sec. 3. " If any such trader shall depart this realm, or being out of this realm shall remain abroad, or depart from his dwelling house, or otherwise absent himself, or begin to keep his house, or suffer himself to be arrested for debt not due, or yield himself to prison, or suffer himself to be outlawed, or procure himself to be arrested, or his goods, money or chattels to be attached, sequestered, or taken in execution, or make or cause to be made either within the united realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods or chattels, or any fraudulent surrender of copyhold lands or tenements, or any fraudulent gift, delivery or transfer of any of his goods and chattels, every such trader so doing, suffering, procuring, executing, permitting, making, or causing to be made any of the acts, deeds or matters aforesaid, with intent to delay or defeat his creditors in the recovery of their debts, shall be deemed to have thereby committed an act of Bank. ruptcy." [Observe. If a trader whose house of trade is in Ireland comes to England on business and again quits this country to avoid an arrest, it is a departing the realm with an intent to delay his creditors, sufficient to constitute an act of bankruptcy. [Williams v. Nunn, 1 Taunt 270. 1 Camp, 152.] If the necessary consequence of a trader's departing the realm is that his creditors may be delayed, he thereby commits an act of bankruptcy [Ramsbottom v. Lewis, 1 Camp. 279. Ellenb.] Again, Sec. 4. "Enacts that the conveyance by any such trader of the entire of his property to trustees for the benefit of all his creditors, shall not be deemed an act of bankruptcy, unless a commission be sued out and issue against such trader within six calender months after the execution of such conveyance. Provided, however, that the trustee or trustees execute the deed within fifteen days after the party conveying shall have made it; and that the execution both by trader and trustee or trustees, be attested by a solicitor. Provided also, that notice of the conveyance must be given within two months after its execution, by such trader-if he reside in London, or within forty miles thereof, in the London Gazette, and two London daily newspapers, or if beyond forty miles from London, then in the London Gazette, one London daily newspaper, and one provincial newspaper in the vicinity of the trader's residence, such notice to set forth the date and execution of the conveyance with the names and places of abode of the trustees and solicitor respectively." Again, Sec. "Enacts that any such trader, who shall upon any species of arrest for debt, or on any attachment for non-payment of 5. |