ceived the dividends thereon, and placed them to the credit of the father's accounts The father died intestate in 1801; and in 1810 a commission issued against the banker, but he continued to receive the dividends, and pay them to the intestate's widow, up to the period of his own death, which happened in 1822; some time after which his assignees claimed a lien on the debenture for a debt due from the intestate to the banking house: Held, the assignees could not support the claim. Ex parte Douglas, 3 Dea. & Ch.

310.

See STOPPAGE IN TRANSITU.

MESSENGER'S BILL.

See TAXATION, 5.

MEETINGS OF CREDITORS.

As to the weight entitled to the consent of a meeting of creditors, see ex parte Thwaites, 1 Mont. & Ayr. 323; ex parte Beaumont, 1 Mont. & Ayr. 304; and ex parte Part, 2 Dea. & Ch. 1. See also Piercy v. Roberts, 1 Mylne & Keen, 4. See CONSOLIDATION.

1. In an action by a messenger against an assignee for the costs of advertizing a meeting, and of the room, it is not necessary for him to prove an employment by the assignee, nor any express recognition of him as messenger. Hamber v. Persur, 2 Cromp. & Mee. 209. S. C. 4 Tyr. 41.

2. 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.

MINUTES OF Order.

The Court will not vary the minutes of an order on the application of persons not parties to or bound by it. Ex parte De Begnis, 1 Mont. & Ayr. 279.

MORTGAGE

See LEGAL MORTGAGE-EQUITABLE MORTGAGE.

MOTIONS.

1. A motion may be made that the registrar may review his cert.ficate of taxation of costs. Ex parte Richardson, 1 Mont., & Ayr. 577

1. 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.

2. New fiat issued to give effect to more recent act of bankruptcy, time for opening not being expired. Re Crawley, 3 Dea. & Ch. 251.

NOTICE.

See DEBT PROVABLE, 29.

NOTICE OF DISHONOR OF

BILLS.

Notice of dishonor of a bill must be sent to the house of a bankrupt indorser, though he be not there, or the amount cannot be proved against his estate. The holder must use due diligence to give notice; the effect of such diligence is another thing. Notice must be given to the messenger, if in possession. Quære, As to the necessity of giving notice to the assignees? Ex parte Johnston, 1 Mont. & Ayr. 622. S. C. 3 Dea. & Ch. 433.

NOTICE OF MOTION.

Notice must be given of a motion to postpone the hearing of a petition, unless the motion is made when the petition is called on. Ex parte Grazebrook, 3 Dea. & Ch. 199, S. P. ex parte Binns, 3 Dea. & Ch 189.

MOTIONS.

See PRACTICE, 28.

ORDERS.

1. When a petitioner obtains a conditional order he must prosecute it, under peril of costs. Ex parte Austen, 2 Dea. & Ch. 384.

2. If after an order for sale of premises equitably mortgaged the assignees delay the sale, an application should be made to enforce the order, and not for a new order. Ex parte Robinson, 3 Dea. & Ch. 103.

See PRACTICE, 18. to 23.

OVER-RULED.

Anon., Buck, 475, over ruled, semble. Ex parte Coates, 1 Mont. & Ayr. 333.

OFFICIAL ASSIGNEE.

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

2. The Court will not compel the official assignee to join in a suit : if he refuse, and is made defendant, he may have to pay his own costs. Ex parte Evans, i Mont. & Ayr. 335.

S.C. 3 Dea. & Ch. 470.

3. The Court has jurisdiction to revise an allowance made by the commissioner to an official assignee, but it seems will only exercise it in In this case inter

extreme cases.

ference refused. Cross, J., dissentiente. Ex parte Tiplady, 1 Mont. & Ayr. 162.

4. An official assignee not served appeared: Held, if the commissioner actually directed him to appear he

might take his costs out of the estate; secus, if only leave were given. Ex parte Patrick, 1 Mont. & Ayr. 393.

5. If an official assignee be included in an order for payment of costs, the order may be enforced against him alone. Ex parte Murray, 1 Mont. & Ayr. 475.

PARTNERSHIP.

1. In cases of mines bankruptcy is not, as in other cases, a dissolution of the peculiar partnership which exists. Per Chief Judge. Ex parte Broadbent, 1 Mont. & Ayr. 638.

2. In general a partner in a mining concern is considered as a sort of shareholder, rather than a partner in the common acceptation of the term. Per Chief Judge. Ex parte Broadbent, 1 Mont. & Ayr. 638.

3. If one of two partners, after he has committed an act of bankruptcy, dispose of partnership property as a fraudulent preference, and the other partner whilst solvent ratify the act of the bankrupt partner, and a commission issue against both partners Q. Whether the disposition be valid against the assignees under a commission against both? Per Bayley, Baron. Burt v. Moult, 1 Crompton & Meeson, 530. S. C. 3 Tyrw. 570.

4. Where one of two partners commits an act of bankruptcy, he cannot afterwards bind the property either of his assignees or of the solvent partner. Burt v. Moult, 1 Crompton & Meeson, 529. S. C. 3 Tyrw. 569.

5. If, upon the formation of a partnership, one partner bring in, as his share of the capital, a brewhouse and other premises, which are

subject to mortgages for debts due by him, and afterwards retire from the business, and the continuing partners agree to take the brewhouse and share of the business, &c. at a valuation, but the amount not to be paid till the mortgages were satisfied, and the continuing partner becomes bankrupt, and the amount of the valuation is due to the retiring partner, and the mortgage debts remain unpaid, and the assignees, before any proof be made by the retiring partner, pay off the mortgages, they are entitled to deduct the sums paid by them from the dividends on the sum due to the continuing partner at the time of the bankruptcy. Rowe v. Anderson, 4 Simon, 267.

6. A solvent partner may, after a secret act of bankruptcy committed by his co-partner, make the firm liable by accepting a bill for a previous liability. Ex parte Robinson, 1 Mont. & Ayr. 18. S. C. 3 Dea. & Ch. 376, reversing ex parte Ellis, Mont. & Bli. 249. S. C. 2 Dea. & Ch. 555.

7. A solvent partner may sue in his own name and the name of the assignees of the bankrupt partner; but the assignees may stay proceedings until he gives security for costs, or they may, in equity, restrain him from receiving the proceeds. Whitehead v. Hughes, 4 Tyrw. 92.

8. A., being a dormant partner with B., dissolves partnership, and B. is declared indebted to A. on the balance of accounts; A. sues B. for this balance, and receives a cognovit for the amount and costs; B. becomes bankrupt: Held, that A. is entitled to prove against B., though some partnership debts are unpaid. Ex parte Grazebrook, 2 Dea. & Ch.

186.

9. A joint fiat issued against two partners, then commissioners were appointed in pursuance of 1 & 2 W. 4. c. 56. s. 14., a separate fiat against a third partner cannot be directed to the old commissioners. Ex parte Beague, 1 Mont. & Ayr. 445.

10. If, upon the dissolution of partnership, the retiring partner assign the whole of his interest in the partnership to the continuing partner in consideration of a certain sum being secured to him, and the continuing partner, and two persons as his sureties, severally and respectively covenant that they or some one or more of them would pay the amount by instalments, and one of the sureties take the benefit of the Insolvent Act, his discharge is a bar to an action against him on the covenant for instalments which became payable after the discharge, it being debitum in presenti solvendum in futuro. Guy v. Newson, 2 Cromp. & Mee. 142.

the respondent files his affidavits on Saturday, the petitioner is entitled to time to answer them. Ex parte Gladdish, 2 Dea. & Ch. 330.

4. Where affidavits in support are very voluminous, time will be given to answer them, on payment of costs, though the petition be in the paper of the day, and twelve days have elapsed since they were filed. Ex parte Williamson, 2 Dea. & Ch. 317.

5. Where a petition stands over to produce an affidavit of service, the respondent must have notice when the petition is to be brought on again. Ex parte Mucklow, 3 Dea. & Ch. 25.

Appeal.

6. Where a party wishes to appeal on petition, instead of special case, he must apply ex parte to have the matter heard on petition, and the respondent may subsequently move to set the order aside, if improperly obtained. Ex parte Keys, 1 Mont. & Ayr. 233. S. C. 3 Dea. & Ch. 266.

7. The pendency of an appeal is not sufficient ground for staying proceedings, more especially when it is plain that the appeal is brought for the purpose of delay. Ex parte Hinton, 2 Dea. & Ch. 407.

Commitment.

8. Practice as to commitment for nonpayment of money, &c. Note, 1 Mont. & Ayr. 262.

9. After an order to pay within a specified time, the next order is to pay within four days, or stand committed. This is of course at the office; but if circumstances render an application to the Court necessary, notice must be given to the other side. Ex parte Malachy, 1 Mont. & Ayr. 269.

10. If an order of committal be asked, the affidavit must state that the money is still due and owing, and that the party has not paid, or any person on his behalf, but the same strictness is not required on an intermediate order. Ex parte Murray, 1 Mont. & Ayr. 478.

Exceptions to Reports, &c.

11. A party intending to object to a report must either present a cross petition of exceptions or give notice of the nature of the objection. Ex parte Millard, 3 Dea. & Ch. 243.

12. A petition excepting to a report is heard before a cross petition to confirm it, notwithstanding the latter stands first in the paper. Ex parte Cox, and ex parte Smith, 3 Dea. & Ch. 11.

13. Not necessary to obtain leave to except to the Registrar's certificate of taxation. Ex parte Crockwell, 1 Mont. & Ayr. 379, in note.