and numbered consecutively.

Such further account as Commissioners direct.

If more kept in his hands than 50 on any one estate, or 250 in aggregate,

Entries dated ac- therein; and every entry therein on the debtor and creditor side shall have cording to facts, a precise date annexed according to the fact, and shall state in substance the subject matter of each item; and all said entries shall be numbered consecutively, corresponding with the numbers of the respective vouchers or receipts applicable to such items. The Official Assignee, however, shall furnish such further or special account as the Commissioner may in any case direct. XXVIII-That if the Official Assignee shall keep in his hands or under his control more than £50 of money belonging to any one estate, or more than £250 in the aggregate of moneys belonging to Bankrupts' estates, for more than one week, he shall be charged in his accounts by the Commissioner with such sum as shall be equal to interest at the rate of £20 per cent. per annum, on the excess of the said sums of £50 or £250, as the case may be, for such time as such moneys shall be under his control beyond the said week, unless the money has been kept from some proper cause, to be allowed by the said Commissioners, or one of them; and the Official Assignee shall also be liable to be dismissed from his office upon the report of the Commisdismissed from of sioner, or upon petition to the Lord Chancellor by the creditors' assignee or assignees, or by any creditor who has proved a debt under said commission, and shall pay the costs and expenses of such removal, and have no claim to remuneration.

charged with 20 per cent per an. on the excess,

and liable to be

fice.

Once in every 4

months to deliver

XXIX. That the Official Assignee shall once in every four months deliver to Commissioners to the Commissioners, or one of them, on account made up to the last day an account up to of the preceding month, together with his cash-book and bank-book duly last day of preceding month, balanced, and any other books that the Commissioners may require, and such account shall show the balances respectively placed and standing to the showing the balances to credit of credit of every estate under the charge of such Official Assignee in the books estate in Bank of of the Bank of Ireland; such balances to be previously certified by the acIreland, countant-general of said bank or his deputy; and every such account shall and also cash ba- also show the cash balances respectively of every Bankrupt's estate then in lances of every estate in hands. the hands or under the control of the Official Assignee.

Account specified

in preceding Rule

XXX.—That every such account shall be carefully kept by the registrars to be kept by Re. of the Court of Bankrupt, and shall be open to the inspection of any creditor gistrars, open to who shall have proved a debt under any Commission; and that a notice shall inspection of Creditor who proved. be posted in each Court by the registrar of such account having been deNotice posted in livered; and that any creditor applying to the Court may inspect same, without fee, at such convenient time as the Commissioners shall appoint.

Court.

All moneys order. ed to be invested, shall be in joint

names of Official

XXXI.—That all monies ordered by the Commissioners to be invested in the public funds, shall be invested in the joint names of the Official Assignee and Creditor's As. and Oreditors' Assignee or Assignees; and that no stock so purchased and signee. standing in the joint names of said Assignees, shall be sold out or transferred, No Stock sold out, except under or except by an express order under the hand of the Commissioners, or one of der of Commissio- them.

ner.

ter, and fill up and initial,

Official Assignee XXXII. That the Official Assignee shall keep a regular cheque book for to keep cheque book for each mat- such matter in Bankruptcy in which he is appointed as Official Assignee; and that he shall fill up every such cheque, and see that same is correct, and specify therein the account or purpose for which the sum therein specified is to be paid, and shall initial every such cheque before same is presented to the Creditors' Assignee or Assignees, for his or their signature.

before presented to Creditor's As signee for signa

ture.

Date, &c., of

XXXIII-That the date and other particulars of all cheques so drawn cheque entered in shall be entered by the Official Assignee in the block belonging to said cheque book according to the respective numbers of said cheques, and said block

the block.

Block initialled

shall be then initialled by the Official Assignee and the Creditors' Assignee, by Official and Creditors' Assigwhich block shall be produced to the Commissioners whenever they shall nee. require the same.

Forms hitherto used,

XXXIV. That, when a dividend shall be declared, the agent to the Com- When dividend declared, agent to mission and assignee shall forthwith make out three lists of the creditors make out three lists of Creditors, in the order of their proofs on the file, with the dates and amounts of such proofs respectively, and the number of such dividend, and whether same be a first or final dividend, or otherwise, and the securities (if any,) exhibited according to at the time of proof, according to the printed form hitherto used and sanctioned by the Court, and shall sign and date said lists, and forthwith deliver and deliver same same to the Official Assignee, who shall thereupon examine them, and com- to Official Assig pute the amount to which each creditor is entitled under said order of divi- nee, who shall dend, and fill up the column applicable thereto, and shall then sign and date compute, enter amount, and sign said three lists, and retain one thereof, and deliver the other two so signed to said three, keep the agent, who shall place one of them on the file of proceedings, and cause to agent. the other to be posted in the Court of the Commissioner, who may have made such order of dividend.

one and hand two

XXXV. That the Official Assignee shall then proceed, without delay, to To fill up and inifill up and initial a cheque for the dividend payable to each creditor as speci- tial a cheque for each dividend, fied in said lists, and have same signed by the Creditors' Assignee or Assignees and have same according to the directions above given with respect to the cheque book to be signed by Creditors' Assignee. kept by the Official Assignee in each Bankruptcy matter. But it shall be in the discretion of the Commissioners respectively in each case to make a special order for payment of dividends under the sum of £1, by allowing the assignee to draw out of bank a sufficient sum for payment thereof in cash, under such regulations as the Commissioner making such order may approve of.

XXXVI.-That all dividends shall be paid by the Official Assignee, and on All dividends to the joint cheques of the Official Assignee and Creditors' Assignee, and that the be paid by Offic. Assig. on joint Official Assignee shall provide printed cheque books for that purpose, and cheques. appropriate one or more of same as may be necessary in each Bankruptcy.

XXXVII.-That each Official Assignee shall, within one week after the Off. Ass, within a declaration of a dividend, give notice in one or more newspapers, if the Com- week after decla ration to give nomissioner should so direct, and by a printed circular letter to each creditor tices, if so direct(to be sent through the post office at the cost of the estate,) of the time and ed, place of the delivery of the dividend cheques, and that at such time the of the time and place of delivery Official Assignee will require the production of such securities (if any,) as the of divid. cheques. creditor exhibited at the time of his proof, and that no dividend cheque will be delivered to a creditor holding any security for his debt, until such security shall be produced, without the special order of the Commissioners, or one of them, in that behalf.

XXXVIII. That when a creditor, or any person duly authorized under When cheque aphis hand to receive his dividend cheque, shall apply for same, the Official plied for, securi ties to be proAssignee shall require the production of such securities (if any,) as the duced, creditor exhibited at the time of his proof, and, if satisfied that the amount of the said dividend still remains due, shall, upon the creditor or such other and marked. person signing a receipt for same, mark the securities (if any,) with the amount of that dividend, and deliver the dividend cheque for the same; but No cheque deno dividend cheque shall be delivered to any creditor holding a security for livered his debt until such security shall be produced and marked as aforesaid, provided that upon the statement of a creditor that he is unable to produce his

same, &c.

until

ducing, examined on oath.

Creditor not pro- security, and that the same has not been parted with for any valuable consideration, nor assigned to any person, he shall be examined on oath before a Commissioner as to the cause of such inability, and his examination shall be filed with the proceedings; and if the Commissioner is of opinion that the security cannot, for a sufficient cause, be produced, the creditor shall give a sufficient indemnity to the Official Assignee, to be approved of by the Commissioner, and upon such indemnity being given the Official Assignee shall deliver the dividend cheque to the creditor.

Indemnity as approved by Commissioner.

Creditors' Assignees not exoner ated from any duties.

Present practice to continue, subject to Act and Rules.

XXXIX. That nothing in these rules contained shall be construed as exonerating the Creditors' Assignee or Assignees from any part of his or their duties as such, and more especially the duty of exercising a general superintendence over the proceedings, and using due diligence to have all the estate and effects of the Bankrupt made available for the benefit of the creditors.

XL. That the present practice of the Court of Bankruptcy is hereby confirmed, and shall be continued, except so far as same may be altered or modified by the said Act or by these rules, or by any further rules that may be made pursuant to the provisions of the above recited Act.

SCHEDULE, No. I.

Appointment of
Official Assignee
to each matter in
Bankruptcy.

I, the Commissioner of Bankrupt, whose name is hereunto subscribed, duly authorised to act, and acting under a Commission of Bankrupt now in prosecution against do by this writing, under my

hand, select and appoint

to be the Official Assignee

of the estate and effects, real and personal, of the said

Bankrupt, pursuant to the statute in that case made and provided.

Given under my hand at the place first aforesaid, this

SIR-Having been appointed Official Assignee to your estate, I have to inform you that the Court requires you to make out and deliver to me immediately1st.-A list of all your creditors, according to the printed form (A) already

sanctioned by the Court, all the columns of which you are carefully to fill up, especially the last, in which you are to specify any bill, note, goods, property, or other security which the creditor may hold on account of his debt; and this list you are to furnish to me complete within eight days from this date.

2nd.-A list of all debtors to your estate, according to the printed form (B) already sanctioned by the Court, the columns of which you will also carefully fill up as above directed; and if any debtor has been Bankrupt, state in the last column if the debt has been proved, and the amount of dividend (if any) ordered thereon. This list is to be furnished to me within one fortnight from this date.

The Court also requires that you apply yourself at once to the preparation of your schedule and balance sheet, according to the printed forms already sanctioned by the Court, and that you strictly conform to the directions contained therein, and furnish the same to me ten clear days at least before the day fixed for your final examination.

I have to inform you further, that all your trade-books seized by the messenger are now in the custody of of who will submit same for your examination at all reasonable hours, in order that you my prepare without delay, the said lists and your schedule and balance sheet.

SIR-The Bankrupt

in the above matter has returned you Circular to debas a debtor to his estate in the sum of £ tors from Official for (here state the subject Assignee. matter of the debt, and whether secured by bill, note, or otherwise.)

I have to request, therefore, that you will without delay cause the above sum to be paid into my office here. In the event of your neglecting so to do, or to show to my satisfaction that said sum is not due by you, within one week from this date, I shall forthwith apply for, and cause to issue against you, the Commissioners' Summons, under the 48th section of the 6th Wm. IV., chap. 14, to compel you to attend before him, at your own expense, to be examined touching said debt.

Το

Official Assignee.

Dated at the Court of Bankruptcy, Dublin, this 1st day of November, 1849.

JOHN MACAN,Į
P. PLUNKET, S

The Commissioners of Bankrupt.

I approve of the foregoing Rules,

Nov. 1, 1849.

MAZIERE BRADY, C.

FORMS AND PRECEDENTS,

ETC.

BEFORE ANY ACT OF BANKRUPTCY COMMITTED.

Let the following be served personally on the debtor by a person not the creditor, who can read and prove handwriting, see page 58. (See schedule A No. 2 of Act, p. 189, ante.)

To E. F. of

Particulars of Demand.

against

The following are the particulars of the demand of the undersigned A. B. of the said E. F., amounting to the sum of pounds [here copy the account.] Take notice, That I the said A. B. hereby require immediate payment of the said sum of pounds. Dated this in the year of our Lord

day of

(Signed) A. B.

Let the person who served the above, together with the creditor himself, make the following joint and several affidavit. It may be made, according to convenience, before any of the parties named in s. 69 of 12 & 13 Vic., page 146. (See schedule A No. 1 of Act, p. 188, ante.)

Affidavit for Summoning a Trader Debtor.

and C. D. of

A. B. of severally make oath and say, and first this deponent A. B. for himself saith, that E. F. of [describe fully is justly and truly indebted to this deponent in the sum of pounds, for, &c. [stating the nature of the debt with certainty and precision]; and this deponent further saith, that the said E. F., as this deponent verily believes, is a trader within the meaning of the statutes relating to Bankrupts, or some or one of them, and resides at and that an account in writing of the particulars of the demand of the said A. B., amounting to the said sum of pounds, with a notice thereunder, written in the form precribed by the statute in that case made and provided, purporting to require immediate payment of the said debt, is hereunto annexed; and this deponent C. D. for himself saith, that he did on the day of instant [or last] personally serve the said

E. F. with a true copy of said account and notice.

Sworn, &c.

Let this be filed in the office of the Secretary of Bankrupts at the Four Courts, Dublin, between 11 and 4 o'clock, on any week day. (See sch. A No. 1 of Act, p. 188, ante.)

Form of Summons.

(See schedule A No. 3 of Act, p. 189.)

These are to will and require you to whom this summons is directed, personally to be and appear before the Commissioners of Bankrupt, or one of them, at the Court of Bankruptcy, at The Four Courts, Inns-quay, Dublin, on

the

day of

at

o'clock; and you