The acts of bankruptcy above enume rated depend upon the trader's intention in doing the act. The following are the acts which constitute acts of bankruptcy whether done with or without an inten tion to defeat or delay creditors.
If any trader, having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall upon such or any other arrest or commitment for debt, or non-payment of money, or upon any detention for debt, lie iu prison for twenty-one days, or hav ing been arrested or committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him and not discharged, every such trader shall be thereby deemed to have committed an act of bankruptcy: or if any such trader having been arrested, committed, or de tained for debt, shall escape, every such trader shall be deemed thereby to have committed an act of bankruptcy from the time of such arrest, commitment, or detention.
The bankrupt law does not make the mere circumstance of being arrested an act of bankruptcy, except when a trader suffers himself to be arrested for a debt not due, or a debt which he is able to pay, as above stated. The presumption of insolvency only arises from the fact of lying in prison twenty-one days with out being able to procure bail, or of es caping out of prison to avoid payment of the debt.
Under the old law, no effectual provi sion was made for enabling an honest debtor who believed himself insolvent, voluntarily to subject himself to the bankrupt law, and thereby to prodnoe an equal distribution of his property among his creditors. To remedy this defect, it was provided by 8 Geo. IV. c. 16, § 6, and continued by 5 & 6 Vict. c. 122, § 22, that if a trader file with the secretary of bankrupts a declaration of his insolvency, signed by himself, and attested by an attorney, the secretary of bankrupts shall sign a memorandum which shall &nth°. rise the insertion in the Gaseite of such declaration, and such declaration shall then become an act of bankruptcy ; but the fiat upon it must issue within two months after filing the declaration.
In addition to the above acts of bank ruptcy, the circumstance of a debtor filing a petition for his discharge under the In solvent Debtors' Act is by the statute 7 Geo. IV. c. 67, declared an act of bank ruptcy, on which a fiat may be issued. And by 7 & 8 Vict. c. 96, § 41, the Lord Chancellor may issue a flat against a trader upon his petition made to the Lord Chancellor, when such trader has filed a declaration of insolven,• in the manner and form prescribed by the sta tute in that case made and provided re lating to bankrupts.
When the creditor of any trader has made an affidavit of his debt in the proper court, and of his having delivered a written account of such debt, and de manded payment thereof from his debtor, the court may summon the debtor and require him to say whether he admits the demand or not, but he is also allowed to make a deposition upon oath in writing that he believes he has a good defence to such demand, or to some part thereof, which he must specify. If the trader does not appear on such summons, or shall appear and refuse to admit the de mand, and not make such deposition as above mentioned, in such case if he does not pay or compound the debt within seven days, or give security for its pay ment, he shall be considered to have committed an act of bankruptcy. If the trader admits the debt, he must pay or compound or secure it within the time fixed ; otherwise he will be adjudged to have committed an act of bankruptcy.
As traders who are members of par. Bement are not liable to personal arrest ihr debt during the time of privilege, some special provisions were requisite as to acts of bankruptcy committed by such persons. Acoordingly, § 9 of the bank. rapt act, 6 Geo. IV. c. 16, provides that if any trader having privilege of paella. ment commit any of the before-mentioned acts of bankruptcy, a commission (fiat) of bankruptcy may issue against him, and the commissioners and all other per. sons acting under the fiat, may proceed as against other bankrupts ; but such trader shall not be subject to be arrested during the time of privilege, except in cases made felony by the bankrupt law. By the 52 Gee. III. c. 144, whenever a member shall be found and declared a bankrupt, he shall be for twelve months incapable of sitting and voting. At the expiration of twelve months the bank. ruptoy must be certified to the Speaker, and the election of the member is void, unless the fiat be superseded or the ere• ditors paid in full. There is no legal obstacle to a bankrupt retaining his seat in the interval, unless the fact of the bankruptcy be brought before the notice of the House by petition ; and if any decree or order of a Court of Equity or Bankruptcy shall have been pronounced, ordering any such trader, having privi lege of parliament, to pay money, and such trader shall disobey the same, the person entitled to receive it may apply to the court to fix a peremptory day for the payment : and if such trader shall then neglect to pay the same, he shall be deemed to have committed an act of bankruptcy ; and any of his creditors may sue out a fiat, and proceed as against other bankrupts.