BANKRUPTCY-continued.

-

the estate of the deceased debtor, on which an
administration order was subsequently made :-
Held, that the judgment creditor was under
the circumstances entitled to the money in the
hands of the sheriff.

Observations as to the extent to which the
provisions of Part III. of the Bankruptcy Act,
1883, are applicable to an administration of a
deceased debtor's estate under s. 125 of that Act.
Quare, whether an administration order is
equivalent to a receiving order for the purposes
of s. 11 of the Bankruptcy Act, 1890. WATKINS
v. BARNARD
Vaughan Williams J. 521
Fraudulent Preference-Bill of Ex-
change-Payment of overdue Acceptance-Onus
of Proof-Bankruptcy Act, 1883 (46 & 47 Vict.
c. 52), s. 48.

2.

When a bill of exchange is not presented for
payment at maturity but is held over at the
request of the acceptor and subsequently paid,
such a payment is not within the principle of
In re Clay & Sons, (1895) 3 Manson, 31, and may
be a fraudulent preference within s. 48 of the
Bankruptcy Act, 1883.

When a trustee in bankruptcy proves that
the debtor was insolvent at the time when he
made the payment that is impeached as a fraudu-
lent preference, the onus of proof shifts, and the
party supporting the payment must shew that it
was not made with the view of preferring him.
In re EATON & Co. Ex parte VINEY

3.

Vaughan Williams J. 16

Fraudulent Preference-Conveyance to
make good Breaches of Trust-Revocable Mandate
-Evidence-Notes of Bankrupt's Examination
Deposit of Share Certificates- Declaration of
Trust.

A bankrupt, two days before his bankruptcy,
executed a deed, by which he conveyed an estate
to a person upon trust to raise thereout by sale or
mortgage 42001., and therewith to make good|
divers breaches of trust which he had committed
in respect of certain scheduled trust estates of
which he was trustee. By the deed he charged
the property conveyed with the payment of the
42001., and conferred on the grantee, his executors
or administrators, a power to appoint new trus-
tees. The deed was not communicated to any of

the beneficiaries:-

Held, that the deed was not a revocable man-
date, but created the relation of trustee and
cestui que trust as between the grantee and the
persons interested in the trust estates and was
consequently irrevocable:

Held, also, that the deed was not a fraudulent
preference within the meaning of s. 48 of the
Bankruptcy Act, 1883, because the object of the
bankrupt in executing it was not to prefer some
creditors to others, but to shield himself from the
consequences of the breaches of trust committed
by him:

Held, also, that answers made by the bank-
rupt on his public examination ought not to be
given effect to as evidence to invalidate the deed
against the beneficiaries.

The bankrupt shortly before his bankruptcy
deposited certificates of shares in a box with
memoranda to the effect that they were deposited

6.

Div. Ct. 439

Reputed Ownership-Bill of Sale-
Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), 8. 44,
sub-s. iii.-Bills of Sale Act (1878) Amendment
Act, 1882 (45 & 46 Vict. c. 43), 8. 7.

Where the grantor of a bill of sale has become
bankrupt before making any default in payment
of the sums thereby secured, his possession of the
goods assigned by it under such circumstances
that he continues to be the reputed owner thereof
is a possession by him with the consent of the
true owner within the meaning of s. 44, sub-s. iii.,
of the Bankruptcy Act, 1883. In re GINGER.
Ex parte LONDON AND UNIVERSAL BANK

Div. Ct. 461

7. Sale by Trustee to Partner of Member
of Committee of Inspection-Sale at an Undervalue
-Damages - Delay - Bankruptcy Rules, 1886,
r. 316.

The sale of a bankrupt's property by the
trustee in bankruptcy to a partner of a member of
the committee of inspection, such partner buying
for himself and not for the benefit of the partner-
ship, does not fall within the mischief of rule 316
of the Bankruptcy Rules, 1886, which enacts
that "neither the trustee nor any member of the
committee of inspection of an estate shall, while
acting as trustee or member of such committee,

I either directly or indirectly, by himself or
any partner, clerk, agent, or servant, become pur-

BANKRUPTCY-continued.

chaser of any part of the estate"; neither does
the principle of Ex parte Moore, (1881) 51 L. J.
(Ch.) 72, apply.

In 1889 a trustee, with the approval of his
committee of inspection, sold part of a bankrupt's
estate to S. The sale was at an undervalue to
the knowledge of all parties concerned. A credi-
tor of the bankrupt became aware of the trans-
action in March, 1891, but took no steps to
impugn it until February, 1897 :-

Held, that the creditor's right to relief against
S. was not barred by laches and acquiescence.
In re GALLARD. Ex parte GALLARD
Vaughan Williams J. 8
Secured Creditor-Pending Action-
Payment into Court with Denial of Liability-
Payment into Court as Security for Costs-Rules
of Supreme Court, Order XXII., r. 6-Bankruptcy
Act, 1883 (46 & 47 Vict. c. 52), 88, 45, 168.

8.

Where a defendant under the Rules of the
Supreme Court, Order XXII., r. 6, pays money
into court in satisfaction of the plaintiff's claim
with a denial of liability, and becomes bankrupt
before the trial, and the trustee in bankruptcy
declines to be made a party to the action, the
plaintiff is a secured creditor to the extent to
which his proof in the bankruptcy for the amount
claimed by him in the action is admitted by the
trustee. If the proof when admitted is less than
the sum so paid in, the plaintiff is a secured
creditor only for the amount so admitted, and the
trustee is entitled to the balance of the sum in
court.

Directions as to how the costs should be dealt
with in such a case when the plaintiff has paid
money into court as security for the defendant's
costs of the action. In re GORDON. Ex parte
NAVALCHAND
Vaughan Williams J. 516
Loan in consideration of share of profits-
Postponement to other creditors
See PARTNERSHIP.

-

-

495

- 8

See PRACTICE. 6.

-

188

See BANKRUPTCY. 3

19

See SOLICITOR. 2.

of shore-Right to take sand
See THAMES.

334

See BANKRUPTCY. 7.

-Jurisdiction

-

See LIBEL. 1.

159

Of tenancy-Market gardeners-Compensa-

-

475

See LANDLORD AND TENANT. 1.
CONVEYANCE ON SALE-Stamp-Exchange of

shares

See REVENUE. 7.

423

See LANDLORD AND TENANT. 2.
COPYRIGHT—Infringement—Assignment—Right
of Unregistered Assignee to Sue-Copyright Act,
1842 (5 & 6 Vict. c. 45), 88. 13, 24.

The assignee of a copyright under 5 & 6 Vict.
c. 45, must be registered before he can maintain
an action for its infringement.

Dictum of Cockburn C.J. in Wood v. Boosey,
(1867) L. R. 2 Q. B. 340, not followed. LIVER-
POOL GENERAL BROKERS' ASSOCIATION v. COM-
MERCIAL PRESS TELEGRAM BUREAUX Kennedy J. 1
CORPORATION-Charter to- Forfeited recog-

COSTS-District registry-Retaxation by Master

of Supreme Court

See PRACTICE. 1.

368

Retainer of solicitor by partnership-Costs
incurred after dissolution-Liability 396
See SOLICITOR. 3.

COUNTY COURT-Practice-High Bailiff-Fees
-County Courts Act, 1888 (51 & 52 Vict. c. 43),
88. 154, 160.

Where the high bailiff of a county court
seizes goods under a warrant of execution, and