in the world (save and except his wearing apparel, and the matter in question in this cause). A. B. Sworn [&c. ante, 207.] 4. Opinion of Counsel. F. P. I humbly conceive that the said petitioner hath good cause of action against the above-named C. D. and consent to be his counsel. B. V. 5. Judge's Order thereon. Upon reading the petition and affidavit of A. B. and the certificate of counsel, I do admit the plaintiff to sue in formâ pauperis; D. and I do assign F. P. esquire, to be his counsel, and P. A. gentleman, to be his attorney. (Name of chief justice or chief baron.) CHAPTER XIV. PROCEEDINGS AGAINST TRADERS SUBJECT TO THE BANKRUPT LAWS. 1. Affidavit of Debt to be filed in pursuance of 1 & 2 Vict. c. 110, s. 8. In the Court of Bankruptcy (a). A. B. (the creditor) of butcher, maketh oath and saith, that C. D. is justly and truly indebted to this deponent in £ for [&c. here state the nature of the debt as in an affidavit to hold to bail, see ante, 212 to 227]: and that the said C. D. is a trader within the meaning of the laws now in force concerning bankrupts, as this deponent verily believes. 2. Notice to Trader that the above Affidavit has been filed, and requiring immediate Payment. Mr. C. D. Take notice, that an affidavit, a copy of which is hereunto annexed, has been filed in her majesty's Court of Bankruptcy, pursuant to the provisions of the 8th section of the 1 & 2 Vict. c. 110; and that I do hereby require immediate payment of the debt in the said affidavit mentioned. Dated this -day of A. D. 1840. 3. Bond in pursuance of the 1 & 2 Vict. c. 110, s. 8. A. B. [Proceed as in the ordinary form of a bond, but make it conditioned "to pay such sun or sums of money as shall be recovered in any action or actions which shall have been brought or shall thereafter be brought for the recovery of the same, [i. e. the debt,] together with such costs as shall be given in the same, or to render himself to the custody of the gaoler of the court in which such action shall have been brought, or may be brought, according to the practice of such court, or within such time and in such manner as the said court or any judge thereof shall direct, after judgment shall have been recovered in such action."] (a) This title is, it seems, unnecessary. The affidavit may be made before a master extraordinary of the Court of Chancery, and filed in the Register Office of the Court of Bankruptcy. Ex parte Hall, 3 Deac. 405. BOOK IV. PART I. PROCEEDINGS INCIDENTAL AND COLLATERAL TO THE ACTION. CHAPTER I. PROCESS AND ENTRY OF ON THE ROLL, TO SAVE THE STATUTE OF LIMITATIONS. SECT. I. Process by Writ of Summons. II. Process by Writ of Capias under 2 Will. 4, c. 39, before the 1st SECTION I. PROCESS BY WRIT OF SUMMONS (a). 1. Writ of Summons. [Same as in ordinary cases, see ante, 15, No. 2.] 2. Return thereto of Non est inventus. The within-mentioned C. D. is not found in the [county] within-mentioned, or within 200 yards of the border thereof. P. A. the within-named plaintiff's attorney. [See 2 Chit. Ar. Pr. 922.] (a) The 1 & 2 Vict. c. 110, has provided no machinery by which a writ of capias under it can be continued so as to save the statute of limitations. The only way in which it can now be saved is by writ of summons continued according to the directions of the Uniformity of Process Act, 2 Will. 4, c. 39. 3. Entry of Writ of Summons and Award of an Alias. In the Q. B. [or " C. P." or "Exch. of Pleas."] On A. D. 1840. the day of (Day of making the entry.) England (to wit): Our lady the queen issued forth her writ close in these words, to wit, Victoria [&c. here copy the writ of summons verbatim, to the end, and then proceed thus:] Afterwards and within one calendar month next after the expiration of the said writ, including the day of such expiration, to wit, on the said day of A. D. 1840, (the day and year first named,) comes here the said A. B. by P. A. his attorney [or "in his proper person"], and offers himself against the said C. D. in the action aforesaid; and the said P. A., the said A. B.'s attorney, who sued out the said writ [or if in person, say " the said A. B."], now here returns that the said C.D. is not found in the county of aforesaid, or within 200 yards of the border thereof, and the said C. D. does not come and has not appeared to the said action according to the exigency of the said writ: and hereupon the said A. B. [by his attorney aforesaid] prays another writ of our lady the queen to be issued out of the said court here against the said C. D. in continuation of the said first-mentioned writ, and it is granted to him, &c. And hereupon our said lady the queen, within one calendar month next after the expiration of the said first-mentioned writ, including the day of such expiration, to wit, on the - day of [date of the alias] issued forth her other writ in continuation of the said first-mentioned writ close in these words, to wit, Victoria, [&c. here copy the alias writ of summons verbatim to the end, and then proceed thus:] And which said last-mentioned writ contains a memorandum indorsed thereon [or "subscribed thereto"] specifying the day of the date of the said first-mentioned writ &c. [See 2 Chit. Ar. Pr. 923, 924.] 4. Docket Paper thereon in Q. B. The entry of P. A. gentleman, one &c. on the (the county in which defendant is described to be in the writ,) (to wit.) Entry of [writ of summons] between A. B. plaintiff and C. D. defendant, on [promises], dated the day of A. D. 1840. 5. Alias Writ of Summons with Indorsement or Subscription thereon of the Date of the first Writ of Summons. [The writ is the same as in ordinary cases, see form, ante, 16, No. 4, but the following memorandum should be indorsed on or subscribed therelo:] The first writ of summons issued in this action was dated the day of A. D. 1840. [See 2 Chit. Ar. Pr. 924.] 6. Return thereto of Non est inventus. 7. Entry of Return to the Alias Writ of Summons and Award of Pluries. [After the entry already made of the writ of summons, return, and award of an alias, as supra, No. 3, to the end, proceed thus:] After wards, and within one calendar month next after the expiration of the said second-mentioned writ, including the day of such expiration, to wit, on the day of -, A. D. 1840, comes here the said A. B. by P. A. his attorney aforesaid, [or "in his proper person,"] and offers himself against the said C. D. in the action aforesaid, and the said A. B. [or P. A. the said A. B.'s attorney"], who sued out the said last-mentioned writ [or if in person, say "and the said A. B."] here now returns that the said C. D. is not found in the county of aforesaid, or within 200 yards of the border thereof, and the said C. D. does not come and has not appeared to the said action according to the exigency of the said lastmentioned writ; and hereupon the said A. B. [by his attorney aforesaid] prays another writ of our said lady the queen to be issued out of the said court here against the said C. D. in continuation of the said last-mentioned writ, and it is granted to him &c. And hereupon our said lady the queen, within one calendar month next after the expiration of the said last-mentioned writ, including the day of such expiration, to wit, on the day of issued forth her other writ, in continuation of the said last-mentioned writ close in these words, to wit: Victoria [&c. here copy the pluries writ of summons verbatim to the end, and then proceed thus:] and which said last-mentioned wrft contains a memorandum indorsed thereon [or "subscribed thereto] specifying the day of the date of the said first-mentioned writ &c. A. D. 8. Pluries Writ of Summons, with Indorsement or Subscription thereon of the Date of the first Writ. [The writ is the same as in ordinary cases, see form, ante, 16, No. 4, but indorse on or subscribe to it the following memorandum :] The first writ of summons issued in this action was dated the A. D. 1840. on [See 2 Chit. Ar. Pr. 924.] 9. Return thereto of Non est inventus. day of 10. Entry of Return to the Pluries Writ of Summons and Award of another Pluries. [After the entry already made of the alias writ of summons, return, and award of a pluries, as ante, 540, No. 7, to the end, proceed thus:] Afterwards, and within one calendar month next after the expiration of the said third-mentioned writ, including the day of such expiration, to wit, the day of, A.D. 18-, comes here the said A. B. by the said P. A. his attorney aforesaid [or "in his proper person"], and offers himself against the said C. D. in the action aforesaid: And the said P. A., the said A. B.'s attorney, who sued out the said last-mentioned writ [or if in person, say "And the said A. B."] now here returns, that the said C. D. is not found in the county of yards of the border thereof, and the said C. D. does not come and has not appeared to the said action according to the exigency of the said lastmentioned writ: and hereupon the said A. B., by his attorney aforesaid, prays another writ of our said lady the queen to be issued out of the said aforesaid, or within 200 |