case drury v man survive assignee of johnson a bankrupt July the d a assignee  under a commission of bankruptcy must surrender a copyhold to a purchaser  notwithstanding the lord may exact two fine for no person can make a commonlaw  conveyance of a copyhold Johnson be possess of a copyhold estate in Nov have a  commission of bankruptcy take out against he and the commissioner by bargain  and sale convey the copyhold to the defendant and another as assignee under  the commission and their heir who enter and receive the profit the plaintiff  enter into a agreement in write for the purchase of the copy hold with a agent  of the defendant who on behalf of man agree that he as assignee shall within  two month by bargain and sale convey and assure to the plaintiff and atkins er  p his heir the copyhold estate and make a good title thereto as the plaintiff  counsel shall advice the plaintiff pay one shilling in earnest and agree to  pay upon the conveyance be make pound S more dispute arise between the  plaintiff and defendant relate to the manner and by what deed the copyhold  estate shall be convey to the plaintiff by defendant it be agree that a case  shall be state and lie before counsel for a opinion what sort of conveyance  defendant ought lawful and with safety to a purchaser to make the counsel be  of opinion that the defendant ought to be admit tenant of the copyhold and  afterward to surrender the same to the plaintiff upon which surrender the  plaintiff be to be admit and that a conveyance by indenture of bargain and  sale as propose by the defendant will not be proper or a fit conveyance  forplaintiff to rest upon the bill therefore be bring for carry the agreement  into execution and that the defendant may be compel to convey or procure the  copyhold premise to be surrender to the plaintiff the defendant insist that a  surrender be not necessary for that he have state a case as to the method of  convey the copyhold estate to the attorney general who be of opinion that  there be no occasion for the assignee first to be admit and then to surrender  to the vendee and submit to convey to the atkins use of plaintiff and his heir  by bargain and sale but hope he shall not be compel to be admit and then to  surrender to plaintiff as it will be a great expense and insist plaintiff will  be safe under such conveyance Lord chancellor I be of opinion that the  assignee under the commission must surrender the copyhold to the plaintiff  though it be very hard the lord shall exact two fine but no person can make a  commonlaw conveyance of a copyhold it must be by surrender the commissioner by  the that Elizabeth cap have no interest in bankrupt land but only a power to  convey and at first commissioner make sale to the creditor but that be find  inconvenient therefore they make general assignment to trustee to distribute  the whole the question be whether the general assignee be a vendee within the  act of parliament of the that Elizabeth and I be of opinion he be what will be  the consequence if he be not so why the assignee may continue in possession  for year before he make a sale and yet by a express provision in the act he be  restrain from receive the profit till he have compound with the lord if the  purchaser under the assignee be consider as the vendee within the statute the  assignee of a debt who take from the commissioner can not sue for the debt  therefore the assignee only can be consider as the vendee decree the defendant  to surrender the copyhold estate to the plaintiff and the cost and charge in  procure the defendant admission in order to make such surrender to be bear by  the defendant but the cost and charge of the surrender to be make by the  defendant to the plaintiff and of the plaintiff admission to be bear by the  plaintiff Reg lib a fol Lord chancellor recommend it to commissioner of  bankrupt for the future to except copyhold out of the deed of assignment of  the bankrupt estate because it will save the expense of two fine for the  commissioner where the creditor can meet with a purchaser of the copyhold may  convey to he in the first instance and though there may be occasion sometime  for temporary assignment for the better preserve the bankrupt estate yet  commissioner be not oblige by the clause in the that of the present king  relate to temporary assignment to appoint a assignee of the whole estate  because the word be in the disjunctive immediate to appoint one or more  assignee or assignee of the estate or effect or any part thereof and beside by  leave out the copyhold estate of a bankrupt in a temporary assignment the  creditor will run no risk with regard to the crown for a extent will not  effect it so that in all respect it will be advisable to omit they in  subsequent assignment he say there be several thing in the bankrupt law which  want reformation and whenever the legislature be apply to it will be very  proper they shall remedy this inconvenience with regard to copyhold estate  likewise atkins er p