1. Supplemental Answer permitted to correct Mistake: but held strictly to Mistake, clearly sworn to, and probable in itself; the Solicitor, who put in the former Answer being dead; whose Letter, admitting the Fact contrary to that Answer, would not be Evidence in a Prosecution for Perjury against the Defendant; which ought not to be influenced by the Admission or Refusal of the Application. Strange v. Collins. 2. Answer, taken by Commission abroad, ordered to be filed without the usual Oath of the Messenger under the Circumstances, that it had been opened by the Defendant's Solicitor, and afterwards read in the Presence of the Plaintiff, upon Affidavits of the Messenger, &c. identifying it, and accounting for its being opened, as the Effect of Accident: the 163 2. A practising Attorney, negociating AVERMENT. AWARD. B. 1. Commission of Bankruptcy can- not proceed after the Death of the without a Declaration of Bank- Course of his Profession, purchas- ing and selling Estates, negociat. ing Loans, &c. not subject to the Bankrupt Laws, as a Scrivener. 3. Whether he is so by acting as a Scrivener, viz. receiving Property into his Trust for Commission, paid or contracted for expressly or 4. Equitable Mortgage by Deposit 5. Stock in the Public Funds in the Names of a Bankrupt and others on Trust, the Bankrupt being one of the Cestuis que Trust his equitable Interest not within the Statute 21 Jam. 1. c. 19. s. 11; and therefore, not being capable of actual Transfer, passed by Assignment. Ex parte Kensington. 79 6. Bankrupt permitted to petition against the Commission in forma pauperis. Ex parte Northam. 124 7. Distribution in Bankruptcy of Partnership Effects, as joint Property, after Assignment under an Agreement for Dissolution: the retiring Partner having obtained an Injunction and Receiver upon the Failure of the other to fulfil his Contract. Ex parte Rowland 10. Departure from the Realm or Dwelling-house, and the consequential Delay of a Creditor, not an Act of Bankruptcy without Proof, or necessary Inference of an Intention to delay at the Instant of Departure. Ex parte Osborne. Page 177 11. Pressure of Debts, though strong, not conclusive, Evidence of that Intention. Ex parte Osborne. 177 12. A Creditor not a competent Witness to the Act of Bankruptcy or Trading. Ex parte Osborne. 177 13. No Right to the Bankrupt's Allowance by Payment of Dividends to the joint Creditors under the usual Order for a Distribution of the joint Estate under a separate Commission. Ex parte Farlow. 209 14. Under a joint Commission of Bankruptcy no Proof for either the joint or separate Estate against the other, unless the Debt arose by Fraud, as distinguished from Contract; as by an Act against the expressed or implied Contract, and without the expressed or implied Authority of the Copartner; as by over-drawing, to increase the separate Estate; or under Circumstances implying Fraud; as for private Purposes, without the Knowledge,, Consent, Privity, or subsequent Approbation, of the other; inferred from his giving the whole Controul to his Partner. Ex parte Harris. Page 210 15. Proof of joint Debt under separate Commission, where there is no joint Estate. Ex parte Machell. 216 16. Jurisdiction of the Commissioners to commit, and of the Court, on Habeas Corpus to discharge, a Bankrupt: depending on the Point, whether the Ans:ver, though positively sworn, is satisfactory. Ex parte Oliver. 244 17. The Court cannot go out of the Return to the Writ. Oliver. 18. The Bankrupt not bound to answer any Question that has a Tendency to accuse him of a criminal Act; but is liable to Commitment; if on that Account his Answer is unsatisfactory: that his Answer tends to criminate another is no Objection. Ex parte Oliver. : Ex parte 244 244 19. In this Instance the Answer not being satisfactory, he was not discharged but the Commissioners were recommended by the Lord Chancellor to proceed to examine him farther. Ex parte Oliver. drawn by one of the Debtors, and accepted by another, each carrying on distinct Trades: Proof under their separate Commissions upon the Bill, Ex parte Wenslay. Page 254 22. Commission of Bankruptcy cannot be superseded, before it is sealed but the petitioning Creditor delaying to seal it, and taking that Objection, the Time for sealing it was limited to three Days. Ex parte Williams. 23. Assignees subject to Equities as the Bankrupt. 309 24. Denial on a Sunday not an Act of Bankruptcy. Ex parte Pres ton. 255 311 25. Creditor, attending to prove his Debt before Commissioners of Bankruptcy, privileged from Arrest. List's Case. 373 26. The Plaintiff in the Action ordered to discharge him, and all Parties subjected to Costs. List's Case. 373 27. The petitioning Creditor under a Commission of Bankruptcy must prove his Debt at a public Meeting. 374 29. The Crown not being bound by the Statutes of Bankruptcy, the Protection of a Bankrupt from an Extent limited to actual Attendance upon the common Law Privilege of a Witness or Party; rot extending through the Intervals of Adjournment by the Statute. Temple, Ex parte. Ff2 391 29. |