Ex parte Burchall: Robert Burchall a Bankrupt
| Jurisdiction | England & Wales |
| Judgment Date | 02 April 1742 |
| Date | 02 April 1742 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 92
HIGH COURT OF CHANCERY
92 EX PARTE BURGH ALL 1 ATK. 141. [141] Case 82.-Ex parte BuRCHALL : In the Matter of robert burchall a Bankrupt. April the Id, 1742. The statute of the 10th of Q. Ann. c. 15, repeals only that part of the statute of the 21 Jac. 1, c. 19, which constitutes a bankrupt, but not the description of the trade or occupation of the person against whom the commission issues. The petitioner was bred a Money Scrivener, and had used the trade or profession of a Money Scrivener for ten years, and now preferred a petition, by way of caveat, and prayed to be heard before a commission of bankruptcy issued against him, insisting, that as a Scrivener he was not liable to be a bankrupt; for that though by the statute of 21 Jac. 1, cap. 19, a Scrivener was included in the description of a bankrupt, yet this description among some others was repealed by the statute of the 10 Ann. cap. 15, which was not a temporary, but an absolute repeal, nor restored by any subsequent act. The clause is as follows : " Whereas by an act made in the 21 Jac. 1, it is amongst other things enacted, That " all and every person and persons, using or that should use the trade of merchandize " by way of bargaining, &c., in gross, or by retail, or seeking his or her living by buying " and selling, or that should use the trade and profession of a Scrivener, receiving other " mens monies or estate into his trust or custody, who at any time after the end of the " said session of parliament, being indebted to any person or persons in the sum of 100 " or more, should not pay or otherwise compound for the same within six months " next after the same should grow due, and the debtor be arrested for the same, or " within six months after an original writ sued out to recover the said debt, and notice " thereof given unto him, or left in writing, &c., or being arrested for the sum of one " hundred pounds or more of just debts should, at any time after such arrest, procure " his enlargement by putting in common or hired bail, should be accounted and ad-" judged a bankrupt to all intents and purposes ; and in the cases of arrest or getting " forth by common or hired bail from the time of his or her said first arrest: and " whereas it is found by experience, that many and great mischiefs and inconveniencies " have happened, especially of late, to trade and credit in general, by reason of the...
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