ACCOMMODATION BILLS.

An insolvent, accepting accommodation bills,
when unable to meet his own engagements,
ordinarily contracts a debt without reason-
able expectations of payment. Re Sorrell, 139
Accepting an accommodation bill at a time
when the acceptor is unable to pay his debts
contracted for valuable consideration, is con-
tracting a debt without probable expectation
of paying the same; and allowing the prin-
cipal who received money for the bill to sell
his chattels and leave the country, without
informing the parties who discounted the
bill, will be deemed evidence of an original
fraudulent intention. Re Allen, 189

AGREEMENT.

A. B. having petitioned the Insolvent Court,
his discharge was opposed by the plaintiff on
the ground of fraud, which opposition he
agreed to withdraw, on being paid his de-
mand in full; and, accordingly, having re-
ceived a bill of exchange for the amount
drawn by the insolvent upon and accepted
by the defendant, he withdrew his opposition:
Held, that the agreement being contrary
to the policy of the insolvent law, the plain-
tiff could not maintain an action upon the
bill even against the acceptor. Lewis v.
Kelly, 159

AMENDMENT.

The court has no power to amend the petition
under the 7 & 8 Vict. c. 96. Re Mewburn, 2

APPEAL.

Held, that there is no jurisdiction in the Court
for Relief of Insolvent Debtors in London to

review, alter, or annul proceedings in insol-
vency in the County Courts. Re Lewis, 100

ASSETS.

The assets of the estate of a deceased insolvent

being paid into court, are claimed by the
administratrix and next-of-kin, who offer
one-third to the creditors. The assignees
claim payment in full. How are the assets
to be apportioned? Re Hooker, 55

The assets of the estate of a deceased insolvent
being paid into court, are claimed by the
administratrix and next-of-kin, who offer
one-third to the creditors. The assignees
claim payment in full. How are the assets
to be apportioned?

Semble, the creditors cannot claim pay-
ment of their unsatisfied debts where judg-
ment has not been entered up before the
death of the insolvent. Re Hooker, 61

ASSIGNEE.

Women will not be appointed assignees. Re

Dancer, 112

Where there is no express contract for the pay-
ment of the messenger's fees, the creditors'
assignee in insolvency under 5 & 6 Vict.
c. 116, s. 1, and 7 & 8 Vict. c. 96, s. 4, is
not liable for them. Hamber v. Hall, 201

Held, that the judge of a County Court pos-
sesses and may exercise all the powers exer-
cised by the Court for Relief of Insolvent
Debtors at a hearing in reference to the no-
mination or appointment of assignees, but
unless he duly forward the papers containing
the notification of appointment and accept-
ance, as required by the 10 & 11 Vict. c. 102,
s. 10, to the court-house in Lincoln's-inn-
fields, the court will not take judicial notice
of the appointment, and will proceed to act
upon an application by another party for the
appointment as if there was no such assignee.
Re Howe, 214

A. being assignee of the estate of W. depo-
sited money in the bank of N., which bank
failing, the money was lost:

Held, that if the assignee exercises the
same care of the trust property as he would

of his own, and is not guilty of negligence,
and does not in depositing or distributing
the funds deviate from the ordinary course
of business or practice, but debits himself
with the trust funds as a separate account,
he is not liable. Re Williams, clerk, 306
Creditors of an insolvent who hold mortgages,
the benefit of which they will not consent to
waive, are not allowed to vote in the nomi-
nation of assignees.

A creditor who is a near relative of an in-
solvent will not be appointed assignee. Re
Cullyford, 70

Assignees will be allowed at the rate of five per
centum as a remuneration for the perform-
ance of their duties. Re Jacobs, 111
The court will order an assignee to make good
any deficiency in an insolvent's estate and
effects caused by the mismanagement or mis-
conduct of the assignee. Re Upton, 208
Assignees may be appointed before the hearing
and the filing of a schedule. Re Ward, 289
Held, that there is no power to appoint credi-
tors' assignee upon the day for granting the
final order, unless the first examination has
been adjourned for that purpose. Re Eccle-
stone, 314

ATTORNEY.

of the Commissioners of Her Majesty's Trea-
sury for the time being, certified under their
hands, pursuant to the 3 & 4 Vict. c. 107,
s. 92 (English analogous, 1 & 2 Vict. c. 110,
s. 103. Re Flynn, 167

The rule of instruction by the court respecting
oppositions by attorneys, upon application.
of insolvents to be admitted to bail till their
hearing, under 1 & 2 Vict. c. 110, is thus
endorsed upon the "Original notice of sure-
ties"-"Any creditor by himself, by coun-
sel, or by his attorney or attorney's agent
may there object to the proposed sureties, or
otherwise object to such application."

Held, that an attorney not being an attor-
ney named on the record, or the agent of
such attorney, could not be heard. Re Ellis,

255

Where the residence of a surety is misstated
in his affidavit, the court will not allow it to
be amended, and the bail will not be ac-
cepted. Re Hope, 298

A creditor may become bail for an insolvent.
Re Higgins, 9

BANKRUPT.

Re

Held, that an uncertificated bankrupt may be
discharged under the Insolvent Act.
Urquhart, 20

but not his clerk.

Re Fuller, 257

BAIL.

It is not absolutely necessary that the bail in
all cases should be double the amount of the
judgment debts. Re Jenvey, 9
When there is a clear case of remand against
an insolvent, he will not be admitted to bail
till his hearing. Re Dodds, 71

The court allows attorneys to oppose for credi-
tors in matters of bail. Re Hart, 81
A sheriff's officer will not be accepted as a
surety for an insolvent's appearance at his
hearing. Re Johnson, 83

An insolvent cannot be heard unless in actual
custody on the day appointed for his hearing.
Re Higgs, 85

Where the petition of an insolvent is dismissed
on the ground of his having presented a
schedule not giving a true account of his
affairs, and although liberty may be given
to file a new schedule, he will not be allowed
to be on bail till the second hearing, unless
there are favourable circumstances in the
case which did not appear on the first hear-
ing. Re Waters, 165

A debt due by a pay-clerk of the Board of
Works in Ireland is a debt due to the Crown,
and in case of his insolvency he cannot be
admitted to bail without the consent of three

by the Court of Bankruptcy for a limited
time, be relieved by this court?

Held, that this court will not interfere.
Re Felthouse, 20

BILL OF SALE.

An absolute bill of sale is valid in case of insol-
vency, notwithstanding the provisions of
sect. 61 of the Insolvent Debtors Act.

The 61st section of the Insolvent Debtors
Act applies only to conditional bills of sale.

Where defendant, in answer to an action
of trover by the assignee of an insolvent for
certain furniture, set up an absolute bill of
sale, the plaintiff was allowed the costs of
witnesses called to prove that such bill of
sale was fraudulent. Harding (assignee) v.
Tingey, 158

BREACH OF TRUST.

Under the 1 & 2 Vict. c. 110, the practice is,
that any agreement or settlement between
the parties subsequent to the contracting of
a debt, which has the effect of altering its
nature or character, will bar complaint.

Held, that this rule is extended to oppo-
sitions for improperly contracting a debt
under the Protection Statutes. Re O'Con-
nell, 48

CLERGYMAN.

Case by an insolvent beneficed clergyman
against the defendants for negligence as
attorneys.

The first count of the declaration charged
that, in consequence of the negligence of the
defendants, judgment was obtained against
the plaintiff, and that he was brought before
the Court of Exchequer by virtue of a writ
of habeas corpus, and remanded to the
Queen's Prison, charged with the amount
for which the judgment was obtained, and
that he was put to expense in endeavouring
to reverse the judgment.

Held (on general demurrer to a plea),
that such cause of action did not pass to the
plaintiff's assignees by the vesting order
under 1 & 2 Vict. c. 110.

The second count charged negligence in
setting aside a sequestrari facias which had
been issued against the plaintiff's living, by
reason whereof the writ remained in force
longer than it otherwise would have done,
whereby the plaintiff lost the rents, &c.;
but it did not aver any other damage.

Held (on special demurrer to a plea), that
the cause of action did pass to the plaintiff's
assignees. Wetherell v. Julius and another,
173

COMMITMENT.

The defendant not appearing, the court will
not make any order for his commitment until
he has first been served with a summons to
show cause why he sbould not be committed.
Beynon and others v. Bowers, 49
An order for payment of a debt by instalments
obtained upon a judgment recovered in a
County Court, being produced,

Held, that this court may grant protection
against an order for payment by instalments,
although it cannot against an order or war-
rant of commitment. Re House, 53
The public officers of a company neglecting to
obey the order of the court for the transfer
of certain shares belonging to an insolvent

into the name of the provisional assignee
will be committed to the Queen's prison
Re Palmer, 116

Where an insolvent out on bail is arrested
under a commitment of a County Court,
prior to the date of the petition, this
court cannot interfere. Re Stent, the elder,

245

A. being committed by a County Court for
forty days for nonpayment of a debt, he
being of ability to pay :

Semble, that the creditor cannot file a
petition under the 1 & 2 Vict. c. 110, s. 36.
and obtain an order for the vesting and dis-
tribution of the debtor's effects, according
to the provisions of the act, inasmuch as he
is in custody under a commitment against
which subsequent legislation has rendered it
impossible for the court to discharge the
debtor, and there is no principle of recipro-
city in vesting the debtor's property for the
benefit of his creditors, when he himself can
receive no benefit from the proceedings. Re
Armstrong, 262

CONTEMPT.

An insolvent imprisoned for contempt by
another court, for any other cause than non-
payment of money, will not be discharged
till he has purged himself from that con-
tempt. Re Roger, 72

COSTS.

Trover by the assignee of an insolvent.

Plea, that insolvent was not possessed.
The plaintiff, to prove that at a certain time
the insolvent was possessed, put in evidence a
bill of sale, by which the insolvent professed
to assign an absolute right to the property
in question to the defendant, and then pro-
ceeded to show that such bill of sale was
fraudulent.

A verdict was returned for the plaintiff.

Held, that the Master was right in allow-
ing the plaintiff the costs of impeaching the
bill of sale. That the 61st section of the
1 & 2 Vict. c. 110, does not apply to an ab-
solute bill of sale, but only to a conditional
bill of sale, and that therefore the plaintiff
was entitled to give evidence of the fraudu-
lent nature of this document. Harding
(assignee,) v. Tingey, 184

A petition being dismissed at insolvent's re-
quest, the costs of opposition were allowed
out of money in court belonging to the
estate. Re Herrick, 207

Held that the insolvent or his attorney has
a right to be present at the taxation of the
assignees' bills of costs. Re Dyson, 287

Circumstances under which the court will re-
fuse to grant an insolvent protection against
County Court judgments. Re Symons, 24

There is no invariable rule as to the mode of
dealing with insolvents against whom judg-
ments have been obtained in the County
Courts.

The court will exercise its discretion in every
such case, upon a view of all the circum-
stances. Re Dain, 25

A judge of the County Court has jurisdiction
to commit an insolvent for nonpayment of
instalments under an order of the court,
before the final order in insolvency, and after
protection granted.

A judgment summons under the County
Courts Act is not process within the meaning
of the Insolvent Acts.

A protection for a limited time, granted by
the Insolvent Court, is not a bar to proceed-
ings in the County Court. Brock v. Yarnold,
179

COUNTY COURT ORDER.

A., an insolvent debtor, received his current
pay as a warrant officer between the date of
his vesting order and his discharge under the
1 & 2 Vict. c. 110, and spent the whole in
the support of himself and his children:

It was held by the judge of the County
Court that A. was not entitled to his dis-
charge until the whole sum so expended was
paid to the official assignee for the creditors.

Held, that this cannot alter or amend the
adjudication of the judge of the County
Court. Re Down, 248

DAMAGES.

The court, in delaying the discharge of an
insolvent in custody for damages in an action
for seduction, will be guided solely by the
amount of the damages and the situation in
life of the parties. Circumstances of aggra-
vation or extenuation are for the consider-
ation of the jury at the trial. Re Howard,
296

DEBTS (AMOUNT OF.)

Debts included in schedules under the Protec-
tion Statutes must be included in estimating
the amount of a trader-debtor's liabilities
upon subsequent applications to the court
under these statutes, and if together they

exceed the statuteable limit, the petition will
be dismissed. Re Hurren, 139

DETAINER.

An insolvent, detained in prison after the
period of his remand has expired, at the suit
of a creditor whose detainer was lodged sub-
sequently to the hearing, and whose debt is
inserted in the schedule, will, on application
to that effect, be discharged by the court.
Re Dillon, the younger, 118

DISCHARGE.

A prisoner for debt applies for leave to come
up for a hearing under the 7 & 8 Vict. c. 96;
but it appearing that he had fraudulently
assigned property to his brother-in-law, the
application is refused.

Query, as no assignee is, or can be, ap-
pointed, and the petition remains on the files
of the court, how is the property fraudulently
assigned to be reached by the creditors ?

A rule nisi will be granted upon the insol-
vent to show cause why his petition should
not be taken off the files of the court, upon
which, no cause being shown, the petition
will be dismissed. The creditor will then be
at liberty to file a creditor's petition, under
the 1 & 2 Vict. c. 110. Re Brenning, 95
An insolvent arrested between the hour of
filing his petition and that in which he
obtains the protection signed by the com-
missioner, will be discharged. Re O'Beirne,

In the year 1847 defendant was taken in execu-
tion, and in July, 1849, the plaintiff died in
insolvent circumstances. On the 19th Fe-
bruary, 1850, the plaintiff's will was proved,
his widow being executrix. In the following
August the widow died intestate and without
issue; and though a diligent search had been
made, no personal representative or next-of-
kin could be found. The court declined
granting a rule for the defendant's discharge,
but acceded to a proposal of the defendant
that the case should be referred to the
Master to inquire into and report upon it at
the defendant's expense, power being given
him to advertise for next-of-kin. Ridsdale
v. Latour, 197

Quære, does the discharge of a debtor in
execution by the plaintiff operate as a satisfac-
tion of the debt, so as to disable the plaintiff
from proving for a dividend made under a
creditor's petition, filed previous to the dis-
charge, and under which no schedule had
been filed?

Held, that a discharge of the debtor before
adjudication is satisfaction; but that after
adjudication it is not. Re Gooding, 220
Defendant being indebted to plaintiff assigned
to him, by deed of mortgage, three policies
of assurance on defendant's life, and cove-
nanted to pay the annual premiums, and if
he did not, and plaintiff paid them, to repay
plaintiff. Defendant afterwards became in-
solvent, and was discharged under the In-
solvent Debtors Act. A premium accrued
due after the discharge, and being unpaid by
the defendant, and plaintiff having paid it,
and not been repaid:

Held, that defendant was not discharged
from liability for these breaches of covenant
by his discharge from the original debt under
the statute 1 & 2 Vict. c. 110. Russell v.
Smith, 224

The discharge out of custody of an insolvent

petitioner, by his detaining creditor, under
stat. 1 & 2 Vict. c. 110, before any adjudi-
cation, has the effect of divesting his estate
from the provisional assignee and revesting
it in the insolvent. Grange v. Trickett,
264

DISCHARGE AD INTERIM.
Held, that creditors may oppose a peti-
tioner's application for a discharge ad interim
upon the grounds of opposition enumerated
in section 24 of the 7 & 8 Vict. c. 96, and
that the court will act upon these grounds of
opposition there enumerated, not only upon
"the day for the first examination," but also
upon the preliminary application in the case
of prisoners for a discharge ad interim. Re
Mansell, 219

Creditors may oppose a petitioner's application
for a discharge ad interim, upon the grounds
of opposition enumerated in section 24 of
the 7 & 8 Vict. c. 96, and the court will act
upon these grounds of opposition there
enumerated, not only upon "the day from
the first examination " but also upon the
preliminary application in the case of pri-
soners for a discharge ad interim. Re Man-
sell, 246

A petitioner who is in custody, and applies for
his discharge ad interim, under the 7 & 8
Vict. c. 96, s. 6, will not be discharged unless
he is 66
a prisoner in execution upon a judg-
ment obtained in an action for the recovery
of a debt." Re Bell, 293

DIVIDEND.

The general rule upon declaration of dividend
and proof of debts is that creditors holding
securities from the debtor alone shall not
prove unless the security be given up or its
value ascertained by sale, so that the creditor
may prove for the difference; but the court
will, under peculiar circumstances, and upon
sufficient cause shown, where the amount of
the creditor's debt is very considerable, stay
the dividend, direct the creditor's security to
be estimated at its maximum value, and
allow him to prove for the difference, he
undertaking that, if the security is ultimately
sold for more than the estimated maximum
value, the surplus should be paid to the
assignees. Re Edward Bell, 233
Held," that creditors

having received
dividend from a separate fund produced from
an insolvent's estate in Scotland, will be ex-
Icluded from dividend until the other cre-
ditors are placed upon an equality with them
by having received dividends to the same
amount. Re Busby, 317

ESTATE.

A petitioner, who has assigned his property to
trustees for creditors within three months
prior to the date of his petition, must pay
the full value of it into court or the petition
will be dismissed. Re Merrall, 115

FINAL ORDER.

It was necessary to allege in a plea in bar under
the general form given in the 10th section of
the 5 & 6 Vict. c. 116, that the debt sued for
accrued before the filing of the petition; but
now a plea in bar, in order to be good under
that section, as modified by the subsequent
act (7 & 8 Vict. c. 96) should allege not only
that the debt accrued before the filing of the
petition, but also that it was named in the
schedule. Phillips and Another v. Pickford,
169