INDEX.

See Bankrupt, X. Bill of Exchange, II. To document. See Promissory Note.

APPEAL.

From County Court. See County
Court, I., XI.

APPROPRIATION.

Of money. See Bill of Exchange, I.

ARBITRATION.

ATTORNEY.

I. A., being in his fifteenth year,
entered into the service of C. as sala-
ried clerk in March, 1855, "and was
continuously employed by him in the
transaction and performance of various
matters of business" until March, 1864,
when he was articled for five years.
Held, that he was entitled to be ad-
mitted as an attorney in Easter Term,

See Award. Merchant Shipping Act, II. 1868, under stat. 23 & 24 Vict. c. 127.

s. 4., which enacts that any person who
has served as clerk to an attorney for
ten years, and has afterwards served
under articles of clerkship for three
years, may be so admitted. In re
Sherry, 115.

II. 1. Misconduct for which the Court
would either refuse or defer the admis-
sion of an attorney is ground for either
striking an attorney off the roll or sus-
pending him from practising, though
the misconduct be not in his character
of attorney.

2. An attorney acting as managing
clerk to a firm of attorneys completed
the sale of property belonging to a client
of the firm, and appropriated part of the
purchase money to his own use. Upon
the discovery of the fraud a year after-
wards he admitted the fact, and repaid
the amount. Upon motion to strike
him off the roll the Court suspended
him from practising for one year.

3. Where an attorney charged with a
criminal offence denies his guilt, the
Court will not try the issue on affidavits.
In re Hill, Gentleman, one, &c., 481.

III. 1. Where a judgment or a ver-
dict which is not disturbed has been
obtained, and semble, where a debt is
ascertained through the exertions of the
attorney, and the parties make a collu-
sive compromise, the Court will enforce
the attorney's right of lien for his costs.

2. The compromise is collusive where
the object of it is that the plaintiff
should get more than he would in the
ordinary course, while his attorney would
get less.

3. An action for unliquidated damages
was compromised by the parties after
the plaintiff, who was a labourer,

had obtained a verdict for 251., and a rule nisi for a new trial had been granted on the ground that the verdict was against the evidence. Held, that the attorney had no ground for claiming the equitable interference of the Court to enforce his right of lien. In re Sullivan v. Pearson, 960.

ATTORNMENT.
See Mortgage, I.

AUTHORITY.
See Notice to quit.

AWARD.

rendered either to the prison of the Court out of which process issued, or to the common gaol of the county in which he was arrested, applies to arrest on a writ of capias to hold to bail under stat. 1 & 2 Vict. c. 110. s. 3.

2. Notwithstanding the Queen's prison is by The Queen's Prison Discontinuance Act, 1862, 25 & 26 Vict. c. 104., discontinued as a debtor's prison, a recognizance of bail conditioned to render the defendant "into the custody of the keeper of the Queen's prison" is sufficient, and is satisfied by a render to the gaol of the county in which he was arrested. Mainwaring v. Milner, 1002.

BANKERS.

1. The Common Law Procedure Act, London. See Cheque. 1854, 17 & 18 Vict. c. 125. s. 15., applies to references by consent as well as those under a compulsory order.

2. The plaintiff and defendant agreed in writing, on the 8th August, 1866, to refer all matters in dispute between them to an arbitrator. The agreement did not limit any time for making the award. The arbitrator entered on the reference at once, but did not make his award within three months after. Afterwards a Judge made an order enlarging the time for making the award; and the plaintiff took up the award within the time so enlarged. In an action upon the award: Held that the Judge had power to make the order under The Common Law Procedure Act, 1854, 17 & 18 Vict. c. 125. s. 15., and that its effect was to ratify the act of the arbitrator; and therefore the action was maintainable.

3. Quære, per Blackburn J. If at a meeting held after the time had expired perjury were committed, whether an indictment could be maintained?

4. Quære. Whether the Judge's order enlarging the time must not be made before an action can be brought on the award? Lord v. Lee, 269.

BAIL.

1. Stat. 11 G. 4 & 1 W. 4. c. 70. s. 21., by which a defendant "held to bail upon any mesne process" may be

BANKRUPT.

I. A deed of arrangement under The Bankruptcy Act, 1861, 24 & 25 Vict. c. 134. s. 192., provided for the payment in full of the costs of a previous deed of inspectorship, and all costs, charges and expenses incurred by the inspectors for the benefit of the estate, including the costs of an execution cre. ditor, in consideration of the execution being withdrawn. Held by the Queen's Bench, and affirmed by the Exch. Ch., that the deed was valid on the grounds

1. That the inspectors had an equitable lien for those costs on the bankrupt's estate.

2. That payment of a doubtful claim is not ultrà vires, or alien to the payment of the debts of the debtor and his release therefrom, and the winding up Fitzpatrick v. Bourne, of his estate.

157.

II. A person who had taken shares in a Company incorporated and registered under The Companies Act, 1862, 25 & 26 Vict. c. 89., became bankrupt under The Bankruptcy Act, 1861, 24 & 25 Vict. c. 134. He however retained his shares, the assignees not having taken them, and the Company was subsequently wound up. Held, that he was not discharged from liability to calls made after his bankruptcy. Mar

tin's Patent Anchor Company (Limited) v. Morton.

Same v. Hewitt, 183.

III. 1. A composition deed between partners of a firm and the creditors of the partnership which makes no provision for creditors of the partners, is not within The Bankruptcy Act, 1861, 24 & 25 Vict. c. 134. s. 192, and therefore does not bind non-assenting joint creditors of the partnership.

2. A composition deed between A. and B., partners, and their creditors, by which A. assigned to B. his moiety of the partnership goods, contained a proviso that if before the composition should be fully paid to the creditors A. should be adjudicated bankrupt or attempt to make any assignment of his estate for the benefit of his creditors, or any arrangement with them differing from that, the deed should be void. Held, that in pleading that deed it was not necessary to negative the happening of those events. Tomlin v. Dutton,

251,

IV. 1. If a composition deed is within the purview of The Bankruptcy Act, 1561, 24 & 25 Vict. c. 134. s. 192., the Court will not overrule the decision of a statutable majority of the creditors as to the reasonableness of its clauses.

| of the business. Held, that the indemnity clause imposed a personal liability on non-assenting creditors beyond the funds of the estate, and therefore the deed was not within sect. 192. Wigfield v. Nicholson, 261.

V. Declaration for goods sold and delivered. Plea on equitable grounds: a composition deed; with an averment that the defendants were ready and willing to pay to the plaintiffs the first instalment of the composition, but the plaintiffs refused to accept it, and discharged the defendants from paying or tendering it.

1. Held good, without payment of money into Court; and

2. Semble, per Lush J., good as a legal plea. Bamford v. Clewes, 539.

VI. Declaration by drawees against acceptor of bills of exchange. Plea. A composition deed made between the defendant of the first part, a trustee of the second part, and all the creditors at the date of a recited indenture of the third part, by which, after reciting the prior deed, for which the pleaded deed was to be substituted, as agreed by all the parties to it, the defendant covenanted with the trustee and creditors 2. A composition deed between part- respectively that if the deed was duly ners who carried on business as engi- registered under The Bankruptcy Act, neers, and their creditors, assigned the 1861, he would pay to each of the crepartnership property and their separate ditors a composition of 2s. in the pound estates to trustees for the benefit of the by two instalments, on &c.; and it was creditors, with power to them to post- agreed that certain premises and effects pone the sale and conversion of the pre- of the defendant assigned by the recited mises assigned, and to employ all or indenture should be held by the trustee any part of the joint estate, and to carry in trust for the defendant until default on the business for such period as they in payment of the composition. Proshould think fit, and to make advances vided that if default should be made the out of the joint estate or the proceeds trustee should sell and apply the prothereof, and to employ the partners or ceeds (inter alia) “in payment rateably either of them to assist in carrying on of the debts due to the said creditors the business; and it was declared that respectively" by the said debtor; the the trustees should be indemnified out creditors released the defendant from of the joint and separate estate by the the debts due to them respectively: creditors, in proportion to the amount of provided that in case default should be their respective debts, against all tran-made contrary to the covenant in paysactions and personal engagements, matters and things which they should lawfully do, enter into, or order in or concerning the management or conduct

ment of the composition to the creditors respectively the release should be at an end, "and the creditors shall thenceforth be at liberty to sue for or prove