by petition to the Chancellor sitting in Bankruptcy. (1) So, where a bill was filed against bankrupts and their assignees, questioning the validity of the commission, and praying an account, or if the commission was legal, for leave to prove what should appear to be due under the bankruptcy, it was for the same reason held bad on general demurrer. (2) And so also a bill by assignees against a Nor by bankrupt, to restrain him from further proceedings at law bill, grant to impeach the validity of the commission, was held equally tion untenable. (3) an injunc against a bankrupt. Cannot interfere in a proceeding before judge of a The Lord Chancellor has no jurisdiction to interfere in a proceeding before a judge of oyer and terminer. He cannot, therefore, upon a petition in Bankruptcy, order the solicitor to the commission to pay costs for not attending to give evidence on the trial of an indictment against the terminer. bankrupt, by reason of which the bankrupt was acquitted; the remedy being by indictment or information against the solicitor for such neglect of duty. (4) oyer and court Chancel No Prohi Neither has any other court power to review a final order No other made by the Lord Chancellor in any matter of Bankruptcy. power to And it seems that the Court of King's Bench has no autho- rescind rity to direct a Prohibition to the Chancellor sitting in the Lord Bankruptcy, though there is no express decision against the lor's order. authority of the Court to issue such writ; but as no ques- bition lies tion of the kind (as the Lord Chief Justice Abbott observed,) against has ever arisen since the institution of proceedings in bank- him. ruptcy, a period little short of 300 years, it is not a very unwarrantable inference, that no such writ of Prohibition lies. (5) In one case, indeed, before Lord Redesdale, he would not even permit costs awarded in bankruptcy to be made the subject of an action at law (6); but there is some doubt as to the correctness of this decision. (7) Lord Chancellor no power to receiver in bank ruptcy, The Lord Chancellor has no jurisdiction, upon a petition in Bankruptcy, to appoint a receiver of any part of the bankrupt's property; for, except in the case of idiots appoint a and lunatics, he has no such power, unless a cause is depending. If any person, therefore, claims an interest in the bankrupt's property, and wishes to have a receiver appointed, the proper mode is to file a short bill for that purpose. (1) Neither has the Chancellor any jurisdiction infant heir in bankruptcy to order an infant heir of a deceased asto convey. signee, to convey (as an infant trustee) the estates of the bankrupt vested in him by the decease of his ancestor; for the petition must be to the Chancellor generally, under the statute 7 Ann. c. 19., and not to him as sitting in Bankruptcy. (2) nor to order an Power to order the mes senger's and soli He has jurisdiction, however, upon a summary application in Bankruptcy, to order the assignees to pay the messenger his bill of fees and expences under the commission; citor's bills and this, notwithstanding even after a final dividend; for the to be paid; assignees must be presumed to have known that they were indebted to the messenger, and the distribution of the funds, without having previously paid him, is their own misconduct. (3) So, with respect to the solicitor's bill of fees up to the choice of assignees, the Chancellor has in that case also authority, upon petition, to make an order upon the petitioning creditor for the payment of it (4); but not in this case, if there are no assets. (5) and transfer of stock. Jurisdic tion not deter When any stock is standing in the bankrupt's name as trustee, the Lord Chancellor has, by the 77th section of the new act, power to order the assignees, or any other person, whose consent is necessary, to transfer such stock to such person as the Chancellor shall think fit. The Chancellor's jurisdiction in Bankruptcy is not determined by the superseding of the commission, as to any sedeas. act previously done under it; for whatever has been done in mined by the superthe bankruptcy may be undone by petition. Therefore a petition will lie on behalf of a purchaser of the estates put up to sale by the assignees, for the repayment of the deposit, even after the commission is superseded (1); and the Chancellor also has equal power, notwithstanding the supersedeas, to order the petitioning creditor to pay the messenger his costs before the choice of assignees. (2) So he may at any time order the production and deposit of the proceedings, which were taken under the commission before it was superseded. (3) The greatest injustice, indeed, would often result from holding, that the jurisdiction of the Lord Chancellor is confined to the period, during which the commission subsists; for then, (as the Lord Chief Justice Abbott well observed in a luminous judgment delivered by him upon this subject,) a person against whom a commission had issued, which was afterwards found not to be sustainable, and whose whole property had been taken from him by colour of it, must either bring an action at law, in which he might lose half the value for want of proof; or go through the slow process of a bill in equity for discovery and relief. A petition in bankruptcy is festinum remedium, and contributes not less to the saving of expence, than to the saving of time. The proceeding under the commission operates, by way of sudden seizure of property belonging, or supposed to belong, to a bankrupt. A process so speedy and summary, therefore, requires to be controlled by a speedy and summary course of relief. (4) In fine, the Lord Chancellor has full and perfect power to make any order whatever which he thinks necessary and expedient for the better distribution of the bankrupt's effects; and all parties concerned in the working the commission, who have either already availed themselves of any benefit resulting from it, or who have come in under it in 23. (1) Ex parte Fector, Buck. 428. (2) Ex parte Johnson, 1 G. & J. (3) Ex parte Bernal, 11 Ves. 558. Ex parte Warren, 1 Rose, 276. (4) Ex parte Cowan, 3 B. &. A. 123. Vice any way by proof, petition, or otherwise, with an intention to avail themselves of any benefit expected from it, are bound, as any party in a cause would be, to submit to any such order. The Vice-Chancellor's jurisdiction in bankruptcy is derived from the 53 Geo. 3. c. 24. by which act the office was cellor's jurisdiction. created; and under which he is empowered, by the direction of the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being, to hear and determine all matters depending in the Court of Chancery, either as a court of law or equity, or that may be incident to any ministerial office of the Court, or which are submitted to its jurisdiction, or to that of the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal. Some doubts, it seems, at first arose (1), under the construction of the act, whether the Vice-Chancellor had authority to hear a petition to supersede a commission; but it has been settled that he has such authority. (2) He may also hear a petition for the procedendo to issue, where a commission has been superseded by the Lord Chancellor's confirmation of his order for the supersedeas (3); and he may likewise certify the propriety of awarding the proce dendo, in cases where a commission has been superseded upon his certificate. (4) The appeal from the Vice-Chancellor's order is by petition to the Lord Chancellor, which must be signed by a barrister. (5) SECTION II. Of the Chancellor's Jurisdiction over those who are Strangers to the Commission. It is not very easy to reconcile some of the decisions under this head; but it is apprehended that all difficulties, (1) 2 Rose, 162. (2) 2 Rose, 255. note (a). 1 Mont. Dig. 141. (3) Ex parte Hurd, Buck, 45. (4) Ex parte Crump, Buck. 3. (5) Ex parte Holt, Buck, 429. claims under the commis sion, can brought And his own accord, as to the Chancellor's jurisdiction over strangers to the commission may be removed, by attending to a plain line of distinction that was very clearly drawn by Lord Eldon in expressing himself upon this subject. If a person Where a claims nothing under the commission, then he cannot be person brought by the assignees before the Chancellor on a pe- nothing tition in Bankruptcy, notwithstanding the assignees may allege, that he has money belonging to the bankrupt in his hands; the proper course is in such a case to bring an not be action, or file a bill, for the recovery of it. If, on the con- within the trary, he comes in of his own accord to avail himself of the jurisdicjurisdiction of the Chancellor in any matter relating to the tion, but may bankruptcy, he must then submit to it in all respects, and come in of the Court will enforce its order against him. (1) though there may be a difficulty as to the jurisdiction, when a creditor, who is a stranger to the commission, merely applies to have the commission, or the certificate, removed out of the way of his proceeding at law against the bankrupt; yet, when the creditor goes further, and prays an enquiry into circumstances impeaching the validity of the commission, with a view to supersede it; or, in case the commission should not be superseded, that there may be a new choice of assignees, and that he may be admitted to prove, it is then clear that he brings himself within the jurisdiction. (2) Whenever a party also, though by obtaina stranger to the commission, applies for and obtains any ing an order in bankruptcy, he brings himself within the jurisdiction. (3) And it seems to follow, that when he only or by petipetitions the Chancellor for any relief relating to the pro- tioning. ceedings under the bankruptcy, he, by the very circumstance of petitioning, submits himself to the jurisdiction. order, It has been determined, however, that where the mes- No jurissenger under the commission takes possession of goods, as (1) Ex parte Pease, 1 Rose, 242. 19 Ves. 25. Ex parte Hall, 1 Rose, 13. (2) Ex parte Wardenburgh, 1 Rose, 206. (3) Ex parte Bozannet, 1 Rose, 181. Ex parte Pease, ibid. 242. 19 Ves. 25. diction to order re |