becomes fuch a debt as rnay be proved, and the judgment, 
when figned, relates to tlie verdidt. 2 Black. 1317. 
Where a man undertakes to pay a lum of money for 
another, his undertaking alone will not create a debt capa¬ 
ble of being proved under a commiflion; and, it an a< 5 t. 
of bankruptcy intervenes between the undertaking and 
the actual payment, it can never be proved, and the cre¬ 
ditor can only refort to the bankrupt perfonally. But, it 
the party engaging to pay the debt of another is taken 
in execution for that debt, his impvifonment is confidered 
as a payment and fatisfadlion of the debt fufficient to give 
him a right of proving under the commiflion. Cozvp. 525. 
3 Wilf. 13. If the party engaging to fecure the debt of 
another himfelf becomes bankrupt before that debt is pay¬ 
able by the principal, the creditor cannot prove under his 
commilTion. Cowp. 460. Where a man becomes bail for 
another, it is confidered as a contingent debt. And, if 
the bail commit an adt of bankruptcy before the judg¬ 
ment, it cannot be proved under the commiilion. 2 Stra- 
1043. 3 Wilf. 262. 
The general rule as to annuities is, that where one is 
entitled to an annuity from another, which is not a rent- 
charge on land, or on a fpecific part of the grantor’s ef- 
tate, but perfonal, to be paid by him, who afterwards be¬ 
comes bankrupt, it is only a general demand on him and 
his eflate ; and there is nothing a debt on his eflate but the 
arrears of the annuity at the time of the bankruptcy, un- 
3 efs the penalty of the annuity-bond has become forfeited; 
for otherwife the payments accruing afterwards became a 
debt after the bankruptcy, and cannot be proved. But, 
tvhere there has been a forfeiture prior to the bankruptcy, 
in order to prevent the injuftice of admitting the creditor 
only to prove the arrears, and the great inconvenience that 
would enfue if the annuity fhould be received from time 
to time, as an accruing debt on the eflate, by which means 
the divifion of the elfate would be perpetual, and there 
could be no final dividend during the annuitant’s life, the 
court of Chancery puts it in another fhape of fetting a 
value on the annuity, becaufe it was only a general per¬ 
fonal demand. And, in fetting this value, conlideration 
muft be had of the time the annuitant has enjoyed it. 2 
Vez. 490. 1 Atk. 251. 2 Black. 1107. 
In cafe of an apprentice where the matter becomes bank¬ 
rupt, commidioners recommend it to the creditors to al¬ 
low him a grofs film out of the eflate for the purpofe of 
binding him to another niafter; as it would be hard to 
make him come in as a creditor under the commilTion ; but 
this, though it is equitable and juft, muft be confidered as 
an indulgence, and not a right; for the court can only or¬ 
der him to be admitted as a creditor. 1 Atk. 149, 261. A 
bond, though it be not afiignable at law, may be proved 
iinderthe commiflion by the affignee ; but the aflignor muft 
join in the depofition that he hath not received the debt or 
any part thereof, or any fecurity or fatisfadlion for the 
fame. Cooke's B. L. 
In bills of exchange, and promiftory notes, there is a 
double contract; the firft between the principal debtor and 
creditor; and alfo an implied contradt, that the principal 
debtor will indemnify the furety, fo that if the creditor, 
the indorfee, comes upon the furety of the indorfor, the 
indorfor or his aftignees may come in againfl the original 
or principal debtor. This is the cafe between principal 
and furety, and is likewife the cafe where an indorfor is 
barely a furety, and no confideration is paid by the origi¬ 
nal drawer. 1 Atk. 123. The holder of a bill of exchange 
is entitled to prove his debt under the commiflion againfl 
the drawer, aceptor, and indorfor, and to receive a divi¬ 
dend from each, upon his whole debt, provided he does 
not in the whole receive more than 20s. in the pound. 1 
Atk. 107. But in this cafe, if the creditor has adtually re¬ 
ceived part of his debt under a commiflion, he can only 
prove the remainder under another. 2 P s JVvis. 89, 407. 1 
Atk. 129. 2 Vez. 114,5. Creditors are not allowed to 
prove intereft on notes, or bills, unlefs it is exprefled in 
the body of them. But the creditor may prove the full 
R U P T. 
Ann for which the notes were given, notwithftanding he 
received 5I. percent, difcount. x Atk. 151. A child li¬ 
ving with the father and earning money for itfelf, may, if 
the lather receives that money, be admitted a creditor un¬ 
der the commiflion againfl him. 2 Vez. 6 75. 
A landlord having a legal right to diftxain goods while 
they remain on the premifes, the i filling a commiflion of 
bankrupt againfl the tenant, and the meflenger’s pofleflion 
of the tenant’s goods, will not hinder him from diftrain- 
ing for rent; for it is not fuch a cujlodia legis as an execu¬ 
tion ; and even there the law allows the landlord a year’s 
rent. And the afli'gnment of the commiflioners of the 
bankrupt’s eflate and effects is only changing the property 
of the goods, and while upon the premifes they remain 
liable to be diftrained. 1 Atk. 102. And, as a creditor af¬ 
ter proving his debt may eleCt to abide by fuch proof, or 
relinquifh it and proceed at law, fo a landlord, who is con¬ 
fidered in a higher degree than a common creditor, may 
make his eleftion to wave his proof in his diftrefs for rent. 
But particular circumftances may deprive the landlord of 
this right; as if he negledts to diftrain, and differs the 
goods to be fold by the aflignees. 1 Atk. 104. 1 Bro. C. R. 
427. And a landlord may diftrain before the end of the 
term by cuftom, as in Norfolk. 2 Term. Rep. 600. A pro- 
vifo in a leafe, that it fhall be void in cafe of the bank¬ 
ruptcy of the leffee, is valid. 2 Term Rep. 133. 
If an executor becomes bankrupt, as he aCts in auter 
droit, his bankruptcy does not take away the right of exe- 
cutorfhip ; and the legatees or creditors of the teftator can¬ 
not prove under the commiflion, unlefs the bankrupt has 
committed a dcvajlavit. But, though a bankrupt execu¬ 
tor may ftridtly be the proper hand to receive the aflets, 
yet, if his aflignees have received any of the property, the 
chancellor may appoint a receiver, with whom the aflignees 
fhall account (1 Atk. 101) ; or diredt the bankrupt him¬ 
felf to be admitted a creditor for what he may be intitlcd 
to as executor, and order the dividend to be paid into the 
bank. Cooke’s B. L. c. 6 . The effects poflefled by a bank¬ 
rupt as executor, are not liable to the aflignment of the 
commidioners. 3 Barr. 1369. Commiflioners after a man 
becomes a bankrupt compute intereft upon debts no lower 
than the date of the commiflion. And a fpecialty credi¬ 
tor cannot have intereft beyond the penalty contained in 
his fecurity; but a creditor by note carrying intereft may 
receive the full amount. 1 Atk . 79, 80. 
If a bankrupt is a factor, and goods are configned to 
him or his order, which come to his pofleflion; though 
he has the power of immediately felling them, and'taking 
the money, iu which cafe the confignor can only come as 
a general creditor upon his eflate, yet notwithftanding the 
legal property the factor had in, and power over, them, if 
they remain in fpecie in his hands, they fhall be delivered 
to the principal, who has a lien upon them as his own pro- 
pelty ; and the bankrupt only as agent and trufiee for him. 
And, even where the fadtor had fold the goods, and taken 
notes for them, it has been determined that the original 
owner had a fpecific lien upon, and was intitled to, the 
notes. 2 Vez. 586. 1 Atk. 232. 
if the aflignees mifbehave in the trufl repofed in them, 
they may be removed by petition to the chancellor. So, 
if an affignee himfelf becomes bankrupt, that will be a 
fufficient ground for his removal. 3 Atk. 97. 7 Vin. Abrc 
77. Or, if the commiflioners adt improperly at the choice 
of aflignees. When an aflignee is removed, he muft join 
with the old aflignee, and the commiflioners, in making 
an aflignment to the new affignee. The common pradtice, 
where only one afllgnee is removed, is, to make him join 
with his companion in afligning to the new aflignee, and 
to the one retained, whereby a man is made to convey to 
himfelf, which appears abfurd. The molt feafible plan 
feems for the old aflignees to convey to a third perfon, in 
trufl, that he fhould immediately re-convey to the old and 
new appointed aflignee. Cooke’s B. L. Aflignees are in the 
nature of truftees, and where they employ an agent to re¬ 
ceive or pay money, and he abufes this confidence, an aft- 
lignee 
