ndum of Application for the Appointment of an Assignee, n the room of one who has died or become Bankrupt.

= Court of Bankruptcy.]

At the &c. [as before,] the 16th day of August, 1840. the matter of Joseph Styles, against whom a fiat, bearing ate the day of - 1840, was duly issued.

remembered, that I, whose name is hereunto subscribed, Le commissioner authorized to proceed on [or we, whose re hereunto subscribed, being the major part of the comrs named and authorized in and by] the fiat in bankwarded and issued against Joseph Styles, of - street, ity of London, builder, dealer and chapman, having sat ether] the day and year and at the place above mentioned, g informed and given to understand that C. J., who togeJ. G. was lately chosen and appointed assignee of the nd effects of the said Joseph Styles, hath since died [or bankrupt]; and application in writing being now made us, the major part of the commissioners aforesaid], signed . N., a creditor of the said bankrupt, who hath proved his ler the said fiat, and is entitled to vote in the choice of asthat I [we] should cause due notice to be given in the Gazette, and in such other of the public papers as I [we] nk fit, of the time and place when and where I [we] shall to the choice of a new assignee, in the room and stead of C. J.; I [we] therefore order and direct that due notice be the London Gazette, and in the public newspaper, e said commissioner [or the commissioners in the said fiat or the major part of them] intend to sit [meet] at the [state meeting] on the day of next, when and where itors of the said bankrupt who have already proved their der the said fiat are to attend, in order to choose one or ignee or assignees of the said bankrupt's estate and effects, Dom of C. J., late one of the assignees who hath died, ne bankrupt].

Advertisement in the Gazette.

mmissioner [s] in a fiat in bankruptcy awarded and issued oseph Styles, of - street, in the city of London, builder, d chapman, intend to sit [meet] at the [state place of on the day of next, when and where the credihe said bankrupt who have already proved their debts e said fiat are to attend, in order to choose one or more or assignees of the said bankrupt's estate and effects, in 1 of C. J., late one of the assignees, who hath been disFrom being assignee by an order of the Court of Review uptcy, [or who hath lately died, or who hath lately become ].

Memorandum of the Choice of a new Assignee.

Same as the form, ante, p. 54, merely adding after the name, &c. of the new assignee, the words "in the room of C. J., late one of the assignees, who hath been discharged from being assignee by an order of the Court of Review in Bankruptcy. Or, if the new assignee has been chosen instead of one who has died or become bankrupt, add "in the room of C. J., late one of the assignees, who hath died" or "become bankrupt.'

Advertisement that the new Assignees have been chosen.

The commissioner [s] in a fiat in bankruptcy awarded and issued against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, do hereby give notice, that R. S. and S. T., late assignees of the estate and effects of the said bankrupt, [have been discharged from being assignees by an order of the Court of Review in Bankruptcy, or have lately died, or become bankrupt], and that L. M. and O. P. are appointed assignees in their stead, [and that the said bankrupt's debtors are not to pay their debts to the assignees so removed [or become bankrupt] as aforesaid.]

SUPERSEDING OR ANNULLING A FIAT.

Petition to annul a Fiat for want of Prosecution.

In the matter of J. S., against whom a fiat in bankruptcy hath been issued.

To the Right Honorable the Lord High Chancellor of Great Britain.

The humble petition of J. B., of

SHEWETH,

That a fiat in bankruptcy, bearing date on or about the day of ——, 1840, was issued against J. S., of ——, on the petition of J. N., of directed to [her Majesty's Court of

Bankruptcy.]

day of

in

That your petitioner hath caused the London Gazette to be searched from the day of to the clusive, being a period of days, but that it doth not appear in any of such Gazettes that the said J. S. hath been adjudged a bankrupt.

your petitioner hath made an affidavit that the said J. S. y indebted unto him, your petitioner, in the sum of [one d pounds] and upwards, and hath also entered into the usual your Lordship, to ground another fiat in bankruptcy against J. S., which your petitioner hereby undertakes to prosecute ect for the benefit of himself and the rest of the creditors of 1 J. S.

Your petitioner therefore humbly prays that your Lordship will be pleased to order the fiat so issued as aforesaid on the petition of the said J. N. to be forthwith annulled, and that a new fiat in bankruptcy may issue against the said J. S., directed to [the said Court of Bankruptcy], upon the petition of your petitioner, &c. And your petitioner

&c.

ris petition must be annexed an affidavit of search into the , as mentioned in the petition, the form of which is as fol

Affidavit of searching the Gazette.

the matter of J. S., against whom a fiat in bankruptcy hath issued.

of

maketh oath and saith, that a fiat in bankruptcy,

day of

date on or about the 1840, issued J. S., of —, on the petition of J. N., of, directed to ajesty's Court of Bankruptcy.] And this deponent further hat he this deponent hath searched the London Gazette day of to the

e

day of.

inclusive, being 1 of days, and doth not find in any of them that the S. hath been declared a bankrupt. n &c.

e fiat first issued was a country fiat, then in the petition and t, instead of the words "her Majesty's Court of Bank"between brackets, insert the names of the country comers,

thus: "A. B., and C. D., Esquires, and E. F., G. H., K., Gentlemen."

same where the Bankrupt has not committed an Act of Bankruptcy. Petition.

the matter of Joseph Styles, a bankrupt.

he Right Honorable his Honor the Chief Judge, and their onors the other Judges of the Court of Review.

he humble petition of the said Joseph Styles, TH,

That a fiat in bankruptcy, bearing date the ipon the petition of John Nokes, of

day of

was awarded and

issued against your petitioner, by the name and description of and addressed to her Majesty's Court of Bankruptcy, [or A. B., C. D., &c.].

That your commissioner hath been declared a bankrupt by the commissioner of the said Court of Bankruptcy acting under the said fiat, [or the major part of the commissioners in the said fiat named].

That your petitioner hath not at any time committed an act of bankruptcy within the true intent and meaning of the bankrupt laws.

Your petitioner, therefore, humbly prays that your

Honors will be pleased to order the said fiat to be annulled at the expense of the said John Nokes, the petitioning creditor, and that the bond which has been entered into by him may be assigned to your petitioner, and that the said John Nokes may pay the costs of this application; or that your Honors will be pleased to make such other order in the premises as to your Honors shall seem meet.

And your petitioner will ever pray &c.

Upon the hearing of a petition of this nature, the court will often direct an issue to try the fact; and, if the party who seeks to support the fiat intends, on trial of the issue, to rely upon any other act of bankruptcy than those sworn to in support of the flat, the court will require him, previously to the trial, to give the bankrupt notice of the acts of bankruptcy on which he intends to rely, and the evidence he intends to produce to support them.

Form of the Notice.

In the [state the court in which the issue is to be tried.].

Between John Nokes, Plaintiff,

and

Joseph Styles, Defendant.

Take notice, that, on the trial of the issue, the plaintiff intends to insist that the defendant did, on or before the date and issuing forth of the fiat of bankruptcy against him, commit an act or acts of bankruptcy, by beginning to keep house, and by departing from his dwelling-house, and to prove the same as follows: John Ward, a witness to prove the same, being then a clerk to the said Joseph Styles, did, on the day of —, 1840, receive orders from the said Joseph Styles &c. (See ante, pp. 10—17.)

Petition to annul a Fiat, after a Trial at Law.

In the matter of Joseph Styles, a bankrupt.

To the Right Honorable the Chief Judge, and their Honors the other Judges of the Court of Review.

The humble petition of the said Joseph Styles,

SHEWETH,

That a fiat in bankruptcy, bearing date the 1840, upon the petition of John Nokes, of

and issued against your petitioner, by the name and description addressed to her Majesty's Court of Bankruptcy, [or A. B.,

of

C. D., &c.].

That your petitioner hath been declared a bankrupt by the commissioner of the said court, authorized to proceed in the said fiat, [or the major part of the commissioners in the said fiat named]. That, on the last, your petitioner did duly surrender himself to the said commissioner [or the major part of the commissioners in the said fiat named].

day of

That although the said commissioner [or the major part of the said commissioners] declared your petitioner a bankrupt, yet, in fact, your petitioner never was a trader within the true intent and meaning of the bankrupt laws.

That, on or about your petitioner commenced an action of trover against J. G. and C. J., the assignees chosen and appointed under the said fiat, to recover certain parts of the property which they had seized as his assignees, under pretence of the said fiat; which said action came to be tried at the assizes at York, in the month of -, 1840, when, the said assignees not being able to prove your petitioner a trader within the meaning of the bankrupt laws, a verdict was found for your petitioner for the value of the articles so seized by the said assignees.

Your petitioner, therefore, humbly prays that your Honors will be pleased to order the said fiat to be annulled, at the expense of the said John Nokes, and that the bond which has been entered into by the said John Nokes may be assigned to your petitioner; and that the said John Nokes may pay the costs of this application, or that your Honors will be pleased to make such other order as to your Honors shall seem meet.

And your petitioner will ever pray &c.

The same when the adjudication has been reversed by the Court of Review.