only other Creditor who had proved, does not incur the penalty of this clause: Ex p. Smyth, 2 Glyn. & J. 221. And where Creditors sued out a commission, and then abandoned it to proceed against the bail to action, and took a joint note for the debt from one of the bail of the Bankrupt, and the bill was in fact paid by the bail, this was not a forfeiture of the debt under this section: Ex p. Green, 1 Dea. and C. 230. Some of the cases above cited have been decided on a similar clause in statute 5 Geo. II., c. 30, s. 24, Eng., the only material difference between which and the present clause is, that the former only contemplated private bargains, whereby such person, suing out such commission, shall privately have, and receive more in the pound, in respect of his debt, than the other creditors;" and this clause was in 11 & 12 Geo. III., c. 8, s. 10, Ir.; as well as 5 Geo. II., c. 30, s. 24, Eng.; and see 15 Ves. 464; Ex p. Kirk; Ex p. Brine, Buck. 19, 108. Under this statute it is immaterial whether the money or security be given to the Petitioning Creditor privately or not.

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3. Executing conveyance or assignment by deed to trustees, for benefit of Creditors.]-This act of Bankruptcy had been before 6 Wm. IV., c. 14, s. 20, as unlimited with regard to its relation back as any other act of Bankruptcy; but following 6 Geo. IV., c. 16, s. 4, Eng., the petitioning Creditor was limited to six months, from the execution thereof, for the issuing a commission. If after the expiration of that time, no commission issued, then, by the statute, such ceased to be an act of Bankruptcy. As to its Execution, Attestation by Attorney, Notice, Trader's residence, Advertisements, &c., see section of Act as above.

4. Filing a Declaration of Insolvency.]-By 6 Wm. IV., c. 14, s. 22, (same as 6 Geo. IV., c. 16, s. 6, Eng.) if any such trader "shall file in the office of the Lord Chancellor's secretary of Bankrupts, a declaration in writing signed by such trader, and attested by an attorney or solicitor, that he is insolvent, and unable to meet his engagements, the said secretary of Bankrupts, or his deputy, shall sign a memorandum that such declaration had been filed, which memorandum shall be authority for the printer of the Dublin Gazette, to insert an advertisement of such declaration therein; and every such declaration shall, after such advertisement inserted as aforesaid, be an act of Bankruptcy, committed by such trader at the time when such declaration was filed; but no commission shall issue thereupon, unless it be sued out within two calendar months, next after the insertion of such advertisement; and unless such advertisement shall have been inserted in the Dublin Gazette, within eight days after such declaration was filed; and no docket shall be struck upon such act of Bankruptcy, before the expiration of four days, next after insertion of such advertisement, in case such commission is to be executed in London; or before the expiration of eight days, next after such insertion, in case such commission is to be executed in the country; and the Gazette, containing such advertisement, shall be evidence, to be received of such declaration having been filed. By 6 Wm. IV., c. 14, s. 23, (same as 6 Geo. IV., c. 16, s. 7,) no commission under which the adjudication shall be grounded on the act of Bankruptcy, being the filing of such declaration, shall be deemed invalid, by reason of such declaration having been concerted, or agreed upon

between the Bankrupt, and any Creditor or other person. This section is virtually repealed by 12 & 13 Vic., c. 107, s. 22, (same as 5 & 6 Vic., c. 122, s. 22, Eng.) whereby it is enacted, "that if any such trader shall file in the office of the Lord Chancellor's secretary of Bankrupts, a declaration in writing, in the form of schedule (D) hereunto annexed, signed by such trader, and attested by an attorney or solicitor, that he is unable to meet his engagements, every such trader shall be deemed thereby to have committed an act of Bankruptcy, at the time of filing such declaration, provided a fiat in Bankruptcy shall issue against such trader, within two months from the filing of such declaration;" and a copy of such declaration, certified by the secretary or his clerk, shall be received as evidence of its having been filed. This simplifies the same act of Bankruptcy, (No. 6, lower downwhich see.)

5. Filing Petition in Insolvent Debtors' Court.]-By 3 & 4 Vic., c. 107, s. 27, Ir., (same as 1 & 2 Vic., c. 110, s. 39, Eng.) the filing of the petition of every person in actual custody, who shall be subject to the laws concerning Bankrupts, and who shall apply by petition, to the Insolvent Debtors' Court for his discharge from custody, according to this Act, shall be counted and adjudged an act of Bankruptcy from the time of filing such petition; and any Commission of Bankruptcy issuing against such person, and under which he shall be declared Bankrupt before the time appointed by the said court, and advertised in the Dublin Gazette for such person to be brought up and dealt with according to this Act, or at any time within two calendar months from the making of any such order as aforesaid, (namely, the order for vesting the estate of the trader in the Provisional Assignee of the Insolvent Debtors' Court,) whether upon the petition of such prisoner or the petition of any such Creditor, as aforesaid, shall have the effect of divesting the said real and personal estate and effects of such person out of the Provisional Assignee. Provided always that the filing of such petition shall not be deemed an act of Bankruptcy, unless such person be so declared Bankrupt before the time so advertised as aforesaid, or within two such calendar months as aforesaid; but that every such order as aforesaid shall be good and valid, notwithstanding any fiat in Bankruptcy under which such person shall be declared Bankrupt after the time so advertised, as aforesaid, and after the expiration of such two calendar months, as aforesaid. The petition is considered as filed when it reaches its place of final custody, and not when it is delivered to an officer of the court, part of whose duty it is to hand it over to an another officer for final deposit: Garlick v. Sangster, 9 Bing. 46; 2 M. & Scott, 68.

6. Filing Declaration in form Schedule D. of 12 & 13 Vic., c. 107.]— This act is a re-enactment of No. 4 above, with modifications, especially as to publicity, the advertisement in the Gazette being unnecessary; and it is contingent upon the issuing the commission within two months from the filing. A copy of the declaration becomes evidence of such having been filed, provided it purports to be certified by the secretary or his clerk. In England the date of the fiat is prima facie evidence of the time of its being issued: Ex p. Rowe, 4 Dee. 16, Mon. & C. 334. This is a new creation under 12 & 13 Vic., c. 107, s. 22, Ir.; and 5 & 6 Vic., c. 122, s. 22, Eng.

7. Filing Petition for Arrangement with Creditors, under section 90 of same Act.]-By 12 & 13 Vic., c. 107, s. 23, it is enacted "that the filing of a petition by any trrader for an arrangement between such trader and his Creditors, with the concurrence of a certain number therof, under the provisions of this Act, shall be accounted and adjudged conclusive evidence of an act of Bankruptcy," &c. And then follows a proviso rendering it contingent upon the issuing of a commission within two months after notice appearing in the Gazette. Another contingency is super-added, namely, that no commission shall issue unless and until after the petition be dismissed. So that this act of Bankruptcy, although a voluntary one on behalf of the trader, becomes imperfect without the concurrence of other parties. The petition alluded to in this section, is the petition contained under section 90 of same Act.

2ND.-INVOLUNTARY ACTS.

Where the Act raising the presumption of Insolvency is committed by the trader, not by his own will, but by the will of some other person, through process of law.

These are ten in number:

1.-Lying in prison for debt twenty-one days.-6 Wm. IV., c. 14, s. 21. 2.-Privileged trader not paying, securing, or compounding to satisfaction, &c., upon Creditor's affidavit filed in any Court of Record in Dublin.--6 Wm. IV., c. 14, s. 26.

3.-Privileged trader not paying money under decree or order of any Court of Equity.-6 Wm. IV., c. 14, s. 27.

4.-Not appearing to Creditor's summons, under ss. 11 & 12 of same Act.-12 & 13 Vic., c. 107, s. 13.

5.-Appearing upon summons, but refusing to admit the demand.12 & 13 Vic., c. 107, s. 13.

6.-Appearing upon summons and signing admission of demand, yet not paying or securing to satisfaction of Creditor.-12 & 13 Vic., c. 107, s. 14.

7.-Appearing upon summons and signing an admission of part of demand, yet not making deposition of good defence as to residue, and then not paying or securing to satisfaction, &c. the sum so admitted.-12 & 13 Vic., c. 107, s. 15.

8.-Not paying or securing to satisfaction judgment debt upon execution, where no set off-12 & 13 Vic., c. 107, s. 20.

9-Not paying or securing to satisfaction, &c. decree or order of Court of Law or Equity, Bankruptcy or Lunacy.-12 & 13 Vic., c. 107,

8. 12. 10.-Not paying or securing to satisfaction, &c. of creditors for £100, £150 or £200 respectively, as therein set forth after affidavit of debt and notice to pay.-12 & 13 Vic., c. 107, s. 24.

1. Lying in Prison for debt twenty-one days.]-By 6 Wm. IV., c. 14, s. 21, which is a copy of 6 Geo. IV., c. 16, s. 5, Eng. it is enacted "that if any such trader having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall, upon such or any other arrest or commitment for debt or non-payment of money, or upon any detention for debt, lie in prison for twenty-one days; or having been arrested or committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him and not discharged, every such trader shall be thereby deemed to have committed an act of Bankruptcy." A similar clause was in 1Jac. I., c. 15, s. 2, and in 21 Jac. I., c. 19, s. 2, varying principally in the period of the imprisonment required to constitute an act of Bankruptcy; and, also in the clause of relation back to the time of the arrest, which is altogether omitted in 6 Geo. IV. and 6 Wm. IV. The period of imprisonment in statute, 1 Jac. I., was six months; in statute 21 Jac. I., two months, and in 6 Wm. IV., but twentyone days. But by this section of 6 Wm. IV. it is provided, "that if any such trader be in prison at the time of the commencement of this Act, such trader shall not be deemed to have commited an act of Bankruptcy by being in prison, until he shall have lain in prison for the period of two months." The day of arrest or commitment is reckoned inclusive-Glassington v. Rawlins, 3 East 407-and the docket may be struck and the fiat issued on the last of the twenty-one days, if the act of Bankruptcy is actually completed before the date of the fiat: Ex p. Dufrene 1 V. & B. 51. In this case "fiat" in England will he found equivelent to "commission" in Ireland. This act not being completed until the twenty-one days are expired, does not relate back to the first day of the arrest or imprisonment, as under the former statutes-Higgins v. M'Adam, 3 Y. & J. 1: Moser v. Newman, 6 Bing. 556-and to make it an act of Bankuptcy, the trading must be before the imprisonment: Ex p. Lynch, Mont. 453. But there must be an uninterrupted imprisonment of twenty-one days under the arrest or commitment. If a man arrested, be bailed out before the expiration of twentyone days, and afterwards render in discharge of his bail and remain in custody twenty-one days or upwards, this act of Bankruptcy will commence on the day of render, and not on that of the original arrest: Ex p. Dufrene, 1 Ves. & B., 51; Tribe v. Webster, Willes, 464. If a trader arrested by a sheriff's officer be allowed to go at large for a few days, and then return into custody, and he be removed by hebeas into the custody of the marshal, and remain there the requisite time, the uninterrupted imprisonment commences upon his return into custody, Barnard v. Palmer, 1 Camp. 509. Where a trader was arrested, but being too ill to be removed, was allowed to remain in custody of the bailiff's follower, and was afterwards removed to a lock-up house, as soon as it could be accomplished with safety; it was holden that the imprisonment commenced at the time of the arrest; because there had been, in fact, a continued imprisonment from that time: Stevens v. Jackson, 4 Camp. 194: Marsh, 459, 6 Taunt, 106. So where a man was arrested and sham bail put in for him, merely for the purpose of having him removed to the prison of the court, and he was removed accordingly, the lying in prison was holden to

commence on the day of the arrest, and not on the day of the render; for there was, in fact, no interruption of the imprisonment, but a mere transfer of the prisoner from one custody to another: Rose v. Green, 1 Burr. 437. So, also, having the benefit of the day rules is not an interruption of the imprisonment, for if the party is not actually within the walls, he is attended by an officer, or on security for the day, and bound to return in the evening: Soame v. Watts, 1 Car. & P. 401. Where the arrest or commitment is for a debt, it must be a legal debt; and, therefore, lying in prison upon an arrest, at the suit of an executor before probate, is not an act of Bankruptcy: 3 Lev. 439; Cooke, 113. Formerly a person in custody for a crime (unless in custody under the commissioner's warrant for not answering-R. v. Page, 7 Price, 616, or the like)-could not commit an act of Bankruptcy by lying in prison, even although he, at the same time, were detained for debt, and remained in prison twenty-one days after such detainer-Ex p. Bowes, 4 Ves. 168; and see Ex p. Hylliard, 1 Atk. 147—but this is now altered by the above section of the present statute, which, after mentioning an arrest and commitment for debt, says "or having been arrested and committed to prison for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him," &c. And it has been recently holden that lying in prison, detained for the non-payment of exchequer penalties for smuggling, was an act of Bankruptcy: Cobb v. Symonds, 1 D. & R. 111; 5 B. & A. 516.

2. Privileged Trader not paying, or securing, or compounding to satisfaction, &c., upon Creditor's affidavit, filed in any Court of Record in Dublin.]— This Act is so little applicable to Ireland that it is deemed unnecessary to occupy either time or place with the subject. The 6 Wm. IV., c. 14, s. 26, Ir., which creates this Act of Bankruptcy, is merely a copy of 6 Geo. IV., c. 16, s. 10; see Arch. B. L. 524; De Gex, B. L. 87, &c.

3. Privileged trader not paying money under decree or order of any Court of Equity.]-The same observations may be applied to this as to the last Act of Bankruptcy, and the like authorities referred to.

4. Not appearing to Creditor's summons, under sections 11 & 12 of same Act.]-By 12 & 13 Vic., c. 107, s. 13, Ir., a new Act of Bankruptcy is created, copied directly from 5 & 6 Vic., c. 122, s. 13, Eng. It enacts that if any such trader so summoned, as aforesaid, shall not come before such court at the time appointed, (having no lawful impediment made known to, and proved to the satisfaction of, the court at the said time, and allowed,) or if any such trader, upon his appearance to such summons as aforesaid, or at any enlargement or adjournment thereof, (as the case may be,) shall refuse to admit such demand, and shall not make a deposition in the form hereinbefore mentioned, that he believes he has a good defence to such demand; then, and in either of the said cases, if such trader shall not within fourteen days after personal service of such summons, or within such enlarged time as may be granted to him in that behalf, pay, secure, or compound for such demand to the satisfaction of such Creditor, or enter into a bond in such sum, and with two sufficient securities, as such court shall approve of, to pay such sum as shall be recovered in any action which shall have been brought, or shall thereafter be brought, for the recovering

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