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(XiV-) Ch. DiV. V. C. M.—C'07/On-ia.l Duties. —A testator, domiciled in England, whose estate consisted partly of personalty in the Colony of Victoria, gave certain pecuniary legacies, and bequeathed the residue of his personalty to other persons: Held that the duties attaching in Victoria, and all expenses of realization were payable out of the general estate before distribution.—Peter v. Sterling, L.R. 10 Ch. D. 279; 27 W.R. 469.
(xv.) Ch, Div, V, C, H,—E1ecutor—Reta.i1wr.—Where, inanadministratiou action, an executor appears on an application, when an order is made for a debtor to the estate to pay the amount of his debt into Court, the
executor loses his right of retainer with regard to the sum so paid in.— Richmond v. White, 4-8 L.J. Ch. 248.
(xvi-) Ch. Div. M. R.-Emecutorship Ea;pen‘ses—Costs of Antion.—The term “executorship expenses" in a will, means the same as testamentary expenses, and will include costs of an administration action, payment of rent falling due after testator’s death, and expenses of warehousing specific legaoies.—Sharp v. Lush, L.R. 10 Ch. D. 4-G8; 4-8 L.J. Ch. 231.
(xvii.) Ch. Div, M. R_—Mo'rtgo,ge—Di_fi'erent Secun'ties—Appropria.t1'0n— 17 y 18 Vict., c. 118.—-Testator had been in the habit of borrowing money from his bankers and depositing as securities stocks and shares : on obtaining a further advance, he deposited with the bankers titled deeds of a freehold property and a memorandum by which he charged the sum advanced on that property and agreed that the security was
* Cases reported only in the Law Times Reports and Weekly Reporter for Saturday, 26th April, are postponed till the August Digest.
tn cover any money due from time to time to the bankers : afterwards he obtained other advances and varied the stocks and shares held as securities. It appeared that he always treated the successive advances and depcsils as forming one running account: Held, that the amount due to the bank on testator’s death must be borne by the properties held by the bankers rateably to their respective values at testator’s death.Le0m'1w v. Leonino, L.R. 10 Ch. D. 460; 48 L.J. Ch. 217 ; 27 W.R. 388.
visions of sec. 30 of Friendly Societies Act, 1875, apply to all Friendly Societies, and not only to those receiving contributions by means of collectors at a greater distance than ten miles from their registered oflioes.—Re United Pah'iot's Berefii Sociefy, Re Holt, L.R. 4 Q.B.D. 29; 48 L.J. M.C. 55; 89 L.T. 622; 27 W.R. 339.
c. 142, s. 5.—Where a cause has been referred by consent, and the order of reference leaves the costs of the reference and award in the discretion of the arbitrator, his control over the costs is not afiected by the provisions of sec. 5 of County Courts Act, l867.—-Galatti v. lVa.kefield, 48 L.J. Ex. 70; 40 L.T. 30.
(iii.) Ch. D117. V. C. B.-—Guarantee—Continuing Security
Appropriu. tion.—A testator and other persons, directors of a company. gave two guarantees for £1,000 each to bankers, requesting them to accept their agent's bills to that amount. Bills drawn by the company's agent were accepted, and other payments in and drawings out were made subsequently by the company, and when testator died there was a balance of £1,600 due to the bank: Held that the guarantees were a continuing security, and that the bankers were entitled to prove against testator's estate for the £1,600 and 4 per cent. from his death, the other guarantors being unable to pay.—B1-owmlng v. Baldwin, 40 L.T. 248.
of Cred/ito-rs.—-Where the order annulling a bankruptcy made in accord. ance with resolutions passed under sec. 28 of Bankruptcy Act, 1869, has been discharged on the discovery of property concealed by the bankrupt, the resolutions are destroyed, and the creditors remitted w their original rights.—Ew parte Jarvis, Re Spwnton, L.R. 10 Ch. D. 179; 4-8 L.J. Boy. 45; 89 L.T. 651; 27 W.R. 297.
troller in Bankruptcy applied for an order that a trustee might pay £4,000 to the credit of the estate on the ground that by his neglect that amount had been lost. The application was refused, and a person claiming to be a creditor, but who had not proved, appealed : Held that he had no loc-us sta/ndi.—Er parte Ditton, Re lV00ds, 27 W.R. 401.
C. J. B.— Appeal from County Com-t—Time.—Semble the County Court
having refused to order the trustee to prosecute debtors for offences under the Debtors’ Act, the trustee prosecuted them and obtained a conviction. The Chief Judge made on order nuns pro tune to prosecute, so that the costs of the prosecution might be allowed.—E1; parte Priestly, Re Sta/nlake, 48 L.J. Boy. 48; 39 L.T. 643 ; 27 W.R. 292.
(lxii.) C. A.—Contra.ct for Sale before Adjuclicafion—Subsequent Payment of Purchase-money.—Pending bankruptcy proceedings, the debtor contracted to sell leaseholds, and received a deposit : after adjudication the purchaser, not having notice thereof, paid the balance of the purchasemoney to the debtor, and was let into possession, but no assignment was executed : Held, that the purchaser could not enforce specific performance against the trustee without paving him the balance of the purchasemoney. -E.v pm-te Rabbidge, Re Pooley, 48 L.J. Bcy. 15.
(lxiii.) C. A.-—Contract for Sale—Bankru/ptcy of Pu/rchaser.——-An unpaid vendor of goods has, in the event of the bankruptcy of the purchaser before delivery, the right to re-sell and prove in the bankruptcy for the deficiency, unless the trustee elects within a reasonable time to fulfil
the contract, and tenders the price in cash.-—Ea: pa,-rte Staplelon, Re Nathan, 40 L.T. 14; 27 W.R. 327.
assigned being an interest in land, parol evidence was not admissible.— Ea: pa/rte Hall, Re Whitting, 40 L.T. 179; 27 W.R. 385.
(lxv.) C. J. B.—Es'ecu.tion——Sale—9 §' 10 Vict., 6-95, s. 106—Ba.nk-ruptcy Act, 1869, s. 95, sub-sec. 3.—An execution levied under a County Court judgment on the goods of a trader and sold by the bailifi by consent of both parties to an interpleader action, after notice to the execution creditor of an act of bankruptcy by trader upon which a subsequent adjudication was made, and before the expiration of the five days required by the County Courts Act, 1846, s. 106, is not a protected transaction within sec. 95, sub-sec. 3, of Bankruptcy Act, 1869.—Ew pane Bulmer, Re Hughes, 4-0 L.T. 40.
(lxvii.) C, _A_,—Insolvenc'y—Affer-acquired Property—Death of Debtor.--5 J‘ 6 Vict., c. 116, s. 9.-—An insolvent debtor presented his petition in 1859 under 6 & 6 Vict., e. 116, and 7 & 8 Vict., c. 96, and obtained his final order in 1861. In 1866 he became entitled to a. share of some property and died the next year : Held that sec. 9 of 5 & 6 Vict., c. 116, did not apply to the case of a deceased insolvent, and that the proper remedy of the creditors was to bring an action for the administration of the debtor's estate.—Ew pa/rte Welchmu/n, Ra Ha/re, 89 L.T. 4-5.
(lxxii.) C. A.—-Liquidu.ti0n—Rights of Ca-own——Ea:te-at Issued.—An extent by the Crown subsequent to the filing of a liquidation petition and appointment of areceiver, but before appointment of trustee, is good against
the trustee when appointcd.—E.t' parrle Postmaster-General, Re Bonham, 40 L.T. 16; 27 W.R. 325.
(lxxiv.) C, A,—Mortgage of Possible Surplus -Rights of M01-tgagee.—-A person to whom a bankrupt has assigned the possible surplus of his estate after paying creditors in full, to secure advances made since the bankruptcy, does not acquire any right to interfere in the administration of the estate, or under Bankruptcy Rules, 1870, r. 166, to have an alleged creditor examined as to his proof.—Ea: parts Sheflield, Re Austin, L.R. 10 Ch. D. 434; 40 L.T. 15.
(|xxv.) C. A.—Order and Disposiliou.—Commission A1/rent.—Who1'e a person truly describes himself as a. manufacturer's agent the doctrine of reputed ownership is excluded as to property belonging to the manufacturers of whom he is agent.—Ea: parts Bright, Re Smith, 39 L.T. 649; 27 W.R. 385.
(lxxvii.) C. .A..—Pv'00f—Aba'mI,oning n'ecu.rity—Uomm.ittee of In.matic—Proary.— W.’s partner having been found lunatic by inquisition, W. entered into an agreement with the committee (which was approved by the Court) to dissolve partnership, and pay part of what was due to the luuatio in cash, and give a bond for the balance. Before he had paid anything or given the bond, W. filed a liquidation petition, and the committee recovered judgment for the amount agreed to be paid in cash. The committee appointed a proxy who proved for the whole amount clue, and voted for the liquidation: Held that the agreement was executory, and that W. had no right to deal with the partnership assets as his own : that the committee had no power to appoint a proxy or to abandon the lunatic’s security without the consent of the Court.—E1' pa/rte Wood, Re Wright, 39 L.T. 646; 27 W.R. 401.
(lxxviii.) C. .A..—Pr00f—-Costs of Action.-H. deposited with a bank dockwarrants of goods as security for money borrowed, and afterwards became bankrupt, when it appeared that part of the goods belonged to J.: J. sued the bank and recovered judgment, which was afiirmed on appeal. The bank having realized the securities: Held that they were entitled to prove in the bankruptcy for the difference between the amount paid to .l'., and that realized by the sale of his goods, and also for costs of the action, but not of the appeal.—Ea: parte Carr, Re Hufmcmn, 27 W.R. 4-35.
from the firm; and the County Court Judge found that there was no agreement to make the firm liable for the debts of its members : Held that defendants were not entitled to set-ofi.—T-yso v. Pettit, 40 L.T. 182.
adjudicated bankrupt in 1871, and his bankruptcy closed in 1874-, there being no assets. In 1878 he acquired large property: Held that a creditor whose debt was provable in bankruptcy, but not proved, on his afterwards proving his debt, was entitled to enforce it, subject to the rights of subsequent 0reditors.—E.v parts Lancaster Banking 00., Re Wsstby, 39 L.T. 673; 27 W.R. 292.
Ch. Div. M. R.—-Equitable Assignment—Stamp—33 4}‘ 84 Vict., 0.97, s. 48. —A debtor gave to the trustee under his father's will an unstamped document authorizing him to pay the creditor the sum of £14-O out of moneys then or thereafter due to the debtor under the trusts of the will :
Held that this was an equitable assignment and not a bill of exchange within sec. 48 of Stamp Act, 1870.—Fisher v. Calvert, 27 W.R. 801.
Bill of Sale :— (1.) C. A.—Consf/ruction—Power to take Possession-—Reputed Ownership.—A
bill of sale of chattels empowered the grantee to take possession in case the grantor should become embarrassed in his afiairs or an action should be commenced against him : and it also provided that until default of payment it should be lawful for the grantor to retain possession : Held, that the prior clause was not controlled by the subsequent proviso, and that a friendly possession, if real, is sulficient to exclude the operation of reputed ownership clause in the Bankruptcy Act, 1869.—Ea: parts National Guardian Assurance Co., Re Francis, L.R. 10 Ch. D. 408 ; 4.-0 L.T. 237.
debtor having executed a bill of sale of all his goods for a past debt, next day executed another bill of sale to B. which was not registered : the debtor was subsequently adjudicated bankrupt: B., who had no notice of the first bill, took possession before adjudication: Held, that B.’s title to the goods prevailed over that of the trustee in bankruptcy. -——Es pa-rte Cuchrane, Re Cross, Es parte Payne, Re do., 27 W.R. 868.
C, J, B.—Unregistersd Bilt—Appa/rent Possession—Goods in Hands of
—Purcha.se from Sherifl'.—-A judgment debtor's furniture having been seized under a ji. fa., his father-in-law bought it from the sherifl’s oflicer taking a receipt for the money with an inventory attached: on the same day he let the furniture to the debtor under a written agree. ment, and the debtor continued in possession of it: Held, that the receipt did not require registration under the Bills cf Sale Act, 1854.Wooclgate v. Godfrey, L.R. 4 EX. D. 59; 48 L.J. Ex. 271.
Canada, Law of:— (iv.) P. C,—P0ssessory Action on Distwrbance.-The object of apossessory
action on disturbance within Secs. 946, 947, 948 of the Civil Procedure Code of Lower Canada must be definite and certain, and the possession must be une possession annuale and continuous, uninterrupted, peaceable,
public, unequivocal, and d titre de pr0prietaire.—De Gaspé v. Bessener, L.R. 4 App. 135; 39 L.T. 550.