Barnardiston king b macartney and barow vide ante this matter come on again Mr  folk argue for the defendant he say he do agree that the statute of Geo which  be mention on the former motion be a temporary Act he do agree that the  statute of Geo have relation to the former statute but yet as no time be  mention for the expiration of that statute he submit it it be a perpetual law  and subsist at this day the word of that statute he say be that every bankrupt  obtain a certificate shall be discharge from all debt due and owe at the time  he become a bankrupt the bill of exchange which the defendant draw by the very  draw they become debt of the defendant for which reason he submit it that this  certificate be a full discharge of those debt by the word of the Act of  parliament but if there be any doubt upon that statute the Act of Geo have  make the present case more clear for that Act provide that the bankrupt shall  be discharge from all debt contract at that time though Payable at a future  day if this be so he say there will be no doubt as to the second objection  that be make upon the former motion that the present application of discharge  the defendant upon motion be very regular Mr strange argue on the other side  and submit it that it appear from what be allow by Mr folk that the statute of  Geo expire with the statute of the that and as to the statute of the that he  say he apprehend that be confine to such credit only as be give for good sell  in trade which appear by the preamble of that statute and he have a affidavit  to produce that the present bill be draw for money lend the defendant by the  plaintiff but what he principal rely upon in the present case be that it be  incumbent upon the other side to ascertain the time by affidavit when the  defendant become a bankrupt the act of bankruptcy make he one and not the  commission the act of bankruptcy must be presume to be before the commission  and it may have be so long before as to have be precedent to the draw of the  bill this fact he say be in their knowledge and not in the plaintiff the proof  therefore of that fact be incumbent upon they and not upon the plaintiff and  if the fact be so that the bill be draw after the act of bankruptcy there be  no pretence to say that the certificate be a discharge of they the court say  as the fact stand at present they will take the act of bankruptcy to be just  before the sue out the commission and if the plaintiff insist upon the  contrary if he insist upon it that the present bill be draw mean between the  act of bankruptcy and the commission that fact be incumbent upon he to make  out and as he have not do it they will take it to be otherwise then as to the  statute of Geo they be of opinion it be a perpetual Act and they think the  present defendant well relievable under it and if he be not under that statute  they shall have Barnardiston king b think he clear will have be under that of  the that accord they make the rule absolute