case ex part butler in the matter of edward richardson a bankrupt Aug the  place of under marshal of London be saleable under a commission of bankruptcy  Orderbook foe S c atk two question arise on this petition saint whether the  assignee under the commission of bankruptcy against Richardson can lie hold of  the salary and profit of the office of under marshal of the city of London  which have be grant by the Lord mayor and alderman to the bankrupt Interrog   see bene to bear about d whether the assignee can alienate the office that be  take the whole profit in the lump by anticipation Lord Hardwicke c this  practice will prove of great ill consequence to the city and trade if person  when their circumstance be fail can sell off their good and buy a place which  ambler er p require a personal attendance and then in case a commission of  bankruptcy be take out against they insist the profit of such a ambler place  be not liable to their debt this will prove a great fraud to creditor with who  money perhaps the place be purchase and therefore I will discourage it as much  as I can but that will depend on the question make at the bar I think clear  that this office be within the stat h VIII which must be take and consider  together with Eliz the latter be a explanation and extension of the former and  alter it in some respect it change the authority and give it entire to the  Lord chancellor the word of stat Elizabeth be Lord chancellor shall have power  by commission c to appoint such person c who or the most part of they shall  have power to take such order with the body c as also with all his land c and  also with his money good merchandise and debt and cause the say land c and to  make sale of the say land c and of all office good and chattel c in that part  of the statute office be first mention because it refer to stat h VIII as  incorporate in it stow opinion in his read on the statute of bankrupt that  only office of inheritance be alienable within those statute be clear wrong  and contrary to the very word of stat h VIII which mention office for life to  saint I be of opinion the commissioner may take order of the profit of this  office until certificate they vest in the assignee under the commission but it  be not to be take for grant that everything that can vest in the assignee can  be assign those general word in the statute videlicet shall take order be mean  to take in such case where the interest can not vest in the assignee suppose a  trader be make executor and residuary legatee and before his bankruptcy  collect in sufficient asset to pay the debt and legacy andthe residuum consist  of debt and mortgage they can not in law vest in the assignee because the  bankrupt take they in auter law as executor though the equitable interest will  be they I will not scruple in such case to let the assignee sue in the  bankrupt name as executor to get in the debt ambler to d be of opinion the  assignee may sell this place and take the profit by anticipation in a lump and  this case be not affect by stat Edward VI which prohibit the sale of office  which any wise touch or concern the administration or execution of justice the  present only concern the police of the city and the Lord mayor and alderman  sell it public as it appear by a copy of a order make for that purpose in now  produce in court it be say the assignee be restrain to such office as the  bankrupt can depart with that the Lord mayor c may refuse to permit a sale of  this but that will depend on the will of the Lord mayor and alderman the court  can make any order on they any more than in the case of declare the right to  the renewal of bankrupt and other lease the lessors be not bind to renew with  the party I will declare that with the consent of the Lord mayor and alderman  the bankrupt may depart with all his interest in the profit and salary of this  office and the assignee be at liberty to treat for the sale of they with a  proper person and if they agree to apply to the Lord mayor and alderman for  leave and if they approve of it the bankrupt shall attend they at their court  and surrender the office c that such person may be nominate and appoint to  succeed he and his lordship express himself with some warmth that if the  bankrupt shall refuse in any respect to conform to these direction he shall  stand commit till he do conform the office of sergeant at mace be not saleable  Lowfields case cite atk neither be the office of swear clerk in chancery  bristols case ib the halfpay of a officer in the army be not assignable  Cathcart v Blackwood   b l Bawick v read h b Flarty v odlum t r lidderdale v  duke of Montrose t r stone v lidderdale Anst but see Stuart v tinker a  gentleman pensioner become bankrupt have be order to resign to the nominee of  the assignee ex part join   b l ex part Gilbee ib and the office of take care  of the palace be assignable under the commission Schelinger v Blackesby Ves  sen belt supply so also be the office of coal meet see Treebys case the follow  note of the case of Richard Treeby be take from the Orderbook foe the bankrupt  be entitle to the residue of a lease of year from the city of London to be one  of the coal meters of the say city under ambler er p the yearly rend of pound  it be declare upon a petition present by his assignee that the interest and  benefit of say bankrupt in the say office of one of the coal meters of say  city be become vest in the petitioner and it be order that the assignee do  propose a proper person to the committee for let the land of or belong to the  say city of London to be admit to execute the say office and that so much of  the profit of the say office as remain in the hand of the treasurer to the  coal meters after deduction of the usual allowance to say bankrupt for the  time he have or shall execute the say office before another person be admit  into the same office and of all other just allowance shall be pay over to the  say petitioner see remark on the principal case by sir d Evans in his  observation on stat Elizabeth c and by Mr Eden in his treatise on the bankrupt  law page the petition state that the office have be purchase by the bankrupt  for pound twothirds of which sum be pay to the then Lord mayor and onethird to  the city that to the office be annex not only a salary of pound Payable  halfyearly but also a freedom of the say city every year worthy pound beside  other considerable perquisite that the place can not be dispose of by sale  without leave of the court of alderman the order make upon the petition be as  follow upon debate of the matter and hear say petition the order date d day of  march make in the bankruptcy of Richard Treeby on the petition of sir Geo  champion see below note and several affidavit I do order that the petitioner  the assignee of the estate and effect of the say e Richardson be at liberty to  treat with a proper person to who the say office of under marshal may be  dispose of upon the most advantageous term they can get for the same and that  the petitioner may be at liberty to propose such person to the court of Lord  mayor and alderman for their approbation and if the say court of Lord mayor  and alderman shall approve thereof I do order that the say e Richardson the  bankrupt do attend the say court of Lord mayor and alderman to the end that  such person may be admit to the say office upon such term as the court of Lord  mayor and alderman shall think proper Richardson have refuse to surrender in  favour of a Mr buck to who the assignee have agree to dispose of his office  for the sum of pound a order be obtain on the that of October for his  committal to the fleet prison on the d day of December the assignee present a  petition state that the bankrupt keep out of the way and refuse to surrender  or attend to the duty of the office and that the court of Lord mayor and  alderman exact a punctual attendance and that accord to the custom and rule of  say court the person who neglect to attend may be total dismiss and that the  say court refuse to admit Mr buck without the bankrupt surrender and that in  case bankrupt be so dismiss as aforesaid the same will be lose to the creditor  whereupon the Lord chancellor make a order as follow I do recommend to the  court of Lord mayor and alderman to take into their consideration whether the  say e b have not forfeit his office of under marshal by his nonattendance on  the duty thereof and in such case I do recommend the say court of Lord mayor  and alderman to remove the say e Richardson from his say place of under  marshal and to admit the say h buck into the say office in his room