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commission, under which the bankrupt did not pay fifteen shillings in the pound; but the effect of that can have no bearing upon the present question. The law is now altered in that respect; and by the 6 Geo. 4, c. 16, 8.127, the future property in such cases vests in the assignees, who are entitled to seize the same in like manner as they might bave seized property of which the bankrupt was possessed at the time of issuing the commission. Upon the authority, therefore, of Martin v. O'Hara, and of the repeated declarations of lords chancellors, that in such a case as this the second commission is absolutely void, we are of opinion that the certificate obtained by the defendant under that commission is unavailing, and consequently that the rule for discharging him out of custody at the suit of the plaintiffs must be discharged.
The King v. The COMMISSIONERS of the Parish of
St. Paul, SHADWELL. By an act, 15 Geo. 3, cap. 54, entituled “ An act for The Court will paving and regulating, and for preventing nuisances and mus to comobstructions within New Gravel Lane, and the several missioners
entrusted by streets, lanes, passages, and places within the parish of St. act of parliaPaul, Shadwell, in the county of Middlesex, not comprised ment with the
regulation of in an act passed in the 11th year of his present Majesty's the expendireign, for paving and regulating Rosemary Lane and the rish, to compel
ture of a paother places therein mentioned;" certain persons were ap- them to levy a
rate for the pointed commissioners for pavement for part of the parish purpose of of St. Paul, Shadwell, and it was enacted, that it should paying off a
sum borrowed be lawful for the said commissioners to borrow, upon credit on the rates upon the rates and assessments to be made by virtue of
commissioners that act, any sum or sums of money at interest, and to raise without pledy.
ing their personal responsibility, where the liabilities created under the former act are reserved by the new act, although the latter directs that the commissioners shall be sued in the name of their clerk, and no interest has been paid within twenty years.
any sum or sums of money by the sale of annuities for the natural life or lives of such person or persons as should be nominated or appointed by the purchaser or contractor, so as such annuity or annuities did not exceed the rate of 10l. per cent., and so as the purchase money for any one annuity exceeded not 10001., and so as the moneys to be raised by the ways and means aforesaid, or either of them, did not exceed 50001.; and that it should be lawful for the commissioners to make an order for the repayment of the moneys to be borrowed as aforesaid and the interest thereon, and also for the payment of such annuity or annuities as should be purchased as aforesaid, particularizing at what respective times in the year, and in what proportions, the said interest and annuities should be paid, according to the agreement of the parties, upon the said loan or purchase; and from and immediately after such order and receipt for the moneys advanced should be signed by the commissioners, the moneys so advanced and lent at interest, and the respective annuities, were thereby charged upon the rates and assessments to be made by virtue of that act.
Under this act 300l. was borrowed from John Armitage, for which he received the following document, signed by five of the commissioners, but not sealed :
We, the commissioners constituted and appointed for putting in execution an act of parliament made and passed in the fifteenth year of the reign of King Geo. S, entitled • An act for paving and regulating, and for preventing nuisances and obstructions within New Gravel Lane, and the several streets, lanes, passages, and places within the parish of St. Paul, Shadwell, in the county of Middlesex, not comprised in an act, passed in the eleventh year of his present Majesty's reign, for paving and regulating Rosemary Lane, and the other places therein mentioned,” have, in pursuance and by the authority vested in us by the said act, borrowed of John Armitage, of, &c. the sum of 300l. upon the credit of and chargeable upon the rates and assessments to be made by virtue of the said act, for which we have agreed to pay
interest for the same at and after the rate of 4l. 10s. per 1828. cent. per annum, in the proportion, manner and form after
The KING mentioned, until the repayment of the said principal money. 0. Now we, the said commissioners, according to our agree
SHADWELL. ment with the said John Armitage, and in consideration of the said sum of 3001. to us in hand paid, as by our receipt indorsed doth appear, have, at our meeting held in pursuance of the said act, at the Vestry Room of the parish church of St. Paul, Shadwell, aforesaid, the day these presents bear date, ordered, directed and appointed, and by' these presents do order, direct and appoint to be paid to the said John Armitage, his executors, &c. yearly and every year until the redemption of the said rates by the repayment of the said principal sum of 300l., exclusive of the interest that shall accrue due thereon as aforesaid, the yearly sum of 131, 10s. as and for the interest of the said sum of 300l. at the rate of 41. 10s. per cent. per annum, by four equal quarterly payments on the usual feasts or quarter days following, &c. and which interest shall be paid and payable out of the money arising by the rates and assessments to be paid by virtue of the said act, as the same is thereby directed: provided always that nothing herein contained shall extend or be construed to give the said John Armitage, his executors, &c. a priority to any other charges made by the same commissioners on the said rates, but that all such charges shall stand in equal degree. In witness whereof, and in obedience to and under the direction of the said act, we do sign this our order this 26th day of August, 1776."
In July 1801, Armitage being dead, Drewry, his surviving executor, received five years' interest, due at Midsummer, 1801, from the acting commissioners; 61. 15s. in February, 1802, for interest due at Christmas, 1801; and in the summer of 1802, the interest due at Midsummer in that year. Drewry, being engaged in business at Derby, and not having occasion to come to London, had not applied for the payment of interest from 1802 to 1812.
v. St. Paul, SHADWELL.
By an act of 50 Geo. 3, intituled “ An act for better regulating, maintaining and employing the poor within the parish of St. Paul, Shadwell, in the county of Middlesex; for better lighting, watching, paving, cleansing, repairing, and improving the streets and other public places in the said parish; and for repealing three acts severally passed in the 29th year of King George the 2d, and in the 10th and 15th years of his present Majesty, relative thereto,” the said act of 15 George 3d, and two other acts therein recited, and all the several powers and authorities, matters and things therein contained, so far as they related to the said parish of St. Paul, Shadwell, were repealed and made void to all intents and purposes whatsoever, save and except as to the recovering, levying, collecting, and receiving any penalties, rates or assessments due at the time of passing that act, and the payment of the several bonds, annuities, and other debts and sums of money secured and then remaining due or subsisting, and payable under those acts repealed or any of them, and which said penalties, rates and assessments might and should be recoverable, levied and collected, and bonds, annuities and debts paid under the powers and authorities of that act; and that that act should be considered as extending in its operation, effects and powers over the whole of the said parish of Shadwell.
By section 16, it was enacted, “ that the said commissioners should and might sue and be sued in the name of their clerk or clerks for the time being, to be appointed under that act.”
Between 1812 and 1823 several applications were made by Drewry and his agents to the commissioners for putting that act into execution, and their clerk and treasurer, for payment of the arrears of interest, without effect, upon which Drewry filed a bill in Chancery. The cause came to a hearing in Michaelmas, 1826, when the bill was dismissed without costs, with an intimation from the Master of the Rolls (Sir John Copley) that the proper course
was for Drewry to apply for a mandamus. On the 9th of July, 1827, Drewry gave notice to the commissioners that he intended to, and should and would, as soon after the expiration of twenty days of their being served with that notice, as an opportunity should occur, unless the commissioners named and appointed by virtue of the said act of 50th Geo. 3d, some or one of them, should and did forthwith pay unto him, as such surviving executor, the arrears of interest then due under and by virtue of the said deed-poll, or part thereof, make or cause to be made an application to the Judges of his Majesty's Court of King's Bench, at Westminster, for a mandamus, to compel the said commissioners to appropriate a part of the moneys arising from the rates and assessments levied or to be levied under the said last mentioned act, towards payment of the arrears and future payment of the said interest.
In Michaelmas term last, Coleridge obtained a rule calling upon the commissioners, “ appointed and acting under and by virtue of a certain act of parliament, made and passed in the 50th year of the reign of his late Majesty King George the 3d, for better regulating, maintaining and employing the poor within the parish of St. Paul, Shadwell, in the county of Middlesex; for better lighting, watching, paving, cleansing, repairing and improving the streets and other public places in the said parish; and for repealing three acts severally passed in the 29th year of King George the 2d, and in the 10th and 15th years of his said late Majesty King George the 3d, relative thereto," to shew cause why a writ of mandamus should not issue, directed to them, commanding them to make all necessary orders, and to take all necessary measures for appropriating a part of the moneys arising from the rates and assessments levied or to be levied under the said first mentioned act, towards payment to John Drewry of the arrears, and future payments of the interest, secured by a certain deed poll granted in