The agent of a trustee for sale of
an estate, employed by the trustee
to sell the same, cannot himself
become the purchaser. [Whitcombe
v. Minchin] -

AMENDMENT OF BILL.

See PRACTICE, 6.

AMENDMENT OF PLEA.

See PLEA; 2.

ANNUITY.

See FEME COVERT.

ANSWER.

See IMPERTINENCE.

APPOINTMENT.

See DOWER, 1.

91

AWARD.

A submission to an award
may be
made a rule of court after the
award is made. [Smith v. Symes] 74

BANK.

See DEMURRER, 2.

BANKRUPTCY.

See ADVANCEMENT.-DEMUrrer,
3.-PRACTICE, 10.-VENDOR AND
VENDEE, 2.

1. V. and Co. creditors of U. and Co.
being displeased with the conduct
of Wilbran, one of the partners in
the firm of U. and Co. they ar-
rested U. and Co. All the partners,
except Wilbran, put in bail, but
he continued in prison two months,
and a commission was issued against
him by U. and Co. Wilbran peti-
tioned to supersede the commis-
sion, on the ground that it was
taken out for the purpose of dis-
solving the partnership as to him.
Held, that a commission is, in a
sense, a legal right, and is not
affected by any bye-object in the
party suing it out, unless there be
fraud; and petition dismissed.
[Ex parte Wilbran in re Wilbran] 1
2. On a separate commission, against
one of a firm, a joint and separate
creditor, who in respect of his
joint debt, had taken a warrant of
attorney, and sued out a separate

2

execution against the bankrupt,
held entitled to prove his separate
debt, without giving up his exe-
'cution. [Ex parte Stanborough] 89
3. Petitioning creditor allowed his
costs of resisting an application to
supersede the commission, out of
the bankrupt's estate. [Ex parte
Bottomley in re Crowther]
91

4. C. and Co. being embarrassed, the
Bank of England agreed to advance
them 40,000l. upon acceptances
of the friends of C. and Co. The
acceptances were given, and the
acceptors, or any substituted ac-
ceptors, were secured by C. and
Co. assigning to trustees, for that
purpose, certain property in Ame-
rica. Two of these acceptances
were thus:-C. and Co. drew a
bill on J. and W. J. for 2,500 l.
which they accepted, and it was
indorsed by C. and Co. to the
Bank. R. accepted another bill
to that amount, drawn by J. and
W. J. which was also given to the
Bank. The bills, when they be-
came due, were renewed. Before
the renewed acceptance of J. and
W. J. became due, they stopped
payment; and R. the drawer, being
called upon, he obtained an accept-
ance from C. T. T. and indorsed it
to the Bank, and the acceptance of
J. and W. J. was thereupon de-.
livered to him. J. and W. J.
becoming bankrupts, R. proved the
amount of their acceptances in his
possession, and received eighteen
shillings in the pound. On petition,

the proof of R. was ordered to be
expunged, the dividends repaid,
and the bill delivered up. [Ex parte
Hunter and another in re Good-
child] -

165
5. A creditor who has a right to elect
between joint and separate estate,
must make his election before a
dividend is declared of the estate
against which he has proved. His
election is gone if he does any act

in the character in which he has
proved. [Ex parte Husband in re
Blackburne]
418
6. Scott, Nicholson and Smith car-
ried on business as bankers in part-
nership, and were interested in the
profits and losses of such banking
concerns respectively, as follows:-
Scott for five-twelfths, Nicholson
for two-twelfths, and Smith for five-
twelfth parts. On the 20th January
1812, a commission of bankruptcy
was awarded against them, but the
full amount of the joint and sepa-
rate debts of said bankrupts, with
interest, was paid. To complete
such payment, real estates of great
value, belonging to the bankrupt,
Scott, were sold by the assignees ;
and on the whole, the said
bankrupt contributed upwards of
46,000l. beyond his proportionate
share of the losses of the firm.
Part of said estates were sold
during the life of the bankrupt,
Scott; part were contracted to be
sold, but not sold at the time of his
death, and the remainder were
sold since his death; and a surplus

deductions, for the purpose of de-
termining upon whom the costs of
the taxation were to fall. [Rigby 6.
v. Edwards]

20

2. On a decree, liberty was given to
the plaintiff to bring an action in
the Court of King's Bench, and
an action was brought. The de-
fendant applied to a Judge of the
Court of King's Bench, for the
usual order, for security for costs,
the plaintiff being resident at
Paris, and so stated in his bill. The
Judge referred the application to
the Court of Chancery, and the
Court ordered such security to be
given. [Desprez v. Mitchell] 87
3. Assignees who are brought before
the Court by a supplemental bill,
may be made liable to the costs of

the whole suit. [Whitcomb v. Min- See TENANT BY THE CURTESEY.
chin] -

91

4. An order was obtained, directing

security to be given for costs, but

DEMURRER.

the order did not direct the stay of 1. Demurrer lies to a bill of disco-

all proceedings until such security
should be given; and, therefore,
though no security was given, a
motion of course for a commission

very merely, unless in aid of a
proceeding, either pending or in-
tended, alleged in the bill. [Car-
dale v. Watkins] -

1018

to examine some old witnesses, was 2. Demurrer by an officer of the

held to be regular; but, in future,
the Court intimated that the order
in such cases should direct all pro-
ceedings to be stayed, until secu-
rity was given. [Fox v. Blew] 147
5. On demurrer, held, that if the
plaintiff dies before the costs of a
bill dismissed are taxed, a bill of
revivor by his representatives for

3.

Bank allowed, upon the ground
that as to the 'discovery sought
from him he was merely a witness.
[How v. Best and Hase] od 3619
Bill filed against bankrupts and
their assignees, questioning the
validity of the commission, and
Praying an account; or if the com-
mission was legal, for leave to