petitioning creditor to be amended; and will not stay the issuing of the fiat, at the instance of another creditor competing for it, on account of an alleged irregularity in the bond. Re Lees, 3 Dea. 36. ANNUITY. A. grants an annuity to C.; and B., as the surety of A., jointly and severally covenants with C. to pay the annuity; provided that if default should be made in payment of the annuity by A., C. would give notice in writing of so much of the annuity as might be in arrear, twenty-one days previous to the adoption of any measures against B. to enforce the payment of them. B. becomes bankrupt, before any default is made by A. in the payment of the annuity.— Held, that C. could not prove for the value of the annuity, under the provisions of the 6 Geo. 4. c. 16. s. 54. Ex parte Marks, re Colnaghi, 3 Dea. 133. The bankrupt granted an annuity of 421., in consideration of 4007., and received the whole of the consideration money, through the medium of the attorney employed by him in the transaction. Half an hour afterwards, at a different place, he repaid 1001. of this sum to the attorney, in discharge of a debt-Held, that this was not a return, or retainer, of part of the consideration money, within the provisions of the annuity act; and that the value of the annuity was proveable under the fiat. Ex parte Bogue, re Basun, 3 Dea. 314. Where the bankrupt in a deed, by which he granted an annuity to the petitioner, acknowledged a certain. sum to have been received by him, as the consideration money for the annuity; and, in a memorandum also of an account between him and the petitioner, admitted the same sum to be due; and the annuity was paid by him for ten years, without any impeachment of the consideration; the Court would not reject the right of the petitioner to prove, or claim, for the value of the annuity, because the bankrupt had made an affidavit that the whole of the consideration money, as stated in the memorial of the annuity, was not advanced by the petitioners to the bankrupts. Ex parte Fairman, re Lloyd, 3 Dea. 467. ANNULLING FIAT. (On Applications by the Bankrupt.) Although the bankrupt obtains a verdict in an action against his assignees disputing his bankruptcy, yet if the petitioning creditor is not a party to the action, it is not of course to annul the fiat. Ex parte M'Intosh, re M'Intosh, 3 Dea. 9. A fiat may be annulled, with consent of all the creditors, before the 42nd day, if two meetings have been held for proof of debts. Ex parte Foulkes, re Foulkes, 3 Dea. 11. S. C. 3 Mont. 725. On a petition to annul or reverse the adjudication, the Court will look at the depositions on the proceedings, to see whether they are sufficient to support the fiat; if insufficient, and the petitioning creditor, or assignees, offer no further evidence, the fiat is annulled as of course; but if sufficient, the Court will give the bankrupt an opportunity to contravert the statements contained in the depositions. Ex parte Field, re Field, 3 Dea. 24. To induce the Court to annul a fiat, on the bankrupt's suggestion that the object of the petitioning creditor in issuing it was to dissolve a partnership subsisting between the bankrupt and other persons,-the Court must be quite satisfied, that that was the sole object of the petitioning creditor. Ex parte Parkes, re Parkes, 3 Dea. 31. On a petition by the bankrupt to annul the fiat, for want of the proper requisites, when the affidavits are diametrically opposite as to the facts, the Court will direct either a vivá voce examination, or an issue; which, if taken by the bankrupt, will be under his liability to the costs. Ex parte Bunn, re Bunn, 3 Dea. 120. The bankrupt concocted a fraudulent fiat, in concert with the petitioning creditor, upon a fictitious debt; but, three days before it issued, gave notice to the other parties, that he would go no further with the project; and, after it issued, petitioned to annul it :-Held, that, being particeps criminis, he had no locus standi to present a petition for that purpose. Ex parte Nainby, re Nainby, 3 Dea. 121. On a bona fide petition of the bankrupt to annul, the Court will let him see the proceedings, or order him to be provided with copies of the depósitions; aliter, if the Court suspect it is not the petition of the bankrupt, but of a third party for a clandestine purpose. Ex parte Foster, re Foster, 3 Dea. 175. It is of course to annul a fiat, with costs, for want of prosecution, on the application of the bankrupt; unless the petitioning creditor presents a petition for further time to open it. Ex parte Jones, re Jones, 3 Dea. 230. If a creditor, who is a party to a deed of assignment of a trader's property for the benefit of his creditors, issues a fiat against him, it will be annulled with costs. Ex parte Bunn, re Bunn, 3 Dea. 119. On a petition by the bankrupt to annul, for want of an act of bankruptcy, the respondent must prove the affirmative. Ex parte Welden, re Welden, 3 Dea. 240. Any new depositions taken before the Commissioners, upon a reference back to them to review the adjudication, will be admissible in evidence to support the fiat. Ibid. The circumstance of a petition having been presented to the Lord Chancellor to annul a fiat, is not a suffi cient reason for the Court of Review declining to hear a petition on a collateral matter under the same fiat. Ex parte Higgs, re Evans, 3 Dea. 474. A joint stock banking company,during the pendency of a suit in equity brought by them against one of its members, for enforcing certain securities against him, and for an account,-proceed against him under the 1 & 2 Vict. c. 110. s. 8. (the Act for the Abolition of Arrest on Mesne Process), for the purpose of making him a bankrupt; their public officer swearing to a debt of 15,000l. being due from him, of which 90007. was in dispute; they proceed to adjudication, and obtain from the Commissioners a provisional assignment to themselves; no other creditors appearing to prove, and no assignees being chosen under the fiat. The bankrupt having petitioned to annul the fiat, stating, that he was solvent, and that the Company had not given him credit for 9000l. :-Held, that the Court was bound, in the exercise of its equitable jurisdiction, to annul the fiat; as it appeared to have been sued out, not for the legitimate purposes of a fiat in bankruptcy, but to enforce the payment of a disputed partnership debt by an ex parte proceeding, during the pendency of a suit in equity; dissent. Erskine, C. J. Ex parte Hall, re Hall, 3 Dea. 405. A solicitor may take out a fiat, as petitioning creditor, on the amount of his bill, before it is taxed; but, if after taxation it is reduced below 1007., the fiat will be annulled. parte Ford, re Ford, 3 Dea. 494. Ex Semble, that where the requisite ingredients to support the fiat are suf ficient on the face of the proceedings, and the bankrupt is furnished with copies of the depositions, and has notice that they will be read, on the hearing of his petition to annul the fiat, the bankrupt is bound to offer some evidence in contradiction of the depositions, before the respondents can be called upon for evidence to confirm them. Ibid. (On Application of Petitioning Creditor.) A petitioning creditor, on finding that he has not a good debt, may petition to annul, before the expiration of the time for opening the fiat. Ex parte Rogers, 3 Mont. & A. 506. (On Applications of Creditors.) An order was made by the Lord Chancellor to annul a fiat,-because it was directed to other than the proper list of Commissioners, on an untrue affidavit,-without a petition, and on a statement made by the Commissioners. Re Scott, 3 Mont. & A. 723. A. and B., joint traders, on the 25th February, execute a deed of assignment to trustees for the benefit of their creditors. On the 25th March, a separate fiat issues against A., and on the 10th August a joint fiat against A. and B. The trustees under the deed petition to annul the joint fiat, on the ground of B.'s infancy; but, it appearing that he was also an infant at the date of the trust deed-Held, that the trustees had no locus standi; and that even if they Dea. 54. Quære, Whether a joint fiat is in- A petition by a creditor to annul A. issues a fiat against a trader; Semble, that a joint fiat may be an- An assignee, who has a sufficient Where one of two assignees peti- An assignee, who had acted for APPEAL. Where a petition of appeal was pre- After a petition for annulling the Lord Brougham's observations in VOL. III. relating to the fiat, being wholly un- Although the 1 & 2 Will. 4. c. 56. 651. APPRENTICES. An articled clerk to an attorney is APPROPRIATION. A merchant abroad writes to B., 3 B |