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any or either of such matters, may be waived by the defendant, or if made known to and proved to the satisfaction of the Court, at the time required by the summons for the appearance of the defendant, shall be deemed and taken to be a good objection to requiring the defendant to state whether or not he admits the demand sworn to by the plaintiff, or any part thereof; and in such case, if such want of compliance be not waived, the defendant shall be entitled to his discharge from the summons, and a memorandum of such discharge shall be endorsed on the summons.

XXXIV. Every application to enlarge the time for calling on the defendant to state whether or not he admits the demand or any part thereof, or for entering into a bond, with sureties, shall be supported by affidavit.

XXXV. Before any defendant shall be allowed to enter into a bond, with sureties, according to the provisions of the said act, he shall give to the plaintiff, or his attorney, a notice in writing, signed by the defendant, or his attorney, of the defendant's intention so to proceed.

XXXVI. Such notice of sureties shall be accompanied with a true copy of the affidavit of sufficiency, which affidavit shall be in the following form, viz :

"In the Court of Bankruptcy, London, (or " in the Court of Bankruptcy for the District") “ Between

and “ A. B. of in the, &c., and C. D. of, &c. (adding their place of residence respectively, according to the particulars set forth in Rule 21), severally make oath and say: and, first, the said A. B. for himself saith, that he is one of the proposed sureties for the abovenamed defendant, and that he the said A. B. resides at aforesaid, and that he is worth property to the amount of £ over and above what will pay and satisfy all his just debts and incumbrances: [that he is not surety in any manner for the abovenamed defendant, or any other person, except on the present occasion] (or, if he is surety on any other occasion, substitute for the words between the brackets the following, and every other sum for which he is now surety'); that his, the said A. B.'s property, to the amount aforesaid, consists of (here specify the nature and value of the property according to the circumstances of the case as follows) stock in trade in his business of a carried on by him at of the value of ; of good

; or

book debts owing to him to the amount of

; of furniture in his house at of the value of ; of a free hold (or “ leasehold') farm of the value of situated at

occupied by : or of a dwelling-house of the value of situated at

, occupied by of other property, particularizing each description of property, with the value thereof. And the said A. B. further saith, that for the last six months he has resided at aforesaid (or, if he has resided at several places, then say at the following places,' particularizing them according to the form of describing places directed by Rule 21). And the abovenamed deponent C. D., for himself saith, that (here pursue the same form as with respect to the former surety).

XXXVII. The amount of property so sworn to shall be the sum demanded, fractional parts of a pound excepted, and one-fourth more.

XXXVIII. The plaintiff shall be at liberty, within four days after service of notice of sureties, to except to the proposed sureties or either of them, by delivering a written notice to the defendant or bis attorney, to the effect generally that he excepts to such surety (or sureties, as the case

may be),

XXXIX. Two days after the service of such notice of exception, the defendant or his attorney shall attend at eleven o'clock in the forenoon in open court, with the bond duly stamped, and with an affidavit by the subscribing witness of the execution of such bond ; and the plaintiff or his attorney shall be at liberty to oppose the sureties or either of them, upon affidavit, or on the ground of any defect appearing on the face of the proceedings.

XL. The bond shall be taken in a penal sum, to be the amount of double the sum demanded, and shall be executed by the defendant and both shreties to the plaintiff, and the form of the condition shall be as follows :

“Whereas the said (plaintiff) and one C. D., by their affidavit, sworn and filed in the Court of Bankruptcy (or, “in the District Court of Bankruptcy at "), on the

184 , according to an act passed in the session of parliament holden in the fifth and six years of the reign of Queen Victoria, intituled, &c., severally deposed as followsthat is to say, the deponent (plaintiff) for himself said (here set forth the affidavit for summons); and whereas the said

day of

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Court did, upon the filing of such affidavit, issue a summons according to the said act, which was duly served on the said (defendant) on the day of

in the year 184 : and whereas the said (defendant) upon his appearance to the said summons (or “at an enlargement or adjournment of the said summons," as the case may be), refused to admit such demand, and made no deposition, according to the said act, that he believed he had a good defence to such demand (or "signed an admission for part only of such demand, viz., the sum of

, and did not make a deposition, according to the said act, that he believed he had a good defence to the residue of such demand"); and whereas the said (defendant) has requested the said (sureties), as sureties for him, to join him in the present obligation, conditioned as hereinafter appearing, to which they have consented; and the said (defendant) has given notice thereof to the said (plaintiff): * [and whereas the said plaintiff hath brought an action at law for recovery of the said demand (or “of the residue of the said demand," as the case may be)] : now the condition of the above-written obligation is such, that if the said (defendant), his executors or administrators, shall pay

such sum or sums to the said (plaintiff), his executors, administrators, or assigns, as shall be recovered in [the said action, or] any (other) action which [may have been brought, or) shall hereafter be brought for the recovery of the said demand (or “ the said residue of the said demand,” as the case may be], together with such costs as shall be given in the same; then the present obligation shall be void, otherwise it shall be and remain in full force and virtue."

XLI. Where no notice of exception is served, the defendant or his attorney shall attend in open court on the sixth day after the service of notice of sureties, at eleven o'clock in the forenoon, with the bond and affidavit of execution aforesaid, and also with an affidavit of the service of notice of sureties, and an office copy of the affidavit of sufficiency.

XLII. All affidavits used in Court shall be filed.

XLIII. In all cases in which any particular number of days is above described, or shall be mentioned in any of these rules and orders, or any other rule or order of Court, for the doing of any act, the same shall be reckoned, in the absence

• If no action be brought, omit the parts between the brackets.

f

VOL. III.

of any expression to the contrary, exclusive of the first and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Chrismas-day, Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusive of that day also.

XLIV. Any writ of attachment, or other writ issued by a Subdivision Court, or Court authorized to act in the prosecution of any fiat in bankruptcy, on an order of such Court, for the non-payment of costs, on the deputy registrar's allocatur, shall be sealed with the seal of the Court of Bankruptcy by the chief registrar of such Court in Basinghall-street.

XLV. Printed copies of these rules shall be supplied by the Lord Chancellor's secretary of bankrupts to the several Courts authorized to act in the prosecution of fiats in bankruptcy in London, and in the several districts in the country, and to the chief registrar of the Court of Bankruptcy in Basinghall-street; and one copy shall be be pasted up in some conspicuous place in every such Court, and in the office of the chief registrar.

C. F. WILLIAMS,
J. H, MERIVALE,
Joshua Evans,
John S. M. FONBLANQUE, Commissioners.
R. G. C. FANE,
Edward HOLROYD,
HENRY J. STEPHEN,
EDMUND Robt. DANIELL,

Approved,

LYNDHURST, C.

OFFICIAL ASSIGNEES. ORDER made by the Right Hon. John Singleton,

Lord Lyndhurst, Lord High Chancellor of Great Britain, relating to Official Assignees under the provisions of the Statute passed in the Parliament holden in the 5th and 6th Years of the reign of Her present Majesty, intituled An Act for the Amendment of

the Law of Bankruptcy."--November 12, 1842. It is ordered as follows, that is to say,

I. That each official assignee appointed, to act as official assignee in bankruptcies prosecuted in the country, shall find security to the like amount, and be subject to the same rules in relation thereto, as the official assignees appointed to act in bankruptcies prosecuted in the city of London.

II. That each official assignee, appointed to act as such in bankruptcies prosecuted in the country, shall be subject to the like prohibition not to carry on any trade or business, or hold or be engaged in any office or employment other than his said office and employment of official assignee, as the official assignees appointed to act in bankruptcies prosecuted in the city of London.

III. That until further order, the commissioner in the country shall appoint his official assignees to act in rotation under the several bankruptcies prosecuted before him, unless, in any case, the commissioner shall see cause to the contrary.

IV. That this order in the several matters hereinafter mentioned shall from henceforth, except in matters otherwise herein specially directed, apply to every official assignee, whether acting under bankruptcies prosecuted in London or in the country, and to every such bankruptcy.

V. That the official assignee shall, on the 1st day of January in every year, or within one week then next following, make a declaration in writing, to be filed with the chief registrar of the Court of Bankruptcy in Basinghall-street, that to the best of his knowledge and belief his sureties are alive and solvent, and in such declaration state, to the best of his knowledge and belief, any change of residence of any or either of such sureties.

VI. That the official assignee shall enter in a book, to be called the register estate book, the names of the bankrupts in the commissions and fiats, to which he shall have been or shall be appointed.

VII. That the official assignee shall keep the following set of books, in size and form hereinafter referred to; that is to say, register estate book (No. 1); register book of bankrupts' books, delivered to official assignee under each estate (No. 2); debtor and property book; rough cash book; fair cash book; rough journal, fair journal (for bills of exchange, securities, &c.); ledger ; letter book; petty cash and postage book ; audit book.

The size of such several books, and of any other books kept by the official assignee in his official capacity, and the

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