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imprisoned for any debt or demand." A prisoner for debt having presented his petition in forma pauperis for an adjudication of bankruptcy against himself, was released from custody by his detaining creditor before the three days allowed for opening the petition were expired: Held, that his right to petition in forma pauperis was gone (Exp. Curties, 8 Law Tim. Rep., N. S., 60).

Bankruptcy Act, 1849, ss. 78 & 79 Trader-Debtor-Summons- Contested claim-Bond with sureties.-The Bankruptcy Act, 1849 (ss. 78-86), provides for the summoning of a traderdebtor, and makes certain defaults by such debtor acts of bankruptcy. By s. 78, the creditor is to file an affidavit in the form there mentioned of the truth of his debt, of the debtor being a trader within the Bankruptcy Acts, and of the delivery of an account in writing of the particulars of the creditor's demand, with a notice thereunder requiring immediate payment (1 Law Chron. 225-228). By s. 79, where the trader-debtor appears, he may (1) admit the demand of the creditor; (2) he may make a deposition that he has a good defence; (3) upon such deposition the Court may require the trader-debtor to enter into a bond with two sureties to pay what the creditor may recover in any action. The words of the Act are: "It shall be lawful to allow the traderdebtor to make a deposition on oath of a good defence upon the merits; and, in such case it shall be lawful for the Court, at the same time, to require such trader-debtor to enter into a bond, according to the form in Schedule K." In the following case the Lord Chancellor has decided that it is in the discretion of the Commissioner in Bankruptcy to direct an alleged debtor, upon whom a trader-debtor summons has been served, and who desires to contest the claim, to give the security prescribed in Schedule K of the Bankruptcy Act of 1849 An alleged debtor was the acceptor of a bill of exchange upon which an action had been brought by an indorsee under the Bills of Exchange Act. Leave was given by a Judge in chambers for the defendant to appear and defend the action, on the ground that he had accepted the bill as agent only, and not as principal. Pending the action, the plaintiff served the defendant with a trader-debtor summons, under the Bankruptcy Act, 1849. The commissioner ordered the defendant to give security by bond under s. 79 of the same Act: Held, on appeal to the Lord Chancellor, that the Commissioner had a discretion to make the order in question, with which discretion the Court of Appeal could not interfere (Exp. Ruck re Ruck, 8 Law Tim. Rep., N. S., 102).

Bill of sale-Act of bankruptcy.-A voluntary conveyance for an antecedent debt, which must necessarily have the effect of defeating or delaying creditors, is an act of bankruptcy. It appeared that traders having largely overdrawn their account with a bank,

the bankers refused to make any more advances, except on condition of a bill of sale being given them of all their stock in trade. The bill of sale was executed by the traders, with a stipulation that no further advances were to be made till the debt was reduced to nearly half its then amount. Immediately afterwards the traders offered their other creditors a composition of ten shillings in the pound Held, that the bill of sale was an act of bankruptcy (Sacon v. Siffen, 11 Week. Rep. 474).

County Court-Jurisdiction - Bankruptcy Act, 1861.-By the Bankruptcy Act, 1861, it is provided that where a debtor petitions for adjudication against himself, and knows, or verily believes, the debts justly due and proveable under the bankruptcy to amount in the whole to a sum not exceeding £300, such facts shall be stated on oath, and if he be resident within the metropolitan district as therein defined, he shall file his petition in the London Court of Bankruptcy; and where such debts shall not exceed £300, and the debtor shall not be resident in the metropolitan district, he shall file his petition in the County Court for the district in which he shall have resided for the six months next before the filing of his petition, or for the longest period during those six months, unless he is in custody, and then in the County Court for the district in which he is in custody; but such Court, if it make adjudication, shall transfer the proceedings to the County Court in which the debtor, if not in custody, would have been required to petition. Section 101, after providing that the registrar shall attend at the gaol and examine every prisoner included in a return to be made, provides that the registrar shall also ascertain the last place of abode and business of each such prisoner within the six months next prior to his imprisonment. The registrar shall have the power to make an order of adjudication in bankruptcy against every such prisoner, and to grant him protection, and to make an order for his release from prison, and shall also direct in what court such adjudication shall be prosecuted, having regard to the amount of debts and the place of trade or residence of the prisoner within the six months next preceding his imprisonment Held, first, that section 94 is not a general section. Secondly, that it is doubtful whether the words in the 101st section, having regard to the amount of his debts," refer to the limitation of the County Court jurisdiction in section 94. Thirdly, that the County Court jurisdiction is not taken away by the mere fact of the debts turning out, on subsequent investigation, to amount to more than £300. A debtor, being in custody in the gaol at C., in the jurisdiction of the County Court of C., the registrar of that Court made an order of adjudication in bankruptcy, and directed the future bankruptcy proceedings to be taken in the County Court of the district in which the debtor had resided and carried on business

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for six months previous to his arrest. On proceeding with the bankruptcy in the County Court, it appeared that the debts exceeded £300, whereupon the County Court Judge declined to proceed further in the matter: Held, that the order of the registrar was properly made, and that the County Court Judge must proceed in the matter. All that is necessary to found the jurisdiction of the County Court being that the registrar should be satisfied that the debts were not likely to exceed £300 (Exp. Harrison, 11 Week Rep. 467). EQUITY JURISDICTION. Foreign Sovereign-Grants from, how enforced.-British subjects resting their rights upon a grant from a foreign prince, and made in his sovereign capacity, cannot obtain the assistance of a court of equity either to give effect to the grant, or to restrain the foreign prince from acting in derogation of the rights already granted by him by subsequently conferring similar privileges on other British subjects (Gladstone v. the Ottoman Bank, 11 Week. Rep. 460).

EQUITY PRACTICE-Production of documents-On demand of a creditor.-The 17 & 18 Vic. c. 125, ss. 18, 20 enables one party, either plaintiff or defendant, plaintiff against defendant, defendant against plaintiff, or defendant against defendant, in any suit pending in the Court of Chancery, to call upon a party to the suit to produce all the documents in his possession relating to matters in question in the suit: Held, on appeal (dissenting from a decision of Stuart, V.C.), that a creditor who has come in to prove his claim under a decree for the administration of his debtor's estate, is entitled to enforce production on oath by the executors of all documents in their possession which relate to his claim (M'Veagh v. Croall, 8 Law Tim. Rep., N. S., 100; 11 Week. Rep. 457).

WILL-EXECUTION OF POWER.-Wills Act, 1 Vic. c. 26, s. 27— Power of appointment.-The Wills Act, 1 Vic. c. 26, makes a general disposition by will operate as an execution of a power treating such disposition as evidence of an intention, on the part of the testator, to execute the power; unless a contrary intention appears on the face of the will. The words of the 27th section are as follow: "A general devise of the real estate of the testator, or of the real estate of the testator in any place, or in the occupation of any person mentioned in his will, or otherwise described in a general manner, shall be construed to include any real estate, or any real estate to which such description shall extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will; and in like manner a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall

extend (as the case may be), which he may have power to appoint in any manner he may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will." It has been decided that under the above section the donee of a power of appointment by will can, by his will, execute only such powers as are in existence when it takes effect. Where, therefore, a testatrix bequeathed certain funds to such persons as her reputed husband should appoint, and in default of appointment over, and the donee of the power died in the lifetime of the testatrix, having by his will bequeathed all his property to her, it was held that he had not, as he could not have, exercised the power given to him; and the gift over in default of his appointment took effect (Jones v. Southall, 8 Law Tim. Rep., N. S., 103).

FOREIGN JUDGMENT.-Mortgagor and mortgagee of ship-Conflict of laws-Comity of nations-Foreign judgment-General remarks upon the effect to be given to-Lex fori.-A foreign judgment may be reviewed by the courts of this country if any error appears upon the face of the record. So where it is manifest that the foreign court has refused to recognise the title to property properly acquired according to the laws of this country, the foreign judgment founded on such a refusal will be wholly disregarded by the courts here. Where assets are distributable, the order and disposition of such assets will be in accordance with the lex fori, where such assets are distributable; but not where such assets are the produce of a chattel upon which a valid security has been given (Simpson v. Fogo, 8 Law Tim. Rep., N. S., 61).

FRIENDLY SOCIETIES.-Friendly Societies Act, 18 & 19 Vic. c. 63, s. 23-Assignment by treasurer for the benefit of his creditors— Priority of society-Notice in writing.-By the 18 and 19 Vic. c. 63, entitled, "An Act to Consolidate and Amend the Law Relating to Friendly Societies," it was by the 23rd section enacted that if any person already appointed or employed, or thereafter to be appointed, or employed to or in any office in any Friendly Society established under that Act, or any of the Acts thereby repealed, whether such appointment or employment were before or after the legal establishment of such society, and having in his hands or possession, by virtue of his office, any moneys or property whatsoever of such society, or any deeds or other securities belonging to such society, should, among other acts specified in the section, make any assignment, disposition, assignation, or other conveyance for the benefit of his creditors, the heirs, executors, administrators, or assignees of every such officer, and every other person having or claiming right to the property of such officer, should, upon demand in writing made by the treasurer, or by the trustees, or by any two of the trustees of such society, or any person appointed at some meeting of the society

SUMMARY OF DECISIONS.

to make such demand, deliver and pay over all such moneys, property, deeds, and securities belonging to such society, to such person as such treasurer or trustee should appoint, and should pay out of the estate, assets, or effects heritable or movable of such officer, all sums of money due which such officer should have received, before any other of his debts were paid; and before any other claims upon him should be satisfied; and before the money directed to be levied, or which might be recovered or recoverable under the provisions of that section, was paid over to the party issuing such process or using such diligence as in that section also mentioned; and all such assets, lands, goods, chattels, property, estate, and effects should be bound to the payment, discharge, and satisfaction of such claims. In the following case, it appeared that the treasurer of a Friendly Society, having money belonged to it in his hands, assigned all his property to trustees for the benefit of his creditors. The society had not required from the treasurer any security until some years after his appointment, and had not audited their accounts: Held, that the statutory priority given by the above stated Act and section to the society against the treasurer's estate was nevertheless unaffected. Held, also, that the filing and service of the bill in this suit upon the trustees of the deed of assignment was a sufficient notice within the Act and section (Absalum v. Gethin, 8 Law Tim. Rep., N. S., 132).

MARRIED WOMAN.-Separate use.-Treated as feme sole in equity. -Difference between real estate and personalty as to corpus being settled to separate use. Although a married woman can have no separate estate at law, she may in equity; and may be regarded quoad such estate as a feme sole, except that her person cannot be attached. Real estate can be settled on a married woman to her separate use, but only for life, although she may have separate use in the corpus of personalty. A married woman, having a power of appointment by deed or will, or by will only, by exercising that power does not constitute the property so appointed separate estate. (Blachford v. Woolley, 11 Week. Rep. 478). Parol agreement contempoMORTMAIN ACT. - Gift of land raneously-Will-Fraud on Act.-Under the 9 Geo. II. c. 36, gifts for charitable uses, to be valid, must be made to take effect in possession for the charitable use immediately from the making of the deed, and be without any reservation, trust, or agreement, &c., for the benefit of the donor or grantor, or of any person claiming under him. In the following case, it appeared that one L., by deed duly enrolled, gave a small piece of land to trustees to permit a church, parsonage, and schools to be built thereon. L. had previously intended to do so by will, but being informed of the Mortmain Act, executed the deed. L. lived six years after the date of

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