LIST OF FORMS.

(The figures, in brackets, following the titles of the forms indicate the numbers in the Appendix to the Bankruptcy Act, 1883.

* The creditor's appeal against such rejection is by notice of motion, B. A sched. 2 (Re Gillespie, Ex parte Morrison, 14 Q. B. D.); B. R. 230, 232 (2).

[Ex parte (here insert "the Debtor," or "J. S. a creditor," or "the Official Receiver," or "the Trustee ").]

(2)

General Title (County Court).

87

88

89

90

90

In the County Court of

In Bankruptcy.

90

91

91

1

2. Request for Issue of Bankruptcy Notice.

In the [High Court of Justice].

hereby request that a bankruptcy notice be
issued by this Court against [here insert name, description, and address of
judgment debtor].

2. The said A. B. has for the greater part of the past six months
resided at [or carried on business at
within the district
of this Court [or, as the case may be, following the terms of s. 95 of the Act].
3. I produce an office copy of a final judgment against the said A. B.
obtained by [me] in the

4. Execution on the said judgment has not been stayed.
Dated this

[E. F., solicitor for the judgment creditor.] [NOTE.Where the debtor resides at a place other than his place of business, both addresses should be inserted.]

3. Bankruptcy Notice.
(Title.)

To A. B. [or A. B. & Co.] of

Take notice that within [seven] days after service of this notice on you, excluding the day of such service, you must pay to C. D. of claimed by him as being the amount

due on a final judgment obtained by him against you in the
Court, dated
; whereon execution has not been stayed, or you
must secure or compound for the said sum to [his] satisfaction or the
satisfaction of the Court; or you must satisfy the Court that you have
a counter-claim, set-off, or cross-demand against C. D. which equals or
exceeds the sum claimed by him, and which you could not set up in
the action in which the judgment was obtained.

Dated this

day of

19 "

By the Court,

Registrar.

You are specially to note,

Indorsement on Notice.

That the consequences of not complying with the requisitions of this notice, are that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you.

If, however, you have a counter-claim, set-off, or cross-demand which equals or exceeds the amount claimed by C. D. in respect of the judgment, and which you could not set up in the action in which the said judgment was obtained, you must within days apply to the Court to set aside this notice, by filing with the registrar an affidavit to the above effect.

[Name and address of solicitor suing out the notice] or

This notice is sued out by [C. D.] in person.

serve the above-mentioned A. B. with a copy of the above-mentioned notice, duly sealed with the seal of the Court, by delivering the same personally to the said A. B. at [place] before the hour of

noon.

in the

2. A sealed copy of the said notice marked A is hereunto annexed. Sworn at, &c.

L. M.

NOTE.-If the service is effected on one partner on behalf of his firm, the affidavit must, after the word "at," contain the words "being the principal place of business of the said

5. Affidavit on Application to set aside Bankruptcy Notice.

hereunto annexed [or, describe the notice].

That I have satisfied the judgment debt claimed by C. D. by [state nature of satisfaction].

Or,

2. That I have a counter-claim [or set-off or cross-demand] for £ being a sum equal to [or exceeding] the claim of the said C. D. in respect of [here state grounds of counter-claim].

3. That I could not have set up the said counter-claim [or, as the case may be] in the action in which the said judgment was obtained against

me.

Sworn, &c.

6. Creditor's Petition.

(Title.)

of

(a) Insert name of debtor.

(b) Insert

], hereby petition the Court that a receiving order may be made in respect of the estate of (a)

of (b)

and

and say,

present ad- lately carrying on business at [or residing at] (c)

dress and

description

of debtor.

1. That the said A. B. has for the greater part of six months

(e) Insert next preceding the presentation of this petition resided [or carried

address or

addresses at on business] at

which the

debtor has lately resided or

case may be, following the terms of section 95].

2. That the said A. B. is justly and truly indebted to me [or us [set out amount of debt or

carried on in the aggregate] in the sum of £

business.

Note. The debts, and the consideration].

address at

which the

debtor was

3. That I [or we] do not, nor does any person on my [or our]

residing or behalf hold any security on the said debtor's estate, or on any part

That I hold security for the payment of [or part of] the said sum† [but that I will give up such security for the benefit of the

all cases ap- creditors of A. B. in the event of his being adjudged bankrupt [or, and I estimate the value of such security at the sum of £

]. That I, C. D., one of your petitioners, hold security for the payment of, &c.

That I, E. F., another of your petitioners, hold security for the payment of, &c.

4. That A. B. within three months before the date of the presentation of this petition has committed the following act [or acts] of bankruptcy, namely [here set out the nature and date or dates of the act or acts of bankruptcy relied on].

NOTE.-If there be more than one petitioner, and they do not sign together, the signatnre of each must be separately attested, e.g. "Signed by the petitioner E. F. in my presence." If the petition be signed by a firm, the partner signing should add also his own signature, e.g. "A. S. & Co. by J. S., a partner in the said firm." If the debtor resides at any place other than the place where he carries on business, both addresses should be inserted.

day of

Indorsement.

This petition having been presented to the Court on the
it is ordered that this petition shall be heard at
o'clock

F

And you, the said A. B., are to take notice that if you intend to dispute the truth of any of the statements contained in the petition, you must file with the registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and send by post a copy of the notice to the petitioner [three] days before the date fixed for the hearing.

7. Affidavit of Truth of Statements in Petition.

(Title.)

I, the petitioner named in the petition hereunto annexed, make oath [if the petitioner declare or affirm, alter the form accordingly] and say :1. That the several statements in the said petition are within my own knowledge true. Sworn at, &c.

C. D.

NOTE.-If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge, he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining statements.

8. Affidavit of Truth of Statement in Joint Petition.

(Title.)

We, C. D., E. F., G. H., &c., the petitioners named in the petition hereunto annexed, severally make oath and say:—

And first I the said C. D. for myself say

1. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition.

2. That the said A. B. committed the act [or acts] of bankruptcy stated to have been committed by him in the said before-mentioned petition.

3. That A. B. has for the greater part of the past six months resided (or carried on business) at

And I the said E. F. for myself say

4. That A. B. is justly and truly indebted to me in the sum of pounds as stated in the said before-mentioned petition.

And I the said G. H. for myself say

5. That A. B. is, &c.

C. D.

E. F.

G. H.

Sworn by the deponents C. D., E. F., and G. H., &c.