4. (Mutual liability.) One of the assignees, having the sole charge of paying the dividends, pays the dividend of a creditor to a person who is not duly authorized to receive it. The two other assignees are equally responsible to the creditor for the amount of the dividend.-Exp. Winnall, D. & C. 22.

ATTORNEY AND SOLICITOR.

1. (Proceedings.) The solicitor is bound to deliver up the proceedings to a fresh solicitor appointed by the surviving assignee, without waiting till a fresh assignee is chosen in the room of the one who is dead.—Exp. Ackroyd, D. & C. 21.

2. (Jurisdiction over.) The Court will only exercise a summary jurisdiction over an attorney, when he is acting in the character of an officer of the Court, and not in ordinary cases between attorney and client.—Exp. Bull,

D. & C. 126.

3. (Purchasing bankruptcy property.) The Court will not depart from the general rule, that the solicitor to the commission shall not be allowed to purchase any part of the bankrupt's property.-Exp. Farley, D. & C.

110.

4. (Admittance.) A party, under special circumstances, was admitted an attorney nunc pro tunc.-Exp. Tanner, D. & C. 10.

5. (Liability of.) Where unfounded charges of corruption were brought against commissioners by a petitioner, who appeared to be the tool of other parties, the Court ordered the commissioners their "costs, charges, and expenses," and suspended the order until the attorney for the petitioner should show cause why he should not personally pay the costs. Exp. Williams, D. & C. 103.

CERTIFICATE.

Where a joint certificate had been duly signed, and one partner died, the Court ordered that it should be advertised, and allowed as the separate certificate of the survivor. (Exp. Cossart, 1 G. & J. 248; Exp. Currie, 10 Ves. 51.)-Exp. Carter, M. & A. 115.

COMMISSION.

The Court will in all cases uphold the General Order of Lord Loughborough, which directs that in country commissions there must be inserted the names of two barristers.—Exp. Kilsby, D. & C. 19.

The Sub-division Court cannot commit on an adjourned examination, after merely asking, "do you abide by your former answers;" the party must be re-examined before the three judges who are to commit finally.Exp. Bardwell, M. & A. 193.

See PRACTICE, 4, 19, 20, 21, 22.

COSTS.

1. (Discharge of a prisoner.) On a discharge under the habeas corpus

act, the assignees pay the prisoner's costs, where the estate is sufficient to repay them.-Exp. Bardwell, M. & A. 193.

2. (Petition to prove.) The costs of a petition to prove must be paid by the creditor if he adduces new evidence. If he succeeds on evidence which was tendered before the commissioners and rejected, it seems he may be entitled to costs.--Exp. Price, M. & A. 51.

3. (Proof.) A creditor tenders a proof which the commissioners reject in toto; and, after presenting a petition against their decision, an order is made, by consent, that he shall prove for a part of his original claim. The Court would not grant him costs out of the estate; but ordered each party to pay his own costs. (See Exp. Greenaway, Buck, 412; Exp. Fisk, M. & M. 93.)-Exp. Waterhouse, D. & C. 108.

4. (Rectifying order.) If an order on a petition by assignees to supersede an invalid commission, does not, through mistake, include the assignees' expenses of prosecuting the commission, the error cannot be rectified by a petition of rehearing. Query, whether the petitioning creditor is liable. (Exp. Baines, 1 G. & J. 259.)-- Exp. Burnell, M. & A. 38.

pe

5. (Security for.) The application for security for costs is strictissimi juris. Examining a witness before the commissioner as to the matter of the tition, and an application to the Court that the registrar may attend at the hearing of such examination, is a waiver of the right.-Exp. Tull, M. &

A. 80.

6. (On appeal from commissioners.) When the commissioners have exercised their judgment with respect to a proof of debt, and have refused to admit it, the successful petitioner against their decision is not entitled to costs, it being a general rule that costs cannot be so given when commissioners exercise their jurisdiction. (Exp. Fisk, M. & M. 93.)-Exp. Millington, M. & A. 114.

7. (Assignees.) If a bill filed by assignees be dismissed with costs, the Lord Chancellor has no jurisdiction to order the costs to be retained by the assignees out of the bankrupt's estate.-Turner v. Hibbert, M. & A. 243. FIAT.

1. (Auxiliary.) An auxiliary fiat was granted to examine witnesses in London, the original fiat being worked at Portsmouth, the auxiliary fiat being confined to such witnesses, so as not to interfere with the execution of the fiat at Portsmouth.-Exp. Carter, D. & C. 106.

2. (Minority of bankrupt.) A fiat was superseded, with costs to be paid by the petitioning creditor, on the ground of the bankrupt's minority; but the Court made no order for assigning the bond.-Exp. Hehir, D. & C. 107.

3. (Renewal.) A renewed fiat can only be taken out on the petition of a creditor whose debt would be sufficient to support an original fiat.-Exp. Maude, M. & A. 46.

INJUNCTION.

Where there are cross acceptances, and the right of set-off clear, the Court

will restrain the assignees from bringing an action against the acceptors of the cross bills who refused to pay because the bankrupts' had been dishonoured. Exp. Clegg, M. & A. 91.

LEASE.

(Bankruptcy of intended lessee.) An agreement for a lease is not annulled by the bankruptcy of the intended lessee.-Morgan v. Rhodes, M. & A.

214.

LIEN.

1. (Bills of exchange.) E. having procured goods, agreed with T. and M. that the latter should ship them on the joint account of the three. E. drew on T. and M. bills for the amount, which they accepted, E. engaging to renew the bills from time to time until the return proceeds of the goods were received. T. and M. shipped the goods, and directed the consignees to forward the accounts of sales and returns to themselves. P., at the request of E., discounted two of the bills, and E. undertook that the proceeds of the goods should be applied in liquidation of the bills; this undertaking P. communicated to T. and M., who made no objection. The parties all became bankrupt; and part of the return proceeds came to the hands of the assignees of T. and M.: Held, that T. and M. having agreed that their interest should go to pay the bills in question, and the goods having come to the hands of their assignees clothed with a trust, the assignees were bound to pay over the proceeds to the assignees of P.-Exp. Copeland, D. & C. 199.

2. (Sume.) The circumstances of this case were like those of the last, except that the bills were discounted by parties who had no knowledge of the bills being drawn on account of the joint shipment, and were not made acquainted with that circumstance until after the bankruptcies of T., M., and E.: Held, that the principle of the two cases was the same, that the holders took the bills with all the equities of the drawer, and that they had a lien on the returns of the shipment which came to the hands of the assignees of T. and M. subsequently to their bankruptcy. (Exp. Perfect, Mont. 25; Exp.Waring, 2 Rose, 182.)-Exp. Prescott, D. & C. 218.

MESSENGER.

After the lapse of five years, a messenger's bill cannot be taxed without a charge of fraud lately discovered.—Exp. Willment, M. & A.45,

MONEY LOST AT PLAY.

A petition to stay the certificate, charging, that the bankrupt admitted that he had lost 257. in one sitting, is demurrable; it ought positively to allege the fact, and that the money was lost in one day, the bankrupt being only thus barred of his certificate.-Exp. Crouch, D. & C. 17.

MORTGAGE.

1. (Equitable.) An equitable mortgage of leasehold property must satisfy a distress for rent out of the proceeds of the sale, and can only prove for the deficiency, although occasioned by the payment of the rent.-Exp. Cocks, D. & C. 9.

2. (Intended deposit of deeds.) Where freehold title deeds were intended to be deposited with an equitable mortgagee, together with deeds relating to leasehold property, and were accordingly specified in the memorandum of deposit, but not deposited, the freehold property was included in the order for sale of the mortgaged property.-Exp. Leathes, D. & C. 112. 3. (Delay in selling.) After an order for sale, obtained by an equitable mortgagee, if the assignees delay the sale; semble, that the course is not to present a fresh petition for a sale, but to prosecute the former order.Exp. Robinson, D. & C. 103.

4. (Leave to bid.) The Court will not rescind a purchase by the mortgagee because he bid without leave of the Court, no leave being necssary, although generally obtained.—Exp. Ashby, M. & A. 82.

5. (Power of sale.) A mortgagee, with a power of sale, himself put up the premises for sale, and then applied for leave to bid: Held, he could not be permitted, unless he waived the power, and had the property sold under the order of the commissioners, and came in under the fiat. (Exp. Hodson, 1 G. & J. 12.)-Exp. Davis, M. & A. 89.

PARTNER.

A solvent partner in a firm, one of whom has committed an act of bankruptcy, may bind the firm by his acceptance for a partnership debt previously existing, the acceptance being by indorsement in the hands of a bona fide holder for value, without notice of the act of bankruptcy. (Thompson v. Freere, 10 East, 418; Woodbridge v. Swann, 4 B. & Ad. 633.)—Exp. Robinson, M. & A. 18.

PETITION.

(Service of.) The petition of an equitable mortgagee must be served upon the assignees; service on the solicitor is irregular.-Exp. Cooks, D. & C.

24.

PETITIONING CREDITOR.

If money be advanced to a trader, to enable him to commence a trade, of which the lender is to share the profits, it is a good petitioning creditor's debt. Such debt may be proved. The debt is due without reference to the state of the partnership accounts.-Exp. Notley, M. & A. 46. PRACTICE.

1. (Staying adjudication.) An application to stay the advertisement of the adjudication in the Gazette, on the ground that there is no petitioning creditor's debt, will not be heard unless the proceedings be in Court, or, as it seems, unless there be a very strong affidavit of solvency. (Exp. Ainsworth, 2 G. & J. 89.)-Exp. Pownall, M. & A. 116.

2. (Claim.) A person having been ordered to pay a sum of money into Chancery, became bankrupt without having done so; a supplemental bill was filed against his assignees, who appeared and admitted the facts, but no order was made thereunder. It was ordered, that a claim be entered for the sum, and that the assignees should pay into the Bank, to the account of the petition, a sum sufficient to pay a dividend on the sum rateably with the other creditors who had proved.-Exp. Farden, M. & A. 219.

3. (Claim.) The same order was made where the assignees had not appeared. Exp: Hancock, M. & A. 220..

4. (Committal by Sub-division Court.) If a bankrupt be examined before Cone commissioner, and committed to the custody of the messenger, and after a short time brought before two commissioners, who ask a few questions, and commit him, the committal is bad. Three judges must be present at the committal.-Exp. Lampon, M. & A. 245.

5. (Advancing petition.) The Court will not advance a petition not yet served.-Exp. Harding, M. & A. 115.

6. (Proof of service.) It seems that a respondent may depose vivá voce to having been served, or make an affidavit on the spot, when the petitioner does not appear. (See Exp. Patmore, 1 D. & C. 490.)—Exp. Tull, M. & A. 225.

7. (Re-hearing.) There is no rule in bankruptcy limiting the re-hearing to six months. (Exp. Tindall, Mon. 379.)—Exp. Greenwood, M. & A. 66. 8. (Petition of appeal.) Petitions of appeal and of re-hearing need not state the ground on which the re-hearing is asked, but if they do, the party is limited to the special ground stated.—S. C.

9. (Service of petition.) On an application to expunge the proof on a bill of exchange, by the holder against the acceptor, because the bill has since been paid by a third party, the drawer must be served, notwithstanding the assignees have the bill in their possession.-S. C.

10. (Consolidation of estates.) An application to consolidate the joint and separate estates will not be granted if one creditor dissents.-Exp. Sheppard, D. & C. 190.

11. (Notice of motion.) Notice must be given of a motion to postpone the hearing of a petition, unless the motion is made when the petition is called on.—Exp. Grazebrook, D. & C. 199.

12. (Entering order.) A previous order of the Vice-Chancellor, for the payment of dividends into the Court of Chancery, which had been omitted to be drawn up, was ordered to be drawn up and entered nunc pro tunc by the officer of the Court of Chancery, if the Vice-Chancellor should think fit.-Exp. Lewis, D. & C. 198.

13. (Affidavits.—Time to answer.) The Court will not order a petition to stand over, to enable a respondent to file affidavits in rejoinder, without first hearing the affidavits in reply read, to see whether they require an answer. Exp. Todd, D. & C. 57.

14, (Same.) On an application to adjourn the hearing of a petition, for the purpose of answering affidavits filed in opposition, the Court will first hear the petition and affidavits read.-Exp. Crouch, D. & C. 17. 15. (Notice of motion.) Notice must be given of a motion for time to answer affidavits, unless the motion is made when the petition is called on. - Exp. Binns, D. & C. 189,

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