LIMITATIONS, STATUTE OF. See SOLICITOR, 2.
See ACT OF BANKRUPTCY, 3.

LUNATIC.

MARKET GARDENER. See TRADING.

MISDESCRIPTION. See FIAT, 6, 7.

NOTICE. See REPUTED OWNERSHIP, 2, 3.

OFFICE FEES. - 1. Annulling fiat without payment of the 10l. and 201. office fees-Certificate of commissioner.-On a petition to annul a fiat with consent of creditors, the commissioner declined to certify the consent without payment of the office fees of 101. and 201. Assignees had been chosen, but it was stated that there were not, and were not likely to be, any assets. The court requested the commissioner to certify his opinion whether there were any available assets. Ex parte Davis, 267.

2. Same.-Where a bankrupt sued out a fiat against himself, and only one creditor proved, and assignees were chosen, but there were no assets, and the office fees of 107. and 201. had not been paid, the court refused to dispense with the usual certificate of the commissioner, on an application to annul with the consent of the creditor. Ex parte Nicholls, 331.

3. Same. On a petition of the bankrupt, with the consent of all the creditors who had proved, to annul the fiat, the commissioner refused to sign the requisite certificate unless the fees of 201. and 10l., payable under 1 & 2 Will. 4, c. 56, ss. 46 and 55, were paid. There were no assets. The fiat was ordered to be annulled on the registrar being satisfied of the concurrence of the creditors. Ex parte Diamond, 143.

4. Same. On the bankrupt petitioning to annul the fiat with the consent of the creditors, and commissioner's refusing to sign the certificate until the above fees and the fees of 101. and 20l. payable under the same act (ss. 46 and 55) were paid: Held, that the fiat ought to be annulled on payment out of the fund realized of the expenses, and a proper remuneration of the official assignee, to be ascertained by the commissioner. Ex parte Miller, 144.

5. Choice of assignees, what a sitting for-As to office fee of 11.A meeting and an adjourned meeting was held for the choice of assignees, but none were chosen: Held, that the payment of 17., directed by 1 & 2 Will. 4, c. 56, s. 55, to be made for every sitting other than any sitting for the choice of assignees, &c. was not due on either of the above sittings. S. C. ib.

6. Refunding after fiat annulled.-Where a bankrupt sued out a fiat against himself, which was annulled, and no creditors' assignees had been chosen, the office fees of 101. and 201. paid by him into the bank were ordered to be returned. Ex parte Reynolds, 373.

7. Refunding-Assets insufficient to pay petitioning creditor's costs. Where the sums of 201. and 107., directed to be paid by 1 & 2 Will. 4, c. 56, ss. 46 and 55, had been paid out of an estate which was insufficient to pay these sums and the petitioning creditors' costs

up to the choice, the Lord Chancellor refused to order the payments to be refunded to the petitioning creditors. Ex parte Hopkins, 204. 8. Solicitor's bill-Application of 101. and 201. office fees in payment of. Under the bankrupt's own fiat, there being no probability of any choice of creditors' assignees, and the office fees of 101. and 201. having been paid to the accountant-general: Held, that they might be applied in payment of the bill of costs of the bankrupt's solicitor. Ex parte Buchanan, 344.

9. Solicitor's bill paid without reservation of office fees of 101. and 201.-Where an official assignee had been appointed, but although three meetings had been advertised for the choice of assignees no creditor attended, and the bankrupt past his last examination: Held, that the bill of the solicitor to the petitioning creditor was payable out of the assets realized, although there would not then remain any fund to pay the 101. and 201., made payable by the 1 & 2 Will. 4, c. 56, ss. 46 and 55, the bankrupt having obtained his certificate, and an affidavit being made of there being no probability that any creditor would come in and prove. Ex parte Teague, 140.

10, Same.-Bill of solicitor of bankrupt suing out a fiat against himself, under which no assignees were chosen, ordered to be paid out of the fund in the hands of the accountant-general, without making any reserve for the office fees of 101. and 201. The accountant-general ought not to be served with the petition for payment. Ex parte Jerwood, 373.

11. Same. Where under a fiat sued out by the bankrupt himself three meetings had been advertised for the choice of assignees, but none had been chosen, and at the last of the meetings the choice was adjourned sine die: Held, that the bill of costs of the bankrupt's solicitor, amounting to 361. 1s. 6d., was payable out of the assets in hand, amounting to 371. 11s. 7d., after payment of the messenger's costs, (the official assignee waiving any remuneration,) without any reservation being made in respect of the office fees of 201. and 101. Ex parte Patterson, 158.

OFFICERS. See FRIENDLY SOCIETY.

OFFICIAL ASSIGNEE.-1. Defaulter.-In the case of a defaulting official assignee, the court ordered that no sum should be paid in respect of monies due to him in any bankruptcy until he had made good all the amounts due from him in other bankruptcies. Ex parte Graham, 328.

2. Duty in calling for old accounts.-Where there had been no audit of the assignees' accounts, and large sums had been received by them, it was held that the official assignee acted properly in calling for an audit, although twenty-five years had elapsed since any step had been taken, and no creditor made any complaint; but the court being of opinion that the official assignee might, with little difficulty and at a small expense, have satisfied himself that the circumstances did not render it incumbent upon him to continue to prosecute a claim against the creditors' assignees, he was not held entitled to his

full costs as against the latter, there being no estate. Shan, 242.

Ex parte

3. Right of official assignee to appear separately.-Where, upon an equitable mortgagee's petition, the mortgagee and the creditors' assignees appeared by the same solicitor, the court ordered the sale to be conducted as the commissioner should think fit, having regard to this circumstance; and the official assignee was allowed his costs of appearing separately. Ex parte Bromage, 375.

4. Suspending advertisement. The official assignee represents the creditors sufficiently to enable the court to suspend the advertisement by consent before the choice of creditors' assignees, although the bankruptcy is disputed. Ex parte Potts, 326.

And see OFFICE FEES, 4.

OPENING ACCOUNTS. See ASSIGNEES, 1.
OPENING FIAT. See FIAT, 8.

ORDER FOR SALE.-Form of order where equitable mortgagee is sole creditors' assignee.-Form of order upon a petition of an equitable mortgagee who was sole creditors' assignee. Ex parte Young, 146.

And see PROOF, 8.

ORIGINAL PETITION.

See APPEAL.

PARTICULARS OF DEMAND. See FIAT, 5.

PARTNERS. See PROOF, 4, 9, 10. REPUTED OWNERSHIP,

1, 4.

PETITION.-Reading examination.-Examinations before the commissioner cannot be read as evidence on a petition. Ex parte Rees, 205.

PETITION TO CHANCELLOR. See APPEAL.

PETITIONING CREDITOR'S DEBT. See FIAT, 8.

PROCEDENDO.- Reputed ownership in shares.-A procedendo ordered to issue where a commission had been superseded three years previously by consent of the creditors, on the ground that the bankrupt had not disclosed the fact of his being entitled to shares in a waterworks company, his defence being that the shares were subject to a mortgage for more than their value, but which mortgage turned out to be invalid for want of notice to the company. Shares in such company held subject to the law of reputed ownership, the company's act of parliament declaring them to be personal property. Ex parte Lawrence, 269.

PROFITS. See PROOF, 11.

PROMISSORY NOTE. See PROOF, 12.

PROOF.-1. Banker and customer-Bills of exchange deposited, whether distinct debts.-A customer pays in bills of exchange to his bankers and becomes bankrupt. The bankers prove for the

whole balance due from him, and afterwards some of the bills of exchange paid in are paid in full by other parties liable, some before and some after the dividend is declared: Held, that the proof ought to be reduced by the amount of the paid bills and the dividends refunded. Ex parte Hornby, 69.

2. Bill of costs of wife's proctor.-Where a husband sued his wife in an ecclesiastical court for a divorce on the gronnd of adultery, and before any monition for costs, taxation, or any bill of costs porrected, or any decree, order or sentence, the husband became bankrupt and discontinued the suit: Held, that the wife's proctor might prove against the husband's estate for the amount of his bill of costs. The whole of the costs for executing a commission to examine witnesses, sued previously to but closed after the act of bankruptcy, held to be proveable. Ex parte Moore, 173.

3. Breach of trust-Employment of trust monies in trade-Construction of will.-A testator directed that it should be lawful for his wife to retain in her hands and employ in his business any part of his assets, not exceeding 6000l., so long as she should think fit, if she should continue his widow, and appointed her and his son executor and executrix. The widow took the son into partnership with her in the trade, and they both became bankrupts: Held, that the use of the 60007. in this trade was not an employment of it in the testator's business according to the direction of the will, but was a breach of trust on which proof might be made against the joint estate. Ex parte Butterfield, 319.

4. Breach of trust-Partners-Change of firm.-A testatrix bequeathed 3000l. to two trustees upon trust to invest it in the funds or on real securities, or to lend it to the house of H. & Co., by whatever firm the same might be called, at interest, with power to vary the securities for others of a like nature. The house of H. & Co. then consisted of the two trustees and two other partners; one of the trustees died, and successive changes took place in the firm, which ultimately consisted of the surviving trustee and a new partner, who had notice of the trust. At the death of the testatrix, the then firm owed to her estate more than 30007., and that amount, less the legacy duty, was suffered to remain due from them at interest, and was, on the successive changes of the firm, carried over to the credit of the trustees as due from the new firm, and on the last change the surviving trustee took from his partner and himself a promissory note for the amount, payable six months after notice. On the firm becoming bankrupt, held that a breach of trust had been committed, and that there was a right of proof against each separate

estate.

Ex parte Poulson, 79.

5. Contingent debt-Contract depending on bankruptcy. — A father bequeaths his business and stock in trade to his sons, with a declaration that a grandson, then an infant, should be admitted into the firm on attaining twenty-one, or in default thereof, that the sons, or the survivor of them, should pay the grandson 10007. on his attaining twenty-one. On the bankruptcy of the surviving son before

the grandson attained twenty-one: Held, that there was a right of proof for the 1000l. as a contingent debt. Ex parte Megarey, 167. 6. Dividend-Opening-General right to come in when dividend stayed to let in particular proof.-Opening dividend at instance of one creditor lets in others to prove. Ex parte Bowner, 343.

7. Dividend Staying to admit proof-Dividend stayed to give opportunity of proving to creditors who had delayed proving for eleven years, no dividend having been declared for upwards of ten years after the fiat issued. Ex parte Sturton, 341.

8. Mortgagee-Proof by, after order for sale only partly carried into effect. Where a legal mortgagee had obtained the commissioner's order for the sale of the property comprised in the security, and part of the property had been sold, and the proceeds applied in the reduction of the debt, and the remainder of the property proved unsaleable, the mortgagee was permitted to give up the unsold property and prove for the unpaid portion of his debt. Ex parte Greaves, 119.

9. Partners-Proof against joint estate.-Where a partner gives a separate security for a joint debt and becomes bankrupt, the other partners remaining solvent, the creditor may have, under the separate fiat, the usual order for sale, but can only have liberty to prove for the deficiency against the joint estate. Ex parte the Leicestershire Banking Company, 292.

10. Partners-Notice of dissolution-Rights of transferee of debts due from, continuing to retiring partner.-On a dissolution of partnership, the retiring gives to the continuing partner a bond for a sum payable by instalments, and after one instalment is paid, it is agreed that the bond shall be cancelled on the obligor giving fresh bonds for sums amounting to the sum then due; such new bonds being executed to obligees nominated by the retired partner. At the time of executing the new bonds the obligor is under some degree of pecuniary pressure, but does not contemplate bankruptcy or insolvency; afterwards he becomes bankrupt: Held, that the new obligees were entitled to prove against his estates, and that the want of any notification of the dissolution of partnership, or of any change in the style of the firm, or of any consideration between the new and old obligees, or between the obligor and the new obligees, would make no difference. In re Todd, 87.

11. Profits arising from misapplied fund.-Executors pay the legacies bequeathed to infants to their father, who invests them on colonial securities, and makes large profits, and becomes bankrupt: Held, that the legatees were entitled to have proof made upon the whole amount of the profits. Ex parte Montefiore, 171.

12. Promissory note, whether joint or several.-R. M., who carries on business in partnership with J. C., J. P. and T. S. as bankers, signs one of the notes of the bank in this form, "I promise to pay,' &c. " for J. C., R. M., J. P. and T. S., R. M.," on the firm becoming bankrupt: Held, that the holders could not prove on this note against the separate estate of R. M. In re Clarke, 153.