ordered to bring an Action against 55. Certificate under a separate Com- mission of Bankruptcy, lying be- fore the Lord Chancellor for Allow- 56. Order allowing the Certificate, impounding the separate Commis- sion, and transferring the Proceed- ings and Proofs to the other Com- 57. A Person attending Commission- ers of Bankruptcy, without a Sum- mons, swearing, that he was a ma- terial Witness, and not contradict- ed, protected from Arrest, while remaining, though having left the Room by Order for the Purpose of separate Examination; and while returning whether while going, 58. Order to be discharged inmedi- ately, by the Party, in the first In- stance, if disobeyed, to be extend- ed to the Officer, with Costs. Ex 59. Application at the Bar without a Petition the proper Form in such undo, not by having a Sunimons, but upon Principle, applying to a 61. The Rule, that on a written Un- dertaking to pay Money on a Day certain, or on Demand, Interest shall run from the Day, or De- mand, without a Contract for it, not extended to the Case of a Sur- therefore subsequent to the Com- mission confined to Debts, carry- ing Interest by the Contract. Er parte Kock. 62. Joint Creditors having taken out a separate Commission of Bank- ruptcy, proving, and voting in the Choice of Assignees, may after- wards join the Bankrupt in an Ac- tion as a Co-Defendant, upon giv- ing a full Indemnity, undertaking to take no Advantage of the Ver- dict or Judgment against him, with Read. 346 63. Commission of Bankruptcy su perseded on Consent of the peti- tioning Creditor. Ex parte Trig- 64. Order under Circumstances re- straining the Insertion in the Ga- zette of the Declaration of Bank- ruptcy until the Proceedings should be laid before the Lord Chancellor. 65. A Farmer, making Lime from a Lime-pit, opened and worked be- 73. Discretion of the Great Seal to order Proof in Bankruptcy upon a Valuation, instead of a Sale of Securities regulated by Circumstances; and not too readily exercised. Ex parte Smith. 518 74. Property in the Possession and Disposal of a Bankrupt passes to the general Creditors by Stat. 21 Jam. 1. c. 19. s. 11, against. his Assignment. Ex parte Smith. 519 75. Bankrupt, not served with a Petition to stay his Certificate, on which an Attendance had been ordered, entitled to his Certificate ; and not bound by taking Copies of the Affidavits. Ex parte Kendall. vis. tion, Quare. Whitworth v. Da- 1. Under a Settlement in Trust to pay the Rents and Interest to the separate Use for the joint Lives of Husband and Wife; if she surviv- ed, for her Heirs and Executors: if he survived, according to her Appointment by Will; in Default thereof a Limitation over as to the real Estate; and, as to the per- sonal, to her Executors, the Wife cannot, during the Coverture, bind the Capital, surviving to her. Lee 2. As to the Effect of her subsequent Undertaking, when sole, to pay her Bond, given during Coverture, the 3. Where a married Woman stipu- lates, that in the Event of her sur- viving the Property shall be her's, reserving no Power of Disposition over it during the Coverture, there are no Means, by which she can dispose of it, while covert. 123 4. Material Representation in the Circumstances of a Person con- CONSTRUCTION. 1. Construction of Deeds: First, that a Provision for Payment of "the "just Proportion or Share" of all Debts, owing from one Partner jointly and as a Partner, referred, not to the Contribution as among the Partners, but to what with reference to the State of the Partnership Funds, and the Ability of the other Partners he may eventually be called on to contribute to the joint Debts; so as they may be fully paid Secondly, that under a Provision for Debts of various Descriptions no Preference was intended; which must be clearly shewn otherwise the Court favors equal Payment: Thirdly, a Reference to a Deed of a specified Date, there being Two of the same Date, One executed at that Time,' 'the other subsequently, was in the Absence of positive Evidence, and aided by Circumstances, applied to the former. Wadeson v. Richardson. Page 103 2. Construction of a Clause, giving Trustees Liberty to forbear enforcing Payment; that it was for their Indemnity; as if with a View : CONTRIBUTION. 1. Contribution enforced among Assignees in Bankruptcy to re-imburse a Payment by one under an Order for a Loss occasioned by their joint Act; and the Objection, that the Defendants acted only for Conformity upon the Representation and Advice of the Plaintiff, did not prevail. Lingard v. Bromley. 114 2. No Contribution between Wrongdoers upon entire Damages for a Tort. See PARTNERSHIP 1. 117 CONVERSION. 1. Where a Testator means to con; vert real Estate into personal for a particular Purpose, if that Purpose cannot be served, the Court will not infer any other Purpose. Page 175 2. General Right of Corporations, of whatever Nature, at Law to alienate their Lands, held in Fee, subject, as to Ecclesiastical Carporations to the restraining Statutes; and no Instances of a Trust attached upon the Ground of Misapplication, as not to Corporate Purposes, except the Case of Corporations, holding to Charitable Uses. Mayor and Commonalty of Colchester v. Lowten. 226 3. Whether such a Jurisdiction pre vails in other Cases, upon an Application to Purposes clearly not Corporate, Quære, Mayor and Commonalty of Colchester v. Low226 ten. |