On  the  31st  July  the  vesting  order  was  made,  i.  e ,  after
action.
Keane,  to  prove  the  plea,  put  in  the  adjudication  and
the  schedules,  and  identified  the  bill  declared  on,  with  one
included  in  the  schedule,  and  then  proposed  to  put  in  an
office  copy  of  an  affidavit  in  the  Insolvent  Court,  in  which
the  deponent  stated  that  he  had  on  a  certain  day  duly
served  a  copy  of  the  notice  by  posting  the  same  to  the
creditors.
Honyman  objected,  and

Keating,  J  ,  doubted  whether  it  could  be  admitted  as
evidence  of  the  fact  of  service  of  the  notice.
Keane  thereupon  withdrew  it,  and  recalled  the  bankrupt,
who  stated  that  when  he  became  bankrupt  he  had  left  his
house  not  entirely,  but  from  time  to  time  returning,  not


662


CASES  AT  THE


1861.
Pennell.
and  Another
o.
Cornish.
finally  leaving  until  September  last  He  could  not  say
that  he  had  received  the  notice,  but  would  not  swear  that
he  had  not  heard  of  it,  and  admitted  that  he  had  heard  of
the  insolvency.
Keane  then  contended  that  his  proof  bad  gone  far
enough,  that  the  order  was  primA  facie  sufficient,  and  that
in  the  proceedings  there  was  some  evidence  of  notice,
which  it  was  for  the  plaintiff  to  get  rid  of.
Honyman  contended  that  there  was  no  proof  of  notice.
Keating,  J. — If  it  is  necessary  for  the  defendant  to
prove  notice,  I  do  not  think  it  is  proved.  If  it  is  necessary
for  the  plaintiff  to  disprove  it,  I  don't  think  it  is  dis-
proved. But  if  it  is  to  be  pressed,  it  is  a  question  of  fact
for  the  jury.
