case newton against trigg see this case ante page a innkeeper be not within  the statute of bankrupt SC ante SC Mod SC lev SC Carth SC comb SC salk the  court seriatim now deliver their opinion eyres justice for the plaintiff the  question be if a innkeeper may be a bankrupt I be of opinion that neither of  these matter nor altogether can make he a bankrupt as to the share in the ship  that be nothing though it be find that he have a stock to trade with in  potenia yet if not so in fact it will not make he a bankrupt side cro car be a  merchant and give over his trade before the debt contract will exempt he out  of the statute much more if he have only a stock and never do trade at all  then for his be a innkeeper and buy all that he vend in his house inn be of  necessity the keeper be Chargeable to the public and compellable to lodge all  comer roll Rep he can refuse who he please hut the case in roll Abr shower KB  I think good law innkeeper be compellable by the constable to lodge stranger  they may detain the person of the guest who eat or the horse which eat till  payment a they be compellable to keep the assize and to prevent tipple and the  statute against tipple extend to innkeeper a inn be but a great alehouse b  they do not deal upon contract as other do they only make bill in which they  can set unreasonable rate if they do they be indictable for extortion which  other seller be not though a innkeeper buy by contract yet he be no trader if  he do not sell by contract he buy only for particular purpose and deal but  with particular person a sutler to a army or a steward to a inn of court can  be bankrupt because they buy only for particular purpose ever since the  statute after so long a tract of time which be from Elizabeth no innkeeper be  ever endeavour to be bring within the statute unless once in crisp case c  these commission be not to be encourage though design for good yet in  execution be a grievance it be the duty of judge to consider time a thing and  not now to construe innkeeper bankrupt when under such hardship by soldier and  therefore conclude for the plaintiff Gregory justice ad idem that a innkeeper  be no bankrupt he that keep a board school do as much as a innkeeper buy  commodity and vend they in his house and receive money for they and yet he may  refuse who he please which a innkeeper can do yet no man will say he be within  the statute and so he conclude for the plaintiff dolbin justice be absent holt  chief justice of the same opinion a innkeeper can be a bankrupt he be not take  notice of in our law as a trader for buy and sell but as a lodger Caleys case  d which describe his life and manner of live he be bind to provide for  traveller and to protect and secure their good he be not pay upon the account  of the intrinsic value of his provision but for other reason the recompense he  receive be for care and pain and for protection and security he do not buy and  sell but only for this particular purpose by the trade of buy and sell in the  statute it must be intend somewhat of the same nature with that mention before  videlicet exchange and barter shoemaker and tanner do not sell the commodity  but be pay for their manufacture e they only make the commodity useful and the  buy be with intent to make they fit for sale but the end of a innkeeper in his  buy be not to sell but only a part of the accommodation he be bind to prepare  for his guest a farmer be not within the statute and yet there be not a farmer  in shower KB England but buy and sell and that necessary for the manage his  occupation as a farmer wherever a man sell under a particular restraint and  limitation a Brownl salk Bac Abr b Bulst c cro car d   e cro car Hutton see  Geo c cook b c brown c c shower KB er p he be not a seller within the statute  sir Thomas Littleton commissioner of the navy though he buy and sell yet  because confine to the business of the navy he be hold not within the statute  the case of the gun founder in the exchequer be hold not to be within it  because a particular undertake suppose a innkeeper have a farm and have his  provision out of his farm then in crisp case they all agree he out of the  statute which be strange for he still buy man meat which be all one a  schoolmaster that take boarder he buy great provision and get great credit and  yet he be never think within the statute and I think there be as much or more  reason to bring he within they for he make a contract ad it pleases which a  innkeeper can and so he conclude for the plaintiff declare dolbin justice to  be of the same opinion f