be disadvantageous to the bankrupt's estate to make an order for the sale of the property, until the interests of the respective parties were precisely ascertained. Under these circumstances, the petition was dismissed with costs. Er parte Bignold, re Francis, 1 Deac. 515. (Opening of.) And see BIDdings. Where the conveyances had been executed, a sale of the bankrupt's property will not be opened. Ex parte Kelly, 2 Molloy (Irish), 441. Where the agent for the assignee has acted in the same character for the purchaser, and fraud or mismanagement is shown in the conduct of the sale, a resale will be ordered, upon an advance in the biddings, although after an interval of six months. Re Martin, 2 Molloy (Irish), 446. The rule is, that a party opening a sale must pay the costs. Ibid. 448. But, where the party opening a sale had been outbid, and the bankrupt's estate had been greatly benefited by the resale, Lord Manners ordered a meeting of creditors to be called, to consider whether they would agree that the costs should be paid out of this fund. Ibid. 448. (Receipt of Rents.) The rule is the same with respect to sales in bankruptcy, and sales under decrees: that if the purchase It is no objection to a petition to tax a solicitor's bill, that it contains allegations reflecting on the conduct of the solicitor; for if such allegations are improper, they may be referred for scandal. Ex parte Wells, re Wells, 1 Deac. 69. The hearing of a petition referred for scandal will be stayed; aliter, of a petition referred merely for impertinence. But if certain affidavits only are referred for scandal, and the party can proceed without them, the hearing may proceed. Ex parte Gomm, re Gomm, 1 Deac. 366. SCIRE FACIAS. To scire facias upon a judgment in assumpsit by the original plaintiff, the defendant pleaded the defendant's bankruptcy; and that the causes of action in the original suit accrued before the plaintiff became bankrupt. On special demurrer, for that the plea did not show whether the judgment was recovered before or after the bankruptcy:-Held, that the plea was bad, inasmuch as it did not appear but that the bankruptcy might have been pleaded in bar of the original action; and a defendant cannot plead any matter to a scire facias on a judgment, which he might have pleaded to the original action. Baylis v. Hayward, 4 Adol. & E. 256; S. C. 5 Nev. & M. 613. SECOND COMMISSION. And see SUPERSEDEAS. a A creditor, at the solicitation of a certificated bankrupt, executes power of attorney to A. B. to receive the dividends on his debt for the bankrupt's use, the bankrupt undertaking to pay the debt in full, and for that purpose giving the creditor a bill of exchange, which is, however, never paid. A second commission issues against the bankrupt, under which the assignees claim to be entitled to the dividends under the first commission, by virtue of the power of attorney.-Held, that the power of attorney was revocable by the creditor, the consideration failing for which it was given; and that the creditor, and not the assignees under the second commission, was entitled to the dividends. Ex parte❘ Smither, re Gowett, 1 Deac. 413. The 127th section of the 6 Geo. 4. c. 16. does not apply, where the certificate under the second commission was obtained by the bankrupt before the 6 Geo. 4. c. 16. Therefore, where the bankrupt was insolvent in 1818, and a commission issued in 1822, under which he obtained his certificate previous to the 6 Geo. 4. c. 16., it was held, that the interest in an agreement, entered into by the bankrupt subsequent to the certificate, did not pass to the assignees under the commission. Ex parte Hawley, re Richards, 2 Mont. & A. 426. SECOND FIAT. And see CERTIFICATE. A commission issued against the bankrupt in 1823, under which a creditor omitted to prove his debt, being informed there were no assets. A subsequent fiat was issued against the bankrupt in 1834, who had not then obtained his certificate under the former commission, when the Court ordered the commission to be impounded. A petition by the creditor, praying that the commission might be delivered out of the office, to enable him to go in under it and prove his debt, was dismissed with Ex parte Martin, re Kenton, costs. 1 Deac. 44. After a bankrupt had compounded with his creditors, a commission issued against him in 1825, under which he obtained his certificate, but did not pay 15s. in the pound. He was for several years afterwards engaged in trade, with the knowledge of the assignees, until 1835, when a fiat issued against him, under which the official assignee had collected. considerable assets. Upon a petition by the assignees under the fiat to impound the former commission, and Set-Off. praying for an order that the official | section of the Insolvent Debtors' assignee might divide the assets under the fiat amongst the subsequent creditors:-Held, that the Court could not interfere with the legal title of the assignees under the commission, in the absence of any connivance or concert on their part; but it was ordered, that if no petition was presented by the first set of assignees before the second day of the next term, the Commissioners might, after payment of the costs, divide the residue of the assets among the creditors under the fiat. Ex parte Abbot, re Barber, 1 Deac. 479. SEQUESTRATION. Order made to prevent the bankrupt from availing himself of a sequestration, obtained by him before his bankruptcy, of the rents and profits of a rectory. Ex parte Hall, re Iveson, 1 Deac. 87. SERVICE OF DOCUMENTS. See ORDER-PETITION. SERVANTS AND CLERKS. A clerk, compelled to leave the bankrupt's service several months before the bankruptcy, on account of his master's inability to pay his salary, is nevertheless entitled to six in full. Ex parte months' wages Saunders, re Green, 2 Mont. & A. 684. SET-OFF. And see MUTUAL CREDIT. Act, 7 Geo. 4. c. 57., vests the property of the insolvent in his assignees only from the time of its execution. Therefore, where an insolvent went to prison on the 13th April, on the 14th sold to the defendant (his landlord) certain fixtures on the premises he had occupied, and on the 18th petitioned for his discharge under the Act, at the same time executing the usual assignment of his effects to the provisional assignee:-Held, in assumpsit brought by the assignees to recover the price of the fixtures, that the defendant was entitled to set off a sum due to him from the insolvent for rent. Simms v. Simpson, 1 Scott, 177. In an action by assignees of a bankrupt against the defendant, for not accepting bills of exchange, pursuant to his agreement with the bankrupt, in payment for goods sold and delivered by the bankrupt to the defendant :-Held, that the defendant might set off a debt due to him for money lent to the bankrupt before his bankruptcy. Gibson v. Bell, 1 Scott, 712; S. C. 1 Bing. N. C. 743. To a count in debt by assignees for money had and received by the defendant to the use of the plaintiffs, as assignees, but not stating whether received before or since the bankruptcy; the defendant pleaded a setoff for money due to him on an account stated with the bankrupt before the bankruptcy.--Held, that the plea was bad, for that it did not show that the debts were mutual. Groom v. Mealey, 2 Scott, 171. SHERIFF. Where a defendant, against whom rant: Quere, whether in an action of tort against the sheriff by the assignees of a bankrupt, for seizing the without specially pleading them, give in evidence payments necessarily made by him out of the proceeds, in reduction of damages. Goldsmid v. Raphael, 3 Scott, 385. a fi. fa. had issued, became a bank-bankrupt's goods, the defendant may, rupt after the seizure, and his assignees made an arrangement with the sheriff as to the disposal of the goods :-Held, that the sheriff could not be ruled to return the writ, on behalf of the bankrupt. Gilbert v. Whalley, 2 Cromp. M. & R. 722. Trover does not lie by assignees against the sheriff, to recover the value of goods sold in excess beyond what was necessary to satisfy an execution which had been issued against the bankrupt; the remedy being by special action on the case, where the sheriff sells too much. Batchelor v. Vyse, 1 Mood. & R. 331. A sheriff, who held goods taken in execution, delivered them to the assignees of a bankrupt, after an action of trover had been commenced by them, and they accepted the goods without condition, but proceeded in the action to recover damages for the detention.-Held, that they could not recover more than nominal damages; at all events, not without alleging special damage in the declaration. Moon v. Raphael, 2 Bing. N.C. 310. The officer who seized the goods being called to prove the warrant, stated that he entered on a certain day, under a warrant in the usual form, but that he had lost the war SLAVES. An equitable mortgage of slaves in Antigua, by a deposit of a registered title-deed containing a schedule of the slaves, was held to be bad, where the memorandum accompanying the deposit which was registered, did not also contain a list of the slaves. Ex parte Borrodaile, re Rucker, 2 Mont. & A. 398; overruling Ex parte Rucker, 3 Deac. & C. 704; 1 Mont. & A. 481. SOLICITOR. Where the solicitors to the commission received from the assignees the amount of their bill of costs, which had been bona fide incurred, for defending a suit in Chancery brought against the assignees; and the major part of the creditors and the official assignee applied for an order on the solicitors to refund the amount, on the ground that the Commissioner had certified that the suit was improvidently defended, and that he had disallowed the amount of the costs in the assignee's accounts; the petition was dismissed, with costs, | except as against the official assignee. Ex parte Benham, re Bramwell, 1 Dea. 26. Where the solicitor to the commission prepared and charged for an assignment to the assignees, which he neglected to get properly executed, he is bound to remedy this defect at his own cost. Ex parte Bennet, re Stephens, 1 Dea. 70. An agreement of the assignee to allow the solicitor interest on the amount of his bill of costs, does not bind the bankrupt's estate; nor does a resolution of creditors, at a meeting held for this purpose, bind those who are absent. Ex parte Phillips, re Phillips, 1 Dea. 368. The Court has power to order the taxation of a solicitor's bill, in which is contained a charge for attendance before the Commissioners on behalf of an equitable mortgagee. Ex parte Williams, re Webb, 1 Dea. 469. The provisions of the 3 Jac. 1. c. 7. s. 1., and 2 Geo. 2. c. 23. s. 23., do not extend to the assignee of an insolvent or bankrupt attorney, who may sue for business done by such attorney, without delivering a signed bill to the client. Lester v. Lazarus, 1 Tyr. & Gr. 129; S. C. 2 Cromp. M. & R. 665. Under the 3 Jac. 1. c. 7., a bill signed by the attorney is sufficient, without specifying the Court in which the business is done. Ibid. Quære, if it is not also sufficient under the 2 Geo. 2. c. 23. Ibid. An action by an attorney, for his charges incurred in selling or mortgaging the property of a party confined in prison for debt, after such party has petitioned the Insolvent Court for his discharge, cannot be resisted on the ground that such sale or mortgage was fraudulent, as against the creditors of the insolvent. The only ground, it would seem, on which such an action can be defended, is, that the insolvent could derive no benefit from the plaintiff's skill. Tabram v. Warren, 1 Tyr. & Gr. 153. A solicitor cannot receive a deposit of title deeds, as a security for future bills of costs. Ex parte Laing, re Dudderidge, 2 Mont. & A. 381. The solicitor to the petitioning creditor may petition that the assignees may pay him, the solicitor, the amount of the petitioning creditor's costs up to the choice of assignees, without the petitioning creditor joining in the petition. Ex parte Benson, re Tay, 2 Mont. & A. 582. The solicitor cannot, in bankrupt. cy, compel the assignees to pay his bill, if they have no assets. Ex parte Adams, re Friedman, 2 Mont. & A. 706. An attorney's bill cannot be recovered in an action on an account stated, although the amount has been admitted, without proof of the delivery of his bill. Eicke v. Nokes, 1 Mood. & R. 359. (Confidential Communication.) Trover for a lease by the assignees |