4. In cases of supersedeas the Great Seal has still a substantive power, independent of that on appeal. Ex parte Keys, 1 Mont. & Ayr. 226. S. C. 3 Dea. & Ch. 263.

5. Where there are not the requisites to support a fiat, the Lord Chancellor will recommend to the commissioners to hear counsel against the adjudication, and, if the bankruptcy be found, will stay the insertion of the advertisement in the Gazette, and finally supersede. Ex parte Nokes, 1 Mont. & Ayr. 461.

6. 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 estates. Turner v. Hibbert, 1 Mont. & Ayr. 243.

JURISDICTION OF THE COURT OF REVIEW.

1. The jurisdiction is not more extensive than that of the Great Seal when sitting in bankruptcy before the institution of this Court. Ex parte Holder, 1 Mont. & Ayr. 520.

2. The Court has jurisdiction over the estate, but none to bring property within the estate. Per Sir G. Rose. Ex parte Holder, 1 Mont. & Ayr. 523.

3. The Court of Review will stay the insertion of the advertisement in the Gazette. Ex parte Lavender, 1 Mont. & Ayr. 699.

4. The Court can reverse the decision of a subdivision court on a matter of fact as to expunging a proof, that not being within section 30 of 1 & 2 W. 4. c. 56. Ex parte Baldwin, 1 Mont. & Ayr. 615.

5. The Court has jurisdiction to revise an allowance made by the

6. The Court will not order a sale by private contract, the commissioners having power so to do. Ex parte Ladbroke, 1 Mont. & Ayr. 384.

7. The Court has a controlling power over the appointment of an official assignee by the commissioner. Ex parte Bramston, 2 Dea. & Ch. 375.

8. Quære, Can the Court of Review entertain a petition of appeal from the rejection by the commissioners of a proof of debt on a question of fact? Ex parte Turner, 1 Mont. & Ayr. 268.

9. From the peculiar jurisdiction which courts have over their own officers, they will, upon the mere suggestion of improper or irregular conduct, call them to account. Per Sir G. Rose. Ex parte Carter, 2 Dea. & Ch. 629.

10. The Court will exercise summary jurisdiction over a solicitor for acts done as an officer of Court only. Ex parte Bull, 3 Dea. & Ch. 116.

11. A petition that three attorneys should pay to the assignees money received by the former as the bankrupt's solicitors under an order in Chancery, dismissed, as one of the three was not an attorney of this Court. Quære, Whether such order would have been made if all three had been solicitors of the Court? Semble, not. Ex parte Hicks, 2 Dea. & Ch. 573.

12. The Court can order the assignees to deliver up property alleged to have been in the reputed ownership of the bankrupt. Ex

parte Moldant, 3 Dea. & Ch. 351; and see ex parte Wiggins, Mont. & Bli. 168. S. C. 2 Dea. & Ch. 269, and constant practice.

13. The Court has not jurisdiction to order property, alleged to have been given as a fraudulent preference to be delivered up because the party has claimed. Ex parte Dobson, 1 Mont. & Ayr. 666.

14. The Court will not compel the official assignee to join the other assignees in a suit. If he improperly refuse to join, and is made defendant, he may have to pay his own costs. Ex parte Evans, 1 Mont. & Ayr. 335.

15. The Court will not order the messenger to withdraw from possession of goods alleged to have been in the reputed ownership of the bankrupt. Ex parte Harling. 2 Dea. & Ch. 389. But the Court would so interfere as against the assignees. Ex parte Wiggins, Mont. & Bli. 389.

16. When a trustee becomes bankrupt, the Court can appoint a new one, without a reference to the master. Ex parte Buffery, 2 Dea. & Ch. 576.

17. The Court will not take a trust-deed out of the possession of the bankrupt's trustees. Ex parte Holder, 3 Dea. & Ch. 276.

18. Quære, Whether the Court have jurisdiction over the executor of an assignee to carry into effect further directions on an order made on the assignee? Ex parte Turville, 1 Mont. & Ayr. 686.

19. In many cases it has been decided that the Court has no power to bind the executors of assignees to contracts. Per Sir G. Rose. Ex parte Lucas, 1 Mont. & Ayr, 97.

20. If the intended lessor and lessee both become bankrupt, and the assignees agree to take a lease,

semble the Court have not jurisdiction to enforce specific performance. In this case the Court refused to interfere. Ex parte Lucas, 1 Mont. & Ayr. 93.

21. After a proof by A. as holder of a bill of exchange, B. paid it for the honour of the drawer, which was unknown to the assignees until several dividends had been paid to A.'s representatives. Quare, Whether the Court had jurisdiction to order the dividends to be refunded? Ex parte Greenwood, 1 Mont. & Ayr. 65. S. C. 3 Dea, & Ch. 398.

22. A stranger to the commission obtained an assignment of the creditor's proofs, and therewith bought part of bankrupt's estate from the assignees: Held, the Court had no jurisdiction to set aside the purchase, Cross, J., dissenting. Ex parte Holder, 1 Mont. & Ayr. 518.

23. The Court can stay an action brought by the bankrupt in any Court. Per Sir G. Rose. Ex parte Davy, 1 Mont. & Ayr. 290.

24. The Court have jurisdiction to restrain the bankrupt from bringing actions to upset his commission. Ex parte Davy, 1 Mont. & Ayr.

283.

25. The Court would not restrain an action in which the bankrupt intended fairly to try the validity of the commission. Per Sir G. Rose. Ex parte Davy, 1 Mont. & Ayr. 299.

26. After twenty-two years, and acquiescence, the Court will restrain the bankrupt from bringing actions against purchasers under the commission. Ex parte Davy, 1 Mont. & Ayr. 283.

27. Long acquiescence is enough to refuse to supersede on the application of the bankrupt, but not alone enough to enable the Court to restrain him from bringing ac

tions. Per Chief Judge. Ex parte Davy, 1 Mont. & Ayr. 297.

28. The Court will order the bankrupt to join in a conveyance under section 78 of 6 Geo. 4. c. 16. Ex parte Jackson, 2 Dea. & Ch. 458.

29. The jurisdiction in cases of mortgage is assumed from principles of convenience; whether the mortgage be legal or equitable, the Court can only interfere when the case is perfectly free from doubt. Per Sir G. Rose. Ex parte Broadbent, 1 Mont. & Ayr. 641.

30. The Court has jurisdiction to order the sale of a legal mortgage. Ex parte Bacon, 2 Dea. & Ch. 181.

31. The Court has no jurisdiction to make an order for sale of an equitable mortgage when a necessary step is taking a partnership account between the bankrupt and strangers to the fiat. Ex parte Broadbent, 1 Mont. & Ayr. 635.

32. Semble, This Court has no power to commit on an adjourned examination from before one commissioner. Re Heath, 2 Dea. & Ch. 214.

33. Under the 6 Geo. 4. c. 16. s. 96. the Court have a general power, upon petition, to direct the proceedings to be entered of record. Ex parte Thomas, 3 Dea. & Ch. 292.

34. If, on a petition to supersede, the Lord Chancellor order a trial, which is in favour of the commission, the Court of Review cannot supersede, on a petition for costs, and a cross petition for a new trial, both brought on by way of further directions. Ex parte Keys, 1 Mont. & Ayr. 226. S. Ĉ. 3 Dea. & Ch. 263.

35. A petition prayed that the Court of Review would reverse an order of the Lord Chancellor annulling a fiat: it was objected that the Court had no power so to do: the objection was overruled; for,

though the Court cannot actually rescind the order, it can intimate its opinion to the Lord Chancellor, who would act accordingly. Ex parte Anjer, 2 Dea. & Ch. 67.

36. The Court of Review has no power to dispense with the appellant's signature to a petition of appeal. Ex parte Robinson, 2 Dea. & Ch. 583.

37. The Court will not interfere between two adverse claimants; one claiming as equitable mortgagee, and the other under a prior lease. Ex parte Royds, 2 Dea. & Ch. 294.

38. An objection that the Court of Review had no jurisdiction cannot be taken on appeal, if not taken below. Ex parte Turner, 1 Mont. & Ayr. 357.

See SUPERSEDEas, 1. 38. 39.

LAST EXAMINATION. See SURRENDer, 2. 3. 4. 5.

LEGAL MORTGAGES.

1. The Court has jurisdiction to order sale of estate legally mortgaged. Ex parte Bacon, 2 Dea. & Ch. 181.

2. A petition for the sale of property in respect of which the creditor holds a legal security will be dismissed with costs, as the commissioners may sell under Lord Loughborough's order. Ex parte Moore, 3 Dea. & Ch. 7.

3. A legal mortgage of an equitable estate is within Lord Loughborough's general order. Ex parte Aple, 1 Mont. & Ayr. 621.

4. Quære. Whether a legal mortgagee of an equitable estate, being VOL. I.

a third mortgagee, be entitled to his costs of petition to sell, &c., or whether he ought not to apply to the commissioners under the general order? Ex parte Robinson, 2 Dea. & Ch. 110.

LIEN.

1. The official assignee cannot, under 1 & 2 W. 4. c. 56. s. 22., take money belonging to the estate out of the hands of a solicitor without

discharging his lien. Ex parte

Bowden, 2 Dea. & Ch. 182.

2. If a party take bills for the price of goods, and it be agreed that the bills are to be paid out of the proceeds, and the acceptors become bankrupt, the indorsees of the bills without notice of the agreement are entitled to the benefit of it. Ex parte Prescott, 1 Mont. & Ayr. 316. S. C. 3 Dea. & Ch. 218.

S. P. The indorsees having notice. Ex parte Copeland, 3 Dea. & Ch. 199. S. C. Mont. & Bli.

3. The managing owner of a ship received the warrants for the freight, and paid them into a banker's in his own name, drawing checks from time to time for various sums out of the proceeds, part of which were applied for the use of the ship, and part for other purposes: Held, that the other part owners have no lien on this fund in the hands of the bankers, nor any claim against the bankers as their debtors. Dub. Sir J. Cross. Ex parte Gribble, 3 Dea. & Ch. 339.

N. B. This decision was appealed against, and the appeal now stands for judgment.

4. A debenture for a tontine annuity was purchased by a father for his son in the name of a banker, who had possession thereof, and re

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