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Upward, Walter, 12, Hamilton Place, New Samuel White Sweet, Basinghall Street

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Bromet, John Addinell, 15, Lower Calthorpe
Street; and Tadcaster

Clay, Charles, jun., Knighton
Falconar, J. B. jun., Newcastle-upon-Tyne
Headley, Tanfield George, 35, Gloucester
Place, Portman Square

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Johnson, James Henry, 9, Ampton Street, Gray's Inn Road

Jones, John Parry, formerly called John Jones, Ruthin, Denbigh, and 32, Alfred Street, Bedford Square

Indermaur, John, 21, Friedenstein Terrace, Mornington Road; Quickset Row, St. Pancras

King, Samuel Leyson Wickens, 22, Wilmington Square

Lough, John jun., 12, Featherstone Buildings; and Langport Eastown

Roy, William Gascoyne, 37, Great George
Street, Westminster
Shaw, Henry, Billericay

Toynbee, Robert, New Sleaford; 13, Warwick
Court; 26, Albert Street, Regent's Park.
Yates, Alfred, 7, Liverpool Street, Broad St.

The following Notice was put under the Door 19th

Taylor, John, jun., 9, Pakenham Street, Gray's Inn Road; Green Terrace, Clerkenwell; Isle of Ely

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G. F. P. Sutton, Basinghall Street

Edward Trollope, 60, Carey Street

William Bartholomew, 3, Gray's Inn Place

Richard Henry Witty, Essex Street Edward Strick, 159, Fenchurch Street George Game Day, St. Ives

John Francis Bellwood Fay, Ruthin

Edward H. Edwards, 11, New Palace Yard Thomas Kirk, 10, Symond's Inn

Charles Henry Turner, Exeter

J. C. Weddell, Berwick-upon-Tweed

Charles Addis, Great Queen St., Westminster J. White, sen., Barge Yard Chamber, Bucklersbury

Henry Rowden, Wimborne Minster

R. Terrewest, Eastbourne

Samuel Wittey, Colchester

John Shackleton, Leeds

William Eaton Mousley, Derby

Thomas Lott, Bow Lane, Cheapside.

Term, 1847, pursuant to Judges' Orders. Thomas Bisgood, Carey Street

William Carr Foster, 28, John Street

Samuel Abrahams, 4, Lincoln's Inn Fields Joseph Baker Grindon, Bristol

Richard Baillie, Tadcaster

Richard Green and Thomas Peters, Knighton John Fenwick, Newcastle-upon-Tyne

Robert William Peake, 11, New Palace Yard

William Ghrimes Kell, 43, Bedford Row

James Vaughan Horne, Denbigh

.. James Proctor, New Square, Lincoln's Inn

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Analytical Digest of Cases: Court of Review.

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1. Costs. A fiat was issued at the bankrupt's instance, and on a petition by a creditor, assented to by the bankrupt and the assignees, the same was annulled, with costs to be paid out of the estate, the petitioner undertaking to issue a new fiat immediately. Exparte Lowtell, in re Dutchman, 33 L. O. 527.

2. The debtor, on being served with the sum.mons, called on the creditor's solicitor and saw his clerk, at whose instance the debtor signed a memorandum promising to pay at a certain time, or that if he did not, the creditor might proceed on the summons. The debtor was attended by no solicitor on his behalf, and was not aware of the irregularity in the proceedings. Held, that neither the signature of the memorandum nor his failure to attend the summons prevented his impeaching the regularity of the proceedings, but that the fiat ought to be annulled with costs. Exparte Greenstock, 1 De Gex, 230.

3. Surrender.-Petition of bankrupt to annul the fiat heard, although he had not surrendered, the time for his surrender having expired between the presentation of the petition and the hearing. Exparte Hodson, 1 De Gex, 374.

And see Office Fees, 2.

ASSIGNEE'S ACCOUNTS.

1. Official assignee's duty in calling for old accounts.-Trustees under an assignment for

269

benefit of creditors employ an agent to proceed to America to recover part of the assigned property. Afterwards the debtors become bank. rupt, and three of the trustees are appointed assignees. Held, that, under the circumstances of the case, the assignees ought to be allowed in their accounts the expense of employing the agent.

For the purpose of bringing expenses within the description of just allowances, it is not ne cessary to show that they have actually benefited the estate, if there was a fair probability of their so doing. Where there had been no audit of the assignee's accounts, and large sums had been received by them, it was held, that the official assignee acted properly in calling for an audit, although 25 years had elapsed since any step had been taken, and no creditor made any complaint; but the court being of opinion that the official assignee might with little difficulty and at a small expense have satisfied himself that the circumstances did not render it incumbent on him to continue to prosecute a claim against the creditor's assignee, he was not held entitled to his full costs as against the latter, there being no estate. Exparte Shaw, 1 De Gex, 242.

Case cited in the judgment: Exparte Christy, 3
M. & A. 90,

2. Assignee's accounts.-Where the solicitor to the fiat received and paid all monies on account of the estate, and at the audit the accounts were verified by his affidavit as to their accuracy, and the affidavit of the assignees that they had neither received nor paid anything, except what had been so received and paid by the solicitor; but there was nothing to show that either of the assignees had, either as to information or belief, verified the accuracy of the accounts. Held, that the accounts ought to be opened and retaken, although three years had passed since the audit. Exparte Rees and another, 1 De Gex, 205.

Case cited in the judgment: Exparte Woolston, 3 M. D. & D. 702.

BANKRUPT'S EXPENSES.

Changing venue of fiat.-Bankrupt allowed his expenses arising from changing the venue of the fiat after adjudication. Exparte Cheeseborough and another, 1 De Gex, 333.

BANKRUPT'S FIAT.

After he has ceased trading.-Creditor's petition to annul.-Semble, a man who has ceased to trade cannot sue out a fiat against himself, unless he owes a debt contracted during the trading which would support a creditor's fiat. A creditor who has successfully opposed an application by an insolvent for relief under 5 & 6 Vict. c. 116, on the ground that he is a trader, cannot afterwards petition to annul a fiat sued out by the insolvent himself for want of trading. Exparte Mitchell, 1 De Gcx, 267. See Priority of Costs.

BUYING IN.

Without order.-When an assignee bought

270

Analytical Digest of Cases: Court of Review.

in without an order, he was ordered to make security: Held, that the creditor ought not to good the loss occasioned by a re-sale. Exparte be called upon to refund. Exparte Follett, 1 Gover, 1 De Gex, 349. De Gex, 212.

CHANGING VENUE.

See Bankrupt's expenses.

COMMITMENT.

1. Contempt. Irregular order. Although an order of commitment should contain an express adjudication that a contempt has been committed, the want of an express adjudication is not sufficient ground for discharging the order. Exparte Van Sandau; Exparte Turner and another, 1 De Gex, 303.

Cases cited in the judgment: In re the St. James' Evening Post, 2 Atk. 469; Morgan v. Jones, 1745, Lord Hardw.; Totherby v. Preston, 26 Mch. 1748; Priestly v. Lamb, 5 Ves. 420; In re Quick, 20 Dec. 1806; Lechmere Charlton's case.

2. An order of commitment may direct the party committed to pay the costs of the party complaining, but not his costs, charges, and expenses. Exparte Van Sandau; Exparte Turner and another, 1 De Gex, 303.

Cases cited in the judgment: Bullen v. Ovey, 16 Ves. 141; Leonard v. Attwell, 17 Ves

385.

COVENANT AS TO BUILDING.

In a contract for a purchase of land, there is a stipulation that the conveyance shall be made subject to certain conditions and restrictions as to building upon the land, and to a covenant for their observance, and proper provisions for securing the due performance thereof: Held, that this contract entitled the vendor to have a power of entry inserted in the conveyance in case of a breach of the covenant, but not t have a term of years, or a rent-charge limited to a trustee. Form of the power of entry which the vendor is entitled to have: Quære, whether such covenants as the above run with the land. Exparte Ralph and another; Exparte Hastings and others, 1 De Gex, 219.

DEATH OF BANKRUPT.

See Amending Fiat.

DIVIDEND.

1. Stay of, to admit proof.-Dividend stayed to give opportunity of proving to creditors who had delayed proving for 11 years, no dividend having been declared for upwards of 11 years after the fiat issued. Exparte Sturton" and others, 1 De Gex, 341.

3. Irregular Warrant. — Damages. — When 2. General right to come in when dividend the party complaining obtained a warrant for the apprehension of the party ordered to be stayed.-Opening dividend at instance of one committed, and delivered it to the officer by creditor lets in others to prove. Exparte Bowwhom it was executed, and afterwards the ner, 1 De Gex, 343.

party committed was discharged on his own

EVIDENCE.

application, and various orders were made Reading examination.-Examinations before founded on the commitment, and it afterwards the commissioner cannot be read as evidence appeared that the warrant was by an oversight on a petition. Exparte Rees and another, 1 De not sealed: Held, that the commitment was in- Gex, 105. valid that the consequent order ought to be discharged, and that the party committed was entitled to recover damages from the party obtaining the process. Exparte Van Sandau; Exparte Turner and another, 1 De Gex, 303.

See Trading.

COW-KEEPER.

COSTS.

Set-off-Lien.-Quære, whether it can be made part of the order that the creditor should set off his debt against the costs; and whether any consideration of the lien of the debtor's solicitor would prevent such an order being made. Exparte Greenstock, 1 De Gex, 230.

And see Annulling Fiat, 1; Commitment, 2; Insolvent; Official Assignee, 2; Proof, 2; Surrender, 2.

CREDITOR.

EXAMINATION.

Where no creditor's assignee has been chosen, the bankrupt cannot be allowed to pass his last examination as of course. In re Wells, 33 L. O. 503.

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JOINT-STOCK COMPANY.

See Order in Chancery.

JURISDICTION.

risdiction to open accounts audited and passed Quære, Whether the commissioner has ju

Refunding amount received on security.· Where all parties acted under an impression that a security was for the whole amount of a debt, and 21 years had elapsed since the security was given, but no evidence could be by commissioners under the old jurisdiction. duced of any contract except one for security Exparte Rees and another, 1 De Gex, 105. to a limited amount, which was exceeded by the amount received by the creditor upon his

pro

LIEN.

See Reputed Ownership, 3.

Analytical Digest of Cases: Court of Review.

LUNATIC.

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should be paid in respect of monies due to him Act of bankruptcy.-Semble, That a lunatic in any bankruptcy until he had made good all cannot commit an act of bankruptcy by omitting the amounts due from him in other bankto pay or give security. Exparte Stamp: Ex- ruptcies. Exparte Graham and another, 1 De parte Jones, 1 De Gex, 345. Gex, 328.

MISDESCRIPTION OF BANKRUPT'S RESIDENCE.

A bankrupt's usual place of business for two years before the bankruptcy had been at Hownslow, but he had taken for his family a house at Durdham Down, near Bristol, where he had resided for some months previous to his bankruptcy and contracted debts. A Bristol fiat, describing him as of Durdham Down, and naming him Clarke, instead of Clark, was transferred to the London Court, to which a fiat with a correct description had been issued, and the proofs were ordered to be transferred, the Bristol fiat being impounded. Exparte Burbidge, 1 De Gex, 256.

OFFICE FEES.

1. Solicitor's Bill.-Bill of solicitor of bankrupt suing out a fiat against himself, under which no assignees were chosen, ordered to be paid out of the fund in the hands of the Accountant-General without making any reserve for the office fees of 101. and 201. The Accountant-General ought not to be served with the petition of payment. Exparte Jerwood, 1 De Gex, 373.

2. Deficiency of assets.-On a petition to annul a fiat with consent of creditors, the commissioner declined to certify the consent without payment of the office fees of 107. and 201.

Assignees had been chosen, but it was stated that there were not and were not likely to be any assets. The court requested the commissioner to certify his opinion whether there were any available assets. Exparte Davis, 1 De Gex, 267.

3. Annulling fiat.-Where a bankrupt sued out a fiat against himself, and only one creditor proved, and assignees were chosen, but there were no assets, and the office fees of 101. and 201. had not been paid, the court refused to dispense with the usual certificate of the commissioner, on an application to annul with the consent of the creditor. Exparte Nicholls, 1 De Gex, 331.

4. Solicitor's Costs.-Under the bankrupt's own fiat, there being no probability of any choice of creditors' assignees, and the office fees of 101. and 201. having been paid to the Accountant-General: Held, that they might be applied in payment of the bill of costs of the bankrupt's solicitor. Exparte Buchanan, 1 De Gex, 344.

5. Return of. Where a bankrupt sued out a fiat against himself which was annulled, and no creditors' assignees had been chosen, the office fees of 201. and 107. paid by him into the Bank, were ordered to be returned. Exparte Reynolds, 1 De Gex, 373.

OFFICIAL ASSIGNEE.

1. Default.—In the case of a defaulting official assignee, the court ordered that no sum

2. Appearing separately. - Costs. - Where, upon an equitable mortgagee's petition, the mortgagee and the creditors' assignees appeared by the same solicitor, the court ordered the sale to be conducted as the commissioner should think fit, having regard to this circumstance; and the official assignee was allowed his costs of appearing separately. Exparte Bromage, 1 De Gex, 375.

ORDER IN CHANCERY.

Winding up joint-stock company.-Form of order in Chancery under the act 7 & 8 Vict. c. 111, s. 20, for winding up the affairs of a bankrupt joint-stock company. In re Forth Marine Insurance Company, 1 De Gex, 335.

PARTNERSHIP.

See Reputed Ownership, 4.

PETITION TO LORD CHANCELLor.

On a petition to the Court of Review for an injunction to restrain an action in which the plaintiff has demurred to the plea, the court makes a qualified order restricting the plaintiff as to the grounds of the demurrer. On appeal, this order is discharged, and the respondents present a petition to the Lord Chancellor for an unqualified injunction. Held to be an original petition, which ought not to be presented to the Lord Chancellor, and dismissed with costs. Exparte Van Sandau; Exparte Turner and another, 1 De Gex, 303.

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Analytical Digest of Cases: Court of Review.

2. Costs. A judgment creditor has a right to prove for the costs of an action in which he obtained judgment before the bankruptcy, where the debt itself has been paid after the bankruptcy by another party liable to it. Exparte Cocks, re Barwise, 34 L. O. 37.

3. Legality of transfer of shares.-- Provisionally registered railway company.-A purchase by brokers, in pursuance of the order of a customer, of shares in a projected railway company, provisionally registered, held not illegal, but a sufficient ground for the admission of a proof tendered by the brokers for the loss occasioned by the non-completion of the purchase by the customer. Exparte Barton and another, 1 De Gex, 316.

And see Dividend, 1, 2.

REMOVAL OF FIAT.

Affidavit.-The affidavit for removal of a fiat from one commissioner to another ought to state that such removal will be for the benefit of the creditors generally. Re Pyne, 34 L. O. 64.

REPUTED OWNERSHIP.

was sued out against A. by a creditor who knew of the deed, though he had not executed it. He was a friend of A, and indifferent to the payment of his debt, but permitted his name to be used by the creditors who had signed the deed for the purpose of suing out the fiat. Held, 1. That the composition deed was an act of bankruptcy, and not a sale for value; 2. That the assigned property was not in the reputed ownership of B.; 3. That the circumstances under which the fiat was sued out against A. did not prevent A.'s assignees from recovering the property. In re Marshall and others, 1 De Gex, 273.

3. Notice of lien to holders of property abroad.-London sub-mortgagees of shipments at Ceylon and Hong Kong send thither, directed to the parties in possession, notices of their security by the next mail, there being another and earlier mail by a different route, by which the notices might possibly have sooner reached their destination. Before, however, this could have taken place by either mode of transmission, the sub-mortgagors became bankrupt: Held, that the notice was sufficient to take the goods out of their reputed ownership. Exparte Kelsall and others, 1 De Gex, 352.

1. Shares in water company.-A procedendo ordered to issue where a commission had been 4. Rights of proof.-Nominal partnership. superseded three years previously by consent A wine merchant carrying on business of the creditors, on the ground that the bank- under the firm of J. R. & Co., announced rupt had not disclosed the fact of his being by a circular that he had taken his nephew entitled to shares in a waterworks company, into partnership. The business was thencehis defence being that the shares were subject forth carried on under the style of J. R. to a mortgage for more than their value, but sen. & Co., but as between the uncle and which turned out to be invalid for want of notice to the company.

Shares in such a company held subject to the law of reputed ownership, the company's act of parliament declaring them to be personal property. Exparte Lawrence, 1 De Gex, 269. 2. Acts of bankruptcy.-By a composition deed between A. and B. and scheduled creditors of A., after reciting that it had been agreed that A. should pay the creditors 10s. in the pound, and after reciting that B. had agreed to join in the deed for the purpose of better securing payment of the composition, on having such assignment made to him as was thereinafter contained, it was witnessed,-1. That A. and B. covenanted to pay the creditors the composition; 2. That in consideration of this covenant, A. assigned all his stock in trade, machinery, and effects to B. to hold as B.'s own goods and chattels; 3. That the creditors covenanted on receiving the composition to release A. Contemporaneously with this deed the leasehold trade premises were assigned by A. to B. with the privity of the creditors.

At the time of the execution of the deed all the assigned property was in the possession of certain mortgagees of the leasehold premises and machinery, who afterwards gave up possession to B. on his guaranteeing payment of the mortgage money. Immediately after the execution of the deed, B. gave the creditors his promissory notes for the amount of the composition. B. remained in possession till he became bankrupt, and after his bankruptcy a fiat

nephew, the latter receiving a salary only, and did not participate in the capital, profits, or losses of the concern. On both becoming bankrupt: Held, that a creditor who supplied goods to the firm, might prove against the separate estate of the uncle.

5. Part of the stock in trade consisted of

wines in the docks, which the uncle, on announcing the partnership, directed the Dock firm: Held, that these wines were, in the reCompany to deliver to the order of the new puted ownership of the two, and ought to be administered as joint estate.

6. Other property consisted of wines in the hands of a lien creditor of the uncle, and after the announcement of the partnership, some of the wines were withdrawn and replaced by others in the name of the new firm: Held, that the possession of the lien creditor did not prevent the application of the 72nd section, but that those wines would, subject to the lien, be administered as joint estate.

7. Where a large number of creditors had a right of election to prove against the joint or separate estate, and the estates were not so ascertained as to enable the creditors to elect, a temporary order was made that no larger dividend should be declared of the one than of the other estate. Exparte Arbouin and another; Exparte Gonne and others, 1 De Gex, 359.

SECURITY.

Goods at sea.-A man may give a valid se

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