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A B of, &c. maketh oath that C D of, &c. is justly Affidavit. and truly indebted unto him in the sum of .£100 and upwards, for goods sold and delivered by this deponent and his partner to and for the use of the sd C D and this deponent furr saith that the sd C D is become a oankrupt within the true intent and meaning of the statute made and now in force concerning bankrupts as this deponent hath been informed and verily believes A B Sworn at the public office the
day of before me
Affidavit in a Country Bankruptcy.
A B of, &c. maketh oath, &c. and this deponent furr saith that the sd C D is become, &c. And that the fiat of bankruptcy when obtained is intended to be prosecuted at aid or within ten miles of the same place and not within forty miles of London
Sworn at in the county of
the day of 18
T M (Master Extraordinary)
Bond given by Petitioning Creditor.
Know all men by these prests that I A B of, &c. am Obligation. held and firmly bound to the Right Hon the Ld High Chancellor of Gt Britain in the sum of j£200 of good and lful money of Gt Brit to be pd to the sd Ld H C or his certain atty his exs ads or ass to which paymt well and truly to be made I bind myself my hrs exs and ads firmly by these prests scaled with my seal dated this day of in the yr of, &c. and the yr of our Lord 18
Now the condition of this obligation is such that if Condition. the above bounden A B shall prove as well before his Maj. Ct of Bankruptcy [or, in a country bankruptcy, before commissioners to be appointed in a fiat agst C D of, &c] as upon a trial at law in case the due issuing forth of the sd fiat agst the sd Ct be tried that the sd C D is truly and justly indebted to the sd A B in the sum of £100 or upwards and is become bankrupt within the true intent and meaning of the statutes made and now in force concerning bankrupts some or one of them And if the sd A B shall cause the sd fiat to be prosecuted according to law then this obligation to be void or else to be in full force
Sealed and delivered by A B (Seal)
the above-named A B F K
in the presence of G H
Petition. Certificate of the Solicitor of the Petitioning Creditor
in the Country.
I do hby certify that the commissioners to be named in a fiat of bankruptcy intended to be issued against the sd C D are not nor is either of them to the best of my knowledge and belief creditors or a creditor of the sd intended bankrupt
The Creditor's Petition for a Fiat in Bankruptcy.
To the Right Honourable the Lord High Chancellor of Great Britain.
That C D being a trader and upon just and good causes indebted unto your petitioner in the sum of .£100 did lately commit an act of bankruptcy within the intent and meaning of the laws concerning bankruptcy Your petitioner therefore most humbly prays that your lordship will be pleased to issue your fiat authorizing your petitioner as such creditor as afd to prosecute his complaint in his Maj. Ct of Bankruptcy (or, in a country bankruptcy, ' before such discreet and proper persons as your lordship by such fiat may think fit to nominate and appoint to act as commissioner in that behalt )
And your Petitioner shall, &c. Petition for a Fiat where one is not proceeded in.
To the Right HonourIn the matter of C D of.&c. able the Lord High against whom a fiat of Chancellor of Great bankruptcy issued Britain
The humble petition of A B of, &c. a creditor of the sd
That on the day of a fiat was awarded and issued agst the sd C D on the petition of F K of, &c. directed to his Maj Ct of Bktcy (or, if in the country,' to £ F and G H esqrs therein ttpptd to act as commissioners')
That your petitioner hath ciiused the London Gazettes to be searched from the day of to the day of inclusive as by the affidavit of I P of, &c. hereto annexed appears and doth not find that the sd C D hath been declared a bankrupt
That your petitioner hath made an affidavit that the sd C D is justly and truly indebted unto him in the sum of £lOO and upwards and is ready to enter into Petition the usual bond to your lordship to ground another fiat in bankruptcy agst the sd C D which your petitioner hby undertakes to prosecute with effect for the benefit of himself and the rest of the creditors of the sd C D
Your petitioner therefore prays that your lordship will be pleased to order the fiat so awarded and issued agst the sd C D to be forthwith rescinded and annulled and that a new fiat may issue agst the sd C D directed to his Maj Ct of Bktcy (or, if in the country, 'to the sd E F, &c.')
Petition to enlarge the Time for the Bankrupt's
Obs. 1. This petition is presented to the Court of Review, the chief branch of the New Court of Bankruptcy, which, by s. 2 of the New Act, has power to hear and determine all matters brought before the Lord Chancellor under the old law.
2. The order to enlarge the time for the bankrupt's surrender, must be made six days before the expiration of the forty-two days. This may be done as often as the court thinks fit.
To the Court of Review
That your petitioner hath been duly declared bank-
That your petitioner did surrender himself to the sd commissioner on the day of last and submitted to be examined touching the disclosure and discovery of his estate and effects and conformed himself to the Act of Parliament now in force concerning bankrupts
That your petitioner is preparing and settling his accounts in order to make a full and true disclosure
Petition. and discovery of all his estate and effects but your petitioner finds his accounts so long and intricate that he cannot possibly finish the same by the time limited by the sd commissioners' summons and notice resply for that purpe
Your petitioner therefore most humbly prays that this Hon. Court would be pleased to order that the time for your petitioner's surrendering himself for fully disclosing and discovering his este and effects as the law in such cases requires be enlarged for the space of forty-nine days to be computed from the day of
Another Petition for the same purpose by the Assignee.
In the matter of C D To the Court of Review
of, &c. a bankrupt
The humble petition of A A of,&c. and B B of, &c. assignees of the este and effects of the sd bankrupt Sheweth
That the sd C D hath been duly adjudged a bankrupt and by summons under the hand of one of the commissioners of the Ct of Banktcy and also by notice, &c. to surrender himself, &c.
That your petitioners have been duly chosen assignees of the este and effects of the sd C D and find that he is in an ill state of health and a prisoner in the and is not prepared to finish his examination in the time limited for that purpose
Your petitioners therefore
Petition to the Lord Chancellor under the 19th Section
To the Right Hon &c.
That a fiat in bankruptcy bearing date the day of 18 upon the petition of E F of, &c. was issued against your petitioner directed to his Maj. Ct of Bank- Petition. ruptcy under which your petitioner having been adjudged a bankrupt by one of the commissioners of the Ct of Banktcy presented his petition to the Court of Review alleging as the fact was that your petitioner had not committed an act of banktcy within the true intent and meaning of the bankpt laws and praying that the sd adjudication might be reversed
That the matter of the sd petition coming on before the sd Ct of Review on the day of last the sd Ct directed an issue to be tried before the Chief Judge of the sd Ct upon the question whether your petitioner had so committed an act of bankruptcy or not
That on the day of last a verdict was found on such issue that your petitioner had not committed an act of bankruptcy within the intent and meaning of the bankrupt laws and the adjudication was thereupon reversed by the sd Ct of Review
Your petitioner therefore most humbly prays your lordship that the sd fiat may be rescinded and annulled at the expense of the sd E F and that the bond which has been entered into by him may be assigned to your petitioner and that he may pay the costs of this application or that your lordship will be pleased to make such an order in the preses as to your lordship shall seem meet
And your, &c.
Conveyance of Freeholds by Assignees of a Bankrupt to a
Obs. 1. Every species of property, whereof by possibility a profit might be made or Required by a bankrupt before his certi- What ficate, passed, under the old law, by virtue of the assignment and passes to conveyance, to the assignees, 3 P. Wms. 132. Hesse v. Stevenson, the as3 B. & P. 577, 8, and passes now by virtue of their appointment. signees. Sec Prcf. § 3. But a trusteeship does not pass; Winch v. Ktely, 1 T. R. 619 ; and by the 6 G. IV. c. 16, s. 79, the Lord Chancellor is empowered to appoint some other trustee, to whom the trust estate is to be assigned. Whatever interest the bankrupt has in his wife's estate, passes to his assignees; but property given in trust for the wife's separate use, will not pass. Itobinson v. Taylor, 2 B. C. C.589; Jarmanv. Woottoton, 3T. R.618; nor a legacy