case Maccarty against barrow a bill draw before a bankruptcy though not  protest till after be a debt and may modern er p be prove under the commission  against the drawer SC stram SC bar king b S p Kel SC will SC cook b l Mr folk  move to discharge the defendant who be in execution at the plaintiff suit the  motion be find on a certificate under a commission of bankruptcy obtain before  the twentyfifth of march last accord to the statute Geo c S the fact upon show  cause appear to be this the action be bring upon several bill of exchange to a  considerable value which be draw by the defendant in the month of December  upon a merchant at bilboa in Spain Payable to the plaintiff and by he  immediate transmit to Spain in order to be accept by the person on who they be  draw the drawee refuse to accept they and upon his nonacceptance they be  protest and transmit again to the plaintiff in England in the month of  February follow who bring this action against the drawer but between the time  of draw these bill and the time of apply to the defendant for the payment of  they after they have be protest for nonacceptance videlicet the thirteenth of  January a commission of bankruptcy modern issue against the defendant under  which he have not regular obtain the certificate which be now produce to the  court Mr strange for the plaintiff insist first that the plaintiff cause of  action do not accrue until after the issue of the commission c that the drawer  of these bill be not Chargeable until there have be a tender of they to the  person on who they be draw and nonacceptance by he and a regular protest and  therefore as the cause of action be subsequent to the commission the plaintiff  can not have come in as a creditor under the commission and consequent that  this certificate will not affect the plaintiff demand second he insist that  this court have no power to discharge the defendant in this summary way but  that the party remedy be by hearing complaint he admit that by the Geo c there  be such a provision make for the discharge of the bankrupt in this manner  where judgement be obtain against the bankrupt before he have his certificate  for that be casus to let go in the Geo c be remedy by the Geo c but the Geo c  be a temporary Act and be expire and the late statute of the Geo c refer to  the Geo c only and therefore there be no power in the court now subsist to  discharge the defendant in this case three he insist that the defendant ought  to make it appear that these bill of exchange be give before any act of  bankruptcy commit and it be not sufficient to show they be draw before the  issue of the commission the act of bankruptcy may be commit several year  before the commission issue and that be once commit can never be purge and if  they be draw between the time of the act of bankruptcy and the date of the  commission there can be no pretence for this application no Act of parliament  whatsoever make any provision for the discharge of the bankrupt in any other  case than when the debt for which the action be bring be contract before the  act of bankruptcy commit and not before the issue the commission Mr folk for  the defendant insist first the objection that the plaintiff can not come in as  a creditor in this case under the commission because his cause of action  against the defendant be subsequent to the time it issue be unfounded for the  defendant in this case become immediate a debtor to the plaintiff upon draw  the bill this be debt is owed in present time though to loosen in going to be  and be a case clear within the provision of the Geo c which enable creditor of  a bankrupt for money Payable to they at a future day to come in for their  proportion of the bankrupt estate discount their security after the rate of  five pound per cent per annum modern second I admit there be in the Geo c no  relative word to the Geo c upon which this power of discharge be find but that  power be original inherent to this court by the principle of the commonlaw and  therefore no such word of reference be necessary to give this court a  jurisdiction in this case modern er p three as to the last objection it be to  be presume that the act of bankruptcy be commit about the time of issue the  commission and if the bill be draw after the bankruptcy commit that be a fact  which the plaintiff ought to make out for his own benefit Mr strange in reply  the Geo c extend to security only Payable at a future day which be take upon  the sale of good and merchandise as appear by the preamble of the Act and the  word such security c and this do not appear to be a case within that Act  probin justice it seem clear that the drawer of these bill be a debtor by  relation from the time they be draw therefore if a drawee refuse to accept a  bill of exchange a action will lie against the drawer of it before it become  Payable bright v purrier bull n p p Milford v mayor dougl so the endorsee of a  promissory note may be discharge under a insolvent Act before the note be due  Harman v leak Cowp a lee justice be of the same opinion he hold likewise that  the Geo c extend to this case for though the preamble mention only security  for the sale of good and merchandise c yet the enact part be more general and  comprehend all sort of security Payable at a future day the court hold  likewise that it be incumbent on the plaintiff to show that the bill be draw  after the bankruptcy be commit if he will have advantage thereof the defendant  be accord discharge see the case of Chilton v whiffin will b