landlord's right to distrain and prove under the commission remained just as they were before. Where the tenant was in arrear, and the landlord dis- No len upon goods re. trained, the tenant replevied, and entered into a replevin plevied. bond with two sureties to the sheriff, who became bankrupts; the tenant also became a bankrupt. The plaintiff, the landlord, obtained a judgment in the cause in replevin, and sued out a writ de retorno habendo. The assignees of the bankrupt had possessed themselves of the goods distrained. It was decided both in the court of King's Bench, and in the court of Chancery, that the landlord had no lien upon the goods distrained. Bradyll v. Ball, 1 Bro. 427. 1785. the premises signees. The assignees of a bankrupt advertised the lease of Assent to take certain premises to be sold, of which the bankrupt was by the aslessee; but there being no bidders they never took possession. Lord Kenyon and the court held that this was not an assent to take the premises by which they were bound. Turner v. Richardson, 7 East. 335. The tenant of a house became bankrupt in January; the assignee said if he did not let it by Lady-day he would give it up at Lady-day he paid the rent and offered to give up the key. Lord Kenyon held at nisi prius that though he might have refused it at first, yet he could not take it in part, and afterwards reject it when he found it would not answer, and he could not let it. Broome v. Robinson, nisi prius; 1800. cited in Turner v. Richardson. It was decided that an action of debt could no oe maintained against a bankrupt for rent, which accrued after the bankruptcy. Wadham v. Marlow, 1 Hen. Bl. 437. 1784. But it was decided first of all by the Common Pleas, There cannot be an action against the assignees for use and occupation. that the tenant, a bankrupt, was liable to an action of covenant for rent accruing due before the bankruptcy, notwithstanding the landlord had received rent from the assignee, and the bankrupt had obtained his certificate. Mills v. Auriol, 1 Hen. Bl. 433. 1790. This was afterwards confirmed by the court of King's Bench upon a writ of error. 4 T. R. 94. 1790. These decisions no doubt produced the 19th of the 49 Geo. 3. c. 121. Lediard, the bankrupt, rented premises at the rent of 701. a year; he occupied the premises for a certain part of the year and became a bankrupt: the defendants, who were his assignees, then entered into possession, and continued in the occupation of them for the rest of the year. Mrs. Naish, the lessor, brought an action against the assignees for use and occupation, and the declaration stated that the defendants were indebted to the plaintiff in the sum of seventy pounds, for the use and occupa. tion of two counting houses, &c. before that time used, occupied, possessed and enjoyed, as well by one Thomas Lediard, whose term and estate therein the defendants afterwards had, as by the defendants, at their special instance and request. Upon the question being argued before the court of Common Pleas, whether the plaintiff could recover in this action; Chief Justice Eyre delivered the judgment of the court, at the conclusion of which he observed: "In the case now under consideration, the plaintiff must be left to such other remedy as she may be advised to pursue: she cannot recover in an action for use and occupation, without proof of the use and occupation alledged; and if she can recover at all in this form of action, against one man for use and occupation by another, (as to which we give no opinion,) it must be upon the ground of that occupation having been permitted at his request, and that request must be proved." "The consequence is a nonsuit must be entered, and the postea delivered to the defendants." Naish v. Tatlock, 2 Hen. Bl. 320. C. B. 1794. Such a request therefore never can be proved against the assignees. When the tenant becomes bankrupt in the midst of a If the assignees take the lease, or the remainder of the term, they would, I should think, be bound to pay rent to the landlord for the whole half year, or year since the last half year. rent day. If they decline to take the lease, or the remainder of the term, then the lease or term is not affected by the bank ruptcy; but the bankrupt is still personally liable, and he too would be entitled to the benefit of all the covenants as against the lessor. The year or half year upon which rent is due cannot be split or apportioned. If the assignees take the lease they must pay the whole of the rent of that year or half a year; if they do not take it then the bankrupt will be liable, as if no bankruptcy had occurred. See p. 661. ante, my observations upon an executory contract. This statute only provides that the bankrupt shall not be liable for rent, where the assignees accept the lease; but if they refuse entirely to accept the lease, then it continues with the bankrupt, and he will be liable for the rent. There is only an application to be made to the chan cellor when the assignees will not decide. The chancellor ought to have had a power of ordering the assignees to give up the lease to the landlord in every How the landlord must proceed to obtain the lease. case when they do not accept it, for otherwise the land lord will have a bankrupt for his tenant, whose property the assignees may at any time seize till he obtains his cer tificate. If the landlord wishes to prevent a lease from being left in the hands of the bankrupt, he ought to offer the assignees one or two guineas or some material sum, and then if they will not convey it to him, he may petition the chancellor that they should accept the lease, and if no one will advance more that it may be assigned to him. That I should think the chancellor might have done before this statute. In general' the bankrupt may be sued and may sue upon covenants notwithstanding his bankruptcy. But in a case where there were two partners in business as apothecaries, and one became a bankrupt; he afterwards filed a bill against the solvent partner to account for the profits according to the covenants in the articles of partnership. Sir William Grant held that by the bankruptcy the partnership and all the covenants became void, and dismissed the bill. Unfortunately this important case is not reported. Pidcock v. Kilby. 52 Geo. III. c. 144. 1812. AN ACT TO SUSPEND AND FINALLY VACATE THE SEATY WHEREAS it is highly necessary, for the preservation of the dignity and independence of parliament, that' members of the house of commons of the united king dom, who become bankrupts, and do not pay their debts seats of mem tain cases of in full, shall not retain their seats: be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that, from and after the passing of this act, whenever a commission of bank- Declaring ruptcy shall issue and be awarded against any person bers to be being a member of the house of commons, and he shall vacant in cerbe found and declared a bankrupt under the same, such bankruptcy: member shall be and shall remain during twelve calendar months from the time of the issuing thereof, utterly incapable of sitting and voting in the said house of commons, unless within the said period such commission shall be superseded, or unless within the same period the creditors of such member of the house of commons proving their debts under the commission of bankruptcy shall be paid or satisfied to the full amount of their debts, under the said commission: provided always, that such of the debts, if any, as shall be disputed by such bankrupt, if he shall, within the time aforesaid, enter into a bond or bonds, in such sum or sums, with two sufficient sureties to be approved by the commissioners under the said commission of bankruptcy, or the major part of them, to pay such sum or sums of money as shall be recovered in any action, suit, or other proceeding in law or equity, concerning such debt or debts, together with such costs as shall be given in the same, shall be considered for the purposes of this act as paid or satisfied. speaker to for the elec II. And be it further enacted by the authority afore- And the said, that if the said commission shall not within twelve issue his writ calendar months from the issuing thereof be superseded, nor the debts satisfied in manner aforesaid, then the com- ther member. missioners, or the major part of them named in such commission, shall and they are hereby required, immediately |