Bankruptcy, [or us who have hereunto set our hands and seals, together with G. H. and J. K., Esquires:] and the said Joseph Styles hath been duly found and declared to be a bankrupt within the true intent and meaning of the said statutes. And whereas it appears to me Joshua Evans, Esquire, one of the commissioners of the said court, [or us the major part of the commissioners in and by the said fiat named and authorized], that part of the estate and effects of the said Joseph Styles is now in the city of Cork in the kingdom of Ireland. These are, therefore, by virtue of the said fiat and of the powers given to me [us] by the said statutes, to will, require, authorize and empower you to enter into and open any house, chamber, shop, warehouse, door, trunk or chest, of the said Joseph Styles at Cork aforesaid, where any of the property of the said Joseph Styles shall be reputed to be, and the same being there found to seize the same, and what things you shall so seize, you shall cause to be inventoried and appraised, by honest men of skill and judgment, and return the same to us with all convenient speed. And what you shall so seize you shall also safely detain and keep in your possession until we shall give you order for the disposal thereof. And in case of resistance or the not having the key or keys of any door or lock belonging to such place or places as aforesaid, where any of the property of the said Joseph Styles shall be reputed to be, you shall break open or cause the same to be broken open for the better execution of this our warrant: this our warrant being first duly verified upon oath according to the true intent and meaning of the statute in that case made and provided: and you, the said William Burwood, (to whom this our warrant is directed), previously to the execution of it, deposing upon oath, before some of the justices of the peace residing in the county of Cork in Ireland aforesaid, that you are the proper person named in this our warrant. Given under my [our] hands and seal [s] this 1840.

To Thomas Hamber,

our Messenger.

day of

[To be signed and sealed by the commissioners.]

**This warrant must be verified upon oath by the solicitor to the fiat before the mayor or chief magistrate of the place where the fiat is executed, and who must affix his official seal; and the messenger must also make oath of his identity before a justice of the peace of the county where the warrant is to be executed; the forms are as follow:

Affidavit of the Solicitor.

L. M. of &c., Gent., maketh oath and saith, that he is the solicitor under a fiat in bankruptcy issued and now in prosecution against Joseph Styles, in the warrant hereunto annexed mentioned, and that he sued out the same as such solicitor against the said Joseph Styles; and this deponent saith that he did see [Joshua Evans, one of the commissioners of her Majesty's Court of Bankruptcy, or A. B., C. D., and E. F., Esquires, the major part of the commissioners to

whom the said fiat was directed] severally sign and seal the said warrant hereunto annexed; and that the names of the [several] commissioners subscribed to the said warrant are of the [several and respective] proper handswriting of the said [Joshua Evans, or A. B., C. D., and E. F.]

Sworn at the Mansion House,

in the city of London, this 1840, the

day of

common seal of the said city being at the same time affixed. A. B., Mayor.

Affidavit of the Messenger.

L. M.

Thomas Hamber, one of the Messengers of the Court of Bankruptcy, [or of the Commissioners of Bankrupt in the annexed warrant mentioned], maketh oath and saith, that he did receive the said warrant from Joshua Evans, one of the commissioners of the said Court of Bankruptcy, as his [or the said commissioners as their] proper warrant to seize the effects of the said Joseph Styles at Cork, in the kingdom of Ireland, and that he, this deponent, is the identical person named in the said warrant, and to whom the execution thereof is given by the said commissioners. And this deponent further saith, that certain property, part of the effects of Joseph Styles (the bankrupt named in the annexed warrant), is reputed to be in the city of Cork in Ireland.

Sworn at

in the county of Cork, this day of

1840, before me

William Burwood.

A. B. [One of her Majesty's Justices
of the Peace for the County of Cork.]

If the warrant is to be executed in Scotland, then, besides the above affidavit, it must (by section 30) be backed or indorsed with the name of a judge ordinary, or justice of the peace, in Scotland.

Indorsement on the Warrant.

The within warrant, having been duly verified as by law required, was exhibited before me this day of 1840, by Thomas Hamber, the person within named and appointed to execute the same, he the said Thomas Hamber deposing upon oath before me that he is the person named in the warrant. These are therefore to authorize the said Thomas Hamber, and all officers in the law in Scotland, to execute the same within the county (or "the burgh") of Given under my hand this day of

**The above warrant will not authorize the messenger to break into any doors, &c. of a house or place not belonging to the bankrupt. If property is suspected to be so concealed, the messenger must procure a search-warrant of a justice of the peace under the 29th section. (See the form, ante, p. 22.)

And lastly; having had all the proceedings signed by the com missioners, tack them in their order with the proceedings of the former meetings; and in London fiats, make a short notice for the house registrar, of the particulars required to be registered at his office, (see i. p. 2,) and pay him 11s.

SECOND PUBLIC MEETING.

THE solicitor will provide himself with such of the following forms as he may think will be required. He must also be provided with depositions for creditors to prove their debts, as directed, ante, p. 28-34.

Also, if the bankrupt surrender for the first time at this meeting, his surrender must be taken as directed, ante, p. 26, &c.

The business peculiar to this meeting, however, is the final examination of the bankrupt and the allowance of his certificate. As it may be necessary, however, in cases where the conduct of the bankrupt is involved in doubt or suspicion, to examine witnesses in order to ascertain whether there has been any concealment of effects, and as to other particulars, before the commissioners are so satisfied as to his conformity as to sign his certificate, or will allow him to pass his final examination, an examination of such witnesses may constitute a part, and a material part, of the proceedings at this and subsequent meetings before the bankrupt is allowed to pass his final examination, or the commissioners sign his certificate of conformity. We shall therefore treat of the matter of this section under the four following heads:

1. The Bankrupt's Final Examination.

When the bankrupt is in custody, the assignees must appoint some person to attend him, with his books, papers, and writings, to enable him to prepare his examination, a copy of which the bankrupt must deliver to his assignees, or their order or upos their application, at least ten days before his examination.

When the bankrupt appears, he is sworn, (the form of the oath is

the same as ante, p. 19), and the commissioners put such questions to him as will lead to a full disclosure of his estate and effects, and the manner in which he has disposed of them. As all this, however, is comprised in the Memorandum and Schedules following, the commissioners, in ordinary cases, will be satisfied with the bankrupt's swearing to the truth of these; but when any thing like fraud appears, or is suspected, the bankrupt is subjected to a severe examination by the commissioners, and frequently by counsel upon the part of the assignees or of some particular creditor. After he has undergone his examination, fill up the following Memorandum, Balance Sheet and Schedules; get them subscribed by the bankrupt, and signed in the margin by the commissioners.

Memorandum of the last Examination.

In the Court of Bankruptcy,

At the &c. (as before) the 16th day of August, 1840.

In the matter of Joseph Styles, against whom a fiat in bank-
ruptcy bearing date the
1840, was duly

issued.

day of

Memorandum. That Joseph Styles, the person against whom this fiat is awarded and issued, having come before me Joshua Evans, Esquire, a commissioner of the said court, [or us the major part of the commissioners in and by the said fiat named and authorized], in order to make a full and true discovery and disclosure of his estate and effects, and to finish his examination, pursuant to notice in the London Gazette for that purpose given, and being sworn and examined at the time and place above mentioned, upon his oath saith, that the several books which are now produced and delivered by this examinant, and severally marked with the letters A, B, &c., together with the goods and things seized by and under the said fiat, and the books, papers and writings, securities for monies, goods and effects, delivered up by this examinant to the assignees chosen under the said fiat, together also with four pounds seventeen shillings in money, and a silver watch and gold key, do contain and are a full and true disclosure and discovery of all this examinant's estate and effects, both real and personal, and how and in what manner, to whom and upon what consideration, and at what time or times, he has disposed of, assigned or transferred any of his goods, wares, merchandize, monies, or other estate or effects, and all books, papers, and writings relating thereto, or of which he was possessed, or in or to which he was anywise interested or entitled, or which any person or persons had or hath or have had in trust for him or for his use, at any time before or after the issuing of the said fiat, or whereby this examinant and his family have or may have or expect any profit, possibility of profit, benefit, or advantage whatsoever, (except only such parts of his estate and effects as before the issuing of the said fiat have really and

bona fide been sold or disposed of in the way of his trade and dealings, and except such sums of money as have been laid out in the ordinary expenses of himself and family). And this examinant further saith, that, at the time of this his examination, he hath delivered up to the said commissioner [or commissioners in the said fiat named, or the major part of them], or unto the assignees appointed under the said fiat, all such part of his goods, wares, and merchandize, money, estates and effects, and all books, papers, and writings relating thereto, as are now in his custody, possession, or power, (the necessary wearing apparel of this examinant, his wife and children, only excepted). And this examinant further saith, that he hath not removed, concealed, or embezzled any part of his estate, real or personal, nor any books of account, papers, or writings relating thereto, with an intent to defraud his creditors. JOSEPH STYLES.

Memorandum, The above-mentioned four pounds seventeen shillings, silver watch and gold key, were, by the consent of the creditors present, returned to the bankrupt; the bankrupt being asked the usual questions.

If the bankrupt is a foreigner, and it is necessary to have an interpreter, such interpreter must be sworn to the following deposition:

At the &c. [as before] the 16th day of August, 1840.] In the matter of Antonio Castello, of, &c., against whom a fiat in has been duly

bankruptcy, bearing date the day of

issued.

Francisco Bernales, of, &c., being sworn and examined at the time and place above mentioned, before me, Joshua Evans, Esquire, one of the commissioners of the said court, [or the major part of the commissioners in and by the said fiat named and authorized], upon his oath saith, that he hath faithfully and truly, according to the best of this examinant's skill and knowledge, interpreted the oath administered by the said commissioners to the said bankrupt: and this examinant further saith, that he hath faithfully and truly, according to the best of this examinant's skill and knowledge, interpreted to the said bankrupt his last examination hereunto annexed.