tificate of the appointment of assignees, (country fiat), 55.

Affidavit of attesting witness, 55. Appointment of banker,

(country fiat), 56. Memorandum of commissioners having

rejected assignees chosen by the creditors, and their order for

a new choice, 56. Memorandum of adjournment of the choice

of assignees, 57. Advertisement of a meeting for the choice

of assignees, 57. Order for an allowance to the bankrupt for

the support of himself and family after the choice of assignees,

58. Solicitor's bill, 58. Messenger's bill, 59. Memoran-

dum of the bankrupt's appearance, 59. Warrant of seizure

of property in Ireland, 59; affidavit of the solicitor to accom-

pany same, 60; affidavit of the messenger to accompany same,

61. Indorsement on warrant for seizure of property in Scot-

land, 61. Practice, 25, 26, 27, 40, 41, 42, 43-47, 48,

62.

IV. The Second Public Meeting, 62—100.

1. The Bankrupt's Final Examination, 62. Memorandum of

the bankrupt's last examination, 63; oath of interpreter for

examination of bankrupt, a foreigner, 64; bankrupt's balance

sheet, 65; schedule of debts due by the bankrupt, 66; schedule

of debts due to the bankrupt, 67; schedule of the bankrupt's

property, exclusive of debts, taken or to be taken by the

assignees, 68; schedule of losses and expenses, 69. Memo-

randum of adjournment of the bankrupt's last examination,

70; memorandum to be indorsed on the bankrupt's summons,

70. Advertisement of the adjournment in the Gazette, 71.

Warrant to bring up the bankrupt, if in custody, 71. War-
rant of commitment of bankrupt, by a single commissioner, to
the custody of the messenger, 72; the same where the time of
bankrupt's surrender has been enlarged, 73. Warrant of
commitment of bankrupt by a Subdivision Court, 74; the
same where the commissioner has not committed the bankrupt
to the custody of the messenger, 75. Warrant of commitment
of bankrupt by commissioners in a country fiat, 75. Memo-
randum of the time for surrendering being enlarged, 77; ad-
vertisement thereof, 78. Deposition of the service of the
bankrupt's summons, 78; memorandum of his non-appear-
ance, 79; warrant to apprehend him, 80. Practice, 62, 64,
70, 72, 75, 77, 78, 80.

Summons,

2. Other Examinations of the Bankrupt, 80-85.

80. Warrant to bring up the bankrupt, if in custody, 80.

Deposition, 81. Warrant of commitment for refusing to

answer, &c., 81; the same where time for surrender has been

enlarged by order, 81; the same where the commitment is

upon an adjourned examination, 82. Supplemental warrant

where the bankrupt is brought up at his own request for ex-

amination, 82. Deposition of the service of summons, 83.

Memorandum of his non-attendance, and of granting the

warrant, 84. Warrant to apprehend him, 85. Practice, 80,

81, 83, 85.

3. Examination of Witnesses, 86-89. Summons, 86. Affida-

vit for a habeas corpus, to bring up a witness, if in custody,

86; præcipe for the writ, 87; writ of habeas corpus thereon,

87; deposition, 88; the like by a Quaker, 88. Warrant of

commitment of witness for not answering, &c. 89. Deposition
of the service of the summons, 89; memorandum of his non-
attendance, 90; warrant to apprehend him, 90. Practice,
86, 87, 88, 89.

4. The Certificate, 90-99. Form of certificate, 90; same of

supplemental certificate, 93. Power of attorney to sign it,

94; affidavit of the execution thereof, 95; affidavit of having

seen the creditors sign the certificate, 95. List of the credi-

tors who have proved, 96. Mode of computing the debts of

creditors to sign, 97. Affidavit by the bankrupt that his cer-

tificate was fairly obtained, 97. Memorandum of the com-

missioners having signed the certificate, 97. Advertisement

for allowance of the certificate, 98; allowance thereof, 98.

Discharge of bankrupt, if in custody, 99. Practice, 90,

93-95, 96-98, 99.

V. Other Meetings, 99–152.

1. Meeting of Creditors to consent to the Assignees commencing

Suits, &c., 99-101. Advertisement thereof in the Gazette,

99; Memorandum of the meeting, 100. Consent of the com-

missioners where one-third in value of the creditors do not

attend, 101. Practice, 99, 100, 101.

2. Sale of the Bankrupt's Lands, &c. before the commissioners:

101-104: Advertisement thereof in the Gazette, 101. Me-

morandum of the sale, 102. Memorandum that the sale is

adjourned, there being no bidders, 102. Bargain and sale of

copyholds to a purchaser, 102. Practice, 101, 102, 104.

3. Transfer or Investment of Bankrupt's Property, 104-106.

Order for transfer of stock, 105. Memorandum thereof, 105.

Affidavit of service of the order, 106. Order for investment

of money in exchequer bills, 106. Practice, 105, 106.

4. Expunging Proof of Debts by Commissioners, 106–108.

Undertaking by assignees or creditors to pay costs of in-

vestigating debt, 107. Memorandum of commissioners hav-

ing expunged proof, 107. Practice, 106, 108.

5. Meeting for a First Dividend, 108-120. Memorandum of

commissioners authorizing a meeting to audit assignees' ac-

counts, 108. Advertisement in the Gazette, 108. Memo-

randum of having audited the assignees' accounts, 109. As-

signees' account, 110; assignees' affidavit of the truth thereof,

where they cannot attend, 111. List of debts proved, 111.

Order for a dividend, 111; (town fiat), 114. List of divi-

dends for official asssignee; (town fiat), 113; form of draft

for dividends, (town fiat), 114. List of debts and compu-

tation of dividends on each, (country fiat), 115. Order to pay

the dividend, (country fiat), 115. Receipt for the same, 115.

Power of attorney to receive dividends, 116. Memorandum

of adjournment of the dividend, 117. Summons to the as-

signees, to audit and make a dividend, 117; the same to

produce books and papers, 118. Warrant to apprehend as-

signees for not obeying the summons, 118. Warrant to

commit assignee, 119. Warrant of commitment, (country

fiat), 119. Practice, 108, 112, 115, 116, 117, 118, 119.

6. Meeting for a further Dividend, 120-122. Advertisement

of the audit and dividend, 120. Memorandum of having

audited the assignees' accounts, 120. Assignees' account,

120. List of debts proved, 120. Order for a further di-

vidend, 120.

7. Meeting for a final Dividend, 122-123. Advertisement

thereof, &c., 123. Order for a final dividend, 122.

8. Unclaimed Dividends, 124-125. Certificate of unclaimed

dividends for the secretary of bankrupts, 124; application to

the accountant in bankruptcy for his certificate, 125. Certi-

ficate of accountant in bankruptcy, 125. Practice, 124, 125.

9. Choice of new Assignees, 126-130. Petition by an as-

signee to be removed, 126; and affidavit to verify the same,

127. Petition to remove assignees for misconduct, or the

like, 127; and affidavits to verify the same, 128; order

thereon, 129. Memorandum of application for the appoint-

ment of an assignee, in the room of one who has died or be-

come bankrupt, 129. Advertisement in the Gazette, 129.

Memorandum of the choice of a new assignee, 130. Ad-

vertisement that the new assignees have been chosen, 130.

VI. Superseding or annulling a Fiat, 130-144. Petition to

annul a fiat for want of prosecution, 130. Affidavit of search-

ing the Gazette, 131; the same where the bankrupt has not

committed an act of bankruptcy, 131; notice of acts of

bankruptcy and evidence on trial of issue directed, 132;

form of the notice, 132. Petition to annul after a trial at

law, 133; annulling a fiat with consent of creditors, 134.

Memorandum of all the creditors having consented, 134.

Memorandum of adjournment of choice of assignees to give

time for presenting petition, 134. Petition to annul with

consent of all the creditors, 135; affidavit that the credi-

tors signed the same, 136; the commissioners' certificate,

136; memorandum of signing the same, 137. Annulling

fiat by consent of nine-tenths of the creditors having ac-

cepted a composition, 137; advertisement of meeting to ac-

cept composition, 137. Memorandum of the meeting, 138.

Memorandum of the creditors having agreed to accept com-

position, 138. Power of attorney for creditors abroad, 139.

Petition to annul the fiat, 139. Certificate of commission-

ers thereon, under Lord Eldon's general order, 141; me-

morandum of commissioners having executed the above

certificate, 142. Petition to annul a fiat, the adjudication

being reversed, 143. Order annulling a fiat with costs, 143.

Advertisement in the Gazette, 144. Practice, 131, 132, 133,

134, 138-140, 143, 144; and see i. p. 299.

VII. Renewed Fiats, 144-147. Petition for, on death of com-

missioners, 144; form of, 145; costs of, 145; advertisement

for choice of assignees under, 145. Practice, 145.

VIII. Petitions and Orders, 146–155. General form of peti-

tions to Court of Review, 146; fiat thereon, 147; affidavit

to verify the same, 147; affidavit of the service of the pe-

tition, 147; order thereon, 148. Petition to annul a fiat for

want of prosecution, 148; affidavit of having searched the

Gazette, 149; petition by bankrupt, to enlarge the time for

his surrender and last examination, 150; the like by assig-

nees, 151. Petition for leave to prove debts, and for stay-

ing the bankrupt's certificate, 152. Petition by assignees

to have the solicitor's bill taxed, and that he deliver up the

proceedings, &c., 153. Petition by the solicitor, that the

assignees may pay his bill, 154. Actions for or against

assignees, 155. Notice of defendant's intention to dispute

petitioning creditor's debt, 155. Notice of plaintiff's in-
tention to dispute bankruptcy, &c., 155. Practice, 147,
149, 152, 155; and see i. p. 319-333.

IX. Joint and Separate Fiats, 156-158. The usual forms,

see 156. Petition to allow joint creditors to prove under

a separate fiat, 156. Order for dividend under a joint fiat,

157. Certificate of the commissioners under Lord Apsley's

order, 157; the same in town fiats, 158. Memorandum of

commissioners having signed such certificate, 158. Practice,

156-158; see i. p. 393.

X. Fiats against Members of Parliament, 159–162. Form of

affidavit of debt due from member of parliament, 159. Sum-

mons to a member of parliament, 159. Commissioners' cer-

tificate to the Speaker of the House of Commons, 162. The

same in case of a country fiat, 162. Practice, 160, and see

i. p. 413.

XI. Bills of Costs, 163–179. Enactments respecting fees and

costs, 163. Schedules to 1 & 2 Will. 3, c. 56, 164.

Solicitor's bill of costs: solicitor's bill up to and including

the choice of assignees, 165; the same subsequent to

the choice of assignees, 168. Costs of taxation of a

solicitor's bill, 175. Costs of reference to a registrar

of the Court of Review, 176. Costs of appeal, 176.

Costs of contempt for non-payment of costs, 177.

Messenger's bill of costs, 178.

Solicitor's bill of costs for obtaining certificate, 179.

*

APPENDIX.

Giving Bond under 1 & 2 Vict. c. 110, s. 8.

Affidavit of sufficiency of sureties, 181. Notice of meeting to

enter into bond, 182. Affidavit of service of notice, 182. Form

of bond, 183. Affidavit of execution of the bond, 184. Prac-

tice, 181, 182, 184.

ORDERS IN BANKRUPTCY.

THE following references will shew the reader in what pages of

the following work he will find the different orders in bankruptcy;

they are, in most instances, inserted verbatim.

Apsley.

12 Feb. 1774. Petitioning creditor's debt, 90, ii. 19; what the

commissioners are to inquire of, and certify,

422; second commission, 86.

Thurlow.

6 Dec. 1788. Second commission, 85.

Loughborough.

26 June, 1793.

5 Nov. 1793.

8 Mar. 1794.

8 Mar. 1794.

22 Mar. 1796.

12 April, 1796.

Commission to be prosecuted within a certain

time, or to be superseded, 84, 323, 333.

Agent's name to be indorsed on affidavit of pe-

titioning creditor's debt, ii. 3.

Appointment of banker by the creditors, 167.

Proof of separate debts under joint commis-

sions, 423; distinct accounts to be kept of

joint and separate estate, 435; certificate
under joint commissions, 439; death or bank-
ruptcy of assignees, 165; sale, &c. of mort-
gaged premises, 132.

Order upon petition to stay certificate, 294, 361.

Affidavits in support of petition to stay certifi-

cate, 352.

26 Nov. 1798. Proof of petitioning creditor's debt, 90, ii. 8.

Eldon.

16 Nov. 1805. Affidavit in support of petition to stay certifi-
cate, 352.

Erskine.

29 Dec. 1806. Striking docket, and entries in the docket book,

80.