Ex parte TIPLADY and others. In the matter of
DICKENSON.

EX PARTE John Tiplady, Linen Merchant, and
James Barry, Linen Merchant (the assignees chosen by
the creditors); Samuel Smith, John Smith, George Smith,
Abel Smith, Samuel George Smith, and George Robert
Smith, bankers; Lesley Alexander and William Bardgett,
linen merchants; William Fickney, black merchant;
Thomas Scales, George Scales the younger, and George
Scales the younger, warehousemen; Mary Ann Gile,
Irish factor; Edward Fletcher, merchant; George
Denton and John Wilson, woollen factors; James Justus
Deacon, James William Deacon, and Charles Deacon,
factors; William Atkinson, dyer; Edward Grainger
and Joseph Powell, woollen warehousemen; William
Cooper, warehouseman; George Paton, esquire; James
Murray and Richard Stacey, linen factors; Anthony
Stratton and John Henry Secretan, warehousemen ;
Thomas Bedford Gummersall, bill broker; Joseph Broom-
head Grieves, merchant; William Bailey, porter; John
Rogers, hosier; John Spital Miller and George Miller,
Scotch factors; John Stutlard, warehouseman; Robert
Wilson and William Eyre, factors; John Crocker, gen-
tleman; Thomas Hanson and John Tiplady, factors;
George Pears and Edward Hall, bill brokers; Bartho-
lomew Jefferey, merchant; John Merrules, Alexander
Pirie, William Reed, Alexander Banneman, and Patrick
Pine the younger, merchants; James Spencer and William
Spencer, factors; John Scarborough, warehouseman ;
Henry Wilkinson, warehouseman; John Walkden, and
John Walkden the younger, warehousemen; James
Tucker and John Tucker, cloth pressers; Richard
VOL. I

M

C. R.

Jan. 23, 24,

1834.

1834.

Ex parte TIPLADY and others. In the matter

of DICKENSON.

The Court has
jurisdiction to
revise the allow.
ance made by a
commissioner
to an official

Ashby, builder; Richard Ashby and John Reddall, builders; James Standiwicke, commission agent; and Job Wright and Thomas Wright, merchants.-In the matter of Dickenson.

This was a petition praying that the amount of the allowance made by the commissioner to an official assignee might be reduced. The petition stated that a fiat issued against Dickenson on the 13th of February last, assignee; but, it and Edward Edwards was appointed official assignee, seems, will only and the petitioners Tiplady and Barry were chosen creditors' assignees :

exercise it in

extreme cases.

In this case interference re

That the debts proved under the fiat by creditors in fused, Cross, J., London did not exceed 21,2307., and the debts proved by the petitioners amounted to 20,8737. 16s. 3d.:

dissentiente.

That the trade in which Dickenson was engaged previous to and at the time of the bankruptcy was that of a warehouseman and factor:

That at the time of the bankruptcy the property of Dickenson consisted of cash and bills in his possession to the amount of 7147. 8s. 2d.; of stock in trade to the amount of 10,5671. 78.; of a lease and fixtures of a house in Milk-street worth about 1,500l.; of certain mining shares worth about 8007., and sundry debts, considered good, to the amount of 7,015l.:

That immediately upon the appointment of Edwards as official assignee (on the said 19th of February last) the sum of 7147. 88. 2d. in cash and bills belonging to the bankrupt's estate, in hand at the time of issuing the fiat, was paid to Edwards:

That shortly afterwards the petitioners Tiplady and Barry sold the bankrupt's stock to two persons for sums amounting together to 10,5677. 7s.; viz. one part of the stock to Messrs. Caldecott and Company for 7,5531. 11s. 8d., and the residue to Messrs. Morley for

8,0137. 15s. 4d.; which sums were paid to Edwards by cheques upon London bankers as follow; viz.—

Morley

1834.

Ex parte TIPLADY and others.

1833, March 23d, Caldecott

£5,000 0 0

In the matter

of

10th, Caldecott

DICKENSON.

2,000 0 0

350 0 0

27th, ditto

June 1st,

That Tiplady and Barry sold the lease and fixtures of the bankrupt's house in Milk-street for 10,4157., which was paid to Edwards on the 30th of May last, in one sum, by the purchaser's cheque on Messrs. Ladbrooke and Co. bankers:

That Barry sold the mining shares for 850%., and certain other effects for 167. 19s., and paid the two lastmentioned sums to Edwards on the 19th of April last, in one sum, by a cheque on Messrs. Smith, Payne, and Company, bankers, for 8661. 19s. :

That between the 19th of February and the 18th of June last Edwards received sundry debts and other sums of money on account of the bankrupt's estate, amounting together to 4,6277. 11s. 6d., the whole or nearly the whole of which was paid to Edwards, or his clerk, at his own office at Pancras Lane:

That the aforesaid sums of money amount altogether to 18,250l. 9s. 2d., which was all received by Edwards before the 18th of June last, and was the whole amount produced in cash up to that time from the property of the bankrupt.

That, out of the sum of 850l. paid for the mining shares, Edwards paid 5741. Os. 4d. for which the shares were pledged by the bankrupt before his bankruptcy, but that Edwards charged a commission to the bankrupt's estate upon the whole of the 8501.:

1834.

Ex parte TIPLADY and others.

In the matter of

DICKENSON.

That such of the book debts due to the bankrupt as required any trouble and exertion in the collection were outstanding, and not received by Edwards up to the 18th of June last:

That for his trouble up to the 18th of June last, when a dividend was declared, Edwards charged the sum of 4887. 17s. 2d.:

That the particulars of such charge were as follow; viz.

Examining books and accounts

On collection of debts under 1007., five per

£10 10 0

cent. on 4,4121. 5s. 3d. received in cash 220 12 Ditto, do. above 1007. and not exceeding

2

One per cent. above, on 14,9147. 10s. 7d. 149 3 0
On number of creditors who proved, 1s.

That exclusively of the sum of 4881. 17s. 2d. there was paid out of the estate to Messrs. Parrinton and company, auctioneers and accountants, for their services relating to the stock and the disposal thereof, the sum of 981. 10s. 3d., and that the sum of 4887. 17s. 2d. was exclusive of the 991. 7s. 10d. paid out of the estate for fees and compensation fund up to the 18th of June last, and of 101. 7s. 6d. for petty charges:

That to such sum of 4881. 17s. 2d. the petitioners Tiplady and Barry objected to the commissioner:

That notwithstanding such objection the commissioner was pleased to allow Edwards the whole of the sum of 4881. 17s. 2d.

The petition prayed that the sum of 488l. 17s. 2d. might not be allowed to Edwards, but that such sum might be allowed as to the Court might seem proper, and that the costs of and incidental to the application might be paid out of the estate.

In reply to this petition the official assignee made the following affidavit :

That at the issuing of the fiat there were 403 parties or firms (or thereabouts) indebted to the estate of the bankrupt in various sums, of which 345, or thereabouts, paid the amounts on or before the 18th of January, in consequence of the great exertions used by deponent to collect and get in the debts:

That 101 paid upon or after the first application; 150 upon or after the second; 53 upon or after the third; 35 upon or after the fourth; and 6 upon or after the fifth application :

That with the view of collecting as much as possible before the 18th of January, being the day appointed for a first dividend, he made special applications, in many instances alluding expressly to the day appointed for the dividend, and particularly requesting payment in order that the amount applied for might be included in the amount to be divided :

That had it not been for the great exertions which he so used, and by which he succeeded in obtaining payment from the 345 debtors, or thereabouts, a comparatively small number and amount of the debts would have been collected previous to the dividend meeting: That, in addition to the applications to the debtors which were successful, he had applied to 58 other par

1834.

Ex parte TIPLADY and others.

In the matter

of DICKENSON.