act required a distinct stamp for each party. Exparte Wolley, July 4, 1809.

It should seem that every letter of attorney is a deed, and therefore that a seal is necessary to its validity.

It ought to be stamped before the election, and that the choice of the assignees on the day appointed cannot be affected or altered by its being stamped afterwards. It ought not to direct the attorney to vote in favour of a particular person, but he ought to have the same power and discretion as the principal and constituent himself would have, if he were present. Wilson v. Dennison, Ambler, 82.

I forbear to say more at present upon the three last questions, as they have been fully argued in the court, and are now waiting for the chancellor's judgment.

GENERAL ORDER, Sth MARCH, 1794.

THIRD PART.

Assignee a Bankrupt.

3. And I do further order, that when the assignee or assignees of any bankrupt or bankrupts shall have become bankrupt, the commissioners named in the commission or commissions against such assignee or assignees do proceed to take an account of the estate and effects of the bankrupt or bankrupts come to the hands of the assignee or assignees who shall have so become bankrupt, and of his or their assignee or assignees, or to the hands of any person or persons by their, or any of their order, or for their or any of their use, in the taking of which account the commissioners are to make to all parties all

just allowances; and I do further order, that such parts of the estate or effects of the bankrupt or bankrupts whose assignee or assignees shall have so become bankrupt, as shall be then remaining in specie, and also all books, papers, and writings in the custody or power of the said bankrupt assignee or assignees, or of his assignee or assignees, relating to the said bankrupt or bankrupts, or his or their estate or effects, be delivered over to the new assignee or assignees, if any such shall have been chosen, and the solvent assignee, or assignees if any such there be, or to the solvent assignee or assignees, if no new assignee or assignee shall have been chosen, and that such new assignee or assignees, if any such have been then chosen, and the solvent assignee or assignees, (if any such there be), or the solvent assignee or assignees only, if such new assignee or assignees shall not have been chosen be admitted creditors under the commission or commissions against such bankrupt assignee or assignees, for what shall be so found due from the estate or effects of such bankrupt assignee or assignees; and for the better taking the account before directed, all parties are to be examined upon interrogatories or otherwise, as the commissioners shall think fit, and are to produce upon oath, before the said commissioners, all books, papers, and writings, in their or any of their custody or power, relative to the said bankrupt or bankrupts, or his or their estate or effects, as the commissioners shall direct.

See the 49 Geo. 3. c. 121. s. 6. the effect of the bankrupt's certificate, who is indebted as assignee to another bankrupt's estate.

GENERAL ORDER, Sth MARCH, 1794.

FOURTH PART.

Mortgages.

4. And I do further order, that upon application to the major part of the commissioners named in any commission of bankrupt, by any person or persons claiming to be a mortgagee or mortgagees of any part of the bankrupt's estate or effects, the said commissioners shall proceed to enquire whether such person or persons is or are a mortgagee or mortgagees of any part of the bankrupt's estate or effects, and for what consideration and under what circumstances, and if the commissioners shall find such person or persons is or are a mortgagee or mortgagees of any part of the bankrupt's estate or effects, and no sufficient objection shall appear to the title of such mortgagee or mortgagees to the sum claimed by him or them, under such mortgage or mortgages, that the commissioners do then proceed to take an account of the principal, interest, and costs due upon such mortgage or mortgages, and of the rents and profits of the mortgaged premises received by such mortgagee or mortgagees, or by any other person or persons by his, their, or any of their order, or for his, their, or any of their use, in case such mortgagee or mortgagees shall have been in possession of the mortgaged premises, or of any part thereof, and that the commissioners do then cause due notice to be given in the London Gazette, and in such other of the public papers as they shall think fit, when and where the said mortgaged premises are to be sold before them, or by public auction at any other place or places, if they shall so think fit, and that such sale be made accordingly and I do further order, that all

:

proper parties do join in the conveyance or conveyances to the purchaser or purchasers, as the said commissioners shall direct; and I do further order, that the monies to arise from such sale be applied in the first place in payment of the expences attending such sale, and then in payment and satisfaction of what shall be found due to such mortgagee or mortgagees for principal, interest and costs, and that the surplus of the said monies (if any,) be paid to the assignees of the estate and effects of the said bankrupt; but in case the monies to arise from such sale shall not be sufficient to pay and satisfy what shall be so found due to such mortgagee or mortgagees, I do order that such mortgagee or mortgagees be admitted a creditor or creditors, under such commission for such deficiency; and to receive a dividend or dividends thereon out of the bankrupt's estate or effects rateably and in proportion with the rest of the creditors seeking relief under the said commission, but so as not to disturb any dividend or dividends then already made; and for the better making such inquiry, and taking such account as aforesaid, and making a title to such purchaser or purchasers, I do order that all parties be examined by the said commissioners upon interrogatories or otherwise, as the commissioners shall think fit, and do produce before the said commissioners upon oath all deeds, papers, and writings in their respective custody or power, relating to the estate or effects of the said bankrupt or bankrupts, as the commissioners shall direct.

Loughborough, C.

By the 21 Jac. 1. c. 19. all conditional estates granted by a trader before he became bankrupt, may be redeemed by the assignee of the commissioners.

That now extends to all mortgages, pledges, and all property upon which any one has a lien. See Vol. 1. p. 51.

The statute says only that the assigneee appointed by the commissioners shall redeem; the conditional grantor probably at the first, had only his choice, whether he would have his pledge or his dividend upon the whole.

mitted to prove

In the first case I find upon a mortgage in bankruptcy, Mortgagee adthe mortgagee had both a mortgage and a bond, the cre- the deficiency. ditor would then have a right to prove under the bond all that was due upon it, and that would be the deficiency of the mortgage. That has introduced the practice of allowing the proof in all cases for the deficiency upon a sale of the mortgaged premises, pledge, or lien, though there is no bond, note or other security.

The plaintiff had a mortgage and a bond for money lent, equity of redemption was mortgaged in like manner, and the second mortgagee had also a bond: the mortgagor became a bankrupt,and the first mortgagee brought a bill to have the premises sold, and if they fell short, as they did, for so much as they did, that the mortgagee might.come in as a creditor: it was so decreed, and the second mortgagee was to stand upon his bond. Wiseman. . Carbonnell, 1 Eq. Ca. Ab. 312. 1695.

Where there are a first and second mortgagee, the second mortgagee may petition the chancellor that the premises may be sold, as appears by the following case decided by Lord Hardwicke soon after he became chancellor, or he may now apply to the commissioners under the general order.

Upcot, a merchant, mortgaged lands to W. for 11501. and afterwards mortgaged the same together with other lands to Holwell, as a collateral security for 5001. due by the said U. to H. by bond, and about ten days afterwards U. was declared a bankrupt. Part of the premises were sold for 10501. and the money paid to W.