VARIANCE - continued. what fatal in the averment in a declaration of the issuing of the com. what in the description of the assignees, 732. VENDITIONI EXPONAS; and see" Extent.” operation of, 491. VENDOR, has a lien upon an estate for the purchase-money, 209. 487. of standing timber, though part felled, has a lien on the remainder, ib. unless he relies on the personal security of the purchaser, ib. Stop- contract of sale may be rescinded by countermand before goods are de though countermand not received until after actual delivery, ib. VERDICT, in tort, if judgment not before bankruptcy, insufficient debt to support a or to be received in proof, 197. only prima facie evidence of a debt, ib. his jurisdiction in bankruptcy, 14. power to supersede a commission, 14. 829. may hear a petition for a procedendo, 14. and certify the propriety of awarding it, ib. a trader, 25. VOLUNTARY BOND, may be proved with a view to the surplus, 306. by bankrupt (being at the time insolvent) void, 365. by executor to cestui que trusts, when good, 366. made by a party not indebted at the time, good, ib. to secure the debt of another person not fraudulent, ib. good for all purposes except as against the creditors of a bankrupt, ib. VOLUNTARY PREFERENCE. See " Assignment,” 6. WAGER, W when a party may recover back the money he has paid, 308. WAIVER OF LIEN, 873. See " Lien." a trader, 25. WARRANT, of seizure, 142. 152.; and see " Messenger." "Commissioners." WARRANT OF ATTORNEY, when a good petitioning creditor's debt, 91. 66 Excise." Commissioners." WARRANT OF COMMITMENT, 150.; and see "Commitment." "Bank- how far evidence of imprisonment in actions against commissioners, 167. where there should be a supplemental one, 528. WASTE, Lord Chancellor may restrain assignees from committing, 18. assignees not entitled to detain any part from bankrupt, 384. a trader, 25. has a general lien, 483. WIFE, unless his dealing is inconsistent with any right to retain, ib. when debt due to dum sola, who must be petitioning creditor, 99. debt due to, or from, dum sola, cannot be set off by or against the husband, 715. but a legacy to a feme covert may be set off against the husband, 714. denial by how proved, 58. cannot be a witness to support commission, 139, 796.; to what she may be examined before commissioners, 158. How Assignment operates on her real Estate, 370. assignees have the same interest as the bankrupt had, ib. and see "Evi- if bankrupt seised in her right assignees entitled during coverture, ib. nor barred by an uncertain provision in lieu of dower, ib. nor by a settlement made by bankrupt before he was seised in where lands devised for her separate use, not subject to busband's where bankrupt in equity a trustee for wife, assignees will be so, ib. but covenant that husband would, in case of her death, transfer a sum to but this a personal right of wife, and not extended to the children 374. whether equity will assist her, when assignees can get legal possession of settlement before marriage good against assignees, 375. so after marriage, if upon payment of money to husband as a portion, ib. where a covenant in deed of separation good against creditors, 376. WIFE OF BANKRUPT - continued. How Assignment operates on her personal Estate. a chose in action of wife dum sola passes to the assignees, 376. and mortgages, ib. whether chose in action of wife's, not reduced into possession by nor where there is a similar limitation of it in a settlement, 378. or in trust to pay the annual produce into her proper hands, ib. a divorce does not entitle the wife to the whole of a fund previously property of when sole trader in London does not pass to assignees, ib. but where the goods were left in possession of husband till the day dividends receivable by bankrupt for life belong to assignees, 380. WITNESS; and see "Examination." "Evidence." must attend in person to prove the trading, 139. except when, ib. when objection to competency should be taken, ib. as to protection of when attending the commissioners, 145. alleging himself to be a creditor no excuse for refusing to attend 154. attending commissioners privileged from arrest, 160. when arrest of amounts to a contempt, ib. as to his application for discharge when so arrested, 161. costs of the application, ib. when necessary expenses must be previously tendered to, 161. 848. WORKMANSHIP OF GOODS, when a trading, 27. WORKMEN FOR HIRE, exempt from bankruptcy, 34. 997 ADDEND A. PAGE 13. Add to Note (2)—" or to order the messenger Jurisdic(who had possessed himself of property of a bankrupt under tion. a commission which was superseded) to account for the same to assignees under a subsequent subsisting commission. Ex parte Shaw, 2 G. & J. 73.” Ibid. Note (4)-"Where, however, a petition by an assignee under a second commission prayed, that the petitioning creditor under a prior commission (who had received a sum of money from the bankrupt, on condition of not proceeding with such commission, and had accordingly abandoned it,) might refund the money so received, the Vice-Chancellor dismissed the petition with costs, on the ground that the Court had not jurisdiction. Ex parte Marshall, 2 G. & J. 53." Page 17. Note (1)—" But upon a similar application, where the acceptor had accepted the bills for the accommodation of the drawer, Lord Eldon decided, that he had in this case jurisdiction to entertain the application; and that the relief, which the drawer was entitled to, was not to be defeated by his joining the acceptor in the application. Ex parte Hippins, 2 G. & J. 93." 66 Page 56. Add to Note (5) - or a denial to one person Denial. calling to make inquiries about a dishonoured bill of ex change, whom the bankrupt considered a creditor. Bleasby v. Crossley, 2 Carring. & P. 213." · Page 92. Note (7) "And it has lately been held by Petitionthe Vice-Chancellor, that a creditor, whose debt had been ing credi tor's debt. Petition tor's debt. Statute of limitations. Docket. Affidavit. Amendment. Joint commission. Country commis. sion. Pomitted in the schedule filed by the insolvent, might maintain a commission founded on that debt. Ex parte Shuttleworth, 2 G. & J. 68." Page 94. Add to Section I. "But the creditor, who makes the application, must first go before the commissioners, to have the debt of the petitioning creditor expunged. Ex parte Chappell, 2 G. & J. 131.” Page 99. Note (2)—" It appeared, however, upon the last argument of this case, that the different writs (relied on to save the statute of limitations) had not been returned and filed, nor the continuances entered on the roll, until after the issuing of the commission. 5 B. & C. 341." Page 108. Note (6)" But this is not the case, where an order has been obtained to amend the commission upon bringing in new docket papers, notwithstanding they are not brought in before the application for the second docket. Ex parte Harman, 2 G. & J. 25." Page 109. Note (6)❝It is, also, no objection to the affidavit, that it is sworn before the solicitor suing out the commission. Re Sir William Elford, 2 G. & J. 65.; Re Whittle, ib. note (a). Page 120. Note (2) "But in a recent case, where the name of one of the commissioners was spelt wrong, Lord Eldon permitted the mistake to be amended, though the commission had been opened, and the bankruptcy declared; but he ordered the other commissioners to proceed to a new adjudication. Re Barber, 2 G. & J. 81." Page 133. Add to Section 4." And when a separate commission is issued against one partner after a joint commission against the other partners, the commissioners must proceed under the several commissions as they are brought before them; since it is impossible for them to know beforehand which, in the result, will be available. Ex parte Price, 2 G. & J. 161." Page 147. Note (7)" And Lord Eldon lately said, he would make an order, that no attorney should in future sue out a country commission, without certifying that no |