ADMINISTRATION.

Defaulting trustee-Bankruptcy Act 1869-Debt due to trustees jointly-Set-off-Costs-Joint retainer-Apportionment of costs.-When it is found upon an account of an estate administered by the court that a sum is due to two trustees jointly, of whom one is on the other hand found to be a debtor to the estate, and has become a bankrupt since 1869, then, if the debt found due to the estate cannot be refunded owing to the insolvency of the defaulting trustee, the sum found due from the estate will not be set off against the debt, but an inquiry will be directed to ascertain whether any part of the debt from the estate is due to the defaulting trustee, and such part, if any, is all that ought to be set off against the debt due to the estate. When one of the trustees is found to be debtor to the estate, and has become a bankrupt since 1869, he is not entitled to be paid his costs of the action out of the estate until he has made good his default. When costs have been incurred under a joint retainer by trustees in an administration suit, such costs consisting in part of costs common to both trustees, and in part of costs incurred on behalf of each separately, then if one of the trustees is found to be indebted to the estate, the other trustee is entitled to his separate costs and such proportion of the costs common to both trustees as the taxing master shall apportion to him, but not to the entire costs of the trustees. (McEwan v. Crombie; Porter v. Grant.) Practice Application of Rules of 1883-Pending proceedings-Rules of Supreme Court 1883, Order LV., r. 10.-An administration action was commenced in Dec. 1882, by an executrix and beneficiary. Pleadings were delivered, from which it appeared that there were several questions between the parties; but it was ultimately arranged that a general administration decree should be taken, upon admissions in the defence, according to agreed minutes, and notice of trial was given on the 2nd Oct. 1883. Upon the case coming on as a short cause upon motion for judg ment: North, J. refused to make the proposed decree in face of the provisions of Order LV., r. 10, of the Rules of 1883, merely because the action had been commenced before they came into operation, and he directed a reference to chambers to inquire whether, under the circumstances of the case, a general administration of the testator's real and personal estate should be ordered. (Re Llewellyn; Lane v. Lane.)

ADMIRALTY.

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Bottomry action-Default action-Affidavit service-Writ-Order XIII., r. 2.-A plaintiff in an urdefended bottomry action must, before he can obtain judgment by default, in addition to filing an affidavit of service in the registry, as provided by Order XIII., r. 2, annex thereto the original writ. (The Eppos.) Collision-British and foreign ships Inspection of documents-Depositions before receiver of wreck -Board of Trade-Privilege.-In a damage action, arising out of a collision between a British and a foreign ship, copies of depositions made before the receiver of wreck by the crew of the British ship, and obtained from the Board of Trade by the owners of the British ship for the purposes of the action, are privileged, and inspection of them cannot be obtained by the owners of the foreign ship, even although the Board of Trade, on the ground that no such depositions have been made by any member of the foreign crew, has refused to allow the foreign owners to see them. (The Palermo.) ...

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Collision-Compulsory pilotage-Anchor-Hull Pilot Act (2 & 3 Will. 4, c. 103, Local and Personal), ss. 22, 36, and 41.-Pilotage is compulsory on vessels coming into the port of Hull, and, where the vessel is going into dock, remains compulsory until she reaches her ultimate destination in the dock, and does not cease because the vessel anchors in the river waiting the tide to go into dock. The fact that the pilot who brings her to an anchor leaves her there, and she is taken on by another pilot in consequence of an arrangement among the Humber pilots, does not affect the compulsion. The position of an anchor, which is required for letting go in a port, is within the discretion of the pilot in charge, and if damage is occasioned by reason of the anchor so being placed with the pilot's consent or directions, the owners are exempted from liability for such damage. The rule that where both ships are found to blame for a collision each party bears his own costs is to be followed in a case where the defendants' ship, which does not counter-claim, is held to be exempt from liability on the ground of compulsory pilotage. (The Rigborgs Minde.)

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Compulsory pilotage Passing through the limits of a pilotage district-Exemption-The Merchant Shipping Act Amendment Act 1862.Where a steamship is passing through the limits of any pilotage district in the United Kingdom, on a voyage between two places, both situate out of such district, but stops at a port within that district for the purpose of coaling only, the provisions of sect. 41 of the Merchant Shipping Act Amendment Act 1862 do not exempt her from compulsory pilotage, the words "loading and discharging "therein mentioned not being confined to cargo. (The Winston.)

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Consequential damage Registrar's report Objections-Practice.-A report of the registrar and merchants does not necessarily stand confirmed by reason of the defendants failing to take objection thereto within the time provided for in rule 117 of the Admiralty Court Rules 1859, so as to absolutely entitle the plaintiffs to payment to them by the defendants of a sum of money which the court is of opinion ought not to have been allowed them in the report. The court has power to extend the time within which objection to the report of the registrar and merchants may be taken. In a case of total loss at sea by collision, a shipowner who has cargo of his own on board is entitled to recover, in lieu of freight, what would have been the enhanced value of the cargo at its destination, less the expenses of earning that value, and that is the proper form of claim, and not a claim for expenses in making the ship fit for sea, &c. (The Thyatira, No. 125.) 713

Crossing ship-Duty of-Regulations for Preventing Collisions at Sea, arts. 16, 20.-Where one of two ships is at the same time crossing and overtaking the other, art. 20 of the Regulations for Preventing Collisions at Sea applies, so as to render it the duty of the former to keep out of the way of the latter, notwithstanding the rule as to crossing ships, which in such cases does not apply. (The Seaton.)

Crossing ships Regulations for Preventing Collisions at Sea, arts. 16, 18, 22.-The steamships A. and B. were on courses crossing one another at right angles, the A. having the other on her starboard hand. As they approached one another the B., seeing the A. was taking no steps to keep out of the way, at a distance from a quarter to half a mile, eased her engines and whistled. As they got nearer, the A. still not altering her course, the engines of the B. were stopped and reversed full

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speed astern, but the vessels came into collision. It was admitted that the A. was to blame, but it was contended by the A. that the B. was also to blame for not stopping and reversing when she first saw there was risk of collision and that the A. was not getting out of her way. Held, that, although it was the duty of the B. to keep her course, it was still her duty to stop and reverse in due time, and that, under the circumstances, she had stopped and reversed in due time, and that the A. was alone to blame for the collision. (The Beryl.) ...page 748

Collision-Launch-Necessary precautions - River Mersey. The duty of persons in charge of a launch, to take reasonable precautions to warn other vessels navigating the river before the vessel is launched, is to be construed as meaning that they are bound to take the utmost possible precautions. Tugs in attendance on a launch in the river Mersey should be dressed with flags, and should give warning to approaching vessels that the launch is about to take place. (The Steamship Bentinck Company Limited v. W. H. Potter and Son; The George Roper.)

Narrow channel- - Current-Special circumstances Crossing steamships - Stopping and reversing Regulations for Preventing Collisions at See, Arts. 16, 18, 21, 22, 23, and 21. The Straits of Messina between Ganzirri and Faro Point on the Sicilian shore and Pezzo Point and Alta Finmara on the Calabrian shore are a little less than two miles in width, and are a narrow channel within the meaning of art. 21 of the Regulations for Preventing Collisions at Sea. Where one steamship is in such a position with regard to another vessel that it is her duty, under art. 16 (or, semble, art. 17), to keep out of the way of the latter, it is not obligatory on her to ease or stop and reverse her engines under art. 18, so long as there is no reason to suppose that she will not keep out of the way under the ordinary action of the helm. (Scicluna and another v. J. P. Stevenson; The Rhondda.)

Practice Reference Amount of claim Amount allowed-Costs.-Where a plaintiff in a reference in a collision action withdraws a large item of his claim at the reference and not before, and he recovers less than two-thirds of the amount originally claimed, but more than two-thirds of the amount which remains after his withdrawal of the above item, the original amount of his claim before withdrawal is the claim upon which costs are to be given, and he is not entitled to his costs. (The Eilean Dubh.)

Wages-Maritime liens-Priority-Foreign ship -Proceeds of sale.-The plaintiffs in a damage action, in which a foreign ship proceeded against has been sold by order of the court, and the proceeds brought into court to satisfy the claims against her, having no effective remedy except against the ship, are entitled to payment of their claim out of the proceeds in precedence to the seamen's claim against such proceeds for wages earned on the ship subsequently to the collision. (The Elin.)

Life and property salvage-Derelict-Amount of award. In a case of salvage the court, having ont of the proceeds of ship and cargo, amounting to 608., awarded one half to salvors of property, awarded 150l. to life salvors taking off the crew, together with costs to both plaintiffs. (The Anna Helena.)

66 Necessaries

-Premiums for insurance. Premiums paid for the insurance of a ship, not being essential to its equipment for sea. are not necessaries" within the meaning of sect. 6 of 3 & 4 Vict. c. 65. (The Heinrich Bjorn.)

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Owners of ship and cargo identical-Advance on account of freight-Assignees of bill of ladingLoss of ship and cargo-Right of action.-Where cargo is shipped on the shipowners' account and money is advanced to them by persoms who take as security an assignment of a policy of insurance on the freight, and a bill of lading signed by the master and indorsed by him with a receipt of a sum of money on account of freight named in the

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bill of lading, and the ship is run down and sunk by the negligence of another vessel, the persons advancing the money as holders of the bill of lading have sufficient interest in the goods and freight to entitle them to recover from the owners of the wrong-doing vessel the sum of money advanced on account of freight. Where shipowners ship goods in their own ship they may, by indorsement of a bill of lading naming the rate of freight, assign under the name of freight the enhanced value of the goods at the port of destination so as to give the assignees a right of action against wrong-doers causing the loss of ship and cargo. Whether the amount assigned under the name of freight is within the enhanced value is a question for inquiry. (Cockbain, Allardice, and Co., v. The Owners of the Thyatira and her Freight. The Thyatira.) ...page 406 Practice Appeal from County Court Court of Passage. The power conferred by sect. 27 of the County Courts Admiralty Jurisdiction Act 1868 to extend the time within which an instrument of appeal may be lodged, provided sufficient cause be shown, is not altered or curtailed by sect. 6 of the County Courts Act 1875, this latter section merely providing an alternative mode of appeal. (The Humber.)

Default action in rem-Motion for judg ment. As under Order XIII., r. 12, default actions in rem are to proceed as if the defendant had appeared, Order XXVII., r. 11, as to setting down an action on motion for judgment where the defendant makes default in pleading, applies to such actions and judgment therein is to be obtained under the provisions of that rule. Where in an action in rem for collision the defendant makes default, the plaintiff should, on moving for judg ment, support his claim by affidavit. (The Spero Expecto.)

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Regulations for preventing collision-Infringment-Lights-36 & 37 Vict. c. 85, s. 17.-Departure from the Regulations for Preventing Collisions as Sea is justifiable under art. 3, where the departure is the only chance of avoiding the collision, and is, in fact, the best manoeuvre under the circumstances. A steamship approaching another vessel so as to involve risk of collision is justified in keeping her engines going full speed ahead where she is placed in a position of unexpected danger by the neglect of the other vessel to exhibit one of her lights whilst showing the other in an improper place, and where such going ahead is, in fact, the only chance of avoiding a collision. (The Benares.) 702 Sale of ship - Appraisement - Private contract. In an action for master's wages and disbursements, where the ship proceeded against was subject to other claims by mortgagees and material men, the Court upon motion, no opposition being offered, ordered an official appraisement of the ship to be made, and the ship to be sold by the marshal by private contract for a sum of money not less than the appraisement, upon proof that the mortgagees assented to such sale, and that notice of the motion had been served upon all the claimants. (The Planet.) Salvage-Amount - Damage- Loss of profit Separate award for damages-Evidence.-Where in rendering salvage services a ship has sustained actual damage and loss which is capable of being accurately ascertained, evidence of the amount thereof is admissible on behalf of the salvors, and the court should, where there is a fund sufficient for the purpose without depriving the owner of the benefit of the salvage, award to the salvors the amount of such loss and damage in addition to the salvage reward. Interest on the amount of loss and damage is not recoverable by salvors. Salvors are entitled to recover for general depreciation in the value of a salving ship in consequence of the damage sustained, and for loss of charter-party if proved. In a service of considerable merit lasting for sixty-two hours, where the court below on a value of 67,2001. had awarded 50001. for the service, and 3535l. 1s. 6d. for damages and expenses arising out of the service, the Court reduced the award to a lump sum of 6000l. (William Bird and others v. Thomas Gibb and others; The De Bay.) 414

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Salvage-Award-Amount-Appeal-Privy Council. -In salvage appeals, the Court of Appeal, following the rule of the Privy Council, will not interfere with the amount of the award, unless the amount has been estimated on wrong principles or on a misapprehension of the facts, or unless, assuming the principles and facts to be correct, the amount of salvage is, in the opinion of the Court of Appeal, exorbitant in the sense of being beyond all reason. Where the Admiralty Court on a value of 62,0001. awarded 6000l. to a steamship, which at great risk to herself got another steamship off a coral reef in the Red Sea, ninety-five miles from Suez, and so saved her from probable total loss, and then at her request towed her within a few miles of Suez, the Court of Appeal refused to reduce the amount of the award. (The Lancaster.) page 705 Loss of profits-Damage: Practice. - In a salvage action evidence of the loss of profits and damage sustained by the salving vessel is admissible as an element to be considered in awarding remuneration; but evidence of loss of profits is not to be taken in ordinary cases as a fixed figure always to be allowed as in the nature of damages. This rule does not apply with the same force to actual damage sustained. (The Sunniside.)

Misconduct of salvors-Forfeiture of award -Counter-claim.-Where salvors, having taken possession of a derelict vessel, whose crew had taken refuge on board the salvors' vessel, improperly refused to put back the crew or take the proffered assistance of a tug, although they themselves had no local knowledge, and then brought the derelict to anchor in an improper place, in consequence of which she was lost, the Court, although the ship and cargo were subsequently raised, and realised 30751., refused to give any salvage remuneration, and condemned the plaintiffs in costs, but dismissed the counter-claim for damages. (The Yan Yean.)

Practice Form of pleadings - Order XIX., rr.4, 5, and 7.-In a salvage action where the plaintiffs had delivered a statement of claim in the form No. 6, sect. 3 of appendix C. to the Rules of the Supreme Court 1883, the Court, on motion by the defendants, ordered the plaintiffs, under Order XIX.,r. 7, to deliver a further and better statement of the nature of their claim, and ordered the costs of the motion to be costs the cause. The forms

of pleading under Order XIX., r. 5, are not under all circumstances to be rigidly complied with, but are rather to be taken as the class of pleading it is desired to introduce. In salvage actions it may be proper in some cases, owing to the practice of the court that where the defendants admit the facts alleged in the statement of claim the plaintiffs are not allowed to give any evidence at the hearing, to use a fuller form of statement of claim than that given in the example in the appendix to the Rules of the Supreme Court 1883, and approaching more nearly to the old form. (The Isis) Solicitor's lien-Italian Code-Priority-Seamen's wages-23 & 24 Vict. c. 127, s. 28-17 & 18 Vict. c. 104, s. 205.- Solicitors for defendants in a salvage action against a foreign ship, who are entitled to a charge upon the ship, or the proceeds thereof, for their costs and expenses incurred in the preservation of the property, do not take priority of the claim of the foreign Government, who, on the abandonment of the ship by her owners, are entitled, by the provisions of their Code, to a lien upon the ship, or the proceeds, for the expenses of sending back the ship's crew to their own country. An Italian ship was brought into a British port by salvors. A salvage action having been instituted, the ship was sold by order of the court, and a sum was awarded out of the proceeds to the salvors. After payment of that sum, and the costs of the plaintiffs, a balance of Gol. 10s. 3d. remained in court. The defendants' solicitors had incurred expenses in pumping the ship, paying the marshall's possession fees, &c., and claimed a charging order upon the balance in court for such expenses, and sought payment out of such balance to them. The Italian Government,

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through their consul in this country, had sent home the crew of the ship, and had incurred expenses by so doing. By Italian law such lastmentioned expenses are a lien upon the ship. The Italian consul opposed payment out to the defendants' solicitors, and claimed priority for the lien of the Italian Government. Held, that the Italian Government was entitled to such priority. (The Livietta.)

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Thames Conservancy Rules, 1880, arts. 22 and 23Tide-Blackwall Point.-Where a steamship in the river Thames, having come out of dock and being bound down the river, finds herself with the tide against her on the bend of any of the points enumerated in rule 23 of the Thames Conservancy Rules, where the river has begun to curve round, and those on board of her see another steamship in the reach below preparing to round the point with the tide, the first steamship is not bound by the 23rd rule, as that only applies to the case of a vessel not having reached the point. Where a vessel, proceeding down the river against a flood tide and about to round a point under her port helm, is bound to act under rule 23 of the Thames Conservancy Rules, she does not act inconsistently with rule 23 if she ports her helm in compliance with rule 22. (The Margaret.) Towage contract-Implied warranty - Notice stricting liability-Negligence-Statutory bye-law -Damage-Stranding-The Harbours, Docks, and Piers Clauses Act 1847-The Great Yarmouth Port and Haven Act 1866.-A term in a towage contract, by which tug owners exempt themselves from liability for damage or loss occasioned by the negligence or default of their servants, covers damage occasioned in consequence of the act of the master taking in tow too many vessels at a time in contravention of a statutory bye-law of the port in which the towage takes place, although the number of vessels causes the tug to be of insufficient power for the service. (The United Service.) 701

ARBITRATION.

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Revocation-Agreement to refer-Submission to arbitration.-The 13th section of the Common Law Procedure Act 1854 (17 & 18 Vict. c. 125) does not, in the case of the references therein mentioned, take away the common law right of either party to revoke a particular submission to arbitration, in cases which, by reason of there being no provision for making the submission a rule of court, do not come within the operation of 3 & 4 Will. 4, c. 42, s. 39. (Re An Arbitration between Fraser and Co. and Ehrensperger and Eckenstein.)...

ARTISANS AND LABOURERS' DWELLINGS IMPROVEMENT ACT 1875. Lands Clauses Act 1845-Compulsory purchase-Arbi trator's award.-The requisition by the local authority in the mode directed by clause 6 of the scheduled clauses to the Artisans and Labourers' Dwellings Improvement Act 1875, as to the acquisition of land compulsorily, is analogous to a notice to treat under the Lands Clauses Act 1845; therefore an interest in property created by agreement entered into by a landowner after such requisition is not a subject for compensation under the former Act. The arbitrator's award does not decide the question of title to compensation, but the amount, on the assumption that some one is entitled. (Wilkins v. Mayor, &c. of Birming ham.)...

ASSIGNMENT OF CHOSE IN ACTION. Policy of insurance.-H. insured his life for 100%., and gave the policy to his wife on condition that she paid the premiums. He afterwards devised all his property to the plaintiff, who was his sole executrix, upon trust for his children. The wife took possession of the policy, and paid all the premiums out of her separate estate. Held, that the policy passed under the will to the plaintiff, as there was no assignment in writing. (Howes v. The Prudential Assurance Company and Howes.)

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ATTACHMENT OF DEBTS. Garnishee order-Future instalments of income payable to trustees-"Debt, owing or accruing' R. S. C. 1875, Order XLV., r. 2-R. S. C. 1883, Order XLV., r 1.-To obtain a garnishee order nuder R. S. C. 1875, Order XLV., r. 2, or R. S. C. 1883, Order XLV., r. 1 (by which all debts owing or accruing from the garnishee to the debtor may be attached), the applicant must show that a debt then exists, and either is then payable or will become payable at a future time. A judgment debtor was entitled for life under a will to an annual income payable half-yearly by the trustees, and had assigned his interest by mortgage to secure a sum of money borrowed by him. The trustees had advanced to the debtor more than the amount of the next half-yearly payment. No receiver had been appointed. Held, that there was no debt owing o: accruing from the trustees to the debtor, and therefore the debtor's interest under the will could not be attached. (Webb v. Stenton and Others; Re Hatton.) Police superannuation-Wages-11 & 12 Vict.-33 & 34 Vict.-A judgment debtor had become entitled absolutely, under 11 & 12 Vict. c. 14, sect. 2, to a superannuation allowance or pension payable quarterly by the garnishees in respect of twenty years service as a police constable. Held, that this pension was not in this court protected by the Wages Attachment Abolition Act 1870; and that each instalment was subject to a garnishee order under Order XLV., r. 1, upon a summons issued at the time that instalment was due. (Re Hayson; Booth v. Trail and others; Mayor, &c., of Sunderland, Garnishees.)

AUCTIONEER.

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Sale by-Unnamed principal-Goods claimed by third party-Auctioneer's liability. When an auctioneer sells without disclosing the name of his principal, the character and extent of the contract he enters into with the purchaser depends upon the conditions of sale, upon what is said by the auctioneer at the time, upon the surrounding circumstances, and upon the nature of the subject-matter of the sale. Where an auctioneer sells by auction standing corn with the straw, for an unnamed principal, the price to be paid at once, and the crop to be removed immediately after it has arrived at maturity at the purchaser's expense, there is a contract by the auctioneer to give the purchaser all proper authority to enter upon the land, and to cut and carry away the corn and straw, but there is no actual warranty of the validity of the title of his principal to sell. (Wood v. Baxter and others.)... 145

AUDITORS.

Employment of accountant-Disagreement - Expense of shareholders.-By the Companies Clauses Act 1845, s. 108, the auditors to be elected by the shareholders may employ such accountants and other persons as they may think proper at the expense of the company. The plaintiff, who was elected one of two auditors of the defendant company, employed an accountant against the wish of his co-auditor, and the shareholders declined to pay the expense. Held, nevertheless, that the plaintiff was entitled to recover the expense from the defendants. (Steele v. Sutton Gas Company.) 682 AWARD.

Claim of party to be heard after assessment-Refusal to reopen before publication-Valuation by arbitrators and umpire-Appointment of arbitratorEating and drinking with one party.-By the lease of a farm the lessor undertook to pay the lessee at the end of the term whatever is usually valued between an incoming and outgoing tenant at a valuation, the amount to be ascertained by two indifferent persons, or their umpire, pursuant to the C. L. P. Act 1854. The lessor and lessee duly appointed each an arbitrator, the lessor at the time of his appointment stating that he would leave the matter in his arbitrator's hands, and that the amount of the valuation would be paid. The two

arbitrators, together with the umpire whom they nominated, proceeded to inspect the farm under the guidance of the lessee, and to examine the lessee, in the absence of the lessor, and without notice to him of the meeting. On the same day the umpire, arbitrators, and lessee dined together at a village inn; and after the lessee left them the umpire fixed all matters in dispute between the arbitrators except two, upon which he afterwards took the opinion of his solicitor. Whea the lessor was informed by his arbitrator of the approximate amount fixed at the valuation, and the points of law reserved, he immediately applied to the umpire to be heard in person, but the umpire refused to reopen the arbitration, and about ten days afterwards signed and published his award. Held, upon a rule to set aside the award, that during the reservation of the points of law the arbitration was not practically nor legally concluded, so that upon his application the lessor was entitled to be heard personally by the umpire, and therefore the refusal to hear the lessor rendered the arbitration invalid. (Re Maunder.)

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BANKRUPTCY.

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Act of bankruptcy-Fraudulent preference-Payment by solicitor by direction of client-Liability solicitor-Bankruptcy Act 1869.-A solicitor was directed by his client to receive a sum of money and distribute it in a certain manner. The solicitor knew before he paid away the money that when it had been paid away it would constitute an act of bankruptcy on the part of his client, though he was not aware of this when he received the money. Held, that the trustee on the subsequent bankruptcy of the client could not recover from the solicitor the money so paid away, as the trustee would only become entitled to the money on the completion of the act of bankruptcy to which his title would relate back, which was not until after the money had left the solicitor's hands. (Ex parte Helder: Re Lewis.)

Appeal Notice-Substituted service-Jurisdiction -Bankruptcy Rules 1870, rr. 36, 37.-A debtor having given no notice under rule 36 of his intention to show cause against a bankruptcy petition, the petition was heard in his absence, and the Court refused to make an adjudication. The petitioning creditor desired to appeal. Held, that he must serve the debtor with notice of appeal, but that the Court of Appeal could make an order for substituted service of the notice. (Ex parte Warburg; Re Whalley.) Close of bankruptcy - Undischarged bankrupt After-acquired property-Death of bankruptAdministration action-Rights of old creditorsBankruptcy Act 1869 (32 & 33 Vict. c. 71), ss. 12, 15, 47, 48, 49, 52, and 54.-The word "property in sect. 12 of the Bankruptcy Act 1869, includes property acquired by an undischarged bankrupt after the close of the bankruptcy. Creditors under a bankruptcy are therefore precluded by that section from any remedy against such property, except in manner directed by sect. 54. The modes prescribed by the latter section do not include the commencement of, or proof in, an administration action. These principles apply whether or not the bankrupt has died before the expiration of the three years after the close of the bankruptcy. An undischarged bankrupt died intestate less than three years after the close of the bankruptcy, having, in the interval, acquired fresh property and contracted fresh debts. An administration action was brought by the new creditors, and the estate proved more than sufficient to pay the costs and the new creditors in full. The old creditors claimed the surplus. Held, that their claim could not be sustained, and that the surplus must be paid to the administratrix. (Re Smith; Green v. Smith.)

Composition-Discharge of debtor-After-acquired property of debtor.-At a general meeting of the creditors of a liquidating debtor, held under the 28th section of the Bankruptcy Act 1869, resolutions were passed accepting an offer by the debtor of a composition of 28. in the pound, payable in

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