atkins case ex part BURCHALL in the matter of robert BURCHALL a bankrupt April  the d the statute of the that of Q Ann c repeal only that part of the statute  of the James c which constitute a bankrupt but not the description of the  trade or occupation of the person against who the commission issue the  petitioner be breed a money Scrgivener and have use the trade or profession of  a money Scrgivener for ten year and now prefer a petition by way of caveat and  pray to be hear before a commission of bankruptcy issue against he insist that  as a Scrgivener he be not liable to be a bankrupt for that though by the  statute of James cap a Scrgivener be include in the description of a bankrupt  yet this description among some other be repeal by the statute of the Ann cap  which be not a temporary but a absolute repeal nor restore by any subsequent  act the clause be as follow whereas by a act make in the James it be among  other thing enact that all and every person and person use or that shall use  the trade of merchandise by way of bargain c in gross or by retail or seek his  or her live by buy and sail or that shall use the trade and profession of a  Scrgivener receive other man money or estate into his trust or custody who at  any time after the end of the say session of parliament be indebt to any  person or person in the sum of pound or more shall not pay or otherwise  compound for the same within six month next after the same shall grow due and  the debtor be arrest for the same or within six month after a original writ  sue out to recover the say debt and notice thereof give unto he or leave in  write c or be arrest for the sum of one hundred pound or more of just debt  shall at any time after such arrest procure his enlargement by put in common  or hire bail shall be account and ad judge a bankrupt to all intent and  purpose and in the case of arrest or get forth by common or hire bail from the  time of his or her say first arrest and whereas it be find by experience that  many and great mischief and inconvenience have happen especial of late to  trade and credit in general by reason of the say description of a bankrupt for  remedy thereof for the future be it enact that the say act and also all and  every other act and act of parliament whatsoever so far as they relate to the  say description of a bankrupt be repeal and make void and that no person  within the say description or any atkins of they shall for or by reason of the  same be take and adjudge to be within the statute or statute of bankrupt  whatsoever Lord chancellor my doubt be whether the that of queen Ann intend  any more than to repeal some part of the statute of James which constitute a  act of bankruptcy and not the description of the trade or occupation of the  person against who a commission issue Mr brown the counsel for the petitioner  insist that the statute of queen Ann repeal the additional description of a  trader in the James which be not in the precedent act and that the description  of a Scrgivener be in this act only now all the bankrupt act have the  description of use the trade of merchandise and get his live by buy and sell  and if Mr brown construction shall prevail the description of a bankrupt by  the expression of buy and sell be as much repeal as the other the statute of  the James have superadd a Scrgivener and this be mere a addition to the  quality of the trade or procession of the person who shall be a bankrupt one  of the description to constitute a bankruptcy under this act be sue out a  original writ c another a arrest and procure common or hire bail c these be  find inconvenient give rise to the clause of the that of queen Ann consider  how much be recite by this statute not the whole description of a bankrupt or  the general or common qualification of the person of a bankrupt or his buy and  sell c if such a construction be right as have be contend then all the other  act of parliament will be repeal it be only particular act of bankruptcy which  be make void and not the qualification of the person and I have no doubt  myself but the construction I have put upon this repeal statute be the proper  and only safe construction his lordship order that the petition creditor be at  liberty to sue out a come atkins er p mission of bankruptcy against Burchall  and in case the major part of the commissioner shall thereon declare he to be  a bankrupt within the intent and meaning of the several statute concern  bankrupt then he direct the commissioner to execute a provisional assignment  of Burchalls estate and effect to a assignee appoint by they under the  commission and also direct a issue to try whether he be a bankrupt within the  true intent and meaning of the several act concern bankrupt at or before the  issue of the commission the petition creditor to be the plaintiff and the  issue to be try the next term before ford chief justice will the chancellor  incline to think that a Scrgivener be imply in the follow clause of the Geo  and whereas person deal as banker broker and factor be frequent entrust with  great sum of money and with good and effect of very great value belong to  other person it be hereby further enact that such banker broker and factor  shall be and be hereby declare to be subject and liable to this and other the  statute make concern bankrupt but atkins his lordship do not give a positive  opinion as to this point and order all further direction to be adjourn over  till the next day of petition the next day his lordship upon consider the  clause declare he be clear of opinion a Scrgivener be within the meaning  thereof and comprehend in the word banker broker and factor and therefore  direct so much of the order as relate to the issue for try the bankruptcy to  be strike out upon the that of may there be a petition ex part Burchall and  tribe when his lordship order that the commissioner shall proceed in the  execution of the commission and the other petitioner Thomas tribe be present  in court that have Burchall in execution at his suit and acquaint his lordship  that he now elect to seek relief for his debt under the commission against  Burchall and be also the petition creditor his lordship order tribe forthwith  to discharge Burchall out of the Marshalsea