SECTION 39.

Notice to Justices of Application to remove Order of Sessions with Case reserved, where the Application is to be made in Term Time.

To E. F. and G. H., two of her Majesty's Justices and Keepers of the Peace for the county of

Take notice, that her Majesty's Court of Queen's Bench will be moved on the day of instant, or so soon after as counsel can be heard, on behalf of the inhabitants of the parish of

in the

county of that a writ of certiorari may be issued to remove into the said Court a certain order made by you and certain other justices of the said county at the last [if not the last, mention what] Quarter Sessions of the Peace for the county of , quashing [or "confirming"] a certain other order, made by two justices of the said county of touching

the removal of C. D. and M. his wife, and their five children, from the said parish of

county of county of

to the parish of

in the

and on quashing [or "confirming" which order, a special case was reserved by the said Court of Quarter Sessions, for the opinion of her said Majesty's Court of Queen's Bench. Dated the

day of

hundred and forty-five.

one thousand eight

The like Notice, where the Application is to be made to a Judge in Vacation.

To E. F. and G. H., &c., [as above.]

Take notice, that an application will be made to the Right Honourable Thomas Lord Denman, Chief Justice of her Majesty's Court of Queen's Bench, at

Westminster, or to such other judge of the same Court as may then attend at his chambers, situate in Serjeant's Inn, Chancery Lane, London, on

,

the day of instant, at eleven o'clock in the forenoon, on behalf of the inhabitants of the parish in the county of for a writ of cer

of riorari, to remove into the said Court of Queen's Bench a certain order made, &c. [concluding as in last form.]

(Vide p. 271).

SECTION 40.

Affidavit of Case reserved, and Service of Notice of Application for Certiorari.

In the Queen's Bench.

T. W. of &c., attorney at law, and J. S. of &c., yeoman, severally make oath and say, and first this deponent T. W. for himself saith, that at the last Quarter Sessions of the Peace for the county of

a certain appeal against an order made by two justices of the said county of touching the reand their

moval of C. D. and M. his wife, children, from the parish of

of

, to the parish of

,

,

in the said county

in the county of

came on to be heard, and that on such hearing, an order was made, confirming [or "quashing"] the said order, but subject to a case for the opinion of her Majesty's Court of Queen's Bench. And this deponent, J. S., for himself saith, that he did, on the day of instant, serve E. F. and G. H., two of her Majesty's justices of the peace for the said county of with true copies of the notice hereunto annexed, by delivering a copy of such notice to each of them, the said E. F. and G. H., personally. And this deponent further saith, that the said E. F. and G. H. were and are two of the justices of the said county by and before whom the said order of Quarter Sessions was made, they having

been present and acting at the said sessions when the said appeal was heard and determined.

Sworn, &c.

T. W.

J. S.

N. B. If the service cannot conveniently be made personally, it may be by leaving the copy at the house of the justice with a servant, or other inmate, and it must accordingly be so stated in the affidavit. (Vide p. 271.)

SECTION 41.

Form of Declaration of Insolvency by Trader. I, the undersigned J. E., do hereby declare, that am unable to meet my engagements. Dated this in the year of our Lord 184 .

day of
Witness

F. G.,

,

Attorney of the Court

of

(Vide p. 296.)

SECTION 42.

Affidavit of Petitioning Creditor, where one Creditor's Debt sufficient.

(No title.)

Edward Snow, of Cheltenham, in the county of Gloucester, builder, maketh oath, that Edward Atkins Felton, of Street, Cheltenham, in the county of Gloucester, timber merchant, dealer and chapman, is justly and truly indebted unto this deponent in the sum of fifty pounds and upwards (a). And

(a) It is unnecessary to state the consideration in the affidavit, Ex parte Jarman, 2 G. & J. 25; and though it is the practice of some solicitors to state it, most do not.

this deponent further saith, that the said Edward Atkins Felton is a trader, and hath become bankrupt, within the true intent and meaning of the statutes made and now in force concerning bankrupts, as this deponent believes.

Affidavit of Petitioning Creditor, where two join in order to make up a sufficient Amount.

(No title.)

John Williams, of Walsall, in the county of Stafford, saddler, and Edward Simpson, of the same place, brass-founder, severally make oath and say, and first this deponent John Williams for himself saith, that William Ford, of Bilston, in the county of Stafford, ironmonger, dealer and chapman, is justly and truly indebted unto this deponent in the sum of forty-five pounds and upwards. And this deponent, Edward Simpson, for himself saith, that the said William Ford is justly and truly indebted unto this deponent and James Marsh, his copartner in trade, in the sum of thirty-five pounds and upwards. And both these deponents say, that they verily believe that the said William Ford hath become bankrupt within the true intent and mean

+

ing of the statutes made and now in force concerning bankrupts.

J. W.

E. S.

The deponents, John Williams and
Edward Simpson, were severally
sworn at Walsall, in the county of
Stafford, the

1845.

Before me,

S. S.

day of

A Master Extraordinary in Chancery.

,

N.B. If the debts of two creditors do not amount to 70%. three or more may join; but in that case their debts must altogether amount to 100%.

(Vide p. 297.)

SECTION 43.

Form of Petition for Fiat.

To the Right Honourable the Lord High Chancellor of Great Britain.

The humble petition of Edward Snow, of Cheltenham, in the county of Gloucester, builder, on behalf of himself and all other the creditors of Edward Atkins Felton, of Street, Cheltenham, in the county of Gloucester, timber merchant, dealer and chapman,

Showeth,

That the said Edward Atkins Felton, being a trader and indebted unto your petitioner in the sum of fifty (a) pounds or upwards, did

(a) If several creditors join in petitioning (the debt of one not being large enough), this must be 701. or 1007., according as it is made up of the debts of two or more creditors.