he had not concluded himself to Page 389 19. Joint Creditors under an Order to prove against separate Estates, proving against one or more of them, exclusively of the Rest, the Estate so burthened is entitled to Reimbursement from the others. 20. Where several Firms are engaged in a joint Adventure, the Creditors of the Adventure, in the Event of Bankruptcy, and there being no joint Property, must prove against the separate Estate of the Indivi- dual, not of the Firms. Ex parte 21. Bond conditioned to be void upon Payment of 3000l. with In- terest from the Death of the Obli- The Annuity is in Arrear at the Bankruptcy, creating a Breach of which the Certificate would be a held entitled to prove under the PROPERTY Which does or does not pass to the As- 2. Agreement to pay into a Bank of four Partners Bills of Exchange, indorsed, and to take in Return Bills are then paid in, and their Notes taken; and then the fourth becomes bankrupt. The Assignee held not to be entitled to retain 3. Where a Draft for Money was en- to America, and did accordingly abscond, but was taken before he quitted England, and thereupon surrendered to the Principal the Securities for the American Stock Whole, and received the Proceeds. De 461 4. A Transfer of Property on the 5. A. shortly before his Bankruptcy draws a Bill, and having procured it to be discounted, gives B., a Creditor, an Order to receive the Amount, which he directs C., who discounts the Bill, to transmit to B. Whilst the Money was in the mits an Act of Bankruptcy. B., who afterwards receives the Money, 3. A Creditor attending to prove his Debt is protected from Arrest. Ex parte List.-In the Matter of Cum- 4. A certificated Bankrupt discharg- ed out of Custody upon an Attach- ment for Disobedience of an Order 5. A Bankrupt is, under the Statute 5 Geo. 2. c. 30. s. 5. protected from Arrest through the whole Pe- 6. A Bankrupt imprisoned at the Date SCRIVENER. RELATION. See TRADING. See ACT OF BANKRUPTCY. S. SALE. Assignees may sell by private Con- SECOND COMMISSION. 179 1. An uncertificated Bankrupt be- Commission, whether the subse- quent Creditors are preferably en- titled to the Property. Query. The Question to be raised by a Bill in Equity, as too important to 2. A second Commission superseded, and a Procedendo issued on a former Commission which had expired, the petitioning Creditor under the first Commission having been prevent- ed from prosecuting his Commis- sion by the Artifices of a Person who was desirous of covering cer- tain Transactions between himself 1. The Great Seal will very cautiously relax the Practice which requires a Security to be sold before a Proof can be made, admitted by ordering it to be taken at a Valuation. An Application for that Purpose must depend upon its special Circum- stances, of which the general Be- nefit of the Creditors and the Amount of the Applicant's Debt are very material. Ex parte Smith. 2. A Security to a Firm continued 239 3. A Bond conditioned to repay to five Persons all Sums advanced by them, or any of them, in their Ca- pacity of Bankers, will not extend to Sums advanced after the De- cease of one of the five by the four indebted to B. for Premiums of In- surance, and having obtained an Advance of Money upon a Pledge of Goods placed in B.'s Hands for cannot be set off against a Debt 5. Where a Loss attaches upon a Po- the Obligation on himself to pay the Bill so set off subsisted before the Bankruptcy, or that there was a mutual Credit created in the Ori- gin of the Bills. Aughterlony v. 7. Where to an Action by Assignces three or four Weeks before the Bankruptcy was held sufficient might infer that he was in Posses- 8. Against Premiums due to the without a del credere Commission, Page 471 SEQUESTRATION. A Commission of Bankrupt vests in But the Commission does not The Title of the Assignees by 1. The Owners of a Ship are not in- 76 is retained, is specifically charge- 91 3. If in a foreign Port a Loan is ne- Ship |