Annulling Fiat.] We have seen (ante p. 422), that where a joint fiat is sued out after a separate fiat, the separate fiat will in general be annulled, or impounded, if sales have been made under it; but not if the joint fiat be such as cannot be sustained (u). By stat. 6 Geo. 4, c. 16, s. 16, in every commission against two or more persons, it shall be lawful for the Lord Chancellor to supersede such commission, as to one or more of such persons; and the validity of such commission shall not be thereby affected as to any person as to whom such commission is not ordered to be superseded, nor shall any such person's certificate be thereby affected. (Ante, p. 421). In the case of a joint commission against two, and one only had committed an act of bankruptcy, the commission was superseded as to the one not bankrupt, without prejudice to the validity of the commission as to the other, or to his certificate thereunder (x); and it seems that, under this section, a fiat against two can be annulled as to one for infancy, and stand good as to the other (y). A joint fiat against two upon a separate debt, and the adjudication as to one only, is invalid, and the fiat being superseded as to the other trader, will not render the fiat valid as a separate fiat (2). In case of a petition to supersede a joint fiat, under which two of the bankrupts had not surrendered, the court superseded the fiat as to those only who had surrendered (a). So also, a commission against T. C. and three others, was superseded as to T. C., on the petition of the assignees under a prior commission against T. C. and another (b); but it seems doubtful whether this clause of the statute gives jurisdiction to annul a fiat as to one of two bankrupts, to give validity to a subsequent fia against the other with a third person (c), or whether a joint fiat originally invalid as to one partner, can, by being superseded as to that partner, be rendered valid against the other partners (d). To annul a fiat issued against two, one of whom is dead, the personal representative of the deceased bankrupt should join in the petition (e). As to annulling a fiat generally, see ante, p. 320. The Assignees.] Assignees under a separate fiat, upon petition to the Court of Review, may obtain leave to commence and prosecute actions at law, or suits in equity, jointly, in their own names and the names of the remaining partners. (6 Geo. 4, c. 16, s. 89, ante, p. 385). See as to assignees generally, ante, p. 371, &c. The Bankrupts.] Formerly, under a joint commission, one partner alone could not be entitled to allowance (f). But now, by stat. 6 Geo. 4, c. 16, s. 129, in all joint commissions under which (u) Er p. Roberts, 1 Mad. 72. (r) Er p. Bygrave, 2 Glyn. & J. 391. (2) Er p. Clarke, 1 Dea. & C. 544. Mon. & B. 416. (b) Re Coleman, Mon. & M'A. 15. any partner shall have obtained his certificate, if a sufficient dividend shall have been paid upon the joint estate and upon the se parate estate of such partner, he shall be entitled to his allowance, although the other partner or partners may not be entitled to any allowance. But he is not entitled to double allowance, out of the joint, and out of the separate estate (g); nor is he entitled to allowance at all, unless both the joint and separate creditors are paid the proportion of their debts required by statute (h), nor until a final dividend (i); but each partner is entitled to his separate allowance, provided there is sufficient dividend on both estates, without regard to the estate from which the funds are supplied (); and the allowance of each partner is calculated upon the amount of his separate estate, and of his share of the joint estate, and not on the gross amount of the joint estate (1). And where the bankrupt was one of three partners, and his separate estate had paid 20s. in the pound, and the joint estate had paid 12s. 6d. in the pound, but a sufficient dividend had not been paid upon the separate estates of the other partners, the bankrupt was held entitled for his own use to an allowance of £5 per cent., not exceeding £400 (m). As to other matters relating to bankrupts, their certificate, &c. generally, see ante, p. 408, &c. (g) Ex p. Bate, 1 Bro. 453; Cooke, 512. (h) Ex p. Powell, 1 Mad. 68; Ex p. Goodall, 2 Glyn & J. 282: see Ex p. Holmes, 2 Rose, 95; 3 V. & B. 137: Ex p. Farlow, 1 Rose. 421; 2 V. & B. 209. (i) Er p. Minchin, Mon. & M'A. IK (k) Ex p. Gibbs, Mon. 105: E Morris, Mon. 505; 1 Dea. & C. 526 (1) Ex p. Lomas, 4 Dea. & C. 24 Mòn. & A. 525. (m) Ex p. Minchin, Mon. & M'A. IK CHAPTER III. THE LAW RELATING TO THE BANKRUPTCY OF MEMBERS OF PARLIAMENT. By stat. 6 Geo. 4, c. 16, s. 9, if any such trader, (see ante, p. 36, &c.) having privilege of Parliament, shall commit any of the aforesaid acts of bankruptcy, (see ante, p. 47, &c.), a commission of bankruptcy may issue against him, and the commissioners, and all other persons acting under such commission, may proceed thereon in like manner as against other bankrupts; but such persons shall not be subject to be arrested or imprisoned during the time of such privilege, except in cases hereby made felony. And by sect. 10, if any creditor or creditors of any such trader having privilege of Parliament, to such amount as is hereinafter declared requisite to support a commission, (see ante, p. 65), shall file an affidavit or affidavits in any Court of record at Westminster, that such debt or debts is or are justly due to him or them respectively, and that such debtor, as he or they verily believe, is such trader as aforesaid, and shall sue out of the same court a summons, or an original bill and summons, against such trader, and serve him with a copy of such summons, if such trader shall not within one calendar month after personal service of such summons, pay, secure, or compound for such debt or debts, to the satisfaction of such creditor or creditors, or enter into a bond in such sum, and with two sufficient sureties, as any of the judges of the court out of which such summons shall issue shall approve of, to pay such sum as shall be recovered in such action or actions, together with such costs as shall be given in the same, and, within one calendar month next after personal service of such summons, cause an appearance or appearances to be entered to such action or actions, in the proper court or courts in which the same shall have been brought, every such trader shall be deemed to have committed an act of bankruptcy, from the time of the service of such summons; and any creditor or creditors of such trader, to such amount as aforesaid, may sue out a commission against him, and proceed thereon in like manner as against other bankrupts (a). (For the form of the Affidavit of debt and summons, see p. 159; and for the form of the Deposition, proving such act of bankruptcy, see ii. p. 160). And by sect. 11, if any decree or order shall have been pronounced in any cause depending in any court of equity, or any order made in any matter of bankruptcy or lunacy against any such trader (a) See Hunter v. Campbell, 3 B. & A. 373: Jameson v. Campbell, 5 B. & A. 250: Ex p. Harcourt, 2 Rose, 204. having privilege of Parliament, ordering such trader to pay any sum of money, and such trader shall disobey, the same having been duly served upon him, the person or persons entitled to receive such sum under such decree or order, or interested in enforcing the payment thereof pursuant to such decree or order, may apply to the court by which the same shall have been pronounced, to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such trader, being personally served with such last-mentioned order eight days before the day therein appointed for payment of such money, shall neglect to pay the same, he shall be deemed to have committed an act of bankruptcy from the time of the service thereof, and any such creditor or creditors as aforesaid may sue out a commission against him, and proceed thereon in like manner as against other bankrupts. (For form of Deposition, proving an act of bankruptcy under this section, see ii. p. 161, post). And lastly, by stat. 52 Geo. 3, c. 144, all members of the House of Commons found and declared bankrupt are rendered incapable of sitting or voting in the house for twelve months from the issuing of the commission, unless, in the meantime, the commission be superseded, or their creditors be paid the full amount of their debts; and if the commission be not superseded or the debts fully satisfied within the twelve months, the commissioners are then to certify the same to the Speaker, and thereupon the election is declared void; and the Speaker, during the next recess, shall cause notice thereof to be inserted in the Gazette, and in fourteen days afterwards shall issue his warrant to the Clerk of the Crown, to make out a new writ for the election of another member, in the room of the member whose seat is thus vacated. (For the form of the Certificate, see ii. p. 162, post). CHAPTER IV. FIATS AGAINST TRADERS IN INDIA. By the statute 9 Geo. 4, c. 73, Courts for the relief of insolvent debtors in India are established in the towns of Calcutta, Madras, and Bombay, and power is thereby given for all parties in prison for debt, &c. within the respective limits of the towns of Calcutta, Madras, or Bombay, or if resident within the jurisdiction of either of the Supreme Courts of Calcutta, Madras, or Bombay, and are not in prison, but can deliver up property to the amount of half their debts, or of a certain value therein mentioned, to petition the said courts for relief; and by sect. 9, the person or persons who shall present any such petition as is hereinbefore mentioned shall, at the time of presenting the same, execute an assignment to the common assignee, in such manner and form as the court shall direct, of all his, her, or their real and personal estate and effects, rights, dues, claims, choses in action, and interests, which he, she, or they shall then have or be entitled to, or which may in any way come to or be acquired by them before the court shall have made its final order in the matter of his, her, or their petition. And by sect. 10, if any person who, by an Act passed in the sixth year of the reign of his present Majesty, intituled “An Act to amend the Laws relating to Bankrupts,' or by any Act hereafter to be passed, shall be deemed a trader liable to become bankrupt, having been arrested or committed to prison for debt, or on any attachment for non-payment of money, shall, upon such or any other arrest or commitment for debt, be in prison for twenty-one days, or having been arrested or committed to prison, for any other cause, shall lie in prison for twenty-one days after any detainer for debt lodged against him, and not discharged, or any such person shall depart from within the limits of the jurisdiction of any of the said Supreme Courts, with intent to defeat or delay his or her creditors, it shall be lawful for any creditor to whom such person shall be indebted to the amount of one thousand sicca rupees, or for any two creditors to whom such person shall be indebted to the amount of one thousand five hundred sicca rupees, or for any three or more creditors to whom such person shall be indebted to the amount of two thousand sicca rupees, to present a petition to the Insolvent Debtors Court of the Presidency within which such person shall have been imprisoned, or have resided previously to such departure as aforesaid, stating the amount of the debt or debts due to such |