APPENDIX OF FORMS.

[NOTE.-The notes appended to these forms are not part of the forms themselves, but are for the guidance of parties using the forms. In all forms requiring verification, the deponent may, at his option, substitute a statutory declaration for an oath.]

FORM No. 1.

General Title (High Court).

In the High Court of Justice.

In Bankruptcy.

Re [James Brown].

[Ex parte (here insert "the debtor," or "J. S. a creditor," or "the official receiver," or "the trustee ")].

No. 2.

Forms.

S. 95.

I, A. B. [name and description of debtor], residing at [and carry- S. 4. ing on business at]

pay my debts.

Dated

188

hereby declare that I am unable to

(Signature) A. B.

NOTE. Where the debtor resides at a place other than his place of business both addresses should be inserted.

Forms.

S. 8.

No. 4.

Debtor's Petition.

(Title.)

I [name, address, and description of debtor] having for the greater part of the past six months resided at [or carried on business at ] within the district of the Court [or, as the case may be, following the terms of Sect. 95] and being unable to pay my debts, hereby petition the Court that a receiving order be made in respect of my estate [and that I may be adjudged bankrupt].

Dated

188

Signed by the debtor in my presence.

Signature of witness.

(Signature)

Address.

NOTE. Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 5.

Request for Issue of Bankruptcy Notice,

In the [High Court of Justice].

S. 4 (g).

In Bankruptcy.

1. I, C. D, of

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 Sect. 95 of the Act].

3. I produce an office copy (hereto annexed) of a final judgment against the said A. B. obtained by [me] in the Court on this

day of

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

NOTE.- Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 6. Bankruptcy Notice. (Title.)

S. 4 (g).

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

Take notice that within [seven] days after service of this notice

of

Court, dated

on you, excluding the day of such service, you must pay to C. D.,
the sum of £
claimed by him as being the
amount due on a final judgment obtained by him against you in
the
; 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

By the Court,

Registrar.

Forms.

Indorsement on Notice.

You are specially to note,—

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.

No. 7.

Affidavit of Service of Bankruptcy Notice.

(Title.)

In the matter of a bankruptcy notice, issued

I, L. M., of

make oath and say :

day of

1. That I did, on the 188 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.

2. A sealed copy of the said notice marked A is hereunto annexed.

Sworn at, &c.

L. M.

No. 8.

Affidavit on Application to set aside Bankruptcy Notice.

S. 4 (g).

bankruptcy notice hereunto annexed [or, describe the notice].
That I have satisfied the judgment debt claimed by C. D. by

[state nature of satisfaction].

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.

S. 4 (g).

S. 4 (g).

S. 6.

Sworn, &c.

No. 9.

Orders setting aside Bankruptcy Notice.

(Title.)

In the matter of a Bankruptcy Notice issued

Upon the application of A. B. to set aside this notice, and upon reading the affidavit of A. B. [and upon hearing C. D. (if present)], it is ordered that this notice be set aside, and that C. D. [or, as the case may be] pay to A. B. the sum of £ for costs [or, the costs of this matter].

Dated

By the Court,

Registrar.

Or,

(Title.)

In the matter of a Bankruptcy Notice issued—

and hearing

Upon the application of A. B. to set aside this notice, and upon reading and upon the said A. B. having entered into a bond in the penal sum of [the amount of the alleged debt and probable costs, or such other sum as the Court may direct], with such two sufficient sureties as the Court [or C. D.]_has approved [or having deposited in Court the sum of £ security for the amount claimed by the notice, the condition of the bond [or deposit] being [here insert condition], it is ordered, &c. Dated

1, as

[or we, C. D., of

I, C. D., of and E. F. of ] hereby petition the Court that a receiving order be made in respect of the estate of [here insert name, address, and description of debtor].

1. That the said A. B. has for the greater part of six months next preceding the presentation of this petition resided [or carried on business] at within the district of this Court [or, as the case

may be, following the terms of Sect. 95].

2. That the said A. B. is justly and truly indebted to me [or us

1. [set out amount of debt or

Forms.

in the aggregate] in the sum of debts, and the consideration].

3. That I [or we] do not, nor does any person on [my] behalf hold any security on the said debtor's estate, or on any part thereof, for the payment of the said sum,

Or,

That I hold security for the payment of [or part of] the said sum Subs. (2). [but that I will give up such security for the benefit of the 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

Of,

7.].

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 Á. 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 separately the acts of bankruptcy]. (Signed) C. D.

E. F.

Address.

Description.

NOTE.-If there be more than one petitioner, and they do not sign together, the signature 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.

Indorsement.

This petition having been presented to the Court on the day of 188 it is ordered that this petition shall be heard at on the day of 188 at o'clock noon.

in the

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.

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