case ex part John de SAUSMEREZ henry brock Matthew de SAUSMEREZ in the matter  of William dobree a bankrupt November the d a application that the allowance  of the certificate may be stay on the that of April last a commission of  bankruptcy issue against William dobree who be declare a bankrupt the  petitioner and diverse other of his creditor live in Guernsey and from time to  time before he become a bankrupt remit to he several large sum of money in  order to be invest in the fund in England in their name since the issue of the  commission the petitioner have discover that William dobree do not invest the  money in the fund in their name though he write they word from time to time  atkins that he have so do and remit to they the interest as it become due  atkins er p the debt of the bankrupt amount to pound and the debt of the  creditor who have sign his certificate to pound S d Peter dobree nephew of the  bankrupt prove debt under the commission amount to pound S d in different  right part on his own account part as executor of Nicholas dobree part as  guardian of Peter dobree another part as guardian to rakehell Carey dobree  another as guardian to mary dobree another as one of the executor of Martha  Carey and another as father of Judith dobree he choose himself and two other  person assignee and on the that of may last the very day the bankrupt finish  his examination the certificate be sign Peter dobree sign the certificate in  right of other person four time have prove debt in so many different right as  guardian and executor to such person there be but of the creditor of wm dobree  who prove their debt under the commission beside Peter dobree and if he shall  be consider but as one creditor there will not be four part in five in number  and value of the creditor who have prove their debt under the say commission  that have sign the certificate the great part beside of the bankrupt creditor  can not possible prove their debt at the time appoint for his last examination  by reason that they do not know whether the money they have remit to the  bankrupt have be lie out in stock in their name or in the bankrupt in wm  dobree the bankrupt give upon the marriage of his niece miss de Hairland to  his nephew Thomas dobree pound as a marriage portion at a time when he be  insolvent the major part of the creditor who have sign the certificate be near  relate to the bankrupt for these reason the petitioner pray that the allowance  of the bankrupt certificate may be stay the second petition ex part John de  Sausmarez and several other creditor of William dobree state that some short  time before the commission issue dobree forgive two of his nephew pound which  they owe he and transfer diverse stock to the amount of pound and upward to  several of his creditor without their direction in expectation of receive  favour of they in case a commission issue and pray the matter of this petition  may come on to be hear at the time of the former petition and that the  bankrupt certificate may be disallow the counsel for the petitioner insist  that a executor and guardian can sign a certificate Lord chancellor as to this  be of opinion that executor may sign but that a person who have a debt in his  own right and another debt as executor can not as he apprehend sign a  certificate in two distinct right for both be to be consider as his own  particular debt atkins the counsel for the petitioner likewise observe that  till they have send over to England they do not find out the fraud of the  bankrupt in dispose of their stock for his own benefit and that the assignee  never once think proper to appoint any meeting from the month of may till  August so that these creditor have no opportunity of prove their debt which  amount to pound and instead of four part in five in number and value there be  not one four part have sign the certificate that by give a fortune of pound to  his niece at a time he be insolvent he seem to be within the meaning of the  clause of the Geo where a bankrupt be except from the benefit of this act who  have or shall for or upon marriage of any of his child have give advance or  pay above the value of one hundred pound unless he shall prove by his book  fair keep or otherwise upon his oath before the major part of the commissioner  that he have at the time thereof over and above the value so give advance or  pay remain in good ware debt ready money or other estate real and personal  sufficient oh pay and satisfy unto each and every person to who he be any way  indebt their full and entire debt Mr attorney general for the bankrupt insist  this be not within the intention of the act of parliament and be go to give  his reason when Lord chancellor interrupt he by say it certain be not and as  it be a penal clause it ought to be construe strict and confine to the child  of a bankrupt and not to extend any further Mr attorney general then observe  upon other part of the case that though the debt be considerable yet the  deficiency will not be so for there have be a dividend atkins er p already of  eleven shilling in the pound and that there will be enough in the whole to pay  three four of this large sum of pound that there be no objection to the  reality of any creditor debt who have sign the certificate that the great part  of the person in who name the petition be present have by attorney sign the  bankrupt certificate and know nothing of this application and particular one  burgess who as appear by affidavit be now upon a voyage to Newfoundland and  that upon application to his wife for leave to make her husband a party to the  petition she positive refuse to give her consent so that the certificate have  be stay from August to this time by false suggestion and allegation Lord  chancellor I shall not go upon any particular nicety in determine the question  which have be make upon these petition the bankrupt in general seem to have  behave very fair though at the same time I can acquit he in the matter of the  stock after receive express direction from his correspondent at Guernsey to  purchase the stock in their name and yet take upon he to buy it in his own and  then write word that he have purchase it in their name but be this as it will  I must atkins not be induce to make a precedent which in my apprehension will  be a reproach to the justice of this court the most of the bankrupt  transaction and the large of his debt be in Guernsey which though part of the  dominion of the crown of great Britain be at a great distance from hence and  yet notwithstanding the commission be take out in April only the certificate  be sign on the that of may after such precipitation in a matter of this kind  be very improper I will put the case that these creditor in Guernsey have hear  of this bankruptcy still they can not come in as creditor till they have first  direct a search in the book of the respective company to see in what manner  the stock be purchase whether in their own name or the bankrupt the creditor  who have sign the certificate and have prove debt to the amount of pound be in  number eleven but then only seven of they have sign for themselves and in  their own right for Mr dobree the nephew have sign four time as guardian and  executor and the debt of the Guernsey creditor be pound the admit such a  certificate as this will be turn the edge of the law against creditor in  favour of bankrupt which be not to be suffer in a commercial country all  certificate former be refer to the judge but the great seal find this rather  inconvenient have of late take the cognizance of it upon themselves and they  must exercise this power in a discreet and equitable manner Lord chancellor  stay the allowance of the certificate in re earl of Litchfield atkins er  report date case in the matter of the earl of Litchfield and sir John williams  December the rd Lord Litchfield and sir John William be assignee under a  commission of bank rupt the latter entrust one Gurdon the clerk of the  commission to receive some of the effect of the bankrupt and to pay some of  the debt and dividend no fraud appear in the assignee but the cleric afterward  fail the question upon petition be if the assignee shall make up the clerk  deficiency to the creditor Lord chancellor the rule of equity in relation to  necessary act do by trustee where trustee shall not be Accountable for loss  which happen from those necessary act hold not as to person employ by the  trustee but only to the trustee themselves atkins where assignee under a  commission of bankrupt employ a agent to receive money or pay and he abuse  this confidence I will not lie it down as a general rule but at present I be  at a loss to distinguish such assignee from any other trustee who if his agent  deceive he respondent superior to the beneficiary and trust so in the present  case as one of the assignee employ the clerk of the commission a person of  very little credit to pay dividend who misapply and imbezzilled the money this  assignee will be liable to make it good to the creditor as he do not consult  the body of the creditor who be his beneficiary and trust in the appointment  of this agent for what be the chief consideration of creditor in the choice of  assignee certain the ability of the person that they may be responsible for  the sum they may receive from the bankrupt estate by virtue of their  assigneeship but the negligence one assignee atkins er p shall not hurt  another joint assignee where he be not at all privy to any private and  personal agreement enter into by his brother assignee but this I can proper  determine now for all the court can do in a summary way under a commission of  bankrupt be in transaction only between the creditor and the assignee but can  upon petition adjust any demand that one assignee may set up against another  concern a private agreement between themselves independent of the rest of the  creditor the money imbezzilled by the clerk of the commission be pound his  bill of fee and disbursement deliver in by he before his death be order to be  tax by the commissioner and the residue to be apply towards satisfaction of  the imbezzil mean and sir John William the representative of the decease  assignee to pay in pound or whatever the sum may be into the bank to be add to  the residue of gurdon money after taxation so as together they may be  sufficient to make up the imbezzilment of Gurdon