came to the hands of the surviving assignee. Ex parte Coombes, 2 Dea. & Ch. 319.

7. If one of the assignees pay a dividend to a person not duly authorized to receive it, the two other assignees are responsible to the creditor for the dividend. Ex parte Winnall, 3 Dea. & Ch. 22.

8. A bankrupt did not disclose a life interest which he possessed in certain property when he passed his last examination; and after the lapse of twenty years, when four of the commissioners were dead, he petitioned for a fiat to be issued to fresh commissioners, and that the assignee might be ordered to account. The Court allowed the bankrupt to issue a new fiat in the name of a creditor, but held that after this concealment he was not entitled to an inquiry against his assignee. Ex parte Holder, 3 Dea. & Ch. 276.

9. A London banker, having a branch bank at Edinburgh, stopped payment on the 2d of January, and wrote to his agent at Edinburgh, apprising him of the fact, and directing the business of the branch bank to be discontinued on the 4th of January. Before this notice reached the agent, the petitioner paid into the Edinburgh bank 3051. 15s. in notes and cash, to be remitted to the house in London; but after the news reached Edinburgh, and whilst the notes were still in the agent's possession, gave him notice not to part with them, and they remained in his hands on the 26th of January, when a fiat issued against the banker. The agent at Edinburgh having a lien on the funds in his hands, the assignees permitted him to retain the 3051. 15s. in part satisfaction of his lien. Held, that the assignees were bound to refund this sum to the petitioners.

Ex parte Cunningham, 3 Dea. & Ch. 58. Confirmed on re-hearing, 3 Dea. & Ch. 73. S. C. Mont. & Bli. 269. Confirmed on appeal, ex parte Belcher, 3 Dea. & Ch. 87. S.C. Mont. & Bli. 286.

10. The same order made as in ex parte Cunningham, although the notes delivered to the banker's agent were not identified. Ex parte Solomons, 3 Dea. & Ch. 77. S. C. Mont. & Bli. 308.

11. The same order made as in ex parte Cunningham: The notes in this case were paid in by the customer on the 3d of January, to a sub-agent of the banker at Glasgow, who remitted them on the 4th to the banker's managing agent at Edinburgh. Ex parte Wylie, 3 Dea. & Ch. 82.

12. Maberly and a Scotch Bank mutually exchanged their notes at stated times, through an agent, Blythe; Maberly became bankrupt, his agent Blythe having notes of the Scotch Bank in his hands; the assignees subsequently allowed Blythe to retain the notes in account with them, he having claims against Maberly. Held, the Scotch Bank could recover these notes against the assignees. Ex parte National Bank of Scotland, 1 Mont. & Ayr. 644.

13. A custom of exchanging acceptances existed between the bankrupt and other houses, through the agency of Blythe. Notes were sent by the petitioner to Blythe, but never exchanged, as bankruptcy intervened, and they were stolen from Blythe, and never formed any item in any settlement between Blythe and the assignees: Held, the petitioner could not recover the value of the notes from the assignees. Ex parte Watson, 1 Mont. & Ayr.

685.

14. Although an audit meeting has closed, and the assignee's accounts are then settled, the commissioners have power to examine the assignees at any future meeting as to monies not included in such accounts, and generally to re-investigate those accounts. Re Applegarth, 2 Dea. & Ch. 101.

See COMMISSIONERS, 6.

Must act for themselves.

15. The Court will not interfere to direct assignees how to sell the estate. Ex parte Belcher, 1 Mont. & Ayr. 478.

16. The Court will not direct the assignees how to sell the estate; that is for their discretion. Ex parte Hurly, 2 Dea. & Ch. 631.

17. The Court will not interfere on the application of the assignees to sanction an arrangement made by them for the satisfaction of a claim of the bankrupt's wife. The assignees must use their own discretion. Ex parte James, 3 Dea. & Ch. 290.

18. On the application of a tenant of the assignees, a reference was made to the commissioner, who reported the rent should be reduced, which was done. On the application of some creditors, one of whom offered higher rent, the Court refused to interfere. Ex parte De Begnis, 1 Mont. & Ayr. 277.

19. The Court will not lend its sanction to a compromise of a suit by assignees, though the Master reports it would be for the benefit of all parties. Ex parte Williams, 1 Mont. & Ayr. 689.

New Choice.

20. Upon a new choice of assignees there is no necessity to vacate the assignment under a commission

property, alleged by a creditor to have been the bankrupt's, the Court will not order a new choice of assignees, but permit the creditor to bring the action in the name of the assignees, he giving them an indemnity. Ex parte Ryland, 2 Dea. & Ch.

392.

28. Assignees are not removable because proofs were rejected, unless indeed fraudulently procured to be rejected. Ex parte Milner, 3 Dea. & Ch. 235.

29. If the creditors who elect an assignee be relations, and their debts prima facie of a doubtful nature, the assignee might be removed without serving the creditors. Per Chief Judge. Ex parte Copeland, 1 Mont. & Ayr. 307.

30. Mere poverty no ground to remove an assignee. Per Chief Judge. Ex parte Copeland, 1 Mont. & Ayr. 306.

31. If a sole assignee be very poor, and alleged to be in insolvent circumstances, and elected by suspicious votes, a co-assignee may be appointed. Ex parte Copeland, 1 Mont. & Ayr. 305.

Suits by.

32. In a suit by the assignees of a bankrupt's or insolvent's estate, it is not competent to the bankrupt or insolvent to object that the suit has been instituted without the consent of the major part of the creditors, as is required by the bankrupt and insolvent acts. The judgment in such a suit will bind the creditors; but the assignees take on themselves the responsibility that the suit has been properly instituted and conducted. Piercy v. Roberts, 1 Mylne & Keen, 4.

33. If the assignees continue a suit commenced by the bankrupt before his bankruptcy, they must

36. If a bill in equity by assignees be dismissed with costs, they must apply to the commissioner in the first instance to allow them out of the estate. Ex parte Gibson, 1 Mont. & Ayr. 479. The Lord Chancellor cannot order them. Turner v. Hibbert, 1 Mont. & Ayr. 243.

37. If in replevin for goods distrained by the petitioning creditor, the defendant, the petitioning creditor, in his avowry, pray a return of the goods, as goods originally belonging to the plaintiff, he cannot plead that the goods belonged to himself and two others as assignees. Middleton v. Mucklow, 10 Bing. 401.

38. Where a creditor writes to assignees to pay "the dividends to A. B." they are justified in paying subsequent dividends to A.B. until they have notice that A. B.'s authority is revoked. Ex parte Bright, 2 Dea. & Ch. 8.

39. Assignees may be ordered to furnish a creditor who has proved with a copy of their accounts, if he offers to pay the expence of such copy; but, per Chief Judge," it is a

question purely for the discretion of the Court." Ex parte Aberdeen, 2 Dea. & Ch. 34.

See ESTATE TAIL.

AUXILIARY FIAT.

See FIAT, AUXILIARY.

ATTACHMENT.

1. When a prisoner will be discharged from an attachment for nonthe payment of money, process being irregular. Ex parte Malachy, 1 Mont. & Ayr. 257.

ATTESTATION.

1. The same strictness as formerly is not insisted on as to attestation. Ex parte White, 3 Dea. & Ch. 366.

2. The attestation to a petition to stay the certificate cannot be amended. See dictum to that effect per Sir G. Rose. Ex parte Tanner, 2 Dea. & Ch. 565.

3. A petition to stay the certificate and supersede was presented: on being called on, the petitioner agreed to withdraw the prayer as to the certificate, and to let the petition stand over, without prejudice, to be heard as to the supersedeas, held a waiver of an informal attestation. Ex parte Tanner, 2 Dea. & Ch. 563. S. C. Mont. & Bli. 390.

"

4. Signed by the petitioners, A. B. and C. D., in the presence of T. S., acting as solicitor for T. A.” it appeared T. A. was not a solicitor of the Court. Semble the attestation is good. Ex Tanparte ner, 2 Dea. & Ch. 563. S.C. Mont. & Bli. 390.

BANKRUPT, SUITS BY.

1. If a bankrupt be made defendant to an action with a trustee, and a decree be, in his absence, pronounced against him, and he be afterwards allowed to come in without the trustee, and defend the action, he cannot be compelled to find security for costs. Taylor v. Fairlie, 1 Clarke & Finnelly, 355.

2. If a bankrupt take the conduct of the defence out of the hands of his assignees, it may be proper to compel him to give security for the costs. Taylor v. Fairlie, 1 Clarke & Finnelly, 361.

BANKRUPTCY OF TRUSTEE.

Bankrupt trustee removed, and ordered to convey to new trustees. Ex parte Painter, 2 Dea. & Ch. 584.

BANKRUPTCY OF
EXECUTOR.

1. Bankrupt executor allowed to prove against his own estate; dividends to be paid into the hands of the accountant-general. Ex parte Colman, 2 Dea. & Ch. 584.

BANKRUPTCY OF PETITIONING CREDITOR.

Petitioning creditor becoming bankrupt before opening. Ex parte Smith, 3 Dea. & Ch. 309.

4. It seems the assignees, and not the bankrupt, pay the fee for the signature of the commissioner to the certificate. Re Dawson, 3 Dea. & Ch. 317.

5. It seems that a sole executor who becomes bankrupt may sign his own certificate. Re Lawrence, 1 Mont. & Ayr. 453.

6. A power of attorney to sign the bankrupt's certificate, executed abroad, is sufficiently authenticated by the attestation of a British consul. Ex parte Wilkinson, 2 Dea. & Ch. 585. S. C. Mont. & Bli. 257.

7. A power of attorney from a creditor residing abroad to sign the bankrupt's certificate is sufficiently authenticated by the attestation of a notary public, without any affidavit to verify the signature. Ex parte Myers, 2 Dea. & Ch. 406.

8. Semble, that a creditor who has signed the certificate by attorney cannot stop the certificate by subsequently withholding an affidavit verifying his signature to the power. Ex parte Dunstan, 1 Mont. & Ayr. 619.

9. A petition to stay the certificate in order to prove, must show that the petitioner's debt would turn the certificate. Ex parte Skipp, 2 Dea. & Ch. 88. S. C. Mont. & Bli. 262.

10. Where the certificate has been stayed by creditors who afterwards withdraw their opposition, and consent to its allowance, the Court will allow the certificate without the usual explanatory affidavit. Hall, 2 Dea. & Ch. 44. S. C. rather differently reported, Mont. 508.

Re

11. Quære, Whether the discharge under a certificate be from the time of allowance or enrolment? Jacobs v. Phillips, 1 Cro., Mee., & Ros. 195.