SUPERSEDEAS. 1. A supersedeas with the consent of nine-tenths of the creditors was allowed, though the commissioners' certificate did not state what proportion the creditors assenting bore to those who proved.—Erp, Hinton, M. & A. 361. 2. On a bankrupt's petition to supersede, depositions of the trading and act of bankruptcy may be read in Court, so as to give him an opportunity of answering them.—Exp. Lavender, D. & C. 486. SURETY. The petitioning creditor issued the fiat on a debt of 7007., the greater part of which having been contracted during the bankrupt's minority, and not for necessaries, the debt was reduced below 100%., and was therefore insufficient to support the fiat. The petitioning creditor had also accepted bills for the accommodation of the bankrupt, which having been indorsed by the bankrupt to A., A. proved them under the fiat. The petitioning creditor subsequently paid these bills. Held, that on indemnifying A., and on presenting a petition in the name of A., the petitioning creditor was entitled, under 6 Geo. 4, c. 16, ss. 18 and 52, as a surety paying the debt, to substitute the debt so proved on the bills by A. for the original petitioning creditor's debt, so as to support the fiat.—Exp. Rogers, D. & C. 638. TRUST. A sum of money was payable under a will-to the bankrupt for life, remainder to his children; and the trustees (of whom the bankrupt was one) were empowered to lend the principal to the bankrupt firm, which they did: Held, that the dividend on a proof against the firm should be invested in stock, the interest on which was to accumulate until the principal sum was made good. (Mitford v. Mitford, 9 Ves. 100.)— Exp. King, Dea. 143. UNCLAIMED DIVIDENDS. The interest made by the investment of unclaimed dividends, does not belong to the general estate, but is divisible among the creditors claiming the hitherto unclaimed dividends.-Exp. Renshaw, D. & C. 483. VIVA VOCE EXAMINATION. 1. Where a petitioner files no affidavits in support of his petition, but two days before the day of hearing serves notice to examine witnesses on the respondent, resident twenty miles from London, the Court refused the application of the respondent to postpone the hearing, so as to procure witnesses in answer, till after petitioner's witnesses were examined.— Exp. Lavender, M. & A. 485. 2. On the consent of all parties, a vivá voce examination will be ordered in any stage of the proceedings. If affidavits have been filed on both sides, (in the absence of consent,) the Court will first hear the affidavits read, and then, if it thinks fit, will order a vivá voce examination. If one party has not relied on affidavits, he, on a proper case made by motion and affidavit, may obtain such examination. — Exp. Dugard, D. & C. 521. 3. Semble, that a petitioner, who is also assignee, and is proposed to be examined as a witness by the respondents, is excepted from the general rule for excluding witnesses during vivá voce examinations.—Exp. Dugard, D. & C. 524. WAGES. Under the 6 Gen. 4, c. 16, s. 48, it is not requisite to prove a hiring for a year certain, but it must be something more than a mere hiring by the week.—Exp. Collier, D. & C. 520. WIFE OF BANKRUPT. 1. The wife of a bankrupt has a right to a reasonable provision out of the property which she brought her husband on her marriage; and the Court of Review has jurisdiction, on petition in bankruptcy, to order the assignees to make such provision for her, whether the property consists of real or personal estate. (See Oswell v. Probert, 2 Ves. 680.)—ExpThompson, Dea. 90. 2. An allowance of 2001. a year, out of a net income of 2251. a year, was deemed excessive, and reduced to 175l. per annum.-S. C. WITNESS. When the drawer of a bill accepted by the bankrupt, but which he had indorsed over, and which was not yet proved against the estate, swore to a deposition in support of the fiat, stating himself therein not to be a creditor: Held, that his deposition could not be rejected on the ground of his being a creditor.-Exp. Lavender, D. & C. 437. Agar v. Blethyn, 2 C., M. & R. 699; 1 Tyr. & G. 160 Allen v. Perring, 5 N. & M. 374 Amner v. Clark, 2 C., M. & R. 468 Bankruptcy, 1 Practice, 21 Husband and wife, 1 Arbitration, 2 Bill of Exchange, 4 Husband and Wife, 2 Frauds, Statute of, 2 Writ of Trial Act, 1 Attorney-General v. Greaves, 2 C., M. & R. 669; 1 Tyr. & G. 484 Customs Acts, 1 Prisoner, 2 Affidavit, 3 Baxter v. Clarke, 2 C. M. & R. 734; 1 Tyr. & G. 133 Beaumont v. Dean, 4 D. P. C. 354 Bees v. Williams, 2 C., M. & R. 581; 1 Tyr. & G. 23 Landlord & Tenant, 4 Boond v. Woodall, 2 C., M. & R. 601; 1 Tyr. & G. 11; 4 D. P. C. 351 Buxton v. Spires, 2 C., M. & R. 601; 1 Tyr. & G. 74; 4 D. P. C. 365 Connop v. Holmes, 2 C., M. & R. 719; 1 Tyr. & G. 85; 4 D. P. C. 431 Bill of Exchange, 7 Cousins v. Paddon, 2 C., M. & R. 547; 5 Tyr. 535; 4 D. P. C. 488. Pleading, 6, 7 Cox v. Crease v. Barrett, 2 C., M. & R. 738; 1 Tyr. & G. 112 Creevy v. Carr, 7 C. & P. 64 .. Cumpston v. Haigh, 2 Bing. N. C. 449 Davies v. Acocks, 2 C., M. & R. 461 Pleading, 15; Practice, 20 Costs, 10 Libel, 3 Lien Insolvent v. Lloyd, 1 Tyr. & G. 28; 4 D. P. C. 478 Derosne v. Fairie, C., M. & R. 476; 5 Tyr. 393 Dobell v. Hutchinson, 5 N. & M. 251 Writ of Trial Act, 2 Auction; Frauds, Statute of, 1 Doe d. Boydell v. Gillett, 2 C., M. & R. 579; 1 Tyr. & G. 114 Insolyent, 2 Edwards v. Johnson, 5 N. & M. 281 Higgs v. Terry, 5 N. & M. 556 Preedy v. Holton, 5 N. & M. 391 Protheroe v. Roe, 4 D. P. C. 385 Robins v. Warwick Canal Company, 2 Bing. N. C. 483 Strode v. Seaton, 2 C., M. & R. 728; 1 Tyr. & G. 19 Devise, 1 Overseers, 2 Devise, 2 Ejectment, 2 Act of Par liament, 3 Devise, 4 Practice, 11 Ejectment, 1 Estoppel; Evidence, 2 Landlord and Tenant, 3; Stamp, 3 Admission Adverse Possession, 1; Evidence, 1 Duckworth v. Fogg, 2 C., M. & R. 736; 4 D. P. C. 396 Godson v. Freeman, 2 C., M. & R. 585; 1 Tyr. & G. 35 Goodricke v. Turley, 2 C., M. & R. 636, 637, 694; 1 Tyr. & G. 146, 149; 4 Howell v. Bowers, 2 C., M. & R. 621; 1 Tyr. & G. 88; 4 D. P. C. 386 Hughes v. Hughes, 2 C., M. & R. 663; 1 Tyr. & G. 4 Slander Ferry; Master and Servant, 2 James v. Salter, 2 Bing. N. C. 505 Jenkins v. Harvey, 2 C., M. & R. 393 Johnson v. Kennedy, 4 D. P. C. 345 Jones v. Palmer, 4 D. P. C. 446 Jourdain v. Johnson, 2 C., M. & R. 564; 5 Tyr. 524 Kirk v. Clark, 4 D. P. C. 363 Knight's bail, 4 D. P. C. 388 Lancaster v. Hemmington, 5 N. & M. 538 Lazarus v. Levaux, 4 D. P. C. 353 Lees v. Kendall, 5 N. & M. 340 Leigh v. Leigh, 2 Bing. N. C. 464 Limitations, Statute of Port duty Practice, 9 Practice, 16 Pleading, 8, 9 Interpleader Act, 5 Bail, 4 Arbitration, 1 Bail, 9 Costs, 3 Writ of Right, 1 Lester v. Lazarus, 2 C., M. & R. 665; 1 Tyr. & G. 129; 4 D. P. C. 397, 445 v. Newton, 2 C., M. & R. 732; 1 Tyr. & G. 72; 4 D. P. C. 355 v. Wells, 7 C. & P. 221 Lord, in re, 2 Scott, 131 v. Hope, 5 Ty. 487 Process, 2 Practice, 23 Attorney, 6 Practice, 6 Lowe v. Attorney-General, (in the Exchequer Chamber), 2 C., M. & R. 544 Lysons v. Barrow, 2 Bing. N, C. 486 Customs' Act, 2 Executor and Administrator, 4 |