PART VII. CHAP. VI. Sect. 7. [or Whereas the said A. B. having been duly served with a debtor's summons by L. M. of in accordance with provisions of the Bankruptcy Act, 1869, issued out of the London Bankruptcy Court [or the county court of holden at ], applied to the said court to dismiss such summons on the ground that he was not indebted to the said L. M. [or that he was not indebted to him to such an amount as would support a petition in bankruptcy]. Now, therefore, the condition of this obligation is such that if the above-bounden A. B., or the said C. D. or E. F., shall on demand well and truly pay or cause to be paid to L. M., his attorney or agent, such sum or sums as shall be recovered against the said A. B. by any proceedings taken or continued within twenty one days from the date hereof in any competent court by the said L. M. for the payment of the debt claimed by him in the said petition or debtor's summons, together with such costs as shall be given to the said L. M. by such court, this obligation shall be void, otherwise shall remain in full force. Signed, sealed, and delivered by the above-bounden presence of A. B. (L.S.) NOTE.-If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. No. 20. Notice of Sureties. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of ]. In the matter of a bankruptcy petition against A. B. of A. B. of ]. [or , against Take notice, that the sureties whom I propose as my security in the above matter [here state the proceeding which has rendered the sureties necessary] are [here state the full names and additions of the sureties, and their residences for the last six months, therein mentioning the county or city, places, streets, and numbers, if any]. Dated this day of 187 To the registrar of the court and L. M. of A. B. No. 21. Affidavit of Justification. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of In the matter of a bankruptcy petition against A. B. of [or In the matter of a debtor's summons by L. M. against A. B. of I, E. F. of make oath and say: one of the sureties for ]. 1. That I am a housekeeper [or as the case may be], residing [describing particularly the county or city, the street or place, and the number of the house, if any]. [the amount 2. That I am worth property to the amount of £ required] over and above what will pay my just debts [if security in any other action or for any other purpose, add, and every other sum for which I am now security]. [and 3. That I am not bail or security in any other matter, action, or proceeding, or for any other person [or if security in any other action or actions, add, except for C. D., at the suit of E. F., in the court of in the sum of £ ; for G. H., at the suit of I. K., in the court of in the sum of £ specifying the several actions with the courts in which they are brought and the sums in which he has become bound]. 4. That my property, to the amount of the said sum of £ if security in any other action, &c., over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent proposes to become bondsman as follows, stock in trade, in my business of carried on by me at of the value of £ owing to me to the amount of £ of the value of £ of good book debts or house of the value of £ 5. That I have for the last six months resided at [describing the E. F. PART VII. CHAP VI. § 3.-ADJUDICATION OF BANKRuptcy. On the hearing (original or adjournment), the court may either adjudge the debtor to be bankrupt or dismiss it (ƒ). Immediately upon the order of adjudication being made, the property of the bankrupt vests in the registrar, who, until a trustee is appointed by the creditors, is the trustee for the purposes of the act (g). "The Bankruptcy Rules, 1870," provide that Rule 103. "After adjudication and before the appointment of a trustee by the creditors, the registrar in his capacity of trustee may, on the application of the petitioning creditor, sell or otherwise dispose of any property of the bankrupt which shall be of a perishable nature." The following is the form of adjudication :— No. 26. Adjudication. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at bankruptcy In the matter of a bankruptcy petition against A. B. of Upon the hearing of this petition this day, and upon proof, satisfactory to the court, of the debt of the petitioner [and of the trading], and of (f) See sect. 8, ante, p. 254. (g) See sect. 17, post, p. 274. Sects. 8, 10. PART VII. CHAP. VI. the act or acts of the bankruptcy alleged to have been committed by the said A. B. having been given, it is ordered that the said A. B. be and he is hereby adjudged bankrupt. Given under the seal of the court this day of 187 Registrar. Advertise of adjudica tion. [To be added for publication in Gazette.] o'clock of the The first general meeting of the creditors of the said A. B. is hereby summoned to be held at this [or at the office of the] court on the day of 187, at noon, and that the court has ordered the bankrupt to attend thereat for examination, and to produce there at a statement of his affairs as required by the statute. Until the appointment of a trustee all persons having in their possession any of the effects of the bankrupt must deliver them, and all debts due to the bankrupt must be paid, to the registrar. Creditors must forward their proofs of debts to the registrar. Publication of Adjudication.]—"The Bankruptcy Act, 1869," enacts that Sect. 10. "A copy of an order of the court adjudging the debtor to be ment of order bankrupt shall be published in the London Gazette, and be advertised locally in such manner (if any) as may be prescribed, and the date of such order shall be the date of the adjudication for the purposes of this act, and the production of a copy of the Gazette containing such order as aforesaid shall be conclusive evidence in all legal proceedings of the debtor having been duly adjudged a bankrupt, and of the date of the adjudication. Sect. 10. "The Bankruptcy Rules, 1870," provide that Rule 45. "Notice of the making an order of adjudication shall be advertised in one local paper according to the form in the schedule." The following is the form of notice of the order of adjudication and also of the first meeting of the creditors (h) : : No. 27. Notice of First Meeting in Local Paper. In the London Bankruptcy Court [or the county court of holden at A. B. of 187 of 1. was adjudged a bankrupt on the The first meeting of creditors will be held at 187 Until the appointment of a trustee, all persons having in their possession any of the effects of the bankrupt, must deliver them, and all debts due to the bankrupt must be paid to the registrar. Creditors must forward their proofs of debts to the registrar. Certificate that Registrar Trustee.]-"The Bankruptcy Act, 1869," enacts that when the registrar holds the office of trustee, a (h) See post, Chap. VII. CHAP. VI. certificate of the court may be made declaring him trustee (i). PART VII. "The Bankruptcy Rules, 1870," provide that Rule 46. "Upon adjudication being made, a certificate declaring the Sect. 18. registrar to be the trustee must be put on the file of the proceedings in accordance with sect. 18 of the act" (i). No. 28. Certificate declaring Registrar Trustee. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of at ]. holden Sect. 18. Until such time as the appointment of a trustee by the creditors shall Rule 43. have been certified by this court, it is hereby certified and declared that the registrar [or L. M., one of the registrars] of this court is the trustee of the property of the said bankrupt [add where so ordered, and the said registrar is hereby ordered to take possession of the said property forthwith]. Given under the seal of the court this 187 day of Registrar. Appeal from Adjudication of Bankruptcy.]—The bankrupt or petitioner may appeal from the adjudication of bankruptcy (k). Where the debtor appealed from the adjudication, on the ground that he was not resident in England, but in Ireland, and that the service of the debtor-summons (the alleged act of bankruptcy) made under a special order, was void for want of jurisdiction, the adjudication was annulled; and it was held, that the debtor was not precluded from raising the question on the adjudication by reason of his having previously made an unsuccessful application to dismiss the summons, and by not then appealing (1). § 4.-DISMISSAL OF THE PETITION. The court "may dismiss the petition, with or without costs, as the court thinks just” (m). and sect. 9. Dismissal where Adjudication on another Petition.]" Where See Rule 33 proceedings are stayed, the court may, if by reason of the delay caused by such stay of proceedings or for any other cause it thinks (i) See sect. 18, post, p. 274. (k) See the general power of appeal given by sect. 71 and rules, post, pp. 303, 304. When on a joint adjudication of bankruptcy against three partners, two appealed within the twenty-one days allowed by Rule 143 (post, pp. 303, 304), it was held that the third partner might and ought to be let in to appeal afterwards, on terms, such as giving the usual security for costs in the form 28. (m) See sect. 8, ante, p. 254. Asto an action for falsely and maliciously causing an adjudication of bankruptcy, see Farley v. Danks, 4 E. & B. 493. CHAP. VI. PART VII. just, adjudge the debtor a bankrupt on the petition of some other creditor, and shall thereupon dismiss, upon such terms as it thinks just, the petition proceedings in which have been stayed as aforesaid (n). Power to dismiss petition against Costs of Receiver or Manager on Dismissal.]—Where a receiver or manager has been appointed on the application of a creditor (o), and the petition is dismissed, the creditor shall pay such costs of the receiver or manager as the court may direct (p). "The Bankruptcy Act, 1869," enacts that— Sect. 101. "Where there are more respondents than one to a petition, the court may dismiss the petition as to one or more of them, without some respon- prejudice to the effect of the petition as against the other or others of them." dents only. No. 23. Dismissal of Petition. "The Bankruptcy Act, 1869." Sect. 9. In the London Bankruptcy Court [or the county court of holden In the matter of a bankruptcy petition against A. B. of Upon the hearing of this petition this day, the court being satisfied that the debt [or debts] of the petitioning creditor [or creditors] is [or are] not sufficient to support a petition in bankruptcy [or that the debtor did not commit the act of bankruptcy stated to have been committed], it is ordered that this petition be dismissed [and that the petitioner do pay to the said A. B. the taxed costs thereof]. Given under the seal of the court this day of 187 . Registrar. Sect. 9. No. 24. Dismissal of Petition upon which Proceedings are stayed where "The Bankruptcy Act, 1869." In the London Court of Bankruptcy [or the county court of holden at ]. In the matter of a bankruptcy petition against A. B. of presented by C. D. of Whereas A. B. has been adjudged a bankrupt upon a petition presented to this court by O. P. of it is ordered that the bankruptcy petition against the said A. B., presented to this court by C. D. of the proceedings in which were stayed by order of court of the day 187 be dismissed [add terms if any]. Given under the seal of the court this day of 187 . By the court, Registrar. Appeal from Dismissal.]-It is clear there may be an appeal from the dismissal of a petition as well as from an adjudication of bankruptcy (7). (n) See sect. 9, ante, pp. 255, 256. (p) See Rule 33, ante, p. 251. (2) Sce APPEAL, post, p. 303. |