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parchment or strong paper to preserve them; and in London fiats make a short note for the Registrar, of the particulars required to be registered at his office, (see i. p. 2), and pay him 11s.

FIRST PUBLIC MEETING.

IN preparing for this first public meeting, the solicitor should furnish himself with blank forms- -1, (for country fiats), of the memorandum of an additional commissioner qualifying, if necessary;-2, of the memorandum of the bankrupt's not appearing to surrender :-3, of the memorandum of the bankrupt's surrender ;— 4, of the memorandum that no creditors appeared to prove upon the estate; and 5, the different forms of proof for debts.

First (in country fiats), if any of the commissioners attend who have not already qualified at the private meeting, the oath must be administered to him, (see i. p. 15), and the commissioner then subscribes the following

Memorandum of a single Commissioner having qualified.

At the &c., the 16th day of January, 1840.

In the matter of Joseph Styles, against whom a fiat in bankruptcy, bearing date the day of January, 1840, hath been issued.

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Memorandum. That J. K., a commissioner named in and authorized by the said fiat, did on the day and year, and at the place above mentioned, duly take the oath prescribed by an act of Parliament made and passed in the first and second years of the reign of his late Majesty King William the Fourth, intituled "An Act to establish a Court in Bankruptcy," for all persons to take who act as commissioners of bankrupt elsewhere than in the Court of Bankruptcy, before I acted in the execution of the said fiat.

Witness, [the solicitor or his clerk].

J. K.

If the bankrupt (not having surrendered at the private meeting, and which is certainly not very usual) do not surrender at this meeting, get the commissioner to subscribe the following :

Memorandum that the Bankrupt has not surrendered.

At the &c. [as before], the 31st day of January, 1840. In the matter of Joseph Styles, against whom a fiat, bearing date the twenty-first day of January, 1840, was duly issued. Memorandum, that [I, Joshua Evans, Esquire, a commissioner of this Court, or we, the major part of the commissioners named in and authorized by the said fiat] sat at the time and place above mentioned, pursuant to notice in the London Gazette for that purpose*; but the said J. S. did not surrender himself to me, [us], or make any disclosure or discovery of his estate or effects, or send any excuse why he did not.

[To be signed by the commissioner.]

But if the bankrupt should surrender at one of the days mentioned in his summons, then fill up the following memorandum, and get it subscribed by the bankrupt, and signed in the margin by the commissioner [or commissioners]; then fill up the indorsement on his summons, as directed ante, page 23; get it subscribed by the commissioners, and give it to him.

Memorandum of Surrender.

At the &c. [as before], the 16th day of January, 1840. In the matter of Joseph Styles, against whom a fiat bearing date the day of · -, was duly issued.

Memorandum, that Joseph Styles, of —, against whom the fiat now in prosecution is awarded and issued, did, at the time and place above mentioned, pursuant to notice in the London Gazette for that purpose, surrender himself to [me, the commissioner appointed to proceed upon the said fiat, or us the major part of the commissioners named in and authorized by the said fiat], and submitted himself to be from time to time examined touching the discovery of his estate and effects, and in all things to conform himself according to the directions of the statutes, in such case made and provided; and the said Joseph Styles being sworn and examined, at the time and place above mentioned, upon his oath saith, that he is not at present prepared to make a full disclosure and discovery of his estate and effects, but prays further time for the doing thereof, until the next day appointed in the London Gazette for that purpose, which is hereby granted accordingly.

[To be signed by the commissioner.]

Also, if no creditors appear at this meeting to prove their debts, get the commissioners to subscribe the following:

Memorandum that no Creditors appeared to prove their Debts. Same as the last form but one to the asterisk, and then thus; "but no creditor appeared to prove or claim any debt, under the said fiat." Or if the bankrupt also have not surrendered, it will be sufficient to add to the memorandum in that case (ante, p. 26) thus::-" nor did any creditor appear to prove," &c., as above.

But if any creditor appear to prove his debt, then fill up a deposition according to the nature of the debt, and after he has subscribed his name to it, get him sworn to it, and get his deposition signed in the margin by the commissioners. There are

usually three blank forms in each of the printed sheets of forms; and you intitle each sheet of the place and day of meeting, as in the form in the next page.

The creditor must, at the time he proves his debt, exhibit to the commissioners all the securities he holds for it; and a memorandum to that effect is written on each security, as directed post, p. 51. See i. Ch. 1, § 7. And if he has the bankrupt in custody, he cannot prove his debt without first giving a written authority for his discharge. The following is the form:

I, the undersigned, hereby authorize you [the gaoler or the person in whose custody the bankrupt is] to discharge Joseph Styles, of -9 the person against whom a fiat in bankruptcy hath been issued, and is now in prosecution, and who is now in your custody at my suit in respect of [state the demand, which must be prior to the bankruptcy], and which it is my intention forthwith to [claim or] prove under the said fiat.

To the gaoler of &c. &c.

Charles Windham.

Deposition on a Bill of Exchange or Promissory Note received from a Third Person.

At the &c. [as before], on the 20th day of August, 1840. In the matter of Joseph Styles, against whom a fiat, bearing date the 10th day of August, 1840, was duly issued. street, in the city of London, hosier, being sworn and examined the day and year and at the James Wyndham, of· place aforesaid, upon his oath saith, that Joseph Styles, the person against whom this fiat in bankruptcy is issued, was, at and before the date and issuing forth of the said fiat, and still is, justly and truly indebted to this deponent in the sum of twenty pounds, as indorsee [of a certain promissory note of one William Jackson, for that amount, dated the third day of January, in the year one thousand eight hundred and thirty-nine, at three months after date, payable to the said Joseph Styles or order, and by him indorsed to one Charles Johnson, and by the said Charles Johnson indorsed unto this deponent], for goods sold and delivered by this deponent for the full amount thereof, for which said sum of twenty pounds, or any part thereof, this deponent hath not, nor hath any person, by his order, or (to this deponent's knowledge or belief) for his use, received any security or satisfaction whatsoever, save and accept the said promissory note.

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Payable.

At what Date
drawn.

Indorsers.

Joseph Styles. 3 Months. Joseph Styles,
Charles Johnson.

***If the note or bill were due before the issuing of the fiat, you may also prove for interest up to that time (see i. Ch. for interest upon the same, at the rate of five per 1, § 7), then add to the deposition: "and also in the further sum of from the time of the said note [or bill] becoming due to the day of the suing out of the said fiat." It is necessary to state the consideration of the bill or note, and that it was for the full amount, or otherwise, as the

cent. per annum,

case may be.

In the matter of Joseph Styles, &c. [as before].

Charles Jameson, of &c. [as above], being sworn and examined the day and year and at the place aforesaid, upon his
oath saith, that Joseph Styles, the person against whom this fiat in bankruptcy is awarded and issued forth, was, at and
before the date and issuing forth of the said fiat, and still is, justly and truly indebted to this deponent in the sum of thirty
pounds for money lent and advanced by this deponent to the said Joseph Styles; for which said sum of thirty pounds, or
any part thereof, this deponent hath not, nor hath any person, by his order, or (to this deponent's knowledge or belief) for
his use, received any security or satisfaction whatsoever, save and except the bill of exchange following:-

Note or Bill.

Date.

Drawer.

Acceptor.

Sum.

Payable to

At what Date drawn.

Indorser.

£ 8.

d.

Bill.

Feb. 7, 1840. Edw. Fagan. John Irwin.

30

0

0 Joseph Styles. 6 Months. Joseph Styles.

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