pleased to issue your fiat, authorizing your petitioner, as such creditor as aforesaid, to prosecute his complaint [in her Majesty's Court of Bankruptcy]. day of And your petitioner shall ever pray, &c. 1840. Petition for a Country Fiat. This is the same as the preceding, except that instead of the concluding words, "her Majesty's Court of Bankruptcy," put "such discreet and proper persons as your Lordship by such fiat may think fit to nominate and appoint to act as commissioners of bankrupt in that behalf." ***Where a petitioning creditor is one of a firm, all the partners must join in the petition. It is usually prepared at the office of the Secretary of Bankrupts. Town Fiat. Upon reading the petition made to me by John Nokes against Joseph Styles as a trader, indebted to the said petitioner in [one hundred pounds or upwards, and as having committed an act of bankruptcy; and the said petitioner having made such affidavit and given such bond as by law required, I hereby authorize the said petitioner to prosecute his complaint* in her Majesty's Court of Bankruptcy in that behalf. Dated this twenty-fifth day of January, one thousand eight hundred and forty. To her Majesty's Court of Bankruptcy. Country Fiat. COTTENHAM, C. This is the same as the preceding, to the asterisk, then, "before A. B. and C. D., Esquires, and E. F., G. H., and I. K., Gentlemen, or before any three or more of them, whom I hereby nominate and appoint to act as commissioners in that behalf, of whom you the said A. B. or C. D. to be one. Dated this twenty-fifth day of January, one thousand eight hundred and forty. To A. B. and C. D., Esquires, and E F., G. H., and I. K., Gentlemen. COTTENHAM, C. *** To the fiat is added a memorandum, as follows:— N. B. By the terms of the fiat no meeting can be held at which at least one barrister, if there be one or more in the list, does not attend; but the solicitor must also observe, that by the act of 6 Geo. 4, c. 16, s. 23, it is provided, that where one or more barristers are named as commissioners, they, not exceeding three in number, shall be entitled to attend in preference to the solicitors. It is the duty of the solicitor, therefore, to summon all the barristers not exceed. ing three in number, to give them the option of attending. *** If the petitioning creditor does not proceed to prosecute the bankruptcy, in case of a town fiat, within fourteen days, or in case of a country fiat, within twenty-eight days, from the date thereof, any other creditor may annul the fiat (Ord. Lough. 26th June, 1793), and strike a new docket, but the same petitioning creditor cannot obtain a new fiat without special leave of the court (Ord. Thurlow, 6th Dec. 1788); and, by the practice at the Bankrupt Office, any other solicitor, during one day from that in which the above periods expire, shall be preferred to the one who struck the first docket. Having obtained the fiat, if it is to be prosecuted in town, the solicitor must procure it to be filed in the registrar's office [Serjeant Lawes'], within seven days of the date of the fiat (i. p. 29), and apply to the registrar for an appointment to open the fiat. The registrar will then, in the presence of the solicitor, allot the fiat by ballot to a commissioner, and write upon the face of the fiat the name of the commissioner to whom the fiat is so allotted, and the solicitor will then arrange with the commissioner for the meeting to adjudicate. In country fiats, the solicitor usually calls upon the commissioners, or writes to them if they reside at any distance, and appoints with them the time and place of the private meeting, which is not unfrequently at the solicitor's office; and we may recollect that, by stat. 6 Geo. 4. c. 16, s. 23, such of the barristers (not exceeding three at each meeting), named in the fiat, as shall be willing to attend, shall be the acting commissioner or commissioners, and shall be entitled to his or their summonses and fees accordingly, in priority to any of the other commissioners in the said commission named. (See i. p. 13.) MEETING TO ADJUDICATE. Before the time appointed for this meeting, it may be advisable to prepare, 1. A deposition of the petitioning creditor as to his debt; 2. A deposition as to the trading; 3. Depositions of witnesses as to one or more acts of bankruptcy; 4. A memorandum of the adjudication; and, (in the case of a country fiat), 5. A memorandum of commissioners having qualified, and also such other of the following forms as may be required at this meeting. The solicitor should also prepare a Title to the proceedings to be filed therewith. Title of Proceedings in a Town Fiat. Proceedings in her Majesty's Court of Bankruptcy under a fiat bearing date the twenty-eighth day of January, one thousand eight hundred and forty, [against Joseph Styles of street, in the City of London, builder, dealer and chapman], on the petition of John Nokes of - -, merchant, now tiled and entered of record in the said court. Title of Proceedings in a Country Fiat. Proceedings under a fiat in bankruptcy, bearing date the twentyeighth day of January, one thousand eight hundred and forty, against Joseph Styles of &c., and directed to A. B., C. D., E. F., G. H., Esquires, and I. K., gentleman, upon the petition of John Nokes of merchant. Title of Proceedings under a Commission removed into the Court of Bankruptcy. Proceedings in her Majesty's Court of Bankruptcy, under a commission of bankrupt under the Great Seal, dated the twentyeighth day of January, 1831, against Joseph Styles of street, in the city of London, [builder, dealer and chapman], on the petition of -, merchant, by virtue of which commission the said Joseph Styles was found and declared a bankrupt, since which the said commission has been removed into the said court, according to the statute. Memorandum of Commissioners having qualified. (In a country At the Fiat). In the town of Kingston-upon-Hull, 31st day of Memorandum.-That we, A. B., C. D., and E. F., Esquires, whose names are hereunder written, being the major part of the commissioners named in and authorized by a fiat in bankruptcy issued against Joseph Styles, of the town of Kingston-upon-Hull, builder, dealer and chapman, dated the twenty-eighth day of January, one thousand eight hundred and forty, did personally administer to each other, and severally take the oath prescribed in and by a certain 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 commissioners to take before they proceed to act in any fiat in bankruptcy, before we acted in execution of the said fiat. Witness [the solicitor or his clerk]. For the form of the oath, see i. p. 15, ante. A. B. C. D. E. F. Deposition of the Petitioning Creditor as to his Debt. In the Court of Bankruptcy. At the Court of Commissioners of Bankrupt in In the matter of Joseph Styles, of against whom a fiat, bearing date the second day of January, one thousand eight hundred and forty, was duly issued. John Nokes, of street, in the city of London, merchant, being sworn and examined at the time and place above mentioned before (Joshua Erans, Esquire, one of the commissioners of the said court) upon his oath saith, that the said Joseph Styles was, on or about the- day of -, [the date of the act of Bankruptcy], and still is justly and truly indebted unto this deponent [and to George Nokes his partner] in the sum of one hundred and seventyfour pounds, for goods sold and delivered by this examinant [and his said partner] to the said Joseph Styles, between the year one thousand eight hundred and and the day of in the year one thousand eight hundred and [stating some time before the date of the act of bankruptcy], and this deponent further saith, that he, this deponent [and the said George Nokes his partner, or either of them, have, or] hath not received any security or satisfaction whatsoever for the said sum of one hundred and seventy-four pounds, or any part thereof, [and if the creditor holds a bill of exchange for his debt, then add], save and except a bill of exchange, bearing date the fourteenth day of May, one thousand eight hundred and thirty-nine, and drawn by one A. B. upon and accepted by one C. D., payable two months after date to the order of the aforesaid A. B., and by him indorsed over to the said Joseph Styles, and by him to this deponent, and which said bill of exchange still remains wholly due and unpaid. JOHN NOKES. It may be here observed, that in all affidavits made under fiats executed in the country, the words in the heading, At the &c., must be varied according to the place where the affidavit is made, and instead of the words Joshua Evans, &c., between brackets, there must be inserted "the major part of the commissioners named in and authorized by the said fiat." This deposition should state the nature and amount of the debt, how and for what consideration the same arose, and the particular time or times at which the same accrued. Ord. Loughb. 26th Nov. 1798. And also describe the security, if any, which the creditor may hold for his debt, as in a common proof. (See p. 33, post). Deposition as to the Trading. James Bradly, of - street, in the city of London, maltster, being sworn and examined, at the time and place above-mentioned, before Joshua Evans, Esquire, one of the commissioners of the said court, upon his oath saith, that he hath known the said Joseph Styles for the space of six years now last past, during which time the said Joseph Styles did use and exercise [the trade and business of a builder, and sought] and endeavoured to get his livelihood thereby, as others of the same trade and business usually do. JAMES BRADLY. The above deposition is to be altered according to the nature of the trading: the following forms (to be inserted instead of the words between brackets) are suitable for trades of most usual occur rence. Banker.-The trade and business of a banker; and as such was intrusted with the money, goods, and effects belonging to other persons, and merchandized therewith, and sought, &c. Scrivener.-The trade or profession of a scrivener, receiving other men's monies [and estates] into his trust [and custody], and making merchandize thereof, and sought, &c. Stockbroker.-The trade and business of a broker, in buying and selling stock by commission, and procuring insurances on ships and cargoes for lucre and gain, and sought, &c. Factor. The trade of a factor, by buying and selling goods and commodities, as agent or factor for others, and sought, &c. Warehouseman.—The trade or business of a warehouseman, by receiving in his warehouse divers goods, wares, and merchandizes, for the keeping, sale, and safe custody thereof, and sought, &c. Wharfinger.-The trade or business of a wharfinger, by receiving and keeping divers goods, wares, and merchandizes, in and upon a certain wharf, and in certain buildings of his, for the purpose of landing and shipping the same, and sought, &c. Packer. The trade and business of a packer, by receiving into his possession divers goods, wares, and merchandizes, and packing and preparing the same for exportation and other purposes, and sought, &c. Pawnbroker.-The trade and business of a pawnbroker, and as such received goods and effects by way of pawn or pledge, and lent monies thereon, and sought, &c. Merchants.-The trade of a merchant, and did trade from this kingdom of England to Ireland, and divers other places beyond the seas, by exporting and importing divers kinds of goods and merchandizes, and sought, &c. Underwriter.-The trade or business of underwriter, by insuring ships or their freight, or other matters, against the perils of the sea, and sought, &c. Hosier. The trade or business of a hosier, by buying and |