3,0137. 15s. 4d.; which sums were paid to Edwards by cheques upon London bankers as follow; viz.

1833, March 23d, Caldecott

1834.

Ex parle TIPLADY and others.

of

£5,000 0 0

In the matter

1,013 15

4

DICKENSON.

10th, Caldecott

27th, ditto

June 1st,

That Tiplady and Barry sold the lease and fixtures of the bankrupt's house in Milk-street for 10,4157., which was paid to Edwards on the 30th of May last, in one sum, by the purchaser's cheque on Messrs. Ladbrooke and Co. bankers:

That Barry sold the mining shares for 850., and certain other effects for 167. 19s., and paid the two lastmentioned sums to Edwards on the 19th of April last, in one sum, by a cheque on Messrs. Smith, Payne, and Company, bankers, for 866l. 19s.:

That between the 19th of February and the 18th of June last Edwards received sundry debts and other sums of money on account of the bankrupt's estate, amounting together to 4,6277. 11s. 6d., the whole or nearly the whole of which was paid to Edwards, or his clerk, at his own office at Pancras Lane:

That the aforesaid sums of money amount altogether to 18,2501. 9s. 2d., which was all received by Edwards before the 18th of June last, and was the whole amount produced in cash up to that time from the property the bankrupt.

of

That, out of the sum of 850l. paid for the mining shares, Edwards paid 5741. Os. 4d. for which the shares were pledged by the bankrupt before his bankruptcy, but that Edwards charged a commission to the bankrupt's estate upon the whole of the 8501.:

1834.

Ex parte TIPLADY and others.

In the matter of

DICKENSON.

That such of the book debts due to the bankrupt as required any trouble and exertion in the collection were outstanding, and not received by Edwards up to the 18th of June last:

That for his trouble up to the 18th of June last, when a dividend was declared, Edwards charged the sum of 4887. 17s. 2d. :

That the particulars of such charge were as follow; viz.

Examining books and accounts

On collection of debts under 1007., five per

£10 10 0

cent. on 4,4121. 5s. 3d. received in cash 220 12 2

Ditto, do. above 100l. and not exceeding

5001., 2 per cent. on 3377. 19s. 9d. Ditto, do. other debts, one per cent. on

first 1,000%.

Half per cent. above, on 12,500l. 3s. 2d.

8 9 0

On money divided, two per cent. on first

62 10 0

20 0 0

1,0007. One per cent. above, on 14,9147. 10s. 7d. 149 3 0 On number of creditors who proved, 1s.

each, 153

- 7 13 0

£488 17 2

That exclusively of the sum of 4881. 17s. 2d. there was paid out of the estate to Messrs. Parrinton and company, auctioneers and accountants, for their services relating to the stock and the disposal thereof, the sum of 987. 10s. 3d., and that the sum of 4881. 17s. 2d. was exclusive of the 991. 7s. 10d. paid out of the estate for fees and compensation fund up to the 18th of June last, and of 101. 7s. 6d. for petty charges :

That to such sum of 4887. 17s. 2d. the petitioners Tiplady and Barry objected to the commissioner:

That notwithstanding such objection the commissioner was pleased to allow Edwards the whole of the sum of 4881. 17s. 2d.

The petition prayed that the sum of 4887. 17s. 2d. might not be allowed to Edwards, but that such sum might be allowed as to the Court might seem proper, and that the costs of and incidental to the application might be paid out of the estate.

In reply to this petition the official assignee made the following affidavit :

That at the issuing of the fiat there were 403 parties or firms (or thereabouts) indebted to the estate of the bankrupt in various sums, of which 345, or thereabouts, paid the amounts on or before the 18th of January, in consequence of the great exertions used by deponent to collect and get in the debts:

That 101 paid upon or after the first application; 150 upon or after the second; 53 upon or after the third; 35 upon or after the fourth; and 6 upon or after the fifth application :

That with the view of collecting as much as possible before the 18th of January, being the day appointed for a first dividend, he made special applications, in many instances alluding expressly to the day appointed for the dividend, and particularly requesting payment in order that the amount applied for might be included in the amount to be divided :

That had it not been for the great exertions which he so used, and by which he succeeded in obtaining payment from the 345 debtors, or thereabouts, a comparatively small number and amount of the debts would have been collected previous to the dividend meeting:

That, in addition to the applications to the debtors which were successful, he had applied to 58 other par

1834.

Ex parte TIPLADY and others.

In the matter

of DICKENSON.

1834.

Ex parte
TIPLADY

and others.

In the matter

of

DICKENSON.

ties or firms, or thereabouts, in a similar manner, on or before the 18th day of June, but without success :

That in addition to the collection of the debts, and the getting in of the property of the estate, there were various other duties of an extensive nature which devolved upon deponent, arising from or connected with the proper administration of the bankrupt's estate; as, for instance, examination of the bankrupt's books and accounts, and also the examination of his balance sheet; the examination and adjustment of the creditors' accounts previously to the proof of their debts, and subsequently on payment of their dividends; the making proper inquiries and taking proper steps with a view to the expunging and reducing of proofs, where he discovered or had reason to believe that the creditors have received monies from other sources connected with the bills and securities exhibited, or that for any other reason the proof made is greater than it ought to have been; also, the examination and payment of all claims for wages, allowance to the bankrupt, rents, taxes, rates, insurance upon property belonging to the estate, carriage of goods, and all other charges incidental to the working of the estate:

That the items specified in the affidavit of Tiplady as composing or forming the sum of 488l. 17s. 2d. were fixed and calculated by the commissioner himself, and by his direction copied in the margin of the accounts of the assignees previously to the accounts being sworn to, and passed by the commissioner; that such allowance was made by the commissioner after frequent meetings had been held by the commissioners of the Court of Bankruptcy, to consider and determine the principle and views by which they should exercise their discretion in making allowances to official assignees, having regard

to the nature of the duties to be performed by such official assignees, and to the amount of the respective estates to be administered:

That out of such allowance as aforesaid deponent has to pay the rent of his offices, clerks' salaries, and all other charges connected with the establishment of an office where extensive business is conducted:

That on the 19th of April last he paid 5747. 14s. 4d, by a cheque on his private bankers, to redeem certain mining shares which had been pledged, and on the same day received 8501., being the produce of a sale of such shares :

That the mode adopted for redeeming such last-mentioned property was highly advantageous to the estate, in having rendered an application to this Court unnecessary on the part of the equitable mortgagee for an order of sale, and all subsequent proceedings consequent on such order, whereby great expence was saved to the

estate:

That he has been informed and believes that previously to the issuing of the fiat the bankrupt offered a composition of 7s. 6d. in the pound in full satisfaction of the debts owing by him, and there has already been paid to the creditors who have proved a dividend of 9s. in the pound.

The following affidavit was made by Peter Harris Abbott and James Foster Groome, two of the official assignees :

That prior to their appointment as official assignees they had been for many years almost exclusively employed as public accountants, and had extensive employment and experience in the collection of debts due to bankrupts' estates, and the examination of bankrupts' accounts, and other business necessarily attending the winding up of bankrupts' affairs :

1834.

Ex parte TIPLADY and others. In the matter of DICKENSON.