1 M. D. & D. 3. Before 6 Geo. IV., cap. 16, Eng., builders were not liable to be made Bankrupts in England: 5 Esp. 147; 2 Cam. 300.

Carpenters.-6 Wm. IV.] It does not seem that a person who merely works at his trade, is meant hereby, but one who purchases timber and other materials which he works up: Chapman v. Lanphier, 3 Mod. 155; 1 Cook, B. L. 49. Lord Holt decided a ship carpenter was within the former statutes: Kirney v. Smith, 1 Ld. Raym. 741.

Calenderers.-6 Wm. IV.] These were subjected, for the first time, to the Bankrupt Laws, by 6 Wm. IV., cap. 14, in Ireland; and by name, under the 6 Geo. IV., cap. 16, in England. Mr. Christian says, that, within his own experience, he found one commission taken out against a calenderer; it was said that the purchase of machinery and bees' wax, and not merely polishing the customers cloth, supplied him with the character of a trader; 1 Chr. 46.

Cattle and Sheep Salesman.-6 Wm. IV.] These were included in 6 Geo. IV., cap. 16, Eng.; in order to set at rest a doubt raised under 5 Geo. II., cap. 30, as to their coming under the term factor: see Wills 139; Christian, 579; and following that course it was introduced by 6 Wm. IV., cap. 14, into Ireland. A farmer accustomed to purchase more sheep than necessary to stock his farm, and derive profits out of the sale of the surplus, is a trader within 6 Geo. IV., cap. 16; Ex p. Newall, 3 Dea. 333. A drover was in the repealed English Statutes, and it was decided that it meant one who employed himself generally in buying cattle and selling them afterwards, and as such he might be a cattle salesman: Bolton v. Sourby, 11 East. 278; Mills v. Hughes, Willes 588: and see per Bayley, J. 11 East, 279.

Carriers.-12 & 13 Vic.]

These were not, as such, previously subject to the Bankrupt Laws: Ex p. Wiswold, Mon. 263.

Coach-proprietors.-12 & 13 Vic.] The above observation alike refers

here.

Cow Keepers.-12 & 13 Vic.] A cow keeper is one who grazes cows and sells the milk with a view to profit: Carter v. Deane, 1 Swan. 64; they were not considered traders until specially named in the statute.

Dyers.-6 Wm. IV.] Previous to 6 Geo. IV., cap. 16, in England; some doubt was entertained as to this class which is now removed: see Chr. 46.

Fullers.-6 Wm. IV.] These were first made subject to the Bankrupt Laws in England, by 6 Geo. IV. cap. 16; in Ireland, by 6 Wm. IV., cap. 14.

Inn Keepers.-6 Wm. IV.] See Keepers of

Insurers of Ships or their freights, or other matters, against perils of the Sea.-6 Wm. IV.] Before 6 Geo. IV., cap, 16, Eng., this class of persons, (otherwise underwriters,) could not as such be Bankrupts: Ex p.

Bell, 15 Ves. 355.

LIST OF TRADERS.

Insurance brokers are clearly not within that clause: see Ex p. Stevens, 4 Mad. 256; this description of persons was first adopted by 6 Wm. IV., cap. 14, in Ireland.

Keepers of Inns, Taverns, Hotels, or Coffee Houses.-6 Wm. IV.] An Innkeeper in England, before 6 Geo. IV., cap. 16, was not subject to the Bankrupt Laws, 3 Lev. 310; Skin. 291; unless he sold to a person out of the house who sent to purchase, 1 T. R. 572; 1 Rose 84; and same of coffee-house keepers. Hotel keepers were not within the former statutes. The keeper of a private lodging house, who also seeks a profit by finding and cooking provisions, would be liable; but it was in the character of a hotel keeper, and this although the provision be set apart as the separate property of each guest: Smith v. Scott, 9 Bing. 14; 2 M. & Sc. 35; and although they take their meals with the mistress of the house: Gibson v. King, 7 Jur. 1044; 10 Mee. & W. 667; 1 Car. & M. 458; but if she does not sell provisions, it is otherwise: Ex p. Wilks, 2 Dea. 1; 2 Mon. & A. 667; Ex p. Bowers, 2 Dea. 99; 3 Mon. & A. 53; even though the furniture be bought for the purpose of being let with the lodgings: Ex p. The keeper of a boarding house is a trader, under Bowers, supra. 6 Geo. IV., cap. 16; Ex p. Daniel, 7 Jur. 334; (and see also Victuallers.)

Lime burners.-12 & 13 Vic.] It had been long doubted whether such was a trader within the meaning of the Bankrupt Laws: Ex p. Ridge, 1 V. & B. 360; 1 Rose, 316; all doubts are now removed by the statute. Livery stable keepers.-12 & 13 Vic.] These were not subject to the Bankrupt Laws previously, nor in England, before 5 & 6 Vic., unless they bought and sold hay and straw, &c., generally: Carman v. Denew, 3 M. & Sc. 761; 10 Bing. 292; Ex p. Lewis, 2 Dea. 318; or bought horses and let them out for hire: Martin v. Nightingale, 11 Moore, 305; see Arch. 54; De Gex, 31.

Market Gardeners.-12 & 13 Vic.] These are now, for the first time, made liable to the Bankrupt Laws in Ireland, following 5 & 6 Vic., cap. 122, for England.

Millers.-12 & 13 Vic.] These were not liable to Bankruptcy hitherto : See Arch. 55; De Gex, 31.

Printers.-6 Wm. IV.] These were, for the first time, subjected to the Bankrupt Laws in England by 6 Geo. IV., cap. 16; in Ireland, 6 Wm. IV., cap. 14.

Packers.-6 Wm. IV.] It is questionable whether this is a term well understood in Ireland, although much in use in London. It means persons employed by merchants to receive and, in some instances, to select goods for them from manufacturers, dyers, calenderers, &c., and pack the same for exportation: Arch. B. L. 46.

Scriveners.-6 Wm. IV.] Scrivenery is unknown as a trade in Ireland, and should not be coufounded with the occupation of the modern copying clerk: See O'Don. B. Acts, p. 102, note (a). The trade, as such, has

become obsolete in England; per Gibbs, Ch. J. 3 Camp. 539. Lord Hardwicke observed that bankers had taken upon them to act as scriveners, and therefore it became necessary for the legislature to add bankers as being liable to Bankruptcy: Ex p. Wilson, 1 Atk. 218, (anno 1752.)

Ship owners.-12 & 13 Vic.] These were not liable, merely as such, before the present Act, 12 & 13 Vic., in Ireland, or before 5 & 6 Vic., cap. 122, in England, unless the ship owner freighted his ship with a cargo: Carter v. Deane, 1 Swam. 64.

Shipwrights.-6 Wm. IV.] These were held to be subject to the Bankrupt Laws, even before the statute in England, per Lord Holt, Kirney v. Smith, 1 Lord R. 741; not, it should seem, a person who merely works at the trade, but one who also purchases and furnishes the materials: Arch. B. L. 47; as a carpenter merely he would have been doubtful: Chapman v. Lamphier, 3 Mod. 155.

Trade of Merchandize.-6 Wm. IV.] "And all persons using the trade of merchandize by way of bargaining, exchange, bartering, commission, consignment, or otherwise, in gross or by retail." This needs no explanation. The trade of merchandize means merely the purchasing of articles of merchandize, for the purpose of selling them again at a profit. The words "commission, consignment, or otherwise" are descriptive, and were introduced for the first time into 6 Geo. IV., cap. 16, Eng., from whence they were copied into 6 Wm. IV., cap. 14, Ir. As to commission, a person receiving a commission for orders, not debited with the goods himself, was not a trader, per Abbot, C. J., Doe v. Laurence, 2 Car. & P. (N.P. R.) 135.

Victuallers.-6 Wm. IV.] Before 6 Wm. IV., cap. 14, in Ireland, and 6 Geo. IV., cap. 16, in England, these were not subject to the Bankrupt Laws: See 4 Burr. 2064. In England victuallers must be licensed; it seems not a specific but a general term in all the reported cases, and includes certain classes of innkeepers, alehouse-keepers, and others, who provide entertainment, &c. The following definition of the term is met with in Tomlins' Law Dictionary:-" Victuallers are those that sell victuals; and we call now all common alehouse keepers by the name of victuallers." It might perhaps have included all the following, set forth in the statute of 25 Edw. III., c. 6, (anno 1349): "Item, that Butchers, Fishmongers, Regrators, Hostelers, Brewers, Bakers, Pulters, and all other Sellers of all manner of Victuals, (et omes alii venditores victualiū quoscumq;) shall be bound to sell the same Victual for a reasonable price, having respect to the price that such Victual be sold at in the places adjoining, so that the same sellers have moderate gains, and not excessive."

In the forms given in the English books of practice will be found the following of a victualler, by keeping a certain house for the providing of meat, drink, and entertainment, for persons requiring the same, and selling such articles of meat and drink for profit, and sought, &c.: 2 Arch. B. L. 21; 2 De Gex. B. L. 302-and a shorter form to same effect: 2 Mont. & A., B. L. 10; see also Jones's Law of Bailments, by Theobald, 95,

n. 1, 2; Bac. Abr. Inns, C. Jeremy's Law of Carriers, &c., 139; Wilcock's Law of Inns, &c., p. 1. Where victuallers confined themselves to supplying guests in their houses, they were not liable; but if a general intention to sell out of doors, however small the quantity, could be shewn, they were then considered traders under the statute: Crisp v. Pratt, Cro. Car. 549; Newton, v. Trigg, 3 Mod. 329; 1 Salk. 109; Saunderson v. Rowles, 4 Burr, 2067; Buscall v. Hogg, 3 Wils. 146; Patman v. Vaughan, 1 T. R. 572; Ex. p Maginnis, 1 Rose, 84. From the above it is evident that the word victualler is not meant in the same sense in which it is used of late years, in Dublin, where it is now almost universally adopted in place of the word butcher, who might, however, come under traders by buying and selling, &c., see next page.

Warehousemen and Wharfingers.-6 Wm. IV.] Those are denominations familiarly understood in London; the latter is scarcely, if at all, understood in Ireland, at least as a distinct branch of trade; the former is but partially adopted, and even so, coming under the head of buying and selling for their living, renders further comment unnecessary. It does not, it should seem, include in it any one who owns or keeps a warehouse, not being otherwise a trader: Arch. B. L. 46. Wharfingers in London, are proprietors of water sides, who land, warehouse, and ship goods, foreign or coastwise, for reward: ibid.

And all 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 or commodities.-6 Wm. IV.] And this, although they cannot be classed under any particular denomination. In such case a person may be called "dealer and chapman," meaning one who buys and sells mere personal goods with a view to profit, a condition which, if proved, would, in England, support a fiat, although coupled with one not indicating a trader: Ex p. Herbert, 2 Rose, 248; Hall v. Small, 2 B. & B. 25. In the repealed English Statute, 21 Jac. I., cap. 19, sec. 2, the words are, "all and every person and persons using, or that shall use, the trade of merchandize by way of bargaining, exchange, bartering, chevisance, or otherwise, in gross or by retail, or seeking his or her living by buying and selling." The cases, therefore, which have been decided upon these words, "buying and selling," in the statute of James I., will furnish the construction applicable to the same words here.

First. As to buying and selling: It must be a buying and selling, or, at least, an intent to sell; for a buying alone, without an intent to sell, 1 Com. Dig. Bankrupt A; or, a selling alone, without a buying (ibid.), will not constitute a trading within the meaning of this clause-and the buying must be a purchase in the common, ordinary, and not merely in the legal, acceptation of the term, per Lord Loughborough in Parker v. Wells, Cooke, 58. And if a man purchase goods for his own use, that will not make him a trader, even although he afterwards sell such of them as he may not have occasion for, because he does not seek his living by the buying and selling: see Dict. of Lord Mansfield in Parker v. Wells, 1 T. R. 34;

and see Summersett v. Jarvis, 3 Brod. & Bing. 2; 6 Moore, 56. So also, if a man sell the produce of his land, even although he buy some other article to mix with it, in order to sell the produce so mixed to a greater advantage, it will not make him a trader within this clause: Patten v. Brown, 7 Taunt. 409; and see Ex p. Salkeld, 3 M. D. & D. 125. But otherwise, where the produce of the land is merely the raw material of a manufacture, and the manufacture is not the usual or necessary mode of enjoying the land: Wells v. Parker, 1 T. R. 34; S. C. 1 T. R. 783. If a man buy horses to sell again, with a view to profit, he is liable to be a Bankrupt: Ex p. Gibbs, 2 Rose, 38; Wright v. Bird, 1 Price, 20; but if he sells only such as he bred and reared himself, he is not. If a butcher buy sheep or cattle to kill, and sell them with a view to profit, he is liable to be a Bankrupt: Dally v. Smith, 4 Bur. 2148; but if he kill only such as he bred and reared himself, he is not. If a fisherman be in the habit of purchasing fish from others, to sell again, with a view to profit, he is liable to be a Bankrupt: Heany v. Birch, 3 Camp. 233; but if he sell only such fish as have been caught by him, he is not. Persons who purchase coals to sell again, with a view to profit, are liable to be made Bankrupts: Cook, 48. 73; but if they sell only such as they procure from their own mines, they are not: Port v. Turton, 2 Wils. 169. So a person who owns or rents a mine, works it, and sells the ore; or rents salt mines and brine pits, and makes salt from the springs and rock salt, and obtains some of the brine from adjoining premises-Ex p. Atkinson, 1 M. D. & G. 300— is not thereby subject to the Bankrupt Laws; for although he sells, he does not buy: Port v. Turton, 2 Wils. 169; and the same of a person who sells stones, taken from his own quarry: Ex p. Gardener, 1 Rose, 377; 1 Ves. & B. 45.

The following cases on buying and selling," previous to 5 & 6 Vic., c. 122, s. 10. Eng, although directed to brick makers and lime burners, whose trading is now placed beyond doubt by the recent statutes, both here and in England, (see List of Traders, pp. 19. 21. supra,) will yet be useful, as developing the view taken by the courts, as to buying and selling generally.

A man who made bricks from his own land, as a mode of enjoying the profits of it, even although he made the bricks entirely for sale, and purchased sand and fuel, &c., for the purpose of making them, was not a trader within the meaning of the Bankrupt Laws: Parker v. Wells, supra, Cooke, 52. 63; Sutton v. Weely, 7 East. 442; or, if he purchased chalk for the purpose of burning with the clay, to improve the bricks, and sold a portion of the chalk when converted into lime: Paul v. Dowling, 3 Car. & P. 500; Mood. & M. 263, and this, whether he was a freeholder or termor merely: Ex p. Gallimore, 2 Rose, 424; or a devisee for life: Ex p. Burgess, 2 Glyn & J. 183; but if he bought the earth as earth, by the load or otherwise, and manufactured it into bricks for the purpose of sale, that would render him liable to be a Bankrupt: per Lord Loughborough in Parker v. Wells, supra; Cooke, 58. Therefore, when a man made bricks for sale, of earth dug and taken from the waste, without the assent of the lord, but