4. (Commission.) The Court has no jurisdiction to order a commissioner to compel a witness to produce a document which the commissioner thinks he ought not to produce.--Exp. Groom, M. & A. 143. 5. (Committal.) The order of committal, after the four-day order, must be on petition.-Exp. Myers, M. & A. 87. 6. (Same.) An application to commit for non-production, &c. must be made on the same day the certificate is made.-S. C. 7. (Consolidation.) If the commissioners certify that a consolidation will be beneficial, the assignees need not be served.-Exp. Smith, M. & A. 60. 8. (Copies of depositions.) A petitioner to annul a fiat will not be allowed copies of the depositions before there is an office copy of the affidavit in support of the petition.-Exp. Maltheu, M. & A. 73. 9. (Costs of committal.) An order of committal for non-payment of costs, under which the party is committed, will not be suspended on the ground of an appeal, unless the costs are paid into Court.-Exp. Fox, M. & A. 18. 10. (Costs-Attachment.) An attachment for payment of costs is of course after disregard of the four-day order, but, unless ex necessitate, it will not be issued in vacation.-Exp. Hunt, M. & A. 18. 11. (Costs.) The Court will, if necessary, intimate to a Master in Chancery that he should allow the costs of preparing a special case as part of the costs of an appeal given by the Lord Chancellor.-Exp. Richards, M. & A. 59. 12. (Custody of proceedings.) Where the majority of the assignees wish the proceedings to be in the hands of a particular solicitor, the order is of course for their delivery accordingly, unless gross misconduct be charged, and a cross petition for removal, or an injunction.-Exp. Halford, M. & A. 52. 13. (Lapse of time.)—A petition, after a lapse of time, by the executors of the bankrupt, to charge the assignees for the default of old assignees, does not lie. Exp. Richards, M. & A. 75. 14. (Same.) After seven years, the Court refused to order the dividends to be refunded.-Exp. Soper, M. & A. 55. 15. (Petition standing over.) A petition will not be allowed to stand over to reply to affidavits in answer when there is laches.- Exp. Sidebottom, M. & A. 79. 16. (Registry of order.) An order of the Lord Chancellor, made in a suit brought by the assignees, was, on their application, ordered to be registered in the Court of Bankruptcy.-Exp. Williams, D. & C. 116. 17. (Service.) The affidavit on a motion for substituted service, must state that the party wilfully keeps out of the way to avoid service, and is not to be found.-Exp. Blandy, M. & A. 24. 18. (Substitution.) If the petitioning creditor pay a bill which he accepted for the bankrupt's accommodation, after it has been proved by the holder, he may use the name of the proving creditor as a substitution for his own insufficient debt.-Exp. Rogers, M. & A. 153. 19. (Varying minutes.) The Court will not vary the minutes of a former order, which has been pronounced more than three months, except on a petition for re-hearing.-Erp. Watson, D. & C. 106. 20. (Same.) Minutes of an order can only be varied where there is some mistake or misunderstanding on the part of the officer, the only remedy in other cases is by re-hearing.-Exp. Soper, M. & A. 58. 21. (Vivá voce examination.) If both parties agree a vivâ voce examination may be had of course. But if affidavits have been filed on both sides, the Court will read them in the first instance. If a vivâ voce examination be desired by the petitioner, he should state facts on his petition to shew the necessity, and make a preliminary application. Exp. Dugard, M. & A. 26, 27. 22. (Same.) In general the Court will not grant a vivâ voce examination after hearing a petition on affidavit; but the party is not estopped by not applying before the hearing.-Erp. Thompson, M. & A. 40. PROOF. 1. (Composition.) A composition creditor, who receives a bond as part of the composition, is, on failure in payment, entitled to retain the bond, and prove. Exp. Reary, M. & A. 33. 2. (Pledge.) Where goods in which the bankrupts were jointly interested with A. B., were pledged with the creditor to secure the payment of an acceptance of the bankrupts, and part of the proceeds were received by the creditor before he applied to prove :-Held, that he must deduct the amount received before he could prove on the bill. (Exp. Waring, 2 Rose, 182.) Exp. Prescott, D. & C. 23. 3. (Partners.) If after the dissolution of a firm of three partners by the retirement of one, a creditor draw on the three, and the two accept in the style of the three, the two are liable. Exp. Liddiard, M. & A. 87.. And see BILL OF EXCHANGE, 2, 3. PARTNER. REPUTED OWNERSHIP. 1. (Agency.) Where goods are delivered to a bankrupt to sell in the name of another, his selling them in his own name does not place them in his reputed ownership. Exp. Carlon, M. & A. 39. 2. (Lien.) By the deed of settlement of a banking company, it was stipulated that the company should have a lien on the shares of such proprietors as were customers and indebted to the bank, and that no share should be transferred without the consent of the directors; and an abstract of these provisions was indorsed on the certificate of the share held by each proprietor. The bankrupt, at the time of his bankruptcy, was the owner of thirty of these shares, and had in his possession the certificates of ownership thus indorsed, being then largely indebted to the bank for advances: Held, that the bank continue to have their lien on the shares. Exp. Plant, D. & C. 160. 3. (Fixtures.) The owner of a freehold gave a mortgage for a term of years, but remained in possession; while in possession he added fixtures: Held, that they were not in his reputed ownership.-Exp. Belcher, M. & A. 160. 4. (Same.) A bankrupt, the owner as well as occupier, of a freehold cotton mill, gave the petitioners an equitable mortgage on it, "together with the steam-engines, and also all and singular other the moveable and fixed machinery and steam-pipes then in, upon, about, and belonging to the said steam-mill and premises, or occupied or used therewith." The bankrupt continued in possession of the mills and fixtures up to the period of his bankruptcy: Held, that the machinery was not in the reputed ownership of the bankrupt.-Exp. Watson, D. & C. 143. 5. (Reversion.) A bankrupt deposits with the petitioner, by way of equitable mortgage, an assignment which had been made to the bankrupt of a reversionary interest under a will; no notice of the assignment was given to the executors either by the bankrupt or by the petitioners :— Held, that the subject of the assignment was not in the order and disposition of the bankrupt.-Exp. Newton, D. & C. 138. 6. (Separate estate of wife.) Furniture, settled to the separate use of a wife, the possession being consistent with the settlement, is not in the reputed ownership of the husband.-Exp. Massey, M. & A. 173. SERVANTS WAGES. To entitle a servant to an allowance of six months' wages in full, the hiring need not be for a year.-Exp. Collyer, M. & A. 29. SOLICITOR. 1. (Dividends.) If the solicitor to a fiat have dividends in his hands received from the assignees under a pretended authority from the creditor, the Court has jurisdiction to order him to pay them over to the creditor.Exp. Storey, M. & A. 54. 2. (Jurisdiction.) Independently of the provisions in the acts of parlia ment, the Court of Review has a general jurisdiction to refer the bill of any solicitor of that Court for taxation.-Exp. Copeland, D. & C. 86. 3. (Liability.) On an agreement for the dissolution of a partnership between two solicitors, who were the solicitors to the commission, the remaining partner agreed to pay the partnership debts. The assignees knowing this agreement, continued to employ the remaining partner: Held, that they could not charge the retiring partner with sums received by the partnership.-Exp. Gould, M. & A. 48. 4. (Bidding.) The solicitor to the fiat cannot have leave to bid at a sale of the bankrupt's property, unless under peculiar circumstances.—Exp. Town, M. & A. 29. SPECIFIC PERFORMANCE. The Court has jurisdiction to enforce a purchase of premises sold under Lord Loughborough's general order. (Exp. Barrington, 1 M. & A. 655.)— Exp. Barrington, M. & A. 246. SUPERSEDEAS. On a petition for a supersedeas, with consent of creditors, where one of the creditors could not be found, an order was made for the supersedeas, the petitioner undertaking to pay into Court the amount of the debt of the outstanding creditor.-Erp. Crowther, D. & C. 131. WITNESS. If, on a vivâ voce examination, witnesses are ordered out of Court, the petitioner, being a witness, has a right to remain in Court.-Exp. Dugall, M. & A. 84. LIST OF CASES. COMMON LAW. Adams v. Bankart, 1 C., M. & R. 681 Alemore v. Adeane, 3 D. P. C. 498 Angerstein v. Handson, 1 C., M. & R. 789 Ashton v. Poynter, 1 C., M. & R. 738; 3 D. P. C. 465 Atkinson v. Hawdon, 2 C., M. & R. 409 -- V. Warne, 3 D. P. C. Bain v. De Vetry, 3 D. P. C. 516 Blakemore v. Glamorganshire Canal Company, 2 C., M. & R. 133 Call v. Thelwell, 1 C., M. & R. 780; 3 D. P. C. 443 Pleading, 6 Act; Evidence, 7 Bill of Exchange, 2; Set-off Arrest, 7 Attorney, 11 Venue, 2 Copyright Bail, 5 Pleading, 3 Bail, 1 Bankruptcy, 3; Evidence, 3 Bail, 2 Libel, 3 |