JUDGMENT Jenkins, C.J. - This appeal arises out of a petition presented under the Provincial Insolvency Act of 1907 by a debtor asking that he may be adjudicated an insolvent. Of the twenty-five creditors mentioned in the schedule only one objected, and he is the Respondent now before us. The result of his objection was that the learned Judge dismissed the petition on the ground that he was not able to satisfy himself that the debtor was unable to pay his debts. Now, sec. 4 of the Act provides that the presentation by the debtor of a petition to be adjudged an insolvent is an act of insolvency, and prima facie, the debtor is entitled to an adjudication, unless some ground is shown for the dismissal of his petition. The mere fact that the Judge was unable to satisfy himself that the Petitioner was unable to pay his debts is not such a ground. The only authorized ground that approaches it is that if the debtor satisfies the Judge that he is able to pay his debts, then, under sec. 15, the Court should dismiss the petition. That obviously is a provision that has no application in this case. The Respondent, the objecting creditor, who secured the dismissal of the petition now withdraws his objection, and it is to his interest that there should be an adjudication of the insolvency. 2. We, therefore, reverse the order of the District Judge and make an order adjudging the debtor an insolvent. We make no order as to costs. Coxe, J. I agree.