Ex parte EMBDEN.--In the matter of EMBDEN. a MR. KOE applied for leave to amend the title of petition addressed to the Lord Chancellor, under the following circumstances. The petition to supersede 1832. May 26. Where petition to supersede was presented to the L.C. before 11th January 1832, in order to save expense tion on assignees the commission had been presented to the Lord Chan- sav cellor before the new Court Act came into operation, service of moand prior to the signature of all the creditors having that prayer of been obtained. All the creditors had now signed and petition may be granted by C.R. consented to the supersedeas, and the Commissioner sufficient, had also signed. Sir G. ROSE. The proper course will be, in order to avoid the expense of amending this petition or filing a fresh one, to serve the assignees with a notice of motion that the prayer of this petition may be granted by this Court (a). (a) See in re Eastcourt, ante, 457. Ex parte JOHN RAPP.-In the matter of RICHARD SMITH. May 30. nee surviving, THIS petition stated that the commission against the where there is bankrupt issued 1st July 1811, under which the peti- only one assig tioner, in conjunction with James Bowden and Benjamin and he, from his Howard, who are both deceased, were chosen assig. advanced age (72), is desirous of being removed con- from the office, the proper nees. That since their death, the petitioner has ducted the business of the bankrupt's estate. Three course is to pro dividends had been made, which exhausted all the funds received by the assignees, and there were no monies belonging to the estate, except 247. 14s. 9d. cure a new choice in the room of those who are dead, and then to apply that he may be removed. 1832. Ex parte which was in the hands of the bankers to the commission. But a question might arise, whether certain monies had not become due to the estate under the will of James Smith, by which the residuary estate of the testator was bequeathed to the bankrupt and others, but which monies or funds have not yet been received or got in, and which are involved in some questions of legal difficulty. The petitioner was 72 years of age, and being very infirm and in an ill state of health, was incapable of attending to his duties as an assignee of the said bankrupt's estate. The prayer therefore was, that the petitioner might be discharged from being such assignee, and that a meeting might be appointed for a new choice, and the costs thereof and of the application might be paid out of the fund in hand of the bankers, or any future effects of the bankrupt coming in. Mr. Hughes appeared in support of this petition, and asked for the costs, it being for the benefit of the estate, owing to the petitioner's great age, that he should be removed, and relied on an Anonymous case in 5 Maddocks (a). Sir G. ROSE.-How can you apply to remove the assignee, when there is no person on whom the estate would devolve on such removal? The proper course is, first to have the appointment of one or more assignees, in the place of those who are dead; after which the petitioner may apply for his discharge. The rest of their Honors concurred in this opinion. The petition was therefore dismissed. (a) p. 76. before ght be at liberty to go ler proof of their respective at it was in order to save the ry expense that would be presenting separate petitions institutions, that the assignees course themselves, under the reater majority of creditors who commission. A similar proceed1 of by Lord Eldon, in Ex parte h(a), though it was not on the ignees. But he really felt that it of all parties that the assignees emselves to present this petition. a) 11th February 1825. HH 2 nees. quire, or, in defa the same way an was in the hands of the bankers to the commis be discharged from being such assignee, and that a Mr. Hughes appeared in support of this petition, and asked for the costs, it beg for the benefit of the estate, owing to the petitioner's gesage, the should be removed, and relied on an Anonymous cas Ex parte ELLIS, and others.-In the matter of Sir 1832. May 30, On one petition by the assignees, ordered that the respective agents of several socie ties be allowed of their respec Commissioner, certificate or in nees. MR. MONTAGU applied on a petition presented by the assignees of the above bankrupts, that the respective treasurers and agents of several corporations, societies and institutions, namely:-County Fire Office, to tender proof Provident Institution, County Annuity Institution, tive debts before Metropolitan Bread Company, Literary Union, West but not to have London Association, Association for Encouragement of any power over Literature, British Institution, British and Foreign choice of assigUnion Club, King's College, Nova Scotia, Naval and Military Library and Museum, Laboratory Fund of the Royal Institution, Sinking Fund, Society for Bettering the Condition of the Poor, Ladies' Committee, New Society of Painters in Water Colours, Philanthropic Society, Royal Institution, and several others; part of whose funds had been deposited in the bankrupt's hands as bankers, might be at liberty to go before the Commissioner and tender proof of their respective debts. He suggested that it was in order to save the immense and unnecessary expense that would be caused to the estate by presenting separate petitions on behalf of all the above institutions, that the assignees had adopted the present course themselves, under the sanction of by far the greater majority of creditors who had proved under this commission. A similar proceeding had been approved of by Lord Eldon, in Ex parte Seymour, in re Marsh (a), though it was not on the application of the assignees. But he really felt that it was for the benefit of all parties that the assignees should be allowed themselves to present this petition. (a) 11th February 1825. |