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LIST FOR CERTIFICATE.*

A List of the Creditors who have proved their Debts under the Fiat awarded and issued against A. B. of, &c., and who have signed the Certificate of the said A. B., bearing date the first day of June, 1832.

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List of Creditors who have Amount of all the Debts of the CreFigures stating the order in which proved Debts, according to Debts proved op-ditors the order in which they stand upon the Proceedings. Name upon the ficate, carried out posite to each signed the Certithe names of Partners being Proceedings. at full length.

N.B. The following Directions should be attended to:

As to the Certificate.-1. Let the date of the signature be opposite to each name. 2. Let a partnership signature be signed by one partner for himself and partners, and not merely the partnership signature. Thus, A. B. for C. D. and Co., not merely C. D. and Co.

As to the Affidavit.-1. The deposition of signature must contain the date of each signature.

2. Let an exhibit be written upon the deposition ready for the signature of the commissioner.

Memorandum as to computing the requisite value, viz. 4-5ths of the sum total. Multiply by 4 and divide by 5, thus

Suppose the sum to be £446 5 10

4

5) 1785 3 4

£357 0 8 is 4-5ths.

See 2 Deac. B. L. 274.

MEMORANDUM of the Commissioner's ExeCUTION OF CERTIFICATE.
In the Court of Bankruptcy.

At the Court of Commissioners of Bankrupt, in Basinghall Street,
London, on the first day of July, 1832, before Edward Holroyd,
Esquire.

In the matter of A. B., of &c., against whom a fiat, bearing date
the thirteenth day of January, was duly issued.

Memorandum, that I, the commissioner above named, being authorized to proceed upon a fiat awarded and issued against A. B. of &c., having examined the proceedings under the said fiat, and finding thereby and by affidavit exhibited before me, that full four parts in five in number and value of all the creditors who have proved their debts under the said fiat, amounting respectively to twenty pounds and upwards, have signed their consent that the commissioner should execute a certificate to the Right Honourable the Chief Judge and the other Judges of the Court of Review for the said bankrupt's discharge, according to the acts of Parliament for that purpose, I, the said commissioner, have accordingly executed such certificate.

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AFFIDAVIT OF FAIRNESS OF CERTIFICATE.

In the matter of A. B., a bankrupt.

A. B., of, &c., the person against whom a fiat, bearing date the thirteenth day of January, one thousand eight hundred and thirty-two, hath been awarded and issued, by the name and description of A. B., of Mark lane, in the city of London, merchant, dealer and chapman, maketh oath and saith, that the certificate bearing date the first day of June, one thousand eight hundred and thirty-two, under the hand and seal of Edward Holroyd, Esquire, the commissioner authorized to proceed upon the said fiat, whereby he has certified to the Right Honourable the Chief Judge, and the other Judges of the Court of Review, that he this deponent hath in all things conformed himself to the several statutes made and now in force concerning bankrupts: And the consent of all this deponent's creditors who have signed their names or marks at the foot of the said certificate, that the said commissioner might sign and seal the same, and that this deponent might have such allowance and benefit as are given to bankrupts by the statute in such case made and provided, and be discharged from his debts in pursuance of the same act, was obtained fairly, and without fraud.

Sworn at the Court of Commissioners of Bankrupts, in Basinghall Street, London, this first day of July, one thousand eight hundred and thirty-two, before me,

Signed,

EDWARD HOLROYD.

A. B.

POWER OF ATTORNEY TO SIGN CERTIFICATE.

Know all men by these presents, that C. D. and E. F. of Newcastle upon Tyne, in the county of Northumberland, bankers, creditors of A. B., of &c., the person against whom a fiat hath been duly awarded and issued and is now in prosecution, having proved a debt of the amount of twenty pounds and upwards under the said fiat, as due to us from the said bankrupt, have made, constituted and appointed, and by these presents do make, constitute and appoint W. G. of &c., Grocer, our true and lawful attorney for us and in our name, place, and stead, as such creditors as aforesaid, to sign the certificate of conformity of the said A. B., and thereby to testify and declare our consent that the commissioner authorized for that purpose may sign and seal the said certificate, and that the said A. B. may have such allowance and benefit as are given to bankrupts by the act of parliament made in the sixth year of the reign of his late majesty, intituled "An Act to amend the Laws relating to Bankrupts," and be discharged from his debts in pursuance of the said act: And further, to act, do, and perform all and whatsoever shall be needful and requisite to be done in, about, and concerning the premises: And we do hereby ratify, confirm, and allow all and whatsoever our said attorney shall lawfully do, or cause to be done for us by virtue of these presents and of the power and authority hereby to him by us given. In witness whereof we have hereunto set our hands and seals this twentieth day of May, in the year of our Lord one thousand eight hundred and thirty-two. Signed, sealed and delivered

in the presence of

W. P.
G. W.

SC. D. (L. S.)
E. F. (L. S.)

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AFFIDAVIT OF EXECUTION of the above POWER OF ATTORNEY.

In the matter of A. B. of &c., a bankrupt.

W. P. of &c., Gentleman, maketh oath and saith, that he was present and did see C. D. and E. F., duly sign, seal, and as their several and respective act and deed, deliver the letter of attorney hereunto annexed, and that the names C. D. and E. F. severally and respectively set and subscribed against the seals of the said letter of attorney are of the several and respective proper handswriting of the said C. D. and E. F., and that the names W. P. and G. W., also set and subscribed at the bottom of the said letter of attorney as witnesses attesting the execution thereof, are of the respective proper handswriting of this deponent and of the said G. W.

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AFFIDAVIT OF SEEING CREDITORS SIGN CERTIFICATE.

In the matter of A. B. of &c., a Bankrupt.

M. W., of &c., maketh oath and saith, that he was present and did see G. P., N. O., K. L., W. D., and T. P., five of the creditors of the said bankrupt, severally subscribe their names and the day of the month and year on which they so subscribed their names, at the foot of a certain instrument in writing, purporting to be a certificate under the hand and seal of the commissioner authorized to proceed upon a fiat awarded and issued against the said A. B., that the said A. B., the bankrupt, hath in all things conformed himself to the several statutes made and now in force concerning bankrupts, at the date and suing forth of the said fiat, whereby they testify and declare their consent to the said commissioner signing and sealing the said certificate; and that the said bankrupt may have such allowance and benefit as are given to bankrupts by the act of parliament made and passed in the sixth year of the reign of his late Majesty, intituled, " An Act to amend the Laws relating to Bankrupts," and be discharged from his debts in pursuance of the same act.

Sworn at the Public Office in.

Southampton Buildings,

M. W.

London, this

day of

Exhibited to me this

one thousand

eight hundred and thirty

two, before me,

day of 1832, under a fiat in bankruptcy against A. B.

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ADVERTISEMENT AS TO ALLOWANCE OF CERTIFICATE.

Whereas the acting commissioner on a fiat in bankruptcy awarded and issued forth against A. B. of &c., has certified to the Right Honourable the Chief Judge and the other Judges of the Court of Review, that the said A. B. hath in all things conformed himself according to the directions of an act of parliament made and passed in the sixth year of his late Majesty's reign, intituled, "An Act to amend the Laws relating to Bankrupts:" This is to give notice, that his Certificate will be allowed and confirmed as the said act directs, unless cause be shewn to the contrary on or before the day of

next.

NOTE:-The following General Order appears to have been made some time between January 12 and January 16, 1832.

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IT IS ORDERED, That the fiats upon a petition for hearing in the Court of Review, do direct the attendance of parties thereon to be on the eighth day from the day of presenting every such petition.

The petition to be served four days before the expiration of the time at which the attendance thereon is ordered, except in the cases of a petition presented to stay a certificate.

The above directions to be without prejudice to any application to the Court in respect of either the attendance of or service on parties, or the hearing of the petition.

T. ERSKINE, C. J.

A. PELL, J.

J. CROSS, J.

G. ROSE, J.

MEMORANDUM.

It is to be understood, that the eight days and four days respectively, in the directions abovementioned, be taken as inclusive of the days of presenting and of serving such petitions respectively, and exclusive of Sundays, although an intermediate day.

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