assignees.

As

to lands after final

of insolvent acquired

order.

estate, present and future, as well real as personal, estate in becomes vested in the official assignee and assignees, chosen by the creditors, without any deed or conveyance for the purpose, and as often as any such assignees shall die or be removed and a new trustee is duly appointed, the estate of the insolvent vests in the new assignee, either alone or jointly with the existing assignees, without any deed or conveyance for the purpose. (See 5 & 6 Vict. c. 116. s. 7.) The 9th section provides that the assignees shall be entitled to claim and demand from the petitioner, at any time after the final order, any estate and effects acquired by him at any time after such order shall have been made, and all such estate and effects, of what kind soever and wheresoever situate, shall be absolutely vested in such assignees upon their filing a copy of their claim, served upon the petitioner personally, or by leaving it at the place of residence mentioned in his notice of petition, and that they shall hold the same in like manner as they held the estate and effects of the petitioner, transferred by force of the final order, yet so that no assignee of any insolvent shall be authorized by virtue of the act to take possession of any estate or effects which the insolvent may have acquired or become possessed of after the making of the final order, except under the authority of an order of the said commissioner, or of the Court of review in bankruptcy, made for that purpose, and then only to the extent and at the time and in manner directed by such order, and after giving such notices and doing such acts, matters and things as by the

Judgment to

be entered up before final discharge.

rules, orders and regulations, made under the authority of the act, shall be required and directed in that behalf.

In the case Re Lawson it was held, that whilst the 9th section applied strictly to "after acquired" property, as, for instance, a legacy under the will of a person who died subsequently to the final order, the term "future" in the 7th clause, must be explained to mean such property as might be only reversionary or contingent at the date of the order.

Before the final discharge of the insolvent he is obliged by the 87th section of the 1 & 2 Vict. c. 110., to execute a warrant of attorney to authorize judgment to be entered up against him for the amount of the debts stated in the schedule, or such of them as shall then appear to remain unsatisfied; and this judgment continues in force until all the debts of the insolvent are paid. But execution can only be sued out with the permission of the Court, and I am disposed to concur with the opinion of a learned writer," that such permission would probably not be readily given to the prejudice of a bonâ fide purchaser, whose purchase money had augmented the other property of the insolvent, although this of course could not be relied on by the purchaser." (Dart's Comp. 16.)

No. XXII.

OF BANK-
RUPT.

CONVEYANCE of FREEHOLDS by the ASSIGNEES of a FREEHOLDS
BANKRUPT, with the Concurrence of MORTGAGEE,
in which the BANKRUPT JOINS to covenant for Title,

—

THIS INDENTURE, made the
day of BETWEEN Parties.
0. P. of &c. mortgagee] of the first part, A. B. of &c., and C. D. of
&c. [creditors assignees of the estate and effects of G. H. of &c.,
petition for adjudication in the Court of Bankruptcy],
I part, E. F. of &c. [official assignee under the said
of the third part, G. H. of &c. [bankrupt], of the
fourth part, and M. N. of &c. [purchaser] of the fifth part :
WHEREAS by an indenture of mortgage, bearing date the -

under a
of the second

petition,

day of

-,and made or

expressed to be made between the said

Recite mort

gage.

G. H. of the one part, and the said O. P. of the other part, in consideration of the sum of £250 to the said G. H. paid by the said O. P., the pieces or parcels of land and hereditaments hereinafter described and intended to be hereby assured, and their appurtenances, were granted by the said G. H. unto and to the use of the said O. P., his heirs and assigns, subject nevertheless to the proviso therein contained for redemption of the said hereditaments and premises, on payment by the said G. H., his heirs, executors or administrators, unto the said O. P., his executors, administrators or assigns, of the sum of £250, together with interest for the same after the rate of £5 per cent. per annum, on the day of then next ensuing: AND WHEREAS the said sum of £250 is still due and Money due owing on the security of the said recited indenture of mort-` gage, but all interest on the same has been paid up to the day of the date of these presents: AND WHEREAS under and by Bankruptcy virtue of a petition for adjudication of bankruptcy, filed in the and appointCourt of Bankruptcy on the

day of

on mortgage.

of bankrupt,

ment of

he the said assignees.

G. H. was adjudged bankrupt, and the said E. F. was, on or

about the

day of

FREEHOLDS and the said A. B. and C. D. were, on or about the

OF BANK

RUPT.

Sale by auction.

deposit.

day of

duly chosen creditors' assignees of the estate and effects of the said bankrupt: AND WHEREAS the said pieces or parcels of land and hereditaments hereinafter particularly described, and intended to be hereby conveyed, with the appurtenances, were advertised to be sold, and put up to sale by public auction by the said A. B. and C. D., with the consent of the said O. P., on the day of, according to certain printed partiPayment of culars, in one lot: AND WHEREAS the said M. N. bid at the said auction the sum of £500 for the said pieces or parcels of land and hereditaments, and was declared the purchaser thereof at that price; and thereupon the said M. N. paid to the said E. F. the sum of £25 by way of deposit in part payment of the said purchase money or sum of £500: AND WHEREAS the said G. H. hath consented to join in these presents in manner Witnessing hereinafter mentioned: NOW THIS INDENTURE WITpart. NESSETH, that in pursuance of the said agreement, and in consideration of the sum of £25 so paid by way of deposit as aforesaid, on or immediately before the execution of these presents to the said O. P. in hand well and truly paid by the said E. F., at the request and by the direction of the said A. B. and C. D., and also the said G. H. (testified by their respectively being parties to and executing these presents), and also in consideration of the sum of £225 at the same time paid by the said M. N. to the said O. P., at the request and by the direction of the said A. B. and C. D., and the said G. H., and also of the said E. F. (testified as aforesaid), the receipt of which said respective sums of £25 and £225, making together the sum of £250, he the said O. P. doth hereby acknowledge, and declare the same to be in full satisfaction and discharge of all principal monies and interest due and owing on the security of the said recited indenture of the day of and of and from the

Considera

tion.

same,

and

of

every part thereof, doth acquit, release and discharge as well the said A. B., C. D., E. F. and G. H., and each and every them, and their and each and every of their heirs, executors and administrators, as also the said M. N., his heirs, executors, administrators and assigns, and every of them, for ever by these presents, and also in consideration of the sum of £250 at the same time paid by the said M. N. to the said E. F., the payment

OF BANK

RUPT.

assignees,

and receipt of which said several sums of £250 and £250 in FREEHOLDS manner aforesaid, making together the purchase money or sum of £500, they the said A. B., C. D. and E. F., and the said G. H., do hereby respectively admit and acknowledge, and of and from the same, and every part thereof, do, and each and every of them doth, acquit, release and discharge the said M. N., his heirs, executors, administrators and assigns for ever by these presents, he the said O. P., at the request and by the Mortgagee, direction of the said A. B., C. D., E. F. and G. H. testified as and bankaforesaid; and the said A. B., C. D., E. F. and G. H. by these rupt convey. presents do, and each and every of them doth, grant, release and convey, and the said G. H. (at the request and by the direction of the said A. B., C. D. and E. F., testified as aforesaid) by these presents doth grant, release, convey and confirm unto the said M. N., his heirs and assigns, ALL, &c. [parcels, general words, all the estate, &c.] To HAVE Parcels. AND TO HOLD the said pieces or parcels of land, hereditaments, To purchaser and all and singular other the premises hereby assured or expressed, and intended so to be, unto the said M. N., his heirs and assigns, To THE USE of the said M. N., his heirs and assigns, absolutely freed and discharged of and from the said

day of —, and of

in fee.

by mort

assignees

recited indenture of mortgage of the and from the said sum of 2507. thereby secured, and all interest in respect thereof, AND IT IS hereby declared by the said M. N. that his widow shall not be entitled to dower out of the premises. AND EACH of them the said O. P., A. B., C. D. Covenants and E. F., so far as relates to his own acts and deeds, but gagee and not further or otherwise, doth hereby for himself, his heirs, against inexecutors and administrators, covenant with the said M. N., his heirs and assigns, that they the said O. P., A. B., C. D. and E. F. [covenant against incumbrances, see supra, p. 114], [covenant by bankrupt for right to convey, quiet enjoyment, freedom from incumbrances, and further assurance, see supra, p. 86. IN WITNESS, &c.

cumbrances.