Petition

Ct of Banktcy and also by notice in the London Gazette of the No. CCXXIV.
day of
18 was required to surrender himself to one (Toenlarge Time
of the commissioners of the sd Ct of Bankruptcy to be examined for Surrender.)
day of the sd month of resply at eleven of the

on the
clock in the forenoon touching the disclosure and discovery of his
estate and effects and on the

day of next your petitioner was required by such summons and notice to finish his examination under the sd fiat

That your petitioner did surrender himself to the sd commissioner on the last and submitted to be examined

day of

touching the disclosure and discovery of his estate and effects and conformed himself to the Act of Parliament now in force

concerning bankrupts

That your petitioner is preparing and settling his accounts in order to make a full and true disclosure and discovery of all his estate and effects but your petition finds his accounts so long and intricate that he cannot possibly finish the same by the time limited by the sd commissioner's summons and notice resply for

that purpe

Your petitioner therefore most humbly prays that
this Hon. Court would be pleased to order that
the time for your petitioner's surrendering him-
self for fully disclosing and discovering his este
and effects as the law in such cases requires be
enlarged for the space of forty-nine days to be
computed from the
day of

And &c.

No. CCXXV.

No. CCXXV.

By Assignees.

To the Court of Review

Another Petition for the same purpose, by the Assignees.

In the matter of C. D. of &c.

a bankrupt

The humble petition of A. A. of &c. and B. B. of &c. assignees of the este and effects of the sd bankrupt

Sheweth

That the sd C. D. hath been duly adjudged a bankrupt and

Petition

No. CCXXV. by summons under the hand of one of the commissioners of the
(To enlarge Time Ct of Banktcy and also by notice &c. to surrender himself &c.
for Surrender,)
That
By Assignees.
your petitioners have been duly chosen assignees of the
este and effects of the sd C. D. and find that he is in an ill state
and is not prepared to

of health and a prisoner in the
finish his examination in the time limited for that purpose
Your petitioners therefore most humbly &c.

No. CCXXVI. Petition to annul Fiat.

No. CCXXVI.

And &c.

Petition to the Lord Chancellor under the 19th Section of the
1 & 2 W. 4, c. 56, to annul Fiat upon the Reversal of an Ad-
judication by the Court of Review.

To the Right Hon &c.
The humble petition of C. D. a bankrupt
Sheweth

18

day of

That a fiat in bankruptcy bearing date the upon the petition of E. F. of &c. was issued against your petitioner directed to her Maj. Ct of Bankruptcy under which your petitioner having been adjudged a bankrupt by one of the commissioners of the Ct of Banktcy presented his petition to the Court of Review alleging as the fact was that your petitioner had not committed an act of banktcy within the true intent and meaning of the bankpt laws and praying that the sd adjudication might be reversed

day of

That the matter of the sd petition coming on before the sd Ct of Review on the last the sd Ct directed an issue to be tried before the Chief Judge of the sd Ct upon the question whether your petitioner had so committed an act of bankruptcy or not

That on the

day of

last a verdict was found on such issue that your petitioner had not committed an act of bankruptcy within the intent and meaning of the bankrupt laws and the adjudication was thereupon reversed by the sd Ct of Review

Your petitioner therefore most humbly prays your lordship that the sd fiat may be rescinded

and annulled at the expence of the said E. F. and
that the bond which has been entered into by
him may be assigned to your petitioner and that
he may pay the costs of this application or that
your lordship will be pleased to make such an
order in the preses as to your lordship shall seem

No. CCXXVI.

Petition to

annul Fiat.

SECT. 1. Every species of property, whereof by possibility a profit What passes might be made or acquired by a bankrupt before his certificate, the assignees. passed, under the old law, by virtue of the assignment and conveyance, to the assignees, 3 P. Wms. 132; Hesse v. Stevenson, 3 B. & P. 577, 578; and passes now by virtue of their appointment, see Pref. sect. 3. But a trusteeship does not pass, Winch v. Keely, 1 T. R. 619; and by the 6 G. 4, c. 16, sect. 79, the Lord Chancellor is empowered to appoint some other trustee, to whom the trust estate is to be assigned. Whatever interest the bankrupt has in his wife's estate passes to his assignees; but property given in trust for the wife's separate use will not pass, Robinson v. Taylor, 2 B. C. C. 589; Jarman v. Woolloton, 3 T. R. 618; nor a legacy or chose in action, which has not been reduced into possession during the husband's life, Mitford v. Mitford, 9 Ves. 87. The right of nomination to a vacant ecclesiastical benefice is excepted, by the 6 G. 4, c. 16, sect. 77, from the several powers and rights which pass to the assignees; and the wife's necessary apparel is excepted, by sect. 112, from the effects which pass to the assignees. By the 3 & 4 W. 4, c. 74, s. 67, the assignees are empowered to receive and recover the rents of all the bankrupt's copyhold lands, until they are disposed of by the commissioner; but they can receive or recover the rents of such only of the bankrupt's freehold estates as the commissioner may have power to

to

Freeholds.

Assignees to make a good

Conveyance of dispose of after the bankrupt's decease, see further, Dig, p. ii. tit. BANKRUPT; and 5 & 6 Vict. c. 122, p. iii. tit. INSOLVENT DEBTORS. 2. It is now held that assignees, contracting to sell, are bound like other vendors to make a good title, White v. Foljambe, 11 Ves. 343; but they may stipulate to sell only such title as they have, Macdonald v. Hanson, 12 Ves. 277.

title.

Sales by auction.

Assignees not to be buyers.

3. The estates of bankrupts are usually sold by auction; but assignees are not prohibited from selling by private contract, if it be for the benefit of the creditors, Ex parte Dunman, 2 Rose, 66.

4. No assignee, either personally or through an agent, can become the purchaser of the bankrupt's estate without the consent of the creditors, Ex parte Bennett, 10 Ves. 395; Ex parte Bage, 4 Madd.

459.

Bankrupt to join 5. By the 6 G. 4, c. 16, s. 78, the Lord Chancellor may order a in conveyance. bankrupt to be a party, and if he refuse, he is stopped from objecting to the sale, unless he mean to dispute the validity of the fiat or commission.

6. As to the inrolment of the certificate of the appointment of assignees, see ante, Pref. sect. 3; and of the deed of conveyance by the commissioner, see ante, Pref. sect. 5.

No. CCXXVII. Conveyance of Freeholds

No. CCXXVII.

Conveyance of Freeholds by Assignees of a Bankrupt to a Purchaser, in which the Bankrupt joins (variations where the Bankrupt is Tenant in Tail, under 3 & 4 W. 4, c. 74).

This Indre made &c. see ante, No. LXXXV. (a) Betn (official

(a) Where the bankrupt is tenant in tail, and the commissioner must be a party (see ante, BANKRUPTCY, Pref. sect. 3), say, "Betn (commissioner) Esq. the commissioner of her Maj. Ct of Bankruptcy acting under a fiat of bankruptcy issued against (bankrupt) of &c. of the first pt (official assignee) of &c. the official assignee of the estate and effects of the sd (B.) of the second pt (general assignees) of &c. assignees of the estate and effects of the sd (B.) of the third pt the sd (B.) of the fourth pt and (purchaser) of &c. of the fifth pt."

If there be a protector, who gives his consent by the same deed, he should be a party of the second part, see FINES AND RECOVERIES, and 3 & 4 W. 4, c. 74, Appendix.

assignee) the official assignee of the estate and effects of (bank

No. CCXXVII.

Freeholds.

seisin.

rupt) of &c. a bankrupt of the first pt (general assignees) assignees Conveyance of of the estate and effects of the sd (bankrupt) of the second pt the sd (bankrupt) of the third pt and (purchaser) of &c. of the fourth part (a) Whas under and by virtue of the last will and testament of A. B. late of &c. deceased bearing date the &c. the sd (B.) is seised to him and his hrs of an estate of inheritance in posson in fee simple free from incumbs And whas a fiat in Recital of bankruptcy bearing date on or about the day of was issued agst the sd (B.) and he was thereon adjudged a bankrupt And whas the sd (O. A.) has been appted by (b) (commissioner) Esq. the commissioner of her Maj. Ct of Bankruptcy acting under the sd fiat to be the official assignee of the este and effects of the sd (B.) and to act with the assignee or assignees to be chosen by the creditors of the sd (B.) And Sale. whas pursuant to an advertisement in the London Gazette for that purpe inserted the sd (G. A.) were chosen by the major part in value of the creditors of the sd (B.) And whas the sd (G. A.) have caused the messes or tents lds and heredts hnaftr described to be put up to sale by public auction pursuant to notice in the London Gazette and the printed parlars of sale in three lots on the day of last at which sale the sd (P.) was decld to be the highest bidder of the preses comprised in lot marked No. 1 in the sd printed parlar at the sum of £ and thereupon pd into the hands of the auctioneer the sum of £ by way of deposit And whas the sd (B.) (c) at the request of the sd (A.) agrd to join in the conveyance of the sd heredts (d) Now this Indre Testatum. witnesseth That for the purpe of carrying the sd recited sale

(a) Where the bankrupt is tenant in tail, then recite, "Whas A. B. late of &c. deed by his last will and testament in writing duly exted and attested for the devise of estates of inheritance and bearing date on about the &c. did give and devise all his messes or tents lds and heredts unto the sd (B.) and the hrs male of his body Ifully begotten."

(b) Where the commissioner is a party, say, "by the sd (commissioner.)" (c) If there be a protector, in the case of bankrupt tenant in tail, his consent ought to be recited here. As to the form, see MORTGAGE and RELEASE. (d) As to the bankrupt's joining, see sect. 6.