ARGUED AND DETERMINED IN THE Court of Exchequer, IN HILARY TERM, 9 & 10 GEO. IV., AND THE SITTINGS AFTER. MEMORANDA. On the first day of this Term, Thomas Denman, Esquire, took his seat within the bar of this Court, having, in the previous vacation, received a patent of precedence. During the Term, Edward Goulburn, Esquire, was raised to the degree of the Coif, and gave rings with the motto:-" Nulla retrorsum.” EXCHEQUER OF PLEAS. 1829. HIGGINS, Assignee of CARTMELL, a Bankrupt, v. M'ADAM. ruptcy by lying in prison twen ty-one days under the statute 6 Geo. 4, c. 16, s. 5, does not relate to the time of the arrest. The twenty-one days during which a trader must lie in prison to constitute an act of bankruptcy under the statute 6 Geo. 4, c. 16, s. 5, are reckoned inclusively. A plaintiff in execution upon a judgment by confession ceases to be a creditor having security for his debt within the statute 6 Geo. 4, c. 16, s. 108, when the goods seized under that execution are sold, even though an act of bankruptcy be committed before the return of the writ. The acts of a special bailiff appointed by a plaintiff in execution, who indemnifies the Sheriff, are equivalent to the acts of the plaintiff himself; and therefore, where a plaintiff in execution upon a judgment by confession, appointed a special bailiff who seized and sold goods during two days, for part of which he received the money, and for the rest gave credit, before an act of bankruptcy was committed by the defendant, it was held that the plaintiff was entitled to retain the proceeds of those sales against the assignees, although the fi. fa. was not returnable before the act of bankruptcy. 1829. HIGGINS V. M'ADAM. 6 Bli-314 1A+E/NS/312 Exch. of Pleas, use of the assignee of Robert Cartmell, a bankrupt. The defendant pleaded the general issue. The cause came on to be tried at the last March assizes for the county of Lancaster, before Mr. Baron Hullock, when a verdict was found for the plaintiff, with 2417. 4s. 11d. damages, subject to the opinion of the Court on the following case. "The plaintiff in this action is assignee of the estate and HJM MY. 144. effects of Robert Cartmell, late of Penrith, gunsmith and qM W. 374 iron dealer, under a commission of bankrupt, dated AuMril - 35~ gust 30th, 1827. The trading and a sufficient petitioning creditor's debt were proved. The act of bankruptcy was committed by the bankrupt lying in gaol more than twentyone days upon an arrest for debt. He was arrested for debt on the 4th July, 1827, under a Capias ad respondendum at the suit of a creditor, and remained in custody on that arrest until the 5th July, when he was taken to the county gaol, where he continued in prison upon the same arrest until the commencement of this suit. The action is brought to recover 2417. 4s. 11d. as the proceeds of the stock in trade and other effects of the bankrupt, sold under a writ of fi. fa. directed to the Sheriff of Cumberland, grounded on a judgment by confession entered up on a warrant of attorney given by the bankrupt to the defendant. The warrant of attorney was given on the 18th June, 1827, and was filed on the 29th of the same month, when judgment was signed, and a writ of fi. fa. was issued; and, on the evening of July 3rd, 1827, the seizure of the bankrupt's effects was made. The sale of the effects under the execution began on the 23rd, and continued during the 24th and 25th days of July. The goods were sold by auction, some on the 23rd, for prices amounting to 947. 13s. 8d., others on the 24th, for 807. 8s. 11d., and others on the 25th July, for 66l. 2s. 4d. A son of the defendant's attorney, who was his clerk, attended the sale as clerk of the sale, and received the money, which was paid to him as clerk of the sale, to the amount of 50l. on the 23rd, |