Registrar of Meetings. J. HODGSON. Official Assignees, And the Commissioners to whose Courts they are annexed. MR. COMMISSIONER WILLIAMS. GEORGE JOHN GRAHAM, No. 21, Basinghall-street. MR. COMMISSIONER MERIVALE. GEORGE GREEN, No. 18, Aldermanbury. MR. COMMISSIONER EVANS. GEORGE LACKINGTON, No. 84, Basinghall-street. MR. COMMISSIONER FONBLANQUE. PETER HARRIS ABBOT, No. 10, King's Arms-yard. ALEXANDER BRYMER BELCHER, No. 9, King's Arms-yard. WILLIAM PENNELL, No. 31, Basinghall-street. MR. COMMISSIONER FANE. WILLIAM WHITMORE, No. 2, Basinghall-street. MR. COMMISSIONER HOLROYD. JAMES FOSTER GROOM, No. 12, Abchurch-lane. JOHN WRIGHT. THOMAS HAMBER. JAMES ATKINSON. Messengers. THOS. EDW. STUBBS. JOHN CUTTEN. JAMES JOHNSTONE. BOOK II. THE PRACTICE AND FORMS IN CASES OF BANKRUPTCY. THE DOCKET AND FIAT. IN order to sue out a fiat in bankruptcy, the first step is to get the petitioning creditor to make the necessary affidavit of his debt, and to execute the usual bond to the Lord Chancellor. Affidavit of the Petitioning Creditor's Debt. John Nokes," of- - street, in the city of London, merchant, maketh oath, and saith, that Joseph Styles, of- - street, in the said city of London, builder, is justly and truly indebted unto him, this deponent, [and to George Nokes his partner], in the sum of one hundred pounds and upwards; and that the said Joseph Styles is become bankrupt, within the true intent and meaning of the statutes made and now in force concerning bankrupts, as this deponent is informed and verily believes. ***To be engrossed on plain paper; blank forms may be had at the stationers. It may be sworn either before a Master in Chancery in town, or before a Master Extraordinary in the country, not being the solicitor to the fiat or one of the commissioners. The addition given to the bankrupt in the affidavit, must be such as to shew that he is a trader within the meaning of the statute. See i. p. 37. Though usual, it is not necessary to set forth the consideration of the debt. Ex p. Harman, 2 Glyn & J. 26. The like where there are two or more Petitioning Creditors. John Nokes, of [as above], James Johnson, of George Denton, of , and -, severally make oath and say, and first this deponent John Nokes for himself saith, that Joseph Styles, [as above], is justly and truly indebted unto him, this of deponent, in the sum of eighty pounds; and this other deponent James Johnson for himself saith, that the said Joseph Styles is justly and truly indebted unto him, this deponent, in the sum of sixty pounds; and this other deponent George Denton for himself saith, that the said Joseph Styles justly and truly indebted unto him, this deponent, and to William Nares, this deponent's partner, in the sum of sixty pounds. And these several deponents, John Nokes, James Johnson, and George Denton, further say, that the said Joseph Styles has become bankrupt, within the true intent and meaning of the statutes made and now in force concerning bankrupts, as these deponents are informed and verily believe. Sworn (&e., as above). John Nokes. George Denton. The like where the Petitioning Creditor is an Assignee under the Insolvent Debtors' Act. John Nokes, of [as above], and James Johnson of —, assignee of the estate and effects of the said John Nokes, under and by virtue of an act made for the relief of insolvent debtors in England, severally make oath and say; and first, this deponent John Nokes for himself saith, that Joseph Styles, of [as above], was on the first day of June, 1839, justly and truly indebted to this deponent John Nokes in the sum of one hundred pounds for goods sold and delivered by this deponent John Nokes to the said Joseph Styles, and that this deponent John Nokes duly took the benefit of the Insolvent Debtors' Act after the said first day of June, 1839; and that this deponent James Johnson was appointed assignee of his estate and effects, pursuant to the statute in that case made and provided; and this deponent James Johnson for himself saith, that the said Joseph Styles is now indebted to this deponent James Johnson as the assignee of the said John Nokes, by virtue of such statute and appointment, in the said sum of one hundred pounds, and that the said Joseph Styles has become bankrupt, [as above]. The like for a Country Fiat. Same as the above forms, to the end, adding,] And that the fiat, when obtained, is intended to be executed at the town of Kingstonupon-Hull, or within ten miles of the same, and not within forty miles of London. Sworn at Kingston-upon-Hull, the day of eight hundred and me, E. C. Master Extraordinary in Chancery. John Nokes. In case the bankrupt does not reside at one of the places for which commissioners have been appointed under the 14th section of the new statute (see i. p. 12), the solicitor bespeaking the fiat is expected to certify what is the distance from the nearest of one of such places to his residence; the following may be the form : at "I do hereby certify that the residence of the said Joseph Styles aforesaid, is at the distance of I miles from the town of Kingston-upon-Hull, and that the said town of Kingston-upon-Hull is the nearest to the said residence of any place to which commissioners of bankrupt have been appointed." [To be signed by the country solicitor.] **When this affidavit is transmitted to the agent, and before it is lodged in the office of the Secretary of Bankrupts, the agent must indorse upon it his name, and the name and place of residence of the country solicitor. Ord. Loughb. 5th Nov. 1793. Thus; "L. M. Temple, agent for O. P., of Kingston-upon-Hull, solicitor." Affirmation of a Quaker. John Nokes, of- (as above), being one of the people called Quakers, upon his solemn affirmation saith that, [&c., and instead of" deponent," write "affirmant."] [Affirmed at (&c., as above).] Bond of the Petitioning Creditor to the Lord Chancellor, for a Town Fiat. Know all men by these presents, that I, John Nokes, of street, in the city of London, merchant, am held and firmly bound to the Right Honourable the Lord High Chancellor of Great Britain, in two hundred pounds of good and lawful money of Great Britain, to be paid to the said Lord High Chancellor, or his certain attorney, executors, administrators, or assigns; to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents, sealed with my seal, dated this day of, in the year of the reign of our Sovereign Lady Queen Victoria, and in the year of our Lord one thousand eight hundred and forty. The condition of this obligation is such, that, if the above bounden John Nokes shall prove, as well before [her Majesty's Court of Bankruptcy], under a fiat in bankruptcy against J. S., of, grocer, dealer and chapman, as upon any trial at law in case the due issuing of the said fiat shall be tried, that J. S. is justly and truly indebted to the said John Nokes in the sum of one hundred pounds or upwards, and that the said Joseph Styles hath become bankrupt; and if the said John Nokes shall cause the said fiat to be prosecuted according to law, then this obligation to be void, or else remain in full force and virtue. Sealed and delivered` in the presence of (Two witnesses). John Nokes (L. S.) The same for a Country Fiat. For a country fiat the bond is in the same form, except that instead of the words, "her Majesty's Court of Bankruptcy," put "the major part of the persons to be appointed in and by the said fiat to act as commissioners of bankrupt. *** This is to be engrossed on unstamped paper, and, in the case of country fiats, by the country solicitor, and attested by the Master Extraordinary before whom the affidavit is sworn, and by some other person. In the case of town fiats, it is usually prepared at the office of the Secretary of Bankrupts, for which you pay £1 78., and attested by one of the clerks there and some other person, usually the solicitor. Where the petitioning creditors are partners, all must be named in the bond; but though places are left for their seals and signatures, the bond is usually executed by one only. If the petitioning creditors are not partners, they must all execute the bond. When the affidavit is sworn and the bond executed, leave them at the office of the Secretary of Bankrupts, who will make an entry in the docket book, (which is termed “striking the docket"): and before you proceed thus far, you should search in the docket book, to ascertain whether a docket have not already been struck against the same party by some other person. Upon the affidavit and bond being left in the office, the clerk will prepare the petition; will annex the affidavit and bond to it, and thereupon obtain the Lord Chancellor's fiat. Pay him £1 12s. 6d. in part of the fees for the petition and the fiat, and upon the granting the fiat you pay a further sum of £8 78. 6d., which, with the £1 12s. 6d. make the £10 required by the 45th section of the New Statute, post. Petition for a Town Fiat. To the Right Honourable the Lord High Chancellor of Great Britain. The humble Petition of John Nokes, on behalf of himself and all others the creditors of Joseph Styles of street in the city of London, merchant, sheweth, that the said Joseph Styles being a trader within the true intent and meaning of the statutes now in force concerning bankrupts, and being indebted unto your petitioner in the sum of £100 or upwards, did lately commit an act of bankruptcy within the true intent and meaning of the said statutes, some or one of them, and that your petitioner hath filed such affidavit, and given such bond as is by law required. Your petitioner, therefore, humbly prays that your Lordship will be |