SUPERSEDEAS.

1. 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.

2. If the bankrupt have tried the validity of the commission at law, and that with success, then he may demand the supersedeas. Per Sir G. Rose. Ex parte Clarke, 2 Dea. & Ch. 198.

3. A commission held under the circumstances not supersedeable, though there were not the requisites to support it, and there had been a verdict at law against it. Ex parte Munk, 1 Mont. & Ayr. 612.

6. A petition to supersede a joint commission on consent of creditors will be dismissed as to any one of the bankrupts who has not surrendered, but ordered as to those who have. Ex parte Knowlson, 3 Dea. & Ch. 191.

7. A commission may be superseded, though the bankrupt has not surrendered, if he attended at a meeting, and became unable to surrender at the last meeting through illness. Ex parte Thomas, 3 Dea. & Ch. 234.

8. Where an action has been fairly tried, and the verdict is against the commission, and the bankrupt is abroad, the fiat may be superseded on the petition of the petitioning creditor, though the bankrupt has not surrendered. Ex parte Foulger, 1 Mont. & Ayr. 457.

9. Although the adjudication has been reversed, a creditor has no right to have the fiat annulled where the bankrupt has not surrendered, even on a petition presented before the forty-second day. Cross, J., dissentiente. Ex parte Clarke, 2 Dea. & Ch. 194. S. C. Mont. & Bli. 379.

Staying Actions.

10. Where a bankrupt petitions to supersede, and at the same time brings an action against the petitioning creditor to try the validity of the fiat, he must elect which re

medy he will pursue. Ex parte Drake, 2 Dea. & Ch. 91.

11. A bankrupt petitioned to supersede, and at the same time brought an action; the Court refused to compel him to elect, but ordered the petition to stand over till the result of the action was ascertained. Ex parte Chambers, 2 Dea. & Ch. 372.

12. If bankrupt petition to supersede, having actions pending, he

vent, when four of his creditors are appointed inspectors of his estates, who, it was agreed, should receive the several consignments and remittances expected from the Brazil house, as trustees for the persons to whom the same might be ultimately found to belong; the Brazil house, ignorant of A.'s insolvency, make various consignments to A., directing him to sell them at certain places abroad, and to place the proceeds to the account of the Brazilian house; these goods are accordingly sold under the direction. of the inspectors, and the proceeds received by them; at the time of A.'s insolvency he was under acceptances to the Brazilian house to a larger amount than the value of the consignments, but such acceptances were on a general account, and not on the account of any particular consignment from the foreign house; A. afterwards became bankrupt, and a cession of the effects of the Brazilian house was also made to assignees according to the laws of Brazil: Held, that the assignees of the Brazilian house, and not the assignees of A. in England, were entitled to the proceeds of these goods. Ex parte Wacherer, 2 Dea. & Ch. 27.

FORMA PAUPERIS.

A libellous handbill, published by the bankrupt against the assignees and the solicitor to the commission, is not a sufficient ground for discharging an order which allowed the bankrupt to petition in formâ pauperis. Ex parte Morland, 3 Dea. & Ch. 248.

FRAUD, DEBTS PROVABLE THROUGH.

See DEBTS PROVABLE, 7. 8. 9.

FRAUDULENT PREFERENCE. See PREFERENCE, FRAUDULEnt.

FREIGHT.

See REPUTED OWNERSHIP, 26.

GAZETTE.

See STAYING ADVERTISEMENT, &c.

HABEAS CORPUS.

1. On a return of a habeas corpus, affidavits may be read to show facts not apparent on the face of the warrant. Per Lord Chancellor. Ex parte Bardwell, 1 Mont. & Ayr. 249.

2. On habeas corpus the party may object that a question was illegal, though he did not object before the commissioners. Ex parte Bardwell, 1 Mont. & Ayr. 207.

3. A prisoner regularly committed by a commissioner to the messenger, and subsequently irregularly committed by the subdivision court, is not, on a discharge under habeas corpus, remanded to the custody of the messenger. Ex parte Bardwell, 1 Mont. & Ayr. 214.

4. If a party, discharged by the Lord Chancellor from a commitment by commissioners on habeas corpus, be arrested for debt on his way home, it is a great contempt, and every person concerned may be

since marriage. Semble secus, if they had proved to save themselves from consequences of their own act if her consent had not been given. Ex parte Green, 2 Dea. & Ch. 113.

JOINT ESTATE.

The orders of the Court touching the administration of joint estates are founded on an equitable power possessed or assumed by the Court. Per Sir G. Rose. Ex parte Lomas, 1 Mont. & Ayr. 531.

JUDGMENTS.

An execution on a judgment on a warrant of attorney is not protected by 1 W. 4. c. 56. sect. 7., but is within the 108th section of 6 Geo. 4. c. 16. Crossfield v. Stanley, 1 Neville & Manning, 669. S. C. 4 Barn. & Adol. 87.

JURISDICTION OF THE LORD

CHANCELLOR.

1. The Lord Chancellor is placed at the head of the jurisdiction in bankruptcy to bring in his authority as Lord Chancellor. Dicas v. Lord Brougham, 6 Carr. & Payne, 250.

2. The Chancellor may commit for a contempt in bankruptcy. Dicas v. Lord Brougham, 6 Carr. & Payne, 351.

3. An action does not lie against the Chancellor for a commitment upon an erroneous judgment pronounced by him sitting in bankruptcy. Dicas v. Lord Brougham, 6 Carr. & Payne, 369.

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

commissioner to an official assignee, but it seems will only exercise it in extreme cases. In this case interference refused. Cross, J., dissentiente. Ex parte Tiplady, 1 Mont. & Ayr. 162.

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,