STRIKE'S CASE.—1 BLAND. 77

cases in which all the other creditors of the debtor, against whom,
or whose estate the suit is brought, may come in either before or
after the decree, or at any time before the assets have been dis-
tributed, and claim a proportionable share of them. And sup-
posing the bill had alleged, that the originally suing creditors sued
as well for others as for themselves, it is said, that the right of
such others to come in could not now have been questioned. In
England it seems to be an established rule, in cases of this kind,
that the bill should distinctly allege, that the complainant insti-
tutes the suit, as well for the benefit of all others who may there-
after come in, as of himself. In this State such a qui tam allega-
tion in bills of this nature is very common, and is certainly very
proper and useful in apprising the Court, and all concerned, at
once, of the object and character of the suit. But this is the first
instance here in which such an objection, to a bill of this kind, has
ever been made, so far as I have been able to learn. In this case,
it sufficiently appears from the whole proceedings, bill, answers,
orders and decree, that this is a case in which other creditors may
come in: and therefore in this instance, and in this stage of the
case, I cannot say, that the bill Ls erroneous and deficient for the
want of such an allegation; consequently the other creditors of
Rogers may be permitted to come in and participate, notwith-
standing there is no such allegation in this bill. Martin \, Martin,
1 Ves. 214.

But it is objected, that those other creditors who, it is alleged,
have actually come in to partake, have not presented themselves
in legal and proper form, that their claims have not been suffi-
ciently authenticated and proved; and, even if these objections
were removed, that their claims are barred by the Statute of Limi-
tations. These objections will be severally considered, and also
the reply, * that such objections can only be made by the
defendants, and not, as in this instance, by a creditor or
co-plain tiff.

In England it is the established practice, after a decree to ac-
count has been obtained in a creditors' suit, to give notice by
advertisement in the Gazette, to all the other creditors, to bring in
their claims to be adjusted before the Master; (the Cane of the
Creditors of Sir C. Cox, 3 P. Will, 343;) and the mode of doing
so, is by the creditor's producing the voucher thereof with his
affidavit of the amount then remaining due. 2 Harr. Pra. Chan.
30; 2 Fow. Ex. Pra. 252; Hardcastle\. Chettle, 4 Brow C. C. 1G3.
In this State the practice is nearly the same. But in some special
cases the creditor has been allowed to bring in his claim by peti-
tion, in order that its nature and peculiar merits might be more
particularly set forth; or that he might be permitted to assume the
position of a co-plaintiff before the decree, so as to authorize him
to prosecute the suit, and to have a voice and vote in the appoint-