1805: could have registered his deeds with him under a belief that he was acting as the assistant of one, who by the course of The KING against nature had ceased to fill the office, in the execution of which The Corpora- he was to be assisted by the deputy. In this case Cole died tion of BED FORD Level, in December; and the greater part of the conveyances ob jected to, were registered some months after on the election. The case pressed upon us from Moor 112, on being considered, is not, we think, an authority against this opinion; where Manwood, C. B. says that "There is a diversity be tween copyhold grants by a steward who has a colour, and no right to hold a court, and one who has neither colour nor right; for if one who has colour assemble the tenants, and they do their service, the acts are good which he does as the under-steward, when the head-steward is dead." But this must be understood of acts of the under-steward after the death of his principal, and before his death is known; for if that were known to the tenants, what colour could he have to act? It is said in that book, that the acts of such steward (i.e. a steward de facto) are good, because the suitors cannot examine his title; but when his authority has notoriously ceased, no such reason obtains. This doctrine of Manwood's seems no more than what was the law in the case of all judicial offices, when the interest of the officers determined on the demise of the crown: for though, in consideration of law, the commissions of the Judges, &c. immediately determined on such demise, yet their intermediate acts, between the demise of the crown and notice of it, were good. 2 Hale's P. S. 24, Cro. Car. 97, Sir Randolph Crew's Case. We wish to be understood as saying nothing as to the registration of conveyances by Mr. Gotobed in Mr. Cole's life; and as it does not appear that any registra tions have been made by a deputy after the death of a prin cipal before the present occasion, we do not apprehend that any ill consequences will result from this our opi nion, which is confined to such registrations. [370] The Court then observed, That as it had been stated that there were some votes objected to on the part of Mr. Saffery, it was necessary to examine into the validity of those. objections before they finally pronounced upon the rule for the mandamus, as the parties could not agree to try the whole case upon feigned issues; but those who opposed the rule rule for the mandamus having declared that they should reserve their objections to a future stage of this proceeding," the Court made this Rule absolute. SIFFKEN and FEIZE, Assignees of BROWN, a 1805. against The Corporation of BEDFORD Level. [371] Friday, goods to be IN trover, for a quantity of wheat, which was tried on the B. a trader in general issue before Lord Ellenborough, C. J. at the sit- London,ordered tings after Trinity term, 1804, a verdict was found for the plaintiffs for 843 l. 3s. 7d. subject to the opinion of the Court, on the following case:- Frit shipped to him his correspond by D. and Co. ents at Dantzic, who were to draw for the amount on F at Hamburgh, who had agreed to accept the ceiving comamount) and the bills of lad mission on the ing and invoices were to be transmitted by Browne, the bankrupt, committed an act of bankruptcy on the 2d of September, 1801, upon which a commission, dated the 5th of October following, was issued, and he was afterwards duly declared a bankrupt, and the plaintiffs were bills chosen his assignees, and his effects assigned to them. The bankrupt for some time antecedent to September, 1801, was a merchant in London, importing corn and other merchandize from Dantzic and other places on the continent. zing of Hamburgh was the bankrupt's agent there, whom the bankrupt occasionally assigned a credit with from Dantzicto Dubois and Co. of Dantzic, for merchandize purchased by who was to forthem for him on the continent; allowing Fritzing the usual ward them to mercantile commission upon such transactions as passed and F. accordingly accepted through his hands. Messrs. R. and *J. Wilson of London the bills of were the corn-factors of the bankrupt; and he, on ordering exchange drawn upon him, and purchases of corn, frequently assigned a credit on them. In on the receipt upon D. and Co. F.at Hamburgh, B. in London; of the bills of lading transmit ted the same (which were made out to the order of the shippers and not indorsed) to B. in London, who received them, together with the invoices and letter of advice, five days after an act of bankruptcy committed by him. F. also became bankrupt, and the bills of exchange drawn on him by 1). and Co. were obliged to be taken up and paid by themselves: held, 1st, That F. had no right to stop the goods in transitu, being no more than a surety for the price, and not vendor or consignor. 2dly, That one who was general agent of F. in London having obtained the bills of lading from the bankrupt after his bankruptcy, upon an agreement when the goods arrived to dispose of them, and to apply the net proceeds to the discharge of such bills as had been drawn against the goods, had no authority to retain the proceeds against the assignees of B. the bankrupt, either in respect of F. or in respect of a stopping in transitu on behalf of D. and Co. the shippers, who after his possession of them, and after trover commenced by B.'s assignees for the value, sent a letter to him approving of his having obtained a possession of the bills of lading and the goods; for at any rate there was no adverse stopping in transitu, but the goods were obtained by agreement with the vendee after his bankruptcy, even if the defendant could be considered as agent at the time for the shippers by relation. July [372] 1805. SIFFKEN and Another against WRAY. July, 1801, the bankrupt gave an order to Dubois and Co. to ship for him 200 lasts of wheat in addition to 200 lasts then already ordered and shipped, and to value for the same in the usual way; viz. one-third on the bankrupt, one-third on Fritzing, and one-third on Wilson; or, if more convenient, to Dubois and Co. one half on the bankrupt, and onehalf on Fritzing; and to forward the shipping documents to the bankrupt through Fritzing. In pursuance of this order, Dubois and Co. procured 102 lasts of wheat and no more, '. on the account and risk of the bankrupt; and shortly afterwards shipped at Dantzic 74 lasts thereof by the Aurora, 18 lasts by the Die Froke Geselschaft, and 10 lasts by the Duchess, in part of the 200 lasts so ordered as fresh purchases; and on the 18th of August, 1801, they wrote a letter to the bankrupt, advising him of their having so done, and having in consequence drawn the after-mentioned bills on Fritzing and Messrs. Wilsons respectively, and having forwarded the ship documents of the two last-mentioned shipments to Fritzing to the further disposition of the bankrupt. On account of these fresh purchases, Dubois and Co. on the 14th of August, 1801, drew bills of exchange on the bankrupt to the amount of 10001. which he accepted, but did not pay. On the 18th of August they drew a bill on R. and J. Wilson for 5001. which was not accepted; and on the same day they drew bills on Fritzing for 1136 l. 4s. 5d. which were accepted. The invoice price of the wheat by the two ships Froke Geselschaft and Duchess was about 1400/ The parcel of wheat by the Aurora was stopped in transitu by Dubois and Co. On the same 18th of August, 1801, Dubois [373] and Co. transmitted to Fritzing the last-mentioned letter of that date written to the bankrupt, and two bills of lading indorsed in blank of the two parcels of wheat by the Gesel schaft and Duchess, in a German, letter, of which the following is a translation: "Mr. J. D. Fritzing at Hambro', Dantzic, 18th August, 1801. Sir, In answer to your two favours of the 21st and 28th ult. which we duly received, we pass the tenor thereof in silence, as we agree. We have laden for account for our mutual friend Mr. R. Brown, of London, 18 lasts of wheat in 967 sacks and seven deckers of matts on board the Koningsberg ship called the Froke Gesel schaft, M. Ridder, master, 10 Tasts ditto in 200 sacks, and three three deckers of mats on board the ship Duchess of Bar kley, J. Barr, master; and whereof you will find invoices and bills of lading here inclosed at your service; against which, however, we request you will be pleased promptly, upon presentation, to honour our drafts of this day, &c. (the drafts which were set out in the letter were seven in number, and drawn in favour of different persons, in the whole to the amount in sterling money of 1136 l. 4s. 5d.) and to account respecting the same with our said friend in London." Signed Dubois and Co. The bills of lading are in the usual form, both describing that Dubois and Co. were the shippers, and that the wheat by the Geselschaft was to be delivered to Messrs. J. H. Dubois and Co. or order; and the wheat by the Duchess unto order or assigns. Fritzing wrote a letter on the 25th of August, 1801, to Browne the bankrupt; of which the following is an extract:-" Inclosed I transmit you a letter from Messrs. Dubois and Co. who inform me that the bills of lading of 18 lasts of wheat in 367 bags D. and seven bundles of mate, by the Froke Geselschaft, Captain Ridder, and of the parcel of wheat by the Duchess, Captain Barr, from Barkley, shall be forwarded next post, as the Captain. had not sent them before departure of the mail. I now debit your account for 11367. 4s. 5d. in Dubois and Co.'s drafts, 18th August, ten weeks date, which are under acceptance, and of which please make due notice." Fritzing, in a letter of the 28th of August, 1801, transmitted to the bankrupt the two bills of lading without indorsing them, and also the letter from Dubois and Co. to the bankrupt, of the 18th of August, 1801, and which corresponded with the statement in Fritzing's letter to Browne of the 25th of that month. The bankrupt received Fritzing's letter, the bills of lading, anfl Dubois's letter on the 7th of September, 1801, being five days after an act of bankruptcy committed by him. The Froke Geselschaft arrived in the port of London on the 28th of September, 1801; and the Duchess on the 2d of October following. The bills so drawn by Dubois and Co. on the bankrupt for 1000. sterling, on J. and R. Wilson for 5001. and on Fritzing for 11367. 4s. 5d. were dishonoured and returned; and Dubois and Co. have retired or taken up the whole of them. The defendant was the general agent in this kingdom of Fritz. ing; and the bankrupt on the 7th September, 1801, deliVOL. VI. སྔ vered 1805. SIFPKEN and Another against WRAY. [374] 1805. SIFFKEN against WRAY. [375] vered to the defendant the bills of lading of the two parcels of wheat by the Froke Geselschaft and Duchess, on his giving and Another an undertaking in writing, of which the following is a copy:Mr. Robert Browne, London, 6th September, 1801. "Dear Sir, I hereby acknowledge to have received from you two bills of lading; viz. 10 lasts of wheat in 200 bags by the ship Duchess, Captain Barr; 18 lasts of wheat in 367 bags by the Die Froke Geselschaft, Captain Ridder, shipped by Dubois and Co. in Dantzic, which I will receive on arrival and dispose of to the best advantage; the net proceeds of which two parcels of wheat shall be exclusively ap plied to the discharge of such bills as have been drawn against them. I am, dear Sir, &c. A. Wray." - The defendant obtained the possession of the wheat and sold the same, the net proceeds whereof amounted to 8431. 3s. 7d. which the defendant has paid into the bank in the name of the accountant-general, in a cause in Chancery, to which the plaintiffs and defendants in this cause, and Dubois, with the curators of Fritzing's estate, are respectively parties, to abide the verdict in this cause, and the Lord Chancellor's decree thereon. This action was commenced on the 6th of February, 1802. On the 19th of March, 1802, Dubois and Co. did by letter approve of the defendant's having obtained the possession of the two bills of lading by the Duchess and Geselschaft, and also of the wheat which is the subject of this action, and claimed the proceeds arising from the sale of the wheat. Fritzing has become a bankrupt, according to the laws and regulations of Hamburgh; and Pitcarn and Ludendorf of Hamburgh, merchants, have been appointed his assignees or curators, and as such, claim the proceeds of the said two parcels of wheat. The bankrupt at and from the time of shipping the two parcels of wheat, was and now is indebted both to Dubois and Co. and to Fritzing in a greater sum of money than the invoice price of the wheat. The ques tion for the opinion of the Court was, Whether the plaintiffs were entitled to recover? If the Court should be of opinion that they were entitled to recover, the verdict to stand; if not, then a verdict to be entered for the defendant. [376] Scarlett, for the plaintiffs, said, There was no case directly in point; but the principles of the decided cases governed this. To prevent the recovery of the plaintiffs, it must either be shewn that they can derive no authority from Browne the bankrupt, |