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 27. Where the assignees refuse to bring an action for the recovery 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 find security for costs for the proceedings, as well before as since the fiat. Mason v. Polhill, 3 Tyrw. 595. See SHERIFF. General. 34. Trust estates do not vest in the assignees: the words of the 79th section of 6 Geo. 4. c. 16. as to assignees conveying trust estates are superfluous. Ex parte Painter, 2 Dea. & Ch. 584. 35. Where there are cross acceptances, and the right of set off clear, the Court will restrain the assignees from bringing an action. Ex parte Clegg, 1 Mont. & Ayr. 91. 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 cre ditor, 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 autho rity 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 See ESTATE Tail. AUXILIARY FIAT. See FIAT, AUXILIARY. ATTACHMENT. 1. When a prisoner will be dis- ATTESTATION. 1. The same strictness as for- 2. The attestation to a petition 3. A petition to stay the certifi- " 4. Signed by the petitioners, BANKRUPT, SUITS BY. 1. If a bankrupt be made defen- 2. If a bankrupt take the conduct BANKRUPTCY OF TRUSTEE. Bankrupt trustee removed, and BANKRUPTCY OF 1. Bankrupt executor allowed to BANKRUPTCY OF PETITION- Petitioning creditor becoming 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. parte Myers, 2 Dea. & Ch. 406. Ex 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. 11. Quære, Whether the discharge under a certificate be from the time of allowance or enrolment? Jacobs v. Phillips, 1 Cro Mee., & Ros. 195. 12. A certificated bankrupt cannot be discharged from arrest for a debt till his certificate is enrolled, but the Court will enlarge the rule till the enrolment. Jacobs v. Phillips, 4 Tyr. 652. 13. Doubt has been expressed whether the certificate is a bar for costs, when the only remedy is against the person. Jacobs v. Phillips, 4 Tyr. 660. 14. Costs, when connected with a proveable demand, as on a judg ment on a verdict for a debt obtained before the bankruptcy, are barred by the certificate. D. Lord Lyndhurst. Jacobs v. Phillips, 1 Cro., Mee., & Ros., 195. 15. The certificate is a bar to a claim for interlocutory costs taxed before the bankruptcy. Jacobs v. Phillips, 1 Cro., Mee., & Ros., 195. 16. If the trial of a cause be postponed by order of Court of N. P., on the defendant's application, on the terms of his paying the costs of the day, and the order be made a rule of Court, and the costs taxed, the demand for them is barred by the subsequent bankruptcy of the defendant. Jacobs v. Phillips, 4 Tyr. 652. 17. If an attorney receive money to the use of his clients, and not account for it, and become bankrupt, and obtain his certificate, the Court will not, on motion, order him to repay the money, the debt being barred by the certificate; but if fraud appear clear, query, Whether the Court, in the exercise of its jurisdiction over its officer, will enforce the payment as a modification of punishment which the Court would otherwise inflict? In re Bonner, 4 Barn. & Adol. 811. S. C. 1 Nev. & Man. 555. 18. By the bankruptcy and certificate of the husband, debts con tracted by the wife of the bankrupt, dum sola, are extinguished, and do not revive against her death of the husband. That which the upon is called "separate property of the wife," consisting of property in which the legal ownership is in others, though held for her benefit, cannot, in a court of law, affect the operation of the discharge of the husband by his certificate in extinguishing the antenuptial debts of the wife. If it could, the existtence of such property should be replied specially to a plea setting up such discharge, &c. but would form no objection to such plea or demurrer. Lockwood V. Salter, 2 Nev. & Man. 255. 19. If upon the grant of an annuity the grantor covenant to charge any property that he might become possessed of at his wife's death, either under her will or otherwise, with the payment of the annuity, and afterwards become bankrupt, and obtain his certificate, after which his wife die, having under a power in her settlement bequeathed to him an annuity of 700, the grantee is entitled to have the annuity of 700l. charged with the payment of the annuity granted by the bankrupt. Lyde v. Mynn, 4 Sim. 505. S. C. 1 Milne & Keen, 683. 20. If a co-surety with the bankrupt be compelled to pay the debt after the bankruptcy, the certificate is not a bar to an action for contribution. Clements v. Langley, 2 Nev. & Man. 269. 21. After stay of proceedings in an action upon the bail-bond, there may be a plea of bankruptcy in the original action, where the bail-bond is not ordered to stand as a security. Swainsbury v. Gandon, 3 Mann. & Ry. 16. |