case ex part butler and Purnell the assignee of edward richardson a bankrupt  August the d SC Amb post the bankrupt in purchase the office of the under  marshal of the city of London for pound a salary annex to it of pound Payable  half yearly and a freedom of the say city worth annual lie pound Richardson  effect not amount to S in the pound hisassignees apply to the lord mayor and  court of alderman for liberty to sell the bankrupt office but he be present in  court and refuse to consent they declare that they can not alienate it without  his consent the present application that this office may be forthwith sell and  that the lord mayor c may be indemnified in accept such alienation on atkins  er p the assignee pay the usual alienation fine the Lord chancellor of opinion  that assignee may sell this office of under marshal and that it be not within  the statute of Edward as it do not concern the administration of justice  Edward Richardson in and for some year before follow the business of a  victualler in the city of London and have acquire some money and borrow more  in September atkins purchase the office of the under marshal of the say city  for pound two three of which be pay to the then lord mayor and the other three  to the say city to the office be annex not only a yearly salary of pound  Payable half yearly out of the chamber of the city but also a freedom of the  say city every year worth pound and considerable perquisite beside on the adof  April a commission of bankruptcy issue against he there be not sufficient to  pay S in the pound from the effect in the hand of the assignee and therefore  they apply to the lord mayor and court of alderman for liberty for they to  sell the bankrupt office but he be present in that court and ask if he will  consent to such sale absolute refuse to do it whereupon the court of alderman  declare that they can not alienate it without the bankrupt consent the  petitioner apprehend the interest of the say office be vest in they and that  as he may have sell on the usual alienation fine insist they as stand in his  place have a right to sell the same for the benefit of the creditor without  the bankrupt consent and therefore pray that the office of under marshal may  be forthwith sell for the benefit of his creditor and that the lord mayor and  court of alderman may be indemnified in accept of such alienation on the  petitioner pay into the chamber of the city of London the usual alienation  fine at the time of Richardson admission it be express in the appointment that  he shall have hold exercise and enjoy the say office with all fee thereunto  belong so long as he shall well and honest use and behave himself therein the  business of the under marshal be for himself and his man diligent to attend  the street and carry all such vagrant person as they shall find within the  city and liberty to Bridewell or otherwise to give punishment to they accord  to law he be likewise to see that the scavenger in every ware cause the street  and lane to be duly sweep and pave and that the raker of the ware carry away  the soil it be also require of he that he shall ride or go abroad in the night  time twice in every week at least to see the watch duly keep there be other  duty belong to his office of the like kind but the before mention be the most  material the principal question be whether the place of under marshal be a  office that concern the administration of justice and whether by the statute  of the Edward c it be or be not lawful to sell such a office if it be a office  which fall within the description of the above statute then the counsel for  the bankrupt insist it can be sell because by the statute if a officer concern  the administration of justice or king treasure castle c sell or take any pro  atkins mouse or assurance to have any money or profit for any office or  deputation he shall forfeit his office and the contract shall be void and the  buyer or promiser c shall be disable to hold the say office the counsel for  the bankrupt likewise cite the case of William Lowfield who in in  consideration of the sum of pound be by the lord mayor and court of alderman  of the city of London admit to the office of a sergeant at mace to hold  Interrog  see bene to bear about the duly of his office be to execute the writ  and process direct to the sheriff of London and no salary but what he get by  the execution of such process William Lowfield become a bankrupt the assignee  petition Lord chancellor king to have his place sell for the benefit of his  creditor and on the that of April the matter of the petition come on when his  lordship be please to declare that the place be not saleable as it concern the  execution of justice and therefore dismiss the assignee petition the place of  Mr Bristol one of the swear clerk of the six clerk office who be discharge  from his imprisonment by the late act for the relief of insolvent debtor be  hold not saleable N B it appear by the affidavit which be read in the petition  that pound c V atkins er p only of the creditor money have be lie out by the  bankrupt in the purchase of the say office Lord chancellor this be a matter of  very great consequence for when a man be likely to become bankrupt he may sell  all his stock in trade and effect and invest the produce in one of these  saleable office and in that manner cheat his creditor there be two question  which natural arise saint whether this office be of such a nature that the  creditor can lie hold of the salary belong to it dly whether the creditor be  bind to wait for these profit as they accrue or may sell they by anticipation  I be of opinion that this be clear a office within the meaning of the pound  Henry c and Elizabeth c the word of the preamble to the first act be where  diverse and sundry person crafty obtain into their hand great substance of  other man good do sudden flee to part unknown or keep their house not mind to  pay or restore to any their creditor their debt and duty but at their own will  and consume the sub stance obtain by credit of other man for their own  pleasure and delicate live against all reason equity and good conscience be it  therefore enact that the Lord chancellor of England or keeper of the great  seal the Lord treasurer the Lord precedent Lord privy seal and other of the  king most honourable privycouncil the chief justice of either bench for the  lime be or three of they at the least upon every complaint make to they in  write by any party grieve shall have power and authority by virtue of this act  to lake by their discretion such order and direction as well with the body of  such offender as with their land tenement fee annuity and office which they  have in feesimple fee tail term of life term of year or in the right of their  wife as much as the interest atkins right and title oh f the say offender  shall extend to be and may then lawful be depart with and to cause the say  land c and office to be appraise and sell for satisfaction and payment of the  say creditor the statute of the Elizabeth begin with a recital of the former  act forasmuch as notwithstanding the statute make against bankrupt in the that  year of the reign of our sovereign lord king Henry VIII those kind of person  have and do still increase into great and excessive number and be like more to  do if some better provision be not make for the repression of they be it enact  that the Lord chancellor or the Lord keeper for the time be upon every  complaint make to he in write against such person be bankrupt as be before  define shall have full power by commission under the great seal to appoint  discreet person who shall take by their discretion such order c with the body  of such person c and also with his land c and cause the say land office c to  be appraise and sell this be a explanation of the former act and change the  jurisdiction by vest it in the Lord chancellor or Lord keeper only the  consideration of the former act be take up and be as it be incorporate into  this the most remarkable part be cause the say land and office c to be  appraise and sell and notwithstanding stone and billinghurst in their read on  these act say that only office of inheritance be within the meaning of these  word yet I be of opinion this construction be contrary to the express word of  the act for term of year relate direct to office not in land only but all  other office be this a office for life it certain be for a office Interrog   see bene to bear about have always be hold to be a office for life and as they  express it in the Scotch law it be what a person hold or per vine or offense  it have be admit at the bar that if the bankrupt shall not obtain his  certificate that the moment he receive any profit from his office it vest in  his assignee but it be not therefore to be take for grant that every thing  which do not immediate vest in the assignee be not liable to the creditor  under a commission of bankruptcy I will put you a case in which I shall not  scruple to consider a bankrupt as a trustee for creditor suppose a tradesman  be under a will make executor and residuary legatee and before his bankruptcy  collect in enough of the testator effect to pay debt and particular legacy and  the remainder of the asset stand out in mortgage the assignee will not in law  be entitle to get it in because the bankrupt have it in atkins er p auter law  as executor and yet if he refuse I shall certain be of opinion the assignee  under the commission notwithstanding the legal interest be not vest in they  atkins may by the aid of this court get in this part of the asset in the name  of the executor and will direct accord I think clear therefore that the  assignee may in this case by anticipation sell the office of the under marshal  of the city of London and that it be not within the statute of Edward which  concern the execution of justice and for this reason not like Lowfields case  that do plain concern the execution of justice and if it have come before I I  shall certain have make the same order as Lord chancellor king do that the  petition shall stand dismiss the office of under marshal do not concern the  execution of justice but only the police of the city of London and there have  be lie before I several instance of act of common council for the sale of this  office another objection have be start by reason of the word of the act which  restrain it to such a property as a bankrupt may depart withal because this  must be do by the leave and intervention of the lord mayor and court of  alderman this be only a medium though to be sure I have no authority to make a  order on the lord mayor and court of alderman compel they to accept of a sale  but what I shall direct here be like the common case of renewal of lease I can  make dean and chapter c grant lease and yet such order be every day experience  and the same likewise with regard to lord of manor in copyhold case his  lordship direct that the assignee of Edward Richardson shall agree with a  person to sell his office and then propose such person to the lord mayor and  court of alderman as a purchaser and if they approve of such purchaser the  bankrupt be to attend the lord mayor and court of alderman and to surrender  his office to they to the end the purchaser may be admit thereto and the money  arise from the sale of the office be to be apply for the benefit of the  creditor and if the bankrupt refuse to comply with this order his lordship  declare he will commit he to the fleet till he think proper to comply N B Lord  chancellor in argue this case say that if a officer in the army shall become a  bankrupt he shall have no doubt but he have a power to lie his hand upon his  pay for the benefit of his creditor contra Cathcart v Blackwood cook b law  Flarty v odlum durn east Lidderdales v Montrose durn east