order to surrender himself, and make a full disclosure and discovery of his estate and effects, and to finish his examination under the said fiat; and for your so doing, this shall be your sufficient warrant. Given under my [our] hand [s] and seal [s], this day of Το to --- 1840. -, messenger, and his assistant. ** To be signed and sealed by the commissioners, and given to the messenger, who will thereupon arrest the bankrupt, and bring him before them on the day appointed. 2. Other Examinations of the Bankrupt. Besides what is termed the final examination, the commissioners may call the bankrupt before them at any time, either before or after such examination, or even after he has obtained his certificate, for the purpose of examining him as to his trade, dealings, or estate. (See ante, Ch. 1, s. 11). For this purpose the commissioners first issue their Summons. This may be the same in form as the summons for a witness, (ante, p. 19), but instead of saying that the fiat was "awarded against Joseph Styles," &c., say, "awarded against you.” If the bankrupt be in custody you must get the commissioners to sign the following Warrant to bring up the Bankrupt. day of instant, at Same as the form, ante, p. 71, to the words] city of London, on next, the o'clock in the afternoon, in order to his being examined by me [us] pursuant to the statutes," [&c. as ante, p. 72, to the end]. If the bankrupt appear at the time and place appointed by the summons, and submit to be examined, he is then sworn, (see the form of the oath, ante, p. 19), and the solicitor reduces to writing his deposition, which he subscribes; and it is signed in the margin by the commissioners. The deposition may be in this form,— the Deposition. In the Court of Bankruptcy.] At the &c. [as before] on the 20th day of March, 1840. In the matter of Joseph Styles, against whom a fiat, bearing date 1840, was duly issued. day of Joseph Styles, late of - street, in the city of London, builder, dealer, and chapman, but now of -, in the same city, the person against whom the said fiat is awarded and issued, having come before Joshua Evans, Esquire, a commissioner of the said Court [or before the major part of the commissioners named in and authorized by the said fiat], and being sworn and examined before the said commissioner [or the major part of the commissioners named and authorized in and by the said fiat], upon his oath saith, that &c. If, however, instead of submitting to be examined, the bankrupt refuse either to be sworn, or to answer any of the questions put to him, or to sign and subscribe his examination, or if he do not answer satisfactorily, the commissioners may then commit him, as mentioned p. 72, ante; that is to say, in town fiats the commissioners may commit the bankrupt to the custody of a messenger, for examination, by a Subdivision Court, and that Court can commit him to prison; and, in country fiats, the commissioners may commit him immediately to such prison as they think fit. (See i. p. 272, ante.) The following may be the form of commitment in such cases:— Warrant of Commitment. Same as the form, ante, p. 72, 75, to the adjudication. And the said Joseph Styles afterwards, on the day and year and at the place above mentioned, being present before me the said commissioner [or us whose names are hereunto subscribed, being the major part of the commissioners in the said fiat named and authorized], I [we] proceeded to examine him touching matters relating to his trade, dealings, and estate; and the said Joseph Styles being then and there duly sworn, and required by me [us] to make true answers to all such questions as should be put to him, I [we] the said commissioner [s] did cause the following question to be propounded to him the said Joseph Styles, that is to say, [here state the question]: "To which question," [&c. as in the form, ante, p. 75, to the end]. But if the bankrupt have obtained an order of the Court of Review for enlarging the time for his surrender, then the warrant is the same as the form, ante, p. 73, to the words "notice &c., to be served upon the said Joseph Styles." And whereas the said Joseph Styles, before the said 13th day of September last, caused the said commissioner [or major part of the commissioners in the said fiat named and authorized,] to be duly served with an order of her Majesty's Court of Review, dated the day of for enlarging the time of the said Joseph Styles surrendering himself, and disclosing and discovering his estate, and finishing his examination, for the space of 49 days, to be computed from the said 13th day of September. And whereas the last Joseph Styles attended on me [us] on this day and surrendered himself in pursuance of the said order, in order to finish his examination, and to make a full disclosure and discovery of his estate and effects, and being then and there duly sworn &c. [as in the form, p. 72, 75.] And if the commitment is upon an adjourned examination, the warrant is the same as ante, p. 72, 75, to the surrender of the bankrupt; then as follows: And being then and there duly sworn and required by me the said commissioner [or us, the major part of the said commissioners,] to make such disclosure and discovery, he, the said Joseph Styles, was not able to give full and satisfactory answers to the several questions then and there put to him by me the said commissioner, [or us the major part of the said commissioners,] touching his estate and effects; and thereupon, at the request of the creditors of the said Joseph Styles then and there present, and also at the request of the said Joseph Styles, I, the said commissioner [or we the major part of the said commissioners,] did adjourn the last examination of the said Joseph Styles unto this day, at eleven o'clock in the forenoon, at the Court of the Commissioners of Bankrupt, Basinghall-street, (or other place of meeting). And whereas the said Joseph Styles attended me [us] at the aforesaid on this day, in pursuance of the said adjournment, in order to finish his examination, and to make a full disclosure and discovery of his estate and effects, and being then and there duly sworn &c. [as in form, p. 72, 75.] Supplemental Warrant of Commitment, where the Bankrupt having previously been committed, is brought up, at his own Request, for Re-examination. In the Court of Bankruptcy.] At the &c. [as before,] on the 20th day of March, 1840. Whereas Joseph Styles, of against whom a fiat in bank ruptcy hath been awarded and issued and is now in prosecution, was committed by a certain warrant, dated the day of under the hand [s] and seal [s] of A. B., C. D., and E. F., Esquires, the major part of the commissioners named and authorized in and by the said fiat, to her Majesty's gaol of for not satisfactorily answering certain questions at such time put to him. And whereas the said Joseph Styles hath, at his own request been brought before us, whose names are hereunto subscribed, being the major part of the commissioners named and authorized in and by the said fiat, on the day and year and at the place above mentioned, by , the keeper of her Majesty's said gaol of ; and various questions have been put to the said bankrupt, and, among others, the following, that is to say, [state the question,] to which the said Joseph Styles now answered [state the answer,] which answer not being satisfactory to us the said commissioners, these are to require and authorize &c. [as the conclusion of the form, p. 81.] But if the bankrupt do not attend according to the summons, the commissioners then, after deposition made of the service of the summons, and (it should seem) a memorandum made and signed of his non-attendance, may grant a warrant to take him before them. (See i. Ch. 1, § 11, ante.) The following may be the forms: Deposition of the Service of the Summons. At the Court of Commissioners of Bankrupt, the 20th day of March, 1840. Thomas Hamber, of London, one of the messengers of the Court of Bankruptcy, being sworn and examined the day and year and at the place aforesaid, upon his oath saith, that he this examinant did, on the day of last past, serve Joseph Styles, the person against whom the fiat in bankruptcy now in prosecution is awarded and issued, with a true copy of the summons hereunto annexed, by delivering the same to, and leaving it with a female servant of the said Joseph Styles, at his dwelling-house and usual place of abode in street, in the city of London, and at the same time shewed her the original summons hereunto annexed. And this examinant further saith, that he hath since seen the said female servant, who informed this examinant that she had delivered the said copy to the said Joseph Styles, which information this examinant believes to be true. Memorandum of his Non-attendance, and of granting the Warrant. At the &c. [as before,] on the 20th day of March, 1840. instant, by virtue day of -9 1840, Memorandum, That on the day of of a fiat in bankruptcy, bearing date the grounded upon the statutes made and now in force concerning bankrupts, awarded against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, I Joshua Evans, Esquire, the commissioner authorized to proceed upon the said fiat, [or we the undersigned, being the major part of the commissioners therein named], directed my [our] summons, with my [our] names thereunto subscribed, to the said Joseph Styles, thereby willing and requiring him personally to be and appear before the said commissioner [or the major part of the said commissioners], on the day and year, and at the place first above mentioned, at the hour of o'clock in the forenoon of the same day, to be examined by the said commissioner [or major part of the said commissioners], by virtue of the said fiat, and of the statutes therein mentioned; which said summons afterwards, on the instant, was, as hath been proved to me [us], duly served upon the said Joseph Styles. And this being the day so appointed by the said summons for the said Joseph Styles personally to appear before the said commissioner [or the major part of the commissioners aforesaid], for the purpose aforesaid, I the undersigned, being the commissioner authorized to proceed upon the said fiat, sat, [or we, the undersigned, being the major part of the said commissioners, met,] on the day and year at the place above mentioned, at the hour of o'clock in the forenoon of the same day, for the purpose, amongst other things, of examining the said Joseph Styles; and although I [we] there attended from thence until o'clock in the after day of noon, in expectation of the said Joseph Styles appearing before me [us] for the purpose aforesaid, according to the exigency of the said summons, yet the said Joseph Styles (having no lawful impediment made known to or allowed by me [us]) hath not appeared before me [us] as by the said summons he was required, but therein has wholly made default. Wherefore, by virtue of the fiat aforesaid, and of the statutes in such case made and provided, I [we] have this day granted my [our] warrant, under my [our] hand [8] and seal [s], bearing date the day and year and at the place first aforesaid, directed to the messenger, and to - his assistant, willing, requiring, and authorizing them to arrest the said Joseph Styles by his body, and bring him before me the said commissioner, [or the major part of the commissioners in the said fiat named], at the place above mentioned, on the day ofinstant, in order to his being examined. |