No. 299. LONDON, OCTOBER 1, 1842. PRICE 18. ** The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:— LONDON, OCTOBER 1, 1842. be adopted. Of this nature are the cases of county courts and courts of conscience, and the plaintiff who seeks the expensive tribunal has not the excuse that exists in the instances before alluded to, that no other door is open to him. In them he must altogether relinquish his claim,-in these he need only enforce it by another mode. The only objection therefore in the last class of cases is the want of uniformity arising from the numerous local acts, each perhaps containing a different provision. THE subject of costs in actions at law, simple as it may at first appear, has always been attended with some intricacy. And this appears to have been caused by the Legislature losing sight of the real principle upon which the recovery of the costs of a legal proceeding rests, and using the power of awarding costs for other than its legitimate purpose. The rules of equity and common sense undoubtedly require that the person who inflicts an injury upon another should make full com- Hitherto we have mentioned instances in which: pensation; and where, in order to obtain it, the injured the right to seek redress for an injury has been interparty is obliged to incur any expense, that the com- fered with as regards the costs only; and of the latter pensation should include it. And it is therefore easily of them few will question the propriety. There are understood why the law of England very early pro- others, however, where, not only has the right to costs vided, that an unsuccessful party in an action should been made a sort of regulating valve, but various adpay his opponent's costs. So far the law rested on true vantages have been given to one of the parties for the grounds; but it soon being found that the payment of sole purpose of discouraging his opponent. Of this sort the costs was, in many instances, the most serious re- are the provisions in various acts of parliament, of both sult of failing in an action, the idea seems to have sug- a public and private nature, relating to the recovery of gested itself, that it might be used in some way to regu- double, treble, or other costs, pleading the general issue late litigation. In certain cases therefore, although the and giving any special matter in evidence under it, and law would not go so far as to prohibit an injured party giving notice of action. These are the guards with which from seeking redress, yet, as it thought the injury of the Legislature has surrounded certain favoured indisuch a nature as not to call for its interposition, it dis-viduals called justices, constables, &c., who are supcouraged any application to it by not giving the costs. posed to be peculiarly liable to be oppressed by vexaOn this principle the various acts of parliament were tious litigation. Whether this be so or not we will not passed which have controlled the right to recover costs stop to inquire. There are many probably who would in actions for injuries of the nature of trespasses. The say, that the oppression is more likely to proceed from, policy of such enactments is questionable; and, in fact, than be inflicted upon them, and that persons possessthey have, partly perhaps by reason of the construction ing the power of mischief which they do ought not to put upon them by the judges, become very clumsy con- have any immunities beyond what the law gives to trivances for obtaining the desired end. Another class of cases is those in which, when there are two modes of obtaining redress, the injured party selects the more expensive; and there the power of awarding costs has been very properly rendered subservient to the purpose of making the cheaper remedy to VOL. VI. LL other individuals. If, indeed, the giving double and treble costs was intended to check vexatious actions, the practice which prevailed with respect to the computation of them went far to nullify its operation. That was, as our readers are no doubt aware, not to give three times the taxed usual costs are henceforth to be recovered. The right to plead the general issue and give any special matter in evidence without specially pleading it, is also entirely taken away. And a uniform rule is introduced with respect to the notice by requiring it to be given one calendar month at least before bringing the action. The right to tender amends remains unaltered. costs, but to add to them first a half and then a half of that, thus making what the law called treble costs fall short of what was actually double costs. But if this law of costs had for its purpose the imposing a sort of penalty upon a vexatious plaintiff, and giving to an official defendant some compensation for having an action brought against him, we must seek another reason for the privilege of being exempted from the ordinary It is worthy of consideration whether it would not rules of pleading. When the result of an action has be well in all actions for injuries of the nature of torts, shewn that it ought not to have been brought, it may if not in those for breaches of contract, to require a nobe very well to punish the party bringing it; but to tice of action to be given and allow a tender of amends. throw difficulties in the way of a plaintiff in the course It is not to public officers alone that an opportunity of of the proceedings may affect both the honest and dis-reparation ought to be afforded; and certain are we honest, and can be justified only on the ground, that it is desirable to give a certain degree of immunity to persons in official situations. Before the New Rules, when the defence could generally be given in evidence under a plea of the general issue, this statutory privilege did not seem so inconsistent; but when the principle came to be fully recognised, that it was desirable that the real grounds of dispute between parties should be as much as possible disclosed by the pleadings, the anomaly was more apparent, and if it were to be continued it would be necessary to find some good reason for it. that many trifling actions of trespass and slander might be prevented by it; and as a defendant may now pay money into court in most actions of trespass and case, it would be but a slight step further to allow him to make and plead a tender. But as to tenders in actions against justices, it is to be observed that they differ from tenders of debts, pleas of which must be accompanied by payment into court of the sum tendered, which the plaintiff may take out, whether he admits or denies the tender, and it is essential also to the validity of such tenders that the party making them should always have been ready to pay the money. In the other cases the tender is, by the terms of the statute, to be pleaded in bar, and the refusal to accept the amends in case the jury find them to have been sufficient, is an answer to the action; nor can the plaintiff obtain them afterwards, which seems a rather unnecessary penalty. We think he ought to be allowed to have them, even after action brought, upon paying the costs of it. Another clause in the act of last session prescribes two years, or in case of continuing damage one year, as the period within which actions of the nature alluded to are to be brought, and thus, in this respect also, introduces a uniform period of limitation. The acts of parliament we have alluded to also required a notice to be given before commencing an action, and gave to the intended defendant a power of tendering amends for the alleged injury. Some uncertainty at first existed, and questions even now arise concerning the terms of such notices; and it has only recently been settled (Young v. Higgon, 6 Mee. & W. 49), contrary to previous cases, in what manner the time of giving it is to be computed; but these are evils of a slighter nature, and form no real objection to such a provision. It was to be regretted, however, that no fixed period had been at first adopted by the legislature; for scarcely two enactments were alike with respect to the time at which the notice was to be given before bringing the action. So much variety existed in this respect, that it was always necessary to consult the act itself in any par-provement of the law; and having called the attention ticular case. We have hitherto spoken of the law as it was until recently; we will now briefly allude to a change which has just been made. With respect to the law of costs in actions of trespass and trespass upon the case, it is now some time since Lord Denman's Act, proceeding upon the original principle of such enactments, introduced a uniform rule concerning it. And the uncertainty also which arises from the various courts of requests acts will, probably ere the lapse of another session, be removed by the establishment throughout the country of Local Courts. But if that bill should again meet its oft-repeated fate, it would be desirable, at all events, that some uniform system should be adopted for the courts of conscience. The preceding observations were, however, principally suggested by an act of last session intituled, "An Act to amend the Laws relating to Double Costs, Notices of Action, Limitations of Actions, and Pleas of the General Issue, under certain Acts of Parliament." By that, all provisions in public, or local and personal acts, giving double or treble or any other than usual costs between party and party, are repealed, and only the Such are the provisions of an act which, although it has attracted less notice in its way through parliament than some others, must be regarded as a decided im of our readers to it, we will only again remind them that the case of Young v. Higgon (6 Mee. & W. 49) introduces a new rule for computing the time of giving the notice of action, which should be carefully noted in connexion with the statute. Review. Supplement to the Third Edition of a Treatise on Copyhold, Customary Freehold, and Ancient Demesne Tenures, and on the Jurisdiction of Courts Baron and Courts Leet. By JOHN SCRIVEN, Esq., Serjeant at Law. [H. Butterworth, 1842.] The object of a volume of this nature requires only that the decisions and enactments which have occurred since the publication of the principal work should be briefly and accurately stated. As the same arrange ment must be followed, we do not look for any merit in that respect, nor does the nature of such works admit in general of any lengthened dissertations, which might display the ability of the author as a writer. In the present instance, indeed, that was unnecessary, the talents and learning of Serjeant Scriven being already well known. With respect to the work before us, although we cannot of course undertake to say that every decision has been noticed, we have no hesitation in pronouncing, that the author will be considered, to use his own words, to have redeemed the pledge given in the advertisement to the second volume of the third edition of his Treatise on Copyholds. The greater portion is of a nature which does not admit of extracts, but the changes made in the law by the Enfranchisement Act have led to some observations, which are deserving of more particular notice "The principal feature of the first division of the late COMMUTATION and ENFRANCHISEMENT Act, 4 & 5 Vict. c. 35, is the provision made for converting arbi'trary fines on admission to copyhold and customary'hold lands, into fines certain and small, with a compensation to the lord of the manor, in reference to the 'reduced amount of the admission fines, and the ex'tinction of quit-rents, rents of assize, &c., and of heriots, and of the lord's proprietary interest in timber, and any other manorial rights agreed to be commuted, by means of a yearly rent-charge, to be valued, and (when exceeding 20s.) to be variable according to the price of corn, as in the case of a tithe commutation 'rent-charge." "The annexation of the proprietary interest of the lord of the manor in timber growing on copyhold or 'customary-hold lands, to the possessory interest therein of the tenant, was not the least important object of the 'first division of the late Commutation and Enfranchise'ment Act; and although the act has not varied the re'lative rights of lords and tenants in such timber, yet, 'as it has possessed the lords and tenants (such tenants 'not being less than three-fourths in number, and their 'interest not being less than three-fourths of the in'terest in the value of the land, estimated by the rule laid down in the 17th section, and the lord's interest not being less than three-fourths of the interest in the value of the manor), present at a meeting convened under the 13th section, to make an agreement for the general commutation of the lord's rights in rents,' 'fines,' and 'heriots,' and in timber,' to bind absent and non-consenting tenants, (such agreement being confirmed by the commissioners, see sect. 23), it is probable that a commutation of the lord's proprietary right in timber will, in most manors, be effected, and thereby the general improvement of the copyhold and 'customary hold property be facilitated." present opportunity of protesting against the manner in which it has been published. It adds another to the numerous instances of the extortion practised by some publishers. The profession has too much reason to complain of the high price which is in general charged for law books; and if ever there was a case in which good faith required that moderation should be shewn, it is in the publication of a supplement. The purchasers of the original work, perhaps at a high price, have been induced to become so partly by the expectation of a supplement, without which it is of small value; and nothing can be more unfair than to take advantage of their situation, and charge exorbitantly for it. Whoever looks at the present publication will be struck by its high price, and the studious manner with which a very wide margin and other arts of the printer are used to give a semblance of fairness. Acts of parliament which are in the hands of every person likely to make use of the work, are printed at length; and the Enfranchisement Act, already fully stated in the body of it, occupies fifty pages of the Appendix. We console ourselves, however, with the thought, that the evil of such a practice, which must discourage the purchase of books that are likely soon to require a supplement, will in the end cause its own cure. But it is, nevertheless, every body's duty and interest to set themselves steadily and earnestly against it. PUBLIC GENERAL STATUTES. 5 & 6 VICTORIA.-SESSION 2. (Continued from p. 349.) CAP. CXVII. An Act to amend and continue until the 1st day of October, 1842, the Acts regulating the Police of Manchester, Birmingham, and Bolton. [12th August, 1842.] CAP. CXVIII. An Act for guaranteeing the Payment of the Interest on a Loan of 1,500,000l. to be raised by the Province of Canada. [12th August, 1842.] CAP. CXIX. An Act to enable Her Majesty to grant Furlough Allowances to the Bishops of Calcutta, Madras, and Bombay who shall return to Europe for a limited Period after residing in India a sufficient Time to entitle them to the highest Scale of Pension. [12th August, 1842.] CAP. CXX. "In all cases where, previously to the above statute, an enfranchisement of copyholds or customary holds could have been effected by lords of manors seised ab- An Act for amending the Constitution of the Government of solutely in fee, or by trustees under the usual powers 'contained in settlements and wills, the enfranchisement may now be accomplished under the powers of the act by persons seised of the manor for life, or other particular interest, only with the consent of the commissioners, and giving notice to the party entitled to the next estate of inheritance in remainder or reversion, or, if under the disability of infancy, coverture, lunacy, &c., then to his or her guardian, husband, committee, or trustee, when known or ascertained, and when not so, then to some person to be nomi'nated for that purpose by the commissioners." Before leaving the book, we cannot refrain from remarking, that we observed in more than one place some rather recommendatory remarks upon an Analysis of the Act, by John Scriven, Esq., Barrister at Law, which we think good taste would have suggested the propriety of omitting. As yet we have only spoken of the author's part of this work; but we feel bound to take the Newfoundland. CAP. CXXI. [12th August, 1842.] An Act for the Amendment of the Law of Bankruptcy. [12th August, 1842.] Whereas it is expedient to amend the law of bankruptcy: And whereas by an act passed in the 1 & 2 Will. 4, [c. 56], intituled "An Act to establish a Court in Bankruptcy," various alterations were made in the administration of the law of bankruptcy, which have by experience been found beneficial, and it is advisable to extend the provisions and regulations con tained in the said act; Be it therefore enacted &c., That the provisions of this act, unless where otherwise herein specially provided, shall commence and take effect from and after the 11th day of November next. 2. That all laws, statutes, and usages shall be and the same are hereby repealed, in so far as they may be inconsistent or at variance with the provisions of this act: Provided always, that the same shall continue in force in all other respects what soever. 3. That in every case of a petition for the issue of a fiat in bankruptcy, it shall be lawful for the Lord Chancellor to dispense, if he shall think fit, with the bond now required to be given to him by the petitioning creditor, conditioned for proving his debt, and for proving the party to have committed an act of bankruptcy at the time of issuing such fiat, and for proceeding upon such fiat; and in such case it shall be lawful to issue the fiat without any such bond having been given. 4. That every fiat in bankruptcy granted after the commencement of this act shall, after the granting of such fiat, be forthwith issued and transmitted by the Lord Chancellor's secretary of bankrupts, in such manner, and at such cost, as the Lord Chancellor by any general or other order shall direct, to the court to which such fiat shall be directed under and by virtue of the powers of any act now in force or of this act, and shall be forthwith opened, unless such court shall in its discretion think fit to postpone the opening of such fiat: Provided always, that if such fiat shall not be opened by the petitioning creditor within three days after it shall have been so transmitted, or within such extended time as shall be allowed by the said court, such court is hereby authorized to open such fiat, at any time within fourteen days then next following, upon the application of any other creditor to the amount required by this act to constitute a petitioning creditor, and to adjudicate thereon, upon the proof of the debt of such creditor, and of the other requisites to support such fiat; Provided always, that no such fiat shall be issued to the petitioning creditor, or his attorney or agent. 5. That whenever any fiat in bankruptcy shall have issued against any person, and it shall be proved to the satisfaction of the court authorized to act in the prosecution of such fiat that there is probable cause for believing that such person is about to quit England, or to remove or conceal any of his goods or chattels, with intent to defraud his creditors, unless he be forthwith apprehended, it shall be lawful for such court to issue a warrant, directed to any person or persons such court shall think fit, whereby such person or persons shall have authority to arrest the person named in such fiat by his body, and also to seize his books, papers, monies, securities for monies, goods, and chattels, wheresoever he or they may be found, and him and them safely keep until the expiration of the time allowed for opening such fiat, or until such person shall be adjudged bankrupt under such fiat, and be thereon dealt with under such fiat, according to the laws relating to bankrupts. 6. That it shall be lawful for any person arrested upon any such warrant, or for any person whose books, papers, monies, securities for monies, goods, or chattels have been seized under any such warrant, to apply at any time after such arrest or seizure to such court for an order or rule on the petitioning creditor named in such fiat to shew cause why the person arrested should not be discharged out of custody, or why his books, papers, monies, securities for monies, goods and chattels should not be delivered up to him; and that it shall be lawful for such court to make absolute or discharge such order or rule, and to direct the costs of the application to be paid by either party; provided that any such order may be discharged or varied by the Court of Review, on application made thereto by either party dissatisfied with such order. 7. That no person shall be liable to become bankrupt by reason of any act of bankruptcy committed more than twelve months prior to the issuing of any fiat in bankruptcy against him. 8. That no fiat in bankruptcy shall be deemed invalid by reason of any act of bankruptcy of the person against whom the adjudication of bankruptcy thereunder shall be made having been concerted or agreed upon between the bankrupt and any creditor or other person, save and except where any petition to supersede or annul a fiat for any such cause shall have been already presented, and shall be now pending. 9. That the amount of the debt or debts of any creditor or creditors petitioning for a fiat in bankruptcy shall hereafter be as follows; that is to say, the single debt of such creditor or of two or more persons being partners petitioning for the same shall amount to 501. or upwards, and the debt of two creditors so petitioning shall amount to 701. or upwards, and the debt of three or more creditors so petitioning shall amount to 1007. or | upwards; and that every person who has given credit to any trader upon valuable consideration for any sum payable at a certain time, which time shall not have arrived when such trader committed an act of bankruptcy, may so petition or join in petitioning as aforesaid, whether he shall have had any secu. rity in writing for such sum or not. 10. That all livery-stable keepers, coach-proprietors, carriers, ship-owners, auctioneers, apothecaries, market-gardeners, cow-keepers, brick-makers, alum-makers, lime-burners, and millers shall be deemed traders, and subject and liable as traders to this and to the other statutes relating to bankrupts. 11. That if any creditor of any trader, within the meaning of this or any other statute relating to bankrupts now or hereafter to be in force, shall file an affidavit in the court authorized as hereinafter provided to act in the prosecution of fiats in bankruptcy in the district (to be described as hereinafter mentioned) in which such debtor shall reside, or in the Court of Bankruptcy, if such debtor shall not reside in any such district, in the form specified in schedule hereunto annexed, (A. No. 1), of the truth of his debt, and of the debtor, as he verily believes, being such trader as aforesaid, and of the delivery to such trader, personally, of an account in writing of the parti culars of his demand, with a notice thereunder requiring immediate payment thereof, in the form specified in the said schedule, (A. No. 2), it shall be lawful for the court in which such affidavit shall be filed, as the case may be, to issue a summons in writing, in the form specified in the said schedule, (A. No. 3), calling upon such trader to appear before such court, and stating in such summons the purpose for which such trader is called upon by such summons to appear as hereinafter provided. moned as aforesaid, it shall be lawful for such court to require 12. That upon the appearance of any such trader so sumsuch trader to state whether or not he admits the demand of such creditor so sworn to as aforesaid, or any and what part thereof, and if such trader shall admit such demand or any part thereof to reduce such admission into writing, in the form spe cified in the schedule hereunto annexed (B. No. 1), and such admission so reduced into writing such trader is hereby required to sign, and the same is thereupon to be filed in such court; and it shall also be lawful for such court to allow such trader writing under his hand, to be filed in such court, in the form upon his said appearance to make a deposition upon oath, in specified in the said schedule (B. No. 2), that he verily believes he has a good defence to the said demand, or to some and what part thereof. not come before such court at the time appointed (having no 13. That if any such trader so summoned as aforesaid shall lawful impediment made known to and proved to the satisfac tion of the court at the said time, and allowed), or if any such trader, upon his appearance to such summons as aforesaid, or at any enlargement or adjournment thereof, (as the case may be), shall refuse to admit such demand, and shall not make a deposition, in the form hereinhefore mentioned, that he believes he has a good defence to such demand, then and in either of the said cases, if such trader shall not, within fourteen days after personal service of such summons, or within such enlarged time pound for such demand to the satisfaction of such creditor, or as may be granted to him in that behalf, pay, secure, or comenter into a bond, in such sum and with two sufficient sureties as such court shall approve of, to pay such sum as shall be recovered in any action which shall have been brought or shall thereafter be brought for the recovering of the same, together with such costs as shall be given in such action, every such trader shall be deemed to have committed an act of bankruptcy on the fifteenth day after service of such summons, provided a fiat in bankruptcy shall issue against such trader within two months from the filing of such affidavit. 14. That if any such trader so summoned as aforesaid upon his said appearance shall sign an admission of such demand in the form aforesaid, and shall not within fourteen days next after the filing of such admission pay, or tender and offer to pay, to such creditor the amount of such demand, or secure or compound for the same to the satisfaction of the creditor, every such trader shall be deemed to have committed an act of bankruptcy on the fifteenth day after the filing of such admission, provided a fiat in bankruptcy shall issue against such trader within two months from the filing of such affidavit. 15. That if any such trader so summoned as aforesaid shall upon his said appearance sign an admission for part only of such demand in the form aforesaid, and shall not make a deposition in the form hereinbefore required that he believes he has a good defence to the residue of such demand, then and in such case, if such trader, as to the sum so admitted, shall not, within fourteen days next after the filing of such admission, pay, or tender and offer to pay, to such creditor the sum so admitted, or secure or compound for the same to the satisfaction of the creditor, and as to the residue of such demand shall not, within fourteen days after personal service of such summons, or within such enlarged time as may be granted to him in that behalf, pay, secure, or compound for the same to the satisfaction of such creditor, or enter into a bond, in such sum and with two sufficient sureties as such court shall approve of, to pay such sum as shall be recovered in any action which shall have been brought or shall thereafter be brought for the recovery of the same, together with such costs as shall be given in such action, every such trader shall be deemed to have committed an act of bankruptcy on the fifteenth day after service of such summons, provided a fiat in bankruptcy shall issue against such trader within two months from the filing of such affidavit. 16. That if any such trader so summoned as aforesaid shall, upon his appearance before such court, refuse to sign the admission in that behalf required as aforesaid, whatever may be the nature of his statement, or whether he makes any statement or not, it shall be deemed, for the purposes of this act, that every such trader thereby refuses to admit such demand: Provided always, that it shall be lawful for such court, upon reasonable cause shewn, to enlarge the time for calling upon such trader to state whether or not he admits such demand, or any part thereof, and for entering into such bond, or for either of such matters, for such time as such court shall think fit. 17. That an admission of any debt made after such summons as aforesaid, and signed by any such trader elsewhere than before such court, may be filed in such court, and shall be of the same force and effect to all intents and purposes as an admission signed by such trader so summoned as aforesaid on his appearance in such court, provided there be present some attorney of one of her Majesty's superior courts of law on behalf of such trader, expressly named by him and attending at his request, to inform him of the effect of such admission before the same is signed by such trader; and provided also, that such attorney do subscribe his name thereto as a witness to the due execution thereof, and in such attestation declare himself to be attorney for the said trader, and state therein that he subscribes as such attorney, and that such admission shall be made in the form of Schedule (C.) hereunto annexed. 18. That where any trader against whom an affidavit of debt is filed as aforesaid shall be summoned to appear before the court in which such affidavit shall be filed, as the case may be, every such trader shall have such costs and charges as such court in its discretion shall think fit. 19. That in every action brought after the commencement of this act, wherein any such creditor is plaintiff and any such trader is defendant, and wherein the plaintiff shall not recover the amount of the sum for which he shall have filed an affidavit of debt under the provisions of this act, such defendant shall be entitled to costs of suit, to be taxed according to the custom of the court in which such action shall have been brought, provided that it shall be made appear to the satisfaction of the court in which such action is brought, upon motion to be made in court for that purpose, and upon hearing the parties by affidavit, that the plaintiff in such action had not any reasonable or probable cause for making such affidavit of debt in such amount as aforesaid, and provided snch court shall thereupon, by a rule or order of the same court, direct that such costs shall be allowed to the defendant; and the plaintiff shall, upon such rule or order being made as aforesaid, be disabled from taking out any execution for the sum recovered in any such action, unless the same shall exceed, and then in such sum only as the same shall exceed, the amount of the taxed costs of the defendant in such action; and in case the sum recovered in any such action shall be less than the amount of the costs of the defendant to be taxed as aforesaid, that then the defendant shall be entitled, after deducting the sum of money recovered by the plaintiff in such action from the amount of his costs so to be taxed as aforesaid, to take out execution for such costs in like manner as a defendant may now by law have exeeution for costs in other cases. 20. That if any plaintiff shall recover judgment in any action personal for the recovery of any debt or money demand, in any of her Majesty's courts of record, against any such trader, and shall be in a situation to sue out execution upon such judgment, and there be nothing due from such plaintiff by way of set-off against such judgment, and such trader shall not, within fourteen days after notice in writing personally served upon him requiring immediate payment of such judgment debt, pay, secure, or compound for the same to the satisfaction of such plaintiff, he shall be deemed to have committed an act of bankruptcy on the fifteenth day after service of such notice: Provided always, that if such execution shall in the mean time be suspended or restrained by any rule, order, or proceeding of any court of justice having jurisdiction in that behalf, no further proceeding shall be had on such notice, but that it shall be lawful nevertheless for such plaintiff, when he shall again be in a situation to sue out execution on such judgment, to proceed again by notice in manner before directed. 21. That if any decree or order shall be pronounced in any made in any matter of bankruptcy or lunacy, against any such cause depending in any court of equity, or any order shall be trader, ordering such trader to pay any sum of money, and such trader shall disobey such decree or order, the same having been duly served upon him, the person entitled to receive such sum under such decree or order, or interested in enforcing the payment thereof pursuant thereto, may apply to the court by which the same shall have been pronounced to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such trader, being personally served with such last-mentioned order fourteen days before the day therein appointed for payment of such money, shall neglect to pay the same, he shall be deemed to have committed an act of bankruptcy on the fifteenth day after the service of such order. 22. That if any such trader shall file in the office of the Lord Chancellor's secretary of bankrupts a declaration in writing (in the form of Schedule (D.) hereunto annexed), signed by such trader, and attested by an attorney or solicitor, that he is unable to meet his engagements, every such trader shall be deemed thereby to have committed an act of bankruptcy at the time of filing such declaration, provided a fiat in bankruptcy shall issue against such trader within two months from the filing of such declaration: and a copy of such declaration, purporting to be certified by the said secretary or his clerk as a true copy, shall be received as evidence of such declaration having been filed. 23. That before notice of any adjudication of bankruptcy under any fiat in bankruptcy issued after the commencement of this act shall be given in the London Gazette, and at or before the time of putting in execution any warrant of seizure which shall have been granted upon such adjudication, a duplicate of such adjudication shall be served on the person so adjudged bankrupt personally, or by leaving the same at the usual place of abode or place of business of such person, and that such person shall be allowed five days from the service of such duplicate to shew cause to the court authorized to act in the prosecution of the fiat under which such adjudication shall have been made, against the validity of such adjudication; and that if such person shall within the time hereby allowed in that behalf shew to the satisfaction of such court that the petitioning creditor's debt, trading, and act of bankruptcy upon which such adjudication shall have been grounded, or that any or either of such matters, are insufficient to support such adjudication, and upon such shewing no other creditor's debt, trading, and act of bankruptcy sufficient to support such adjudication, or such of the said last-mentioned matters as shall be requisite to support such adjudication in lieu of the petitioning creditor's debt, trading, and act of bankruptcy, or any or either of such matters which shall be deemed insufficient in that behalf, as the case may be, shall be proved to the satisfaction of such court, such court shall thereupon cause a memorandum in writing to be filed with the proceedings under such fiat that such adjudication is annulled, and the same shall thereby be annulled accordingly; but if at the expiration of the said time court for the annulling of such adjudication, such court shall forthwith, after the expiration of such time, cause notice of such adjudication to be given in the London Gazette, and shall thereby appoint two public sittings of such court for the bankrupt to surrender and conform, the last of which sittings shall no cause shall have been shewn to the satisfaction of such |