at

No. 171.

Certificate by Trustee as to Charges.

THE BANKRUPTCY ACT, 1869.

In the London Bankruptcy Court [or, the County Court of

].

In the matter of

holden Pratice,

I hereby certify that the bill of costs hereunto annexed does not contain any charge for work done for which I claim any remuneration.

Pp. 1366-7.

Dated this

Witness,

day of

at

No. 172.

Notice of Application to dismiss Debtor's Summons.

THE BANKRUPTCY ACT, 1869.

In the London Bankruptcy Court [or, the County Court of

day of

noon, at the

day of before

In the matter of a debtor's summons by Take notice that the Court has appointed

for the hearing of an application by the said debtor that the said summons may be dismissed.

In the matter of proceedings for liquidation by arrangement or composition with creditors, instituted by

I, being the attorney in the above matter, hereby make application for the file of documents to be delivered to me under Rule 9 of "The Bankruptcy Act, 1869," for the purposes of a [insert here second or adjourned, &c., as the case may be] meeting to be held on the 187 and I hereby undertake to return them to the Office for Registration of Arrangement Proceedings, 2, Quality Court, in the same condition as received by me without any delay. Received from the Office for Registration of Arrangement Proceedings, the above file. Dated

, 187.

PP. 1390 et sey.

Practice, PP. 1375 et seq.

No. 175.

Summons of Debtors to Estate.

THE BANKRUPTCY ACT, 1869.

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To [name, address, and occupation of witness] greeting-we command you, that all things set aside and ceasing every excuse you be and appear in your proper person before the Chief Judge of the London Bankruptcy Court at Basinghall Street, in the City of London, on 187 by of the clock in the

the

day of

neon

of the same day; and also that you bring with you, and produce at the time and
place above-mentioned, all ledgers, and books of account, invoices, statements of
account, letters, books, papers, and documents of every kind, in any manner re-
lating to your dealings and transactions with
a bankrupt [if liquidating
debtor, strike out a bankrupt and insert a liquidating debtor], and to testify the
truth according to your knowledge in the matter of a certain bankruptcy [iƒ liqui
dation, strike out bankruptcy and insert liquidation] petition now in our London
Bankruptcy Court aforesaid presented by
touching a
debt alleged to be due by you to the said bankrupt's [strike out bankrupt's and
insert liquidating debtor's] estate amounting to the sum of £
of the trustee of the property of the said
said matter; and hereof fail not at your peril.
Given under the seal of our London Bankruptcy Court the
187

against

on the part

and at the aforesaid day in the

day of

Registrar.

NOTE. This summons is issued on the application of
and on behalf of the said
and take notice that if the sum of £
stated to be due by you to this estate be paid to the said
before the
day of

, the solicitors for

at

187 this summons will be discharged.

APPENDIX VI.

THE BANKRUPTCY ACT, 1869.

SCALE OF ATTORNEYS' COSTS.

Petitioning Creditor's Bill of Costs to the Appointment of Trustee.

Instructions for petition

Examining witnesses as to trading, where necessary
Ditto as to act of bankruptcy

Examining particulars of petitioning creditor's account

The act of bankruptcy being a declaration admitting inability to pay, filed by the attorney to the petitioner, or an assignment prepared by the attorney to the petitioner, or default made upon a debtor's summons issued by the attorney to the petitioner, these two last charges will not be allowed. The expense of an assignment will not be allowed where a declaration of inability would answer the purpose.

If attorney reside at a distance:--

Writing agent to search for prior petition

Agent's writing result of search

Searching, if prior petition filed

Drawing bankruptcy petition, including order for hearing

If exceeding 10 folios, a shilling a folio.

.

38. 6d.

38. 6d.

Ingrossing same, 4d. per folio only to be allowed where the petition

exceeds seven folios.

Paid for stamp and parchment.

Attesting signature of each petitioner, except in case of partnership .
Drawing and fair copy affidavit verifying petition

Attending petitioner to be sworn

Two copies of petition for sealing, 4d. per folio.

Paid oath (if paid)

Preparing subporna and serving witnesses, or arranging with witnesses for their attendance on presentation of petition

0 13 4

Paid them

See Witnesses' Scale. Petitioning creditor is not to be regarded
as a witness, and is not to be paid for loss of time; he may claim
his expenses of travelling and subsistence.

Attending on presentation of petition when Court investigated statements
therein, and clerk

One fee only for attending will be allowed, unless by direction of
the Court at the time, and a memorandum of its allowance pro-
duced to the taxing officer.

100

Drawing order for hearing of petition

Service of petition (see General Rules).

Attending Court on hearing (where debtor does not appear or dispute), including two fair copies of adjudication and certificate of registrar's appointment of trustee

Drawing order for bankrupt's attendance at first meeting, service and attending and obtaining signature.

Attending first meeting and clerk

£ 8. d.

034

100

and copy for

Where Act of Bankruptcy the filing a Declaration of Inability to Pay.

Drawing declaration for inability to pay

Attending attesting

Paid stamp

0

68

0

68

Attending filing

Where Act of Bankruptcy is an Assignment for Benefit of Creditors
(to be allowed only by special Order of the Court).

Costs where the Debtor is required by the Court to enter into a Bond.

Attending making inquiries as to sufficiency of sureties

0 13 4

This charge will be subject to increase, according to the distance
of the sureties' residence; and, where necessary, agency charges
for making such inquiries.

0 34

0 50

0 13 4

Drawing exceptions to sureties

Service thereof on debtor's attorney

Attending Court when sureties allowed or disallowed

Costs of affidavits in opposition to the allowance of the bond for want of sufficiency of sureties, the same allowance as for other special affidavits.

Costs of Debtor's Summons, where the Court allows Costs to Debtor on Dismissal

of Summons.

The debtor's personal expenses for travelling and loss of time, according

to the scale allowed to witnesses.

And if attended by a solicitor, and his costs allowed (which must

be by special order of the Court).

Instructions to attend the Court on the summons

.068

Affidavit of denial of debt

Paid stamp

Attending Court on hearing of summons, and drawing up order

Attending for appointment to tax, and copy and service of order and

appointment.

Attending taxing.

Paid allocatur stamp

0

16

Costs of Application to prosecute a Petition in a particular District, or to transfer Petition from one District to another.

Instructions for affidavit to ground application.

Drawing same, 1s. per folio.

Fair copy, 4d. per folio.

Attending deponent to be sworn
Paid oath

Attending Court when order made, and drawing up same

Costs on Application for Warrant.

Instructions for affidavit in support of application for warrant

Drawing same, per folio 18.

Fair copy, per folio 4d.

Attending to read over and to get same sworn

Attending Court, warrant granted

Fair copy, per folio 4d.

Attending officer, instructing him as to the execution of the warrant

Costs of disputing Statements in Petition.

Attending debtor served with copy of petition, taking instructions to

show cause against same

8

. 0 6 8

06 8

Drawing notice showing cause

Two fair copies for service

Service on creditor, including postage

Ditto registrarsidering

Perusing and considering petition

Examining witnesses in opposition

Costs of brief, and counsel's fee, where requisite to employ counsel. Attending Court

400080

6

0 2 03 036 0 6

0 10

1 00

Petitioning Creditor's Costs on Bankrupt disputing Statements in Petition. The debtor having served notice of disputing the statements in petition, attending petitioner.

Special attendances will be allowed to examine witnesses as to the
facts they can prove, the charges for which, and for summoning
them, will be in the discretion of the taxing officer, according
to the circumstances; and where necessary to employ counsel to
support the petition, the usual charges for brief and counsel's
fees will be allowed.

Attending Court when adjudication made

Costs for substituted Service where Debtor keeps out of the way avoid Service.

Several attendances to serve without effect, when it appearing that the debtor was keeping out of the way, and could not be personally served, instructions to apply for substituted service.

Drawing affidavit of facts, and that due pains had been taken to effect personal service, per folio 1s.

Fair copy, 4d. per folio.

068

Attending Court for order for substituted service, and drawing up order 0 13 4