2. Buying in without order.-Where an assignee bought in without an order, he was ordered to make good the loss occasioned by a resale. Ex parte Gover, 349.

3. Choice of, trustees proving against co-trustee cannot vote at.— Where one of several trustees of a charitable society became bankrupt, and his co-trustees tendered a proof for the amount due from him to the charity, and on the commissioner refusing to admit the proof without an order of court, an order was obtained and the debt proved by the co-trustees in pursuance thereof: Held, that the cotrustees were not creditors entitled to vote at the choice of creditors' assignees, and they having been the only persons voting, the choice was set aside, and a new one directed. Ex parte Rowe, 111.

4. Expense of agency under composition deed allowed to assignees under circumstances.-Trustees under an assignment for benefit of creditors employ an agent to proceed to America to recover part of the assigned property. Afterwards the debtors become bankrupt, and three of the trustees are appointed assignees: Held, that under the circumstances of the case the assignees ought to be allowed in their accounts the expense of employing the agent. For the purpose of bringing expenses within the description of just allowances, it is not necessary to show that they have actually benefited the estate, if there was a fair probability of their so doing. Ex parte Shaw, 242.

5. What passes to- Personal earnings of uncertificated bankrupt.-On a petition for the appointment of a new trustee in the place of the bankrupt, and that the new trustee might use the bankrupt's name in certain proceedings, the petitioner was ordered to pay the costs of the bankrupt and the assignees to them respectively. The bankrupt, who was a solicitor, and acted for himself in the matter of the petition, had not obtained his certificate: Held, that the costs ordered to be paid to the bankrupt belonged to him, and did not pass to the assignees. Ex parte Grimstead, 72. And see SOLICITOR.

BANKERS. See FRIENDLY SOCIETY. PROOF, 1.

BANKRUPT.-1. Examination-Adjournment sine die.-Where a bankrupt was examined before the commissioner respecting a book which the bankrupt stated that he had destroyed, the commissioner thinking, upon evidence produced before him, that the book had not been destroyed at the time stated by the bankrupt, adjourned the examination sine die, the court directed the examination to proceed. Ex parte Gibbs, 1.

2. Expenses on changing venue of fiat.-Bankrupt allowed his expenses arising from changing the venue of the fiat after adjudication. Ex parte Cheeseborough, 333.

And see ASSIGNEES, 5.

BILL OF COSTS. See PROOF, 2. SOLICITOR, 1, 2.

BILL OF EXCHANGE. See PROOF, 2.

BREACH OF TRUST. See PROOF, 3, 4.

CHANGING VENUE. See BANKRUPT, 2.
CHOICE OF ASSIGNEES. See ASSIGNEES, 3.

CLERK.-Salary of-Three months' payment.-A trader borrowed 5801. under an agreement, by which the lender was to become his clerk at a salary of 2221 10s. a year; the trader agreed to produce his accounts and balance sheet to the lender, who was to get in the debts, and alone to draw the cheques on the banking account. If the balance was in the trader's favour at any time, he might draw to the amount of it. On payment of the loan, or on proceedings being taken to recover it, the agreement was to be at an end. The lender was to have the option of becoming a partner. On the trader becoming bankrupt: Held, first, that the lender was a clerk, entitled to three months' payment in full; secondly, that the circumstance of the clerk having been absent from business, owing to ill-health, for three months immediately preceding the bankruptcy, with the bankrupt's sanction, did not take away the right. Ex parte Harris, 165.

CONFIRMATION.-By commissioner, of conveyance in fee by bankrupt tenant in tail before bankruptcy. Where a trader sold an estate, and conveyed it as tenant in fee simple, with the usual covenant for further assurance, and became bankrupt, and it was afterwards considered that he was tenant in tail only, it was ordered that the commissioner should be at liberty to execute a deed of confirmation to purchaser. Ex parte Fripp, 293.

COMMITMENT. See CONTEMPT, 1, 2.

COMPOSITION DEED. See ACT OF BANKRUPTCY, 1. CONTEMPT.-1. Commitment for-Appeal-Petition-Acquiescence in commitment-Form of order of commitment-Injunction.-1. Quære, whether a commitment by the Court of Review for contempt can be the subject of appeal. 2. An appeal from a series of orders of the Court of Review permitted under the circumstances to be by way of petition. 3. An apology, and petition to be discharged from custody and other proceedings, by a party committed for contempt under the order of commitment, and the consequential orders, held not to exclude the party committed from disputing the validity of the commitment. 4. An order of commitment should contain an express adjudication that a contempt has been committed. 5. Where such an order recites the petition on which it is made, and refers to a printed paper as being set out in the schedule to the petition, and then recites that the schedule to the petition is in the words and figures following, and sets out the printed paper, and then orders the party to be committed for his contempt in printing and publishing the aforesaid printed paper so set out as aforesaid in the said schedule to the said petition, quære, whether the order contains a sufficient adjudication that a contempt has been committed? 6. The circulation of a libel on a court, relating to a matter disposed of by an order still in minutes, is a contempt for which the court may commit. 7. One judge of the Court of Review, sitting as the court,

may commit for contempt. 8. In an action for the imprisonment under the commitment, the order is pleaded, and the plaintiff demurs: Held, that an injunction ought not to issue limiting the plaintiff as to the particulars in respect of which he might on such demurrer question the validity of the order. Ex parte Van Sandau, 55.

2. Irregular order of commitment-Damages.-1. Although an order of commitment should contain an express adjudication that a contempt has been committed, the want of an express adjudication is not sufficient ground for discharging the order. 2. Such an order may direct the party committed to pay the costs of the party complaining, but not his costs, charges and expenses. 3. When the party complaining obtained a warrant for the apprehension of the party ordered to be committed, and delivered it to the officer, by whom it was executed, and afterwards the party committed was discharged on his own application, and various orders were made founded on the commitment, and it afterwards appeared that the warrant by an oversight was not sealed: Held, that the commitment was invalid; that the consequential orders ought to be discharged; and that the party committed was entitled to recover damages from the party obtaining the process. S. C. 303.

3. Jurisdiction of Court of Review to issue an injunction.—The Court of Review has jurisdiction to restrain a party committed by it for contempt from questioning, in an action at law, the regularity, propriety, or form of the order of committal. Ex parte Turner, 30. CONTINGENT DEBT. See PROOF, 5. CONVEYANCE. See CONFIRMATION.

COSTS. See FIAT, 5. SOLICITOR, 1, 2. SURrender.
COURT OF REVIEW. See CONTEMPT. INSOLVENT.
DAMAGES. See CONTEMPT, 2.

DIVIDEND STAYED. See PROOF, 6, 7.

EQUITABLE MORTGAGEE. See ORDER for Sale.
EVIDENCE. See PETITION.

EXAMINATION. See BANKRUPT, 1. PETITION.

EXPENSES. See BANKRUPT, 2.

FIAT.-1. Amending, where one bankrupt died before adjudication. Where one of the bankrupts died before the adjudication under a joint fiat, the fiat was ordered to be amended by omitting his name. Ex parte Hall, 332.

2. Annulling-Bankrupt's petition to annul before surrender.— Petition of bankrupt to annul the fiat heard, although he had not surrendered, the time for his surrendering having expired between the presentation of the petition and the hearing. Ex parte Hodson,

374.

3 Annulling-Bankrupt's petition to annul before surrenderInsolvent Act.-Non-surrender by the bankrupt is no objection to his petition to annul the fiat, if the petition be presented before the

i time for surrendering has expired. The circumstances that the bankrupt has taken the benefit of the Insolvent Debtors' Act, and that the petitioning creditor's debt was included in the schedule, held insufficient ground for annulling the fiat. Ex parte Garnett, 95.

4. Annulling-Consent by bankrupt to advertisement no acquiescence in fiat.-Consent by bankrupt to the insertion of the advertisement forthwith, held no acquiescence in the validity of the fiat. Ex parte Gould, 29.

5. Annulling-Particulars of demand in affidavit of debt-Acquiescence-Setting off costs of petition against debt.-1. An affidavit of debt, filed as the foundation of an act of bankruptcy, stated the demand to be for goods sold and delivered, but by the particulars of demand the greater portion of the debt was stated merely as due on bills of exchange, which, however, it afterwards turned out, were given in respect of goods sold and delivered: Held, that the proceeding was irregular, and an insufficient foundation for an act of bankruptcy. 2. The debtor, on being served with the summons, called on the creditor's solicitor, and saw his clerk, at whose instance the debtor signed a memorandum, promising to pay at a certain time, or that if he did not the creditor might proceed on the summons. The debtor was attended by no solicitor on his behalf, and was not aware of the irregularity in the proceedings: Held, that neither the signature of the memorandum, nor his failure to attend the summons, prevented his impeaching the irregularity of the proceedings, but that the fiat ought to be annulled with costs. 3. Quare, whether it can be made part of the order that the creditor should set off his debt against the costs, and whether any consideration of the lien of the debtor's solicitor would prevent such an order being made. Ex parte Greenstock, 230.

6. Misdescription in fiat.-A bankrupt's usual place of business for two years before the bankruptcy had been at Hounslow, but he had taken for his family a house at Durdham Down, near Bristol, where he had resided for some months previous to his bankruptcy, and contracted debts. A Bristol fiat, describing him as of Durdham Down, and naming him Clarke instead of Clark, was transferred to the London court, to which a fiat with correct description had been issued, and the proofs were ordered to be transferred, the Bristol fiat being impounded. Ex parte Burbidge, 256.

7. Same.-Description of a bankrupt as of a particular parish in a particular county held sufficient, although the parish was partly in that county and partly in another, and the bankrupt's shop was in the other, an affidavit being produced of there being no other person of the same name and trade in the parish. In re Woodhead, 99.

8. Opening fiat-Petitioning creditor's debt secured by forged instrument no objection to opening fiat-Transfer of fiat to another commissioner.-At the sitting for opening the fiat it appeared that, for securing the petitioning creditor's debt, the trader against whom the fiat was issued gave a promissory note, which there were grounds for believing was forged. No prosecution having been

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instituted, the commissioner declined proceeding with the fiat. On the petition of the petitioning creditor, the court ordered the fiat to be transferred to another commissioner and proceeded with. Ex parte Hind, 161.

9. Trading-Validity of bankrupt's own fiat sued out after he has ceased trading-Creditor cannot petition to annul fiat for want of trading, after successfully opposing bankrupt's discharge under Insolvent Act on ground of trading.-Semble, a man who has ceased to trade cannot sue out a fiat against himself unless he owes a debt contracted during the trading, which would support a creditor's fiat. A creditor who has successfully opposed an application by an insolvent for relief, under 5 & 6 Vict. c. 116, on the ground that he is a trader, cannot afterwards petition to annul a fiat sued out by the insolvent himself for want of trading. Ex parte Mitchell, 257. FORGERY. See FIAT, 8.

FRAUDS, STATUTE OF.-Conversion of separate into joint demand by parol.—A parol agreement is sufficient to convert a separate into a joint debt, such an agreement not being a promise to answer a debt of another within the statute of frauds, but the creation of a new debt, in consideration of the former being extinguished. Ex parte Lane, 300.

FRIENDLY SOCIETY.-Bankers-Officers.-The rules of a friendly society provided that the treasurer retaining upwards of 101. more than seven days after he was required to pay it over should be excluded from the society. They also provided that a particular firm should be the bankers of the society, with power for a general meeting to appoint other bankers: Held, that the bankers for the time being were not officers, so as upon their bankruptcy to entitle the society to payment in full. Ex parte Harris, 162.

INJUNCTION. See APPEAL. CONTEMPT, 1.

INSOLVENT.-Appeal to Court of Review.-On an application by an insolvent for a final order, under 7 & 8 Vict. c. 96, s. 6, the commissioner remanded the insolvent (who had previously been discharged under the act) on the ground of his having recently petitioned the Insolvent Debtors' Court, and that proceedings were pending there: Held, that there was no appeal to the Court of Review from this order. Ex parte Newlands, 150.

And see FIAT, 2.

INSPECTION OF DEED. See SOLICITOR, 4.

JOINT ESTATE. See PROOF, 3, 9.

JOINT STOCK COMPANY.-Form of order in Chancery in case of bankrupt joint stock company.-Form of order in Chancery, under the act 7 & 8 Vict. c. 111, s. 20, for winding up the affairs of a bankrupt joint stock company. Re Forth Marine Insurance Company, 335.

LIEN. See SOLICITOR, 4.