upon the oath of J. G. and C. J., the assignees, [or J. G., the acting assignee, C. J., the other assignee, not having received any part of the said bankrupt's estate and effects, as also appears to me [us] upon the oath of the said J. G.] of the said bankrupt's estate, that there is the sum of £973 16s. 4 d. now in hand, which sum is composed as follows:

Difference, being the sum to be divided £973 16 4

And it also appearing to me [us] that the debts proved on this and on former days amount to the sum of £2729 19s. 5d., that is to say :

£ 8. d. 2,481 1 5

248 18 0

£2,729 19 5

And it also appearing to us that the sum of £973 16s. 4d., so being in the hands of the assignees, is sufficient to pay to the creditors who have this day so proved the sum of six shillings and sixpence in the pound; and to all the creditors the further sum of six shillings and sixpence halfpenny in the pound upon their several debts: I [we] do therefore order that the said dividend of six shillings and sixpence in the pound shall be paid to such of the said bankrupt's creditors who have this day proved. And I [we] do further order a final dividend of six shillings and sixpence halfpenny in the pound to be paid to all the said bankrupt's creditors who have proved their debts; which said dividends, as I [we] compute the same, will amount to the sum of £973 16s. 4 d., leaving nothing more in the hands of the said assignees.

***Two copies to be signed by the commissioners: one to be filed with the proceedings, and the other delivered to the assignees.

8. Unclaimed Dividends.

By the statute 5 & 6 Will. 4, c. 29, the 110th section of 6 Geo. 4, c. 16, has been repealed, and, consequently, the law in respect of unclaimed dividends has been materially altered. By the 5 & 6 Will. 4, c. 29, s. 7, if any assignee shall have in his hands, or subject to his order or disposition, or shall know of any unclaimed dividends, amounting to the sum of £20, or any undivided surplus of the bankrupt's estate amounting to the sum of £20, such assignee shall, within the time therein mentioned, cause to be filed in the office of the secretary of bankrupts a certificate of all such unclaimed dividends, containing the names of the creditors to whom such dividends are due, and the amount of such dividends respectively; and shall also, within the time therein mentioned, cause to be filed in the office of the secretary of bankrupts a certificate stating the full and true amount of such surplus; and every such certificate must be signed by the assignee filing the same. (See i. Ch. 1, p. 308, ante.) The following may be the form:

Certificate of Unclaimed Dividends.

We the undersigned, being the assignees duly chosen and appointed under a fiat in bankruptcy, bearing date the

day of

-, against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, do hereby certify that we have in our hands, or subject to our order or disposition, the following unclaimed dividends, in respect of debts proved under the said fiat: that is to say :—

By 5 & 6 Will. 4, c. 29, s. 7, within one year next after the filing the above certificate, the amount of the unclaimed dividends mentioned in the certificate, "or so much thereof as have not been then paid to the creditor or creditors, or other person or persons entitled thereto," and also the full amount of such undivided surplus, must be paid into the Bank of England, and for that purpose an application must be made to the Accountant in Bankruptcy for his certificate.

Application to the Accountant in Bankruptcy.

We the undersigned, being the assignees chosen and appointed under the fiat in bankruptcy bearing date the day of awarded and issued against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, hereby certify that we have now in our hands the sum of £30, being the amount of unclaimed dividends upon debts proved under the said fiat, that is to say :

Amount of unclaimed dividends under this
fiat, as appears by the certificate thereof,
filed with the Lord Chancellor's secretary
of bankrupts

Paid, since the filing the said certificate, to`
Joseph Smith the amount of his dividend

L. M.

O. P.} Assignees.

£ s. d.

36 0 0

600

£30 0

We, the said assignees, [or I, the solicitor or agent of the said assignees], hereby apply for a certificate upon which to pay into the Bank of England the above-mentioned sum of £30, to an account intitled "The Unclaimed Dividend Account," pursuant to the act of the 5 & 6 Will. 4, c. 29.

To Basil Montagu, Esq.,

Accountant in Bankruptcy.

***To be signed by the assignees or the solicitor, or agent applying.

Certificate of the Accountant in Bankruptcy, under 5 & 6 Will. 4, c. 29, s. 8.

Accountant's Office, 15th day of September, 1839.

I hereby certify, that, pursuant to an act of 5 & 6 Will. 4, c. 29, and a certificate filed with the Lord Chancellor's secretary of bankrupts, L. M. and O. P., the assignees of the estate of Joseph Styles, builder, are to pay into the Bank of England the sum of £30, which is to be placed to the credit of my account as accountant in bankruptcy, and of "the unclaimed dividend account," and a certificate of the payment thereof is to be brought in forthwith.

B. M.

Upon taking this certificate of the accountant in bankruptcy to the Bank of England, the assignees can pay in the amount, and they will thereupon receive from the Bank a receipt, which must be carried to the office of the accountant in bankruptcy, who will give in exchange a voucher or certificate that the sum has been paid into the Bank pursuant to the statute. The same form must be observed in respect to the undivided surplus in the hands of the assignees after a final dividend is declared. (See i. Ch. 1, p. 309).

9. Choice of New Assignees.

Petition by a Creditors' Assignee to be removed.

In the Court of Review.]

In the matter of Joseph Styles, a bankrupt.

To the Right Honourable his Honor the Chief Judge, and their Honors the other Judges of the Court of Review.

The humble petition of

one of the assignees of the

said Joseph Styles :

SHEWETH,

That a fiat in bankruptcy, bearing date the day of was duly awarded and issued against the said Joseph Styles, who was thereunder found and declared a bankrupt, [and A. B., ofwas appointed the official assignee of his estate and effects under the said fiat].

That on the

day of

-

your petitioner and one J. G., of -, merchant, were duly chosen by the creditors under the said fiat, and appointed assignees of the estate and effects of the said bankrupt, and thereupon all the real and personal estate of the said bankrupt vested in your petitioner jointly with the said [A. B. and] J. G., in trust, to divide the same among all the creditors of the said bankrupt, seeking, or who should thereafter seek, relief under the said fiat.

That your petitioner, on account of his ill state of health, is incapable of attending to or acting in the trust reposed in him as one of the assignees to the said bankrupt's estate. [Or stating such other circumstances as may be deemed sufficient to excuse the petitioner.]

That no dividend hath yet been made under the said fiat; and that neither your petitioner, nor any other person for his use, hath received or possessed any money, goods, or effects belonging to the said bankrupt or his estate; nor hath your petitioner, or any other person for him or on his behalf, in his custody, power, or disposition, any of the said bankrupt's estate or effects, as by the affidavit of your petitioner appears.

Your petitioner, therefore, humbly prays your Honors that he may be discharged from being one of the assignees under the said fiat, and that a meeting may be called under the said fiat for the choice of another assignee of the estate and effects of the said bankrupt in place or stead of your petitioner, and that such new assignee may be chosen and appointed accordingly, or that your Honors will please to make such order in the premises as to your Honors shall seem meet.

And your petitioner will ever pray

&c.

Affidavit to verify the same.

This is an affidavit of the facts stated, and is a mere echo of the petition, (omitting, of course, the prayer), and sworn before a Master. (See p. 147, post.)

Petition to remove an Assignee for Misconduct, or the like. Commencement same as the last form; then state the issuing of the fiat, (and appointment of official assignee where necessary), and then proceed as follows:

That, on the day of last, one J. G., of, merchant, and C. J., of merchant, were duly chosen and appointed assignees of the estate and effects of the said bankrupt, and the personal estate and effects of the said bankrupt, thereupon vested in the said J. G. and C. J., [jointly with the said A. B., official assignee], in trust to divide the same among all the creditors of the bankrupt, seeking, or who should thereafter seek, relief under the said fiat.

That your petitioner was and still is a creditor of the said bankrupt for the sum of £160, and hath accordingly proved the said debt under the said fiat.

That no dividend hath yet been paid by the said assignees, but the said J. G. hath received several sums of money under the said fiat, and is, and always hath been, ready and willing to account for and divide the same amongst the creditors of the said bankrupt, [or hath paid the same over to the said A. B.].

That the said C. J., the other assignee, hath also received several considerable sums of money under the said fiat; and also, as your petitioner hath been informed and verily believes, hath converted to his own use a large quantity of cheese, by him sold and consigned to the said bankrupt, and belonging to his estate, insisting that the same was never sold to the said bankrupt. And your petitioner and the said J. G., and others of the creditors of the said bankrupt, have from time to time applied to the said C. J., in order to inspect the account, and to prevail upon him to account for the said cheese so possessed by him as aforesaid, but which he refuses to do. [So stating the matter of complaint against the assignee sought to be removed.]

Your petitioner therefore humbly prays, that the

said C. J. may be discharged from being assignee under the said fiat, and that the commissioner authorized to proceed in the said fiat [or the major part of the commissioners in the said fiat named], do forthwith cause a meeting of the creditors of the said bankrupt to be duly had and held, for the purpose of proceeding to the choice of an assignee or assignees of the estate and effects of the said