CO129-180 - Public Offices & Others - 1877 — Page 39

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deeds described in the former, embraces a large class of deeds of a very different character, and extends to "agreements' of several kinds. It is wide enough to comprise almost any written agreement, whether under seal or not, which the debtor may execute even without the consent of any of his creditors, appointing an inspector or trustee with a view of winding up or managing his affairs, although it does not convey the whole or any part of his estate,

effect a

Section 166 "cessio bonorum.” is to this effect :-" Every such deed, on being "so registered as aforesaid, shall have a memo- "randum thereof written on the face of such "deed, stating the day and the hour of the

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day at which the same was brought into the "office of the Registrar for registration." Their Lordships do not think it necessary to determine whether this last clause refers to the last class of deeds or to the class of deeds before mentioned, or to both. The expression "deed," if taken lite- rally, would not apply to a mere agreement in writing not under seal. But the material ques- tion turns on the construction of the 167th sec- tion. That section is to this effect: "From and "after the registration of every such deed or in- "strument in manner aforesaid, the debtor and "creditors, and trustees parties to such deed, who have assented thereto, or are bound thereby, shall," &c. This description appears to be applicable to the different classes of persons who are specified in section 163, that is to say, the debtor, the creditors, the trustees, and those who without having assented to the deed are bound thereby; certainly the latter expression would not apply to deeds under clanse 165. Then it proceeds,-"shall in all matters "relating to the estate and effects of such debtor "be subject to the jurisdiction of the Court, "and shall respectively have the benefit of and

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"be liable to all the provisions of this ordinance "in the same or like manner as if the debtor had "been adjudged bankrupt, and the creditors had, proved, and the trustees had been appointed *creditors assignees under such bankruptcy." In the course of the argument it has been ad- initted that the debtor under such a deed as the present is not entitled to the benefit of all the provisions in the ordinance, and that he cannot avail himself of the two contained in sections 168 and 169. The section proceeds, "And the existing or future trustees of such deod or instrument, and the "creditors under the same, shall, as between "themselves respectively, and as between them- "selves and the debtor, and against third per- "sons, have the same powers, rights, and " remedies with respect to the debtor, and his "estate and effects, and the collection and

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recovery of the same, as are possessed or may be used or exercised by assignces or "creditors with respect to the bankrupt, or "his acts, estate, or effects in bankruptcy."

have

It appears to their Lordships difficult to

could that the Legislature suppose intended to give this effect to every deed executed under the 165th clause. As before pointed out, a deed might be executed and registered under that clause, which would not pass the estate of the debtor to his trustees. If so, how could they have, with respect to that estate, all the rights to be exercised by assignees in bankruptcy? Further, it appears improbable that the Legislature should have in- tended that a mere doed, or a mere writing with- * out deed, whereby a debtor has conveyed, or has agreed to convey, any portion of his estate to any person under the name of an inspector or other- wise, without the consent of a single creditor, should have the effect of clothing that person

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