burdock case equity case abridge er on a petition pray to be admit a creditor  on a note Payable at a future day give for good sell and deliver the  commissioner have refuse to admit the petitioner as such in regard the  bankruptcy be between the date of the note and time of payment Parker c say  that this come improper before he for his determination on a petition that he  have nothing to do in such case but to direct and see that the commissioner do  their duty and can order they to admit any one creditor but say he may stay so  much money in the commissioner Q if it shall be assignee hand as will answer  the proportion of the debt in case it shall be allow of and that a bill may be  bring for that purpose in order to determine it object that bankrupt may plead  certificate and discharge at law if a action be bring on such a note but per  cur that be not so because the clause say causan act accrue before the  bankruptcy which can be in this case till the money be Payable and why may not  such a note for a precedent debt be say debt is owed in present time to loosen  in going to be as to the honesty of the note that may be inquire into and will  be no objection because the honesty of a judgement bind c be liable to the  same inquiry and though this note be give to S who be now abroad yet it be now  assign to another there be no occasion for a inquiry on what term it be give  he and to call he to be examine to it because prima fancy equity case abridge  it carry the face of truth it be usual not to grant a Commission on the  petition of creditor on suck note till the day of payment come vide the Act  Geo l cap this page trin b Geo burdock case vin Abr pl b Q term vin Abr pl in  Marg say in mich Vac the eastindia company pray by petition to be admit as a  creditor on a sale of their good at a future day but refuse be a case not  within the stat Geo c and petition dismiss without prejudice to their seek to  recover at law and Mr viner by way of n b say the company in this case insist  on several allowance as interest warehouse room c but not allow for even in  the case of a bind no consideration shall be have or allowance make for  interest after the time of the bankruptcy if a bind or note be give by a  trader upon a contingency and before it happen the obligor or giver of the  note become a bankrupt and then the contingency happen this be not within the  stat Geo cap neither shall the debt arise after the bankruptcy be satisfy  under the Commission per king c will Rep ex part eastindia company S p by Lord  Ch just Raymond stram r equity case abridge er p raym Barnard king b S p by  Lord chance Macclesfield vin Abr pl S p by Lord Chanc Talbot vin Abr pl atk  Rep Lord Chanc Hardwicke say that as to the case in will Rep it be bare a  opinion of Lord c king and not the case in judgement but thus he do obiter  declare his opinion only that Lord c Talbot afterward doubt of Lord c king  opinion and that in a case he Lord c Hardwicke have differ from l c king  entire and have no occasion to alter his opinion atk Rep but if the  contingency happen before the bankrupt estate be full distribute such creditor  shall come in pro rata vide ex part caswell c Eq can Abr p c former in case a  trader contract a debt Payable at a future day and afterward but before the  day of payment become a bankrupt this not be a debt until after the bankruptcy  at which time the bankrupt can not do any Act to alien or lessen his estate to  the prejudice of his creditor such contract be hold void and the creditor not  allow to come in for a satisfaction under the Commission and in some case it  be think hard that if one on the buy of good or for other valuable  consideration shall give a bind or note under his hand Payable at a future day  and actual have the good deliver to he or the money lend he and before the day  of payment the debtor shall become a bankrupt that in this case the creditor  can not come under the Commission wherefore for the remedy of this the statute  of the Geo cap c be make which sect enact that every person who shall give  credit on security Payable at future day to person who be oh shall become  bankrupt upon good consideration good fide for money or other thing hot due  before the time of such person become bankrupt shall be admit to prove their  security or agreement as if they be Payable present and shall have a dividend  in proportion to the other creditor discount pound per cent per Ann from the  actual payment to the time such money will have become due and sect the  bankrupt shall be discharge from such security as if such money have be due  before the time of his become bankrupt ex part east India company will