2. A bankrupt has no right to his allowance, until his certificate has been confirmed by the chancellor.-Ex-parte Pavey, 2 G. & J. 358. ANNUITY.

A covenant by a husband to secure to his wife, if she should survive, an annuity, is a sufficient consideration to support a grant of an annuity from the wife's father.—Ex-parte Draycott, 2 G. & J. 283. ASSIGNEES.

Where a bill has been filed before the bankruptcy of the plaintiff, a supplemental bill may be filed by the assignees without the consent of the creditors.—Beavan v. Lèwis, 2 G. & J. 245.

ATTESTATION.

A petition which does not on the face of it appear to be by a solicitor, must be properly attested. Ex-parte Cole, 2 G. & J. 269.

BANKRUPT.

1. A bankrupt cannot, after certificate, petition to supersede because he was not a trader.-Ex-parte Lewis, 2 G. & J. 208.

2. A bankrupt who is disputing the commission at law cannot, because nonsuited, be compelled to convey.-Ex-parte Thomas, 2 G. & J. 278. 3. Where a bankrupt acquiesces, the chancellor will, upon petition, restrain him from proceeding at law to impeach the validity of the commission.-Ex-parte Leigh, 2 G. & J. 392.-Vide Ex-parte Glossop, 2 G. & J. 268.

CERTIFICATE.

1. A certificate signed by creditors before the bankrupt has passed his last examination is invalid.—Ex-parte Cusse, 2 G. & J. 327.

2. Where a bankrupt lost £40 on a wager, although he, on the same day, won more than that sum, his certificate was stayed on petition. -Ex-parte Newman, 2 G. & J. 329.

COMMISSIONERS.

Commissioners may expunge the debt of the petitioning creditor if improperly proved.-Ex-parte Neal, 2 G. & J. 308.

COMMITMENT.

1. Where a bankrupt is committed without a protection, the assignee may lodge a detainer against him, between the time of his applying to be examined and his examination.-Ex-parte Weight, 2 G. & J. 202. 2. A warrant stating that various questions had been proposed to the bankrupt, and amongst others the following &c.," is defective.— Lawrence's Case, 2 G. & J. 209.

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3. A warrant referring to documents not set forth, so that the judge has not the same information which the commissioners possessed, is defective. Price's Case, 2 G. & J. 211.

4. The omission of a previous examination does not vitiate a commitment upon a distinct ground.-Atkinson's Case, 2 G. & J. 218. COSTS.

The costs of a petition for his certificate, presented by a bankrupt after the petition day, will not be allowed.-Ex-parte Birch, 2 G. & J. 206. DESCRIPTION.

1. A commission omitting to describe the bankrupt as of the place at

which he had been chiefly known as a trader is bad.-Ex-parte Parrey, 2 G. & J. 225.

2. He must be described as of the place where he actually traded.Ex-parte Beadles, 2 G. & J. 243.

ELECTION.

1. A creditor may prove on a bill for part of the debt, and proceed at law for a bill for the remainder, which he had negociated before the bankrupty, and taken up after the proof.-Ex-parte Sly, 2 G. & J. 163. 2. A creditor having proved will be restrained from issuing execution against the property in the hands of the assignees.-Ex-parte Bernasconi, 2 G. & J. 381.

3. A creditor cannot proceed at law upon one of two bills for goods, due and dishonoured before proof on the other, but returned after proof.-Ex-parte Schlesinger, 2 G. & J. 392.

EQUITABLE MORTGAGE.

1. An equitable mortgagee is entitled to the rents and profits from the time of presenting his petition for a sale.-Ex-parte Bignold, 2 G.& J.273. But see Ex-parte Alexander, 2 G. & J. 275.

EVIDENCE.

It is not necessary to put in the proceedings as evidence where there is no notice to dispute the commission.-Beavan v. Lewis, G. & J. 245. GUARANTEE.

A partner may give a guarantee for his partners in a matter relating to the partnership.-Ex-parte Nolte, 2 G. & J. 295.

INTEREST.

A separate creditor is not entitled to interest out of the surplus until the joint-creditors have been paid in full.-Ex-parte Minchin, 2 G. & J. 287.

JUDGMENT BY NIL DICIT.

Bill does not lie to set aside a judgment by nil dicit: the remedy is by petition. Mitchell v. Knott, 2 G. & J. 293.

JURISDICTION.

1. Whether the chancellor has jurisdiction to enforce payment from the petitioning creditor of a forfeiture for compounding with the bankrupt.-Vide Ex-parte Dimmock & Ex-parte Marshall, 2 G. & J. 262-265.

2. The court has no jurisdiction against an execution creditor who has not proved.-Ex-parte Botcherly, 2 G. & J. 367.

3. The vice-chancellor cannot, without consent, advance a petition to be heard before the day for hearing fixed by the lord chancellor.— Ex-parte Charlton, 2 G. & J. 390.

LIEN.

Where a London banker and a country banker became bankrupt, and the former was in possession of short bills and a mortgage, deposited with him as security against his acceptances, of such of which as were outstanding, the assignees of the country banker did not relieve his estate: held, that the holders of such acceptances were

entitled to have the proceeds of the bills and mortgage applied, in preference, to the liquidation of their demands.-Ex-parte Waring, 2 G. & J. 403.

PARTNERSHIP.

1. Where different firms are engaged in a joint adventure, the creditors, in respect of the adventure, may prove against the joint estates of the minor partnerships.-Ex-parte Nolte, 2 G. & J. 295.

2. A solvent partner cannot prove against the separate estate of his copartners, upon indemnifying the joint estate against partnership debts.-Ex-parte Moore, 2 G. & J. 166.

3. He cannot prove until all the joint debts are paid.-Ex-parte Ellis, 2 G. & J. 312.

PETITIONING CREDITOR.

1. Where a bankrupt's assets are greater than his debts, and the creditors who have proved consent to the supersedeas, the petitioning creditor may receive his debt in full, without subjecting himself to the penalty for compounding under 6 Geo. IV. c. 16. s. 8.- Ex-parte Smith, 2 G. & J. 291.

2. The deposition of the petitioning creditor, at the opening of the commission, does not entitle him to vote in the choice of assignees.-Exparte Rawson, 2 G. & J. 353.

PRACTICE.

1. A petition in bankruptcy is not vitiated by being entitled "In Chancery."-Ex-parte Hudson, 2 G. & J. 228.

2. Where commissioners refuse to find a person a bankrupt, the court will not allow the commission to be resealed, and directed to other commissioners.-Ex-parte Nicholls, 2 G. & J. 266.

3. Where a commission fails through the mistake, either in law or fact, of the original petitioning creditor, the costs of a petition to substitute the debt of another creditor upon which the commission may proceed, are to be paid out of the estate otherwise if in consequence of misconduct or fraud.—Ex-parte Cousins, 2 G. & J. 270. 4. Where a petition is ordered to stand over until after a trial, there need not be a new petition for further directions.-Ex-parte Window, 2 G. & J. 280.

5. Where the petitioner does not appear, the respondent is entitled to his costs, upon producing the office copy of the petitioner's affidavit of service.-Ex-parte Garth, 2 G. & J. 392.

6. The husband must join in a docket by a feme coverte upon a debt due to her en autre droit.—Ex-parte Mogg, 2 G. & J. 397.

PROOF.

1. Where it was agreed, upon a loan to the bankrupt, that six months' notice should be given before repayment was required; the debt is proveable, though no notice be given before the bankruptcy.—Exparte Dowman, 2 G. & J. 241.

2. A sum covenanted to be paid by the husband when demanded by the trnstees, if demanded before the bankruptcy, is proveable.-Ex-parte -Brenchley, 2 G. & J. 174.

3. A seller in France of contraband goods may prove, unless he participate in smuggling them.-Ex-parte Cavaliere, 2 G. & J. 227.

4. Proof cannot be made by one person on behalf of several creditors.Ex-parte the Bank of England, 2 G. & J. 363.

SECURITY.

1. A security for a separate demand does not extend to partnership claims.-Ex-parte Freen and Morrice, 2 G. & J. 246.

2. The interest of partners, where the estate was purchased out of the joint property, and mortgaged for a joint debt, is a joint security.— Ex-parte Free, 2 G. & J. 250.

3. The proprietor of bills improperly applied in reducing the balance between his bankers in the country and their London agents, is entitled to be indemnified from surplus security held by the latter.-Exparte Armitstead, 2 G. & J. 371.

STATUTE OF LIMITATIONS.

1. After a commission has issued, debts not before barred, are not affected by lapse of time.-Ex-parte Ross, 2 G. & J. 330.

SUPERSEDEAS.

1. A bankrupt cannot, after certificate, petition to supersede because he was not a trader.-Ex-parte Lewis, 2 G. & J. 208.

2. A commission will not be superseded, even with consent of creditors, until the bankrupt has surrendered.-Ex-parte Peaker, 2G. & J. 337. 3. A joint commission may be superseded as to one of the bankrupts, without prejudice to its validity with regard to the other.-Ex-parte Bygrave, 2 G. & J. 391.

TAXATION.

1. The master's taxation of a solicitor's bill under 5 Geo. 2. c. 30. s. 46. is not conclusive until he has signed his certificate.-Ex-parte Neale, 2 G. & J. 226.

2. A petition to tax a solicitor's bill, after payment, must set out some objectionable items.-Ex-parte Beresford, 2 G. & J. 259.

TRADING.

A devisee for life, who converts the soil into bricks, is not a trader.Ex-parte Burgess, 2 G. & J. 183.

TRUSTEE.

A new trustee may be appointed under 6 Geo. 4. c. 16. s. 79. without reference to the master.-Exparte Inkersole, 2 G. & J. 230.

It was our wish, from the first, to include in the Digest all King's Bench and Common Pleas Reports from the beginning of Michaelmas Term last. On the publication, however, of the last Numbers of Bingham, and Moore and Payne, we were under the necessity of departing from the plan, or of including two Numbers of each of the Common Pleas Reports in the present Number, which, at that time, we were not aware that we could do. Those Numbers, therefore, were omitted, and, with any others that may appear in the interim, will be given in our next.

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ABSTRACT OF PUBLIC GENERAL STATUTES.

N. B.-We have given the titles of all statutes passed in the present session and in print at the present time; and have fully abstracted those which from the nature and importance of the subject matter require particular notice. June 14, 1828.

CAP. 1.—An Act for applying a Sum of Money for the Service of the Year One thousand eight hundred and twenty-eight.

[19th February 1828.] CAP. 2.-An Act for raising the Sum of Twelve Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and twenty-eight. [19th February 1828.]

CAP. 3.-An Act for the regulating of his Majesty's Royal Marine Forces while on Shore. [21st March 1828.]

CAP. 4. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. [21st March 1228.]

Cap. 5.—An Act for continuing to his Majesty for One Year certain Duties on Personal Estates, Offices, and Pensions in England, for the service of the Year One thousand eight hundred and twentyeight. [26th March 1828.] CAP. 6.-An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and twenty-nine. [26th March 1828.]

CAP. 7.-An Act to continue for One Year, and from thence to the End of the then next Session of Parliament, so much of certain Acts of the Parliament of Ireland, as relate to the lighting, cleansing, and watching of which no particular Provision is made by any Act of Parliament. [26th March 1828.]

CAP. 8.-An Act for fixing, until the Twenty-fifth Day of March One thousand eight hundred and twenty-nine, the Rates of Subsistence to be paid to Innkeepers and others on quartering Soldiers.

[3d April 1828.] CAP. 9.-An Act to enable the Justices of the Peace for Westminster to hold their Sessions of the Peace during Term and the Sitting of the Court of King's Bench. [3d April 1828.] The justices of the peace for the city and liberties of Westminster, may hold their sessions during term and the sitting of the court of