APPENDIX. bankrupt within the true intent and meaning of some or one of the statutes made and now in force concerning bankrupts, as this deponent is informed and believes.

Sworn at the public office in Southampton Buildings,

A. B.

2. Affidavit of several petitioning creditors.

3. The affirma

tion of a Quaker.

4. Affidavit to

btain a country commission.

A. B. of, &c. C. D. of, &c. E. F. of, &c. G. H. of, &c. severally make oath and say, and first this deponent A. B. for himself saith, that I. K. of, &c. is justly indebted unto him, this deponent, in the sum of £30 for, &c, And this deponent C. D. for himself saith, that, &c. [as before].

And all these deponents

say, that they verily believe that the said I. K. is become bankrupt within the true intent and meaning of some or one of the statutes made and now in force concerning bankrupts.

All sworn, &c.

A. B. E. F.

C. D.

G.H.

A. B. of, &c. being one of the people called Quakers, being examined upon his solemn affirmation, saith, &c. [as in affidavit, only that instead of the word "deponent," the word "affirmant” is made use of.]

(Same as the first form, ante, 655. to the end, and then proceed as follows.) And this deponent further saith, That the commission, when obtained, will be executed at (the country place), or within ten miles of the same, and not within forty miles of London.

The debt of two petitioning creditors must be £150, or three of

more £200. 5 Geo. 2. c. 30. sect. 23.

At the Rolls Coffee-house, in Chancery-lane, the

of

-

one thousand eight hundred and eleven.

A. B. of the parish of

day APPENDIX.

5. Proof of peti

being sworn and ex- tioning creditor's

W. B. amined, the day and year, and at the place above written,
upon his oath saith, that C. D., the person against whom
this commission of bankrupt is awarded and issued forth,
was, at and before the date and suing forth of the said
H. H. commission, and still is, justly and truly indebted unto
him this deponent in the sum of
for (the con-

sideration must be stated, see the forms of bills of exchange, infra, 657 to 660. proof of bills in different cases), and that the said sum became due at the time H. R. following, that is to say (here the time or times when the debt became due must appear.)

Signed'.

The time when the debt became due must be stated, or a bill of particulars with dates must be annexed and referred to in the depositions.

debt.

PROOF OF DEBTS.

6. Depositions for money lent, secured by bankrupt's promissory

note.

At Guildhall, London, 2d Dec. 1817. G. H. A. B. of, &c. being sworn and examined, the day and year, and at the place abovesaid, before, &c. upon his oath saith, that C. D. of, &c. the person against whom the commission of bankrupt, now in prosecution, is awarded and issued, was, before the date and suing forth I. K. of the said commission, and still is, justly and truly indebted unto him this deponent, in the sum of £100, for money lent and advanced by this deponent to the said C. D. for which said sum of £100, or any part thereof, this deponent hath not received any security or satisfaction whatsoever, save and except a promissory note, dated Exception of a the day of A. D.. under the hand of the promissory note.

L. M. said C. D., whereby he promised to pay to this deponent, on demand, the said sum of £100.

O. P.

7. On a promis sory note made by bankrupt, and indorsed by a third person to upon the creditor.

A. B. of, &c. being sworn, &c. that the said C. D. the person against whom, &c. was, at and before the date and suing forth of the said commission, and still is, justly and truly indebted unto this deponent in the sum of

All depositions must be signed by the witnesses.

UU

APPENDIX.

8. On notes of hand:-One made by the bankrupt and delivered to the creditor: the others indorsed to the creditor.

9. On a bill of exchange drawn and delivered by the bankrupt to the creditor.

a promissory note under his hand, dated the, given by the said bankrupt to one E. F. for, payable to him or Q. R. his order after date which note the said E. F. indorsed to I. K. who indorsed the same to this deponent for goods sold and delivered by this deponent to the said I. K. and money paid by him on account of the said note to that amount, and for which said sum of

or any

part thereof, this deponent hath not, nor hath any person to his use, received any security or satisfaction whatsoever, save G. H. and except the said note. '

S. D.

A. B.

A. B. of, &c. being sworn, &c. [as usual] and still is justly and truly indebted to this deponent, in the sum of £890 and upwards, for money lent by this deponent to the said C. D., before he became bankrupt, for which said sum of £890, or any part thereof, this deponent hath not received any satisfaction or security whatsoever, save the seven following promissory notes; one dated the 22d of May, 1809, under the hand of the said C. D. whereby he promises to pay to this deponent, or order, one year after date, £200 with interest; the other six promissory notes are under the hand of one A. F. aud made payable to the said C. D., and by the said C. D. indorsed to this deponent, and are for the several and respective sums following: one dated 19 September, 1809, for £150, payable six months after date; another dated 18 October, 1809, for £90, pașable six months after date; another 8 November, 1809, for £100, payable four months after date; another dated 4 December, 1809, for £115, payable five months after date; and the other of the said notes dated 26 December, W. M. 1810, for £125, payable six months after date.

I. B.

J. B.

A. B.

A. B. of, &c. being sworn, &c. saith, that C. D. the person, &c. was, at and before the date and issuing forth of the said commission, and still is, justly and truly indebted unto this deponent in the sum of, &c. and upwards, for money lent by this deponent to the said C. D. R. F. before he became bankrupt, for which said sum, or ang part thereof, he this deponent hath not, nor hath any person to his use, received any security or satisfaction what soever, save and except a certain bill of exchange, dated

the

and drawn by the said C. D. upon and accepted APPENDIX. and by the said C. D. indorsed and delivered to

G. H. by I. K.
this deponent.

A. B.

J. B.

in the county of

mercer,

A. B. of
being sworn, &c. that R. E. and F. E. the persons against
whom the commission of bankrupt is awarded and issued,
were, at and before the date and issuing forth of the said
commission, and still are, justly and truly indebted to this
deponent in the sum of
, upon two bills of ex-

change, both drawn by the said bankrupts, on H. U. and
and accepted by them, and
after date, to M. J. T. and Co. or

Co. merchants, of
both payable

R. F. order; one of them for the sum of

for the sum of

and the other for value in account, both or

which said bills of exchange are dated the

day of

and respectively indorsed by the said M. J. T. and Co. and by them delivered to the deponent, for goods sold and delivered by this deponent to the said M. J. T: and Co. and money paid to them on account of the said bills of exchange, to the full amount of the said bills of exchange, deducting the legal discount, and for which said sum, or any part thereof, this deponent hath not, nor hath any person to his use, received any security or satisfaction G. H. whatsoever, except the said bills of exchange.

A. B.

10. On a bill of exchange indorsed to the creditor by a third person.

J. B.

A. B. of, merchant, being sworn, &c. That P. H. the person against whom this commission of bankruptcy is awarded and issued forth, as being one of the partners, &c. was, at and before the date and issuing forth of the said commission, and still is, justly and truly in

R. F. debted unto this deponent in the sum of

for pre

or

miums on insurances, for which said sum of any part thereof, he this deponent hath not received any security or satisfaction whatsoever, save and except the G. H. under-mentioned bills of exchange and promissory notes.

A. B.

11. For a debt

secured by bills

set forth in a

schedule.

APPENDIX.

12. Form of a

claim. (The

claimant is not sworn.)

state the promissory note, bill of exchange, &c.)
Memorandum, That on the day and year, and at the place
above-mentioned, A. B. of, &c. claimed a debt under the com-
mission of bankrupt awarded and issued against C. D. of, &c.
of £100 to be due from the bankrupt to (the person for whom
the claim is made), by note of hand.

SECT. X.

"An Act for

Statute 9 & 10 W. 3. c. 17. intituled,
"the better Payment of Inland Bills of Ex-
change."

Bills of exchange drawn in England, &c. of £5 or upwards, pay

able at a certain

number of days,

&c.

"WHEREAS great damages and other inconveniences do "frequently happen in the course of trade and commerce, by reason of delays of payment and other neglects on inland bills "of exchange in this kingdom;" be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the four and twentieth day of June next, which shall be in the year one thousand six hundred and ninety-eight, all and every bill or bills of exchange drawn in, or dated at and from, any trading city or town, or any other place in the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, of the sum of five pounds sterling or upwards, upon any person or persons of or in London, or any other trading city, town, or any other place (in which said bill or bills of exchange shall be acAfter acceptance, knowledged and expressed the said value to be received), and is and and three days after it is due, shall be drawn payable at a certain number of days, weeks, or months after date thereof, and from and after presentation and acceptance of the said bill or bills of exchange, (which acceptance shall be by the underwriting the same under the party's hand so accepting) and after the expiration of three days after the said bill or bills shall become due, the party to whom the said bill or bills are made payable, his servant, agent or assigns, may and shall

may be protested.