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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

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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

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PERJURY.

145

5. Under that Agreement A. is a False Swearing, not strictly amount

ing

ing to Perjury, is an indictable
Offence as a Misdemeanor. Ex
parte Overton.
Page 257

PETITIONING CREDITOR.

ibid.

agreed Sum is a valid Bill. Fry v.
Malcolm.
Page 129
6. An uncertificated Bankrupt can
Petition for a Commission, if his
Assignees make no Claim to the
Debt. Ex parte Cartwright. 230
7. A Factor who sells Goods in his

own Name without a del credere

Commission is a good petitioning

Creditor against the Purchaser,

although he has merely commu-

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.
Leigh.

286

out ofthe Partnership Transaction.
Windham v. Paterson. Page 465

11. Where one of a Firm undertakes

to provide for a Bill drawn by

them, the Firm cannot petition
for a Commission against the Ac-
ceptor. Richmond v. Heapy. 474

PLEADING,

selves generally as the Assignees of
A., without noticing the Name of

B. Stonehouse v. De Silva.

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large the Time for his Surrender
in Discharge of Bail, notwithstand-
ing the Provision in the Statute of
49 Geo. 3., permitting a Bankrupt

in Custody in Execution to be

brought before the Commissioners.

Crump v. Taylor. Page 149

7. Affidavits inadmissible, when. 161

8. Upon Petition for Payment of Di-

vidend-Practice what. ibid.

9. Upon directing an Issue to try

Bankruptcy-what.

162

10. Where Commissioners refused to
proceed in the Bankrupt's Exa-
mination, unless he produced his
Books, &c. (which were in the Of-
fice of a Master of the Court of
Chancery in Ireland) or Copies of
them; an Order was made, de-
claring, that such Books or Copies
must, if required, be produced at

the Expence of the Estate. Ex

parte Caleb Cridland.
164

11. In an Issue and an Action di-
rected by the Court, the Practice
varies. In the first, the Motion
for a new Trial must be made to
the Court directing it; in the se-

cond, to that in which it is tried.

Carstairs v. Stein.

178

12. Court to which it is directed has
jurisdiction to put off Trial of an

Issue. Buxton v. Lawton. 179. N.
13. Petition to stay Certificate must
be served before Petition Day. Ex

parte Coulbourn.
187

14. A Bill of Exchange, on which the

Commission was sued out, ordered

to be left with the Assignees, and

enrolled of Record with the Com-

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