case smith versus cook July S who be tenant in tail of the estate in question  let we a lease of it in to the plaintiff his son who be to enjoy it at the  rend of pound per and the father be a insolvent debtor and in October be  discharge under Geo the bill be bring against the defendant for a account of  profit and of timber fall the plaintiff entitle to such account from the time  only of the father discharge for they can have no right till their title to  the estate accrue the father of the defendant who be tenant in tail of the  estate in question the estate be limit to the father for life remainder to the  wife for life remainder to the heir of their body remainder to the father in  fee thus it be state in the register book but in all probability this  statement be wrong for by the above limitation the husband and wife will have  have a joint estate tail subsequent to the estate for life give to each and in  order to bar this joint estate tail it will have be necessary for the wife as  well as the husband to have join in a fine or have be vouch in a common  recovery the assignee therefore under the Geo can not be entitle to such a  estate tail because to give a title to they the insolvent debtor shall I  apprehend be seize of a estate tail which he can alone bar by fine or recovery  neither can such joint estate tail be convey by commissioner in a bankruptcy  by virtue of the stat James c let we a lease of it in to his son who be to  enjoy it at the rend of pound per annum and who covenant to maintain his  mother and to pay the land tax the father be a insolvent debtor be cite by one  of his creditor to deliver in a schedule of his estate and effect accord foe  the form of the act of parliament in the that year of George the second and in  October the father of the defendant be discharge under this act the bill be  bring against the defendant for a account of profit and of timber fall Lord  chancellor I be of opinion the plaintiff be entitle to it from the time of the  discharge of the father the insolvent debtor but not before for they can have  no right till their title to the estate accrue which be not till October  atkins as to the lease in no body can say it be make fraudulent either upon  the act of parliament or against this particular set of creditor for the make  the son covenant to pay the landtax be not a unreasonable thing nor be the  covenant so to maintain the mother who appear to be a lunatic and want such  care and support and therefore upon the foot of the father contract I be of  opinion the plaintiff be not entitle to a account from the time the son enter  into possession by virtueof this lease but the material question be whether  this estate vest in the assignee of the insolvent debtor by virtue of the  compulsory clause in this act the defendant insist that as his father be cite  in by a creditor and do not himself claim the benefit of the act the  estatetail do not vest in the assignee I be of opinion it do vest in the  assignee equal as if the insolvent debtor have claim it himself and if I have  any doubt will have make a case for the opinion of the judge but I have none  it be a most just clause and almost a reproach to former act of parliament  that it be not insert in they before this a debtor will lie in gaol four or  five year and waste his substance and if his conscience will digest it by his  oath get discharge under a act for relief of insolvent debtor the creditor bad  no remedy can not go to a justice of peace and desire the debtor may deliver  up his effect and let he be discharge upon so do atkins er p whether the  clause in this act be so pen as to obtain that end be another consideration  the general word in the first clause take in estate tail the great objection  arise on the word in the d clause whereas it may happen that several person  who may claim and be entitle to the benefit of this act be seize of a estate  tail in any freehold or copyhold land c be it enact that in every such case  such person or person so seize as aforesaid and who shall be entitle unto and  claim the benefit of this act shall to all intent and purpose whatsoever in  law be deem and take and be and be hereby declare to be seize of such land in  feesimple atkins it have be say that this clause relate to estatestail be  confine to such person as may claim or be entitle to the benefit of this act  and that the claim be by the voluntary petition of the debtor himself the  foundation for the relief give by this act be that it will be no prejudice to  a three person for whatever property a man have which he can by any conveyance  dispose of it be but just his creditor shall have the benefit as of a  estatetail for instance by a recovery and therefore the legislature think it  just that a estatetail shall be for their benefit where be the difference if a  creditor be obstinate and think fit to lie in gaol and not apply for the  benefit of the act and his creditor apply for he and whereas several person  who be prisoner for debt choose rather to continue in prison and spend their  substance there than discover and deliver up to their creditor their estate  and effect in order to the satisfaction of their just debt c such prisoner  shall before the justice at the quarter session at the desire of one or more  of his creditor be oblige to deliver in u on oath and subscribe the like  schedule of his estate and effect to be vest assign and equal divide for the  benefit of his creditor c clause the that what be the meaning of deliver up  why that he shall make a schedule of his estate and effect it be say for the  defendant that the act mean he shall deliver up in like form but I be of  opinion the act do not mean he shall deliver up in like form but in substance  the same then to what intent to be vest assign and equal divide suppose the  insolvent person be seize of a remainder in tail reversion in fee in himself  with a estate for life in a stranger he will be oblige to insert this in his  schedule if this be not to be the construction the act will do more hurt than  good and it ought to be expunge in the next aet atkins upon the whole of this  clause I be of opinion the intent of the act be to make the remedy to the  creditor equal and coextensive for the word though short be relative to all  former description under other act the statute relate to bankruptcy be all  compulsory there be no reason in point of justice to exempt debtor under these  act of parliament but they ought to be equal compulsory it will make strange  work to say there be any difference between creditor and if any such prisoner  so bring up as aforesaid shall neglect or refuse to deliver in and subscribe  such schedule within sixty day he she or they so neglect or refuse shall upon  conviction thereof be adjudge guilty of felony and shall the last part of the  that clause such prisoner so bring up as aforesaid be the person claim and  entitle to the benefit of this act upon the whole of this clause the intention  be to make debtor estate liable in the one case just as they will have be in  the other if a debtor claim the benefit of this act after his discharge it be  equal within the meaning as if he have claim a part ante his discharge and may  as proper be say to claim and be entitle I be of opinion clear the assignee be  entitle to the remainder in tail the next question be whether he have a right  to a account of timber fall as he be entitle to the estate consequent he be  entitle to the timber but then it be say they must take their remedy at law  after the estate of the lessee be determine and a new lessee be in possession  a person suffer death as a felon without benefit of clergy atkins er p mere  for a account of timber fall by way of wrong can not comeinto a court of  equity jesus college v bloom ante atk but where the person continue in  possession and consequent in a condition of commit more waste there a person  be proper to come into equity for a injunction to stay waste and though the  plaintiff have not actual move for a injunction they atkins may reserve that  relief till the hear of the cause if they think proper and I be of opinion it  be incident to their estate and they be entitle to a account for such waste  there be a great many case where a remainderman in tail or a reversioner in  fee may come into this court to have the title deed secure for their benefit  though a estate for life be stand out vide ivy v ivy ante atk vol Pyncent v  Pyncent post atk and I do not see why the plaintiff here may not as well come  into this court to pray a sale of the estate and it have be do under  commission of bankruptcy upon the whole I be of opinion the plaintiff be  proper in their remedy and proper in their right and declare that the  plaintiff as assignee of the estate and effect of John cook under the that of  the present king for the relief of insolvent debtor be entitle by virtue of  that act to have the remainder of the estate in question which be vest in John  cook to be apply towards payment of the debt of the creditor but the defendant  John cook the old son and heir of John cook the insolvent debtor now present  in court offer to pay off all such debt of his father as remain due and  unsatisfy together with the cost of the execution of the trust I order that it  be refer to master Holford to take a account of all the debt at and before the  time of his discharge and of the plaintiff expense in the execution of the  trust and to tax their cost of this suit and all the creditor be to come in  before the master and prove their debt within a time to be limit for that  purpose or in default thereof they be to be exclude the benefit of this decree  and I decree that the defendant John cook do pursuant to his submission pay to  the plaintiff the surplus of what shall be find due for such debt which shall  not be satisfy by the application of the estate and effect of John cook  together with what shall be find due to the plaintiff for the expense of the  execution of the trust and for their cost of this suit and u on such payment I  do order that the plaintiff convey all their estate right title and interest  in the premise in question to such person as shall be appoint by the defendant  John cook and this decree to be without prejudice to any question that may  arise between the defendant John cook as issue in tail c or heir at law of his  father and the representative of his father personal estate Reg lib b foe