his account; and that, upon payment to the said T. L. of what shall appear to be due to him on the taxation of his said bill, he may be ordered to deliver up to your petitioner the said fiat, the proceedings under the same, and all deeds, books, papers, and writings relating thereto; or that your Honors will please to make such other order in the premises as to your Honors shall seem meet.

And your petitioner will ever pray &c.

Petition by the Solicitor that the Assignees may pay his Bill.

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 T. L. of

SHEWETH,

solicitor,

That a fiat in bankruptcy, bearing date the

day of 1840, was awarded and issued against Joseph Styles, late of street, in the city of Bristol, builder, dealer, and chapman, and he was thereupon duly found and declared a bankrupt by the major part of the commissioners authorized by and acting under the said fiat.

and C. J., of

That J. G., of were chosen and appointed assignees of the said bankrupt's estate and effects. That the said J. G. and C. J., as such assignees as aforesaid, employed your petitioner to act as the solicitor under the said fiat; and that your petitioner accordingly acted as such solicitor, and did all the business necessary to be done by him as such solicitor. That your petitioner delivered to the said J. G. and C. J. his bill of costs for the business so done by him as aforesaid, and gave them notice in writing that the same would be taxed by one of the Masters of the Court of Chancery on the last: day of and the same was accordingly taxed by such Master, at the time last aforesaid, at the sum of £83 16s. 10d.

That your petitioner hath since shewn to the said J. G. and C. J. the said taxation, and demanded of them severally the amount thereof, which they have hitherto neglected to pay your petitioner.

unto

Your petitioner, therefore, humbly prays your Honors that you will be pleased to order the said assignees forthwith to pay your petitioner the amount of the said bill of costs so taxed by the said Master as aforesaid.

And your petitioner will ever pray &c.

Actions for or against Assignees.

1. Notice of Defendant's Intention to dispute Petitioning Creditor's Debt, &c., on stat. 6 Geo. 4, c. 16, s. 90.

In the Q. B. [or C. P., or Exch. of Pleas].

L. M. and O. P., suing as assignees of Joseph Styles, (an alleged bankrupt), against

You are hereby required, according to the form of the statute in such case made and provided, to take notice, that the defendant in the above cause intends, at the trial thereof, to resist and dispute the validity of the fiat of bankruptcy issued against the said Joseph Styles in the pleadings in this cause mentioned, and also the trading and act of bankruptcy on which the said fiat is supposed to be founded, and the petitioning creditor's supposed debt, in respect whereof the said fiat hath been issued; as well as the right and title of the plaintiffs to support this action as assignees under that fiat against the present defendant. And I do hereby give you notice, that you will be required to prove, on the trial of the said cause, and that the said defendant will then insist upon your proving, the trading of the said Joseph Styles, the act of bankruptcy upon which the said fiat is supposed to be founded, the time when it was committed, and the petitioning creditor's debt. And further, that you do produce upon the said trial the said fiat, and all proceedings whatsover had or taken under the same. Dated the day of 1840.

2. Notice of Plaintiff's Intention to dispute Bankruptcy &c.

In the Q. B. [or C. P., or Exch. of Pleas].

A. B., plaintiff,
against

C. D. and G. H., defendants.

Take notice, that the above-named plaintiff intends on the trial of this cause to dispute the petitioning creditor's debt, and the trading and act of bankruptcy of Joseph Styles, under the fiat of bankruptcy mentioned in the pleadings of this cause, [or, if they

are not mentioned in the pleadings], under a certain fiat of bankruptcy lately issued against the said B. B., and under which fiat the above-named defendants have been chosen assignees.

Dated

the

· day of

1840.

Yours &c.

E. F.

Plaintiff's attorney [or agent].

To C. D. and G. H., the above-named defendants, and to Mr. I. K., their

attorney [or agent].

JOINT AND SEPARATE FIATS.

In the case of separate fiats against persons in partnership the forms are the same as already noticed.

66

In the case of joint fiats the forms are also the same, except that where the bankrupts are named together, they are described thus: Joseph Styles and Samuel Styles, of street, in the city of London, builders, dealers, chapmen, and co-partners," [where they are described separately, then thus:] " Joseph Styles, against whom, together with Samuel Styles, (by the names and descriptions of Joseph Styles and Samuel Styles, of street, in the city of London, builders, dealers, chapmen, and co-partners), this fiat in bankruptcy is awarded and issued" &c.

Petition to allow Joint Creditors to prove under a separate Fiat.

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

of

merchant, joint creditor of the said Joseph Styles, and Samuel Styles his late partner, on behalf of himself and all other the joint creditors of the said Joseph and Samuel Styles.

SHEWETH,

That previously to the

day of

last the said Joseph

Styles and Samuel Styles carried on business in co-partnership together as builders, and became indebted to your petitioner and other persons in respect of such co-partnership.

That there is joint property of the said Joseph Styles and Samuel Styles.

That on or about the day of last a fiat in bankruptcy was issued against the said Joseph Styles, under which he was declared bankrupt; and the assignees chosen and appointed under the said fiat have taken possession of such joint property.

That your petitioner is informed, and believes, that the said Samuel Styles is insolvent, [or that he is gone abroad, and resides out of the jurisdiction of this Honorable Court].

Your petitioner therefore humbly prays your Honors that you will be pleased to order that your petitioner, and all other joint creditors of the said Joseph Styles and Samuel Styles, may be at liberty to prove their debts under the fiat against the said Joseph Styles, and that distinct accounts be kept of the joint and separate estates; and that the costs of this application be paid out of the joint estate; or that your Honors will be pleased to make such further order as to your Honors shall seem meet.

And your petitioner will ever pray &c.

Order for Dividend under a Joint Fiat.

Where there are separate and joint estates, and distinct accounts are to be kept, it is better not only to keep the accounts of the different estates distinct, but to make the orders for the dividends also distinct, specifying the estate out of which each dividend is made. They are sometimes included in the same order, but this is not nearly so plain or so intelligible a mode as that here recommended.

Certificate of the Commissioners under Lord Apsley's Order. 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.

We whose names are hereunto subscribed, being the major part of the commissioners authorized in and acting under a fiat in bankruptcy awarded and issued against Joseph Styles, of builder, dealer, and chapman, bearing date the

day of

in the -year of the reign of her present Majesty, do, in pursuance of an order made in bankruptcy, bearing date on or about the 14th day of February, in the year of our Lord, 1774, humbly certify that the said Joseph Styles was, at the time of his bankruptcy, in part.

nership with Samuel Styles, in the trade of a builder, and that the said partnership was at the date of the said fiat still subsisting;” [or that the same was finally dissolved, by mutual consent, on theday of last, or by the articles of agreement thereof expiring on the day of last]. And we further humbly certify, that a separate fiat in bankruptcy was awarded and issued before the issuing of the present fiat, and is now depending and in prosecution against the said Joseph Styles. And we further humbly certify that the said Joseph Styles, on or about the day of, 1840, obtained his certificate, duly allowed and confirmed, under the said separate fiat. In witness whereof we have hereunto set our hands this day of, in the first year of the reign of our Sovereign Lady Victoria, and in the year of our Lord, 1840. ***To be signed by the commissioner.

The same in Town Fiats.

Address as in the last, then] I whose name is hereunto subscribed, being one of the commissioners of her Majesty's Court of Bankruptcy authorized to proceed under a fiat in bankruptcy, bearing date the day of 1840, and addressed to the said Court of Bankruptcy, do, in pursuance, &c., [as in the last form to the end.]

Memorandum of having signed the above Certificate.

At the Court of Commissioners of Bankrupt, the 20th day of June, 1840.

Memorandum. I whose name [&c. as in the last form to the word "bankruptcy"], did, at the time and place aforesaid, sign my certificate to 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, in pursuance of an order made in bankruptcy bearing date the 14th day of February, 1774.

***To be signed by the commissioner.

It is no ground for staying a certificate under a second fiat that the commisioners have neglected to certify the former bankruptcy under this order. (Ex p. Black, 1 Rose, 60.)