Page:United States Reports, Volume 2.djvu/68

 62 · Cases ruled and adjudged in the !79¤· Etion, as owners, that in every {'ueh cafe, the {'aid commillioners, the fame, toand for the benefit of the creditors, which {hall {eek relief by the {`aid commillion, asfully as any other part of the l eltate of the bankrupt." 21 fac. 1. c. r9.  11. “ Andbe it further ena&ed, 8te. That, if any perfons {hall become bankrupt, and, at {`uch time, by confent of the own- er, have in their po{I`e{lion and difpolition, any goods whereof they {hallbe reputed owners, and take upon them the {`ale, or difpolition, as owners, the commiilioners {hall have power to {`ell the fame, {or the benefit of the creditors, as fully as any 0- thcr part of the eltate of the banlrrupt." Perm. Law: 2 Vol. Dull. Edit.- p. 376. jI 20. ' For the defendant (whofe counfel opened the cafe) two points were made : rlt. That by the bankrupt law of this State, all the propert of abankrupt, whether in polfellion, or in aélion, or of which he was reputed owner, at the time of the bankrupt- cy, vellas in the commillioners and allignees. 2dly. That even if thelaw, thus {lated, might be deemed too general, and not applicable to the cafe of faflsors, executors, 8tc. yet, where the fpeciliclien of the principal, upon goods configned on his ac- count to a fa€tor, is deltroyed by {`ale, or otherwife, he can only come in for a_ dividend with the general creditors, upon the bank- ruptcy of the faélor. V . y?. Point. There is a material difference between the analo- gous claufe in the 2I fac. 1. c. 19. ji 11. and the 20. l`e€tion of the acl: of Pemfylvania. 2 Dall. Edit. p. 370. 2 Bl. Cam. 485. For, the latter has no preamble to explain and mark its meaning, as the Englyb {tatute has, and, on the conltruétion of which, all {`ueh elieéls are excepted, from the {`ale of the bank- rupt’s goods, as he held in num- drvit. Thus 3 Burr. 1369, Lord Mzmlfeld, proceeding doubtlefs on the ground of the pre- amble to the {latute, {`ays, “ if an executor becomes bankrupt, the commillioners cannot feize the {`pecilic effe&s of his tella- tor; not even in money, which fpecilically can be dillinguilhed, and afcertained to belong to the tellator, and not to the bank- rupt him{`elf.” But the meaning of the acl of Alfembly, un- qualified by any introduétory explanation, mufl relt entirely on the words of the {`eélion; and thoie clearly embrace all the pro- perty of thc bankrupt, of which he was uétual, or reputed, owner at the time of his failure. 2d. Point. But whatever way that queflitm may be decided, it was urged, that the fpeeilie lien of the plaintiff was dcitroycd by the fale, before Pollard became abankrupt. Bulh N. P. 43 : It is true, that if the goods had remained in {`pecie, the plain- r tilf’s lien would have excluded the claim of the general credi- tors 5 2 Hz. 585. 2 All. 623. 1 A1':. 234.;but as they were aélually
 * 'V" orthe greater part of them, {hall have power to fell and difpofe

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