dered (g). So, also, where but two creditors resided at Cheltenham, twenty-two in London, and others in the northern counties, and all the witnesses to the requisites resided in London, a town fiat was ordered (h). Where a town fiat is ordered against a country trader, the petitioning creditor has to pay the expenses of the bankrupt's journey to, and attending in, town, the same to be repaid out of the estate (i). Where the bankrupt was a hawker and had absconded, and all the witnesses to the requisites and a great majority of the creditors resided in London, the court ordered a London fiat to issue (k).

Where three of the commissioners had an adverse interest, and a fourth was not likely to act, the court ordered the fiat to be directed to another list of commissioners (1); and where the bankrupts had traded at two places in the country, the court ordered the fiat to be issued at a place centred between the two, and nearer to the majority of creditors (m); and where thirty-four of the creditors resided at Bristol, and but twenty-four and of small amount resided at Newport, the fiat was directed to the former place (n); but the court refused to allow a fiat to be directed to a place where the bankrupt had carried on his trade till within about two years of issuing the fiat, since which period he had had no permanent place of abode, and had lived in five different places, and a few months only at each (0). Where the major part of the creditors, the witnesses to prove the requisites of the bankruptcy, and one of the bankrupts, resided in the counties of Durham and Northumberland, and all the property of the bankrupts was there, the court on motion ordered the fiat to be directed to commissioners at Hexham, in Northumberland (p). Where two thirds of the creditors, including the petitioning creditor, and all the witnesses to the requisites, resided at Manchester, and but two creditors at Newcastle, where the bankrupt had traded, the court refused to change the venue from Newcastle to Manchester (q); but where the bankrupt had a house of business in London, and also at Manchester, and the majority of the creditors resided at Manchester, the fiat was ordered to be opened at the latter place (r); and the court will not arrest a town fiat in favour of a country fiat, on an ex parte application, though, where the bankrupt lives in the country, liberty may be given to issue a country fiat, notwithstanding the docket papers for a town fiat; leaving the parties, if they think proper, to apply to annul the town fiat (s).

But to remove a fiat from the country to a town commissioner, it is not sufficient that a majority in value of the creditors desire the removal (†), or that the petitioning creditor and witnesses to the act

(g) In re James, 4 Dea. 81; Mon. & C. 349.

(h) Ex p. Lycett, Mon. & C. 642. (i) Er p. Gregg; Ex p. Rawlinson; Exp. Trowers; Er p. Ellis; supra.

(k) In re Graham, 4 Dea. 212; S. C. Er p. Martin, Mon. & C. 639.

(1) Er p. Jones, 1 M., D. & D.145. (m) In re Haines, Mon. & C. 72; 4 Dea. 47.

of bankruptcy reside in London, and the object of the fiat was to invalidate a security given by way of preference (u), or that twelve out of the eighteen creditors of the bankrupt reside in town, and the commissioners twenty-five miles from the residence of the bankrupt (x); or that no creditors reside at the place to which the fiat was directed and a majority reside in town (y); but the fiat was ordered to be removed where two of the commissioners were creditors, two resided at a considerable distance from the place to which the fiat was directed, and out of creditors to the amount of 60,0001. four only resided at that place (z); and where most of the creditors, and also the witnesses to prove the act of bankruptcy lived in London, the court transferred a country fiat to a London commissioner (a). And where, in the docket papers sent from the country immediately after the statute 1 & 2 Will. 4, c. 56, came into operation, the word "commission was used instead of the word "fiat," and the papers being sent back to the country to be corrected, before their return a new docket was struck; the fiat was ordered to issue to the first applicant (b). So, if a fiat be not bespoke within one calendar month after the docket has been struck, the docket is then to be considered as expired and of no effect (c). (Ord. Eld. 28th May, 1819). But where a fiat was not prosecuted in due time, an order is necessary to enable the same party to sue out a new fiat (d).

No docket shall be considered as struck until the same shall be entered in the docket-book; to which docket-book all solicitors of the Court of Chancery may, during office hours, that is, from ten in the morning, till three in the afternoon, and from six till eight in the evening, have free access, upon payment of the usual fee of 18. (Ord. Ersk. 29th Dec. 1806).

The Fiat.] By stat. 6 Geo 4, c. 16, s. 12, the Lord Chancellor shall have power, upon petition made to him in writing against any trader having committed any act of bankruptcy, by any creditor or creditors of such trader, by commission under the great seal, to appoint such persons as to him shall seem fit, who shall by virtue of this act, and of such commission, have full power and authority to take such order and direction with the body of such bankrupt, as hereinafter mentioned, as also with all his lands, tenements, and hereditaments both within this realm and abroad, as well copy or customary-hold as freehold, which he shall have in his own right before he became bankrupt, as also with all such interest in any such lands, tenements, and hereditaments as such bankrupt may lawfully depart withal; and with all his money, fees, offices, annuities, goods, chattels, wares, merchandize, and debts, wheresoever they may be found or known, and to make sale thereof in manner hereinafter mentioned, or otherwise order the same for satisfaction and payment of the creditors of the said bankrupt.

(u) In re Mansfield, Mon. & C. 145.
(1) In re Allen, Mon. & C. 146.
(y) In re Binks, Mon. & C. 143.
(2) In re Geach, Mon. & C. 145.
(a) In re Snelling, 2 Dea. 557.

(b) Er p. Lechmere, Mon, 510; 1 Dea. & C. 10.

(c) See Er p. Buckley, Buck, 367. (d) In the matter of Edwards, Mon. & B. 263.

By 1 & 2 Will. 4, c. 56, s. 12, in every case wherein the Lord Chancellor, by virtue of any former act, hath power to issue a commission of bankrupt under the great seal, it shall and may be lawful for him, and also for the Master of the Rolls, the ViceChancellor, and each of the Masters of the Court of Chancery acting under any appointment by the Lord Chancellor to be given for that purpose, on petition made to the Lord Chancellor, against any trader having committed any act of bankruptcy, by any creditor of such trader, and upon his filing such affidavit and giving such bond as is by law required, to issue his fiat under his hand in lieu of such commission, thereby authorizing such creditor to prosecute his said complaint in the said Court of Bankruptcy, or to prosecute the same elsewhere before such discreet and proper persons as the Lord Chancellor, or as the Master of the Rolls, Vice-Chancellor, or one of the Masters of the Court of Chancery, acting as aforesaid, by such fiat may think fit to nominate and appoint; and that the persons so appointed shall thereby have the like power and authority to all intents and purposes as if they were assigned and appointed special commissioners by virtue of a commission under the great seal; and by section 13, every such fiat, prosecuted in the said Court of Bankruptcy, shall be filed and entered of record in the said court, and shall thenceforth be a record of the said court, and it shall thereupon be lawful for any one or more of the commissioners thereof to proceed thereon in all respects as commissioners acting in the execution of a commission of bankrupt, save and except as such proceeding may be altered by virtue of this act.

By Gen. Order, (Jan. 12, 1832), every fiat issued by the Lord Chancellor, to be prosecuted in the Court of Bankruptcy, shall be filed of record in the registrar's office, within seven days from the date thereof, and no appointment for the opening of any such fiat shall be made until it shall have been so filed. When the fiat has not been filed within the seven days, the court will give leave to another creditor to take out a new fiat (e).

The statute 1 & 2 Will. 4, c. 56, provides for entering of record fiats to be prosecuted in the Court of Bankruptcy only; but by 2 & 3 Will. 4, c. 14, s. 5, provision is made for entering of record in the Court of Bankruptcy, fiats to be prosecuted elsewhere than in the Court of Bankruptcy, and all proceedings under the same. (See the stat., post).

The fiat is a power or authority to the court of commissioners to whom it is directed, to proceed not only as to the bankrupt and his property, but as to all other persons who by concealment, claim, or otherwise, shall offend touching the premises, and to do and execute all things towards satisfaction and payment of the creditors. (See the form, ii. p. 5).

A commission of bankrupt, until it was acted upon, as by being opened, was considered as an escrow (f); but after it had been opened, the Chancellor has in many instances refused to order it

(e) Ex p. Gerothwohl, 4 Dea. & C.48. (f) Fisher's case, 13 Ves. 191.

to be amended and re-sealed, as altering a deed without a new stamp would be to defeat the revenue laws (g). But the 6 Geo. 4, c. 16, s. 98, by repealing the stamp duties on proceedings in bankruptcy, seems to have obviated this objection, and the Chancellor has ordered commissions to be amended and re-sealed either before or after they have been opened, to supply a defect of form, as a mistake in a name (h). But not to alter the teste for the purpose of admitting the proof of a subsequent act of bankruptcy (i). Nor even to correct the wrong spelling of the bankrupt's name, if the affidavit or bond of the petitioning creditor contained a similar error (k); nor to correct a misdescription of the bankrupt (7). In such cases new docket papers are necessary. But the Chancellor has intimated that he was unwilling to order a commission to be amended after it had been opened; and where, after a commission had been opened, a clerk of the solicitor, and without his knowledge, had erroneously altered the name of the bankrupt from "Stammers" to "Stammer," the Lord Chancellor refused to order it to be amended (m). And where the commission was issued by four partners, one of whom died before the date of the commission, but which was nevertheless issued and opened, the Chancellor refused to order the petition and commission to be amended, but ordered it to be superseded, with liberty for the surviving partners to issue another commission (n). And where the petitioning creditor's debt was a debt to three persons as executors, and in the bond, the petition for the commission, and the commission itself, the debt appeared as due to one person only, and the bankrupt had obtained a verdict in an action at law impeaching the commission, the Lord Chancellor refused to order the commission to be amended (o). But in this case another debt may now be substituted, under the 18th section of the statute (see p. 76, ante). And where there is not a petitioning creditor's debt at the date of the fiat, the court will not alter the date to let in a debt subsequently accrued (p).

By the 1 & 2 Will. 4, c. 56, the fiat is the fiat of the Lord Chancellor, and when filed it is a record of the Court of Bankruptcy (see supra). The Court of Review, therefore, cannot order a fiat to be amended, nor it seems can the Lord Chancellor order a fiat to be taken off the file for the purpose of amendment (q); but if the fiat has not been opened, or no proceedings have been taken under it, the Court of Review, to remedy a defect of form merely, will order it to be taken off the file for the purpose of the Lord Chan

(g) Ex p. Thompson, 9 Ves. 297: Fisher's case, 10 Ves. 190: Burrow's case, 10 Ves. 286: Ex p. Thwaites, 13 Ves. 325: In the matter of Rutledge, 2 Rose, 369.

(h) Er p. Cheesewright, 18 Ves. 480; 1 Rose, 228: Er p. Sutton. 1 Rose, 85: Ex p. Guthrie, 1 Glyn & J. 245: In the matter of Barber, 2 Glyn & J. 81: In the matter of Dowell, Mon. & B. 264.

(i) Ex p. Thwaites; Ex p. Cheese

cellor amending it if he shall think fit (r). Thus, where no proceedings have taken place under the fiat, it has in this manner been amended by adding a Christian name (s). And by altering the date of the fiat (t), and by altering the description of the petitioning creditor (u), or of the bankrupt (x), and by altering the name of the parish in which the bankrupt resided (y); but not to alter the date of the fiat to let in a subsequent act of bankruptcy (z). If the commissioners to whom the fiat is directed cannot act, or decline to act, the court, at the option of the petitioning creditor, will either amend the fiat by adding the names of new commissioners, or grant a new fiat to a new list of commissioners (a). When the docketpapers are wrong, the fiat cannot be amended; a new fiat is necessary (b). Recently, where the fiat had been opened, the Court of Review refused to order the fiat to be taken off the file, with a view to its being amended as to the description of the bankrupt (c); or by striking out the name of one of the petitioning creditors, the debt appearing as a joint debt of two, but was in fact a separate debt of one only (d). And where the fiat issued on the affidavit of debt of one, when it was the joint debt of two, and the mistake was discovered upon opening the fiat, the court ordered new docket papers, and to amend the fiat connected with them (e) ; or after adjudication to alter the name of a quorum commissioner which had been misspelt (ƒ).

By stat. 6 Geo. 4, c. 16, s. 26, no commission shall abate by reason of a demise of the crown; and if, by reason of the death of commissioners (g), or for any other cause, it becomes necessary, any commission may be renewed, and only half the fees usually paid upon obtaining commissions shall be paid for the same. A renewed fiat can only be issued upon the petition of a creditor or creditors whose debt would be sufficient to support an original fiat (h); and the place to which it is to be directed is in the discretion of the party taking it out, but subject to the control of the court. So, where the renewed commission was directed to a place distant from the place where a majority of the creditors resided and the original commission was worked, the court removed the commission back to the original place (i). If the bankrupt requires it, he will be at liberty to issue a renewed fiat, in case the petitioning creditor, upon notice, declines to issue one (k). And after a lapse of twenty years, when four of the commissioners were dead, the bankrupt was allowed to issue a new fiat in the name of a creditor, who had proved his debt under the commission (1); when upon a false suggestion,

(r) In the matter of Walker, 1 Dea. & C. 381; Mon. 510.

(8) In the matter of Graham, 1 Dea. & C. 458; Mon. & B. 264.

. (t) In re Roberts, 3 Dea. & C. 315.
(u) Ex p. Jarvis, 1 Mon. & A. 619; 4
Dea. & C. 27.

(x) Ex p. Gaury, Mon. & C. 679.
(1) Ex p. Elliott, 1 Mon. & A. 664:
S.C., In re Humphrey. 4 Dea. & C.484.
(z) In re Jacob, 4 Dea. & C. 277.
(a) Er p. Castle, Mon. & C. 654.
(b) Ex p. Hawes, 1 Mon. & A. 708:
Ex p. Graves, 1 Mon. & A. 315.

(c) Ex p. Todd, Mon. 455; 1 Dea, & C. 319: Mon. & B. 264.

(d) Ex p. Rhand, 4 Dea. 124; Mon. & C. 348.

(e) In re Linthorp, 4 Dea. 164. (f) In re Bell, 3 Dea. & C. 326. (g) See Er p. Hobbes, Buck, 134. (h) Ex p. Maude, 1 Mon. & A. 46; 3 Dea. & C. 365.

(i) Er p. Waring, Mon, 216.

(k) Er p. Bristow, 2 Dea. 334; 3 Mon. & A. 213.

(1) Er p. Holder, 3 Dea. & C. 276; 1 Mon. & A. 518.