or parties to be served, and each of them, a sealed copy of the order or rule."

53. "Notices of which substituted service may be made (otherwise than by post or advertisement) shall be served between the hours of eight o'clock in the forenoon and nine o'clock in the afternoon."

Filing Affidavits.]—

Rule 54. "Every affidavit to be used in obtaining, supporting, or opposing any motion or order for showing cause for or against any order or rule of court, shall be filed with the registrar two days before the day appointed for the hearing; and no affidavit in reply or in rejoinder is to be used except by leave of the court."

55. "The registrar, upon any affidavit being left with him to be filed, shall indorse the same with the day of the month and year when the same was so left, and forthwith file the same, with the proceedings to which the same relates, and any affidavit left with a registrar to be filed, shall on no account be delivered to any person whatever, except by order of the court."

Notes of Motions.]—

Rule 56. "A short note of every motion shall be delivered to the registrar previous to the public sitting of the court, specifying the bankruptcy or other matter to which the same relates, the name of the party on whose behalf the same is made, the name and residence of the attorney of such party and of the counsel, if the same be made by counsel, and the name of any party, and the name and residence of his attorney, on whom any notice of such motion has been served."

Order in which Motions are heard.]—

Rule 57. "Except in cases of emergency all motions shall be made and heard in the order in which they are set down, at the sitting of the court, but motions by the bar shall be heard in precedence to those by attorneys."

PART VII.

CHAP. II.

§ 5.-AFFIDAVITS.

The rules requiring applications to the court to be supported by affidavit has been given under the preceding head (§ 4). "The Bankruptcy Rules, 1870," comprise the following rules under the head of " Affidavits."

Form of Affidavits.]

Rule 151. "All affidavits to be used in evidence on motions to the court shall be divided into short paragraphs, numbered consecutively, and shall be in the first person."

152. "Every such affidavit shall state the deponent's name, address, and description, and also what facts or circumstances deposed to are within his knowledge."

153. "Where any such affidavit is made by more than one person, the names of all the persons making the affidavit, and the dates when and the places where it is sworn shall be inserted in the jurat."

PART VII.

154. "Any such affidavit not in conformity with the last three preCHAP. II. ceding rules may be rejected by the court."

155. "An affidavit in which there is any erasure, or which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to cause it to be illegible, or in which there is any interlineation, not duly authenticated by the person before whom it was sworn, may be rejected by the court."

156. "Where an affidavit is made by any person who is blind, or who from his signature or otherwise appears to be illiterate, the person before whom the affidavit is sworn shall state in the jurat that the affidavit was read over to the deponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit is sworn."

Before whom Affidavits to be sworn.]—

Rule 157. "Any affidavit used in any matter of bankruptcy may be sworn as follows:(1.) In the United Kingdom, before a court having jurisdiction in bankruptcy or a judge thereof or an officer thereof authorized to administer oaths in that court, or before a person authorized to administer oaths in any of the superior courts of law or equity, or before a justice of the peace for the county or place where it is sworn or made, and in case of proof of debts, before the trustee of the property of the bankrupt.

(2.) In any place in the British dominions out of the United Kingdom, before any court, judge, or justice of the peace, or any person authorized to administer oaths there in any court.

(3.) In any place out of the British dominions, before a British minister, consul, vice-consul, or notary public, or before a judge or magistrate, his signature being authenticated by the official seal of the court to which such judge or magistrate is attached."

It is to be observed that "affidavit" includes statutory declarations, affirmations, &c.; see rule, ante, p. 207 (note).

§ 6.-MODE OF GIVING SECURITY WHEN REQUIRED. Security to be by Bond.]-"The Bankruptcy Rules, 1870," give the following rules under the head of "Security."

Rule 158. "Where a person is required to give security, such security shall be in the form of a bond with one or more surety or sureties to the person proposed to be secured."

159. "The bond of any person other than a trustee shall be taken in a penal sum to the amount of double the sum in question up to the sum of 1,000l.; and where the sum in question exceeds 1,000l. in the sum of 1,000l. beyond such sum, unless, in either case, the opposite party consents to it being taken for a less sum."

Deposit in lieu of Bond.]

Rule 160. "Where a person is required to give security he may, in lieu thereof, deposit with the registrar a sum equal to the sum in ques

tion in respect of which security is to be given, and the probable costs of the trial of the question, together with a memorandum to be approved of by the registrar, and to be signed by such person, his attorney, or agent, setting forth the conditions on which the money is deposited." 161. "The security of a guarantee association or society may be given in lieu of a bond or a deposit."

Notice of proposed Sureties.]

Rule 162. "In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party, and on the registrar, at his office, notice of the proposed sureties, according to the form set forth in the schedule; and the registrar shall forthwith give notice to both parties of the time and place at which he proposes that the bond shall be executed, and shall state in the notice, that should the proposed obligee have any valid objection to make to the sureties, or either of them, it must then be made."

Justification.]—

Rule 163. "The sureties shall make an affidavit of their sufficiency according to the form in the schedule, unless the opposite party shall dispense with such affidavit, and such sureties shall attend the court to be cross-examined if required."

Execution of Bond.]—

Rule 164. "The bond shall be executed and attested in the presence of the registrar, or before a justice of the peace, or an attorney."

Notice of Deposit.]

Rule 165. "Where a person makes a deposit of money in lieu of giving a bond, the registrar shall forthwith give notice to the person to whom the security is to be given of such deposit having been made."

PART VII.

CHAP. II.

§ 7.-SERVICE AND EXECUTION OF PROCESS.

Service in general.]-"The Bankruptcy Rules, 1870," comprise the following provisions :

Rule 58. "Unless otherwise directed or permitted by these rules, it shall be the duty of a high bailiff to serve all orders, summonses, petitions and notices; to execute all warrants and processes; to attend all sittings of the court (except sittings in chambers); to prepare and cause to be inserted in the London Gazette and newspapers, all advertisements and notices, and to do and perform all such things as may be required of him by the court or trustee."

14. "All notices and other proceedings, for the delivery of which no special mode is prescribed, may be sent by prepaid post letter to the last known address of the person, to be served therewith."

Arrests, Commitments.]—

Rule 176. "A warrant of seizure, or a search warrant, or any other Sect. 99.

PART VII.
CHAP. II.

warrant issued under the provisions of the act, shall be addressed to such officer of the London Court of Bankruptcy, or to such high bailiff of any county court, whether such county court has jurisdiction in bankruptcy or not, as the court may in each case direct (g)."

Committal for Contempt.]—

Rule 178. "An application to the court to commit any person for contempt of court shall be supported by affidavit, and be filed in the court in which the proceedings are."

179. "Upon the filing of such application the registrar shall fix a time and place for the court to hear the application, and shall issue a notice to be served by an officer or high bailiff of the court personally on the person sought to be committed, three days at the least before the day of hearing the application, unless the court shall, by order upon good cause shown, direct service of the notice to be made in some other manner, in which case it shall be served together with a copy of the order in the manner so directed."

Evidence of proceedings in bankruptcy.

Death of witness.

§ 8. EVIDENCE.

"The Bankruptcy Act, 1869," enacts that

Sect. 107. "Any petition or copy of a petition in bankruptcy, any order or copy of an order made by any court having jurisdiction in bankruptcy, any certificate or copy of a certificate made by any court having jurisdiction in bankruptcy, any deed or copy of a deed of arrangement in bankruptcy, and any other instrument or copy of an instrument, affidavit, or document made or used in the course of any bankruptcy proceedings, or other proceedings had under this act, may, if any such instrument as aforesaid or copy of an instrument appears to be sealed with the seal of any court having jurisdiction (h), or purports to be signed by any judge having jurisdiction in bankruptcy under this act, be receivable in evidence in all legal proceedings whatever."

Sect. 108. "In case of the death of the bankrupt or his wife, or of a witness whose evidence has been received by any court in any proceeding under this act, the deposition of the person so deceased, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to."

Mode of taking Evidence.]-"The Bankruptcy Rules, 1870," provide that

Rule 49. "The court may in any matter take the whole or any part of the evidence either viva voce, or by interrogatories, or upon affidavit, or by commission abroad."

See also s. 75 of "The Bankruptcy Act, 1869," ante, p. 205.

(g) As to enforcing orders and warrants out of England, see ss. 73 & 76 of "The Bankruptcy Act, 1869,"

ante, p. 205.

(h) See as to the seal of the court, sect. 109, ante, p. 207.

§ 9. WITNESSES.

"The Bankruptcy Rules, 1870," contain the following provisions under the head of "Witnesses":

PART VII.

СНАР. 11.

Rule 166. "A subpoena for the attendance of a witness capable of Sects. 65, 66 giving evidence concerning any matter in the court, before or after and 96. adjudication, shall be issued by the court at the instance of a trustee, a creditor, a debtor, or any respondent in any matter, with or without a clause requiring the production of books, deeds, papers and writings in his possession or control, and in such subpoena the name of only one witness shall be inserted. A subpoena may be issued in blank as at common law."

167. "A sealed copy of the subpoena shall be served personally on the witness by the person at whose instance the same is issued, or by his attorney, or by an officer of the court, within a reasonable time before the time of the return thereof."

168. "Service of the subpoena shall, where required, be proved by affidavit."

169. "The court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale in the schedule" (i).

170. "The costs of witnesses, whether they have been examined or not, may, in the discretion of the court, be allowed."

The following form of summons to a witness, is provided in the schedule to the rules :

No. 75. Subpoena or Summons to Witness in County Court.
"The Bankruptcy Act, 1869."

In the matter of a bankruptcy petition against A. B., of [or in the matter of A. B., of

To X. Y., of

a bankrupt].

You are hereby required to attend at the court house in the

day of

on

in the noon to give evidence in the above matter [add where issued at instance of petitioning creditor on behalf of C. D., of , by whom the said petition has been presented], and then and there to have and produce [state any particular documents required]: hereof fail not at your peril.

Dated this

day of

(i) See post, Chap. XVIII.

Registrar.