case ex part Robson Lincoln inn hall that July queen whether the court will  order the counterpart of a assignment of a bankrupt estate to be enrol on a  affidavit that the original be lose order book Vol page petition which come on  among the cause by order to have the counterpart of a assignment of bankrupt  estate enrol as the original deed upon a affidavit that the original be lose  Lord Hardwicke chancellor this court can only enrol the thing that appear  unless where the roll of the proceed in the court be destroy or lose in which  case the court will order other to be make but that be because they be the act  of the court to enrol a counterpart for safe custody as a original deed be go  too far such enrolment will be evidence of itself and will deprive the other  party from enter into and controvert the circumstance at the trial which it  will be otherwise necessary to prove as that there be such a deed and it be  lose in salk a case be cite where in a special verdict a deed be find with  prout to stand open by the counterpart the evidence which be lie before the  court will be good evidence of the existence and loss of the deed at a trial  let the petition stand over till after a trial be have and it be see whether  the party can make out his title and prevail without such enrolment the  petition come on first on the saint of June when it be order to stand over to  the next day of petition order book Vol p it come on again on the saint of  December and be then order to stand over till after easter term next Vol p and  it last come on when the order be make as above on the that of August ambler  er p vol p on neither of the above occasion when the petition stand over do  the order state any reason for its so stand over the petition state that on  the that of July a commission issue against James hide and he be duly declare  a bankrupt by the commissioner and that the petitioner Robson and one John  crisp be choose assignee that on the that of July the major part of the  commissioner execute a assignment of the bankrupt estate and effect to the  petitioner and crisp and sign a memorandum thereof which be file among the  proceed under the commission and that at the same time the petitioner and  crisp execute a counterpart of the say assignment that crisp live at Southwark  and the petitioner at Dartford the assignment be deliver to crisp in order for  he to collect in the debt due to the estate that he receive several sum of  money under and by virtue of the say assignment and that the petitioner and  crisp as assignee commence two suit in chancery one of which be compromise and  in the other a decree be make after the death of crisp in favour of the  petitioner that crisp die on the that of August that though a strict and  diligent search have be make among his paper and write for the say assignment  yet the same can not be find and that three of the commissioner name in the  commission be dead and that the bankrupt be also dead that one of the survive  commissioner have at the request of the petitioner execute a duplicate of the  say assignment which be engross from the say counterpart execute by the  petitioner and the say John crisp and leave in the hand of the say  commissioner and the other survive commissioner be also Willing to execute the  say duplicate the petition then pray in regard that it appear not only by the  say memorandum sign by the say commissioner but also by the affidavit of  Edward Morse gentleman and other that the say assignment be execute by the say  commissioner that his lordship will order that the assignment of the say  bankrupt estate and effect which be make and execute by the say commission and  by the petitioner and crisp may be enter of record by the counterpart or by  the duplicate thereof and that the say commission together with the style and  title of the proceed of the commissioner act under the same the memorandum of  the say commissioner take the usual oath the several deposition of Ann chamber  John crisp and Edward Morse the say commissioner declaration and adjudication  of the act of bankruptcy the memorandum of the choice of the petitioner and of  the say crisp to be assignee and their acceptance of the trust thereof the  memorandum of the say commissioner have execute the assignment of the bankrupt  estate and effect to the petitioner and crisp and the memorandum empower the  assignee to commence action or suit at law or in equity and the say affidavit  may also be enter of record pursuant to the act of parliament in that case  make and provide on hear the say petition read and what be allege by the  counsel for the petitioner and for the survive commissioner it be order that  the counterpart of the assignment of the bankrupt estate and effect make and  execute by b c decease b S and W n decease be enter on record pursuant to the  act of parliament in that case make and provide and the general order of this  court and as to the rest of the petition it be order in the term as pray by  the petition