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county take and subscribe before

one of his

Award by

a Com

Act.

Maj.'s Justices of the Peace acting in the sd county the oath by the sd Gen. Incl. Act directed and hereunto an- missioner nexed And whas I the sd (C) at my first and subse- under an quent meetings in pursuance and exercise of the power Inclosure and authty given to and vested in me by the 3d recited Acts and each of them did rece the claims of the proprietors and or. psns interested in the sd common fields commonable lds commons and waste grds by the sd first herein recited Act directed to be enclosed and such rights or claims as were objected to I did examine into hear and determine the same And I the sd (C) having appointed actual surveys and admeasurements of all the open fields commonable lds commons and waste grds the value and quantity of which it was necessy to ascertain for the purpe of the same Acts or either of them and of the maps and plans resply made drawn and verified by the sd (surveyor) and subscribed before me and hereunto also annexed accordg to the dirons as in the sd Acts contd And being now well satisfied as to the sevl and respive limits and boundaries of all the sd open common fields commonable lds commons and waste grds so far as the same were necessy to be ascertained for the purps of the sd Acts and having examined into all encroachments (except as in the first herein recited Act is excepted) and inclosures suggested to me to have been taken or made from any pt of the sd lds or grds thby directed to be divided and inclosed And having heard and examined the proofs and allegations concerning the same and having duly considered the quantity and quality and situation of all the sd open fields commonable lds commons and waste grds And also the rights shares and ints of the sd sevl proprietors and or. psns interested therein respecting which he she or they was or were entitled And having also considered the sales and exchanges of the lds tents and heredts hnbefe mentd and intended to be hby effectuated with the consent and approbation in writing of the sevl and respive ptics making the same And having duly and well considered as well all the public carriage roads and highways private roads bridleways footways ditches. drains watercourses watering places quarries hedges gates stiles mounds fences banks bounds and boundaries and landmarks which I have judged necessy and requisite to be set out and appointed in over upon and through the sd open common fields commonable lds commons and waste grounds directed to be inclosed as afd as also all and evy or. the matters circumstances and things referred to my award arbitration judgment

a Com

missioner

under an

Act. Award.

Award by and determination in and by the sd in pt recited Acts of Parlt or either of them Now Know ye That I the sd (C) on the day of the date of these prests in pursuance of and by virtue and in exercise of the sev Inclosure powers and authties to me given and in me vested in and by the same Acts of Parlt or either of them and of all and evy or. power and authty in any wise enabling me in this behalf make publish and declare this my final award order and arbitrament and determination touching the preses in manner and form following that is to say That the sd open fields commonable lds and waste grds by the first in pt recited Act directed to be set out divided and allotted by me as afd do contain in the whole in statute measure accordg to the sd survey delivered by the sd (surveyor) upon oath as afd (including the carriage roads highways bridleways footways and private roads hnaftr described) acres, &c. And I the sd (C) have set out and apptd and do hby award the followg public carriage roads highway and foot roads and private roads which I have adjudged and do hby adjudge necessy to be hraftr resply reserved in over and through the sd lds directed to be inclosed as afd and of which public notice hath been given subject to appeal and examination in manner required by the sd Gen. Incl. Act that is to say (here describe the several roads drains, &c. and by whom they are to be maintained and kept up and repaired) And I the sd (C') in pursuance of and in furr exon of the powers and authties so vested in me by the sd in pt recited Acts as afd have set out divided allotted and do set out, &c. All the residue of the sd open fields commonable lds commons and waste grds into and amongst the respive psns hnaftr named their sevl and respive hrs in sevlty in the sev and respive allotments pces and pels of lds marked and corresponding with certain numbers in Roman characters on the sd plans hereunto annexed and containing by the survey and admeasurement thof by the sd surveyor as afd in statute measure the sevl and respive quantities following be the same more or less and also sevlly and resply abutted and bounded in the manner Allotments hnaftr described that is to say I have assigned set out to proprie and allotted and do hby award unto the sd (Lord of the Manor) Lord of the Manor of, &c. (here describe the manorial allotments) And I have assigned, &c. unto the sd (Rector) rector of the sd parish, &c. (here describe the tithe allotments) And lastly I have set out divided and allotted and do, &c. all the residue of, &c. to and amongst the sevl proprietors, &c. in manner following (here describe the several allotments to the

tors.

Award of exchanged lands.

owners) And whas the following exchange of lds tents Award by and heredts has been mutually agreed upon and made a Combetn the sevl and respive pties hnaftr named that is to missioner. say N P and K L have mutually agrd to make an ex- Recital of change of the respive lds next hnaftr described namely an exof a certain close or pcl of grd called and contain- change. ing acres, &c. for a certain close or pcl of ancient inclosed ld situate in containing acres, &c. And also one rood of grd to the east as the same is now staked out or fenced off from the residue of a certain close or pcl of ancient inclosed grd called and the sd contracting pties have requested me to set out allot and award the same unto them in manner hnaftr mentd Now therefore Know ye That in pursuance of such agrt and request and in order that the sd exchange be ascertained specified and decld in this my award I the sd (C) do hby assign set out allot and award unto and for the sd K L his hrs and ass (in lieu of and exchange for the sd close called and the sd rood of ld hnbefe resply described) All that the sd close called with the appts thereto belonging And I the sd (C) do hby assign set out allot and award unto and for the sd N P his hrs and ass (in lieu of and exchange for the sd last mentd close) All that the same close called and the sd rood of ld with their respive appts And do order and direct that the sd N P his hrs and ass shall make and the sd K L shall maintain and repair a good and sufficient fence and ditch on the west side of the sd exchanged rood of ld In Witness, &c.

BANKRUPTCY.

§ 1. By the 1 and 2 W. IV. c. 56, s. 12, it is provided, that in lieu of a commission of bankruptcy, under the Great Seal, as by the old law, a fiat shall issue under the hand of the Lord Chancellor, or the Master of the Rolls, Vice-Chancellor, or any of the Masters of the Court of Chancery (acting under any appointment of the Lord Chancellor for that purpose) authorizing a creditor, who has complied with the requisitions of the Act, to prosecute it before such discreet and proper persons as the Lord Chancellor or the Master of the Rolls, &c. may think fit to appoint. Upon this fiat being filed and entered of record in the Court of Bankruptcy, any one or more of the commissioners may, by s. 13, proceed thereon in all respects as commissioners executing a commission of bankrupt, except as altered by this Act.

2. By the 6 G. IV. c. 16, s. 63, the commissioners were empowered to assign the bankrupt's personal estate, and to convey his real estate to the assignees; but by the 1 and 2 W. IV. c. 56, s. 25, it is provided, that all such personal and real estate as was formerly required to be assigned and conveyed by the commissioners to the assignees, shall vest in the assignees by their appoint

Fiat of bank

ruptcy.

Assignment to the assignees not necessary.

ment as fully to all intents and purposes as if such estate were assigned by deed. And in case of the death or removal of any assignee, the same shall vest in the new assignee, without any deed of assignment or conveyance: where the 6 G. IV. c. 16, requires the conveyance to the assignees to be registered or enrolled, the certificates of the appointment of the assignees is required, by s. 26 of the 1 and 2 W. IV. to be enrolled.

3. By the 6 G. IV. c. 16, s. 65, re-enacting the 21 Jac. I. c. 19, the commissioners were authorized to dispose of the Bankrupt's estate tail, in possession, reversion, or remainder, and such deed was to be good against all persons whom a fine or recovery or any other means might cut off or debar from any remainder, reversion, or other estate; but by the 3 and 4 W. IV. c. 74, s. 56, 7, 8, the commissioner is enabled, by any disposition of the bankrupt's lands for the benefit of the creditors, to create such an estate only as the actual tenant in tail might have done if he had not become bankrupt, i. e. subject to the consent or otherwise of the protector, if there be any. See Fines and Recoveries, and 3 and 4 W. IV. c. 74, Appendix.

Conveyance 4. By s. 68 of 6 G. IV. c. 16, commissioners are empowered of copyto convey copyhold estates immediately to a purchaser, whereby holds. the fine for the admission of the assignees is saved; and by s. 69 it is enacted, that if a vendee offer a competent fine to the lord, and the lord refuses, and will not admit him, he may enter. By the 3 and 4 W. IV. c. 74, the disposition, by the commissioner, of the copyholds of the bankrupt, where his estate is not equitable, is to have the same operation as a surrender, and the person to whom the disposition is made may claim to be admitted, upon paying the fincs and dues.

Official assignees.

5. Every deed of conveyance of freeholds by commissioners is, by the 3 and 4 W. IV. c. 74, s. 59, to be enrolled in his Maj. High Court of Chancery, within six calendar months after the execution thereof. And every deed of conveyance of copyholds must be entered within the same period on the court rolls of the manor of which they are parcel; and the consent of the protector, if there be any, must also in like manner be enrolled or entered.

6. Instead of the provisional assignees, which the 6 G. IV. empowers the commissioners to appoint, it is enacted, by s. 22 of the 1 and 2 W. IV., that official assignees shall be appointed by the Lord Chancellor, and that in London bankruptcies, each bankrupt's estate and effects shall vest in an official assignee, who, until the assignees are chosen, shall be deemed to be sole assignee. In country bankruptcies, the commissioners are still empowered to Provisional appoint provisional assignees, and to assign the bankrupt's estate assignees. and effects to them, according to the old law. Eden. B. L. 78. Stewart's Law and Pract. of the Court of Bankruptcy, 48. But provisional assignments ought not to be executed, unless where an extent is apprehended, or it is intended to carry on the trade. If executed without necessity, costs will not be allowed, Ex parte MWilliams, 1 Madd. 141. As to the conveyance by the commissioner or the assignees to a purchaser, see Precedents, and Observations thereon.

(a) Affidavit of Debt for obtaining a Fiat.

Obs. In a town bankruptcy, sworn before a Master in Chancery; in the country, before a Master Extraordinary.

(a) See Eden. B. L. Append. 112. Stewart, Law and Pract. of the Court of Bankruptcy.

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 Dankrupt 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

T M Master in Chancery

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 afd or within ten miles of the same place and not within forty miles of London

in the county of

Sworn at

[blocks in formation]

before me

18

TM (Master Extraordinary)

Bond given by Petitioning Creditor.

Obs. It requires no stamp.

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 £200 of good and Iful 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 sealed 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 CD 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

the above-named A B in the presence of

FK

GH

AB (Seal)

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