The Sun.
London, England, 1842-11-15 00:00:00

gistrar attending such Court, in a book to be kept for
that purpose, and a minute of the date of registering
the same shall be made at the time, in writing, at the
foot of such fiat ; and such fiat shall not be opened,
upon the application of any other creditor than the
petitioning creditor, until after. the expiration of three
days from such date ; and such fiat shall be alloted by
ballot, or in rotation, and prosecuted as directed with
respect to a commission or fiat transferred to such
Court, subject to the like proviso in case of the ab-
sence of a Commissioner.
6. The present practice in the Court of Bank-
ruptcy, where not inconsistent with or otherwise di-
rected by the aforesaid Act or these rules and orders,
shall, until further order, be followed in such Court,
and in every district Court of Bankruptcy ; and every
proceeding in any district Court of Bankruptcy, where
notby the aforesaid Act or herein specially provided for,
shall, until the further order, be in the same form
(mutatis ndandis), and the paper thereof of the same
size, as is now used in the Court of Bankruptcy in
London, and shall be kept in such district Court, un-
less and until directed by the Lord Chancellor to be
transmitted to the Court of Bankruptcy in London.
7. Every attorney or solicitor of the court of Bank-
ruptcy having in his custody or power the proceed-
ings under any fiat of bankruptcy, opened, or pur-
porting by the proceedings to have been opened, at
any time after the passing of the Act 1 and 2 Wm.
IV., c. 56, shall forthwith bring such fiat and pro•
ceedings into the Court of Bankruptcy, or district
Court of Bankruptcy into which such fiat shall have
been transferred and removed (as the case may be), to
be registered in such Court, .and further prosecuted
therein, as hereinbefore in that behalf directed.

8. The deputy-registrar attending! the Com►nis-
sioner shall take minutes and have the charge of all
proceedings before him, and otherwise assist in the
business of the Court, subject in all cases to the control
of the Commissioner.

9. Every application by a petitioning creditor to
extend the time for opening any fiat shall be sup-
ported by affidavit to be filed in Court.

10. In every case where the time for opening any
fiat shall be extended under 5 and 6 Victoria, c. 122,
s. 4, the Commissioner shall forthwith cause notice to
be sent by the post to the Lord Chancellor's secretary
of bankrupts of the extended time allowed by the Court.
11. In every advertisement of an adjudication of
bankruptcy in the London Gazcge the date of the
fiat under which such adjudication shall have been
made shall be stated.

12. The personal attendance of the petitioning cre-
ditor, and of the witness or witnesses to prove the
trading and act of bankruptcy, upon the opening of
the fiat, shall in no case be dispensed with, except upon
special cause proved to the satisfaction of the Corn-
missioner.

13. If any person adjudged bankrupt intend to
dispute such adjudication, such person shall cause
notice of his intention so to do to be served upon the
petitioning creditor or his solicitor, an•d the deputy-
registrar of the Court, two days at the least before
the day of showing cause against such adjudication.
14. The bankrupt's balance-sheet must be filed in
duplicate with the deputy-registrar of the Court ten
days at least before the day appointed for the last
examination of the bankrupt, or the adjournment-day
thereof for that purpose (one copy for the official
assignee, and the other for the proceedings) ; and the
last examination of the bankrupt shall in no case be
passed by the Court unless his balance-sheet shall
have been duly filed as aforesaid; office copies of the
balance-sheet, or such part thereof as shall be required,
shall be provided by the proper officer.
15. Every bill of fees and disbursements, and
charges of any solicitor or attorney, or messenger,
under any commission or fiat in bankruptcy, incurlLed
prior to any sitting for an audit under such commis-
sion or fiat, shall be delivered to the deputy-registrar
for taxation five days,, at least, before the day ap-
pointed for such sitting ; and in default thereof, if
such sitting shall be adjourned by reason of such de-
fault, such solicitor or attorney, or messenger, shall
pay the costs occasioned by the adjournment, and the
amount thereof shall be deducted from the amount of
such bill; and no money shall be paid to any solicitor
or attorney, or messenger,
_on account of any fees or
disbursements or charges of any bill, until such bill
shall have been taxed.

16. The audit account of the official assignee, or of
any creditors' assignee or assignees, shall be made out
in the ordinary form of a debtor and creditor account,
each item thereof being entered according to its date,
and a name, date, and proper explanation given to
such item ; and a duplicate of such account shall be
sent by the official assignee to the solicitor two days
at least prior to the day appointed for the auditing of
such account, subject to the power of the Commis-
sioner to require an account, digested under proper
heads, to be annexed to the audit account, if he shall
think proper.
17. At every audit the debtor and property book
exhibited to the Court by the official assignee shall be
carefully examined and compared with the debts and
property collected as stated in the audit paper, and the
cause of any moneys remaining uncollected shall be
ascertained, and a minute thereof made, and filed
with the proceedings ; and all persons appearing to be
indebted to the bankrupt's estate shall be forthwith
summoned and examined in that behalf on oath, and
the examination so taken shall be filed with the pro-
ceedings ; and such directions shall be given by the
Court as to any further proceedings thereupon, as to
the Court shall seem fit.

18. No audit and dividend shall be appointed for
the same day, except for some special cause, to be
stated to the Court in writing at the time of such ap-
pointment, and allowed.
19. Under every fiat issued within six months be-
fore the commencement of the aforesaid Act, or here-
after to be issued, a final dividend shall be advertised
within two years after the date of such fiat ' • and under
every commission or fiat issued 12 months or more
prior to the commencement of the aforesaid Act, a
final dividend shall be advertised within 18 months
after the commencement of the aforesaid Act, unless,
in either of the cases aforesaid, there be some cause to
the contrary to the satisfaction of the Commissioner,
to be stated in writing, and filed with the proceedings.
20. The particulars of demand and notice under
the aforesaid Act, and specified in schedule A (No. 2),
shall, in cases where the debt demanded is claimed to
be due to a partnership firm, be signed by or in the
name of one of the partners, on behalf of himself and
partner or partners, adding after such signature the
style or firm of partnership and place of business as
follows :—(that is to say,) " John Thompson, for self
and partners, trading under the style or firm of
in the county of ;" and in cases
where the debt demanded is claimed to be due to any
one person, or to two or more persons not being part-
ners in trade, such particulars of demand and notice
shall be signed by or in the name of every such person
by his Christian and surname, and his or their resi-
dence or place of business, as follows :—(that is to
say, " Edward Jones. residing at , in the
county of , or carrying on business at
, in the county of 11
21. Such particulars and notice shall be directed to
the party or parties intended to be summoned by the
Christian and surname of each of them (or, when the
Christian name is not known, then by the initial
letter or letters, or some contraction of the Christian
name, and by the surname), and also by the place of
residence, in the same form as mentioned in the last
rule, and shall also contain in the body thereof a state.-
ment of the name or names of all the persons from
whom the debt is claimed to be due, whether the whole
of them shall be summoned or not, or (in case of part-
ners) the style or firm of partnership, and place of
business, in the same form as mentioned in the same rule.

22. The account in such particulars of demand shall
be expressed with reasonable and convenient certainty,
as to dates and all other matters : and where credit is
given in such account to the debtor, the notice shall
require payment of the difference, or balance only,
which appears to be due on such account.
23. If the affidavit for summoning a debtor under
the said Act shall not be filed within one calendar
month after service of the particulars of demand and
notice, the plaintiff (or creditor) shall not afterwards
be at liberty to proceed without serving new particu-
lars of demand and notice.

24. Every affidavit under the said Act shall be en-
titled of " The Court of Bankruptcy in London," or
" The Court of Bankruptcy for the District,"
(as the case may be).
25. Every affidavit for summoning a debtor under
the said Act shall state the nature of the debt
with the same degree of certainty and precision as is
now required in an affidavit to hold to bail by order of
a Judge in the superior courts at Westminster.
26. Every summons of a debtor under the said Act
shall describe the parties in the same manner as they
were described in the particulars ofdemand and notice.
27. Every such summons shall be endorsed with a
notice as follows :
" Notice to the Party Summoned.
" This summons is served upon you pursuant to the
provisions of the sth and 6th Victoria, c. 122, entitled
An Act for the Amendment of the Law of Bank-
ruptcy,' and is founded on affidavit of debt which was