case in the matter of William gulston a bankrupt upon the petition of William  gulston and a cross petition of george dale and other June that SC ante where  there be a doubt of the bankruptcy and the bankrupt be out of the kingdom the  court will not supersede the commission upon petition but send it to trial but  where the bankrupt be at home the court will send it back to the commissioner  to consider if on evidence they can declare he a bankrupt or not Mr gulston  reside in the island of barbados on the that of may last prefer his petition  to Lord chancellor thereby state that he be a merchant in London trade to  barbados and other place and have some year ago a considerable real estate  devise to he in the island of barbados do soon after he have take possession  thereof put the same under the management of a agent there for his great  convenience of resort to this kingdom and carry on his trade and business here  that in he reside in this kingdom and negotiate his business in a public  manner as a merchant and never commit any act of bankruptcy but find that he  be much impose upon in the management of his estate at atkins barbados he  therefore in order to make the most thereof determine to remove thither with  his family sometime about the latter end of the year and his intention and  determine atkins er p ation of so do be well know to all person with who the  petitioner have any deal and be conceal from none ofthem and particular be  well know to George dale who have several deal with the petitioner and be with  he almost every day and sometime often for six week or two month before the  time of the petitioner so go abroad and who have several good pack up at the  house of the petitioner to be seat abroad with he that the petitioner do  inMarch go over with his family to the island of barbados and have ever since  reside there for that better management and improvement of his estate that he  have remit to George dale diverse considerable sum of money to the amount of  between three and four hundred pound and notwithstanding this dale on the  saint of February last procure a commission of bankruptcy to be seal against  gulston but several witness have be examine beforethe commissioner they be of  opinion that they ought not to declare he a bankrupt and therefore the present  application be that the commission may be supersede the evidence to prove he a  bankrupt before the commissioner be a porter who swear that at the time  gulston go abroad he order he to deny he to two different creditor Shipston  and another and be convey off his effect on shipboard Shipston be also examine  before they swear that at the time of gulston go to barbados he be very well  apprise of his intention to leave the kingdom that he see he several time and  that gulston never refuse to see he when he ask for he it appear by affidavit  that dale be with gulston a great many time before he go abroad and be privy  to it Mr Chute who be counsel for gulston submit it to the court that if dale  have think he a bankrupt at that time he will certain have apply for a  commission then but instead of do that he have since receive four or five  hundred pound in discharge of his debt and without any scruple apply it for  that purpose and now after five year acquiescence be attempt to make gulston a  bankrupt Mr Chute insist therefore upon all these circumstance that the  commission shall be supersede or at least that a issue shall be direct to try  the bankruptcy he rely on a case mention in Wrenchs case cro Elizabeth there a  process issue against I S to arrest he who keep his house to save himself from  arrest but afterward go to the market and to other place and when he hear  again of a new process out against he he keep his house a second time but  afterward go at large the question be if he be within the statute of  bankruptcy and all the court hold he be not because he use to go at large and  it may be atkins that his policy will not prevent the serve of the process for  he may be meet withal unwit Mr Hume Campbell of the same side cite Hopkins v  Ellis salk where it be hold by hilt chief justice that if h commit a plain act  of bankruptcy as keep house c though he after go abroad and be a great dealer  yet that will not purge the first act of bankruptcy but he will still remain a  bankrupt but if the act be not plain but doubIful then go abroad and deal c  will be a evidence to explain the intent of the first act for if it be not do  to defraud creditor and keep out of the way it will not be a act of bankruptcy  within the statute Woodiers case bull Ni Pri Raikes v Poreau cook b law also  if after a plain act of bankruptcy he pay off or compound with all his  creditor lie be become a new man Mr attorney general for the cross petition Mr  dale debt be original pound and amount now to pound some time in the year  gulston order himself to be deny to his creditor and not only that but leave  the kingdom and go abroad the creditor imagine that something beneficial may  turn out have wait all this time in hope Mr gulston may be enable to pay they  but conclude now that by stay they may make bad worse have agree to take out a  commission of bankruptcy there be two sort of bankruptcy describe under the  statute of the that of Elizabeth ch and the saint of James ch a beginning to  keep his house or a depart from his dwellinghouse to the intent or purpose to  defraud or hinder any of his creditor of the just debt or duty of such  creditor or creditor or whereby his creditor may be defeat or delay for the  recovery of their law and true debt atkins er p Lord chancellor in  consideration of Mr gulston be out of the kingdom I think it very proper to  direct a issue to try if he wag a bankrupt before the take out of the  commission if he have be in England I shall have be of opinion to refer it  back to the commissioner to consider upon the evidence before they whether  they will declare he a bankrupt his lordship order that the petitioner do  forthwith proceed to a trial at law in the court of king bench in London on  the follow issue whether at and before the issue of the commission of  bankruptcy against William gulston he be a bankrupt within the true intent and  meaning of the several statute make and now in force concern bankrupt and  order that Mr gulston shall be at liberty from time to time to inspect the  commissioner proceed and to take copy or extract thereof as he shall think  proper and after the trial shall be have any of the party be to be at liberty  to apply to his lordship for further direction