under the Commission, as it would

be sufficient to induce a Superse-

deas, is a Ground for staying the

Proceedings; but the Funds pro-

posed for the Purpose must be

fully and immediately applicable.

Ex parte Bryant.

Page 1

3. Commission not suspended upon

an Offer to pay into the Name of

the Accountant General a Fund

alleged to be sufficient for the

Ex

Payment of the Creditors.

parte Kemp.

5. N.

4. Although the Lord Chancellor

will stop the Progress of a Com-

mission against one who is not

properly the Object of it, and al-

though the strong Probability is

that no Person can now be the Ob-

ject of it as a Scrivener, yet that

Probability is not in itself a Ground

for such Interference. In the

Matter of Lewis.

T.

TITLE.

59

A Bankrupt Estate is sold by

Auction; the Purchaser, after hav-

ing paid a Deposit, gives Notice

that he means to abandon the

Purchase on a supposed Defect in

the Title. The Commission is after-

wards superseded, on the Ground

that there was no good petitioning

Creditor's Debt; and another Com-

mission issues, and the same As-

signees are chosen. Held, that as

the Assignees, at the Time when

they received Notice from the

Purchaser, had not a good Title

to the Estate, they could not

enforce the Contract, nor conse-

quently retain the Deposit. Bart-

lett v. Tuchin.

Page 2

TITLE DEEDS.

Attested Copies of, to be given by

Assignees; but their Covenant for

the Production of the Title Deeds

to be confined to the Time of their

Continuance as Assignees.

parte Stuart.

TRADING.

Ex

215

1. A Scrivener is one, who with an In-

tention thereby to get a Living re-

ceives into his Custody other Men's

Money, to be laid out on their Ac-

count, according to the Purpose for

which it is deposited. The Mode

of his Remuneration, whether by

Procuration-Fees, by a Charge for

Commission, or otherwise,. is a

Circumstance immaterial. The

actual Deposit of, and complete

Control over the Money of others,

till invested, and the Intention

thereby to get a Living, being

the Essence of this Species of

Trading. Ex parte Malkin, in

the Matter of Adains.

27

2. A Farmer buying and selling

Horses to an Extent unauthorized

by his Character of Farmer may

be a Bankrupt as a Horse Dealer,

although he may have bought and

sold without a Licence to deal in

Horses. Ex parte Gibbs.

38

Wright

Wright v. Bird.

Page 39

3. Whether a Person is to be con-

sidered a Trader after he has

quitted Business, depends upon

his Intention as to resuming it.

Ex parte Cundy.
357

4. A Man, whether Termor or Free-

holder, who sells Bricks, made

from the Produce of his Soil, is

not a Trader within the Bankrupt

Laws but otherwise, if he pur-

chase the Materials of his Manu

facture. From the Peculiarity of
an Agreement in this Case, an
Issue directed upon this Species of
Trading.

Whether the Owner of a Col-
liery, borrowing a particular Spe-
cies of Coal to render his own
marketable, be a Trader, is a Ques-
tion for a Jury upon the Intention.

Owner of a Colliery buying

Articles, and selling them to his

own Pitmen, not a Trader. So

as to a Fisherman, who buys occa-
sionally Fish to make up for Mar-
ket a Cargo otherwise deficient.
Ex parte Gallimore, in the Mat-
ter of Gallimore.

5. Publisher of Newspaper buying

the whole Impression and reselling

it at a Profit, a Trader. Gimming-

ham v. Laing.

TRUSTEE

424

472

F. Davison, Lombard-street,

Whitefriars, London.