2. Where the consignee transfers bills of lading to a creditor as a security for his debt, and the consignor stops the goods in transitu, the creditor may issue a fiat against the consignee on his original debt. Ex parte Ashton, 2 Dea. & Ch. 5.

in

3. The bankrupt (H.), who was partnership, borrowed various sums of his partner W. P. personally, and upon the dissolution of the partnership purchased the stock in trade; W. P. made out an account, entitled, "Mr. H. (the bankrupt), in account with H. and W.P.: Held, that W. P. had a good petitioning creditor's debt, notwithstanding this mode of entitling the account. Ex parte Robinson, 3 Dea. & Ch. 244.

4. If money be advanced to a trader to enable him to commence a trade of which the lender is to share the profits, it is a good petitioning creditor's debt. Ex parte Notley, 1 Mont. & Ayr. 46. S. C. 3 Dea. & Ch. 367.

5. A docket was struck on a note on which the bankrupt and Warde were jointly liable; afterwards a tender was made on behalf of Warde; a petition to supersede for want of a petitioning creditor's debt dismissed: : payment after docket

struck would have been invalid.

7. Where the commissioners find the petitioning creditor's debt insufficient, they should also find that the debt proposed to be substituted was incurred not anterior to the present one. Ex parte Hunter, 2 Dea. & Ch. 507.

8. So far as guarantees are concerned, a debt provable and a petitioning creditor's debt are convertible terms. Per Sir G. Rose. Ex parte Simpson, 1 Mont. & Ayr. 567.

9. Costs of substituting new petitioning creditor's debt ordered to be paid by petitioning creditor, under the circumstances. Ex parte Lloyd, 2 Dea. & Ch. 506.

10. A debt barred by the statute of limitations will not support a commission. See ex parte Nokes, 1 Mont. & Ayr. 461, and Middleton v. Mucklow, 10 Bing. 401.

See COMMISSIONERS, 5.- COSTS, 9.

POLICIES OF ASSURANCE. See REPUTED OWNERSHIP, 21, 22.

PRACTICE.

1. The Chancellor may make an order in a particular case, alterDicas v. Lord Brougham, 6 Carr. & Payne, 264.

442.

6. If a fiat be issued by an attorney on a bill of costs, the Court (K. B.) will not refer it for taxation at the instance of a third party against whom an action has been brought by the assignees, and who applies for the collateral purpose of so reducing the bill as to make the petitioning creditor's debt insufficient. Clutterbuck v. Coombs, 2 Nev. & Man. 209.

Affidavits.

2. Petition not to stand over to have affidavits in reply filed till those in answer are read, to see whether they require an answer. Ex parte Todd, 3 Dea. & Ch. 57. S. P. ex parte Dawson, 3 Dea, & Ch. 17.

3. Where a petition is in the paper for hearing on Monday, and

the respondent files his affidavits on Saturday, the petitioner is entitled to time to answer them. Ex parte Gladdish, 2 Dea. & Ch. 330.

4. Where affidavits in support are very voluminous, time will be given to answer them, on payment of costs, though the petition be in the paper of the day, and twelve days have elapsed since they were filed. Ex parte Williamson, 2 Dea. & Ch. 317.

5. Where a petition stands over to produce an affidavit of service, the respondent must have notice when the petition is to be brought on again. Ex parte Mucklow, 3 Dea. & Ch. 25.

Appeal.

6. Where a party wishes to appeal on petition, instead of special case, he must apply ex parte to have the matter heard on petition, and the respondent may subsequently move to set the order aside, if improperly obtained. Ex parte Keys, 1 Mont. & Ayr. 233. S. C. 3 Dea. & Ch. 266.

7. The pendency of an appeal is not sufficient ground for staying proceedings, more especially when it is plain that the appeal is brought for the purpose of delay. Ex parte Hinton, 2 Dea. & Ch. 407.

Commitment.

8. Practice as to commitment for nonpayment of money, &c. Note, 1 Mont. & Ayr. 262.

9. After an order to pay within a specified time, the next order is to pay within four days, or stand committed. This is of course at the office; but if circumstances render an application to the Court necessary, notice must be given to the other side. Ex parte Malachy, 1 Mont. & Ayr. 269.

10. If an order of committal be asked, the affidavit must state that the money is still due and owing, and that the party has not paid, or any person on his behalf, but the same strictness is not required on an intermediate order. Ex parte Murray, I Mont. & Ayr. 478.

Exceptions to Reports, &c.

11. A party intending to object to a report must either present a cross petition of exceptions or give notice of the nature of the objection. Ex parte Millard, 3 Dea. & Ch. 243.

12. A petition excepting to a report is heard before a cross petition to confirm it, notwithstanding the latter stands first in the paper. Ex parte Cox, and ex parte Smith, 3 Dea. & Ch. 11.

13. Not necessary to obtain leave to except to the Registrar's certificate of taxation. Ex parte Crockwell, 1 Mont. & Ayr. 379, in note.

Hearing of Petition.

14. To have an urgent petition heard in vacation, let it be answered and served; then apply to the registrar, who will communicate with the judges, who, if necessary, will appoint a special sitting. Ex parte Harding, 1 Mont. & Ayr.

115.

15. As to the authority of the Court of Review to hear a case in private, see ex parte Chambers, 2 Dea. & Ch. 395, and in re Falk, 2 Dea. & Ch. 415.

16. A petition specially answered for a particular day is placed at the head of that day's paper. Per Sir George Rose. Ex parte Mucklow, 3 Dea. & Ch. 25.

17. Nonpayment of taxed costs. into Court not a preliminary objec

19. New practice suggested on pronouncing an order of the Court. Ex parte Francis, 2 Dea. & Ch. 90.

20. The respondent not appearing when the petition was called, the petitioner took such order as he could abide by. The Court refused the application of the respondent on a subsequent day to restore the petition to the paper, where the only cause assigned for the respondent's nonappearance was, that his agent had overlooked the petition in the list. Re Wilks, 3 Dea. & Ch. 338.

21. When a petitioner, the respondent not appearing, takes such order as he can abide by, the other side may open the order at any time about six months. Ex parte Thompson, 1 Mont. & Ayr. 325.

22. An order of the Vice-Chancellor not drawn up, ordered to be entered nunc pro tunc. Ex parte Lewis, 3 Dea. & Ch. 198.

Service.

25. Petition not served cannot be advanced. Ex parte Harding, 1 Mont. & Ayr. 115.

26. Restoring petition to the paper, when done. Ex parte Thompson, 1 Mont. & Ayr. 326.

Vivá voce Examination.

27. When a petition stands over to have a viva voce examination, that side begins with whom the affirmative lies. Ex parte Daly,

1 Mont. & Ayr. 384.

Generally.

28. Before a motion is made that the petition of the bankrupt for a supersedeas shall be dismissed on the ground of his being out of the jurisdiction of the Court, the respondent should serve the bankrupt's agent with a notice of the motion, having previously obtained an order that service on the agent shall be good service. Ex parte Drake, 3 Dea. & Ch. 284.

29. A formal objection to a notice of motion is waived by the party appearing and requesting further time to oppose it. Ex parte Morland, 3 Dea. & Ch. 248.

30. Note as to practice on motions. 1 Mont. & Ayr. 100.

31. Where the person against whom a fiat is issued applies to the Court to stay the advertisement in the Gazette, and swears positively that he owes no debt to the petitioning creditor, and that the fiat is fraudulent, the Court will stay the insertion of the advertisement, the proceedings being in Court for inspection. Re Fletcher, 2 Dea. & Ch. 317.

32. On a petition to reverse the adjudication under section 17 of

1 & 2 W. 4. c. 56, the bankrupt is entitled to copies of the depositions. Ex parte Jackson, 2 Dea. & Ch. 601. S. C. Mont. & Bli. 394.

33. When the bankrupt petitions to annul the fiat (a), on the ground that he has not committed an act of bankruptcy, the Court will order him to be furnished with copies of the depositions. Ex parte Smith, 3 Dea. & Ch. 101.

34. On a petition to reverse the adjudication under section 17 of 1 & 2 W. 4. c. 55. the assignees may adduce new evidence to establish the requisites. Ex parte Jackson, 2 Dea. & Ch. 601. S. C. Mont. & Bli. 394.

35. Petition to supersede for want of a petitioning creditor's debt. The deposition referred to an acccunt, which purported to be annexed, but which was not. The hearing was adjourned for its production, the respondent paying the costs of the day. Ex parte Clarke, 2 Dea. & Ch. 86. S. C. Mont. & Bli. 265.

36. Where a proof is rejected the creditor may petition to prove, though the commissioners referred him to a subsequent meeting at which he declined to attend. parte Skipp, 2 Dea. & Ch. 88.

Ex

37. On a summary application against the assignees for delivery up of goods seized by them from a stranger who claimed the goods as his, but who together with the bankrupt had been indicted for a conspiracy in secretly and fraudulently removing the goods, which indictment was pending, the Court refused to hear the petition till after the trial, as otherwise the assignees must disclose the evidence which they would use in support of the

(a) Qu. to reverse the adjudication?

say.

2. In a preference, the transfer must be made voluntarily, and in contemplation of bankruptcy. D. Littledale, J., and Parke, J. Morgan v. Brundret, 5 Barn. & Adol. 296.

3. To show that a transfer is vo luntary, it ought to appear that the bankrupt is the actor. D. Pattison, J. Morgan v. Brundret, 5 Barn. & Adol. 296.

4. Although there be not any limit to the time within which a preference may be over-reached, it requires great caution to invalidate on the ground of preference after a lapse of six months. Per Tindal, C.J. Belcher v. Prittie, 10 Bing. 416.

5. A transfer, in contemplation of insolvency, is not sufficient to constitute a preference. Morgan v. Brundret, 5 Barn. & Adol. 296.

6. A transfer of property by an insolvent trader is not a fraudulent preference, if it were upon the pressure bona fide of the creditor. Morgan v. Brundret, 2 Nev. & Man. 287.

7. If a trader be engaged in an extensive and doubtful concern, and in pecuniary difficulty, and his son

apply to him for security for payment of a bond given to the trustees of the son's marriage settlement, and security is given accordingly, and the trader stand his ground for six months afterwards, and the jury find that he did not give the security spontaneously to favour the son, but in consequence of the application made by him, the Court will not disturb the verdict. Belcher v. Prittie, 10 Bing. 407. S.C. 4 Moore & Scott, 237.

8. A slight application on the part of a son may be as strong towards a father as if a stranger had threatened to arrest. Per Parke, J. Belcher v. Prittie, 10 Bing. 420. S. C. 4 Moore & Scott, 295.

9. If one of two partners commit an act of bankruptcy, and the next day hand over a post bill and money to the agent, the drawer, who resides abroad, of a bill accepted by the firm, becoming due in a few days, for the purpose of anticipating the payment of the bill, and by way of fraudulent preference in contemplation of bankruptcy, and afterwards on the same day the other partner also commit an act of bankruptcy, who, previous to committing the act of bankruptcy, did not know of the delivery of the bill and money, and a commission issue against both partners, the assignees may recover from the agent of the creditor the amount of the property handed over to him after this act of bankruptcy by the one partner. Burt v. Moult, 3 Tyrw. 564.

10. If one of two partners, after he has committed an act of bankruptcy, dispose of the partnership property as a fraudulent preference, and the other partner, while solvent, ratify the act of the bankrupt partner, and a commission issue against both, quære, whether the disposi

tion be good against the assignees under a commission against both? Per Bayley, B. 1 Crom. & Mee. 530. S. C. 3 Tyrw. 570.

11. If a trader transfer to a creditor property to such an extent as will prevent him from continuing his business, and render him insolvent, it is an act of bankruptcy. But those who rely upon such act of bankruptcy on a trial must show that it was calculated to have the alleged effect, by evidence of the general state of the party's affairs at the time of such conveyance; and it is not sufficient to prove that the trader, under pecuniary pressure, disposed of some article essential to the carrying on of his business; as that a miller, by bill of sale, transferred his waggon and horses to a creditor who had arrested him. Wedge v. Newlyn, 4 Barn. & Adol. 831.

12. The Court of Review has not jurisdiction to order property, alleged to have been given as a fraudulent preference, to be delivered up because the party has claimed. Ex parte Dobson, 1 Mont. & Ayr. 666.

PRINCIPAL AND AGENT.

A., in France, employs B., in England, to sell wines on commission, as well as to purchase other wines on A.'s account in London, for which purpose he furnishes him with letters of credit; the wines were generally bought and sold by B. in his own name; B. became bankrupt: Held, that A. might sue the purchasers of the wines in the name of B. or his assignees; but that no order could be made for the payment to A. of any monies the produce of the wines, if mixed with