105 became bankrupt whilst he so remained in Possession, and before the Expiration of the three Months. Held, that this was not a Possession by the Bankrupt within the Statute, 31 Jac. 1. c. 19. s. 11. Muller v. Moss. Page 99 2. A Custom, that Purchasers of Hops shall leave them upon Rent in the Hop Merchant's Warehouse for Re-sale, undistinguished from his Stock, will not prevent them becoming the Property of the Hop Merchant's Assignees upon his Bankruptcy, as being in his Possession, Order, and Disposal. The Custom not being clear, distinct, and precise enough to enable others to know that the Hops so left were not the Property of the Possessor. Thackthwaite v. Cock. 3. Stock in the Public Funds in the Names of a Bankrupt and others on Trust, the Bankrupt being one of the cestui que Trust, his equitable Interest not within the Statute, 21 J. 1. c. 19. s. 11. and therefore not being capable of actual Transfer, passed by Assignment. Ex parte Kensington. 138 . The Share of a secret Partner in the joint Stock in Trade being in the Possession of an apparent Partner, and the sole ostensible Trader is not liable to the Bankruptcy of the latter, as being within the Meaning or Mischief of the 21 J. 1. c. 19. the Bankrupt having such an Interest and qualified Property in the secret Partner's Share as to VOL. II. destroy the essential Requisites of a true and independent Ownership on the one Hand, and of a fraudulent and reputed Ownership on the other. Coldwell v. Gregory. Page 149 5. When a Testator directed that, in Case his Son should carry on the Testator's Trade for the Benefit of himself and his Mother, his Lease and Furniture should not be sold, but that the Trustees should permit the Widow and Children to reside therein, and have the Use of it. And the Widow and Son carried on the Trade and became Bankrupt. Held, that the Furniture, &c. was not in the Order and Disposition of the Bankrupts. Ex parte Martin. P. PARTNERSHIP. 331 4. Upon a Dissolution of Partnership between A. and B. it is agreed that until A. be provided for, B. Ishall allow him a Third of the Profits. B. afterwards forms a Partnership with C., and carries into it the Stock of A. and B. A Commission issues against A. and B. Held, that after the Satisfaction of the Creditors of B. and C., the joint Effects of B. and C, were the separate Property of B., and not the joint Property of A. and B. Ex parte Barrow. 252 PERJURY. 145 5. Under that Agreement A. is a False Swearing, not strictly amount ing ing to Perjury, is an indictable PETITIONING CREDITOR. See EVIDENCE. COSTS. 1. It is no Objection to the Com- mission that the petitioning Cre- Docket, made an Affidavit of his Debt as for Goods sold and de- livered, although he had at the ibid. 2. Or that prior to presenting the 3. To sustain a Commission upon a Debt due to the Wife, dum sola, she must be petitioning Creditor jointly with her Husband. Rumsey 4. If two Persons exchange Accept- ances, and before the Bills are mature, one of them commits an Act of Bankruptcy, there is not such a Debt due from him to the other as will sustain a Commission. Sarratt 5. A Creditor may legally contract to sue out a Commission of Bank- ruptcy against his Debtor in Con- sideration that a Friend of the Debtor will give the petitioning agreed Sum is a valid Bill. Fry v. own Name without a del credere Commission is a good petitioning Creditor against the Purchaser, nicated the Name of a Purchaser to his Principal, but he ceases to be so when the Principal has agreed with him to consider the Purchaser as his Debtor, and has taken Steps for recovering the Debt directly from the Purchaser. Sadler v. 286 8. Petitioning Creditor responsible change, upon the direct Proof of which the petitioning Creditor's Debt has been established: pe- titioning Creditor bound to be as- sistant to the Commission in all its Stages: petitioning Creditor de- claring Commission to be invalid held liable for the Costs of Eu- quiries occasioned by that Declara- 9. A Debt due to Partners will sup- port a Commission, although one Country, if such Residence do not 10. Petitioning Creditor may have been the Partner of the Bankrupt, out ofthe Partnership Transaction. 11. Where one of a Firm undertakes to provide for a Bill drawn by them, the Firm cannot petition PLEADING, 1. Pleaj stifying a Trespass under a James I. held to be bad; for al- though the Parliament in which the Act pa sed was continued to the second Year of that Reign, yet the Reference to the first Day of the Sitting not being expressly ex- cluded, determines the Date of 2. On Abatement by Bankruptcy of Defen lant, an Executor, after a Decree for an Account, supple- ment Bill in the Nature of a Bill 3. Demurrer by a Bankrupt to a Bill joining him with his Assignees in (viz. the specific Performance of a Contract previous to his Bank- ruptcy) allowed. Distinction upon 4. The Assignees under a joint Com- mission against A. and B. in suing selves generally as the Assignees of 5. Joint Contractors must all be sued, 6. In Assumpsit against two, where one pleads Non-assumpsit and a Plea of Bankruptcy, and the Plain- tiff enters a Nolle Prosequi as to him, as to the several Matters pleaded by him, and the other De- fendant pleads Non-assumpsit; the 7. After a general Plea of Bankruptcy, concluding to the Country, a Re- plication, that the Defendant was, before the Commission, discharged as a Bankrupt, and that his Estate Pound, which was pleaded in Main- tenance of the Action generally, and with a Verification, was held ill on a special Demurrer. Wilson 8. A Bankrupt may file a Bill for an Account and Injunction, without making his Assignees Parties to the 9. To a Suit by Assignees, the Con- sent of the Creditors, is unneces- sary where their Interests are not large the Time for his Surrender brought before the Commissioners. 7. Affidavits inadmissible, when. 161 8. Upon Petition for Payment of Di- 9. Upon directing an Issue to try 10. Where Commissioners refused to 11. In an Issue and an Action di- cond, to that in which it is tried. 12. Court to which it is directed has Issue. Buxton v. Lawton. 179. N. 14. A Bill of Exchange, on which the Commission was sued out, ordered |