witness whereof I have hereunto set my hand and seal this day of -, in the third year of the reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen Defender of the Faith, and in the year of our Lord, one thousand eight hundred and forty. Charles Jameson (L. S.).

Sealed and delivered

in the presence of J. T.

R.W.

***See ante, p. 53.-If this power of attorney be executed abroad, it must be attested by a notary public, or by a British minister or consul. (See 6 Geo. 4, c. 16, s. 124, i. p. 286.)

Affidavit of the Execution thereof.

Same as the form, ante, p. 53.

Affidavit of having seen the Creditors sign the Certificate.
In the matter of Joseph Styles, a bankrupt.

John Bett, of street, in the city of London, Gentleman, maketh oath and saith, that he was present on the twenty-seventh day of February last, and did see James Windham, and on the first day of March last did see John Franks for Charles Jameson, by power of attorney in that behalf, and on the said first day of March did see George Brook, for himself and partner (James Ward), severally subscribe their names, and the day of the month and year on which they so subscribed their names, at the foot of a certain instrument in writing, purporting to be a certificate under the hand and seal of the commissioner authorized to proceed upon [or under the hands and seals of the major part of the commissioners named and authorized in and by] a fiat in bankruptcy awarded and issued against the said Joseph Styles, that the said Joseph Styles, the bankrupt, had in all things conformed himself to the several statutes made and now in force concerning bankrupts; whereby they did testify and declare their consent to the said commissioner [s] signing and sealing the said certificate, and that the said bankrupt may have such allowance and benefit as are given to bankrupts by the said statutes, and be discharged from his debts in pursuance of the same.

A ready mode of computing the requisite value of the debts proved by the creditors who sign the certificate, is to multiply the aggregate amount of the debts of £20 and upwards, which have been proved, by 4, and then divide the multiplicand by 5. Thus,

if all the debts above £20 proved under the fiat be £389 78. 6d., multiply this by 4, and divide the result by 5, and it will give £311 108., as the amount of 4-5ths.

Affidavit by Bankrupt that his Certificate was fairly obtained.

Joseph Styles of street, in the city of London, builder, dealer, and chapman, the person against whom a fiat in bankruptcy, bearing date the day of1840, hath been awarded and issued, maketh oath and saith, that the certificate bearing date the day of -, 1840, under the hand and seal of Joshua Evans, Esquire, the commissioners acting in prosecution of the said fiat, [or hands and seals of A. B., C. D., and E. F., Esquires, three of the commissioners in the said fiat named], whereby he hath [or they have] certified to the Right Honorable the Lord High Chancellor of Great Britain, and the Right Honorable the Chief Judge, and their Honors the other Judges of the Court of Review in Bankruptcy, that he, this deponent, hath in all things conformed himself to the several statutes made and now in force concerning bankrupts; And the consent of all this deponent's creditors, who have signed their names [or marks] at the foot of the said certificate to the said commissioner [s] signing and sealing the same, and to this deponent's having such allowance and benefit as are given to bankrupts by the said statutes, and be discharged from all debts due by him when he became bankrupt, and from all debts and demands provable under the said fiat in pursuance of the same statutes, were obtained fairly and without fraud.

day}

of, 1840, before me

Joseph Styles.

Memorandum of Commissioners having signed the Certificate.

At the Court of Commissioners of Bankrupt,

the 13th day of March, 1840.

Memorandum, That I Joshua Evans, the commissioner authorized to proceed in [or, we, the major part of the commissioners named and authorized in and by] a fiat in bankruptcy, awarded and issued against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, sat [met] at the time and place above mentioned, and examined the proceedings under the said fiat: and finding thereby, and by the affidavit exhibited before me [us], that full four parts in five in number and value of all the

f

creditors who have proved their debts under the said fiat amounting respectively to twenty pounds and upwards, have signed their consent that the commissioner [s] should execute a certificate to the Right Honorable the Lord High Chancellor of Great Britain, and to the Right Honorable the Chief Judge, and their Honors the other Judges of the Court of Review in Bankruptcy, for the said bankrupt's discharge, according to the acts of Parliament for that purpose, I [we] the said commissioner [s] accordingly executed such certificate.

***To be signed by the commissioners. (See i. p. 288.)

When the certificate is signed by the creditors and commissioners, leave it, together with the affidavit of the creditors having signed it, (supra), and any powers of attorney to sign it that may have been given, with the Registrar of the Court of Bankruptcy, (pay him 8s. 6d. i. e. 68. 6d. for the certificate, and 1s. for each affidavit), who will thereupon give the solicitor an authority to the printer of the Gazette to insert the following—

Advertisement for the Allowance of the Certificate.

Whereas the commissioner [s] acting in the prosecution of a fiat in bankruptcy awarded and issued forth against Joseph Styles, ofstreet, in the city of London, builder, dealer, and chapman, hath [have] certified to the Right Honorable the Lord High Chancellor of Great Britain and to the Court of Review in Bankruptcy, that the said Joseph Styles hath in all things conformed himself according to the directions of the acts of Parliament made and now in force concerning bankrupts. This is to give notice, that by virtue of an act passed in the sixth year of the reign of his late Majesty King George the Fourth, intituled "An act to amend the laws relating to bankrupts," and also of an act 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," the certificate of the said Joseph Styles will be allowed and confirmed by the said Court of Review in Bankruptcy, unless cause be shewn to the contrary on or before the day of instant.

And if no cause be shewn within the time here mentioned, which is twenty-one days from the date of the Gazette, the Court of Review will allow the certificate, by the following subscription thereto.

Allowance thereof.

Court of Review in Bankruptcy, October 25, 1840.

Whereas the usual notice hath been given, and no cause shewn to the contrary, This Court doth allow and confirm the certificate. By the Court,

Wm. Barber, Registrar.

Discharge of a Bankrupt, if in Custody.

If upon the allowance of the certificate the bankrupt be in custody, take out a summons before the judge of the court where the action against him was commenced, calling upon the opposite attorney to shew cause why he should not be discharged; and upon attending before the judge in the usual way, and producing the certificate, and an affidavit that the debt in question accrued before the bankruptcy, or otherwise shewing it to be barred by the certificate, he will make an order upon the gaoler or officer who has the bankrupt in custody, to discharge him. If the bankrupt be in custody upon mesne process, the order is, that he shall be discharged upon filing common bail, or (in action by original or in C. B.) entering a common appearance; in which case you must file common bail or enter an appearance for him in the usual way; get a certificate from the officer with whom you file or enter it, of your having done so, and annex it to the judge's order before you deliver it to the gaoler. (See 1 Arch. Pr., 5th edit., pp. 86, 144, 810, and ante, i. p. 298.)

OTHER MEETINGS.

1. Meeting of Creditors to consent to the Assignees commencing Suits, &c.

If it be necessary or advisable for the assignees to commence a suit in equity, or to submit any matter in difference between them or the bankrupt and other persons to arbitration, or to compound any debts due to the bankrupt's estate, they must first call a meeting of the creditors, and obtain the consent of the majority of the creditors who attend, to their doing so; and twenty-one days' notice of the meeting must be given by advertisement in the Gazette, and no suit in equity shall be commenced by the assignees without such consent; provided that if one-third in value or upwards of such creditors shall not attend any such meeting whereof such notice shall have been given, the assignees shall have power, with the consent of the commissioners, testified in writing under their hands, to do any of the matters aforesaid. (See stat. 6 Geo 4, c. 16, s. 88, ante, Ch. 1, p. 404.) The following are the forms :

Advertisement thereof in the Gazette.

The creditors who have proved their debts under a fiat in bankruptcy awarded and issued forth against Joseph Styles, ofstreet, in the city of London, builder, dealer, and chapman, are desired to meet [the assignees of his estates and effects] on the 15th day of July next, at eleven of the clock in the forenoon, at the Court of Commissioners of Bankrupt, Basinghall-street, in