atkins case ex part butler and Purnell the assignee of edward richardson a  bankrupt December the d this matter come on again SC ante the bankrupt be  under marshal of the city of London and refuse to surrender the assignee  obtain a order for dispose of the office b agree with the assignee for the  purchase of the office at pound and on the that of October last be present to  the court of lord mayor c who approve of he and be ready to take the bankrupt  surrender but he refuse be order to be commit for his contempt and have  abscond ever since the present petition that Lord chancellor will order the  court of lord mayor c to admit b in the room of Richardson his lordship say he  can not make a order upon the lord mayor c to admit b as it be entire  discretionary in they but recommend to the lord mayor c upon the bankrupt  nonattendance by which his office be forfeit to dismiss he and admit b where  the legal interest of a copyhold be in one and the equitable in another the  court can order the trustee to surrender though cestuique trust refuse at the  time of issue of the commission Richardson as have be before state be possess  of the office of under marshal of the city of London and have refuse to  surrender or to let the assignee dispose of it for the benefit of his creditor  by a order of the d of au gust last the assignee be to be at liberty to treat  for dispose of the office and after they have agree with any person be to  propose he to the lord mayor and court of alderman for their approbation and  if they approve of he the bankrupt be order to attend they and surrender the  say office to the lord mayor and court of alderman to the end that such person  may be admit to the office in the usual manner atkins er p Mr buck accord  agree with the assignee for the purchase of the office at the price of pound  and on the that of October last be present to the court of lord mayor and  alderman who approve of he and be ready to take the bankrupt surrender but he  refuse to do two upon a application to Lord chancellor he order Richardson to  be commit for his contempt and a warrant issue accord but he thereupon abscond  and have keep out of the way ever since it be therefore pray by the present  petition that his lordship will make a order on the court of lord mayor and  alderman to admit Mr buck in the room of Richardson to the say office the  court of lord mayor and alderman do not think they be justify in admit buck  without a actual surrender of the bankrupt and therefore the principal end of  this application be that they may be safe in do it and to supply the want of a  surrender it appear that a constant personal attendance be require in this  office and that by the rule and custom of the court of lord mayor and alderman  the person who neglect or refuse to give such attendance may be total dismiss  and that in consequence thereof the court may admit any person they think fit  Lord chancellor say he be in doubt what direction he shall give for he be of  opinion that he can not make a order atkins upon the lord mayor and alderman  to admit Mr buck as it be entire discretionary in they who they will admit and  that he can not supply the want of a surrender here as in the common case of a  copyhold where perhaps the legal interest may be in one person and the  equitable interest in another by which mean the court can order the trustee  who have the legal interest to surrender though cestuique trust refuse but  here the legal and equitable interest be both in Richardson but to the end  justice may be do to the creditor he recommend it to the lord mayor and  alderman upon Richardson nonattendance by which his office be for feited and  vacate to dismiss he and to admit buck in his room upon payment of the pound  and the alienation fine to the chamber of London