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estate and effects of the said bankrupt, according to the act of parliament in that case made and provided; at which time and place you are to produce your receipts, and payments touching the same, in order to the making of a dividend and distribution of such part of the said bankrupt's estate as shall appear to be remaining in your hands. Given under my [our] hand [8] this

1840.

,

To J.G. and C. J., assignees of)

the estate and effects of Joseph

Styles, a bankrupt.

**To be signed by the commissioners.

day of

By 6 Geo. 4, c. 16, s. 101, the commissioners may at any time summon the assignees, and compel their attendance, with books, papers, &c. relating to the bankruptcy, for the inspection of their accounts. The following is the form of the

Summons to the Assignees.

This is the same as the above to the asterisk.] And then and there to produce all such books, papers, deeds writings, and other documents relating to the estate and effects of the said bankrupt as are in your custody or possession, according to the act of Parliament in that case made and provided. Given under my [our] hand [♥] day of in the year of our Lord, 1840.

this

To J. G. and C. J., assignees of

the estate and effects of Joseph Styles, a bankrupt.

To be signed by the commissioners.

This must be personally served upon the assignees by the messenger, and an affidavit of such service made, similar to the form, ante, p. 106, using the word "summons" instead of "order." If the assignees should not attend the summons, then the commissioners may issue their

Warrant to apprehend the Assignees.

Whereas a fiat in bankruptcy hath been awarded and issued, and is now in prosecution against Joseph Styles, of &c., under which fiat J. G., of &c., and C. J., of &c., were duly chosen assignees of the estate and effects of the said Joseph Styles, and as such have become possessed of property of the said bankrupt to a large amount, and also divers books, papers, writings, and other documents relating to the same. And thereupon I Joshua Evans, being the commissioner authorized to proceed on [or we, the major

part of the commissioners named and authorized in and by] the said fiat, did issue my [our] summons, bearing date the day of. directed to the said J. G. and C. J., thereby requiring them, [set forth the summons]; and which said summons was delivered to William Hamber, my [our] messenger, to be served on the said J. G. and C. J.; and the said William Hamber, having been previously sworn and examined by me [us], on his oath says, that the said summons was duly served upon the said J. G. and C. J., on the day of - last. And whereas the said J. G. and C. J. have not come before me [us] according to the requisition of the said summons, nor have they made known to me [us] at this sitting [our meeting] any lawful excuse or impediment for not appearing before me [us] for the purpose aforesaid.* These are therefore to require and authorize you to apprehend and take the said J. G. and C. J., and each of them, and to bring them before me [or the major part of the said commissioners] on the day of next, at [place of meeting], and to require them then and there to produce such books, papers, deeds, writings, and other documents, as are in their custody or possession, and in anywise relating to the said bankrupt's estate; and for so doing this shall be your sufficient warrant. Given under my [our] hand [s] and seal [s] this day of 1840.

To William Hamber, [our] messenger, and his Assistant.

*To be signed and sealed by the commissioners.

If the assignees, after being brought up upon the warrant, still refuse to produce the books, papers, &c., they may be committed. On the subject of commitment, we have before observed, that the practice differs in town and country fiats. (See p. 73, ante). The following is the form of commitment in country fiats from which, and the forms previously given of commitment of a bankrupt in town fiats, (p. 72, 75, ante), the forms of commitment of assignees in all cases may easily be drawn.

Warrant of Commitment (Country Fiat).

day of

Same as the last form to the asterisk.] Whereupon we issued our warrant under our hands and seals to the said William Hamber, our messenger, bearing date the —, requiring him to apprehend and take the said J. G. and C. J., and bring them before us, and to require them to produce such books, papers, deeds, writings, and other documents as were in their custody or possesssion, and in anywise relating to the said bankrupt's estate. the said J. G. and C. J. being so brought before us under and by virtue of the said warrant, and having been required to produce all such books, papers, deeds, writings, and documents as aforesaid, the said J. G. and C. J. have refused and now do, and each of them doth, refuse to produce the same or any of them. These are there

And

fore to will, require, and authorize you &c.

[Concluding as in form, p. 76, ante,] but instead of" full answer make &c., so put to him by us," you say, "shall produce all such books, papers, deeds, writings, and documents."

6. Further Dividend.

Advertisement of the Audit and Dividend.

Same as the form, ante, p. 107, except that instead of " and to make a dividend,” you say, "and to make a further dividend."

Memorandum of having audited the Assignees' Accounts. Same as the form, ante, p. 108, mutatis mutandis, except that after the words "all money received by them respectively under the said fiat," you add, “since their accounts were last audited by us."

Assignees' Account.

Same as the form, ante, p. 109, the first item on the debit side being, "To balance at the last audit, £- ." And see the form of the assignees' affidavit, if necessary, ante, p. 110.

List of Debts proved.

See the forms, ante, p. 110, 112, 114. Two lists must be made out one, of the debts proved since the last dividend; and the other, of all the debts proved, and the dividends payable thereon.

Order for a further Dividend.

At the &c. [as before,] the 16th day of August, 1840.

In the matter of Joseph Styles, against whom a fiat, bearing 1840, was duly issued.

date the

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Be it remembered that I, whose name is hereunto subscribed, being the commissioner authorized to proceed on [or we, whose names are hereunto subscribed, being the major part of the commissioners named and authorized in and by] a fiat now in prosecution against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, having sat [met together] the day and year and at the place above mentioned, in order

to make a further dividend of the estate of the said bankrupt, pursuant to notice in the London Gazette for that purpose given: and it appearing to me [us], by an order of dividend made the day of December last, that the assignees were ordered to divide amongst all the creditors of the said bankrupt who had proved their debts, and unto the claimants when they should have substantiated their claims under the said fiat, the sum of six shillings in the pound in proportion to their several debts; and that the assignees retain in their hands the sum of £50 8s. 1d. And it further appearing to me [us], by an examination of the proceedings, and by a statement in writing delivered to me [us] upon the oath of J. G. and C. J., the assignees, [or of J. G., acting assignee, C. J., the other assignee, not having received any part of the said bankrupt's estate and effects, as also appears to us upon the oath of the said J. G.] of the said bankrupt's estate, that there is the sum of £178 88. 7d. now in hand, which sum is composed as follows :—

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Deduction to be made from the gross sum received:

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Difference, being the sum to be divided £178 8 7

And it also appearing to me [us] that the debts proved and claimed on this and on former days, and now standing upon the proceedings, amount to the sum of £2,727 17s. 5d.—that is to say—

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And it also appearing to me [us] that the sum of £178 88. 7d., so being in the hands of the assignees to be divided, is sufficient to pay to the creditors who have this day so proved and claimed, the sum of six shillings in the pound, and to pay all the creditors and claimants the further sum of sixpence in the pound upon their several debts; I [we] do therefore order a dividend of six shillings in the pound to be paid to or retained for such of the said bankrupt's creditors who have this day proved or claimed. And I [we] do further order a further dividend of sixpence in the pound to be paid to all the said bankrupt's creditors who have proved their debts, and unto the claimants when they shall have substantiated their claims, in proportion to their several debts; which said dividends, as I [we] compute the same, will amount to the sum of £178 88. 7d.

**Two copies to be signed by the commissioners: one to be filed with the proceedings, and the other to be delivered to the assignees.

7. Final Dividend.

Previously to the making of a final dividend, all claims made upon the estate, and not substantiated, are struck out as a matter of course.

The advertisement and the other forms are the same as the forms under the two preceding heads, with the exception of the— Order for a Final Dividend.

In the Court of Bankruptcy.]

day of

At the &c. [as before,] the 16th day of August, 1840. In the matter of Joseph Styles, against whom a fiat, bearing date the 1840, was duly issued. Be it remembered that I, whose name is hereunto subscribed, being the commissioner authorized to proceed on [or we, whose names are hereunto subscribed, being the major part of the commissioners named and authorized in and by] a fiat in bankruptcy, now in prosecution against Joseph Styles, of street, in the city of London, builder, dealer, and chapman, having sat [met together] the day and year and at the place above mentioned, in order to make a final dividend of the estate of the said bankrupt, pursuant to notice in the London Gazette for that purpose given; and it appearing to me [us] by orders of dividend made on the day of December last, and on the day of August last, that dividends, to the amount of six shillings and sixpence in the pound, have been by me [us] ordered to be paid to the creditors or retained for the claimants.

And it further appearing to me [us] by an examination of the proceedings, and by a statement in writing delivered to me [us]

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