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 D F The Creditor's Petition for a Fiat in Bankruptcy. To the Right Honourable the Lord High Chancellor of Great Britain. Sheweth That CD 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 behalf) And your Petitioner shall, &c. Petition for a Fiat where one is not proceeded in. In the matter of C D of, &c. against whom a fiat of bankruptcy issued To the Right Honour able the Lord High Chancellor of Great Britain The humble petition of A B of, &c. a creditor of the sd CD a bankrupt Sheweth That on the day of a fiat was awarded and issued agst the sd CD on the petition of F K of, &c. directed to his Maj Ct of Bktcy (or, if in the country,' to EF and G H esqrs therein apptd to act as commissioners') That your petitioner hath caused the London Gazettes to be searched from the day of to the day of inclusive as by the affidavit of IP of, &c. hereto annexed appears and doth not find that the sd CD hath been declared a bankrupt That your petitioner hath made an affidavit that the sd CD is justly and truly indebted unto him in the sum of £100 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 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 The humble petition of C D a bankrupt Sheweth day of 18 That your petitioner hath been duly declared bankrupt and by summons under the hand of one of the commissioners of the Ct of Banktcy and also by notice in the London Gazette of the was required to surrender himself to one of the commissioners of the sd Ct of Bankruptcy to be examined on the day of the sd month of resply at eleven of the clock in the forenoon touching the disclosure and discovery of his estate and effects and on the day of next your petitioner was required by such summons and notice to finish his examination under the sd fiat 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 And, &c. Another Petition for the same purpose by the Assignee. In the matter of CD of, &c. a bankrupt To the Court of Review 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 CD 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 of the New Act, to annul Fiat upon the Revival of an Adjudication, by the Court of Review. 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 day of That the matter of the sd petition coming on before the sd Ct of Review on the 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 EF 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 acquired by a bankrupt before his certificate, passed, under the old law, by virtue of the assignment and conveyance, to the assignees, 3 P. Wms. 132. Hesse v. Stevenson, 3 B. & P. 577, 8, and passes now by virtue of their appointment. See Pref. § 3. But a trusteeship does not pass; Winch v. Keely, 1 T. R. 619; and by the 6 G. IV. c. 16, s. 79, the Lord Chancellor is empowered to appoint some other trustce, 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. Robinson v. Taylor, 2 B. C. C. 589; Jarman v. Woolloton, 3 T. R. 618; nor a legacy What passes to the assignees. Conveyance of Freeholds. Assignees to make a good title. Sales by .auction. Assignees not to be buyers. Bankrupt to join in conveyance. Recital of seisin. or chose in action which has not been reduced into possession during the husband's life. Mitford v. Mitford, 9 Ves. 87. The right of nomination to a vacant ecclesiastical benefice is excepted, by the 6 G. IV. c. 16, s. 77, from the several powers and rights which pass to the assignees; and the wife's necessary apparel is excepted, by s. 112, from the effects which pass to the assignee. By the 3 & 4 W. IV. c. 74, s. 67, the assignees are empowered to receive and recover the rents of all the bankrupt's copyhold lands, until they are disposed of by the commissioner; but they can receive or recover the rents of such only of the bankrupt's freehold estates as the commissioner may have power to dispose of after the bankrupt's decease. 2. It is now held, that assignees contracting to sell, are bound like other vendors to make a good title; White v. Foljambe, 11 Ves. 343, but they may stipulate to sell only such title as they bave; Macdonald v. Hanson, 12 Ves. 277. 3. The estates of bankrupts are usually sold by auction; but assignees are not prohibited from selling by private contract, if it be for the benefit of the creditors; Ex Parte Dunman, 2 Rose, 66. 4. No assignee, either personally or through an agent, can become the purchaser of the bankrupt's estate, without the consent of the creditors; Ex Parte Bennett, 10 Ves. 395. Ex Parte Bage, 4 Madd. 459. 5. By the 6 G. IV. c. 16, s. 78, the Lord Chancellor may order a bankrupt to be a party, and if he refuse, he is stopped from objecting to the sale, unless he mean to dispute the validity of the fiat or commission. 6. As to the enrolment of the certificate of the appointment of assignees, see Pref. § 3; and of the deed of conveyance by the commissioner, see Pref. § 5. This Indre made, &c. (a) Betn (official assignee) the official assignee of the estate and effects of (bankrupt) of, &c. a bankrupt of the first pt (general assignees) assignees of the estate and effects of the sd (bankrupt) of the second pt the sd (bankrupt) of the third pt and (purchaser) of, &c. of the fourth pt (b) Whas under and by virtue of the last will and testament of A B late of, &c. deceased bearing date the, &c. the sd (B) is seised to him and his hrs of an estate of inheritance in posson in fee simple free from incumbs And whas a fiat in (a) Where the bankrupt is tenant in tail, and the commissioner must be a party, (see Pref. § 3) say, 'Betu (commissioner) Esq. the commissioner of his Maj. Ct of Bankruptcy acting under a fiat of bankruptcy issued against (bankrupt) of, &c. of the first pt (official assignee) of, &c. the official assignce of the estate and effects of the sd (B) of the second pt (general assignees) of, &c. assignees of the estate and effects of the sd (B) of the third pt the sd (B) of the fourth pt and (purchaser) of, &c. of the fifth pt.' If there be a protector, who gives his consent by the same deed, he should be a party of the second part. See Fines & Recoveries, and 3 and 4 W. IV. c. 74, Appendix. (b) Where the bankrupt is tenant in tail, then recite, 'Whas A B late of, &c. decd by his last will and testmt in writing duly exted and attested for the devise of estates of inheritance and bearing date on or about the, &c. did give and devise all his messes or tents lds and heredts unto the sd (B) and the hrs male of his body Ifully begotten.' |