mar: :fp A2 3hal: p|pj8|Mp||p!5i|i?^j;iij;jt^^^ ;; ^ Hi /v;iv ■■■ 1' W. M. DER.Tl„ ^' ;- f^- \ /l,^..-'^!^^'-^^ /^-^'^^ '^^^^^^^^^1 jr: f I^^H^^^^^^^^^^H ^^^^^^^^^^^^^^^^^^^^Hr '''''' *< i'_j ^^QB^I y^-: ;j:«, ,*;■ ;■*■ l^?:' E. 1. MimSHIiLL QlflrtipU Ham ^rl|nnl Sltbrary ilaratjall lEquttg QJoIbrttott (gift of IE. 31. iiaralfaU. 21. 21. 1. 1B94 CORNELL UNIVERSITY LIBRARY 3 1924 085 500 878 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924085500878 RULES EQUITY PRACTICE ADOPTED BY THE SUPREME COURT OF PEMSYLYANIA, MAY 27th, 1865, WITH THE REPORT OF THE COMMISSIONERS. PHILADELPHIA: KAY & BEOTHEK, 19 SOUTH SIXTH STEEET. 1865. (o5(o^^ To the Honorable The Judges of the Supreme Court of Pennsylvania. The undersigned, a Committee appointed by this Honor- able Court on the 9th day of March, 1864, to revise and amend the rules of practice in equity cases, and to report to this Court, EESPECTFULLY EEPOET, That in pursuance of the duties of their appointment they have prepared a body of equity rules, of which they submit herewith a copy. In so doing, the Committee beg to point out briefly the more important changes which they have thought it expe- dient to make in the existing practice. They would observe, at the same time, that, except where such changes have been introduced, they have considered it better to adhere to the language and general scheme of the existing rules. (1.) Formal rule days are abolished. Process may issue and rules be taken at any time. On the other hand a suffi- cient period for appearance to process, or for compliance with the usual rules, is expressly limited in each case. By this means a needless waste of tin^e is obviated. (2.) The bill and other pleadings are required to be printed, except in two cases: first, poverty certified to by counsel; secondly, bills for injunction, where, however, a printed copy must be substituted in a few days. The cost of printing is made part of the cost of the cause. !; J |i (I '.' i! "' I' ' '' • (3.) Suibpcenas to appear are abolished. Instead thereof • a copy M the'rIaSll is to be served on the defendant with a notice encidrspd tli'ereon to appear in fourteen days, and that if he does ' not the bill will be taken pro confesso, and a de- cree made against him in his absence. (4.) Provision is made in case the defendant fails to ap- pear, for a decree pro confesso against him, or for an attach- ment to compel an answer, which seems to have been over- looked in the present rules. (5.) The bill is required to be in as brief and succinct form as it reasonably can be, and to be divided into paragraphs consecutively numbered, omitting the interrogatories and all mere formal parts. The prayer for relief and for special orders, writs or process, is to be also divided and num- bered. (6.) Interrogatories to defendant are to be filed separately. So the defendant instead of resorting to a cross-bill may file interrogatories to the plaintiff; and (7.) Consequently cross-bills for discovery only are abo- lished. Those for relief are made substantially part of the original proceedings. (8.) Supplemental bills, bills of revivor and the like, are dispensed with; and their place is to be supplied by amend- ments and orders in the original cause. 'to^ (9.) On interlocutory applications, such as for an injunc- tion or receiver, it is provided that either party may take, or require his adversary to take testimony viva voce in the presence of the Court, subject to cross-examination, as in ordinary cases. This will generally dispense with the use of affidavits, which are demoralizing and unreliable, and at the same time enable the parties to compel the attendance of witnesses by subpoena, which cannot now be done. (10.) Instead of a period of three months in which to close testimony, which in a vast majority of cases is quite unnecessary, a thirty days rule is allowed, subject to en- largement on cause shown. (11.) Orders for allowing further time are hereafter only to be granted on notice to the other party. (12.) Cautionary orders on injunction bills are abolished. At the same time, that which was their only excuse, the rule that injunctions shall only be granted on notice, is done away with. Cases of emergency sometimes occur where there is no time to give formal notice, to prevent irreparable injury, or where the notice would defeat its own purpose. On the other hand, the security which the law requires before the grant of an injunction and the unwillingness of judges to act without notice to the other party except in extreme cases, afford together a sufficient protection to ■ defendants. To this is added a provision that an injunction without notice is made operative only for five days, unless the motion is argued within that time. (13.) In the City of Philadelphia, rules and orders to plead or close testimony, which would otherwise expire in the months of July and August, are postponed until Septem- ber. A vacation which elsewhere may be only a habit is here a necessity. These are the principal alterations which the Committee have made. The object as will be seen has been in the main to shorten and simplify equity proceedings; to make them less expensive, and at the same time to adapt them to the course of practice and usages which prevail in this State in common law cases. Most of these changes are not untried. They have for a number of years been adopted and in use in England and elsewhere. Other alterations have been made in the existing rules, either to correct their phraseology or to adapt them to recent Acts of Assembly. 6 Besides this the whole body of rules has been re arranged, so as to give them a more logical order of succession than they now possess. The subject of costs has been only incidentally touched, as it did not appear to be within the province of the Com- mittee. They would, however, respectfully recommend it to the Court as one needing revision. All of which is respectfully submitted. GEO. SHAESWOOD, OSWALD THOMPSON", ST. GEO. T. CAMPBELL, GEO. W. BIDDLE, R. C. McMUETEIE, FRED. C. BRIGHTLY, HENEY WHAETON, Committee. EULES OF EQUITY PRACTICE. The equity side of the Supreme Court, District Courts and Courts of Common Pleas, shall be deemed always open for the purpose of filing bills, answers and other pleadings, for issuing and returning mesne and final process and commissions, and for making and directing all interlocutory motions, orders, rules and other proceedings, preparatory to the hearing of causes upon their merits. II. The Prothonotary's office shall be open, and the Prothonotary shall be in attendance therein daily, during office hours, for the purpose of receiving, enter- ing, entertaining and disposing of all motions, rules, orders and other proceedings, which are grantable of course, and applied for or had by the parties or their solicitors, in all causes pending in equity, in pursu- ance of the rules hereby prescribed. III. In all cases in equity instituted in the Supreme Court when sitting in the Eastern District, the Nisi Prius judge, unless otherwise ordered by the Court on cause shown, shall take cognizance, and shall hear 8 RULES OF BQUITT PEAOTICE. and decide the same, and make all necessary decrees as fully as the Supreme Court in banc might or could do, subject to revision according to the 9th section of the act of 26th July, 1842. The Nisi Prius shall be open for equity cases on all juridical days. IV. When any case in equity, within the meaning of the first section of the act of 8th April, 1862, comes into the Supreme Court in banc for revision, it shall be certified from district to district until determined, as required by the act aforesaid. All such cases, insti- tuted in other districts than the Eastern District, shall be disposed of by the Supreme Court in banc, without a preliminary reference to the judge at Nisi Prius, and shall be certified for that purpose from district to district, as the said act requires. PROCESS AND APPEAKANOE. V. No suit shall be deemed pending until the bill be actually filed in the Prothonotary's office. Every bill shall be printed, except in the cases specially pro- vided for in these rules ; and the Prothonotary shall endorse thereon the time of filing the same. VI. Unless otherwise provided by law, the defendant or defendants shall be required, in the first instance, to appear and answer the exigency of the bill, by the service upon each defendant therein named, of a printed copy thereof, on which shall be endorsed a notice in the following form: "To the within-named defendant, (here the name of the defendant, upon whom service is to be made, must be inserted.) EULES OF EQUITY PRACTICE. 9 " You are hereby notified and required, within four- teen days after service hereof on you, exclusive of the day of such service, to cause an appearance to be en- tered for you in the Supreme Court of Pennsylvania, in and for the Eastern District, (or as the case may be,) to the within bill of complaint of the within- named (here insert the name of the complainant,) and to observe what the said Court shall direct. Witness my hand at (here insert the place where the Court is held,) the day of , one thou- sand eight hundred and "A. B., '■'■ Solicitor for Plaintiff. "No. Street, "Philadelphia. "Note. — If you fail to comply with the above direc- tions by entering an appearance in the Prothonotary's office, within fourteen days, you will be liable to have the bill taken pro confesso, and a decree made against you in your absence." VII. Guardians ad litem to defend a suit may be ap- pointed by the Court, or by any Judge thereof, on petition, for infants or other persons, who are under guardianship, or otherwise incapable to sue for them- selves ; all infants and other persons so incapable may sue by their guardians, if any, or by their prochein ami, subject, however, to such orders as the Court may direct, as to security or otherwise, for the protection of such infants and other persons. VIII. Service upon a defendant shall be by giving him a printed copy of the bill, with a notice, endorsed there- on in the form prescribed in these rules, or by leaving such copy and notice at his dwelling-house, with an 10 RULES OP EQUITY PRACTICE. adult member of his family or of the family in which he resides. . The Court, or a law Judge thereof, may direct how service shall be made in special cases. IX. In cases where husband and wife are defendants, service of a copy of the bill and notice to appear shall be made on each of them. Service on non-resident defendants shall be made in the mode prescribed by the acts of Assembly relating thereto. X. Service of the bill and notice to appear, on a corpo- ration, shall be effected in the mode prescribed by law for the service of a writ of summons upon such corpo- ration. Where the Commonwealth is a necessary party, service shall be made in the manner prescribed by the act of 6th April, 1844. XI. "Whenever the Court shall make an order under the provisions of the act of 6th April, 1859, for service upon a non-resident defendant, without the Common- wealth, such service shall be by delivery to him of a copy of the bill, such as is provided for in these rules, together with a copy of the order authorizing such service; and in such case the form of subpoena shall be similar, in substance, to the notice to appear pre- scribed by these rules, but so varied as to require the defendant to cause an appearance to be entered for him, on or before the time fixed in such special order. XII. . Whenever the Court shall direct service by publica- tion, under the provisions of the act of 6th April, 1859, a copy of such order, together with a statement of the substance and object of the bill, petition, or other pro- RULES OF EQUITY PRACTICE. 11 ceeding, shall be published in such one or more news- papers, and at such times as the Court shall by special order direct, having regard to the probable residence of the defendant, and affidavit tiled stating all the knovp- ledge or information of the complainant or deponent, in reference to such defendant's place of residence. XIII. Upon filing the bill, the Prothonotary shall enter the suit upon his docket as pending in the Court, and shall state the time of entry; and upon the filing of an affidavit of the due service of notice to appear upon the defendant or defendants, shall enter the same upon the docket. The appearance of the defend- ant, either personally or by solicitor, shall be by a paper filed, and endorsed by the Prothonotary with the time of filing the same, and shall be noted on the margin of the Equity Docket. If the defendant shall not cause an appearance to be entered for him within the time limited for that purpose, the plaintiff may, at his election, enter an order, as of course, in the cause that the bill be taken pro confesso, or proceed by attachment as is hereinafter provided by rule xxix. PLEADINGS GENEEALLY. XIV. All bills, interrogatories, demurrers, pleas, answers to bills, and to interrogatories, and amendments of pleadings, where such amendments exceed one hun- dred consecutive words, shall be printed on white sized paper of a convenient size. Amendments shall be printed on one side only of the paper. Each party appearing by separate counsel, shall be entitled to ten copies of all such pleadings. The amount paid for printing shall be allowed as costs of the cause. This rule shall not apply where counsel shall certify that his client by reason of poverty is unable 12 RULES OF EQUITY PRACTICE. to pay for the same. In which, case, instead of ten printed copies, each party shall be entitled to one fairly written copy of all pleadings, interrogatories, &c., and in such case any other party may print such papers, and be allowed for the expense at the termination of the cause, or when the court shall see fit to order the payment by the other party. The Prothonotary shall not permit any such un- printed pleadings to be filed, saving with such a certifi- cate, and saving also bills for injunction where coun- sel shall certify that there has not been time to print the same. And such injunction bills shall be with- drawn and deemed finally dismissed, as of course, unless within twenty days after filing of the same, printed copies are filed and served. STRUCTURE OF BILL. XV. Every bill shall be expressed in as brief and succinct terms as it reasonably can be, and shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments, in hsec verba, or any other imperti- nent matter, or any scandalous matter not relevant to the suit. If it do, it may on exceptions be referred to a master by any judge of the court for impertinence or scandal, and if so found by him, the matter shall be expunged at the expense of the plaintiff', and he shall pay to the defendant all his costs in the suit up to that time, unless the court, or a law judge thereof, shall otherwise order. If the master shall report that the bill is not scandalous or impertinent, the defendant shall be entitled to all costs occasioned by the reference, or the court or any law judge thereof may decijfe thereon without a reference, unless the case shall require it. XVI. Every bill, in the introductory part thereof, shall contain the names of all the parties, plaintiffs and. EULES OF EQUITY PEACTICE. 13 defendants, by and against whom the bill is brought. The form in substance shall be as follows: In the (Style of Court.) Sitting in Equity. Between A. B. Plaintiff and C. D. Defendant. To the Honorable the Judges of the said Court. Your orator complains, and says, &c. XVII. The bill shall be divided into paragraphs consecu- tively numbered, and shall contain a succinct state- ment of the facts upon which the plaintiff asks relief, and, at his option, the facts which are intended to avoid an anticipated defence, and such averments as may be necessary under the rules of equity pleading to entitle the plaintiff to relief, and the prayer for relief and for special orders, writs or process, which shall also be so divided and numbered. The combi- nation clause, the interrogatories, and the allegation of want of remedy at law and similar formal aver- ments, shall be omitted. PAETIES. XVIII. Where no account, payment, conveyance, or other direct relief is sought against a party to a suit not being an infant, the party upon service of the notice upon him, need not appear and answer the bill, unless the plaintiff especially requires him so to do, by the prayer of his bill; but he may appear and answer at his option ; and if he does not appear and answer, he shall be bound by all the proceedings in the cause. If the plaintiff shall require him to appear and answer, he shall be entitled to the costs of all the proceedings against him, unless the court shall otherwise direct. 14 EULES OF EQUITY PKACTICE. XIX. Where infants or persons not sui juris, are parties, the fact shall be specially stated in the bill, so that the court before or after the service of process may take order thereon as justice may require. XX. Where persons without the jurisdiction are proper or necessary parties, this fact shall be stated in the bill, and they may be brought in by service when they come within the jurisdiction of the court, or under a special order as provided by the Acts of Assembly. XXI. In all cases where it shall appear to the Court that persons, who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of their jurisdiction of the Court, incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the Court as to the parties before the Court, the Court may, in their discretion, proceed in the cause without making such persons parties ; and in such cases the decree shall be without prejudice to the rights of the absent parties. XXII. Where the parties on either side are very numerous, and cannot without manifest inconvenience and op- pressive delays in the suit, be all brought before it, the Court in its discretion, may dispense with making all of them parties, and may proceed in the suit, having suflScient parties before it to represent all the adverse interest of the plaintiflfs and the defendants in the suit properly before it. But in such cases the decree shall be without prejudice to the rights and claims of all the absent parties. BULKS OF EQUITY PRACTICE. 15 XXIII. In all suits concerning real estate, which is vested in trustees, and such trustees are competent to sell and give discharges for the proceeds of the sale, and .for the rents and profits of the estate, such trustees shall represent the persons beneficially interested in the estate or the proceeds, or the rents and profits, in the same manner, and to the same extent, as the ex- ecutors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate ; and in such cases it shall not be necessary to make the persons beneficially interested in such real estate, or rents and profits, parties to the suit; but the court may, upon consideration of the matter, on the hearing, if it shall so think fit, order such persons to be made parties. XXIV. In suits to execute the trusts of a will, it shall not be necessary to make the heir-at-law a party; but the plaintiff shall be at liberty to make the heirs-at-law a party, where he desires to have the will established against them. XXV In all cases where the plaintiff has a joint and several demand against several persons, either as prin- cipals or sureties, it shall not be necessary to bring before the Court, as parties to a suit concerning such demand, all the persons liable thereto; but the plain- tiff may proceed against one or more of the persons severally liable. But the defendant may at once pro- ceed by a bill in the nature of a cross-bill, against such party as is liable jointly with him, and such party shall be permitted to make himself a party to the original cause, and defend the same, and the proceed- ings in the original cause shall, after the service of 16 BULKS OF EQUITY PEACTICE. such cross-bill, be conclusive as to such other party, and if he shall appear thereto, be conducted as if he had been made a party thereto in the first instance. XXVI. If a defendant shall, at the hearing of a case, object that a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified by name or description the parties to whom the objection applies, the Court, if it shall think fit, shall be at liberty to make a decree, saving the rights of the absent parties. XXVII. Where the defendant shall, by his answer, suggest that the bill is defective for want of parties, the plain- tiff shall be at liberty, within fourteen days after an- swer filed, to set down the cause for argument upon that objection only; and the purpose for which the same is so set down shall be notified by an entry, to be made in the equity docket, in the form or to the effect following, that is to say : " Set down upon the defendant's objection for want of parties." And where the plaintiff shall not set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order for liberty to amend his bill by adding parties. But the court, if it think fit, shall be at liberty to dismiss the bill. XXVIII. The parties to a suit may at any time before decree, by agreement in writing, without special motion, consent that the bill be dismissed, with or without costs, as may be stipulated ; and upon payment of the costs due to the ofl&cers of the Court, such agreement RULES OF EQUITY PBAOTIOB. 17 shall be entered upon the docket, and the suit shall be thereupon fully ended and discontinued. PLEAS, DBMURRBES, AND DECREES PRO CONFESSO. XXIX. The plaintiff shall be entitled immediately after the defendant's appearance is entered, to a rule on defend- ant to be entered of course in the Prothonotary's office, to file his plea, demurrer, or answer to the bill within thirty days after service of notice of such rule ; in default of compliance therewith, the plaintiff may at his election enter an order (as of course) in the cause that the bill be taken pro confesso. And in such case, and also where . the bill is taken pro confesso for want of an appearance, the cause shall be proceeded in ex parte, and the case may be put upon the next equity argument list, and the matter of the bill may be decreed by the Court when there reached in its order, if the same can be done without an an- swer, upon the allegations in the bill, which without further proof shall be taken as admitted ; or the plain- tiff, if he requires any discovery or answer to enable him to obtain a proper decree, shall be entitled to pro- cess of attachment against the defendant to compel an answer, and the defendant shall not, when arrested upon such process, be discharged therefrom unless upon filing his answer or otherwise complying with such order as the Court or a law Judge thereof may direct as to pleading to or fully answering the bill within a period to be fixed by the Court, or Judge, and undertaking to speed the cause; or it shall be in the option of the plaintiff, when such rule to plead answer or demur shall have been served as aforesaid and not complied with, or on default of appearance by the defendant within the time limited therefor, instead of taking the bill pro confesso, to have process of contempt to compel an answer. 2 18 E0LES OP EQUITY PBACTIOE, XXX. When the bill is taken pro confesso, and the Court shall have proceeded to a decree as aforesaid, such decree so rendered shall be deemed absolute, unless the Court, or a law Judge thereof, shall within four- teen days after the service of notice of such decree on the defendant, set aside the same, and give the defendant time for filing an answer upon cause shown. And no such motion shall be granted, unless the defendant shall undertake to file his answer within such time as the Court shall direct, and submit to such other terms as the Court shall direct for the purpose of speeding the cause. XXXI. The defendant may, at any time before the bill is taken for confessed, or afterwards with the leave of the court, demur or plead to the whole bill, or to part of it, and he may demur to part, plead to part, and answer as to the residue; but in every case in which the bill specially charges fraud or combination, a plea to such p^rt must be accompanied with an answer fortifying the plea, and explicitly denying the fraud and combi- nation, and the facts on which the charge is founded. XXXII. No demurrer or plea shall be allowed to be filed to any bill unless supported by affidavit that it is not interposed for delay; and if a plea, that it is true in point of fact. Demurrers shall be substantially in the form fol- lowing: "The defendant demurs to the whole bill," or "to so much of the bill or discovery or relief," stating the particulars and assigning the reasons or grounds in detail. BULES OF EQUITY PRACTICE. 19 XXXIII. The plaintiff may set down the demurrer or plea to be argued, or he may take issue on the plea. If, upon an issue, the facts stated in the plea be determined for the defendant, they shall avail him as far as in law and equity they ought to avail him. XXXIV. If the plaintiff shall not reply to any plea, or set down any plea or demurrer for argument, within ten days after service of the same, the defendant may set it down for argument on five days' notice. XXXV. No demurrer or plea shall be held bad and over- ruled upon argument, only because such demurrer or plea shall not cover so much of the bill as it might by law have extended to, or because the answer of the defendant may extend to some part of the same mat- ter, as may be covered by such demurrer or plea. XXXVI. If, upon the hearing, any demurrer or plea shall be allowed, the court may, in its discretion, upon motion of the plaintiff, allow him to amend his bill upon such terms as it shall deem reasonable. XXXVII. If, upon the hearing, any demurrer or plea is over- ruled, unless the Court shall be satisfied that it was intended for vexation and delay, the defendant shall be assigned to answer the bill, or so much thereof as is covered by the plea or demurrer, at such period as, consistently with justice and the rights of the defend- ant, the same can, in the judgment of the Court, be 20 RULES OP EQUITY PEACTIOE. reasonably done ; in default whereof the bill shall be taken against him, pro confe^so, and the matter thereof proceeded in and decreed accordingly; and such decree shall also be made when the Court deems the plea or demurrer to have been for vexation or delay, and to have been frivolous or unfounded. ANSWERS AND CROSS-BILLS. XXXVIII. The defendant shall make answer to all the mate- rial allegations of the bill. The answer of a defend- ant must be in the first person, and divided into paragraphs, numbered consecutively, each paragraph containing, as nearly as may be, a separate and dis- tinct allegation. The rule, that if the defendant submits to answer, he shall answer fully to all the matters of the bill, shall no longer apply in cases where he might, by plea or demurrer protect himself from such answer and discovery. And the defendant shall be entitled in all cases, by answer, to insist upon all matters of defence in law, (not being matters of abatement, or to the character of the parties, or of matters of form,) to the merits of the bill, of which he may be entitled to avail himself by a demurrer or plea in bar; and in such answer he shall not be com- pellable to answer any other matters than he would be compellable to answer and discover, upon filing a demurrer or plea in bar and an answer in support of such plea, touching the matters set forth in the bill to avoid or repel the bar, or defence. — Thus, for example, a bona-fide purchaser, for a valuable consideration, without notice, may set up the defence by way of answer, instead of plea, and shall be entitled to the same protection, and shall not be compellable to make any further answer or discovery of his title than he would be in any answer in support of such plea. EULES OF EQUITY PEACTICE. 21 XXXIX. Specific interrogatories to defendants shall not be included in the bill, but may be filed separately. In like manner, any defendant shall be entitled to file interrogatories to any of the plaintiflfs after he shall have put in his own answer to the bill. In either case, they may be filed at any time before the taking of testimony is begun, and shall be deemed, with the answers, part of the pleadings. By special order on notice, they may be filed after testimony has been taken, and answers required at such time as the Court or a law judge may order. They shall be divided as conveniently as may be, and numbered. Where there is more than one defendant or plaintiff, the particular interrogatories which each is required to answer, shall be specified by a note at the foot of the paper. ■ A copy shall be served on each party required to answer them, or his counsel, and an order of course, to answer within ten days after such service, and on neglect to answer any interrogatory and serve a copy of such answer within that time, the plaintiff or de- fendant, as the case may be, shall be entitled to move for an attachment to compel an answer. XL. A plaintiff or defendant shall be at liberty to decline answering any interrogatory, or part of an interro- gatory, when he might have protected himself by demurrer from answering the subject matter of the interrogatory ; and he shall be at liberty so to decline, notwithstanding he shall answer other interrogatories, from which he might have protected himself by demurrer, and the plaintiff or defendant may, on forty-eight hours' notice, set down the matter for a hearing before any law Judge of the Court, as on an exception to the answer for insufiiciency. But where the interrogatories are not fully answered, and no reason is assigned for the omission, the particular 22 EULES OF EQUITY PEACTIOB. objection must be pointed out by exception, to be filed and served at least ten days before the hearing of such exception. The plaintiff or defendant shall be at liberty, before answers to the interrogatories are filed, or pending exceptions, to file or require a replication, and proceed to take testimony without waiver of his right to such answers, or of his exceptions to the answers. XLI. Cross bills for discovery only, shall not be allowed, but the defendant shall be at liberty instead thereof, to file interrogatories to the plaintiff as above pro- vided. In other cross bills no further reference shall be made to the matters contained in the original bill than shall be necessary, but the same may be treated as if incorporated therein. The rules regulating the form of bills shall apply to cross bills. If no new parties are introduced, service of a copy of the cross bill on the counsel of the plaintiff in the original bill shall be sufficient. Where other persons are made parties the service shall be in the manner provided in original bills, a copy of such original bill being served, together with the cross bill, and such new parties shall be entitled to have copies of the answer to the original bill as required for the plaintiff. XLII. Answers and affidavits may be sworn to before any person authorized to administer oaths under the laws or usages of this commonwealth, or of any other state, territory, or country, where the oath is taken. EXCEPTIONS TO ANSWERS. XLIII. After answers are filed to interrogatories, the plain- tiff shall be allowed twenty days from the service of a copy of such answers on the plaintiff's counsel, to RULES OF EQUITY PRACTICE. 23 file in the Prothonotary's office, exceptions thereto and no longer, unless a longer time shall be allowed for the purpose, upon cause shown to the Court or a law Judge thereof; and if no exceptions shall be filed thereto within that period, the answer shall be deemed and taken to be sufficient. XLIV. Where an exception shall be filed to the answer to any interrogatory for insufficiency, within the period prescribed by these rules, if the defendant shall not submit to the same, and file an amended answer within ten days from service of a copy of such exception on the defendant's counsel, the plaintiff" shall forthwith order the Prothonotary to set the matter down for a hearing on the next day thereafter appointed for such causes, before a law Judge of the Court ; and shall give notice of such order to the opposite party or his solicitor. And if he shall not so set the same down for a hearing, the exception shall be deemed aban- doned, and the answer shall be deemed sufficient; provided, however, that the Court, or any law Judge thereof, may, for good cause shown, enlarge the time for filing an exception, or for filing an amended answer in their or his discretion, upon such terms as they or he may deem reasonable. Exceptions shall be printed, and the expense of printing such as are sustained shall be allowed as costs, to be immediately recovered. XLV. If, at the hearing, any exception shall be allowed, the defendant shall be*bound to put in a full and com- plete answer to the particular interrogatory, within ten days, unless the time be enlarged by order of the Court, otherwise the plaintiff' shall, as of course, be entitled to take the bill, so far as the matter of such exceptions is concerned, as confessed, or, at his elec- tion, he may have a writ of attachment to compel the 24 RULES OF EQUITY PRACTICE. defendant to make a better answer to the matter of the exception; and the defendant when he is in custody upon such writ, shall not be discharged therefrom but by an order of the Court, or of a law Judge thereof, upon his putting in such answer and complying with such other terms as the Court or Judge may direct, XLVI. No order shall be made by any Judge for referring any bill, answer, or pleading, or other matter, or pro- ceeding depending before the Court for scandal or impertinence, unless exceptions are taken in writing, and signed by counsel, describing the particular pas- sages which are considered to be scandalous or imper- tinent ; nor unless the exceptions shall be filed within ten days after service of the same upon the party excepting or his counsel, and such exceptions may be set down for hearing by either party on forty-eight hours' notice, or such other notice as the Court may direct to the opposite party. REPLICATIONS. XLVII. Whenever the answer of the defendant shall not be excepted to, or shall be adjudged or -deemed sufficient, the plaintiff shall file the general replication thereto within ten days thereafter, unless he shall set the cause down on bill and answer, and in all cases where the general replication is filed, the cause shall be deemed to all intents and purposes at issue, without any rejoinder or other pleading on either side. If the plaintiff shall omit or refuse to file such replication within the prescribed period, the defendant shall be entitled to a rule upon him to reply within ten days after notice of such rule ; on failure to file such repli- cation with notice to the defendant's counsel, the plaintiff shall be deemed to have abandoned his right KtTIiES OF EQUITY PEACTICE. 25 to traverse the matters alleged in the answer. The replication shall be in substance thus : "The plaintiff joins issue on the matters alleged in the answer." XL VIII. No special replication to any answer shall be filed. But, if any matter alleged in the answer shall make it necessary for the plaintiflP to amend his bill, he may have leave to amend the same upon motion to the Court, or to a law Judge thereof, in vacation. AMENDMENTS, SUPPLEMENTAL BILLS, &c. XLIX. The plaintiff shall be at liberty, as a matter of course, to amend his bill in any matters whatsoever, before an- swer, plea or demurrer to the bill, but he shall without delay give the defendant notice of such amendment, and all rules taken by the plaintiff in the case shall be suspended until such notice is given. After an answer, or plea, or demurrer is put in, and before replication, the plaintiff may, upon motion or petition, without notice, obtain an order from any law Judge of the Court, to amend his bill within twenty days thereafter. But after the replication filed, the plaintiff shall not be permitted to withdraw it and to amend his bill, except upon an order of a law Judge of the Court, upon motion or petition, after due notice to the other party, and upon proof by affidavit that the same is not made for the purpose of vexation or delay, or that the matter of the' proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill, and upon the plaintiff's submitting to such other terms as may be imposed by the judge for speeding the cause. 26 RULES OF EQUITY PRACTICE. LI. If the plaintiff, so obtaining any order to amend his bill after answer, or plea, or demurrer, or after repli- cation, shall not file his amendments or amended bill, as the case may require, in the Prothonotary's office, and serve a copy on the counsel of all other parties to the cause, who appear by counsel within the time appointed for making such amendments, he shall be considered to have abandoned the same, and the cause shall proceed as if no application for any amendment had been made. LII. In every case where, after answer filed, an amend- ment of the bill is made in such particulars as to vary the case or the grounds of relief, the defendants shall be at liberty to demur or plead to the amended bill or to the amendments, as if no answer had been filed, — and the answer to the original bill shall not, unless the defendant fails to put in another answer when required, be used except as an admission of the facts therein stated, subject to explanation by the an- swer subsequently filed. Answers to amendments may be required at such times as the Court or a law Judge upon notice shall direct, and shall be in other respects subject to the rules regulating answers to the original bill. LIII. After an answer is put in, it may be amended as of course, in any matter of form, or by filling up a blank, or correcting a date, or reference to a document, or other small matter, and be re-sworn, at any time before a replication is put in, or the cause is set down for a hearing upon bill and answer. But after replication or such setting down for a hearing, it shall not be amended in any material matters, as by adding new RULES OP EQUITY PRACTICE. 27 facts or defences, or qualifying or altering the original statements, except by special leave of the Court or a law Judge thereof, upon motion and cause shown after due notice to the adverse party, supported, if required, by affidavit. And in every case where leave is so granted, the court or the judge granting the same, may, in his discretion, require that the same be sepa- rately engrossed and added as a distinct amendment to the original answer, so as to be distinguishable therefrom. LIV. Whenever the circumstances are such as to require a bill of revivor, supplemental bill, or bill in the na- ture of either or both, or where additional or different parties are required to be joined, the same shall be made by way of amendment or addition to the original bill, and copies of such amendnaents or additions be- ing served on the parties to the original bill, or their counsel, on the record, shall entitle the plaintiff to proceed as on an original bill, after service. Where a new party is joined, a copy of the original bill and the amendment shall be served as is provided for in the case of original bills. But, where the personal representative of a deceased party is properly required to be joined, it may be done by stating on the record the fact of the death, and the grant of letters to such representative, and by service of notice of such statement on such representa.tive : and the cause without more, shall proceed as if such representative had been originally a party, allowing him ten days to appear. EVIDENCE. LV. An order to take the testimony of ancient, infirm and going witnesses de bene esse before any alderman or justice of the peace of the respective county, or 28 RULES OF EQUITY PRACTICE. other person therein authorized by law to take depo- sitions in other cases, may be entered by either party in the Prothonotary's office, of course, at any time after the service of process stipulating a reasonable notice to the adverse party: so of an order for a commission to any place within the State of Pennsylvania, more than forty miles distant from the county seat of the respective county, or to any other State or Territory, or to foreign parts. But in case of a commission, the interrogatories must be filed in the Prothonotary's. office at the time, and written notice of this last order and of the names of the commissioners must be served on the adverse party at least fifteen days before the commission issues, in order that he may file cross interrogatories, or nominate commissioners on his part, if he shall deem it eligible. Provided, that depositions taken before magistrates in the method prescribed by this rule, shall only be allowed to be read in evidence on the hearing of the cause, in case the same facts shall appear before the examiner ap- pointed to take testimony in the cause after it is at issue, and be certified by him to excuse the produc- tion of such witnesses before him as are necessary for the introduction of depositions taken de bene esse on trials by jury in the same courts, or if taken by the commissioner before the cause is at issue, under this rule, it shall appear by affidavit at the hearing that the witnesses so examined were aged, infirm, or going out of the country, or that any of them was a single witness to a material fact. LVI. Upon the return of the commission executed, the same may, at the application of either party, be opened by any one of the Judges of the Court, in term time or vacation, or by the Prothonotary ; and the Prothonotary shall give notice to the parties of the return of any commission, and of the filing RULES OF EQUITY PBAOTICE. 29 of depositions taken before any alderman, justice of the peace, or examiner, and the parties shall, within ten days after service of such notice upon them re- spectively, enter exceptions in writing, if they have any, to the form of the interrogatories or the manner of the execution of the commission, and the taking of the depositions, or be forever precluded from the benefit of such exceptions, which exceptions when so taken may be put down for hearing by either party giving forty-eight hours' notice to his adversary there- of, or such other notice as the Court may direct. LVII. The last of the interrogatories to take testimony, shall be stated in substance, thusT^^ Do you know, or can you set forth any other matter or thing, which may be a benefit or advantage to the parties at issue in this cause, or either of them, or that may be mate- rial to the subject of this your examination, or the matters in question in this cause"? If yea, set forth the same fully and at large in your answer.''i-^ LVIII. On all interlocutory applications, as for an injunc- tion, or the appointment of a receiver, either party shall be at liberty to pi'oduce his witnesses for examin- ation in open court at the hearing of the application, as to all such matters as could be proved by their affi- davits, subject to cross examination as in other cases, or upon reasonable notice, to require the other party to produce his witnesses for examination in open court, unless sufficient cause be shown to the contrary. LIX. The method of taking testimony, except in cases provided for in the foregoing rules, shall be as follows : After the cause is at issue, the Court shall appoint an examiner at the request of either party who may 30 RULES OF EQUITY PRACTICE. first make application, which examiner shall cause such witnesses as either party may name to him to come before him on a reasonable day or days, to be appointed by him, of which he shall give notice to the parties ; for the enforcing of the attendance of which witnesses, either party may have subpoena or subpoenas, returnable before such examiner, to be enforced by the usual process of contempt. The examination shall be conducted by the counsel of the parties, viva voce, and the answers of the witnesses shall be reduced to writing by the examiner, and the questions also, if necessary to the understanding of the answer, or if it be required by either party. The testimony of both parties shall be taken before the same examiner, and the defendant shall not be com- pelled to proceed with the taking of his testimony, until the plaintiff has finished, or declared he has none to take, nor shall the plaintiff be compelled to proceed with the rebutting testimony until the de- fendant has completed the testimony on his part; but the Court may, upon the special application of either party, upon cause shown, appoint an additional exam- iner before whom the party making such application may proceed to take his testimony, notwithstanding the pendency of the proceeding of his adversary be- fore the examiner first named. LX. Whenever under these rules an oath is or may be required to be taken, the party may, if conscientiously scrupulous of taking an oath, in lieu thereof make solemn afiirmation to the truth of the facts stated by him. All affidavits and depositions shall be taken and expressed in the first person of the deponent ; and shall be divided into paragraphs, and each paragraph, as nearly as may be, confined to a distinct portion of the subject. EULES OF EQUITY PKACTICB. 31 LXI. Either party may enter a rule, as of course, on his adversary to close the taking of his testimony within thirty days after notice of such rule; any testimony taken after thirty days notice of such rule shall not be read in evidence at the hearing of the cause. But it shall be in the discretion of the Court to enlarge the time on the application of the party against vs^hom such order may have been obtained, upon sufficient cause being shov^^n ; and no such rule shall be entered against a party vphile by the provisions of the 59th rule, such party is not bound to begin until his adver- sary has closed. MASTERS. LXII. The Courts may appoint standing Masters in Chan- cery in their respective jurisdictions, and they may also appoint a master pro hac vice, in any particular case. The compensation to be allowed to every Mas- ter in Chancery for his services in any particular cause, shall be fixed by the Court in its discretion, having regard to all the circumstances thereof; and the com- pensation shall be charged upon and borne by such of the parties in the cause, as the Court shall direct. The Master shall not retain his report as security for his compensation; but when the compensation is allowed by the Court, he shall be entitled to an attach- ment for the amount against the party who is ordered to pay the same, if, upon notice thereof, he does not pay it within the time prescribed by the Court. LXIII. Whenever any reference of any matter is made to a Master to examine and report thereon, the party at whose instance, or for whose benefit the reference is made, shall cause the same to be presented to the Master for a hearing within ten days after the day 82 EULES OF EQUITY PBAOTICE. when the reference was made; if he shall omit to do so, the adverse party shall be at liberty forthwith to cause proceedings to be had before the Master, at the costs of the party procuring the reference, LXIV. Upon every such reference it shall be the duty of the Master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties or their solicitors; and if either party shall fail to appear at the time and place appointed, the Master shall be at liberty to proceed ex parte, or in his discretion to adjourn the examination and proceedings to a future day, giving notice to the absent party or his solicitor of such adjournment; and it shall be the duty of the Master to proceed with all reasonable diligence in every such reference, and with the least practicable delay ; and either party shall be at liberty to apply to the Court, or a law Judge thereof, for an order to the Master to speed the proceedings, and to make his report, and to certify to the Court or Judge the reasons for any delay. LXV. The Master shall regulate all the proceedings in every hearing before him, upon every such reference; and he shall have full authority to examine the parties in the cause, upon oath, touching all matters con- tained in the reference; and, also, to require the pro- duction of all books, papers, writings, vouchers, and other documents applicable thereto; where, by the principles of Courts of Chancery, the production of them may be compelled, and also, to examine on oath, viva voce, all witnesses produced by the parties before him, and to order the examination of other witnesses to be taken, under a commission to be issued upon his certificate by the Prothonotary ; and also, to direct RULES OF EQUITY PRACTICE. 33 the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and proceed- ings in the matters before him, which he may deem necessary and proper to the justice and merits thereof, and the rights of the parties. LXVI. All parties accounting before a Master shall bring in their respective accounts in the form of debtor and creditor, and any of the other parties, who shall not be satisfied with the account so brought in, shall be at liberty to examine the accounting party, viva voce, or upon interrogatories before the master, or by depo- sition, as the master shall direct. LXVII. The Master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such examination shall be taken down by the Master or by some other person by his order and in his presence, if either party requires it, in order that the same may be used by the Court, if necessary. LXVIII. All affidavits, depositions and documents, which have been previously made, read, or used in the Court, upon any proceeding in any cause or matter, may be used before the Master. LXIX. No exception will be received to the report of any Master, unless the party excepting has filed the same with the Master by whom the report has been made, 3 34 RULES OF EQUITY PHACTICE. whose duty it shall be, on such exception being filed, to re-examine the subject and amend his report, if in his opinion such exceptions are in whole or in part well founded. And in order to give all parties in interest an opportunity of entering such exception, no Master shall file his report until ten days after he has notified to the parties his intention so to do on a day designated, and giving them an opportunity of having access to such report. On the hearing of the question of confirming or setting aside the Master's report, the party excepting thereto shall be confined to the exception made by him before the Master, according to the previous requisition of this rule; reserving to the Court, however, the power of com- mitting the report again, should justice require it. On the return of the Master's final report, or at such time as may be established by the rules of the particular court, either party may set down the cause for hearing on the next equity argument list, provided that at least four days shall intervene; but if no exceptions be filed as thus provided, the report shall be confirmed at the expiration of twenty days suc- ceeding the day on which it shall have been filed. INTERLOCUTOEY OEDEES, GENERALLY. LXX. Any Judge of the Supreme Court, or District Coxirts, or any law Judge of the Courts of Common Pleas, as well in vacation as in term, may at Chambers make and direct all such interlocutory orders, rules and other proceedings preparatory to the hearing of causes upon their merits, in the same manner and with the same efiect as the Court could make and direct the same in term, reasonable notice of the same being first given to the adverse party, or his solicitor, :to appear and show cause to the contrary, at such time thereafter as shall be assigned by the Judge for the hearing thereof. RULES OF EQUITY PRACTICE, 85 LXXI. All motions, rules, orders and other proceedings, made and directed at Chambers or at the Prothono- tary's office, whether special or of course, shall be en- tered by the Prothonotary in his Equity Docket, on the day on which they are made and directed, and notice thereof given to the solicitors shall be deemed notice to the parties for whom they appear and whom they represent, in all cases in which personal notice on the parties is not otherwise specially required. The Equity Docket shall be kept by the Prothonotary at his office, and shall be open, at all office hours, to the free inspec- tion of the parties in any suit in equity, and their solicitors, AH notices shall be in writing. LXXII. All motions and applications in the Prothonotary's office for the issuing of mesne and final process, (except process of sequestration and of attachment to enforce and execute decrees;) for filing bills, answers, pleas, demurrers, and other pleadings ; for making amendments to bills and answers ; for taking bills pro confesso ; for filing exceptions, and for other proceed- ings which do not by these Rules require any allow- ance or order of the Court, or of any Judge thereof, shall be deemed motions and applications grantable of course by the Prothonotary of the Court ; but the same may be suspended, altered or rescinded by any law Judge of the Court upon cause shown, LXXIII, All motions for rules or orders, and other proceed- ings, which are not grantable of course, or without notice, shall be made on application to the Court or a law Judge at Chambers and entered in the Equity Docket, and shall be heard at such time thereafter as shall be assigned therefor by the Court or Judge 36 EULES OF EQUITY PRACTICE. the time of the making the application; and if the adverse party or his solicitor, after notice thereof, shall not then appear, or shall not show good cause against the same, the motion may be heard by any law Judge of the Court, ex parte, and granted, as if not objected to, or refused, in his discretion. LXXIV. No order allowing further time shall be made with- out written notice of the application for such order to the counsel on record of the opposite party ; and any order which does not recite such notice, or that the counsel attended at the hearing, may be disre- garded. LXXV. Cautionary orders in injunction bills shall not be made, nor shall any injunction be allowed except security be given according to law. But whenever an injunction shall be granted without previous notice to the opposite party, it shall be taken to be dissolved if the motion be not argued within five days after such notice given, unless otherwise specially ordered by the Court or a law Judge thereof LXXVI. In the city of Philadelphia all rules, or orders to plead or to close testimony, which according to the time prescribed in the foregoing rules, would other- wise expire on any day of the months of July and August, shall be deemed and taken to expire on the same day of the month of September following. LXXVII. If, on any interlocutory proceeding, a party shall be ordered to pay the costs thereof, such costs shall be taxed by the Prothonotary, and payment thereof may RULES OF EQUITY PRACTICE. 37 be enforced by attachment and sequestration, or the party to whom the said costs are directed to be paid, may, at his. option, have a common law writ of execu- tion for the recovery thereof; and the party against whom such order is made, shall not be allowed to take any further step in the cause until payment of such costs. DEOEEES AND PINAL PROCESS. LXXVIII. In drawing up decrees and orders, neither the bill, nor answer, nor other pleadings, nor any part thereof, nor the report of any Master, nor any other prior pro- ceedings, shall be recited or stated in the decree or order; but the decree and orders shall begin in sub- stance as follows: "This cause came on to be heard (or to be further heard, as the case may be,) at this term, and was argued by counsel, and thereupon, upon consideration thereof, it is ordered, adjudged and de- creed as follows, viz:" (Here insert the decree or order.) LXXIX. The decree shall be drawn by the solicitor of the party in whose favor it is, who shall, unless otherwise herein provided, serve a copy thereof on the solicitor of the adverse party, with notice of the time, which shall not be less than three days thereafter, when the same will be submitted to the Court; but the Court may direct the decree to be entered forthwith, without further notice upon the same being pronounced, should they think the justice of the case requires it, or when the solicitor of the opposite party is present and does not object to the form thereof. If the opposite party, where notice is required to be given to him, shall not deem such draft of decree in conformity with the in- tentions of the Court, he may file exceptions thereto before the day of hearing designated in such notice, 38 RULES OF EQUITY PRACTICE. which shall be submitted with the draft of the decree on the day so appointed, and thereupon, the Court approving of the draft, or correcting the same in con- formity with such exceptions, or otherwise, the Pro- thonotary shall enter it in his Equity Docket, and from thenceforth it shall become the act and decree of the Court. LXXX. If the decree or order be merely for the payment of money, the party in whose favor it is made, shall be entitled to have a minute thereof (without waiting for the draft of a more formal decree,) entered in the Equity Docket, and placed in the usual form of enter- ing judgments in the judgment index of the common law side of the Court. LXXXI. Unless otherwise provided by law or by these rules, or specially ordered by the Court, a writ of attach- ment, and if the defendant cannot be found, or it may be otherwise thought proper by the Court, a writ of sequestration or a writ of assistance to enforce a de- livery of possession, as the case may require, shall be the proper process to issue for the purpose of com- pelling obedience to any interlocutory or final order or decree of the Court; but the same shall not be issued unless upon motion, and allowance by the Court or a law Judge thereof. LXXXII. When any decree or order is for the delivery of possession, upon proof made by affidavit of a demand and refusal to obey the decree or order, the party prosecuting the same shall be at liberty to apply forthwith to the Court, or to a law Judge, for an or- der for a writ of assistance, upon the allowance of which the Prothonotary shall immediately issue the same. KULES OF EQUITY PEACTICE, 39 LXXXIII. Final process to execute any decree may, if the de- cree be solely for the payment of money, be by a writ of execution, in the form used in the same Court in suits at common law in actions of debt or assumpsit. If the decree be for the performance of any specific act, as for example for the execution of a conveyance of land or the delivering up of deeds or other docu- ments, the decree shall prescribe the time within which the act shall be done, of which the defendant shall be bound, without further service, to take notice ; and upon affidavit of the plaintiff, filed in the Pro- thonotary's office, that the same has not been complied with, the Court, if sitting, or any law Judge during vacation, may direct the issuing of a writ of attach- ment against the delinquent party, from which, if attached thereon, he shall not be discharged unless upon a full compliance with the decree and the pay- ment of costs, or upon a special order of the Court or of a law Judge thereof, upon motion and affidavit, enlarging the time for the performance thereof If the delinquent party cannot be found, a writ of sequestration may, upon motion, be ordered by the Court, or a law Judge thereof, to be issued against his estate upon the return of non est inventus, to compel obedience to the decree. LXXXIV. Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause; and every person not being a party to the cause, against whom obedience to an or- der of the Court may be enforced, shall be liable to the same process for enforcing obedience to such order as if he were a party in the cause. 40 RULES OP EQUITY PRACTICE. LXXXV. Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omission, may be corrected by order of the Court, or a law Judge thereof, upon petition, without the form or ex- pense of a rehearing. EEHEAEING. LXXXVI. Every petition for a rehearing, shall contain the special matter or cause on which such rehearing is applied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party, or by some other person. A rehearing may be granted at any time within the discretion of the Court; but where the decree has been executed, parties who have acted on the faith of such decree shall not be prejudiced by such decree being reversed or varied. LXXXVII. GENERAL PEOVISIONS. The Courts may make any other and further rules and regulations for the practice, proceedings, and pro- cess, mesne and final, in their respective districts, not inconsistent with the rules hereby prescribed, in their discretion, and from time to time alter and amend the same. LXXXVIII. In all cases when these rules or those prescribed by the other Courts do not apply, the practice of the Courts shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the RULES OF EQUITY PKAOTICB. 41 local circumstances and local convenience of the dis- trict where the Court is held, not as positive rules, but as furnishing just analogies to regulate the practice. LXXXIX. These rules shall take effect from and after the first day of July, 1865. It shall be the duty of the Pro- thonotary of the Supreme Court for the Eastern Dis- trict forthwith to send a certified copy thereof to the Prothonotaries of the Middle, Northern and Western Districts, and to the Prothonotary of each District Court and Court of Common Pleas throughout the State. INDEX. ACCOUNT. Accounting before masters regulated, AFFIDAVIT. For process to non-residents, . Of service of process, To demurrers and pleas, . Before whom sworn to. To be evidence before masters, To be divided into paragraphs, AFFIRMATION Allowed, instead of oath, AMENDMENTS. LXVI, LXVII XII XIII XXXII XLII LXVIII LX LX When to be printed, XIV To be printed on one side of the paper only, . . . XIV Bach party to be entitled to ten copies XIV Where demurrer or plea is allowed, .... XXXVI Of bill, after answer XLVIII Before answer, XLIX Notice of, XLIX After replication, L When amendments to be deemed abandoned, ... LI Defendant may demur or plead to amendments, . . LII Effect of original answer, LII Answers to amendments, Amendments to answers LIII Supplementary matters to be introduced by amendment, LIV Of decrees and decretal orders, .... LXXXV ANSWERS. (See Pleadings.) To be printed, Exceptions, Each party to be entitled to ten copies, . When plea to be supported by, . . . Defendant's answer to the bill. To be divided into paragraphs and numbered, What may be insisted on by answer,' XIV XIV XIV . XXXI XXXVIII XXXVIII XXXVIII Before whom sworn to, XLII 44 INDEX, ANSWERS— continued. Exceptions to answers to interrogatories, Effect of, after amendment of bill, . Answers to amendments, . . . . Amendments to answers, .... XL, XLIII LII LII LIII APPEALS. To be certified from district to district in certain cases, APPEAEANOE. How entered, In default of, decree pro confesso may be entered, . Or attachment issued IV XIII XIII XIII ARGUMENT. Of objection of want of parties. Of plea or demurrer, .... Of sufficiency of answer to interrogatories, Of exceptions to answers. Of exceptions to commissions, &c., . ASSISTANCE. When writ of, to issue, .... ATTACHMENT.- To compel answer, .... To enforce decree, .... . XXVII XXXIII, XXXVII XL XLIV, XLVI LVI LXXXI, LXXXII XXIX, XXXIX, XLV LXXXI, LXXXIII BILLS. (See Pleadings.) To be printed, Time of filing to be endorsed, . No suit to be deemed pending until bill filed. Copy of, to be served on defendants. Structure and form of bills, Reference for impertinence or scandal, Form of introductory part, To be divided into paragraphs. What averments to be inserted, Prayer for relief, &c., to be divided and numbered, Formal parts and interrogatories to be omitted, BILLS OP REVIVOR. Subject matter of, to be introduced by amendment, Service on new parties How personal representatives to be made parties, . COMMISSIONS. To take testimony, how issued. Piling of interrogatories, . Nomination of commissioners. Return of commissions, . Exceptions to execution of commissions Hearing of exceptions, . V, XIV V V VI XV XV XVI XVII XVII XVII XVII LIV LIV LIV LV LV LV LVI LVI LVI INDEX. 46 COMMONWEALTH. Service of process on, CORPORATIONS. Service of process on, COSTS. Expenses of printing to be allowed as costs, . Of reference for impertinence or scandal, Of nominal parties, required to answer, . On dismissal of, bill by agreement, .... On interlocutory proceedings, how payment enforced, COURTS OP EQUITY. To be always open for proceedings of course, . Power of, to make rules, SIV XV . XVIII . XXVIII LXXXII LXXXVII CROSS-BILL. May be filed to bring in other parties jointly liable with defendant XXV For discovery only, not to be allowed, .... XLI Defendant may interrogate plaintiff, . . XXXIX, XLI What cross-bills to contain, XLI Service of copies of, XLI Rights of new parties, XLI DECREE. When objection of want of parties is made at the hearing, XXVI Decree pro confesso, . . XIII, XXIX, XXX, XXXVII Form of decree, LXXVIII " " " . LXXIX . LXXIX . LXXX LXXXIX LXXXV Proceedings on entry of decree. Exceptions to draft of decree, When to be entered in judgment index, . In whose favor, and against whom enforced. Amendment of, DEMURRER. ' To be supported by affidavit, . Form of, May be set down by plaintiff for argument. Or defendant, on neglect of plaintiff. Not to be held bad in certain cases. If allowed, plaintiff may have leave to amend. Effect of disallowance of, .... DEPOSITIONS. Of ancient, infirm and going witnesses, how taken, When to be read in evidence, . Notice of filing. Exceptions to, . Hearing of exceptions, . To be evidence before masters, To be divided into paragraphs, . XXXII . XXXII . XXXIII . XXXIV . XXXV . XXXVI XXXVII LV LV LVI LYI LVI LXVllI LX 46 INDEX. DISCOVERY. Cross-bills for discovery only not to be allowed, . . XLIl Defendant may interrogate plaintiff, . . XXXIX, XLI DISMISSAL. Parties may agree that suit be dismissed, . . . XXXIII On payment of costs, suit to be discontinued, . . . XXXIII DOCKET. To be kept by prothonotary, XIII, LXXI Entering of appearance XIII Motions and orders to be entered on LXXI To be open to inspection, LXXI EVIDENCE. Mode of taking testimony, LIX Appointment of examiners, LIX Examination of witnesses LIX Affirmations allowed LX Closing of examination, . i LXI Before masters, LXVIII EXAMINEES. Appointment of, LIX Duties of, LIX Closing of examination, LIX EXCEPTIONS. To answers to interrogatories XL, XLIII Argument of, XLIX Time for filing, XLIV, XL VI To be printed, XLIV If allowed, defendant to answer, XLV Or attachment may issue, XLV Form of exceptions, XL VI Hearing of, XLVI To execution of commission, or taking of depositions, . LVI To master's reports, LXIX Hearing of, LXIX To draft of decree, LXXIX EXECUTION. Attachment, LXXXI, LXXXIII Sequestration, LXXXI Writ of assistance . . LXXXII When common law writ to issue LXXXIII EXECUTORS AND ADMINISTRATORS. How to be made parties, LIV FORMA PAUPERIS. When poverty to dispense With printing of pleadings, . XIV Fairly written copies to be served in such cases, . . XIV The other party may print, XIV Court may make order for payment of expenses, . . XIV INDEX. 47 FRAUD. Plea denying fraud, must be supported by answer, . . XXXI GUAEDIANS AD LITEM. Appointment of, VII HEIRS AT LAW Need not be made parties to suits to execute the trusts of a -will, XXIV May be made parties if plaintiff desires to bind them, . XXIV HUSBAND AND WIPE. Service of process on IX IMPERTINENCE. Reference of bill for impertinence, XV Impertinent matter to be expunged at plaintiff's expense, XV If not impertinent, defendant to be entitled to costs, . XV Court or law judge may decide without reference, . . XV INFANTS. May sue by guardian or prochein ami, .... VII Fact of infancy to be stated, XIX INJUNCTION. Injunction bills may be filed before printing, on cer- tificate of want of time XIV Printed copies to be filed and served within twenty days, XIV In default bill to stand dismissed, XIV On motion for, witnesses to be examined in court, . . LVITI Cautionary orders not to be allowed LXXV Injunction granted without notice to be dissolved unless argued within five days LXXV INTERLOCUTORY APPLICATIONS. When witnesses to be examined in court, . . . LVIII Powers of judges to grant, at chambers, .... LXX To be entered on the docket LXXI Hearing of, LXXIII Order allowing further time, only to be made on notice, LXXIV IN TBRRO GATORIBS. To be printed XIV Exceptions XIV Each party to be entitled to ten copies, .... XIV Not to be inserted in bills XVII, XXXIX To be filed separately XXXIX Defendant may interrogate plaintiff, .... XXXIX When interrogatories may be filed, XXXIX To be divided and numbered XXXIX Particular interrogatories which each defendant is to answer, to be noted, XXXIX 48 INDEX. INTERROGATORIES— continued. To be part of the pleadings, XXXIX Service of copy XXXIX Rule to answer, XXXIX Attachment to compel answer, XXXIX What defendant may decline to answer .... XL Argument thereof, as on exception for insufficiency, . XL Exceptions to answers to interrogatories, . . XL, XLIII For commission to examine witnesses, .... LV Form of last interrogatory LVII JOINT AND SEVERAL. Plaintifif may proceed against one or more jointly and severally liable, XXV Defendant may file cross-bill against the other parties, . XXV Who may make themselves parties to the original action, XXV MASTERS. To report on reference for impertinence or scandal, . XV Appointment of, LXII Compensation, . ; LXXII Not to retain report as security, LXII How payment of compensation enforced, . . . LXII Hearj. igs before LXIII Duties of, LXIV Powers of, LXV Accounting before, LXVI Power of, to examine the parties, LXVII Evidence before, LXVIII Exceptions to reports of, LXIX Filing of reports of, ; . LXIX Hearing of exceptions, LXIX NISI PRIUS. To have original cognizance of equity cases in the eastern district, . . . . . . . . IH NON-RESIDENTS. Service of process on, XI, XII Fact of non-residence to be stated, XX NOTICE. All notices to be in writing, LXXI ORDERS. Making of interlocutory orders LXX Motions and rules of court, LXXII To be entered in the equity docket LXXI Motions for LXXIII Hearing of motions for LXXIII Orders for further time, to be made, on notice, . . LXXIV Cautionary orders in injunction bills not to be made, . LXXV When rules and orders to expire in Philadelphia, . . LXXV I In whose favor, and against whom enforced, . . LXXXIV INDEX. 49 PABTIES. Nominal parties need not appear and answer unless spe- cially required, XVIII But to be bound by the proceedings, .... XVIII If required to answer, to be entitled to costs, . . . XVIII Infants and parties not sui juris, XIX Non-residents XX Where certain proper parties may be omitted, . . XXI Decree to be without prejudice to their rights, . . XXI When parties may represent numerous classes, . . XXII Trustees to represent parties beneficially interested, . XXIII When heirs at law to be made parties, .... XXIV In suits on joint and several demands, .... XXV Decree when objection for want of parties is made at the hearing, XXVI When cause may be set down for hearing on objection for want of parties, XXVII Proceedings where defect of parties is apparent at the hearing, XXVII PLEADINGS. To be printed XIV Each party to be entitled to ten copies, .... XIV Exceptions in case of poverty, and of injunction bills, *. XIV Unprinted pleadings not to be allowed to be filed, . '■".' XIV Eule to plead, demur or answer XXIX Plea, demurrer and answer may be joined, . . . XXXI When plea to be supported by answer, .... XXXI Demurrers and pleas to be supported by affidavit, . . XXXII Plaintiff may set down demurrer or plea for argument, . XXXIII Or take issue on plea XXXIII Effect of issue determined for defendant, . . . XXXIII When defendant may set down demurrer or plea for argu- ment, XXXIV Demurrer or plea not to be held bad because not exten- sive enough XXXV Or because answer extends to some part of the same matter XXXV On demurrer or plea being allowed, plaintiff may amend by leave, XXXVI If disallowed, defendant to answer, .... XXXVII In default, decree pro confesso, .... XXXVII Or where plea or demurrer is held vexatious, . . XXXVII Replication may be filed before answers to interrogato- ries or pending exceptions thereto XL Demurrer, plea, or answer to amendments, . . . LII PRACTICE. Of English Court of Chancery, when to prevail, . LXXXVIII PRINCIPAL AND SURETY. Plaintiff may proceed against one or more jointly and severally liable, XXV Defendant may file cross-bill against the other parties, . XXV Who may make themselves parties to the original cause, XXV 4 50 INDEX. FEINTING. All pleadings to be printed XIV, SLIV Exceptions XIV When amendments to be printed, XIV Expense of, to be allowed as costs XIV PROCESS. Form of original process, VI How served VIII, XII In special eases, VIII On husband and wife, ... ... IX On corporations, X On the commonwealth, X On non-residents XI, XII PROOHBIN AMI. Infants, &c., may sue by, VII FRO OONFESSO. Decree pro confesso, in default of appearance, . . XIII Proceedings on decree pro confesso, .... XXIX When to be deemed absolute, XXX PEOTHONOTARY. To be in attendance daily during office hours, . . II To enter suits pending, . . . . . . . XIII To enter service of process, XIII Duty of, in reference to these rules, . . . LXXXIX PUBLICATION. Of subpoena to non-residents, XII RECEIVER. On motion for, witnesses to be examined in court, . . LVIII RELIEF. Prayer for, to be divided and numbered, .... XXII REHEARING. Form of petition for LXXXVI When to be allowed, LXXXVI Effect of, LXXXVI REPLICATION. May be filed before answer to interrogatories, or pending exceptrdhs thereto, XL Time for filing, XL VII Rule to reply XLVII Effect of failure to reply, XLVIT Form of, XLVII Special, not to be allowed XLVIII But plaintiff to amend XLVIII INDEX. -51- SOANDAL. Reference of bill for scandal, XV Scandalous matter to be expunged at plaintiff's expense, XV If not scandalous, defendant to be entitled to costs, . XV Court or a law judge may decide without reference, . XV SEQUESTRATION. When to issue on decree, SERVICE. Of process on defendants, In special cases, On husband and wife. On corporations, On the Commonwealth, . On non-resident defendants, Proof of, to be entered, . SUBPCBNA. To non-residents, form of, ... . SUITS. Not to be deemed pending, until bill filed, SUPPLEMENTAL BILLS. Subject mattei- of, to be introduced by amendment. Service on new parties, SUPREME COURT. To take original cognizance of equity cases, except in the eastern district, TRUSTEES. To represent parties beneficially interested, Cestuis que trust need not be made parties. Court may direct such persons to be made parties, . WILLS. Heirs at law need not be made parties to suits to execute the trusts of a will, ... .... Plaintiff may make them parties, in order to bind them, . WITNESSES. LXXXI, LXXXIII VIII, XII VIII IX X X XI, XII XIII XI LIV LIV IV XXIII XXIII XXIII XXIV XXIV LV How examined, on deposition, or commission, . When to be produced in court on interlocutory applica- tions, LVIII Examination of, LIX May be affirmed, . LX GENERAL ORDERS, TOGETHER WITH THE FORMS OF PEOCEEDIM IN BANKRUPTCY, AS PROMULGATED BY THE SUPREME COURT OF THE UNITED STATES. ORDER OF COURT In relation to Rules, Sfc., in Bankruptcy. Ordered, That certain Enles and Forms of Proceeding in Bankruptcy having been framed and adopted by the Court in pursuance of the Act of Congress, approved March 2, 1867, the same are now promulgated as such. And it is further Ordered, That the said Eules and Forms be recorded by the Clerk, and that they be allowed to be _printed. Test : D. W. MIDDLETON, Clerk, Supreme Court United States. May 16, 1867. GEMHAL OEDERS M BAMRUPTCT. iTi pursuance of the Tenth Section of the Act entitled " An act to establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867, the Justices of the Supreme Court of the United States have framed the following General Orders, which shall constitute the Rules of Practice and Procedure in Bankruptcy in the District Courts of the United States : — Duties of Clerks of District Courts. The Clerks of the several District Courts shall enter upon each Petition iu Bankruptcy the day, and the hour of the day, upon which the same shall be filed; and shall also make a similar note upon every subs^uent paper filed with them ; and the papers in each case shall be kept in a file by themselves. No paper shall be taken from the files for any purpose except by_ order of the Court. Every paper shall have endorsed upon it a brief statement of its char- acter. The Clerks shall keep a Docket, in which the cases shall be entered and numbered in the order in which they are, commenced ; and the number of each case shall be endorsed on every paper. The docket shall be so arranged that a brief .memorandum of every proceeding in each case shall be entered therein, in a manner convenient for reference, and shall at all times be open for public inspection. The Clerks shall also keep separate minute books for the record of proceedings in bankruptcy ; in which shall be entered a minute of all the proceedings in each case, either of the Court or of a Eegister of the Court, under their respective dates. II. Process. All process, summons, and subpoenas shall issue out of the Court under the seal thereof, and be tested by the Clerk ; and blanks with the signature of the Clerk and seal of the Court may, upon application, be furnished to the Eegisters. III. Appearance. Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor ; but a creditor will only be allowed to manage before the Court his individual interest. Either party may appear and conduct the proceedings by attorney, who shall be 4 GENEEAL ORDERS IN BANKEUPTCY. an attorney or counsellor authorized to practice in the Circuit or District Court. The name of the attorney or counsellor, with his place of residence and busi- ness, shall be entered upon the docket, with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be endorsed as above required ; and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the Act, or by these Eules required to be served on the party personally, may be served upon his attorney. IV. Commencement of Proceedings Upon the filing of a petition in case of Voluntary Bankruptcy, or as soon as any adjudication of bankruptcy is made upon a petition filed in ease of In- voluntary Bankruptcy, the petition shall be referred to one of the Registers in such manner as the District Court shall direct ; and the petitioner shall furnish the Register with a copy of the papers in the case, and thereafter all the proceedings required by the Act shall be had before him, except such as are re- quired by the A 'O f>. 2 » s « I'-? © tf-l &*« S^ © o-ap c3 O „.-^ ■carl © — ©:o ©o 20 FORMS UNDER THE U. S. BANKRUPT ACT, 1867. III Sa 5 wi O fO v -w d ■2 bo 135 s a « ■3 ■2 1 O M ^j "sli Isa o "a po lit Sh" P1-? > ^ 01 * a o £ - CO o US d « 10 3 « ^■0,059 «" ui 2 Ord is Q3 ^ o-g J:^ d S "d o d-S ^ a-S d «> " S s _, o « " 7§S.s Nature and Consideration of the Debt, and whether any Judgment, Bond, Bill of Exchange, Promissory Note, &c. , and whether contracted as copartner or joint- contractor, with any other Person; and, if so, with whom. 1 CD B ^ So I e « ^& CO § a i § CA 1 1 Names of Creditors. 1 is A, FORMS UNDER THE U. S. BANKRUPT ACT, 1867. 21 c3 S'5 S ■is a) 0a ^9 d o Q IB ® ■3a P O f S3 2l <=5 _s " © nj O o g ft ^2 .2 OD -"old a* m => f »« o sat; « -Sri" ^ 111 ^ z»i K^ Sip a) ID O O PI'O 9 a ^ y C3 a " HO o 2 i o P4 13 n _» o So W,3 iS CD 'rH °i Is p:3 < 22 FORMS UNDER THE U. S BANKRUPT ACT, 1867. k 4> 2 fe S '♦H ft Sal <1^ o DQ U CQ §"ss 5 « ^ ' s g « OB'S *5 PI "ft" 2 oca 2 ..3 - « ^ 5PJ2 .■a ^a ^"2 © OJ =" sa ^ Wop a«.2 ■5 o.'-§ Is-s -Ho a"" n* ^ ^ o'o p a ^ I. t- ID Whether liability was contracted as co- partner or joint-contractor, or with any other Person; and, if so, with whom. 1 o 4 « «©= o O Ti GO ii II «l ^. ii «f2 1 o i 1 P4 !5 POEMS UNDER THE V. S BANKRUPT ACT. 1887 23 'fe^l «* 5i "O '■^i g ^ o <>) •^ •^ "t S? Nt; S s %) , 5Q P ■a c3 IS o a a 9 I- 03^ i ■^ a u CI ■^ o Ph o Is .-3 -a CD ^ I" »^ O) DQ s g IN BANKRUPTCY. By Whom a Petition for Adjudication oi Bankruptcy was Filed on the day of , A. D. 18 , in said Court. At , in said District, on the day of , A. D. 18 Before , one of the Registers, of said Court in Bankruptcy. I, THE ' Undersigned, a Register of said Court in Bankruptcy, upon good proof before me , taken, do find, that the said , has become a Bankrupt within the true intent and Meaning of the Act of Congress Entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867 ; and I do hereby declare and adjudge him a Bankrupt accordingly. Register in Bankruptcy. CN. B. — ^When a Debtor is declared a Bankrupt upon a Creditor's Petition, the Order should be made by the Court and Entered as an Order of the Court in substantially the form above prescribed. ] FORMS UNdEK the U. S. BaMKRUFT ACT, 1867. 33 Form No. 6. WARRANT TO MESSENGER. ( Voluntary Bankruptcy.) In the District Court of the United States, For the District of t . In the Matter of By Whom a Petition for Adjudication of Bankruptcy was Filed on the day of , A. D. 18 , in said Court. District of , u : — To the Marshal of the District of : — Greeting : — Whereas, a Petition for Adjudication of Bankruptcy and for Relief, under the Act of Congress, entitled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867, was, on the day of ' , 18 , filed by , of , in said District, upoft which he hath been found and adjudged a Bankrupt, there being no opposing party thereto : — You are, therefore, HEREBY DIRECTED, AS MESSENGER, to publish times in the — [Here name the newspapers in which the notice is to be published,] (the first publica- tion to be made forthwith,) the following notice, to wit : — This is id give Notice : That on the day of , A. D. 18 , a Warrant in Bankruptcy was issued against the Estate of , of , in the county of , and State of , who has been adjudged a Bankrupt, on his own Petition ; that the Payment of any Debts and Delivery of any Property belonging to such Bankrupt, to him, or for his use, and the Transfer of any Property by him are for- bidden by Law ; that a Meeting of the Creditors of the said Bankrupt, to Prove theii- Debts, and to Choose one or more assignees of his Estate, will be held at a Court of Bank- ruptcy, to be holden [Here designate the Place, and Building, Room, or Office where the Court is to beheld'\ before , Register, on the day of , A. D. 18 , at o'clock M. And you are further directed to Serve Written or Printed Notice, forthwith, Either by Mail or Personally, [ Those upon whom personal Service is to be made, sliould be designated by the Court, or Register,'\ on all Creditors upon the Schedule filed with said Bankrupt's Petition, [or, where names may be given you in addition thereto by the Debtor,] a least ten days before the appointed meeting of said Court, in the following form, to wit : — To Mr.. , of , County of. , and State of . Creditor of , Bankrupt. You are hereby notified, that a Warrant in Bankruptcy has been issued out of the District Court of the United States, for the District of , against the estate of , adjudged a Bankrupt, npon his own Petition: — That the payment of any Debts, anil the Delivery of any Property belonging to said Bankmpt, to him, or for his use, and the transfer of any Property by him are Forbidden by Law : — That a Meeting of the Creditors of said Bankrupt, to wit: [Here insert names of the Several Creditors of Bank- rupt, with their places of residence and amount of their debts, respectively, in the following form, e.g. : — A. B. , |Boston,Mass I $500] to Prove their Debts and Choose one or more Assignees of his Estate, will be held at ai Court of Bankruptcy, to be holden on' the day of , A. D. ) 8 , at o'clock, — M., at [Here insert the Place, Building, Room, or Office, where the Court will' be held\ before , Register. And have you then there this Warrant, with your doings thereon. Witness the Honorable , Judge of the said Court, und the seal thereof, at. , in said District, on the \Ct:In.\ dayof ,A.D.18 . Clerk of District Court, for said' DistricL 34 FORMS UNDER THE U. S. RANKRUPT ACT, 1867. Form No. 1. RETURN OF MESSENGER TO ACCOMPANY WARRANT. [N. B, — This Return may be Endorsed on the Warrant, or follow the signature of the Clerk.] District of : »*. ' At , on the day of , A. D. 18 . — By virtue of the within Warrant, I have caused the notice therein ordered, to be published, by advertise- ment, times, in the Newspapers within mentioned ; the first publication of which was on the day of , A. D. 18 , in \IIere mention Newspaper in which first publication was had,] And I also on the day of , A. D. 18 , sent by mail or served personally upon the creditors and others named in said Warrant, a copy of the notice required thereby to be sent to, or served on them : — And all of the said notices were according to the directions set out in said Warrant. Fkes. 1. For service of warrant 2. For necessary travel miles, at 5 cents per mile, each way 3. For each written note to Creditor named in the Schedule, 10 cents 4. For actual and necessary expenses in publication of notices [N. B. — If there are any other necessary expenses, the same ntay be inserted in specific terms, numbering the same consecutively.] U. S. Marshal, as Messenger, District of District of , ss : — , A. D. 18 . Then personally appeared the , and made oath, that the above Expenses returned by him, in addition to his fees, were actually and necessarily incurred and paid by , him, and that the same are just and reasonable. Before me, District Judge, [or, Register in Bankruptcy.] Form No. 8. REGISTER'S OATH OF OFFICE. United States of America, District of , ss: I, , having been duly nominated and recommended by the Chief .Justice of the Supreme Court of the United States, and appointed by the Dis- trict Judge of the United States for the district of , as a Register in Bankruptcy under the act entitled "An Act to Establish a Uniform " Systern of Bankruptcy throughout the United States," approved March 2, 1867, do solemnly swear that^I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto ; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, pjwer, or constitution within FOKMS UNDEK THE U. S. BANKRUPT ACT, 1867 35 the United States hostile or inimical thereto. And I do further Bwear, that to the best of my knowledge and ability, I will support and defend the Constitu- tion of the United States against all enemies, foreign and domestic ; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties of the office on which I am about to enter ; and also, that I will not, during my continuance in office, be directly or indirectly interested in, or benefited by, the fees or emoluments arising from any suit or matter pending in bankruptcy in either the District or Circuit Court in this District. So help me God. Subscribed and to, before me this day of , A. D. 18 . District Judge. Form No. 9. OFFICIAL BOND OF REGISTER. t In the District Court of the United States, For the District of In Bankruptcy. Know all men by these Presents : That we [Insert names and resi- dences in full of Bondsmen] are held and firmly bound to the United States of America in the sum of dollars, lawful money of the United States, to be paid to the said United States, for the payment of which, well and truly to be made, we bind ourselves and each of us, our and each of our heirs, exec- utors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of ' , Anno Domini one thousand eight hundred and Whereas the said , having been on the ' day of , A. D. 18 , appointed by the Honorable , Judge of the Dis- trict Court of the United States for the District of , a Register in Bankruptcy, in and for said District, this Bond is executed pur- suant to the Third Section of the Act of Congress entitled " An Act to Estab- lish a Uniform System of Bankruptcy throughout the United States," ap- proved March 2, 1867, and is conditioned for the faithful discharge of the du- ties pertaining to said office of Register in Bankruptcy. In witness whereof we have hereunto set our hands and seals this day of , A. D. one thousaiid eight hundred and , [l, s." , [l. s._ Signed, sealed, and filed in office of the Clerk of said District Court. Attest : , Clerk District of fN. B. — ^The above Bond to be endorsed witb the approval of the Judge of the District Court thus: "I hereby approve the within Bond, and declare the sureties THEREON TO BE SATiSFAcf ORY ; " and the usual certificate of the Clerk of the District Court, as to the exact time and date of filing. ] 36 FORMS UNDER THE U S. BANKRUPT ACT, 1897. Form No. 10. COMMON ORDER. In the District Court of the United States, For the District of In the Matter of ) In Bankruptcy Bankrupt . At , in said District, on the day of , A. D. 18 Before Mr. , one of the Registers of said District Court, in Bankruptcy. District of , ss : Upon the application of , of , in the County of , and State of , there being no opposing interest, [or, the party, or parties, appearing assenting thereto, ] It is Ordered : [Here insert the order.] Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the , Clerk of District Court, for said District. Form No. 11. CERTIFIED MEMORANDUM OF FIRST MEETING OF CREDITORS. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt At , in said District, on the day of , A. D. 18 . Before Mr. , Register in Bankruptcy. District of , ss : — Memorandum. — This being the day appointed by the Court for the First Meeting of Creditors under the said Bankruptcy, whereof the notice required in that behalf has been duly given, I, the undersigned, Register of the said Court in Bankruptcy, sat at the time and place above mentioned, pursuant to such no- tice, to take the proof of debts and for the choice of assignee under the said Bankruptcy ; and I do Jjiereby certify that the greater part in number and in value of the creditors who have proved their debts were present, or duly repre- sented, and made choice of , of , in the County of , and State of , as the Assignee of the said Bankrupt's estate. [Or, Failed to make choice of an Assignee of said Bankrupt's estate, and there being no opposing interest, I appointed , of , in the County of , and State of , as Assignee of the same. FOEMS UNDER THE U. S. BANKRUPT ACT, 1867. 37 [Or, Failed to make choice of an Assignee of said Bankrupt's estate, and there being no opposing interest, I further certify to the Court the failure to make such choice of Assignee, in order that the Court may take action in the premi- ses. Register in Bankrwptcy. FN. B.— When the matter of appointment is referred to the Court, the Register may, if requested, certify the names of the persons proposed at the Creditor's meeting and the votes given for each.] Fmrm No. 12. ABSTRACTS OP PROCEEDINGS UNDER SECTION FOUR— FORM OF MEM- ORANDUM TO BE RETURND TO CLERK BY REGISTER, OF fflS ACTION IN EACH CASE. In the District Court of the United States, For the District of In the Matter of Ijv Bankruptcy. Bankrupt . At , in said District, on the day of , A. D. 18 . Before Mr. , Register in 'Bankruptcy. District of , ss : Memoeanj)UM. — This day attended the first meeting of Creditors of , the Bankrupt aforesaid, at said , where choice was made of as- signee as appears by the papers herewith returned. [Here insert particular statement of all that was done before the Register. '\ Register in Bankruptcy. [N. B. — A memorandum of what is done in each case respectively must be returned on - separate sheets of paper. ] Form No. 13. CREDITORS WHO HAVE PROVED THEIR DEBTS AT FIRST MEETINa In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt At , in said District on the day of , A. D. 18 . Before Mr. , Register in Bankruptcy. 38 FORMS UNDER THE U. S. BANKRUPT ACT, 1867. District of , ss : The following is a list of Creditors who have this day proved their debts : — Names of Creditors. Residence. Debts Proved. • Dolls. Cts. Register in Bankruptcy. Form No. 14. FORM OF SPECIAL LETTER OF ATTORNEY. In the Matter of I\ Bankruptcy. Bankrupt To Sir : [or, Messrs., or, Gentlemen,] T, [or, we,J hereby authorize you, or any one of you, to attend the Meeting of Creditors in this matter, advertised or directed to be holden at , on the day of , before , or on the day advertised in the [Name tht Newspapers] or any adjournment thereof, and then and there for , and in name to vote for or against any proposal or resolution that may be lawfully made or passed at such meeting or adjourned meeting; and in the choice of Assignee, or Assignees of the Estate of the said Bankrupt, and for , or , to accept such appointment of Assignee. Dated this day of , A. D. 18 . Witness to the signature of , Exhibited to me this day of , A.D. 18 Register in Banhruptcy. FORMS UNDER THE U S. BANKRUPT ACT, 1867, 39 Form No. 15. CHOICE OF ASSIGNEES. (First Meeting of Creditors.) In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt At , in said District on the day of , A. D. 18 . Before Mr. , Register in Bankruptcy. District of ss : Memorandum. — This being the day appointed by the Court for the First Meeting^of Creditors in the above Bankruptcy, and of which due notice has been given in the [Here insert the names of the Newspapers in which notice was published,^ and by special notice served personally, or through the mail. We, whose names are hereunder written, being the greater part in number and in value, of the Creditors of the said , Bankrupt aforesaid, pres- ent at this Meeting, and who have proved our Debts, have chosen, and do hereby nominate and choose [Here insert the name, or names of assignees, with th%ir places of residence, respectively] to be the assignee of the said Bankrupt's Estate and Effects, and we do desire that he \or, theyj may be appointed such assignee , accordingly : Names of Creditors above men- tioned. Residences of the Same. Am'nt of Debt. • Dolls. Cts. I [or, we] do hereby accept the said Trust, \or. Appointment.] Assignee . I, , a Register of the said Court in Bankruptcy, do hereby approve of, and confirm the said choice of Assignee . , Register in Bankruptcy. * hereby appoint Mr. , of , to act as Solicitor, and Attorney in the above Bankruptcy. , Register [or. Assignee.] -, District Judge. *N. B. — If no attorney be appointed, strike the latter form out, and when the appoint- ment is made file an appointment as above, signed by the Assignee. The District Judge will endorse hereon, in case of. approval of the above, thus : " Ap- proved." 40 FORMS UNDER THE U. S. BANKRUPT ACT, 186?. Form No. 16. NOTIFICATION OF APPOINTMENT OF ASSIGNEE. In the District Court of the United States, For the District of In the Matter of j ) In Bankruptcy. Bankrupt . j District of , ss : — To , of , in the County of , and State of : — I DO HEREBY CERTIFY to you, that you were duly chosen [or, appointed] assignee [or, one of the assignees] of the Estate and Effects of the ahove named Bankrupt, at the first meeting of Creditors, on the day of , A. D. 18 , and I do hereby approve and confirm said election, [or, appoint- ment ;] and I do further certify, that the greater part in value and in number of the Creditors of said Bankrupt who had proved their claims 'were present, or were duly represented at said meeting. Dated at , the day of , A. D. 18 Judge of said District, [or, Register in Bankruptcy,!^ [N. B. — If the appointment is made by the Judge, the last clause should be omitted. ] Acceptance of Assignee. [N. B. — To be endoryed on notification, or to follow it.] To WHOM IT MAY CONCERN : Be it known, that I hereby signify my accept- ance of the Trust of Assignee of the Estate of the above [or, within] named Bankrupt this day of , A. D, 18 Forin No. 17. BOND OF ASSIGNEE. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt District of , ss : Know all mkn dy ihesk presents: That we, , of ; of ; and of _ , are held and firmly bound unto the United States of America in the just and FORMS UNDER THK U S BANKRUPT ACT, 1867 41 full sum oC dollars, to the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors, and admin- istrators. Signed, Sealed, and Delivered at , this day of , A. D. 18 . The said , having been, on the day of , A. D. 18 , by order of the District Court of the United States for the District of ; In Bankruptcy, appointed assignee of the estate of , a Bankrupt, this Bond is executed pursuant to the thirteenth Section of the Act of Congress entitled "An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867; and is conditioned for the due and faithful discharge of all duties by the said , as such assignee, and in compliance with the Orders and Directions of the Court in the matter of Bankruptcy of the said Signed, Sealed, and Delivered in presence of — FN. B. — To be Endoised on the above Approved : — -, [l. S.^ L S ibove ' ' On tlie day of , A. D. 18 District Judge, [or, Register in Bankruptcy.] Form ^^o. 18. ASSIGNMENT OF BANKRUPT'S EIFECTS. In the District Court of the United States, Vor the District of In the Matter of \ In Bankruptcy ( Bankrupt , District of , ss : — Know all men by these presi;.\i'S, that , of the of , in the County of , and StMte of , in said District ha been duly appointed assignee [If more than one assignee is appointed, insert accord- ingly\ in said matter. Now, therefore, I , Judge of said Dis- trict Court, \or, Kegister in Bankruptcy of said District,] by virtue of the authority vested in me by the 14di Section of an Act of Congress entitled "An Act to Establish a Uniform System of Bankruptcy throughout the United States," apprdved March 2, 1867, do hereby convey and assign to the said , assignee, as aforesaid, all the Estate, Real and Personal, of the said , Bankrupt, aforesaid, including all the property, of what- ever kind, of which he is possessed, or in which he wa.-> mterested, or entitled to have on the day of , A. D. 18 , with all his Deeds, Books, and Papers relating thereto, excepting such properly as is Exempted from the operation of this Assignment by the provisions of said Eourteenth Section of said Act. To HAVE AND TO HOLD all the foregoing premises to the said , and his heirs forever, In TRtiST, nevertheless, for the use and purposes, with the powers, and subject to the conditions and limitations set forth in said Act. 42 FORMS UNDER THE U. S. BANKRUPT ACT, 1867 Uf In witness whereof, I, the said Judge [or, the said Register] have here- unto set my hand, and caused the seal of said Court to be affixed, the Court. 1 this day of A. D. 18 District Judge, [or, Register in Bankruptcy.] Form No. 19. NOTICE OF ASSIGNEE OF HIS APPOINTMENT. (In Bankruptcy.) District of , ss : At , the day of , A. D. 18 . The undersigned hereby gives notice of his appointment as assignee of , of , in the County of , and State of , within said District, who has been adjudged a Bankrupt upon his own Petition [or, on Creditor's Petition; or, as the case may be] by the District Court of said District. , Assignee, Sfc. To , Form No 20. EXEMPTED PROPERTY. In the District Court of the United States, For tha District of In the Matter of In Bankuupihy. Bankrupt At , on the day of , 18 District of ss: The following is a Schedule of property de:Mgnated and set apart to be re- tained by the Bankrupt, aforesaid, as his own property, under the provisions of the 14th Section of the Aci of Congress entitled "An Act to establish a Unit'orm System of Bankruptcy throughout th ■ United States," approved Marcli-Ir!i Bankruptcy. Bankrupt District of , ss: — I, , of , in the County of , and State of , President \or, Cashier, or, Treasurer, or, as the case may be] of , , being a Corporation incorporated by and under the laws of the State of , and carrying on business at , in the State of , being duly sworn, do solemnly declare that I am such officer, and duly authorized to make this proof, and that the statement of the , between the said Corporation and the said Bankrupt, hereunto annexed, is a full, true, and complete statement of account between the said Corporation and the said Bankrupt; and that it is within my own knowledge, that the debt thereby appearing to be due from the estate of said Bankrupt to the said Cor- poration was incurred, on, or before the day of , and for the consideration therein stated; and that to the best of my knowledge and beliei the said debt still remains unpaid and unsatisfied. And I do further declare that said claim was not procured for the purpose of influencing the proceedings under said Act, and that no bargain or assignment, express or implied, has been made or entered into by or on behalf of said Corporation to sell, transfer, oi dispose of the said claim or any part thereof, against such Bankrupt, or to take or receive, directly or indirectly, any money, property, or consideration what- ever, whereby the vote of such Corporation, or of any person in the proceedings under said Act was, is, or shall be, in any way, affected, influenced, or controlled President [or, as the case may be\ of the Company, [or. Association.] Declared under oath at , this day of , A. D. 18 Before me. RcgiUcr in Bankruptcy. 4l> FOKMS UNDER THE U. S. BANKEUPT ACT, 1867. Fm-m No. 24. AFFIDAVIT FOE PROOF OF DEBT BY AGENT OR ATTORNEY. In the District Court of the United States, For the District of In the Matter of I In Bankruptcy. Bankrupt District of , ss : — On this day of , A. D. 18 , before me, , Register in Bankruptcy, [or, U. S. Commissioner, or other proper officer] of said District, personally appeared , of , in the County of ., and State of , Attorney, [or, Authorized Agent,] of , in the County of , and State of , and after being by me duly sworn, [or, affirmed,] says that the said , the person by [or, against] whom a Petition for Adjudication of Bankruptcy has been filed, , at and be- fore the filing of the said Petition, and still justly and truly indebted to the said , in the sum of dollars and cents, [Here particu- larly describe the consideration of the debt, and whether any, ^.,] for which said sum of dollars and cents , or any part thereof, this De- ponent says that he has not, nor has any person by h Order, or to this Deponent's knowledge, or belief, for use had or received any, manner of satisfaction or security whatsoever. And this Deponent further says, that the claim was not procured for the purpose of influencing the proceedings under the Act of Congress entitled "An Act to Establish a Uniform System of Bankruptcy throughout the United States," approi^ed March 2, 1867; that no bargain or agreement, express or implied, has been -made, or entered into, by, or on behalf of such creditor to sell, transfer, or dispose of said claim, or any part thereof, against said Bankrupt, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of such Creditor for assignee, or any action on the part of such Creditor, or. any other person in the proceedings under said Act, has been, is, or shall be, in any way affected, influenced, or controlled. And this Deponent further says, that he is duly authorized by his principal to make this Affidavit, and that it is within his knowledge, that the aforesaid debt was incurred, as and for the consideration above stated, and that such debt to the beat of his knowledge and belief still remains unpaid and unsatisfied. Subscribed and sworn [or, affirmed] to, this day of , A. D. 18 before me — District Judge, [or Register in Bankruptcy ; Or, U. a. Commissioner.^ Received by me, this day of , A. D. 18 , FORMS UNDER THE U. S. BANKRUPT ACT, 1867. 47 Form No. 25. PROOF OP DEBT WITH SECURITY BY AGENT. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt At , in said District, on the day of , A. D. 18 . Before Mr. Register in Bunkrupicij . District of , ss : — On the day above "mentioned, personally came , attorney [or, au- thorized agent] of , who being duly and examined at the time and place aforesaid, upon h oath, says that , the per- son whom a Petition for Adjudication of Bankruptcy is filed w at and before the filing of the said Petition, and still justly and truly in- debted to the said , in the sum of dollars and cents, for which said sum of dollars and cents, or any part thereof, this Deponent has not, nor any person by order, to this Depo- nent's knowledge or belief, for the use, of said , received any security or satisfaction whatsoever, save and except the herein- after mentioned. And this Deponent further says that he is duly authorized by his principal to make this deposition, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated, and that such debt to the best of his knowledge and belief still remains unpaid and unsatisfied ; that the claim was not procured for the purpose of influencing the proceedings under the Act of Congress entitled ''An Act to Establish a Uniform Ssystem of Bankruptcy throughout the United States," approved March 2, 1867; that no bargain or agreement, expressed or implied, has been made, or entered into, by or on behalf of such Creditor to sell, trans- fer, or dispose of said claim, or any part thereof, against said Bankrupt, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of such Creditor for Assignee, or any action on the part of such Creditor, or any other person in the proceedings under said Act, has been, is, or shall be in any way affected, influenced, or controlled. [Here insert a description of the debt, and also of the properly held as secu- rity and the estimated value of such property l\ Subscribed and to, this day of , A. D. 18 Before me, > Register in Bankruptcy. Received by me, this day of , A. D. 18 , Assignee. 48 FORMS UNDEE THE U. S. BANKRUPT ACT, 1867 Form No. 26. LETTER OP ATTORNEY TO REPRESENT CREDITOR. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt To Sir, [Messrs., or Gentlemen :] — I, , of the of , in the County of , and State of , do hereby authorize you [or, either of you] to attend the Meeting, or Meetings of Creditors of the Bankrupt aforesaid, advertised, or directed to be held at a Court of Bankruptcy at _ , on the day of , A. D. 18 , the day notified in the Warrant issued to the Messenger by said Court in said matter, or at such other place and time as may be appointed by the Court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or adjournments thereof, may be held, and then and there, from time to time, and as often as there may be occasion, for , and in name to vote for or against any proposal or resolution that may be then submitted under the 12th, 13th, 14th, 18th, 19th, 21st, 22d, 23d, 27th, 28th, 33d, 36th, 37th, 42d, and 43d Sections of the Act entitled " An act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867 ; and in the choice of assignee, or assignees, of the Estate of the said Bankrupt, and for , [or. either of us] to accept such appointment of assignee ; and with like powers to attend and vote at any other meeting, or meetings, of Credi- tors, or silting, or sittings, of the Court, which may be held therein for any of the purposes aforesaid, or the Declaration of Dividend, or for any other pur- pose in interest whatsoever. In witness whereof, have hereunto signed name , and affixed seal the day of , A. D. 18 Signed, Sealed, and Delivered in , [l. s.] presence of — , [l. s.] , [L. s.] fNOTE. — The party executing the above letter of attorney may acknowledge the same before a Judge, Registei', Clerk, or Commissioner of the Court, or any officer authorized to take the acknowledgment of Deeds or other Instruments in Writing.] [N. B. Upon the above letter of attorney should be endorsed the following Certificate of the Register, to wit : " Exhibited to me, this day of , A. D. 18 , at .] Register in Banhruptcy." FOEMS UNDER THE U S. BANKRUPT ACT. 1807. 49 Form No. 27. AFFIDAVIT OF LOST BILL OR NOTE. In the District Court of the United States, For the District of In the Matter of I In Bankruptcy. Bankrupt District of ss : — On this day of , A. D. 18 , at , comes before me , of , in the County of , and State of , and makes and says that he has made a careful search for the Bill of Exchange, [or, note,] the particulars whereof are under written, and which ha been proved under this estate by , but that he, this Deponent, has not been able to find the same, and verily believes that the same has been lost or mislaid ; and this Deponent further says that he has not, nor has the said , or any person, or persons, to their use, to this Deponent's knowledge, or belief, negotiated the said Bill, [or, note,] nor in any manner parted, with or assigned, the legal or beneficial interest therein, or any part thereof; and that he, this Deponent, is the p'ersou now legally and beneficially interested in 'the satae, and entitled to receive for his own use all dividends in respect thereof Bill or note above referred to. Date. Drawer or Maker. Acceptor. Sum. Subscribed and A. D. 18 . to, before me on this day of Register, or U. S. Commissioner [or, otlter proper officer.] Upon the above named Deponent signing the annexed letter of indemnity, and giving security to the satisfaction of the ofiicial assignee, I direct the divi- dend to be paid to him. Register in Bankruptcy. 60 FOEMS UNDER THE U. S. BANKRUPT ACT, 1807. Fmm of notice of Indemnification to Register. In the matter of , of , Bankrupt . Sir : The Bill \or, Note] mentionei below, proved by , nnder thia estate, having been lost or mislaid, and the following dividend having been de- clared thereon, but not yet paid, viz : — , in consideration of your paying to or to order the dividend above men- tioned hereby undertake to indemnify you against all claims of any other person to the said dividend, or any part thereof ; and from all loss, dam- age, and expense, which you or your Executors or Administrators may sustain by reason of your making such payment to me ; and if it should hereafter ap- pear that the said sum of $ , or any part thereof, with the dividend already received or declared up to this day, exceed the amount of the Bill [or, Note] hereby engage to repay the same to you, or to the assignee, or assignees, of the above estate, with interest at the rate of per cent, per annum from this day. Dated at , this , A. D. 18 . Bill or Note above referred to. Date. Drawer or Maker. Acceptor. Sum. To Mr. Sureties of Creditor receiving Dividend. Register in Bankruptcy. Form No. 28. NOTICE AND REQUEST OF ASSIGNEE. (2d meeting of Creditors.) In the District Court of the United States, For the District of In the Matter of ' In Bankruptcy. Bankrupt To the Hon , Judge of the District Court [or. Register in Banlcruptcy\ in the above District. Sir : I, [or, we,] the Assignee of the estate of said Bankrupt , respectfully represent, that have accepted the appointment of Assignee of said estate; that FORMS UNDER THE U S. BANKRUPT ACT, 1867 51 the period of three months has elapsed since the date of the Adjudication of Bankruptcy in said case, and request that the Court will order a General Meet- ing of the Creditors of said Bankrupt , to which may make report of proceedings in trust, according to the provisions of the Twenty-Seventh Section of the Bankrupt Act of March 2, 1867. , Assignee . Order Thereon — Bi/ the Court, or Register. Upon the foregoing application of , Assignee of the estate of Bankrupt , it is Ordered that a second General Meeting of the Creditors of said Bankrupt be held at , in said District, on the day of , A. D. 18 , at o'clock m., at the oflSce of , one of the Registers in Bankruptcy in said District, for the purposes named in ths Twenty-seventh Section of the Bankrupt Act of March 2, 1867. ^ And it is further Ordered, That the Assignee givenotice of saidmeetingby sending written or printed notices by mail, post-paid, of the time and place of said meeting to all known Creditors of said Bankrupt ; and that also notify the Bankrupt to be present thereat; and shall also publish notice of the time and place of said meeting on two different days in the newspaper called the , printed at , at least days prior to said meeting. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the U^:%:L] ^^y°f .A.D.18 . , Clerk of District Court, for said District. Form No. 29. FORM OF RETURN OF ASSIGNEE TO BE SUBMITTED TO THE REGISTER IN BAI^KRUPTCY PRESIDING AT SAID MEETING. In the Matter of >In Bankruptcy. Bankrupt District of , ss: — I, [or, we,] Assignee of the estate of , a Bankrupt, do certify, that have caused the notices required by the foregoing order to be published in the newspaper called the , printed at , on the day of , A. D. 18 ; and that have caused written or printed notices of the time and plade of said meeting to be sent by mail, post paid, to all known Creditors of said Bankrupt. Said notices were mailed at the post office in , on the day of , A. D. 18 , at days prior to the date appointed for the said meeting. , Assignee. Subscribed and to, at , this day of ,A. D. 18 . Before me, , Register in Bankruptcy. [N. B. — Like forms may be used for the third meeting of Creditors, and for suhsequent meetings, if sitcK are ordered by the Court,] 52 FORMS UNDEE THE U. S. BANKRUPT ACT, 1867. Form No. 30. DIVIDEND MEETING. In the District Court of the United States, For the District of In the Matter of >In Bankruptcy. Bankrupt At , in said District, on day of , A. D. 18 . District of , ss : — Mkmorandbm. — That at a meeting of the Bankrupt's Creditors duly called and held this day for the purposes set forth in the 27th Section of the Act en- titled " An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 2, 1867, we, the undersigned, being the ma- jority in value of the Creditors of the said Bankrupt present, or represented at this Meeting, seeing that it appears by the accounts of the Assignee , now filed, that there is a balance of dollars, standing to the credit of this estate, in the Bank of , and a balance of dollars in the hands of the , do Resolve that after payment of all proper costs, charges, and expenses, and after deducting and retaining a sum suificient for all undetermined claims, which, by reason of the distant residence of the Creditors, or for other reason satisfac- tory to us, have not been proved, and for other expenses and contingencies, the sum of dollars remains for distribution among the Creditors of the above named Bankrupt, who have proved their debts against the said Bank- rupt's estate. And, it was further Resolved, by the undersigned Creditors that the said sum be divided among the Creditors who have proved their claims against said estate, and that such proceedings be had for declaring and paying said dividend as are req^uired by the 27th Section of said Act. Creditors. I hereby certify to the above. , Register in Rankruptcy. [N. B. — In case one half in value of the Creditors shall not be represented at such meet- ing, the fact shall be so stated in the Memorandum, and the amount to be divided, and the order for a dividend shall be made and signed by the Assignee in accordance with the pro- visions of the 27th Section of said Act.] [N. B. — Like forms may be used for the further proceedings provided for in the 28th Sec- tion of said Act.] FORMS UNDER THE U. S. BANKRUPT ACT, 1867, 53 Form No. 31, NOTICE OF DIVIDEND. In the District Com-t of the United States, Tor the District of In the Matter of >L\ Bankruptcy. Bankrupt At , on the day of ,A. D. 18 . Sir : I hereby inform you that you may, on application, at my office, , on the day of , or any day thereafter, between the hours of , receive a Warrant for the Divi- dend due to you out of the above estate. If you cannot personally attend, the Warrant wiU be delivered to your order on your filling up and signing the sub- joined letter. The bills and securities, if any, exhibited at the time of the proof of your debt must be produced to me before the Warrant of Dividend can be received. I am, sir, your obedient servant, , Assigne,'.. To Subjoined letter autJiorizmg Assignee to give Warrant to party other than Creditor. , 18 . To Mr. , Assignee in Bankruptcy of the estate of , Bankrupt. Sir : [or, Messrs.] Please to deliver to , the Dividend Warrant payable to me out of the above estate. Yours, &c., , Creditor. Form No. 32. LIST OF PROOFS AND CLAIMS FOR DIVIDEND. In the District Court of the United States, For the District of In the Matter of )In Bankruptcy. Bankrupt At , in said District, on the day of , A. D. 18 . 54 FORMS UNDEE THE U. S, BANKKUPT ACT, ]867. A hst of debts proved and claimed under the Bankruptcy of , afore- said^ with Dividend at the rate of per cent, this day declared thereon by Mr, , one of the Registers in Bankruptcy of said District Court, No. To bo placed alphabetically, and the names of all the par- ties to the proof to be carefully aet forth. Sum proved. The claims to be set forth in the same man- ner at the end of the whole of the profits. Dollars. Cents. Dividend. Dolls. Ctfl. Register in Bankruptcy POEMS UNDER THE U. S. BANKKUPT ACT, 1867 65 03 CO ^ DO Q m p n o Eh » S O Q m fl ■a ^ ^'*i ts a P. ii a or claii B set fc ,8 man whole 5 T3 ^ S «^ ms prove laims to in the sa after th( the Proo p =g^ , obepla aud thi Parties careful H 1 d 1 |£ 5 1 56 FORMS UNDER THE U. S. BANKRUPT ACT, 1867. Form No. 34. PETITION OF ASSIGNEE FOR POWER TO -RELIEVE PROPERTY FROM LIEN. In the District Court of the United States, i'or the District of In the Matter of >In Bankrdptcy. Bankrupt To , Assignee of the estate of said Bankrupt, respectfully rep- resents that a certain portion of said Bankrupt's estate, to wit : [Here describe the estate or property and its estimated value,'\ is subject to a mortgage, \^De- scrihe the mortgage,^ or to a conditional contract, [Descrihing iV,] or to a lien, [Describe the origin and nature of the lien,\ or, (if the property be personal property,) has been pledged or deposited and is subject to a lien for, [Describe the nature of the lien,] and that according to the best judgment of your Peti- tioner it would be for the interest of the Creditors of said estate that said prop- erty should be redeemed and discharged from the lien thereon. Wherefore pray that may be empowered to pay out of the assets of said estate in Lands the sum of , being the amount of said lien in order to redeem said property therefrom. Dated this day of , A. D. 18 . , Assignee. ["N. B. — If the prayer is for a sale of the property, strike out all after the words "judg- "ment of your Petitioner," and insert "it would be for the interest of the creditors of said " estate that said property should be sold subject to said mortgage, lien, or other incHm- " trance. Wherefore, he prays, that he maybe authorized to make sale of said property " subject to the incumbrance thereon in the manner prescribed by the general order for the "sale of property not encumbered." Form No. 35. ASSIGNEE'S RETURN WHERE THERE ARE NO ASSETS. In the District Court of the United States, For the District of In the Matter of ' In Bankruptcy. Bankrupt . At , in said District, on the day of , A. D. 18 . District of , ss : On the day aforesaid, before me, comes , of , in the County of , and State of , and makes , and says, that he, this FORMS UNDEE THE U. S. BANKRUPT ACT, 18C7. 57 Deponent, as Assignee [or, one of the Assignees] of the estate and effects of the above named Bankrupt , neither received nor paid any moneys on account of the estate. Subscribed and to, at this day of , A. D. 18 . Before me, , Register in Bankruptcy. Form No. 36. ASSIGNEE'S NOTICE FOR SETTLEMENT OF HIS ACCOUNTS PREPARATORY TO FINAL DIVIDEND. In the District Court of the United States, For the District of In the Matter of )L\ Bankruptcy. Bankrupt . ) To At , on the day of Sir: A. D. 18 This is to give you notice that I have filed my final accounts as assignee of the estate of , Bankrupt , in said Court, and that on the day of , next, I shall apply to said Court for the settlement of my said accounts, and for a discharge from all liability as Assignee of said estate in accordance with the provisions of the twenty-eighth section of the Bankrupt Act of March 2, 1867. Yours, &c., ■ , Assignee. Form No. 37. AFFIDAVIT TO BE MADE BY ASSIGNEE. In the District Court of the United States, For the District of In the Matter of ' In Bankruptcy. Bankrupt ,, ■ District of ,ss: — . On this day of , A. D. 18 , before me comes , of , in the county of , and State of , and~ makes , and says that he, this Deponent, was, on the day of , A. D. 18 , appointed Assignee of the estate and effects of the above-named 58 FORMS UNDER THE U. S. BANKRUPT ACT, 1867. Bankimpt, aud that as such he has conducted the settlement of the said estate. That the account hereto annexed containing sheets of Paper, the first sheet whereof is marked with the letter [Reference may here also he made to any-prior account filed by Deponent] is true, and such account contains entries of every sum of money received by Deponent, on account of the estate and effects of the above-named Bankrupt , and that the payments purporting in such acconnt to have been made by Deponent have been so made by him. And he asks to be allowed for said payments and for charges of settlement as set forth in said accounts. , Assignee. Sworn to and subscribed at , in said District of , this day of , A. D. 18 . Before me, , ■ Register in Bankruptcy. FORMS UNDEE THE U. S. BANKRUPT ACT, ISCT. 59 a, O Q CO CO I OB < o H & O O o o ^ 60 FOEMS UNDER THE U. S. BANKRUPT ACT, J 807. Form No. 39. ORDER OF SETTLEMENT AND DISCHARGE OF ASSIGNEE. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt District of , ss : — The foregoing account having been presented for allowance, and having been examined and found correct, it is Ordered, That the same be allowed, and that the said Assignee be discharged according to the provisions of the 28th Section of the Bankrupt Act of March 2, 1867. District Judge, [or. Register.^ Fonn No. 40. PETITION FOR REMOVAL OF ASSIGNEE. In the District Court of the United States Por the District of In the Matter of ) In Bankruptcy. Bankrupt . To the Hon. Judge oftlie District Court, for the District of District of , ss : The petition, of , one of the parties interested in the settlement ot said Bankrupt's estate, petitioning, respectfully represents, that , heretofore appointed Assignee of said Bankrupt's estate, \Here set forth the 2)articular cause or causes for winch such removal is requested.] Wherefore pray that notice may be served upon said , Assignee as aforesaid, to show cause, at such time as may be fixed by the Court, why an order should not be made removing him from said trust. Subscribed and sworn [or, affirmed] to, this day of , A. D. 18 at , in said District. Before me, , Register in Bankruptcy. FORMS UNDER THE U. S. BANKRUPT ACT, 1867. fil Form No. 41. NOTICE OF MOTION FOR REMOVAL. In the District Court of the United States, For the District of In the Matter of Bankrupt i In Bankruptcy. At , on the day of, A. D. 18 To Assignee of the estate of , Bankrupt. You are hereby notified to appear before this Court, at , on the day of , A. U. 18 , at o'clock m., to show cause (if any you have) why you should not be removed from your trust as Assignee as aforesaid, according to the prayer of the Petition of , one of the parties inter- ested in said estate, fiiled in this Court on the day of , A. D. 18 , in which it is alleged, [^Here insert the allegation of the Petition.] Hereof fail not. , Clerk, Sfc. [N. B. — To be served by tbe Marshal and return to be made in usual form.] Form No. 42. ORDER FOR MEETING OF CREDITORS TO CONSIDER QUESTION OF REMOVAL OF ASSIGNEE AND APPOINTMENT OF HIS SUCCESSOR. In the District Court of the United States, For the District of In the Matter of Bankrupt . I In Bankruptcy. At , on the day of, A. D. 18 District of , ss : Whereas , of , has filed his Petition in this Court for the removal of , heretofore appointed Assignee of the estate of said , Bankrupt , setting forth, [Here insert the allegations oj the Petition.] It is Ordered, That the Clerk of this Court give notice to the Creditors of , by letter to be mailed to each within days after the date of this order, that a meeting of said Creditors will be held at , on the day of , A. D. 18 , at o'clock m, at which, Mr. one of the Registers of this Court, will preside, for the purpose of considering the question of recommending such removal and appointing a successor in said trust. . District Judge. [N. B. — If the meeting is called upon an application of a majority in number and value of the Creditors of the Bankrupt, the Form may be varied accordingly. [The vote for removal is substantially the same Form as that for the appointment of As- signee in Form. No. 15, substituting "removal" for "appointment;" and the Form of vote for choice of new Assignee will be substantially the same as the Form referred to. ] 62 FORMS UNDER THE U 8. BANKRUPT ACT, 1807. Form No. 43. ORDER FOR REMOVAL OF ASSIGNEE In the District Court of the United States, Tor the District of In the Matter of I In Bankriiptcy. Bankrupt At , on the day of ,A.D.18 . District of , ss : Whereas , of , did on the day of , A. D. 18 , present his Petition to this Court, stating as therein set forth, and praying that , the Assignee of the estate of said , Bankrupt, might be removed : Now, THEREFORE, upon reading the said Petition of the said , and the evidence submitted therewith, and upon hearing what was alleged by Mr. , of counsel on behalf of said Petitioner, and by Mr. , of counsel for , Assignee as aforesaid, and upon the evidence sub- mitted on behalf of said Assignee, It is Ordered, that the said , be removed from the trust of As- signee of the estate of said Bankrupt, and that the costs of the said Petitioner incidental to said Petition be paid by said , Assignee, [or, out of the estate of the said , subject to prior charges.] Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the U!'tli.l 'I'^yof ,A.D.18^ Clerk of District Court, for said District. Form No. 44. FURTHER ORDER. In the District Court of the United States, For the District of In the Matter of I In Bankruptcy. Bankrupt . At , on the day of , A. D. 18 . District of , ss : Whereas , heretofore appointed Assignee of the estate of said Bankrupt , has, upon the Petition of , and after hearing thereon, been removed from his said trust, It is Ordered, That a meeting of the Creditors of said , be held at , in , in said District, on the day of , A. D. 18 , at which Mr. , one of the Kegisters of this court, shall preside, for the choice of a new Assignee of said estate. FORMS UNDER THE U. S. BANKRUPT ACT, 1867. 63 And it is fdrtlier Ordered, That the Clerk of this Court give notice to said Creditors of the time, place, and purpose of said meeting by letter to each, to be deposited in the mail within days from the date of this order. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the {thfto°u^tJ ^^y°f ,A.D. 18 . . , Clerk of District Court, for said District. Form No. 45. ORDER FOR BAIJKRUPT'S EXAMINATION. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bapkrupt At , on the day of , A. D. 18 . District of , ss : On the application of , Assignee of said Bankrupt, [or, Creditor of said Bankrupt, as the case maybe,] it is Ordeied, That said Bankrupt at- tend before , one of the Registers in Bankruptcy of this Court, at his office \Descrihing the place] on the day of , at o'clock m., to submit to the examination required by the 27th Section of the Bankrupt Act of March 2, 1867, and that a copy of ihis order be delivered to him the said , forthwith. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the Ur^:L} day of ,A.D.18^ , Clerk of District Court, for said District. fN.B.-i— Where the wife of the Bankrupt is to be examined the like form may be used, adding after the description of the application, the words " apd for good cause shown to this Court, she be required to attend before said court, [or, before , a Register in Bankruptcy."] Form No. 46. EXAMINATION OF BANKRUPT OR ANY WITNESS EXAMINED RELATIVE TO THE BANKRUPTCY. In the District Court of the United States, For the District of In the Matter of ■ In Bankruptcy. Bankrupt . At , in said District, on the day of , A. D. 18 . Before Mr. , One of the Registers in Bankruptcy of said Court. 64 rOEMS UNDER THE U. S. BANKRUPT ACT, 1867. District of , ss : , of , in the County of , and State of , being duly and examined at the time and place above mentioned upon h oath says. [Here insert substance of examination of party.] , Register. Form No. 47. DECLAEATION TO BE MADE BY BAJS^KRUPT OR HIS WIFE. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt . At , in said District, on the day of , A. D. 18 . District of , ss : The person declared a Bankrupt under a Petition for Adjudication of Bank- ruptcy, filed on the day of , in the year of our Lord one thousand eight hundred and , do solemnly that I will make true answer to all such questions as may be proposed to me respecting all the property of the said , and all dealings and transactions relating thereto, and will make a full and true disclosure of all that has been done with the said property, to the best of my knowledge, information, and belief. BanJcrupt, [Or, , tlie wife of the said , Bankrupt.] Subscribed and to, this day of , A. D. 18 . Before me, ,, Register in Bankruptcy. Form No. 48. SUMMONS OF WITNESS AFTER ADJUDICATION. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt District of , ss : — Whereas, > of , in the County of , and State of , has been duly declared and adjudged Bankrupt, within the true intent and meaning of the Act entitled " An Act to Establish a Uniform FOEMS UNDER THE U. S. BANKRUPT ACT, 1867. 65 System of Bankruptcy throughout the United States," approved March 2, 1867, and such Bankruptcy is in due course of prosecution in the District Court of the United Stales for the District of , at , in said District, These are to require you, to whom this summons is directed, personally to be and appear before , Esquire, one of the Registers in Bankruptcy of the said Court, acting in the matter of the said Bankruptcy, on the day of , at o'clock m., precisely at [Here insert place of examination] , then and there to be examined in relation to said Bankruptcy according to the provisions of said Act. And hereof fail not. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the day ItJtoS^tJ of ,A.D.18 . , Clerk of District Court, for said District. Fortn No. 49. RETURN OF THE ABOVE SUMMONS. In the District Court of the United States, For the District of ' . In the Matter of i In Bankruptcy. Bankrupt District of , ss : — - On this day of , A. D. 18 , before me came , of , in the county of , and State of , and makes , and says that he, this Deponent, did on , the day of , one thousand eight hundred and , personally serve , of , in the County of , and State of , with a true copy of the Summons hereto annexed, by delivering the same to ; and he, this Deponent, further makes , and says, that he is not interested in the proceedings in Bankruptcy named in said Summons. Subscribed and to, this day of , A. D. 18 Before me, Register in Bankruptcy. [N. B. — In case tie witness is to be summoned before adjudication, the form may be altered by *bstituting for the recital, the following words; — " By virtue of the Petition for -I ({judication in Bankruptcy filed in said Court by , against , in the District Court of the United States for the District of ."] 5 66 FORMS UNDER THE U. S. BANKRUPT ACT, ]867. Form No. 50. FORM OP CERTIFICATE UNDER SECTION SIX. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt District of , .is : I, , one of the Registers of said Court in Bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings, and was stated and agreed to by the counsel for the opposing parties, to wit : Mr. , who appeared for the Bankrupt, and Mr. , who appeared for , one of the Creditors of said Bankrupt, [Add othernamesff others are interested,] and [Here follows a summary of the evidence upon the point or matter to be submitted to the Court, and the question of law arising thereon as agreed to by the counsel.] And the said parties requested that the same should be certified to the Judge for his opinion thereon. Dated at , the day of , A. D. 18 . Register in Bankruptcy. Form No. 51. PETITION OF BANKRUPT FOR HIS DISCHAEGE. In the Matter of >In Bankruptcy Bankrupt . To the Hon. , Judge of tlie District Court of the United States, for the District of A. B., of , in the County of , and State of , in said District, respectfully represents that on the day of , last past, he . was duly declared a Bankrupt under the Act of Congress in that case made and provided ; that he hath duly surrendered all his property and rights of property, and fully complied with and obeyed all the orders and directions of the Court touching his Bankruptcy, and is ready to submit himself to any other and further examinations, orders, and directions which the Court may require. « [N. B.— If this Petition is filed within leas than six months after the filing of the original Petition it should state that no dehts have been proved against the Banln-upt, or that no assets have come to the hands of the Assignee.] FORMS UNDER THE U S. BANKRUPT ACT, 1867 67 _ "Wherefore he Prays, that he may be decreed by the Court to have a full discharge from all his debts provable under said Bankrupt Act, and a certificate thereof granted according to the said Act of Congress. Dated this day of , A. D. 18 . Bankrupt. Order of Govrt thereon. District of ss: — On this day of , A. D. 18 , on reading the foregoing Petition, it is Ordered by the Court, That a hearing be had upon the same on the day of , A. D. 18 , before said Court at , in said District at o'clock m.; and that notice thereof be published in newspapers printed in said District for times otce a week; and that all Credi- tors who have proved their debts, and other persons in interest, may appear at the said time and place and show cause, if any they have, why the prayer of the said Petition should not be granted. And it is further ordered by the Court, That all such Creditors whose places of residence are known shall be entitled to a service of notice of the said Peti- tion and order, either personally or by letter addressed to them at their known usual place of residence, attested by the Clerk of the Court, or served at their usual place of abode by the Marshal or his deputy, or sent by mail whereof due proof shall be given. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the \^:t:L\ In Bankruptcy. Bankrupt At , in said District, on the day of , A. D. 18 . District of , ss: Sir : Take notice that a Petition has been filed in said court by , of , in said District, duly declared a Bankrupt under the act of Congress of March 2, 1867, for a discharge, and certificate thereof, from all his debts, and other claims provable under said act, and that the day of next, at o'clock m., is assigned for the hearing of the same, when and where you may attend and show cause, if any you have, why the prayer of the said Petition should not be granted. ■ » Clerk of the District Court. To . 68 FORMS UNDER THE U S BANKRUPT ACT, 1867. [N. B. — The certificate of the Clerk that these letters were duly mailed to each Creditor and that the proper postage stamps were placed thereon will be evidence of the fact of no- tice. If any are delivered to the Creditors or left at their usual place of residence, the per- sons so delivering or leaving them should make affidavit as follows : j Affidavit of service of notice. District of ss : I, Marshal, [or Deputy Marshal, as the case may Je,] make oath, that I de- livered letters of which a copy is hereto annexed to the following named per- sons at the times and places stated in connexion with the name of each, and that I left at the last and usual place of abode in said District copies of the same letter, with the following named persons, on the day and hour mentioned in con- nexion with the name of each. \Jlere insert names and other required particu- lars^^ Served personally , day of , A. D. 18 . Marshal, [or, I)e]puty\ [ Or, left at last usual place of abode day of , A. D. 18 . Marshal, [or. Deputy^ This day of , A. D. 18 , subscribed and to, before me One of the Registers in Bankruptcy of said Court. Form No. 53. CREDITOR'S SPECIFICATION OF THE GROUNDS OF HIS OPPOSITION TO THE BANKRUPT'S DISCHARGE. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt , of , in the County of , and State of , Creditor, having proved debt against the estate of said , Bankrupt, and having received notice of his Petition for a dis- charge from his debts, do hereby oppose the granting of said discharge, and for the grounds of such opposition do file the following specification : [Here insert one or more of the causes which should prevent the granting of the Bankrupt's discharge according to the provisions of Section Twenty-nine of said Act.\ , Creditor, Sfc. To , District Judge, [or, Register in Bankruptcy] of said District. FOEMS UNDER THE U. S. BANKRUPT ACT, 1867. 69 Form No. 54. CREDITOR'S PETITION. To the Honorable , Judge of the District Court of the United States for the District of The Petition of , of the , of , ia the County of , and State of , Eespectfully shows : — That he is a Creditor of , who for a period of months next preceding the date of the filing of this Petition, has resi- ded at , in the County of , and State of , and District aforesaid ; — That Your Petitioner's demand is provable against the said , in accordance witb the provisions of the Act of Con- gress, entitled " An Act to Establish a Uniform System of Bankruptcy through- " out the United States," approved -March 2,1867; That he believes that said , owes debts to an amount exceeding the sum of Three Hundred Dollars ; That Your Petitioner's demand exceeds the amount of Two Hundred and Fifty Dollars ; and that the nature of Your Petitioner's de- mand against the said , is as follows : — A certain promissory note signed by said , payable to the order of Your Petitioner, lor, naming the party to whose order the said note Is made payable, ] of which the following is a Copy, to wit : [or, set lorth evidence of indebtedness in any other form to a liquidated amount, exceeding Two Hundred and Fifty Dollars, to meet the case.] And Your Petitioner further represents, that within the Six calendar Months next preceding the date of this Petition, the said , did com- mit an act of Bankruptcy, within the meaning of said Act, to wit : In that the said , did heretofore, to wit ; on the day of , A. D. 18 , depart out of, and from the State of , of which he is an inhabitant as aforesaid, with intent to defraud his creditors, [or, being absent during said period, he has, 'with inteut to defraud his creditara remained absent from said State : — I Or, That the said , within the period aforesaid, to wit : On the day of , A. D. 18 , within said District, did conceal himself, [or did disguise himself,] to avoid the service of Legal Process in an action for the recovery of a debt or demand, provable under said Act, to wit : To avoid the service of Legal Process in a suit brought by in the Court, of the State of , I or, any other Court] in which such process had been issued, to be served upon the said , by , Marshal for said District, [or. Sheriff, Constable, or other Officer, or party, as the case may be,] at which time the said , did conceal himself, and remain secreted, to avoid the service of said Process, so that the said officer or party having the same to serve upon said Debtor was unable to find him, in order to make pruper service of the same : — [Or, That the said , within the period aforesaid, to wit : At , in said District, on the day of , A. D. 18 , being possessed of certain Property, to wit : [Here describe the Prop- ertyi\ and he, being aware that Legal Process had been issued, [or, was about to be issued,] to be levied thereon at the Suit of some one or more of his Cred- tors, did conceal | or, remove ; or, destroy the identity] of said Property to avoid its being Attached, Taken, or Seq[uestered on such Process : — 70 FORMS UNDER THE U. S. BANKRUPT ACT, 1867. [Or, That the said , within the period aforesaid, to wit : — At , in said District, on the day of , A. D. 18 , being possessed of certain Estate, Property, Eights or Credits, to wit: [Here, describe the Properti/ and where situated,] did make an Assignment \or, Gift, Sale, Conveyance, or Transfer, as the case may be] of the same [or, of any part thereof — mentioning the part] to , of , in the County of , and State of , with intent to delay [or, hinder ; or, defraud] the Creditors of him, the said : — [Or, That the said , within the period aforesaid, and within said Dis- trict, to wit: At , has been arrested and held in custody under and by virtue of mesne process, \or Execution ; or, as the case may be,] issued out of the Court of the United States for the District of , \or, of any Court of any State, District, or Territory,] within which such debtor resides or has property, founded upon a demand, in its nature, provable against the Bankrupt's Estate under said Act, and for a sum exceeding One Hundred Dollars ; and that such Process is remaining in force, and not discharged by payment, or in any other manner provided by the Laws of such State applicable thereto, for a period of Seven days : — [Or, That the said , within the period aforesaid, and within said Dis- trict, to wit : — On the day of , A. D. 18 , being Bank- rupt, [or, insolvent; or, in Contemplation of Bankruptcy, or Insolvency,] did make to , of , in the County of , and State of , a payment [or. Gift, Grant, Sale, Conveyance, or Transfer] of money \or, of any other Propei-ty, Estate, Eights or Credits,] [ro, did give to , of , in the County of , and State of , a Warrant to Confess Judgment, or, did procure, or Suffer his Property to be taken on Legal Process,] in favor of , of , in the County of , and State of ; the said judgment to be confessed, issuing out of the Court of ; with the intent to give a preference to , of , in the County of , and State of ; [or, to one or more of his Creditors; or, with the intent, thereby, to give preference to , of , in the County of , and State of , being a person, [or, persons,] who were liable for him as Endorser, Bail, Sureties, or other- wise, [descnhivg the particular relation^ or, with the intent by such disposition of his Property to Defeat, or Delay tlie operation of said Act.] [Or, That the said , within the period aforesaid, and within said Dia- trict, to wit: On the day of , A. D. 18 , being a Banker, [or. Merchant; or. Trader; or, as the case may be,] has fraudulently stopped; or, suspended (and has not resumed) payment of his Commercial Paper within a period of fourteen days. [N. B. — Wliiclievcr of the acts is relied upon as the act of Banhrvptcy of Debtor, the same must be partic- ularly described.] Wherefore, your Petitioner prays, that he, the said , may be declared a Bankrupt, and that a Warrant may be issued to take possession of his Estate; that the same may be distributed according to law; and that such further proceedings may be had thereon, as the law in such case prescribes. Solicitor [or, Attorwy ] Petitioner. FORMS UNDER THE U. S, BANKKUFf ACT, 1807. 71 Oath to Foregoing Petition. United States of America, District of ss : — I, , the Petitioner above named, do hereby make solemn oath that the statements contained in the foregoing Petition subscribed by me are ti ue, so far as the same are stated of my own knowledge, and that those matters which are stated therein on information and belief, are true according to the best of my knowledge, information, and belief. Petitioner. Subscribed and sworn [or, affirmed] to before me, this day of A. D. 18 . District Judge, [or. Register in Bankruptcy ; or, Z7. S. Commissioner \ [N. B. — In case the parties proceeded against are a Copartnership, or a Corporation, the above forms may be varied accordingly. ] Form No. 55. DEPOSITION AS TO PETITIONING CREDITOR'S CLAIM. [To be filed with Creditor's Petition.] In the District Court of the United States, » For the District cf In the Matter of . . , -r. . . „ .-,.,. > ^N Bankruptcy. Against whom a Petition tor Aqiudica- tion of Bankruptcy vras Filed on the day of , A. D. 18 At , in said District, on the day of , A. D. 18 . Before , one of the Registers of said Court, in Bankruptcy. District of , ss : — «, of , in the County of , and State of being duly Sworn, [or. Affirmed] and Examined, at the Time and Place above mentioned, upon his Oath, [or, affirmation,] says that the said was, [or, were,] on and before the day of , A. D. 18 , and still justly and truly indebted unto this Deponent, — [Here give a par- ticular description of the Debt] , Petitioning Creditor. On the day of , before me personally appeared, , the above named Petitioning Creditor, and was duly sworn to the truth of the fore- going statement. '■ , Register in 'Bankruptcy. 72 FORMS UNDEE THE U. S. BANKRUPT ACT, ]8fi7. Form No. 56. DEPOSITION OF WITNESS TO ACT OF BANKRUPTCY. [To be filed with Creditor's Petition.] In the District Court of the United States, For the District of In the Matter of . . , T, ..«.-.. ■.. /In Bankruptcy. Against whom a Petition for Adjudica- tion in Bankruptcy was Filed on the day of , A, D. 18 At , in said Districts on the day of , A. D. 18 , Before , one of the Register, of said Court in Bankruptcy : — , District of , ss : — being duly Sworn, [or, AflSrmed,] and Examined, upon his Oath, [or, Affirma- tion,] says, that, [Here set forth particularly the Witness's knowledge of the Act of Bankruptcy alleged to have been committed by the party proceeded against.^ On the day of , appeared personally , the above named Witness, and was duly sworn to the truth of the foregoing state- ment. • , Register in Bankruptcy. Form No. 57. ORDER TO SHOW CAUSE, UPON CREDITOR'S PETITION. In the District Court of the United States, For the District of In the matter of „ . . „ . n. ,. ) In Bankruptcy. Against whom a Petition for Adjudica- tion of Bankruptcy was Filed on the day of , A. D. 18 . District of , ss : — Upon Filing proofs sustaining the allegations of the Petition aforesaid, it is — Ordered, That the said , do appear at this Court, as a Court of Bankruptcy, to be holden at , in the County of , and State of , and District aforesaid, on the day of , at o'clock M., and show Cause, if any there be, why the Prayer of said Petition should not be granted ; and — It is further Ordered, That a copy of said Petition, together with a copy of this order, be served on said , by delivering the same to him FORMS UNDER THE U. S. BANKRUPT ACT, 1867. 73 personally, or by leaving the same at hia last usual place of abode, in said dis- trict, at least five days previous to the day herein required for his appearance. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the day {thftou'rtj «f .A.D.18 . r ^ 9 Cleric of District Court, for said District. Form No. 58. ADJUDICATION OF BANKRUPTCY— CREDITOR'S PETITION. In the District Court of the United States, For the District of In the Matter of In Bankruptcy. Bankrupt . At , in said District day of , A. D. 18 . District of , ss: This cause came on to be heard at , in said Court, and , \Here state the proceedings, whether there was no opposition, or, if opposition, what proceedings were had, and when and where, and what counsel appeared for the several parties i\ And thereupon, and upon consideration of the proofs in said cause, (and the arguments of counsel thereon, if any,) it was found that the facts set forth in said Petition were true, and it is therefore adjudged, that became Bankrupt within the true intent and meaning of the Act entitled "An Act to Establish a Uniform System of Bankruptcy throughout the United States," approved March 3, 18G7, before the filing of the said Petition, and he is there- fore declared and adjudged a Bankrupt accordingly. And it is further ordered that the said Bankrupt shall, within five days after the date of this order, make and deliver or transmit by mail, post paid, to the Marshal, as Messenger, a Schedule of his Creditors, and Inventory of his estate in the form, and verified in the manner required of the Petitioning debtor by the said Act. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the day L.®'?flJ of , A.D.18 . J the Court. ) Clerk of District Court, fur said District,. 74 FOEMS UNDER THE U. S. BANKRUPT ACT, J 867. Form No. 59. WARRANT OF SEIZURE UPON ADJUDICATION OF BANKRUPTCY ON CRED- ITOR'S PETITION. In the District Court of tbe United States, For the District of In the Matter of In Bankruptcy. Bankrupt District of ss: To the Marshal of said District, [or, to either of his Deputies^ Greeting : Whereas a Petition for Adjudication of Bankruptcy was on the day of , A. D. 18 , filed against , of the County of , and State of , in said District, under which he has been duly declared and adjudicated Bankrupt; you are therefore by virtue of the said Petition and the adjudication thereon, according to the provisions of the Act entitled " An Act to Establish a Uniform System of Bankruptcy thronghout the United States," approved Alarch 2, 1867, required, authorized, and em- powered, as Messenger, to take possession of all the estate, real and personal, of said , the said Bankrupt, except such as may be by law exempt from the operation of said Act, and of all his deeds, books of account, and pa- pers, and to keep the same safely until the appointment of an assignee. And you are also directed to publish notice twice in the newspapers called , and , printed at , in the County of , the first publication to be made forthwith as follows : X)i8trict Court of the United States, For the District of la the Matter of In Bankkuptcy. Bankrupt . A warrant in Bankruptcy has been issued by said C(Mrt against the estate of , of the County of , of the State of , in said District, adjudged a Bankrupt upon the Petition of ?iis Creditors, and the payment of any debts and the delivery of any property belonging to said Bankrupt, to him or to his use, and the transfer of any property by him, are forbidden by law. A meeting of the Creditors of said Bankrupt to prove their debts and choose one or more Assignees of his estate will be held ai a Court of Bankruptcy tobeholdeuat , in said District, on the day of ,' A. D. 18 , at o'clock m. , at the office of , [giving the street and number,] one of the Registers in Bank- ruptcy of said Court. Marshal, [or, Deputy Marshal,^ Messenger. FOEMS UNDER THE U. S. BANKRUPT ACT, 1807. 75 And you will also serve written or printed notice by mail er personally on all Creditors whose names may be given to you by said Bankrupt within five days from the date of such adjudication, within days after the date hereof, and also to said , the Bankrupt, which notice shall be as follows • In the District Court of the United States, Tor the District of In the Matter of In Bankruptcy. Bankrupt . District of , ss ; — To , one of the Creditorfl of said , Bankrupt. This is to give you notice : 1st. That a Warrant in Bankmptcy has been issued against the estate of , Bankrupt afoi'esaid. Sd^That the payment of any debts, and the delivery of any property belonging to said Banlu'upt, to him or to his use, and the transfer of any property by him are forbidden by law. 3d. That a meeting of the Creditors of the debt-'r to prove their debts and choose one or more Assignees of the estate will be held at a Court of Banltruptcy to be holden at , in said District, on the day of , at o'clock m., at the office of ^ [^iviiiff the street and nUTiiber,] one of the Registers in Bankruptcy of said Court. And the following are the names of the creditors of said Bank:upt and the amount of their debts as given to me by him. [E. g.—A. B., (of Boston,) dollars.] , Messenger. And have you there this warrant with your doings thereon. l.\ TESTIMONY WHERBOK, I have hereunto set my hand and caused the seal of tins Court to be affixed at , this day of , iu the year of our Lord 18 . [l. S.J District Judge. Clerk of the Court. Return hy Marslial thereon. District of ss : By virtue of the within warrant, I have taken possession of the estate of the within named , B xnkrupt, except such as is by law excepted from the operation of said warrant by the act of Congress, and of all his deeds, books of account, and papers which have come to my knowledge, and I have published notice by advertisement on two different days in the newspapers within mentioned, the first publication of which was on the day of , A. D. 18 . I also within days after the date of the within warrant Sent wiitten or printed notice, as within directed, to the within named , Bankrupt, and to the creditors named on the schedule delivered to me by him, and herewith returned. The notices sent by mail, were deposited in the post office at , on the day of , A. D. 18 , with the proper postage stamp affixed thereto, and those delivered personally by me to said creditors were delivered at the times and the places set opposite to the name of each, and all of said notices were according to the directions set out in this war- rant. Wlarslial, [or, Deputy Marshal,] Messenger. 76 FORMS UNDER THE U. S- BANKEUPT ACT, 1867. Fees and Expenses. 1. Service of wan'ant 2. Necessary travel at the rate of 5 cents a mile each way 3. Notice to creditors, 10 cents each , 4. Actual expenses in publishing notices as follows 5. Actual, expenses in custody of property and other services as follows. .. 00 [Here render ike particulars.] MarsJial, [or, Deputy Marshal,] Messenger. Affidavit as to Expenses. District of , A. D. 18 , Personally appeared the said , Messenger, and made oath that the above expenses returned by him under numbers four and five have been actually incurred and paid by him, and are just and reasonable. Before me, — , One of the Registers in Bankruptcy in said District. Form No. 60. ADJUDICATION "WHERE DEBTOR IS FOUND NOT BANKRUPT. In the District Court of the United States, For the District of In the Matter of >In Bankruptcy. Before Honorable • ' District of Bankrupt . At , in said District on the day of , A. D. 18 . -, Judge of the District of , ss : This cause came on to be heard at , in said Court, and [Here state the proceedings, whether there was no opposition, or, if opposed; state what i proceedings were had, and when and where, and what counsel (ippeared for the PPf. several parties.] FORMS UNDER THE U S BANKRUPT ACT, 1867. 77 And thereupon, and upon consideration of the proofs in said cause, {and the arguments of counsel thereon, if any,) it was found that the facts set forth in said Petition were not proved ; and it is therefore, Ordered, That said Petition be dismissed, and that all proceedings under the same be vacated and annulled. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the day Wm..} «f ,A.D.18 . — -— ^^-^^.^^ .' , Clerk of District Court, for said District. [N. B. 1. If default be made by the Debtor to appear pursuant to the order upon a Creditor's Petition, the subsequent order may be made by a Register in Bankruptcy. ] [N. B. 2. If^o Schedule of Creditors shall be delivered to the Messenger by the Bank- rupt, the Messenger shall prepare £uch Schedule from the best information he can obtain, and send notices accordingly.] Form No.Ql, DENIAX, OF BANKRUPTCY, AI^D DEMAND FOR JURY BY DEBTOR. In the District Court of the United States, For the District of In the Matter of the Petition of , Creditor, ; , Debtor. District of >In Bankruptcy. At , in said District, on the day of , A. D. IS . And now on this return day for, adjourned return dayj for the hearing of said Petition, the said appears and denies that he has committed the act of Bankruptcy set forth in said Petition, and avers that he should not be declared Bankrupt for any cause in said Petition alleged, and this he prays may be inquired of by the Court, j or, he demands that the same may be inquired of by a Jury.] Witness the Honorable , Judge of the said Ccurt, and the seal thereof, at , in said District, on the day Seal of / of , A. D. 18 e Court. J X the Court. Clerk of District Court, for said District. 78 FORMS UJJDER THE U. 8. BANKRUPT ACT, ISCT. Form No. 62. ORDER OF COURT UPON DENIAL OF BANKRUPTCY AND DEMAND FOE JURY TRIAL. (Involuntary Bankruptcy.) In the District Court of the United States, For District of lu the Matter of the Petition of , Creditor, >In Bankruptcy. vs. , Debtor. At , in the said District, on the day of , 18 . District of ss : TJpon'the demand in writing filed by the Respondent to said Petition, that the fact of the commission of an act of Bankruptcy may be inquired of by a Jury, it is Ordered, That said issue be submitted to a Jury at the present term of this Court, '(if a Jury-be in attendance,) or, if in vacation, at the next term of this Court. Witness the Honorable , Judge of the said Court, and the seal thereof, at , in said District, on the day Seal of ^ I of , A. D. 18 . [ the Court. Cleric of District Court, for said District. Form No. 63. APPOINTMENT OF TRUSTEES UNDER SECTION 43 In the District Court of the United States, For the District of In the Matter of >In Bankruptcy. Bankrupt At this meeting of the Creditors of said Bankrupt, called specially by ordm- of said Court for the purpose of determining in what manner the estate of said Bankrupt shall be settled, it was resolved by three-fourths in value of the Creditors whose claims have been proved, as follows : 1st. That it is for the interest of the general body of the Creditors of said that the estate of said Bankrupt, should be wound up and settled, \ FORMS UNDER THE U. S BANKRUPT ACT, 1807. 79 and distribution made among the Creditors by trustees tinder the inspection and direction of a OcmrAittee of Creditors. 2d That this resolution be certified and reported to the Court. 3d. That be nominated as trustee to take, hold, and distribute said estate. 4th. That , of , of , be the Committee of the Creditors under whose direction the said Trustees shall act. Creditors. Amount of Debts. • Dolls. Cts. Affidavit of Bankrupt. A. B., the said Bankrupt, being duly sworn, \or aiErmed,] says that the names of the persons affixed to the foregoing resolution represent three-fourths in value of all his creditors whose claims have been proven against his estate. Subscribed and to, before me this day of , A. D. 18 'Register, [or Z7 S. Commissioner .\ Certificate of Register thereon. In the District Court of the United States, For the District of (In Bankruptcy.) At , the day of , A. D. 18 ,1 hereby certify that at a meeting of the Creditors of said , held this day in pursuance of a notice regularly given according to the provisions of the Act of Con- gress entitled, &c., approved March 2, 1867, [or, according to the order of the Court, as the case may be, J the above resolutions were adopted and signed by three-fourths in value of the Creditors of said Bankrupt, who were present or were represented at said meeting. , Register in Bankruptcy. 80 FORMS UNDER THE U. S. BANKRUPT ACT, ]8(;7. Order of the Court on above "Proceedings. In the District Court of the .United States, For the District of In the Matter of /In Bankruptcy. Bankrupt The foregoing certificate having been' filed and read, it is Ordered, That the said , shall convey, transfer, and deliver all his property or estate to , as trustee by deed in the following form : District of ss : In the District Court of the United States for said District. This indenture made this day of , A. D. 18 , be- tv/een , {tke Debtor,) of , in the County of , and State of , and on behalf and with the consent of , Creditors of the said , WIT- NESSETH, that the said , [the Debtor,) hereby conveys, transfers, and delivers all his estate and effects to , absolutely, to have and to hold the same in the same manner and with the same rights in all respects as the said would have had or held the same if no proceed- ings in bankruptcy had been taken against him, to be applied and administered fo? the benefit of the Creditors of said , in like manner as if said had been at the date hereof duly adjudged Bankrupt, and the said [trustees) had been appointed assignee in bankruptcy under said act. In testimony whereof, the said , {debtor,) and the said , (trustees,) in acceptance of said trust, have hereunto set their hands and seals this day of , A. D. 18 . Executed in presence of — , [L. s.] , [l. s.] , |L.S.] This day appeared before me, a Register in Bankruptcy, the above named (Bankrupt,) and acknowledged the foregoing instrument by him signed to be his free act and deed. Register in Bankruptcy. FORMS UNDER THE U. S. BANKRUPT ACT, 1867. We hereby give our assent to tjie execution of the above deed : 81 Names of Creditors. Residence. Amount. • Dolls. Cts, 1 Oath of Bankrupt. Iv the District Court of the United States, For the District of In the Matter of >In Bankruptcy. Bankrupt , the said Bankrupt, being duly sworn, doth depose and say that he has conveyed, transferred; and delivered all his prop- erty to the trustees in the above indenture named, and that the persons signing their consent to the above conveyance represent three-fourths in value of all his Creditors whose claims have been proved against his estate. , Bankrupt. Subscribed and sworn ' or, affirmed] this day of Before me, A. D. 18 Register in Bankruptcy. Witness the Honorable , Judge of the said Court, and the Seal thereof, at , in said District on the day of , A. D. 18 . ( Seal of > \ the Court. 5 Clerk of the District Court, for said District. Advertisement of Trustee. In the District Court of the United States, For the District of (In Bankruptcy.) This is to give notice that by an indenture bearing date the of , A. D. IS , -of has conveyed and assigned all his estate and effects whatsoever to , as trustee, upon trust for the benefit of all the Creditors of and that said conveyance was duly executed according to the provisions of the 43d Section of the Bankrupt Act of March 2, 1867. Dated this day of , A. D. 18 . day 82 POEMS UNDEE THE U. S, BANKEUPT ACT, 1867. Order of Court. The foregoing proceedings under the 43d Section of the Bankrupt Act of March 2, 1867, having been placed on file and read, it is Ordered, That all proceedings upon said Petition in Bankruptcy be stayed until the further order of the Court. Witness the Honorable , Judge of said Court, and the Seal thereof, at , in said District, on the day of A. D. 18 . ( Sualof ? , Clerk of District Court, Jbr said District. Form No. 64. ORDEE CONCEENING SALE OF PROPERTY BY ASSIGNEE. In the District Court of the United Sates, For the District of In the Matter of >In Bankruptcy. Bankrupt At , in said D istrict on the day of , A. D. 18 . District of , ss : — Upon the representation of , a Creditor of said , and upon the proofs filed therewith, it is Ordered, That the real estate of said Bank- rupt when offered for sale by his Assignee shall be sold in lots or parcels as follows, [Here follow the direction hy reference to plat or any other specific description or order in which the property shall he sold.] Witness the Honorable , Judge of said Court, and the Seal thereof, at , in said District, on the day of , A. D. 18 . C Seal of » , ^ Clerk of District Court, for said District. Form No. 65. ORDEE CONCERNING SALE OP PROPERTY OF COEPOEATION. In the District Court of the United States, For the District of In the Matter of the Bankruptcy of A corporation formed under the laws of the State of )In Bankruptcy. At , in said District on the day of , A. D. 18 . FORMS UNDER THE U, S. BANKRUPT ACT, 1867. 83 District of , ss : — Upon the representation of , a Creditor, [or, the party in interest,] and upon the proofs filed therewith, it is Ordered, That the franchise of said corporation be sold in fractional parts according to the number of shares therein, as follows, [If there be one thousand shares of the corporation, the order may require that the franchise be sold in fractions of, or in any other pro- portion.^ Witness the Honorablb , Judge of said Court, and the Seal thereof, at , in said District, on the day of , A. D. 18 f Seal of ) • ^ Clerk of District Gourt,for said Diitrict. Form No. 66. ORDER OF DIMINUTION OF CLAIM. In the District Court of the United States, For the District of In the Matter of )In Bankruptcy. Bankrupt At , in said District on the day of ,A. D. 18 . District of , ss : — Upon the evidence submitted to this Court upon the claim of , against said estate, {and, if the fact be so, upon hearing counsel thereon,) it is Ordered, That the amount of said claimi be reduced from the sum of , as set forth in the affidavit in proof of claim filed by said Creditor, in said case, to the sum of , and that the latter-named sum be entered upon the books of the Assignee as the true sum upon which a dividend shall be computed, [if, with interest. Insert : — " with interest thereon from the day of , A. D. 18 ."] Witness the Honorable , Judge of the said United States District Court Clerk of District Court, for said District. 84 POEMS UNDER THE U. S. BANKRUPT ACT, 1867. Form No. 67. EXPUNGING OR ALLOWANCE OF CLAIM. In the District Court of the United States, For the District of In the Matter of >I.\ Bankruptcy. Bankrupt At ,in said District, on the day of , A. D. 18 . District of , ss : Upon the evidence submitted to the Court upon the claim of against said estate, (and, if the fact be so, upon hearing counsel thereon,) it is Ordered,, That said claim be disallowed and expunged from the list of claims upon the Assignee's record in said case. Witness the Honorable , Judge of said. United States District Court. Clerk of District Court for said District. [N. B. — If the claim is found to be good, say " /t is Ordered, That said claim be established to the full amount thereof."~i Form No. 68. IN CASE OF DISALLOWANCE THE CREDITOR MAY FILE THE FOLLOWING NOTICE OF APPEAL. In the District Court of the United States, For the District of In the Matter of >Ii\ Bankruptcy. Bankrupt At on the day of , A. D. 18 To .—.,^ Assignee of said estate : You are hereby notified that I claim an appeal from the decision of the judge of said Court made on the day of , A. D. 18 , refusing to allow my claim when presented against the estate of , Bankrupt, to the Circuit Court of the United States next to be holden at , in said District, on the day of *' , A. D. 18 . [If the appeal is from a disallowance of part of the claim, instead of " refus- ing to allow my claim," say "reducing my claim."] , , Creditor. f' i' mmii IB-: