692 BANK 
allowed; this does not only difcharge the bankrupt of 
what he ow ed feparatciy, but alfo of what he owed joint¬ 
ly, and on the partnerffiip account; becaufe, by the act of 
parliament, the bankrupt, upon making a full difcovery, 
and obtaining his certificate, is to be difcharged of all 
debts. 3 P. IVms. 24. Where two partners are bankrupts, 
and a joint commiffion is taken out againft them, if they 
obtain an allowance of their certificate, this will bar as 
well their feparate as their joint creditors. Before the fta- 
tute 10 Ann. c. 15, if there were two partners/and only 
one party became bankrupt, and a feparate commiffion 
was taken out againft him ; there was no doubt but the 
difcharge of that bankrupt difcharged him from all debts 
which he owed in his joint as well as private capacity ; 
but the great queftion was, whether, by fuch difcharge of 
the bankrupt, the partner of the bankrupt fliould like- 
wife be difcharged from fuch debts as he was difcharged 
of; and therefore that ftatute has enacted, that the part¬ 
ner (hall not be difcharged. 
Customary Forms under a Commission of Bank¬ 
rupt. 
The firft ftep to be taken towards procuring a commif¬ 
fion of bankruptcy, is for the creditor to make an affidavit 
of his debt before a matter in chancery ; or, if he refides 
altogether in the country, before a matter extraordinary 
there, to be filed in the fecretary of bankrupts’ office in 
London, and exhibited to the commiffioners at their firtt 
meeting. The following is the form of an affidavit : 
“ A.B. of, &c. maketh oath, that Henry Moreton of 
London, in the county of Middlefex, Ihop-keeper, isjuft- 
3 y and truly indebted unto him, this deponent, and to 
J.ofeph Payne, his partner, in the fum of tool, and up¬ 
wards ; for goods fold and delivered by this deponent, 
and his laid partner, to and for the life of the faid Henry 
Moreton ; and this deponent farther faith, that the faid 
Henry Moreton is become a bankrupt, within the true 
intent and meaning of fome or one of the ftatutes made, 
and now in force concerning bankrupts, as this deponent 
hath been informed and believes. Sworn, &c.” 
When the affidavit is fworn, it is carried' to the fecre¬ 
tary of bankrupts’ office, where the party filing for the 
commiflion enters into the bond. The clerk of the bank¬ 
rupts fills up a blank petition in tiie name of the perfon 
that makes the affidavit ; and annexes the affidavit and 
bond to the petition, when lie prefers the fame to the lord 
chancellor. This petition is anfiwered in a few days, and 
the petitioning creditor has a commiffion without any far¬ 
ther trouble. 
A Commission of Bankrupt. 
“ GEORGE the Third, by the grace of God, of Great 
Britain, France, and Ireland, king, defender of the faith, 
&c. to our trufty and well-beloved James Burrough, Ar¬ 
thur Onflow, James Blackftone, Charles Short, Efqrs. 
and David Rees, Gent, greeting. Whereas we are in¬ 
formed that Henry Moreton, of, &c. ufing and exercif- 
ing the trade of a merchant by way of bargaining, ex¬ 
change, bartering, and chevizance ; feeking his trade and 
living, by buying and felling; about-iince, did be¬ 
come bankrupt within the leveral ftatutes made againft 
bankrupts, to the intent to defraud and hinder Jofeph 
Payne of, &c. and other his creditors of their juft debts 
and duties to them due and owing : We, minding the due 
execution as well of the ftatute touching orders for bank¬ 
rupts, made in the parliament begun ancl holden at Weft- 
minfter, the 2d day of April, in the thirteenth year of the 
reign of Elizabeth, late queen of England, made and pro¬ 
vided ; as of the flat. [&c. mentioning flats. 1 Jac.I. 21 
Jac.I. and 5Geo. II.] upon truft of the wifdom, fide¬ 
lity, diligence, and provident circumfpeflion, which we 
have conceived in you, do, by thefe prefents, name, affign, 
appoint, conftitute, and ordain, you our fpecial commif¬ 
fioners; Hereby giving full power and authority unto you, 
four or three of you, to proceed according to the faid fta- 
R U P T. 
tutes, and all other ftatutes in force,concerning bankrupts; 
not only concerning the faid bankrupt, his body, lands, 
tenements, freehold, and cuftomary, goods, debts, and 
all other things whatfoever; but alfo concerning all other 
perfons, who by concealment, claim, or otherwife, do, 
or finill offend, touching the premiffes, or any part there¬ 
of, contrary to the true intent and meaning of the faid 
ftatutes ; And to do and execute all and every thing and 
things whatfoever, as well for and towards fatisfaftion and 
payment of the faid creditors; as towards and for all other 
intents and purpofes, according to the ordinance, and pro- 
vifion of the fame ftatutes. Willing and commanding you, 
four or three of you, to proceed to the execution and ac- 
complifhment of this our commiffion, according to the true 
intent and meaning of tire fame ftatutes, with all diligence 
and effe6t. Witnefs ourlelf at Weftminfter, the-of 
•-in the-year of our reign. J. Y orke.” 
Having got the commiffion, the petitioning creditor 
mutt employ one of tire meflengers to fummon a meeting 
of the major part of the commiffioners to open the fame ; 
when the petitioning creditor mu ft come prepared, to prove 
his debt, and the party a bankrupt, within the ftatutes. 
Oath to be adminiftered by the Commiffioners to Wit- 
neffes, upon their Examination. 
“YOU are here produced, as witneffes, by virtue of a 
commiffion out of the high court of Chancery, to us and 
and others directed, to be by us examined, concerning the 
bankruptcy of Menry Moreton, of, &c. Now to all fuch 
queftions and interrogatories as ffiall be afked you, by vir¬ 
tue of this commiffion of bankrupt, concerning the faid 
Henry Moreton, his trade or profeffion, his abfconding, 
and other aids which he.hath done or buffered, by which 
lie may be difcovered to be a bankrupt, and alfo concern¬ 
ing Ills lands and tenements, goods and chattels, debts and 
duties, frauds and concealments, and other matters and 
things, in obedience to the faid commiflion, and purfuant 
to the feveral ftatutes made concerning bankrupts, you, 
and every of you fliall true and direct anfvver make, and 
fwear the truth, the whole truth, and nothing but the 
truth. So help you God.” 
All the depofitions mud be figned by the witneffes. If 
the party is a Quaker, then inftead of fwear, fay, “You 
fliall folemnly, lincerely, and truly, declare and affirm.” 
Immediately upon the commiffioners’ declaring the par¬ 
ty a bankrupt, they iffue their warrant for feizure of his 
effects; and the meffenger, by virtue thereof, feizes the 
effects, and continues to keep poffeffion until the com- 
miflioners have executed the affignment. The application 
to enlarge the time for the bankrupt’s furrender, muft be 
by petition to the great feal, fix days at leaft before tho 
laft fitting appointed in the Gazette ; this petition may be ■ 
either in the name of the bankrupt, or of his affignees. It 
isufual for the commiffioners to recommend, and the cre¬ 
ditors 4 o agree, to return the bankrupts their rings, mo¬ 
nies, &c. particularly the jewels, &c. of their wives. If 
the bankrupt happens to be a foreigner, and does not un¬ 
derhand Englifli, his Englifli examination muft be inter¬ 
preted, and read to him in the language he underftands, 
by a perfon verfed in both languages, who muft be firft 
fworn to interpret truly ; of which oath and interpre- 
pretation there muft be a memorandum made and annexed 
to the bankrupt’s examination. If the bankrupt does not 
furrender himfelf to the commiffioners by twelve o’clock 
at night of the laft day given, the meffenger warns him fo 
to do, by a proclamation made by him in the middle of 
Guildhall; the commiffioners continuing fitting till that 
time. 
Form of a Bankrupt’s Certificate. 
To the Right Honourable the Lord High Chancellor of 
Great Britain. 
“ WE, whofe names and feals are hereunto fubfcribed 
and 
