respectively, among the proceedings in the said commission, BANKRUPTCY. afterwards, to wit, on the [10th] day of [November,] A. D. [1830,] at, &c. (venue) aforesaid, did, in due form of law, find that the said defendant, since the [1st] day of [September, 1825,] had become a bankrupt, within the true intent and meaning of the said Statute, and before the date and issuing forth of the said commission, and did then and there adjudge him to be a bankrupt accordingly. And the said Notice in the Gazette. defendant further saith, that afterwards, to wit, on the said [10th] day of November, [1830], aforesaid, at, &c. (venue) aforesaid, the said, [name the commissioners,] the major part of the said commissioners authorized by the said commission, pursuant to the directions of the said Act, did cause due notice to be given and published in the London Gazette, of such commission being issued, and of the said defendant having heen so adjudged to be such bankrupt as aforesaid, of the times and place of three several meetings of the said commissioners, by the commission authorized, within forty-two days next after such notice, (the last of which meetings was appointed to be held on the forty-second day), to wit, on the days and times and at the place therein mentioned, that is to say, on the day of then inthen next, at stant, on the day of then next, at of the clock in the afternoon on each of the said days, and on the day of o'clock in the noon, at [the Court of the Commissioners of Bankrupt, in Basinghall Street, in the City of London,] at which three meetings the said defendant, the bankrupt, was thereby required to surrender himself to the said commissioners. named in the said commission, or the major part of them, and to make a full discovery and disclosure of his estate and effects; and at the last meeting the said defendant, the bankrupt, was required to finish his examination. And the said defendant further saith, that the several meetings were duly appointed for his surrendering himself, and making a full disclosure and discovery of his estate and effects, and finishing his examination under the said commission, according to the form of the said Statute in that case made and provided. And that the said defendant duly surrendered Defendant's himself to the major part of the said commissioners, in and surrender. by the said commission named and authorized, and duly signed and subscribed such surrender, and submitted himself to be from time to time examined, touching the disclosure and discovery of his estate and effects, and at the last of BANKRUPTCY. Defendant finishes his examination. Defendant's conformity. Defendant's certificate. the said meetings, to wit, on the - day of, A. D. ——, until which day the last of the said meetings had been duly adjourned, at, &c. (venue) aforesaid, finished his examination upon oath, before the said [name the major part of the commissioners] the major part of the said commissioners, [if another commissioner be then present who has not before been stated to have taken the oath, &c. insert the following averment:-the said G. H. having then duly taken the oath prescribed and appointed to be taken by commissioners of bankrupts, according to the form of the said Statute, and having also entered and kept a memorial signed by him.] And the said defendant, upon such his examination, then and there, made a full disclosure and discovery of his estate and effects. And the said defendant further saith, that he hath always, from the time of the issuing forth the said commission, hitherto, to wit, at, &c. (venue) aforesaid, in all things conformed himself to the said Statute concerning bankrupts. And the said defendant further saith, that he the said defendant having so duly surrendered, and in all things conformed himself to the said Statute at the time of the issuing of the said commission in force concerning bankrupts, afterwards, to wit, on the a a day of A. D. and on divers other days and times afterwards, and before the day of (the day of allowance) at, &c. (venue) aforesaid, three-fifths in number and value of the creditors of the said defendant, so being such bankrupt as aforesaid, who were creditors for not less than [£20,] and who had duly proved their debts under the said commission, signed a certificate of the conformity of the said defendant, such bankrupt as aforesaid, with the said Statute, at the time of the issuing of the said commission in force concerning bankrupts, and such three-fifths of the said creditors then and there thereby testified their consent that the major part of the said commissioners by the said commission authorized, might sign and scal the said certificate as hereafter mentioned, and that the said defendant, such bankrupt as aforesaid, should have such allowance and benefit as are given to bankrupts by the said Statute, and should be discharged from his debts in pursuance of the same Approbation of Act.-And the said defendant further saith, that the said certificate by the commissioners. [the major part of the commissioners,] being the major after the issuing of the said commission, and after the said BANKRUPTCY. debts had been respectively proved as aforesaid, to wit, on, &c. at, &c. paid the said several debts, for which they were so liable as aforesaid, to the respective holders of the said several bills of exchange, so being creditors of the said defendant as aforesaid. And the said defendant further saith, that the said creditors who had not proved their debts under the said commission, could and yet may receive, under the said commission, a dividend, equally in proportion to their respective debts, without disturbing any dividends already made under the same commission, to wit, at, &c. aforesaid; and this, &c.-[Conclude with a verification, as ante, 907, sixth form.] c. 16. s. 59, that plaintiff proved the same debt under a commis sion of bankruptcy against defendant, and thereby elected to come in under the commission a. [First plea, general issue, ante, 908; second plea, of Bankruptcy bankruptcy generally, 911; third plea, as follows:]-And under 6 Geo. 4. for a further plea in this behalf, as to the sum of £-, parcel of the said several sums of money in the said declaration mentioned, the said defendant, by like leave, &c. actio non, &c. (as ante, 906), because he saith, that after the making of the said several promises and undertakings in the said declaration mentioned, as to the said sum of £-, parcel, &c. and before the exhibiting of the bill aforesaid, to wit, on, &c. at, &c. aforesaid, the said defendant then and there being a (warehouseman) dealer and chapman, and being then and there indebted to one J. S. and divers other persons, in divers large sums of money, became and was a bankrupt within the true intent and meaning of the Statute in force concerning bankrupts; and thereupon afterwards, to wit, on, &c. at, &c. aforesaid, a certain commission of bankruptcy, under the great seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster the same day and year last aforesaid, and grounded This plea was framed by a very eminent Pleader at the bar. Sed quære, if it may not be advisable to set forth the trading petitioning creditor's debt, and the commission, &c. more fully, as in the precedent, ante, 913. See form 5 B. & A. 95. It should seem that this defence may be given in exidence under the general plea, ante, 911. And as to this de fence, see 1 Bar. & Ald. 121.- BANKRUPTCY. Plaintiff's bankruptcy pending the suit a upon the said statute, upon the petition of the said J. S. was duly awarded and issued against the said defendant, directed to certain commissioners therein named, to wit, G. W. &c. thereby giving full power and authority to the said commissioners, any four or three of them, to execute the said commission, as in and by the said commission, relation being thereunto had, will more fully appear; by virtue of which said commission, and by force of the said Statute concerning bankrupts, the said G.W. &c. being the major part of the commissioners named in the said commission, afterwards, to wit, on, &c. at, &c. aforesaid, did, in due form of law, find that the said defendant had become. a bankrupt within the true intent and meaning of the Statute in force concerning bankrupts, before the date and issuing forth of the said commission, and did then and there declare and adjudge him to be a bankrupt accordingly. And the said defendant further saith, that afterwards, and before the exhibiting of the bill aforesaid, to wit, on, &c. at, &c. aforesaid, the said plaintiff then and there being a creditor of the said defendant for the said sum of £-parcel, &c. under and by virtue of the said several promises and undertakings, in the said declaration mentioned, proved the said sum of £- parcel, &c. under the said commission, as for a debt due from the said defendant to the said plaintiff, and did thereby then and there make his election to take the benefit of the said commission, with respect to the said debt so proved by the said plaintiff as aforesaid, and this he the said defendant is ready to verify; wherever he prays judgment if the said plaintiff ought to have or maintain his aforesaid action thereof, against him, &c. [First plea, general issue, as ante, 908; second plea, actio non ulterius, &c. as ante, 907.]-Because he says, that the said plaintiff, before and on the day of [same as special plea of bankruptcy of the defendant, from the statement of his trading, ante, 913, to the finding and adjudging the plaintiff to be a bankrupt, as ante, 914, and then proceed as a Though the bankruptcy of the plaintiff may be given in evidence in assumpsit, under the general issue, 7T. R. 396. Bul. Ni. Pri. 153.-3 Campb. 236.-15 East, 622, yet it is frequently advisable to plead it specially. See form 7 Wentw. 414.-15 East, 623; and it must be so, it should seem, if the bankruptcy took place after the commencement of the suit. All the proceedings should be set forth, as ante, 913. follows:-And the said defendant further says, that after- BANKRUPTCY. wards, and before the exhibiting the bill of the said plaintiff, to wit, on the day of, in the year aforesaid, the said plaintiff remaining and continuing a bankrupt, the said R. J.C., W. P. G., and W. C. three of the said commissioners named in the said commission, by certain indentures then and there made between the said R. J. C., W. P. G., and W. C. of the one part, and G. M. of in the county , street, (wine and of, (gardener), and P. E. of [First plea, non assumpsit, as ante, 908; second plea, actio non, as ante, 906, third form.]—Because he saith, that here See other forms of pleas of insolvent acts, 3 Taunt. 237. 3 Wentw. Index, xix. Id. 198. Willes, 199.-Morg. 241, 244, 246.-Lil. Ent. 108.-Lev. Ent. 65. See a plea of defendant's discharge as an insolvent in Newfoundland, under 49 G. 3, c. 27, s. 8.—3 J. B. Moore, 623. 1 B. & B. 13, 294.—3 J. B. Moore, 244.-The 7th Geo. 4, c. 57, s. 61, gives a general form of plea. The plea must shew in what manner the de- |