(w) Ex parte Rashleigh; Ex parte But-terfill, 1 Rose, 192. In this case it was attempted by counsel to show that the commissioners were bound by a verdict rendered. Lord Chancellor Eldon said: " I am quite clear that the commissioners are not bound by the verdict, if circumstances present themselves in a credible shape, leading them to doubt the propriety of it; and the judgment after the commission is just nothing at all. Their

Jurisdiction, like the Chancellor's, is both legal and equitable; and if there are equitable grounds upon which the verdict cannot stand, they are not only authorized, but it is their duty to inquire into them, and the verdict will not conclude either the bankrupt or the creditors. It is competent to any creditor of the bankrupt, or to the bankrupt himself, to impeach the verdict, which, before it is matured into a judgment or execution, is only prima facie evidence of a debt." Deacon on Bankruptcy, 197.

(x) "Proof upon a judgment will not stand merely upon that, if there is not a debt due in ' truth and reality/ for which the consideration must be looked to." Lord Eldon, in Ex parte Bryant, 1 Ves. & B. 211. "The commissioners clearly sent by a debtor in part payment of a mortgage debt does not create a "mutual" credit, which the creditor, on the debtor's bankruptcy, can set off against an unsecured debt of the latter. Libby v. Hopkins, 104 U. S. 303. The holder of an equitable title cannot set off a debt due by him personally to the bankrupt. Re Lane, etc. Co. 2 Lowell, 305. - K.

1 So a lien obtained on a debtor's goods, through a judgment for a debt not yet payable, is invalid against the assignee in bankruptcy of the debtor. Partridge v. Dearborn, 2 Lowell, 286. - K.

A judgment may have the effect of making a claim provable, which of itself would not lie. Thus, if one brought his action even for assault, or slander, - no claims for which would, as we have seen, be provable, - and his action ripens to judgment before the insolvency, there is no more reason why he may not prove this judgment debt, than why he should not prove a promissory note given for the same cause, (y)l A mere award of referees does not change the nature of the claim, (z)