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 .^:i;5-U*^i^' - /'^^' 
 
 vt 
 
 AN ACT 
 
 RESPECTING 
 
 ■i^ 
 
 '>><( 
 
 
 I N SOI ? E N Y. 
 
 ASSENTED TO 22nd JUNE, 1869. 
 
 PRINTED BY MALCOLM CAME 
 Luw Printer to the Queen's Most Excel! 
 
 1869. 
 
 
.1 
 
 
 ANNO TRrOESIMO-SICCUNDO KT TRIOESIMO-TERTIO 
 
 YICTORIiE TlEGINiE. 
 
 CAP. XVI. 
 
 An Act respecting Insolvency, 
 
 [Asmiti'tl to 22nd June, \SG{).'\ 
 
 WHEREAS it is expedient that the Acts respecting Bank- iViambie 
 ruptcy and Insolvency in the several Pj-ovinces of Ontjtrio, 
 Quebec, New Brunswick and Nova Scotia, be amended and con- 
 solidated, and the Law on those subjects assunilated in the sevenil 
 Provinces of the Dominion : Therefore, Her Majesty, by and with 
 the advice and consent of the Senate and House of Commons of 
 Canada, enacts as follows : 
 
 I. This Act shall apply to traders only. 
 
 OP VOLUNTAllY ASSIGNMENTS. 
 
 Applixaliun of 
 Art. 
 
 SI. Any <lebtor unable to meet his engagements, and desirous of Ansignmont to 
 making an assignment of his estate, and any debtor who is re- torinrAsarguee 
 quired to make an assignment, as hereinafter provided, shall 
 make an assignment of his estate and effects to any ofticial 
 assignee resident within the county or place wherein the Insol- 
 vent has his domicile ; or if there be no official assignee therein 
 then to an t)fHcial assignee in the county or place nearest to 
 the domicile of the Insolvent wherein an official assignee has been 
 appointed, and the official assignee to whom such assignment 
 is made shall be known as the Interim Assignee; and forthwith 
 u])on the execution of the deed of assignment to him, a meeting Meotinj? of 
 of the ci'editors of the Insolvent for the appointment of an ^redUora to bo 
 assignee, shall be called by the interim assignee to bo held at the 
 ])laco of business of the Insolvent within a period not exceeding 
 three weeks fi'om the execution of the deed of assignment. 
 
 2. Such meeting shall bo called by advertisement (Form A), OHiiin^' of 
 and pre-"ious to such meeting the interim assignee shall prepare, moot in}; .ui.i 
 «nd shall then exhibit, statements showing the position of the {llure^t''"'^'' 
 atlaii's of the Insolvent, and particularly a schedule (Form B), 
 containing the nanies and residence of all his creditors, and the 
 
 amount 
 
2 
 
 Cap. IG. 
 
 In»ohcnt Act. 
 
 32-33 Vict. 
 
 18^ 
 
 SoboJulo of 
 I'Abililiog and 
 KHi'otH ; iiud 
 wliiit it UIU.it 
 
 hIiow. 
 
 amount duo to each, distinguisliing between those amounts which 
 
 rnaolvont to 
 MiXil, and 
 inako adeola' 
 
 are then actually overdue, or for which lie is directly liable, and 
 those for wliich ho is only liable indirectly as indorscr, surety or 
 otherwise, and which have not become (hio at the date of such 
 meeting, the particulars of any negotiable paper liearing his 
 name, the holders of which the interim jwsigiiee shall be unable 
 to a8C0i*tain, the amount duo to each creditor, and also any 
 contingent liabilities, describing the same ; and a stjitoment 
 showing the amount and nature of all the assets of the Insol- 
 vent, including an inventory of his estate and effects ; and the 
 rat "on on "oath, insolvont shall assist in the })reparation of such statements and 
 of the said bchodulo, and shall attend at such meeting for the 
 purpose of being examined on oath touching the contents thereof, 
 and touching his books of account and his estate and effects 
 generally ; And at such meeting ho shall file a declaration under 
 oath stating whether or no suelx statements and schedule are 
 coiTCct, and if incorrect, in what ])articulai'B ; And the interim 
 jussignce shall also produce at such meeting, the Insolvent's books 
 of accoimt, and all other documents and vouchers, if required so 
 to do by any creditor. 
 
 an< 
 or 
 
 CSC 
 
 Qui 
 
 cr(?j 
 
 apil 
 
 of 
 
 of 
 
 r»M|| 
 
 auci 
 
 veil 
 
 (iu( 
 
 dcci 
 
 of 
 
 Creditor: 
 what to con 
 tain. 
 
 Notice to each 4. At lesist ten days before the day fixed for such meeting the 
 " " interim assignee shall mail to each of the creditors of the Insol- 
 
 vent, ill so far as he shall then liavo been ablo to discover them, 
 a notice of such meeting with a list containinff i names of all 
 creditors holding direct claims, and also of al' oruditors holding 
 indirect claiuis maturing before the meeting, .."i i^nting to one 
 hundred dollars each, with tlio amount appearing wj be due to each 
 of them ; and the aggregate amount of tlioso under ono hundred 
 dollars. 
 
 AppointmoDt 
 of Aajigneo. 
 
 Irregularity 
 not to Titiiite 
 it. 
 
 5. At such meeting, the creditors who have proved their 
 claims in the maimer hereinafter provided by the one hundred 
 and twenty-second section, may appoint an .-liisigneo to the estate 
 of the Insolvent ; and no neglect or irregularity in any of the pro- 
 ceedings antecedent to the apj)ointnient of an assignee shall vitiate 
 such appointment, whether it be mado under a voluntary assign- 
 ment, or in compulsoiy liquidation. 
 
 I 
 
 In case no |;, Jf no assignee bo appointed at such meeting, or at any ad- 
 
 appofntodf journment thereof; or if the a.s8igneo named refuses to act ; or if 
 Interim; no creditor attends at such meeting, the interim assignee shall 
 
 Mt^ArVthor- ^"^ ^^^ assignee to the estate of the Insolvent; but if any assignee 
 wise to doiivor be appointed thereat, he shall thenceforth be the assignee of such 
 estate to estate, and the interim assignee shall immediately deliver over to 
 
 ABsignee. 
 
 him the whole of the estate of the Insolvent, suid all statements, 
 documents and pjipers prepared by such interim assignee, and 
 unless he is himself Appointed A«signoe, eliall also immediately 
 execute a deed of transfer to sxidi awsigneo of the estfiio and 
 efiecte of the Insolvent. 
 
J2-33 Vict. 
 
 unts which 
 liabJo, and 
 r, surety or 
 to of HUch 
 earin^r J,if, 
 
 ho unablo 
 also any 
 Htjitomenfc 
 tho Insoi- 
 ; and tlu; 
 ineiits and 
 >y for tlio 
 in thereof, 
 nd effects 
 ion under 
 edule are 
 interim 
 it's books 
 quired so 
 
 oting the 
 ;he Insol- 
 ^er them, 
 108 of all 
 < holding 
 tf to one 
 o to eacih 
 Imndred 
 
 3d their 
 Imndred 
 >o estate 
 the ])ro- 
 II vitiate 
 Jwsign- 
 
 uiy ad- 
 it ; or if 
 sliaJl 
 assignee 
 yf such 
 Dver to 
 iments, 
 t'o, and 
 Hately 
 ^o and 
 
 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 8 
 
 I 
 
 7. The deed or instnimentof assignmont may l>e in the form C, *■<>"» ofini- 
 and tho dccid of transfer 1)y tho interim assignee in tho form D., aMi^^nmon't, 
 
 or in any other forms c(iuivalent thereto respectively, and if »nd of deed of 
 executed in any part of Canada other than tlio Province "f^ in^t^JliSf ''^ 
 Quebec, they shall bo in duj)licato, and a copy of tho list of Aesignto. 
 creditors produced at tho first meeting of creditors shall be 
 app(mdcd to tho deed; and no particular description or detail 
 of the property or effe(!ts assigned need ho insertetl in cither 
 of such deeds : and any number of counterparts of such deeds 
 required by tho assignee, anti any further or other deeds or Jissur- 
 ances required by the si.ssignee, shall bo executed by tho Insol- 
 vent or hy tho interim assignee, as tho ciuse may be, at the re- 
 (lucat of tf assignee, either at tho time of tho execution of such 
 <leed or instrument, or afterwards, to which counterparts no list 
 of creditors need bo appended. 
 
 8. If the interim assignee shall fail or neglect to execute such if interim 
 deed of transfer within twenty-four hours after the nomination f„"exeRuto"'' 
 of an assignee at iiuch meeting — ho shall in the discretion of tho deed ot trans- 
 Judge bo suliject to imprisonment for a period not exceeding '^"•■• 
 
 ono month ; and such imprisonment may be ordered by the Judge 
 upon the application of the ])erson so nominated as assignee, or 
 of any creditor, supported by aflidavit to the satisfaction of 
 tho Judge : and the interim jissignee shall not be permitted to 
 plead to or answer such application either as to its form or ujwn 
 the merits in any manner or way whatever until after ho shall 
 have executed and delivered to the assignee such deed of transfer, 
 and shall have also delivered over to h&a the whole of tho estate 
 and eflects of the Insolvent — with .all books, instruments, vouch- 
 ers find documents apj-)ertaining thereto. ' . 
 
 9. If by election or by failure of election, the interim assignee ProocedinKs 
 shall become assignee, his aj)pointmcnt shall bo established, if by w**®." Interim 
 election by an instrument (Foiin D ])) declaring the fact, signed como" tho "' 
 by the chainnan and by one or more of tho creditors present at AsHignoo. 
 the meeting appointing him, and authenticated by his own affida- 
 vit : and if by failure of election, by an instrument declaring tho 
 
 fact, and signed and swoi-n to by himself before tho Judge, who 
 
 shall have power to interrogate him specially upon tho contents 
 
 thereof, and, shall not receive his oath if he has any reason to 
 
 doubt the facts stated in such instrument ; and tho instrument 
 
 of appointment shall bo deposited in the office of the Court with poposit of tbo 
 
 the deed of assignment ; and a copy of such instrument certified g^pia"*"}^"^" 
 
 by the clerk or Prothonotary of tho Court wherein it is deposited cortmod. 
 
 under the seal of such Court, shall serve all the puiposes of tho 
 
 deed of transfer hei-einbefore provided for, and for that purpose 
 
 shall be annexed to the deed of assignment or in the Province of 
 
 Quebec to the copy thereof and registered therewith. 
 
 10. The assignment shall be held to convey and vest in the Whnt the As- 
 interim assignee in the first instance, the books of account of the "o^hdrto**"'" 
 Insolvent, nil vo\ichoi-a, accounts, letters and other papers and convoy. 
 
 documents 
 
Cap. 16. 
 
 Imolvent Act. 
 
 32-35 ViOT. 
 
 1861 
 
 .. <> docuinontH relating to lii.s busincsH, all monpyn ind negotiablo 
 pajKirs, Htcicks, bonds, and otlior HccuritioH, as well as all tho real 
 o.stiito of tho Insolvent, and all Ms interest therein, whether in 
 iee or othorAvi-so, and also all his personal estate, and moveable and 
 iinniovoable property, debts, n,s.sets and etlccts, which ho has or may 
 bec'onio entitled to at any time before his disehargo is ofrectc<l 
 under this Act, excepting only such as arc exempt from aoizure 
 and salo \md(!r execution, by virtue of tho several statutes in such 
 ca«o made and provided; and if an assignee bo Bubsoquontly 
 appointed, or if by tho failure of election, tho iuterim assignee 
 becomes assignee, such assignee shall have tho same rights in and 
 to the whole of such estate and ollccts as were previously held 
 rrovixo: lis to under this Act by tho interim assignee; Provided always that no 
 . 1 . .u.. j^]^,^^^^^ jjj.' jjjjy, ^^ ^jjp effects of tho Insolvent or any other party 
 
 in jHwsessiou thcrc(jf with a lien thereon, shall be deprived of tho 
 poHsessitni thereof, without payment of the amount legally charge- 
 able as a preferential claim ui)on such clfccts ; except in tho case 
 hereinafter provided for of such pledgee or jjai-ty in jjossession 
 proving his claim against the estate and ])utting a value ui)on his 
 security ; But at any time before tho maturity of any advance 
 made upon the pledge of efiects of tho Insolvent, or within fifteen 
 days thereafter, tho jussigneo .shall have tlie right to sell such eti'ects 
 as he may sell the other effects of tho Insolvent; and thereupon if 
 tho 1 trice is sufUcient to cover such advance with interest and 
 lawful charges, tho pledgee shall carry out such sale and deliver 
 tho eifccts sold in ccmformity therewith receiving the price 
 thereof, but not othei'wise. 
 
 |i1oil);voii o{ tbo 
 pri)(uirty nl 
 tliu Iiiaulvolit. 
 
 Iteil 
 
 oftl 
 
 enn 
 
 neci 
 
 to, 
 
 becl 
 
 of 
 dcfl 
 
 Deposit of 
 diiplioatu of 
 deed of 
 
 HESigUUlODt. 
 
 Ref^iHlrntioii 
 of Doodg of 
 AHi<i>;ninent 
 
 II. Forthwith upon tho execution of tho deed of transfer, the 
 assignee, if appointed in any part of Canada other than tho 
 Province of Quebec, .shall deiutsit one of tho duplicatcHof thedced 
 of as.signmcnt .and of such deed of transfer, and if in tlu^ Piovince 
 of Quehec, authentic copies of each, in tho ollico of tho proper 
 Couii; and in either ca.se the list of creditors shall accompany 
 the instruments so deposited. 
 
 IS8. If tho In.solvent possesses real estate, tho deed of assign- 
 ment with tho deed of transfer annexed thei'cto, if any such deed 
 amrof transfer. "^ tiJiusfer 1)0 required and executed, oi", if such real estate be in 
 the Province of Quebec, authentic copies thereof, may be eiirogis- 
 tered in tho Registry Ofllce for tho Registration Division oi- 
 County within Avhich such real estate is situate ; and no subsc- 
 <]uent legistration of any deed or instrument of any kind executed 
 by the Insolvent, or wliich otherwise would have affectijd his leal 
 estate, shall have any force or effect thereon ; and if the real 
 estjito bo in any j)art of Canada other than the Province of Quebec, 
 aiKl deeds of a.ssignmont and of transfer be executed in tho Pro- 
 vince of Quebec bcfoi'o Notaries, co])ies of such deeds certified by 
 the Notary or other jmblic ofHcer in whose custody i]w originals 
 remain, may bo registered without other evidence of the execution 
 thereof, and without any memorial ; and a certificate of such 
 registration may be endorsed upon like copies, and if the i)r()perty 
 
 ].)C 
 
32-35 ViOT. 
 
 d negotiable 
 s all the real 
 whether in 
 Hoveablo and 
 ioImw or may 
 " is effected 
 from Hoizure 
 tutcH in such 
 tubsoquontly 
 ■im assignee 
 •ights in and 
 vioualy held 
 ays that no 
 tether i)arty 
 rived of tho 
 ally charge- 
 ' in tho case 
 » ])08session 
 no upon hi.s 
 iiy advance 
 thin fifteen 
 such ofl'octs 
 lereupon if 
 iterest and 
 •id deliver 
 the j)ricu 
 
 •ansfer, tho 
 than tho 
 >f tho deed 
 > Province 
 'he proper 
 ccompany 
 
 •f aHsign- 
 ^uch deed 
 tate he in 
 D ciirogfs- 
 vision or 
 no subse- 
 executed 
 I his real 
 the real 
 " Quebec, 
 the Pro- 
 tified by 
 :>riginals 
 ^eciition 
 of such 
 aoperty 
 be 
 
 186D. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 1)6 in the Province of Quobo*; and thn deeds of assignment and 
 <tf transfer bo executed elsewhere in the Dominion they may bo 
 onregistered at full length in the usual manner; but it shall not be 
 necessary to enregister, or to refer on registration in any nuumer 
 to, tho list of creditors annexed to tho deeil of tiansfer. 
 
 COMPULHOUY LIQUIDATION. 
 
 13. — A debtor shall be deemed insolvent «.iid bis estate Nlinll \^''""," . . 
 
 , I'll 1 1..1,. uulitorH PHlnto 
 
 become subject to compulsory liquidation : nimil bd auii- 
 
 jui't Id Oiiui- 
 
 a. If ho absconds or is Immediately about to abseoiid from {iriuidifiion. 
 any Province in Canada with intent to d(!fraud any creditor, or 
 
 to defeat or delay tho remedy of any creditor, or to avoid luiing 
 arrested or served with legal process ; or if being out of any such 
 Province in Canada ho so remains with a like intent; or if be 
 conceals himself within the limits of Canada with a like intent ; 
 
 b. Or If ho secretes or is immediately about to secrete any part 
 of his estate and effects with intent to defraud his cre(litors, or to 
 <lefeat or delay their demands or any of them; 
 
 r. Or if ho jissigns, removen or disposes of, or if ubouo or 
 attempts to a-ssign, remove or dispose of, any of his property with 
 intent to defraud, defeat <-r delay his creditors, or any of them ; 
 
 d. Or if with such intont he has ))rocurcd his money, goods, 
 chattels, lands or property to be seized, levied on or taken under 
 or by any process or execution, having operation where tho debtor 
 nwsides or has jtroperty, founded upf»ii a demand in its nature 
 proveable un<ler tbi.s Act, and for a sum exceeding two hundred 
 dollars, and if 8U(!h [irocess is in force and not discharged by i)ay- 
 ment or in any manner provided for by law ; 
 
 e. Or if ho has been actually imia-isoned or upon the gaol limits 
 for more than thirty days in a civil action founded on (iontract 
 for tho sum of two liuiulred dollars or upwards, and still is .'.o 
 imprisoned or on the limits; or if in c;ise of such imjninonment he 
 has escraped out of prison or from custody or from the limits; 
 
 f. Or if he wilfully neglects or refuses to appear on any rule or 
 order rotjuiring his ap|)oa.rance, to be examined as to his debts 
 under any statute or laAV in that behalf; 
 
 ^^ Or if ho wilfully refuses or neglects to obey or com])ly with 
 any such rule or order made for imyment of his debts or of any 
 part of them ; 
 
 h. Or if he wilfully neglects or refuses to ol)cy or comply with 
 the order or decree of the Court of C!hanccry or of any of the 
 judges thereof, for payment of money ; 
 
 i 
 
e 
 
 Cap. 10. 
 
 Insolvent Act 
 
 32-:};} Vict. 
 
 ir a tlolilor 
 IrIIii to iiiuot 
 liiibilitie». 
 
 i. Or if ho hiis iiuhIo miy f^t'iu>riil cnnvoyanoo or nHsipiniont of 
 his |ir(»|M'fly ftir tlu^ Ix'iidit of lii.s crtMlitors, otht-rwiHt? than in tho 
 iimiiiicr |»n-.sfriht'(l liy this Act; or if h(Mii^uiialilo to iiu'tithisliahili- 
 tics ill full, h(! makes any salo or conveyiiiu-o of tho wholti or tho 
 iiiiiiii jiiirt of liis sto(;k in tratio or of his assets, without thu ooii- 
 sciit of his (irt'ditors, or without satislyinjij their elaiins ; 
 
 ./. Or il' he iMMiuits any uxoeutioii issued axainst him ninh'r 
 whieh any of liis eliattels, land or i»ro|»eity are seized, hivied u]K)n 
 or taken in (>Ne(Mition, to remain unsatisfied till within four days 
 of th(( time fixed l»y tlu^ Slierilf or oflieer for the sale thenrof, or 
 for fifteen days after siKth seizure ; suhjeethowuver tothe privilej^od 
 claim of the sc^iziiij^ creditor for the exists of KUeli execution, and 
 .•dso to his claim for the <!osts of tho Judjfment under which such 
 ex(H!ution has issued, which shall constitute a lien upon tho elfect« 
 seized, or shall not do so, ac(!ordinjLjto tho lawas it existed previous 
 to the pjissinj^ of this Act, in tho i'rovinco in wliicli thu uxucutioii 
 shall issue. 
 
 U. If a debtor ceases to meet his liabilities j,'onorally as thoy 
 hocomo due, any one or more claimants u|)on him for sums 
 excecdinj^ in tho a<;<jre^ate five hundred dollars, may make a 
 deinnnd upon him either personally within tho county or judif^iiil 
 district wherein such Insolvent lia.s his chief place of business (»r at 
 his domicile, ujion some fxi"<^)wn person of his family, or iu his 
 employ; (Form K) reipiirin^ him to make an assignment of his 
 estate and effects for tho benefit of his creditors. 
 
 But if claims ^*^- ^^ ^ho debtor, on whom such demand is made, contends that 
 do iiiit amount the samo Avns not made in confonnity with this Act, or that tho 
 Judgo in'ivy ' t-'l'dins of sucli Creditor or creditors do not amount to five hundred 
 inalto iin order dollars, ortliattlioy were ])rocured in "whole or in part for tho jmr- 
 poso of enabling such creditor or (ne<litors to take proceedings 
 under this Act, or that tho stoppage of payment by such debtor was 
 only temporary, jmd that it was not caused by any fraud or ftv udu- 
 lent intent, or by tho insufficiency of tho assets of such dcbtoi* to 
 meet his liabilities, ho may after notice to such claimant or claim- 
 ants, but only Avithin five days from such demand, present a petition 
 to the judge ])raying that no further proceedings under this Act may 
 bo taken upon such demand, and, after hearing tho parties and 
 such evidence as may be adduced before him, the judge may gi'ant 
 the prayer of his petition, and thei-eafter such demand shall have 
 no force or effect whatever; and such petition may bo granted with 
 or without costs against either ])arty; but if it .appears to tho judge 
 that such demand has been made without reasonable gi'ounds, 
 and merely as a means of enforcing payment under color of pro- 
 ceeding under this Act, he may condemn tho creditors making it, 
 to ])ay treble costs. 
 
 10. If at the time of siicli demand tho debtor was absent from 
 the Province wherein such service was made, application may bo 
 made after duo notice to the chiim;ints, within the said period of 
 |]Y<' days to tlio Judg(! on his Vielialf. for an enlargenjent of the 
 
 Kuaponiling 
 proucodint;^. 
 
 If tlio ileljliir 
 lie alixniit 
 Tvlien Iho Jc- 
 
 iimnd 13 iDuJo. 
 
 I 
 
 18G!I 
 
 tiuiol 
 liavef 
 onlail 
 iiHsig 
 refuj 
 tiiail 
 
 pcnd 
 
 realil 
 
 tho 
 
 negH 
 
 beni 
 
 Act,! 
 
 l^ 
 
 plactl 
 
 4 
 
32-a.'j Vict. 
 
 "' tlian ill tl„, 
 
 H'<'tlli,sli;i|,i|i. 
 vvlif.ld ,„• tllCl 
 'out tlio con- 
 us; 
 
 liiiii iiikIoi- 
 . IfiviciJ uj„,„ 
 
 '"'» four (l.iy.s 
 
 " tli('i-((()fj '„,. 
 
 '*>|";'vilc^'ei| 
 w'uti'oii, iiiid 
 
 Wllldl Hllch 
 
 " fclio 0/l(!ct,S 
 
 'i'<l providiiM 
 •J c'xociitioM 
 
 lily as t)w.y 
 
 ' for NlllllH 
 
 ly Jiiiiko u 
 VJ<»<li<'i.iI 
 
 .siiioHs or at 
 ««• itt Jils 
 
 cut of his 
 
 tciul.s tllHt 
 'J- that tlio 
 Jiiindrod 
 !• tlio pnr- 
 'occedinrr.s 
 obtor w.'is 
 '!■ ftv udu- 
 licbto/ to 
 or claim- 
 !■ petition 
 Aot may 
 tics and 
 f^y giviiit 
 lall havo 
 icd with 
 
 lOJnd^ro 
 
 ,Toun(l.s, 
 of j)ro. 
 king it, 
 
 it from 
 
 nay bo 
 
 iiiod of 
 
 of the 
 
 time 
 
 18G9. 
 
 Insolvent Ac/. 
 
 Cap. IG. 
 
 thno for making an aHsif^imont; and th(>rcu|ion if n\iv\\ ditbtor 
 havo not rctnrnod to snch I'rovinco thcJnd/^o may mako an order 
 ()nlarf,'iii>^ Huch p* riod and fixing tbo dolay within which Nuch 
 lusMij^nmont sliall bo mado; but Huch ordarj^emont of timo may bo 
 rcfuHod liy tho Jud^^o if it bo mado to ajipoar to bi.s Hatisfactioi^ 
 that tho Hiimo Avould bo prejudicial to tho interests of tlie creditors. 
 
 J7. If such petition bo rejecited, or if while sucli petition is I" "'"'•n'" 
 |)ondin<^, the debtor contimies his trade, or proceeds with tlio aebtur'n «!itnio 
 vcaliisation of Ids assets, or if no such petition l)o presented within t<> bcoomo mii- 
 tho aforesaid time, and tho Insolvent durin<,' tho samo tiu«» ,"u'i«ory"u"|ul- 
 noglects to make an assiginnent of Ids estate and tsrt'ects for tho Unilou. 
 l)enofit of his creditors as provided by tho second .section of this 
 Act, his estate shall become subject to comi)ulsory liciuidation. 
 
 IK But no act or omission (shall justify any proceeding to when act or 
 place tho ostato of an Insolvent in compulsoi-y liciuidation, unless omission Bhull 
 
 ' T i, 1 1 xi • A 1 • i /• ii notjustify tiie, 
 
 j)roceodnigs aro wiken nnder tins Act in respect ol the same, piaoiDgoftho 
 withiiL three months next after the act or onnssion relied upon estate in com- 
 Jis subjecting such estate thereto ; nor after ii writ of attachment {""'"j^ji^n^ 
 in com[)ulsory liquidation luus been issued while it remains in force, 
 nor after a voluntary assigmnent has been made, or an assignee 
 appointed under this Act. 
 
 19 In tho Province of Quebec jin allidavit may be made by a Afl'ulaviis in 
 claimant for a sum of not less than two hundred dollars, or by n"'b'"''low 
 the clerk or other duly authorized agent of suc'li claimant .setting nm.io. 
 forth tho particuhirs of his debt, the insolvency of the |)er.son 
 indebted to him, and any fact ()r facts which, under this Act, sub- 
 ject tho estate of such debtor to compulsory licjuidation. — (Fonn 
 b'). — And upon such affidavit being filed with tho Prothonotary of ^v,;j„f 
 thodistrict within which thelnsolvent has hischief placeof ))usiness, attachment 
 a writ of attjiohment (Form G) shall issue against tho estate and [j',""^'!"^' 
 etlectsof tho Insolvent addressed to tho sherifi' of tho district in 
 which such writ issues, re(|uiring such sheriff to seize and attach 
 the estiite and effects of tho Insolvent, and to sunnnon him to 
 appear before tho court to answer tho prennses; and .such writ 
 shall bo subject jus nearly a.s can bo to tho rules of ])rocedure of 
 tho court in ordinary suits, as to its issue, service, and return, and 
 as to all proceedings subse(picnt thereto l)eforo any Court or Judge. 
 
 20. In tho Province of Ontario, New Brunswick or Nova Scotia Aflidaviu in 
 in caseany claimant by affidavit of himself orof any. other individual "iinros how 
 (Form F), .shows to the satisfaction of tlui judge that he is a t;ro- mu'ti). 
 ditor of the Insolvent for a sum of not less than two hundred 
 dollars, and also shews by the affidavits of two credible persons, 
 such facts and circum.stanccs a.s satisfy such judge that the debtor 
 is in-solvent within tho meaning of this Act, and that ids estate 
 njis bocome subject to compulsory liquidation, such judge may order 
 tne issue of the writ of attachment (Form ii) against the estate ^y,;^ „{• 
 and effects of the Insolvent, addressed to the sheriff of the county attachment. 
 in which such writ issues, requiring such sheritt'to seize and atta<!h 
 
 thti 
 
 m 
 
Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 the estate and effects of the Insolvent and to summon him to 
 ap])car before the court to answer the premises, and such writ 
 shall bo subject as nearly as can be to the rules of procedure of 
 the Court in ordinary suits as to its issue and return, and as to all 
 proceedings subsequent thereto before any Court or Judge. 
 
 « 
 
 it 
 
 Service of 
 writ, ill cuKO 
 
 Ill8ulvb.>t lius 
 
 nil ■.loinieilo or 
 
 !ll)8C0ncl9. 
 
 Oonourroiit 
 writs. 
 
 Return of 
 wriU of 
 attacbuiuni. 
 
 31. If t}io defendant in any process for compulsory liquidation, 
 lias no domicile in any Province cf Canada, or absconds from the 
 Province in which ho h.as his domicile or remains without such Pro- 
 vince, or conceals liimsclf within such Province, service of the 
 Writ of Attachment issued against him under tliis Act, may be 
 validly mado upon him in any manner which the Judge may 
 order, upon ap, lication to him in that behalf; and in proceedings 
 for compulsory liquidation, concuiTent Writs of Attachment may 
 be issued, if required by tho plaintiff, addressed to the sheriffs 
 of districts or counties in any part of Canada other than the Dis- 
 trict or County in which such proceedings aro being carried on. 
 
 Sli. Writs of attaclnnent in proceedings fov compulsory liquid- 
 ation may be made lotuniable aftei' the expiry of three dayft from 
 tho service thereof, when tho defendant resides in Canada, 
 and not more than fifteen miles from the }»lace of return, or when 
 tlie defendant has no domicile therein ; and of one additional day 
 Cor every additional distance of fifteen miles between such 
 v'jsidence, if in Canada, and such place of return ; and immedi- 
 ately u})on the issue of a writ of .'ittaelnnont under this Act, the 
 Shorifi" shall give notice tliereof by advertisement thereof 
 (Kormll). 
 
 Sheriff to Ijo 
 otlioor of Oourt 
 issuing; writs. 
 
 Hi8 duly ill 
 oxorutiii^ it. 
 
 23. For all tlie purposes of such writ of attachment and in 
 respect of all his duties regarding it, the Sheriff shall be an oflicer 
 of the Court issuing such writ, and subject to its smnmaiy juris- 
 diction as suc.'i ; and under such writ, he sliall by himself or by 
 such agent or messenger a,s lie shall a[)point for that purpose, 
 wliose authority shall bo established by a copy of tho writ ad- 
 (hessed to him by name and descri|)tion, and certified imder the 
 li.ind of the Sheriff, seize and attach all tho estate and efiects 
 of tlie insolvent within the limits of tho County or District for 
 wiiich sucli Sherifi' is a]»point(!d, including his bii ks of ac- 
 count, moneys and securities for money, and all his oHice or 
 business pajiers, documents, and vouchers of every kind and 
 (h)scri[)tion ; and shall return, with tho writ, a report under 
 oatli statiiiff in jjccueral terms his action thereon. 
 
 I ! 
 
 siioriff m.iy 34. If the Sheriff or officer charged with any writ of attach- 
 
 and sitHrii; ™^'^*' ^'^ uiiablo to obtain access to tho interior of the house, 
 
 furoibiy. ' ' shoj), warehouse, or other premises of tho defendant named in 
 
 sucli writ, by rciison cf the same being locked, barred or fatitened, 
 
 such Shevirt or officei shall have the right forcibly to open the 
 
 same. 
 
 9S. 
 
32-33 Vict. 
 
 summon him to 
 !s, and such writ 
 » of procedure of 
 turn, and as to all 
 or Judge. 
 
 fory liquidation, 
 bsconds from tlio 
 without such Pro- 
 ', service of the 
 'w Act, may be 
 the Judge may 
 I in proceedings 
 Utachment may 
 1 to the sheriffs 
 3r than tlio Dis- 
 ig carried on. 
 
 ipulsory liquid- 
 'hree days from 
 es in Canada, 
 •eturn, or wlieu 
 additional day 
 between such 
 ; and immedi- 
 iv tliis Act, tlie 
 eiiieiit thereof 
 
 irnent and in 
 II be an officer 
 immary juris- 
 liiuiself or by 
 tliat purpose, 
 the writ all- 
 ied under tJie 
 3 and effects 
 I" i-)istrict for 
 bc< iks of ac- 
 iiis office or 
 y kind and 
 lojjort under 
 
 it of attach- 
 
 the house, 
 
 lit named in 
 
 or fastened, 
 
 to open the 
 
 98. 
 
 18G9. 
 
 ln$olvent Act. 
 
 Cap. 16. 
 
 1 
 
 4 
 
 4 
 
 IWJ. If, in the County or District in which is situate the chief i" whoso cus- 
 place of business of the debtor, official assignees have been aj)- l^^i pIom"^ 
 pointed for the [)urposes of this Act, the Sheriff' shall place the estuto : duty 
 estate Jind effects attached in the custody of one of such official of ""oh pe"*'"- 
 a,ssignee3, who shall be guardian under such writ ; but if not, he 
 shall appoint as guardian such competent and responsible pei-son 
 as may be willing to assume such guardianship ; and the person 
 HO placed in possession shall be bound to perform all the duties 
 hereinbefore imposed upon the interim assignee, except the calling 
 of a meeting of creditors for the appointment of an assignee. 
 
 SI6. Except in cases where a petition has been presented sis AVhen petition 
 provided for by the fifteenth section of this Act, the alleged "'"y ''°' , , 
 msolvent may [ireseut a petition to the Judge at any time within iosoivont. 
 three days from the return day of the writ, but not afterwards ; 
 and may thereby pray for the setting aside of the attachment 
 made under such writ, on the ground that his estjite has not 
 become subject to compulsory liquidation ; or if the writ of 
 attachment has issued aga'mst a debtor by reason of his neglect 
 to satisfy a writ of execution against him as hereinbefore provided, 
 then on such ground, and also on the ground that such neglect 
 was caused by a temporary embarrassment, and that it was not 
 caused by any fraud or fraudulent intent., or by the insufficiency 
 of the assets of such debtor to meet his liabilities ; and such Hearing on 
 petition shall be heard and determined by the Judge in a sum- "'°'' pe'i'io"- 
 mary maimer, and comfonnably to the evidence adduced before 
 him thereon ; but proceedings for compulsory liquidation sliall Proviso, 
 not be contested either as to form or upon the merits, otherwise 
 than by a summary petition, in the manner, upon the grounds, 
 and within the delay, hereinbefore provided. 
 
 97. Immediately upon the expiration of three days from the Meeting of 
 return day of the Avrit, if no petition to quash or to stay proceed- «fe^'*'"'''» ^°^ 
 ings be filed, or upon the rendering of judgment on the petition 
 
 to quash, if it be dismissed, or immediately upon such return 
 with the consent of the insolvent, the Judge, upon the applica- 
 tion of the plaintiff^, or of any creditor declaring in such applica- 
 tion that ho thereby intervenes for the prosecution of the cause, 
 shall order a meeting of the creditors to be held at a time and 
 place named in such order, and after due notice thereof by 
 advertisement, for the purj)oso of appointing an aasignee ; and 
 the guardian shall perform the duties imposed upon the interim 
 assignee by section four of this Act. 
 
 98. At the time and place appointed,'the Judge or the ])rothono- Who shall 
 tary or clerk of the Court in which the proceedings are carried P^eeido at, 
 on shall preside, and the creditors shall have the right to appoint 
 
 jm assignee to the estate and effects of the Insolvent, and the Appointmont 
 presiding officer shall draw up and sign a record of such appoint- °^ ABsignoe. 
 ment which shall be a record of the Court, but if no creditor be 
 present at such meeting the presiding officer shall have power to 
 adjourn such meeting. 
 
 2 99. 
 
10 
 
 Cap. IG. 
 
 Insolvent Act. 
 
 32-33 Vici. 
 
 18| 
 
 Transfer of 
 estate from 
 guardian 
 to assignee. 
 
 Proof anil 
 regiptry of 
 appointment. 
 
 58S>. Upon the appointment of the assignee, the guardian shall 
 immediately deliver the estate and cfFects in his custody to such 
 assignee ; and by the effect of his appointment, the whole of the 
 cstjito and effects of the Insolvent, whether real or personal, 
 moveable or immoveable, as existing at the date of the issue of 
 the writ, and which may accrue to him by any title whatsoever, 
 up to the time of his discharge imder this Act, and whether seized 
 or not seized under the Avrit of attachment, sliall vest in the said 
 assignee in the same manner, to the same extent, and with the 
 same exceptions, as if he had been duly appointed assignee to 
 such insolvent under a voluntary assignment of his estate and 
 effects executed by the insolvent to an interim assignee, and such 
 estato and effects had boon duly transferred to him as herein- 
 before provided. 
 
 30. An authentic copy or oxemplilication, under the hand of 
 the Court, of the ncord of appointment of an assignee, may 
 be registered at full longth in any registry office, without any 
 proof of the signatii.re of the officer and without any memorial ; 
 and such registration shall have the same effect as to the real 
 estato of the insolvent and in all other resoects, as the registration 
 under this Act of a deed of assignment with deed of ti-ansfer 
 aimexod. 
 
 Pil 
 crJ 
 
 U 
 
 Appointment 
 of officiul 
 assignees by 
 Hoard of 
 Trado. 
 
 In places 
 where llicre ii 
 no Jioard of 
 Trado. 
 
 Kocurity by 
 and reniuvul 
 ul assignees. 
 
 31. The Board of Trado at any place, or the Council thereof, shall 
 within three months from the time at which this Act shall come into 
 force, and afterwards, from time to time, within three months after 
 any vacancy by the death, resignation or removal of any official 
 assignee, name any number of povsons within the County or District 
 in which such Board of Trado exists, or within any County or 
 District adjacent thereto in whicli there is no Board of Trade, to 
 wit : at least one Official Assignee for each of such Counties, and 
 at least three Official Assignees in each District of the Province 
 of Quebec, to be official assignees for the purposes of this Act, 
 and at the time of such nomination shall declare what security for 
 the due performance of his duties, Hliall bo given by each of such 
 official assignees before entering upon them ; and a copy of the 
 resolution naming such persons, certified Ity the Secretary of the 
 Board shall be transmitted to the Prothonotary or Clerk of the 
 Cnirtin the District or County within which such assignees are 
 resident respectively ; ar,;i siTcri copy shall bo primfl facie evidence 
 of tho appointment of an official nssignec; but such nomination 
 may bo made by tlie Judj^i', in nny District or County wherein or 
 adjacent to which no Board of Trade exists, and also in such 
 District or County wherein, or a<ljiicent to which a Board of Trado 
 exists, but in which the Board of Trade shall have failed to make 
 sucn nomination during tho delay aforesaid, and in that case the 
 Judge shall certify such nominatioix under his hand, and shall 
 (lie such certificate in tho office of tho Court over which ho pre- 
 sides ; and such security as Kueh .hidgo shall declare in such 
 nomination, shall be given by such official assignee ; and the Board 
 or Judge Avho has appointed an Ottieial Assignee or tho Judge 
 
 having 
 
 ::*i:^_ 
 
32-33 Vict. 
 
 guai-dian shall 
 custody to sucli 
 no whole of tho 
 
 cal or personal, 
 
 of the issue of 
 litlo whatsoever, 
 J whether seized 
 vest in the said 
 . and with the 
 ted assignee to 
 his estate and 
 jgnee, and such 
 lim as herein- 
 
 er the hand of 
 
 assignee, may 
 
 5, without any 
 
 auy memorial; 
 
 1 as to the real 
 he registration 
 ctl of transfer 
 
 il thereof; shall 
 shall comein to 
 e months after 
 3f any official 
 iity or District 
 ly County or 
 ^ of Trade, to 
 Counties, and 
 the Province 
 
 of this Act, 
 t security for 
 each of such 
 
 copy of the 
 'ctaiy of the 
 Cleric of the 
 ifisignees are 
 tcte evidenco 
 
 nomination 
 
 wherein oi- 
 I«o in such 
 fird of Trade' 
 led to make 
 lat case the 
 , and shall 
 ich hepre- 
 '■e in such 
 1 the Boaid 
 the Judge 
 having 
 
 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 11 
 
 I 
 
 having jurisdiction at the domicile of such official Assignee, may 
 remove him upon petition to that effect duly notified to such 
 Official Assignee, and upon such notice and for such causes as sucli 
 Board or Judge may deem sufficient ; but such removal shall not 
 have the efi'ect of removing such Official Assignee from the office of 
 Assignee to any estate to which he ha« previously been appointed ; 
 and all official assignees now holding that office shall continue to present offl- 
 hold the same, but subject to all the provisions of this Act with ciai Assignees 
 
 . . , 15 . , . •' ' continued. 
 
 respect to omcial assignees ; 
 
 To whom iiui 
 for whoso 
 benefit the 
 eeourtty ihaXX 
 be K-»t"- 
 
 Proviso: cre- 
 ditors may 
 require further 
 security. 
 
 !<JJ. Such security shall be taken in the name of office of the 
 President of such Board of Trade or Judge, for the benefit of the 
 creditors of any person whoso estate is or subsequently m.iy be, in 
 process of liquidation under this Act ; and in case of the default 
 of any such official asslgncjo in the performance of his duty, his 
 secuiity may be enforced and realized by the Assignee of the estate 
 which suffers by such default, then or subsequently appointed, 
 who may sue in his own name ay such assignee upon such security ; 
 Provided always that the giving of such security shall not prevent 
 the creditors of any insolvent from requiring security to bo given 
 for their benefit as hereinafter provided ; but in that case the 
 security taken in the name of the President of the Board of Trade 
 or Judge shall bo I'egarded as supplementjiry to the security so 
 required, and shall be enforceable only after discussion of such 
 security ; and upon the seciu'ity so given coming to an end, the 
 Official Assignee shall bo incapable of being appointed interim 
 assignee or guardian until new .security be giv^cn instead thereof 
 to the satisfaction of the official receiving the same ; and if in case 
 of such default it bo found that more than one insolvent estate 
 has claims u])on such security, the total amount claimed, not 
 exceeding the amount of such security, shall bo payable to such 
 of the assignees of such estates, as shall be named by the President 
 of such Board of Trade or Judge by tin instrument in writing, for 
 that purpose, and may be claimed and recovered by such assignee 
 after a copy of such nomin.ation has been delivered to the surety, 
 who shall be discharged by such payment; and thereafter the 
 assignee so named sh.all distribute the amount so received among 
 the claimants thereof includmg the estate represented by himself, 
 in the next dividend sheet of such estate, subject to contestation 
 like all other items in such sheet ; and he shall receive in respect of 
 the amount so received and distributed, a commission of one half 
 per centum thereon and no more. 
 
 33. The interim assignee or guardian shall have the riglit in his Conservfttor.v 
 own name, aud in his capacity of interim assignee or guardian, as i"'<"'86diog8. 
 the case may be, to institute any conservatory process or any 
 process or proceeding that may l)e necessary for the protection 
 of the estate, provided tli;\t ho shall first have «)l)taiiied the 
 authority of the Judge for so doing; 
 
 If more than 
 one insolvent 
 estate has 
 claims on it. 
 
 34. 
 
I 
 
 1)1! 
 
 I';! 
 
 J 
 
 12 
 
 Cap. 16. 
 
 Insolveiu Act. 
 
 82-33 Vict. 
 
 Ingpeotors 
 may be ai.- 
 poiDtodby 
 oreditoM. 
 Their duties. 
 Term of office, 
 Ac. 
 
 34. At the first meeting of creditors which shall be held for 
 the appointment of an assignee either on a voluntary assignment 
 or in compulsory liquidation, or at any subsequent meeting, the 
 creditors may appoint one or more inspectors either from among 
 themselves, or otherwise, whose services may be gi.ituitous, or paid 
 For, i\s the creditors shall decide at such meeting, and who shall 
 Huperintend and direct the assignee in the performance of his 
 duties under this Act, untU the next meeting of creditors ; and if 
 their appointment be not then or at some subsequent meeting 
 revoked, they shall continue to hold the same till the final closinj^' 
 of tlie ejstate; and at such meeting, and at subsequent meetings 
 from time to time the creditors may fix, by resolution, the City, 
 To^vn or other place in which meetings of creditors shall thereafter 
 be held ; and thereafter no meetings held elsewhere shall be \alid ; 
 and whenever under this Act the consent, authority or dh'ection 
 of the creditors is required, to enable the assignee to perform any 
 act, or to adopt any coui-se, the unanimous consent, sanction, 
 authority or directions of the inspectoi-s, if any thero be, evidenced 
 by a writing signed by them and deposited with the assignee, 
 .shall be held and taken to bo the consent, sanction, aiithority or 
 directions of the creditors in that behalf, save and except in the 
 case of the proposed sale of the entire estate of the Insolvent as 
 hereinaftei provided ; subject always however to revision by the 
 creditors at any meeting thereof held for the purpose 
 
 If an offer of 3tS. If at such meeting the Insolvent shall make an offer of 
 made°and ° ^' Composition, and such oficr be approved by the creditors, they may 
 accepted. make such order as they may deem expedient, either for suspend- 
 ing the disposal of the estate and all or any proceedings tending 
 thereto, for such time as may be fixed by such meeting, or for 
 any other purpose. 
 
 Place for 
 moetiags to 
 bo fixed. 
 
 Inspoctora to 
 rupreaoDt the 
 creditors. 
 
 Kiill 
 
 OF ASSIGEES. 
 
 Notice by 
 Assignee. 
 Form. 
 
 36. Immediately upon his appointment the assignee shall give 
 notice thereof by advertisement (Foi-m I) ; 
 
 
 Calling meet- 
 ings of cre- 
 ditors. 
 
 Assignee to 
 obey instruo- 
 tions and 
 deposit 
 moneys in a 
 Dank, &o. 
 
 97. The assignee shall call meetings of creditors, whenever 
 required in writing so to do by the inspectoi-s, or by five cr -editors 
 stating in such writing the purpose of the intended meeting an<l 
 making themselves liable for the expense of calling the same ; or 
 whenever he is required so to do by the Judge, on the application 
 of any creditor, of which application he sTuvll have notice; or 
 whenever he shall himself require instructions from the creditors ; 
 and he shall state succinctly in the notice calling any meeting, 
 the purposes of such meeting ; 
 
 38. The assignee shall be subject to all rules, orders and tlirec- 
 tions, not contrary to law, or t(» the provisions of this Act, which 
 are made for his gi idance by the creditors ; and until he receives 
 directions from the creditors in that behalf, if there be a Bank or 
 agency of a Bank in ths place or county in which the insolvent 
 
 haa 
 
82-33 Vict. 
 
 shall be held for 
 ntary assignment 
 ent meeting, the 
 fcher from among 
 •ituitous, or paid 
 g. and who ahall 
 rformanco of his 
 creditors; and if 
 sequent meeting 
 tljo final closin" 
 equent meetings 
 lution, the City, 
 » shall thereafter 
 shall be valid ; 
 •ity or du-ection 
 to perform any 
 •nsent, sanction, 
 i''^ be, evidenced 
 th tlie asHignee, 
 11, authority or 
 d except iji the 
 le Insolvent as 
 evision by the 
 o,se 
 
 ake an offer of 
 ifcors, they may 
 lor for suspend- 
 edings tending 
 aieeting, or for 
 
 ?nee shall give 
 
 <>r«, whenever 
 ' five cr-^ditors 
 I meeting an«l 
 ■ the same ; or 
 le application 
 ve notice; or 
 the creditors ; 
 HJiJ meeting, 
 
 Brs and direc- 
 a Act, which 
 1 he receives 
 30 a Bank or 
 he insolvent 
 has 
 
 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 13 
 
 i 
 
 has his place of business or within fifteen miles of such place, 
 he shall deposit weekly, at interest, in the name of the estate, all 
 moneys received by him, in the Bank or Bank Agency in or nearest 
 to the place where the Insolvent so carries on business ; but he 
 shall not deposit moneys belonging to the estate, in bis own name 
 in.any Bank, on pain of dismissal by the Judge on the summary 
 petition of any creditor ; and the interest received upon deposits 
 shall appertain to the estate, and shall be distributed in the 
 same manner and subject to the sam3 rights and privileges .is the 
 capital from wliich such interest accrued ; and if in any account or interest 
 dividend sheet made subsequent to any deposit in a Bank, the thereon, 
 {issignee shall omit to account for or divide the interest then 
 accrued tliereon, he shall forfeit and yjay to tlie estate to which 
 such interest appertains, a sum equal to throo times tlie amount 
 of such interest ; and lie may be constrained so to do by the 
 Judge upon summary petition and by inq)risonment as f(tr .a con- 
 ti'm})t of Court ; And at every meeting of inspect<irs or of creditors, Dank pasB- 
 the assignee shall produce a Bank pjws-book shewing the name in ^"'"'J **» '"' 
 which tlie Bank account of the estate is kept at such Bank, and '"** 
 all the transjietions with sucli Bank connected with such 
 account.ofN/hich production mention shnll be made in the minutes 
 <tf such meeting, or it shall bo cunclnsivoly pitjHuiued not to 
 have been }>roduced thereat. 
 
 •10. The int(?rini assignee, jussignee or guardian, as the case may furihor dutie 
 be slinll attend all meetings of i;reditora, and take and preserve "^■'^"'?"*f^g*'' 
 minutes of siu'h meetings, signed l)y himself, and signed and ao. ' 
 
 certitied at the time by the Chairman, or }>v three creditoi-s pre- 
 s(int at the meeting ; and the assignee shall also keep a correct 
 register in duplicate of all his proceedings, and of the reception of 
 all papers and documents served upon or delivered to him, and of 
 all claims made to or before him, and shall enter therein in the 
 lirst place the minutes of all meetings of creditors held before or 
 at the time of his appointment, tw delivered to him ; one of which 
 duplicates shall remain in the office of the Prothonotary or Clerk 
 of the Court, and shall be written up and completed by the assi- 
 gnee monthly from the duplicate in his own possession ; and also ?'" f'^"* 
 if required, and independent of the security hereinbefore required jity, if required 
 to be given, the assigiiee,in any ciuse, shall give such other security, 
 and in such manner, as shall be oi'dered by a resolution of the 
 croditoi-s, and shiUl conform himself to such directions in respect 
 thereof, and in respect of any change or modification thereot or 
 iwldition thereto, na are subsequently conveyed to him l>y similar 
 resolutions; and in every such ca.se, the bond or instrument of Form of 
 security shall bo tjiken in favor of the creditors, by the name of bond, Ao. 
 the " Cretlitors of A. B., an Insolvent, under the In.solvent Act of 
 1869," and shall bo deposited in the office of tlie Court, and 
 in ca«e of default by the assignee on whoso behalf it is given, 
 may bo sued upon by any assignee, who shall bo subsequently 
 aj^pointed, to the same estate, in liis own name as such assignee : 
 And it shall be the duty of the assignee at the meeting by which 
 he is appointed, if present thereat, or if not, then at the next 
 
 meeting 
 
Cap. 10. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 meeting thereof, to bring before tiuch meeting the question of 
 the security to be given by him. 
 
 i'diveia oi in- 40. All ])o\vers vested in any Insolvent which he might have 
 (.(iivent vrnrH legally cxccuted for his own benefit, shall vest in, and bo executed 
 by the assignee, in like manner and with like effect as they were 
 vested in tlio Insolvent, and might have been executed by him ; 
 but no power vested in the Insolvent or property or effects held 
 by him an Trustee or otherwise for the benefit of others, shall 
 vest in the assignee undei" this Act. 
 
 Excoption. 
 
 ABEi|{DCO lo 
 
 sell jiroiiorty 
 of lusolvunl, 
 mill iu what 
 miiODcr. 
 
 I'iuvSho iur 
 sanction of 
 freditors. 
 
 ABHiguoe to 
 eue Iur debts 
 iliio to Insol 
 vent. 
 
 If tho lusul- 
 vont mie8 for 
 the same. 
 
 41. The assignee shall wind up tho affairs of the Insol vent, by tho 
 sale, in a prudent manner, of all Bank and other stocks, and of all 
 moveablca belonging to him, and Ity tho collection of all debts, 
 but in all of such respects .shall bo guided liy the direction of the 
 creditors given as herein provided ; but nothing in this Act con- 
 tiiincd shall prevent the a.'^signee from selling the entire estate and 
 effects of the Insolvent, real and personid, in one lot, either for a 
 gross price, or at a dolliir rjite upon the liabilities of the Insolvent, 
 and upon such other terms and conditions as to the payment of 
 tho price, tho payment or ;issumption and i)ayment, by the pur- 
 I baser of mortgages or hypothecaiy debts, and the payment of 
 privileged debts, as may i»o con;-;idercd advantageous, such con- 
 ditions however, in tlic ca.so oH mortgages, hypothecations or 
 privileged claims, not to dimmish tho security of the creditors 
 holding the same nor to extend tho term of payment agreed to by 
 them, without their exjiress consent ; Provided always that such 
 sale and all and every the terms and conditions thereof and con- 
 nected therewith bo first approved at a meeting of creditors ; and 
 such meeting may bo held at any timo after tho appointment 
 of an assignee, provided notice by advertisement as provided by 
 this Act lias been given by tho assignee, interim assignee or 
 guardian, aa the case may bo. ,. . . 
 
 43. The Assignee, in his own name as such, shall have tho ox- 
 <lusivo right to suo for tho recovery of all debts due to or claimed 
 by tho Insolvent of every Icind and nature whatsoever ; for res- 
 cinding agreements, deeds and instruments made in fraud of 
 creditors and for the recovery back of monies alleged to have 
 been paid in fraud of creditors, and to take, both in tho pro- 
 secution and defence of suits, all tho proceedings that tho Insol- 
 vent might have taken for tho benefit of tho estate, or that any 
 creditor might have taken for tho benefit of the creditors generally ; 
 and may intervene and represent tho Insolvent in all suits or 
 proceedings by or against him, which aro pending at tlie time of 
 his appointment, and on his application may have Ids name 
 inserted therein, in the place of that of the Insolvent ; And if after 
 tho appointment of an assignee, and before ho has obtained his 
 discharge under this Act, the Insolvent shall suo out any writ or 
 institute or continue any proceeding of any kind or nature what- 
 soever, ho shall give to tho opposite party such security for costs 
 as sliall bo ordered by tlic Court before which such suit or pro- 
 
 ceedifDg 
 
 186^ 
 
 ceec 
 or pi 
 
 copa 
 :vnd| 
 
 t 
 
( 
 
 32-33 Vict. 
 the question of 
 
 ^'6 might have 
 j4wid 00 executed 
 ect as they were 
 v-ecutid by him ; 
 ty or effects lield 
 of others, shall 
 
 ;n.soIvent.bytho 
 tock8,andofalI 
 »n of all debts, 
 direction of the 
 in this Act con- 
 "tiie estate and 
 wt, either for a 
 f the Insolvent, 
 l-ho payment of 
 ^K by the pur- 
 1© payment of 
 o«8, such con- 
 ^thecations oi- 
 [the creditors 
 t agreed to hy 
 'ays that such 
 Jfeof and con- 
 'reditors; and 
 
 appointment 
 i provided by 
 ' assignee or 
 
 ^avo the ox- 
 » or claimed 
 ^er; for res- 
 in fraud of 
 fed to have 
 in tlio pro- 
 t the Insol- 
 or that any 
 s generally; 
 ill suits or 
 he time of 
 his name 
 ^(lif after 
 >taincd his 
 f»y writ or 
 ure what- 
 '_ for costs • 
 it or pro- 
 ceeding 
 
 1869. 
 
 Insoluctit A (J. 
 
 Cap. 10. 
 
 15 
 
 ceeding is pending, before such party shall bo bound to appear 
 or plead to tho samo or take any further proceeding therein. 
 
 i| 43. If a partner in an unincorporated trading company or if a partner 
 copartnership, becomes insolvent within tho moaning of this Act, yent"parinor- 
 and an Assignee is appointed to tho estate of such Insolvent, such (.hip'th«roi)y 
 partnership shall thereby bo licld to bo dissolved ; and the '''^s'^'vei, *p. 
 Assignee shall have all tho rights of action and remedies againr.t 
 the other partners in such company or copartnership, which any 
 partner could have or exercise by law or in equity against his 
 copartners after tho dissolution of the firm ; and may avail himscH' 
 of such rights of action and remedies, as if such copartnership 
 or company had expired by efflux of time. 
 
 44. After having acted with duo diligence in tho collection of BuIo of dci.ta 
 the debts, if the Assignee finds there remain debts due, tho attempt S^^^hlS ^''*'"' 
 to collect which would be moro onerous than beneficial to tho would bo too 
 estate, he may report tho same to tho creditors, and with their onorou?. 
 sanction he may obtain an order of tho Judge to sell tho samo by 
 
 Eublic auction, after such advertisement thereof as may bo required 
 y such order ; and pending such advertisement, the Assignee 
 shall keep a list of the debts to bo sold, open to insi)ection at his 
 office, and shall also give free access to all documents and vouchers 
 explanatory of such debts ; but all debts amounting to moro than P'^vIsd 
 one hundred dollars shall be sold fioparately, except as herein 
 otherwise provided. ,- m, ' .( 
 
 4tl. If at any time any creditor of the Insolv snt shnll desire to A^^Mditormay 
 cause any proceeding to bo taken A^hich in his opinion would order" of' a 
 be for the benefit of the estate, and the .assignee shnil under tho .Iu.Iko nuiho- 
 authority of tho creditors or of ; -ic ^n^pectors rcfuRO or neglect to [likB any"Kpo. 
 tftke such proceeding after being duly required so to do, such credi or niai prooccd 
 shall have the right to obtain an order of tho Judge aithorizinghim "''^^ "j'.,!"" 
 to take such proceeding in tho namo of tho assignee, but at his ovrn 
 expense and risk, upon such terms and conditions as to indcmnitj'^ 
 to tho assignee as the Judge may prescribe, and thereupon any bene- 
 fit derived from such proceeding shall belong exclusively to th(! 
 creditor instituting the samo for his benefit and that of .any other 
 creditors who have joined him in causing the institution of sucli 
 proceeding; but if before such order is gr.antcd, tho assignee shall 
 aignify to the judge his readiness to institute such proceedings for 
 the benefit of the creditors, tho order sh.all bo m.ado jirescribing 
 the time within which ho shall do so, and in tli.at case tlio advan- 
 tage derived from such proceeding shall appert.ain to tho estate. 
 
 46. Tho person who purchases a debt from the Assignee may RiRbts o( pur 
 sue for it in his own name, as cH'ectually as tho Insolvent might goJ'ven" '•'u'e'itp 
 have.dono and as tho Aasigneo is hereby authorized to do ; and 
 a Bill of Sale (Form K), signed and cleliveied to him by the 
 Asssignee, shall be primdjacie evidence of such purchase, without 
 proof of tho handwriting of the Assignee ; and no warranty, 
 except as to the good faith of tho Assignee, shall bo created by such 
 sale and conveyance, not evun that the debt is due. 
 
 47. 
 
I 
 
 ik 
 
 Cap. 10. 
 
 Sale of real 
 eatato, on oor- 
 UluoonJItionii, 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 47. TJio Assignoo may sell the real estsite of the Insolvent, but 
 only after aclvcrtisomont thereof, for a [jeriod of two months, and 
 in the 8ivmo manner as is required for the actual advei-tisenient of 
 sales of real estate by the sheriff in the district or place where 
 •such real estate is situate, and to such further extent as the 
 jujsignee deems oxpeiliont ; but the period of advertisement may 
 be shortened to jiot less than one month by the creditors with the 
 approbation of the Judge ; but in the Province of Quebec such 
 abridgement shall not t«iko place without the consent of the hypo- 
 thecary creditors upon such real estate, (if any there be) and if the 
 price offered for any real estate at any public sale duly advertised 
 a»s aforesaid, is, in the opinion of the Assignee, too small, ho may 
 withdraw such real cstjito, and sell it sul)sequently imdor such 
 directions sis ho receives from the creditora. 
 
 18691 
 
 Form c.r dooJ 
 uud turuiH. 
 
 It 
 
 Rffeotof sates 48. All sales of real estate so made by the Assignee, shall vest 
 oi roa ogtate. ^^ ^^^ purchasers all the legal and efpiitiible estate of the insolvent 
 therein, and in .all respecis shall have the same effect as to mort- 
 gjiges, hypothecs or privileges then existing thereon, as if the same 
 had been made by a sheriff in tlie Province in which suoh real 
 estate is situate, under a writ of execution issued in tlie ordinary 
 course, but no other, greater, or less effect than such sheiifl's sale ; 
 and the title conveyed by such sale shall have equal validity with 
 a title created by a sheriff's sale ; and the deed of such sale which 
 the Assignee executes (Form L,) shall have the same effect as a 
 sheriff's deed has in the Province within which the real estate is 
 situate ; but he may grant sucli terms of credit as he may deem 
 expedient, and as may be approved of by the creditoi-s, for any 
 part of the purchase money ; except that no credit shall be given 
 in the Province of Quebec for any part of the purchase money 
 coming to any hypothecary or privileged creditor without the 
 consent of such (tredittn*; and the Assignee shall bo entitled to 
 reserve a special hyjwthec or mortgage by the deed of sale as 
 security for the payjnent of such part of the purchase money 
 as shall be unpaid ; and such deed may bo executed before wit- 
 nesses or be.foj'e notaries, according to the exigency of the law of 
 the place where the real estate sold is situate. . ,, .- „^ 
 
 49. In the Province of Quebec such sale may be made subject 
 to all such charges and liypothecs as are permitted by the law <jf 
 the said Province to remain chargeable thereon, when sold by the 
 sheriff, and also subject to scich other charges and hypothecs 
 theieon, a« are not duo at the time of the sfilo, the time of pay- 
 ment whejeof shall not however be extended by the conditions of 
 such sale ; and also subjec^t to such other charges, and h}i)othecs as 
 may 1)e consented to in writing l>y the holders or creditors thereof.' — 
 Folia ciioiiie. And an order of re-sale foi- false bidding may be obtained from the 
 judge by the' assignee upon sunmiary petition ; and such re-sale 
 may hti j)roceeded with after the same notices and advertisements, 
 and with the same effect and consequences as to the false bidder, 
 juul all others, and by nieans of sinular proceedings, as are pro- 
 vided in ordinary cases for such re-sales, in all essential i)articulars 
 
 and 
 
 Hilton io IJnO' 
 l>«c iiay lie 
 Milijoot to 
 
)r 
 
 32-33 Vict. 
 
 tlie InsoJvonfc, l,ut 
 two months, and 
 attvoi-tisement of 
 or place where 
 ■ extent as the 
 v^ertisement nmy 
 roflitora with the 
 «f Quebec .such 
 'out of the hypo- 
 re be) and if the 
 duly advertiMed 
 small, Jio may 
 »tly undor such 
 
 >i?nt'e, shall vest 
 
 of the insolvent 
 feet as to mort- 
 1, as if the same 
 ^hi(!h such real 
 in tlie ordinary 
 A sheiift's sale ; 
 JJ validity with 
 nich sale which 
 me effect as a 
 le real estate is 
 
 he may deem 
 iditoi-s, for any 
 'i shall be given 
 "•cha.se nioney 
 r without the 
 1*0 entitled to 
 3ed of sale as 
 rchase money 
 J before wit- 
 of tlie law of 
 
 1869. 
 
 Insokcnt Act. 
 
 Cap. 10. 
 
 w 
 
 tfttiJ:-v 
 
 made subject 
 l>y the law (jf 
 u sold by the 
 ^ Ijypothecs 
 /inie of pay- 
 conditiojis of 
 h37)othecs as 
 •rs thereof.*— 
 ued fiom the 
 «uch re-sale 
 ertisemonts, 
 alse bidder, 
 , as are pro- 
 ' particulars 
 and 
 
 Coji) or Pio- 
 
 ceiliiro ti> 
 apply. 
 
 and as nearly as may bu without be injf inconsistent with this Act ; 
 and as soon tin immoveables are .^old by the Assignee, ho shall pro- Certinoato of 
 cure from the ile^'^trar of the Rogistrati(Ju Division in which each *«""^""'' 
 immoveable is situate, a cortificato of the hypothecs charged upon 
 such immoveable and registered up to the day of the issue of the 
 writ of attachment, or of the e.xeciition of ilie d(!C(l of as.signment 
 by which the estate of the Insolvent was biougbt within the ]>nr- 
 . view of this Act, as the cise may be ; And sucib certificate, shall 
 contain all the facts and circumstances rcipiired in the Uegistiiir's 
 certificate obtiiined by the Sheriff subse(pient to the adiii(ii(\'ition 
 of an immoveable in conformity with tlie provisions of the ('odi'.of 
 Procedure and shall be made and charged for liy the Registrar in 
 like manner ; And the provisions of tlie Code of Procedure lus to 
 the collocation of hypothecary, and privileged creditoi's, the neces- 
 sity for and the filing of oppositions fur payment and tiie costs 
 thereon shall apply thereto under this Act as nearly as the nature 
 of the case will admit; Ami the collocation and distribution of the Order of ais- 
 money afising from such sale shall bo made in the dividcuid sheet *"''""""• 
 in the same manner as to all the essential ])artsthoreof,:isthe collo- 
 cation and distribution of monies arising IVom the sale of inuiiove- 
 ables are made in th(i appropriate Court in or<linary cases, (except 
 in so far as the .same may be inconsistent with auy provision of 
 this Act. 
 
 SO. Every interim Assignee, Guardian and Assignee .shall be AssiRnocs,* 
 subject to the summary iurisdictiou of the Court or Judf'e in the K"|"'Jinna, Ac, 
 
 to 1)11 HUnioct 
 
 same manner and to the same extent as the ordinary ofiicers of the t„ tho orders of 
 Court are subject to its jurisdiction, and tho performance of their the Court, or 
 respective duties may be compelled, and all remedies soui^ht or ''""*!»• "• 
 demanded for enforcing any claim for a <lebt, privilege, mortgage, 
 hypothec, lien or right of property ujxm, in or to any efi'ectH or 
 property in the hands, ])ossession ttr custody of the Assignee, may 
 be obtained, by an order of tho Judge on .summary petition in 
 vacation, or (jf the Court on a rule in term, and not by any suit, 
 attachment, opposition, seizure or other proceeding of any kind 
 whatever ; and (jbedienco by the Assignee to such order may bo 
 eikforced by such Judge or Court under the penalty of imprison- 
 ment, as for contempt of Court or disobedience thereto, or ho may 
 bo dismissed, in the discretion of the Court or Judge. 
 
 •51. Any Assignee may bo removed, either at tho will of the Assignee may 
 creditors or upon his own resignation, by a resolution passed by the Jj^algn!'*'" ' °' 
 creditors present or represented at a meeting duly called for the 
 purpo.se; and if the Assignee dies oris removed they .shall have 
 the right of appointing another assignee, either at the meeting by 
 which ho is removed, or at any other called for the purpose ; but 
 the Assignee so removed shall, nevertheleas, remain subject to the Prf.vijo. 
 .summary jurisdiction of tho court and of any Judge thereof, until 
 ho shall have fully accounted for his acts and conduct while he 
 continued to bo Assignee. 
 
 3 
 
 «19. 
 
18 
 
 Cap. 10. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 18( 
 
 Kciunnoratlon 
 <'!' w: lf;nec, 
 iiitoriiii null- 
 Kiiiix iiiil 
 Kiiiirilian. 
 
 SQ. Tho remuneration of the interim Ahsignoo, Ouairdian and 
 As.signeo rcajiectively, shnll l»o fixed by tho creditors at their 
 lirst njeoting or at any other meeting called for tho purposo ; but 
 if not Ro fixed before a final dividend is declared, shall bo put into 
 th(* dividend sheet at a rate for tho interim Assignee or Qnardian, 
 such as tho Assignee shall deem reasonable, and for tho A i'nieo 
 ii()t<'xceedintr five per centum ui>on tho canh receipts, — f ct to 
 
 In cnso of 
 
 (Iniitli of 
 
 ostato how 
 vuatod. 
 
 contestation by any party interested as being insuffic ' )r im 
 exceeding the value of tho services rendered, in the san. -lanner 
 as any other item of tho dividend shoot; But no sum of money 
 shall )>o inserted a.s a remuneration to tho Assignee unless tho 
 ([ucstion of siich remuneration shall havo been previously bi'ought 
 before a meeting of creditors competent to decide it. 
 
 •S3. Upim tho death of an Assignee tho estate of tho Insolvent 
 shall not descend to tho heirs or representatives of tho Assignee, 
 but shall bocomo vested in any Assignee who shall bo aj)[)ointed 
 by tho creditors in his place and stead; and in caso of 'the ofHco 
 of Assignee becoming vacant from any cause, the estate shall bo 
 under the control of tho Judge, until a now Assignee is appointed. 
 
 ^'T'rTh'""' *^^' After tho declaration of a final dividend, or if after using 
 of ii8Hig'neo.'^*^° "^'10 diligence tho Assignee hsis been unable to realize any assets 
 to bo divided, the Assignee may ]>reparo his final account, and may 
 lu'csent a petition to tho Judge for his discharge from tho ofHco 
 of Assignee after giving notice of such petition to tho Insolvent 
 and also to tho In.spectoi's if any havo been appointed, or to tho 
 creditors by circular, if no Inspector has been appointed ; and shall 
 produce and file with such petiti(m a bank certificate of the deposit 
 of any dividends remaining unclaimed, or of any balance in hi.s 
 hands, and a statement showing tho nominal and estimated value 
 of the assets of the In.solvent, tho amount of claims proved, dividing 
 1 iicm into ordinary, ]>riviloged and hypothecary claims, the .amount 
 of dividends or of composition paid to the ordinary creditors of 
 tho estate, and the entire expense of winding up the same, and 
 thereupon the Judge after causing tho account to bo audited by 
 the Inspectoi-s or by some crecHtor or creditors named by him for 
 the [)urpose, and after hearing tho parties, may refuse or grant 
 conditionally, or unconditionally tho prayer of such petition. 
 
 thol 
 ofal 
 the 
 
 deJ 
 pnl 
 
 'M 
 
 I I 
 
 OF DIVIDENDS. 
 
 Acp(.unta nnd SS. Upon tho ox|)ira.tion of the period of ono month from the 
 usMuMe.*" ''^ ^'"'^^ insertion of tho advertisements giving notice of the appoint- 
 ment of an Assignee, or a.s soon as may bo after tho expiration of 
 such period, and afterwards from time to timo at intervals of not 
 more than three months, tho Assignee shall prepare and keep 
 constantly accessible to tho creditors, accounts and statements of 
 his doings as such Assignee, and of the position of tho estate, and 
 at any similar intervals sliixll prepare dividends of the estate of tho 
 insolvent. 
 
 30. 
 
 JL-=- 
 
.12-33 VrcT. 
 
 ICO, Guardian and 
 creditors at thoir 
 thomirpoHo; but 
 '. Miall bo put into 
 mo or Guardian. 
 'iforthoiS irTi,.^ 
 
 !Cipts,— p c't to 
 
 in.suffi( : .r M 
 tlio Ran. .lannor 
 »o Hinn of money 
 'gnoo unless tho 
 oyiously brouL'lit 
 
 it. 
 
 of tho Insolvent 
 "fj'io A.ssignoe, 
 ^'I bo appointed 
 •nso of tho office 
 i estate .shall bo 
 leo is .appointed. 
 
 >r if after using 
 alizo any assets 
 Jpount, and may 
 iromthe office 
 > the Insolvent 
 nted, or to the 
 lilted ; and shall 
 
 of the deposit 
 halance in liis 
 stimated value 
 '•oved, dividing 
 "«, the amount 
 fy (^editors of 
 the same, and 
 »« audited by 
 <^'} hy hi,,, i;„. 
 'iuse o,- 
 >etition. 
 
 1869. 
 
 Inaolvent Act. 
 
 Cap. 10. 
 
 19 
 
 grant 
 
 1th fiom tJie 
 the appoint- 
 expiration of 
 Jrvals of n6t 
 ■« and keep 
 tjitements of 
 > estate, and 
 '•state of the 
 
 06. 
 
 ^» 
 
 ff6. All debts diK^ and payable l)y the in.solvcnt at tho time of What olalnn 
 tho excHMititin of a deed of assignment, or at the time of the issue J^Jeiute! "" 
 of a writ <»f utUichment under this At^t, and all chibtH duo but not 
 then actually payable, subject to rebate of interest, Rliall have the 
 right to rank upon the estate of tho insolvent; and any [>erHon 
 then being, as surety or otherwise, liable for any debt of the insol- 
 vent, who subsecpicntly pays sueh debt, shall thereafter stand in 
 the phico of the original creditor, if such creditor has prov(!d his 
 claim on su'h debt ; or if ho has not proved shall bo entitled to 
 prove against and rank upon the estate for such debt, to the same 
 extent and with tho same etl'cct jw such creditor might have done. 
 
 S7. If any creditor of tho insolvent claims upon a contract Case of oon- 
 ilependentupon a condition or contingency, which does not happen ""(fvided for?* 
 ))revious to the declarati«m of the lii-st dividend, a dividend shall 
 be reserved u[)on tho amount of such c<mditional or contingent 
 claim until tho conditi(m or contingency is determined; but if it 
 be made to ai)pear to the Juilge that such reserve will piobably 
 retain tho estate ojien for an undue length of timo, ho may, unless 
 an estimate of the value thereof bo agreed to between tho claimant 
 and the Assignee, order the Assignee to make an award upon the 
 value of such ccjjitingent or conditional claim, and thereupon the 
 Assignee shall make an award :iftcr tho same investigation, anil 
 in the same manner and subject to a similar appeal, as is herein- 
 after provided for the making of awards upon disputed claims and 
 dividend.s, and for appeals from such awards ; and in every such 
 case tho value so established or agreed to shall bo ranked upon a.s 
 a debt payable absolutely. 
 
 •58. In tho preparation of tho dividend sheet duo regard shall Rank and pri- 
 bc had to the rank and privilege of every creditor, which rank .-md JiJ^fg.^p"'"" 
 ]>rivilego, \i])on whatever they may legally bo founded, shall not bo viso as to 
 disturbed by tho i)rovisions of this Act; but no dividend shall be pwditors hold- 
 allotted or i)aid to any creditor holding security fi'om the estate "** *'""" '* 
 of tho insolvent for his claim, until tho amount for which ho shall 
 rank as a creditor on tho estate as to dividends therefrom, shall be 
 established as hereinafter provided ; and such amount shall be the 
 .amount which ho shall bo held to represent in voting at meetings 
 of creditors, and in computing tho proportion of creditors, whenever 
 imder this Act such proportion is required to bo ascertained. 
 
 •19. No lien or privilege upon cither tho personal or- real estate S«'«"'? '^ 
 of tho Insolvent shall be created for the amount of any judgment after appoint- 
 debt, or of the interest thereon, by tho issue or delivery to tho n»o?t «f 
 Sheriff of any writ of execution, or by levying upon or seizing effef°*° ' **'" 
 under such writ, Ithe effects or estate of tho Insolvent, if before tho 
 payment over to tho plahitjff of the moneys actually levied under 
 such writ, the estate of the debtor shaU have been .assigned to an 
 interim Assignee, or shall have been placed in compulsory liquida- 
 tion under this Act ; but this provision shall not affect any lien 
 or privilege acquired before tho passing of this Act or any privilege 
 for costs which the plaintiff possesses under the law of tho Province 
 
 in 
 
Cop. 10. 
 
 Inaolvint Act. 
 
 32-33 Vict. 
 
 I 
 
 in wliich micli writ Nhall liiivo isHUod hy reason of huoIi ishiio, 
 (Iclivory, lovy or Mcizuro. 
 
 An to rrodiioM 00. 11" a cfcditor holds Rccurity from tho Insolvont, «)r from 
 liHi.hng Kc-u- ]iin ,.statt', or if tluMo lu) moro than oiio In.solvcJit liahlo nn part- 
 [•'iii'iui'H. " nors, and tho creditor liolils Rocurity from, or tlio liahility oi one 
 Thoir riRht to (,f thciii, aH Hccurity for a debt of tlio firm, ho hhall H[)ccify tho 
 ^" "' ' *" nature and amount of Nuch Hocurity or liahility in his ehiini, and 
 whall tliorein on hisoatliput a Hpocilied valuo thereon; and tho 
 asHiffneo, under tho authority of tho creditors, may either consent 
 to tho right to rank for hucIi Hahility, or to tho retention of tlio 
 property or effects constituting such Hccurity or on which it 
 attaches, by tl»o creditor, at such specified value, or ho may rc(|uiro 
 from such creditor an lussignmcnt of such liability, or an jwsign- 
 nicnt and delivery of such security, property or cHects, at an 
 advance often per centum upon sui;h H[)e(!ified value, to bo ])aid by 
 him out of the estate so soon as he has realized such security, in 
 which he shall bo bound to tho exerciso of ordinary diligence" ; 
 and in (iither of such cases tho diticrenco between tho value at 
 which tho liability or security is retained or assumed, and tho 
 amount of tho claim of such creditor, shall bo tho aniouut for 
 whi(;h he shall rank and vote as aforesaid ; and if a creditor holds 
 a claim ba.sed upon negotiable instruments upon which tho Insol- 
 vent is oidy indirectly or secondarily liable, and Avhich is not 
 mature or exigible, such creditor shall bo considered to hold secu- 
 rity within tho meaning of this section, and shall jmt a value (m 
 tho liability of tho pa'-*y primarily liable thereon as being his 
 security for til e ]>aymenc thereof ; but after tho maturity of such 
 liability and its non-])ayment ho shall bo entitled to amend his 
 claim antl treat such liability as unsecured. 
 
 Tf thesociirlty 01. liut if the socuHty consists of a mortgage ujion real esUite, 
 »hin.[ng.'^ "'or upon ships or shipping, tho property mortgaged shall only be 
 assigned and delivered to the crtnlitor, subject to all previous 
 mortgages, hyjxithecs and liens thereon, holding rank and ]»ri<)rity 
 before liis claim, and upon his assinning and binding himself to 
 pay all such ja'evious mortgages, hyj)othocs and liens, aud upon 
 liis securing such previous ch.'irges upon the i)roperty mortgaged, 
 in th(( same manner and to the same extent as tho same were 
 jut'viously secured thereon ; and thereafter tho holders of such 
 previous mortgages, hypothecs and liens shall have no further 
 recotnse oi' claim u]H)n tho estate of tho Insolvent ; and if there be 
 moj'tgages, hypothecs, or liens thereon uubsequent to those of 
 such creditor, ho shall only obtjiin the ]»roperty by consent of tho 
 subsfipicntly seciue<l creditors; or upon their fyling their claims 
 spec^ifying their security thereon as of no vahie, or upon l>aying 
 tliem the value by them placed tlieieon ; or u])on giving security 
 to the assignee that the estate shall not be trouliled by reason 
 thereof. 
 
 ^'Th*n"^' f ^^' ^1"*" •''' M<^curcd claim being liled, with a valuation »if tlu; 
 asccuroa security, it shall bo tho duty of the Assignee to procure the autho- 
 claim. ' ' j.jt.y 
 
 18()!l 
 
 rityl 
 
 therl 
 
 credl 
 
 audi 
 
 deci| 
 
 the 
 
 audi 
 
 as I 
 ])er 
 
 I J 
 
32-33 VrcT. 
 
 '>">lvorit, or from 
 It iial.In jw jiftrt- 
 ';lml)ilityof„„o 
 "'•all Hpocify tho 
 » ''IS claim, and 
 licroon; and tho 
 y cithor consent 
 retontion of tJio 
 or on wliich it 
 ■ho may require 
 y. oi' an JWHign- 
 •»• cH(.,;tf,, nt an 
 '«. to l»o paid hy 
 ut;h Hocnrity, i,, 
 '"ii-y diliffcnc. ; 
 ^''» tho value at 
 '""»ed, nnd the 
 J'o amount for 
 «| creditor Jiolds 
 Inch tlio Jn.s()J- 
 ^vJiieh is not 
 '^ to hoI(I .secu- 
 |»nt a vahio on 
 ^ H.S hein/T hi.s 
 itunty of , such 
 t" amend Ida 
 
 '" nml estiitf, 
 Niial] only he 
 all previous 
 'hkI priority 
 «• himself to 
 "«, and uj)on 
 ' '""Jt^'a^ro.j, 
 nana! vvoro 
 
 '*^''"« <»f HUC!h 
 
 ' .'10 further 
 ' if thero ho 
 to tho.so of 
 '^t^nfc of tllo 
 heir clainiH 
 "on j)ayin^r 
 'ff wenrity 
 ''.V reiison 
 
 1869. 
 
 Intolvent Act. 
 
 Cap. 16 
 
 lliink nf Hov- 
 uml ttoms of % 
 croditur'n 
 claim. 
 
 Oiilli of tro- 
 (Utor mny bo 
 rui|uiro(l. 
 
 on nf |,J„, 
 
 I»c autho- 
 l-ity 
 
 rity of tho inspcotorH or of tho crcditorH at their firnt nieotinp; 
 thereafter, to conKcnt to tlio rcttintioii of tlin Keeurity ly tlu! 
 creditor, or to rtMjuiro from him an ft«Hi|^nment and <lelivery thereof; 
 and if any meeting of inspectors or (»f (Teditom tak(!H pbico without 
 <l(!oiflinj^ upon thoconrso to )»e mlopted in reHi)ect oCHtu;)! Hecurity 
 tho AHMijrnee Hhall net in tho prennHCH according to hi.s «1if<crution 
 and without delay. 
 
 6SB. Tho amount duo to a creditor upon each Hcparato item of 
 his claim at tho time of tho execution of a de<!il of a-ssignment, ;»r 
 of tho isHUO of a writ of attachnu^nt, Jui the case may he, and 
 whi(;h Hliall remain duo at tho time of |)rovinj^ .sucli claim, Hhall 
 form ])art of tho amount for wliich ho Hiiall rank upon tho estate 
 of tho inyolvent, imtil HUch item «if claim ho paid in fidl, e.\e(!pt 
 ill cnHc.H of deduction of the proceeds or of tho value of Hcieurity, 
 as hereinbefore provided; hut no claim or part of a claim shall \m 
 permitted to ho ranked upon more than once, whethev tho claim ho 
 to rank ho made hy tho samo person or hy ditforent j)er.sons; and 
 tho Assignee may at any timorecpiiro iVomnny creditor a supple- 
 mentary oath declaring what Minount, if any, such ereditor ha,s 
 received in payment of any item of tlte deht n]Mm whieh his 
 claim is founded, Hubsecpient to the making of such claim, together 
 with the particularH of sucli payment ; aiul if any creditor refuses 
 to produce or nuike such oath before tho Assignee within a ivason- 
 ai»Ie time after lie h.xs been recpiirod so to do, he shall not bo 
 collocated in tho dividend sheet. 
 
 <JJ. If tho insolvent owes debts both individually and as a 
 member of a co-partnershii), or as a nuniibcr of two ditt'eient 
 co-partnerships, tho claims against hiui shall rank first uprai tho 
 estate by which tho debts they represent were contracted, and 
 shall only rank u|)oii tho other after all the creditors of that other 
 hitvo bee. I i)aid in full. 
 
 iW. Tho creditt)rs, or tho same proportion of them that m;iy AHowneet" 
 grant a discharge to the del)tor under this Act, may allot to tho made, .ic! 
 insolvent, by way ofa,lU)wanco, any sumof money, or any ])ropeity 
 they nifiy think profx^r ; and the allowance so made shall bo 
 in.serted in the dividend sheet, and shall be .subject to contestation 
 like, any other item of collocation therein, but only on the ground 
 of fraud or deceit in })rocuring it, or of tho absence of consent by 
 a Hullieiont proportion of tho creditors. 
 
 410. No costs incuiTed in suits against tho insolvent after duo As to coMs in 
 notice of an assignment, or of the issue of a wnt of attachment in insolvent?*' 
 compulsory liquidation has been given sureording to tho provisions 
 of this Act, shall rank upon the estate of tho insolvent ; Init all 
 tho taxable costs incurred in proceedings against him up to that 
 time shall bo added to tho demand, for the recovery of which such 
 proceedings were instituted ; and shall nink upon the estate as if 
 they formed jiart of the original debt. ^ 
 
 07. 
 
 Insolvent 
 owinj; debts at 
 inonibers of 
 CO purtnorsbip 
 
Privilege of 
 olorks, etc., 
 for wages. 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 Notice of 
 (livitlend 
 ehoeti, nnd 
 imyinont. 
 
 Dobts of in- 
 tidlvont for 
 wbich claims 
 lite uut filed. 
 
 Claims ob- 
 jected to, how 
 dotorminod. 
 
 Nolico lo be 
 given of 
 (ibjoctions. 
 Awtrd, bow 
 made. 
 
 &7. Clerks and other persons in tho employ of the insolvent 
 in and .ibout his business or trade shall be collocated in the divi- 
 dend sheet by special privilege for any arreai-s of salary or wages 
 due and unpaid to them at the time of tho execution of a deed 
 of assiyiiuient or of tho issue of a writ of attachment under this 
 Act, not exceeding four months of such arrears; but such 
 privileged amou)it nay bo increased by order of tho creditors. 
 
 OS. So soon as a dividend sheet is i)reparod, notice thereof 
 (Form M) shall bo given by julvertisement, and after tho expiry 
 of one judicial day from the day of tho last publication of such 
 advertisement, all dividends which have not been objected to 
 within that period shall bo paid. 
 
 <J0. If it appears to tho ar..iignco on his examination of tho books 
 of the Insolvent, or otherwise, that the Insolvent has creditors who 
 have not taken tho proceedings requisite to entitle them to be 
 collocated, it shall be his duty to reserve dividends for such cre- 
 ditors according to the nat ire of the claims, and to notify theni of 
 such reserve, which notification may be by letter through the post, 
 addressed to such creditors' residence as nearly sis tho same can be 
 ascertained by the Assignee ; and if such creditors do not file their 
 claims and a})})ly for such dividends previous to the declaration of 
 the last dividend of the estate, the dividends reserved for them 
 shall form part of such last dividend. • 
 
 70. If any claim bo objected to at any time, or if any dividend 
 he objected to within the said period of one day, and any dispute 
 ai'ises between the creditors of the Insolvent, or between him and 
 any creditor, as to the amount of the claim of any creditor, or as 
 to the ranking or privilege of the claim of any creditor upon such 
 dividend sheet, tho Assignee shall proceed thereon as hereinafter 
 provided shall hear and examine the parties and tlieir witnesses 
 under oath (which oath the Assignee is hereby empowered to 
 jidminister), shall take clear notes in writing of the parol evidence 
 adduced before him, shall examine and verify the statements sub- 
 mit-ted to him, by tho books and accounts of the' Insolvent, .and by 
 such evidence, vouchers and statements as may be furnished to 
 him, and shall make an award in the pi'emises, and as to tho costs 
 of such contestation, which award shall be deposited in the Court, 
 and shall bo final, unle!-s appealed from within three days from 
 tho date of its communication to the parties to the dispute. 
 
 71. The Assignee shall not receive or notice any objection to 
 any claim, dividend or collocation, imlcss such objection shall be 
 filed before him in writing, stating distlnctl_y the grounds of such 
 objection, together with evidence of the previous service of a copy 
 thereof on the claimant ; ai^d tho claimant shall have three days 
 thereafter to answer tho same, which time, however, may bo 
 enlarged by the Assignee, Avith a, like delay to the contestant to 
 rei)ly; nnd upon the completion of an issue upon such objection 
 the Assignee shall fix a day for proceeding to take evidence thereon, 
 
 antl 
 
 186| 
 
 anc 
 
 shal 
 
 pre] 
 
 una 
 As^ 
 whl 
 cat| 
 
 at 
 
 in 
 
 tor 
 
 of^ 
 
 api 
 
 nol 
 
 aui 
 
 ani 
 
 orq 
 
 1 
 1 
 
 ■fm 
 
 jUJ 
 
32-33 Vict. • 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 23 
 
 >y of tho insolvent 
 ocated in tlio divi- 
 ot salary or w.iges 
 -ecution of a deed 
 'Jiment under this 
 'Tears; but such 
 the creditors. 
 
 'I notice thereof 
 after the exj.iry 
 blication oi such 
 been objected to 
 
 tion of the books 
 >a.s creditors wJio 
 titio them to be 
 f's tor such cre- 
 « notify them of 
 Jj-ough tJie post, 
 the same can be 
 do not file tl,eir 
 c declaration of 
 ^rved for them 
 • 
 
 if any dividend 
 nd any dispute 
 tween him and 
 creditoi-, or as 
 
 •tor upon such 
 as horeinaiter 
 heir witnesses 
 mpowered to 
 Jarol evidence 
 itements sub- 
 Jvent, and by 
 fuinished to 
 ? to the costs 
 'n the Court 
 D days from' 
 pute. 
 
 objection to 
 on shall be 
 
 ndsofsuch 
 e of a copy 
 three days 
 r, may bo 
 itestant to 
 objection 
 'c thereon, 
 and 
 
 and shall thereafter proceed therewith from day to day, unless he 
 shall otherwise order, until tho making of his award in the 
 premises. 
 
 13. It shall be the duty of the inspectors and of the Assignee TnBpectora 
 imder their direction to examine tho claims filed before the ^^testaUon 
 Assignee, and to obtain information as to their coiTectness, and of claims, 
 when they consider it exi)edient that any claim, dividend or collo- 
 cation be contested, they may oi'der the contestation thereof 
 at the expense of the estate ; and such contestation may bo made 
 in their names or in the names of any creditor consenting thereto. 
 
 73. The award of the assignee as to costs may be made execu- As to costs 
 tory by execution in the same manner as an ordinary judgment aT^^dco. ^ 
 of the Court, by means of an order of the Judge, obtained upon tho 
 application of the party to whom costs are awarded, made after 
 
 notice to the opposite party ; and the creditors may by resolution 
 authorize and direct the costs of the contestation of any claim or 
 any dividend to be paid out of the estate, and may make such 
 order either before, pending or after any such contestation. 
 
 74. If, at the time of the issue of a Writ of Attachment, or if there bo 
 the execution of a Deed of Assignment, any immoveable property gojiure a"" " 
 or real estate of the Insolvent be under seizure, or in process of commence- 
 .sale, under any writ of execution or other order of any competent ™od*„gl.''^''' 
 Court, such sale shall be proceeded witli by the officer charged 
 
 with the same, unless stayed by order of the Judge u|)on applica- 
 tion by tho guardian, interim Assignee or Assignee, upon special 
 cause shewn, and after notice to the plaintift" ; reserving to the 
 party ])rosecuting the sale his privileged claim on the proceeds . 
 of any .subsequent sale, for such cosis as he would have been enti- 
 tled to be paid by privilege out of tho i)roceeds of the t^.ile of such 
 projjerty, if made under such writ or order ; but if such sale be 
 proceeded with, the moneys levied therefrom shall be paid over 
 to the Assignee for distribution, according to the rank and priority 
 of the claimants thereon, and the officer charged with the execu- 
 tion shall make his return of such moneys to the Assignee and pny 
 them over to him, and his i-eturn to the Court from which thi 
 writ issued, declaring that he has done so, shall be a valid and 
 sufficient return upon such writ in so far as regards tlie moneys so 
 [taid over. 
 
 75. All dividends remaining unclaimed at the time of the dis- Dividends un- 
 charge of the Assignee shall be left in the baidc where tlicy are £lTStb.*"' 
 deposited, for three years, and if still unclaimed, shall then be paid 
 
 over by such bank with tho interest accrued thereon, to the 
 Government of Canada, and if afterwards duly clanned sliall be 
 paid over to the peraons entitled thereto, with interest at tho rate 
 of four per centum per annum from the time of tho vccejitiou 
 thereof by the Ooveriinieut. 
 
 7« 
 
 ^ 
 
•**w 
 
 li 
 
 24 
 
 I- 1 
 rl 
 
 
 lialuuco pay- 
 ulile to ingol- 
 voiit. 
 
 Leaao more 
 Tuluablu tbiin 
 the rent to bo 
 sold : and 
 subject to 
 what cou- 
 ditiun.s. 
 
 Cap. 10, 
 
 other caseB of 
 lease, how 
 dealt with. 
 
 Insolvent Act 
 
 82-33 Vict. 
 
 I 
 
 IC If any balaiico remains of the estate of the Insolvent, or of 
 the ]>roceeds thereof, after the payment in full of all debts due by 
 the Insolvent, such balance shall bo paid over to the Insolvent 
 u])on his petition to that effect, duly notified to the creditors by 
 advertisement and granted by the Judge. 
 
 OF LEASES. 
 
 77. If the Insolvent holds under a lejise, property having a value 
 above .ind beyond the amount of any rent payable under such 
 lease, the Assignee shall make arepoi't thereon to the Judge, con- 
 taining his estimate of the value of tho estate of the leased jiro- 
 perty in excess of the rent ; and thereupon the Judge may order 
 the rights of the Insolvent in such leased promises to bo sold, after 
 such notice of such sale as he shall see fit to order ; and at the 
 time and place appointed such lease shall bo sold, upon such con- 
 ditions, as to the giving of security to the lessor, as the Judge may 
 order ; arid such sale shall bo so made subject to the payment of 
 the rent and to all the covenants and conditions contained in the 
 lease, and all such ct)venants and conditions shall be binding upon 
 tho lessor and upon the purchaser, as if the purchaser had been 
 himself lessee and a party with tho lessor to the lea.se. 
 
 78. If the Insolvent holds under a lease extending beyond the 
 year current under its terms at the time of his insolvency, })ro- 
 perty which is not subject to the provisions of tho Last preceding 
 section, or respecting which the Judge does not make an order of 
 sale, JUS therein ])rovided, or which is not sold under such order, 
 the creditors sliall decide at any meeting which may be held more 
 than one month before the termination of the yearly term (;f the 
 lease current at the time of such meeting, whether the |)roperty 
 so loiised should be retained for the use of the estate, only u{) to 
 the end of the then current yearly term, or, if the conditions of 
 the lease permit of further extension, also \ip to tho end of the 
 next following yearly term thereof, and their decision shall be 
 final. 
 
 18G£ 
 
 Hhe 
 of tl 
 thi^ 
 mi 1 
 
 entel 
 tinall 
 the 
 
 8l 
 viiicl 
 the 
 to 111 
 AttiJ 
 long! 
 
 hi ■ ; i 
 
 If the 'essor 79. From and after the time fixed for the retention of the lefised 
 aKcrf)r'ro"' pi'^ptirty for the use of tho estate, the leivso shall be cancelled and 
 ceiving any shall from thcuceforth be inoperative and null ; and so soon as the 
 bef<!ro tho end ^'c^^^'^tion of the Creditors as to such retention ha« been passed, 
 of tho l«a.sc. «iich resolution shall be notified to tho lessor, and if he contends 
 that ho will sustiiin any damage by tho termination of the lease 
 under such decision, he may make a claim for such damage, speci- 
 fying the amounu thereof under oath, in tho same manner as in* 
 ordinary claims upon the ostato, and tho Assignee shall proceed 
 forthwith to make an aAvard upcm such claim, in the same manner, 
 and after similai investigation and Aviih tho same right of appeal, 
 as is herein provided for in case of claims or dividends objected to. 
 
 How such ^o j,j making such claim, and in any award thereupon, the 
 
 beestiiuntod. Hicasure of danuigcs shall be the difterencf> between tho valuo of 
 
 the 
 
 'W 
 
 HW^MhN 
 
32-33 Vict. 
 
 ho Insolvent, or of 
 of all debts due by 
 r to the Insolvent 
 o the creditors by 
 
 fty having a value 
 able under such 
 ;0 the Judge, con- 
 the leased jiro- 
 Judge may order 
 s to be sold, after 
 der; and at the 
 , upon such con- 
 s the Judge may 
 > the payment of 
 contained in the 
 be binding upon 
 Jhaserhad been 
 3ase. 
 
 ling beyond the 
 njsolvency, pro- 
 3 last preceding 
 ako an onJei- of 
 ler such order, 
 ■y be hold more 
 'iy term c.f the 
 r the jn-operty 
 ate, only up to 
 ' conditions of 
 ho end of the 
 cision shall be 
 
 n of the lejwed 
 cancelled and 
 so soon as the 
 [ heen passed, 
 he contends 
 n of the lease 
 amago, H])eci- 
 inaunor as in* 
 >'hall proceed 
 lame manner, 
 rht of appeal,' 
 i objected to. 
 
 oreupon, the 
 
 the value of 
 
 the 
 
 18G9. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 25 
 
 the premises leased when the lease terminates under the resolution 
 of the creditors, and the rent which the Insolvent had agreed by 
 the leiise to itay duiing its (continuance ; and the chance of lead- 
 ing or not h,';using the piumises again, for a like rent, shall not 
 enter into the ci)m})utati()ii of such damages; and if damages are 
 finally awarded to the lessor he shall rank for the amount upon 
 the estate as an ordinary creditor. 
 
 81. The prefej-ential lien of the landlord for i*ent in the Pi'o- Proferentiai 
 vinces of Ontario, New Brunswick or Nova Scotia is restricted to |'^|^,j"',"j 
 the arrears of iviit due during the period of one year last previous iiuiiiej. 
 
 to the execution of a deed of a.ssignment, or the issue of a Writ of 
 Attachment under this Act, as the case may be, and from thence so 
 long as the Assignee shall retain the premises leased. 
 
 OF APPE/L. 
 
 82. There fehall be an api)eal to the Judge from the award Appeal to the 
 , of an Assignee made luider this Act, which Appeal shall be by ^^^^^^,1 'Jj"" 
 
 summary application, of which notice shall be given to the assignee, and 
 opposite party and to the Assignee, within three days from the ^^ngggugn^" 
 day on which the award is notified to the j)arty complaining of up.)ii it. 
 it, and which shall be presented forthwith after the expiration of 
 the delay required for notice of presentation ; and the Assignee 
 shall attend before the Judge at the time and place indicated in 
 such notice, and shall produce before him all evidence, notes of 
 evidence, books, or proved extracts from books, documents, vou- 
 chei-s, and papers having reference to the matter in dispute ; and 
 thereupon the Judge may confirm such award, or modify it, or 
 refer it back to the Assignee for the taking of evidence, by such 
 order as will satisfy the ends of justice ; and, pending any appeal, 
 ■ the Assignee shall resen'e a dividend equal to the amount of the 
 dividend claimed. 
 
 89. If any of the parties to any appeal, contestation, matter or Appeal from 
 thing upon Avhich a Judge has made any final order or judgment °'''*"'^ "' ■'"''^® 
 are dissatisfied with such order or judgment, they may in the 
 Province of Quebec mov^e to revise the same or any appeal there- 
 from in like mannei* as from any final judgment, of the Superior 
 Court, to the Court of Queen's Bench on the appeal side thereof; 
 in the Province of Ontario they may appeal therefrom to either of 
 the Superior Courts of Common Law or to the Court of Chancerj , 
 or to any one of the Judges of the said Courts ; in the Province of 
 New Brunswick to the Supreme Court of New Brunswick or to 
 any one of the Judges of the said Court ; and in the Province of 
 Nova Scotia to the Supreme Court of Nova Scotia or to any one 
 of tlie Judges of the said Coui't ; but any appeal to a single Judge judge may 
 in the Provinces of Ontario, New Brunswick or Nova Scotia "^eier it to the 
 may, in his discretion, be referred on a special case to be settled, 
 to the full Court, and on such terms in the mean time as he may 
 think necessary and just. 
 
 4 84. 
 
 full Court. 
 
26 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-83 Vict. 
 
 Conditions of 
 appeal. 
 
 Security. 
 
 84. Such appeal sh»U not be permitted, unless within five days 
 from the day on which the order, or judgment is rendered, or on 
 which, in the Province of Quebec the delay for moving to revise 
 the same expires, if no motion in revision be made, the party 
 desiiing to appeal causes to bo served upon the opposite party 
 and upon the Assignee, an ajjplication in appeal, setting forth the 
 proceeding before the Judge, and his decision thereon, and praying 
 for its revision, with a notice of the day on which such application 
 is to be presented, and also within the said period of five days 
 causes security to be given before the Judge by two sufticient 
 sureties, that he Avill duly prosecute such appeal, and pay all costs 
 incurred by reason thereof by the respondent. 
 
 Coats on ap- 
 pellant not 
 proceeding 
 according to 
 his petition. 
 
 8tl. If the party appellant does not present his application on 
 the day fixed for that purpose, the Court or Judge selected to 
 be appealed to, as the case may be, shall order the record to be 
 returned to the person or officer entitled to the custody thereof, 
 and the party respondent may, on the following or any other day 
 during the sanje tarm, produce before tlie Court, or within six days 
 thereafter before the Judge, the copy of application served upon 
 him, and obtain costs thereon against the appellant. 
 
 OP FRAUDS AND FRAUDULENT PREFERENCES. 
 
 i 
 
 ,1! 
 
 Qratuitous 86. All gratuitous contraci,s or conveyances, or contracts or 
 
 madTwUhin Conveyance without consideration, or with n merely nominal con- 
 three months sideratiou, respecting either real or pt^vsonal estate made by a 
 "^ lu*'*'d*"'''' ^^®^^'^'' aftei-wards becoming an Im< «lvent with oi* to any persoix 
 fraudulent and whomsoever, whether such iterson bo his creditor or not, within 
 void. three months next jireceding the date of the Assignment, or of 
 
 the issue of the Writ of Attachment in compulsory liquidation, 
 and all contracts by wliich creditors are injured, obs'ructed. or 
 delayed, made by a debtor unable to meet his engagemeui/.^, and 
 afterwards becoming an Insolvent, with a ])erson knowing such 
 inability or having probable cau.se lor believing such inability to 
 exist, or .after such inal)ility is |»ulilic and notorious, whether such 
 person be his creditor or not, are jtvesiuued to l»e made with intent 
 to defraud his creditors. 
 
 Certain others 87. A Contract or (conveyance for consideration, respecting 
 voidable. either real or personal estate, by wh'ch creditors are inj-ned or 
 obsti'ucted, made by a debtor unable to meet his cgagements 
 with a person ignorant (jf such inaldlity, whether such person 
 be his creditor or not, and belbrc! such inaliility has become jmblic 
 and notorious, but within thirty days next before the execution 
 of a deed of assignment or oi' tlie issue of a Writ of Attachment 
 under this Act, is voidable, and may be set aside by any Court of 
 competent jurisdiction, upon such terms as to the protection of 
 such person from actual oss or liability by reason of sueli con- 
 tract, as ithe Court may^order. 
 
 88. 
 
 i 
 
 
32-83 Vjct. 
 
 ss within five days 
 w rendered, or6n 
 •1- moving to revise 
 made, the party 
 tl'e opposite partV 
 J, .setting forth the 
 eiieon.andprayiiir, 
 
 ^h such application 
 enod of live days 
 by two .sufficient 
 *^nd pay all costs 
 
 "s application on 
 "dge selected to 
 the record to be 
 custody thereof, 
 or any other day 
 '; within six days 
 ion served upon 
 it. 
 
 or contracts or 
 y nominal con- 
 ifto made by a 
 ' to any person 
 pi" »ot, within 
 Jgnment, or of 
 O; liquidation, 
 obstructed, or 
 :agemeiiL,., and 
 Knowing sucli 
 'h inability to 
 wliether sucli 
 Iti with intent 
 
 *> respecting 
 '« in.i'ued or 
 engagements 
 «"^'h l)ersoii 
 j'wme public 
 ''« execution 
 AttacJiaitnt 
 "jy Court of 
 rotection ol" 
 f such con- 
 
 1869. 
 
 Insolvent Act 
 
 Cap. 16. 
 
 2/ 
 
 88. All contracts, or conveyances made and acts done by a *".''°''^.?*'* 
 debtor, respecting either real or personal estate, with intent frau- " toutTo im- 
 dulently to impede, obstruct or delay his creditors in their remedies pede or 
 against him, or with intent to defraud his creditors, or any of them, for"wUh the'" 
 and so made, done and intended with the knowledge of the pei'son knowledge of 
 contracting or actmg with the debtor, whether such person be his PYoUn °°to be 
 creditor or not, and -vvhich have the effect of impeding, obstruct- void, 
 ing, or delaying the creditors of their remedies, or of injuring 
 them or any of them, are prohibited and are null and void, not- 
 withstiinding tliat such contracts, conveyances, or acts be in con- 
 ttideration, or in contemplation of marriage. 
 
 89. If any sale, deposit, pledge, or transfer be made of any 
 property real or jiei-sonal by any person in contemplation of 
 insolvency, ly way of security for ]>aynient to any creditor, or 
 if any property leal or ])crsonal, moveable or immoveable, goods, 
 effects, or valuable security, be given by way of payment by such 
 person to any creditor, whereby such creditor obtains or will 
 obtain an imjust })i'cierencc over the other creditors, such sale, 
 deposit, pledge, transfer, or payment shall be null and void, and 
 the subject thereof may lie recovered back for the bent !it of the 
 estate by the Assignee, in any Court of competent jurisdiction ; 
 and if the same be made within thirty days next before the 
 execution of a deed of assignment, or the issue of a Writ of Attach- 
 ment under this Act, it shall be presumed to have been so made 
 in contemplation of insolvency. 
 
 Fraudulent 
 preferential 
 salog, &o., to 
 be void. 
 
 And presumed 
 fraudulent, if 
 made within a 
 certain time 
 before assign- 
 ment, Ac. 
 
 OO. Every payment made within thirty days next before the Payments 
 execution of a deed of assignment, or the issue of a Writ of "yfai" "f "-'• 
 Attachment under this Act, by a debtor unable to meet his cumstances 
 engagements in full, to a person knowing such inability, or having J^y " i|fi>t"'" '» 
 pi'obal)le cause for believing the same to exist, is void, and the 
 amount paiil may be recovered back by suit in any competent 
 ( 'ourt, for the benefit of the estate ; Provided always that if any 
 valuable security be given up in consideration of such payment, 
 such security or the v.ihie thereof, shall be restored to the creditor 
 l)efore the return of such payment can be demanded. 
 
 91. Any transfer of a debt due by the Insolvent, made within Transfers of 
 thirty days nextin-evious to the execution of a deed of assigrunent ,,oivont within 
 or the issue of a Writ of Attachment under this Act, or at any thirty d».vs of 
 time afterwjtrds, to a debtor knowing or having |)fobal)le cause for {',I^h|j'i'eVi°o"r? 
 believing the Insolvent to be unable to meet his engagements, t, tenable th»in 
 or ii; contemi)lation of his insolvency, for the purpose of enabling to set-off, void, 
 the delttor to set up ly Avay of com|)ensation or set-oil' the debt 
 so transfeiTcd, is null and void as regards the estate of the Insol- 
 vent ; and the (lel)t due to the estate of ilie Insolvent shall not 
 be compensated or allected in ;iny manner by a claim so a(;(|uired ; 
 but the ])uichas('r thereof may rank on the estate in the place and 
 Htead of the original creditor. '- - 
 
 88. 
 
 93. 
 
ZB 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 Purchasing 09 • 
 
 Roods on "'*■ Any person wh^ 
 
 «'^«<iit, Ac, by Jwlvances in Tnnn«« t P"^chascs ffoods on r.,.«^* 
 
 I'orepn k„ow/ to m«n* i,:„ .'"''''^>'' knowing o,- v^^il-.-^l/i". ^^^.'^'t Or procures 
 
 ffoodson •^'•- Any person wh^ '^^^i. 
 
 «'^«<iit, Ac, by Jwlvances in Tnnn«« t P"^chascs ffoods on r.,.«^* 
 
 u«%, thereby becor.i;:jr"S-e5L'> '''^?f ^'"^^ ^^o rcl'm the r'^^ 
 person, or who hv «« , l^^^""' ^^^^'i the intent f 'Ti^'^P^^^"" 
 
 Stt-,, theism 'i,'3;ji;r^.3£ -=^'i^e"Si;:; 51 ™* 
 
 8h- person, or whn 1>^ t;^editor, Avith the int^n*/ V „ '^ P^^'son 
 
 how punish 
 able. 
 
 If by a firm. 
 
 Provifo. 
 
 Fraud must 
 be proved. 
 
 Award of im- 
 prisonment. 
 
 person, or who }? ' fl^'^^' ^vitJi the ntenf. , .^^'^ P«^««" 
 
 intent to defraud fh! "^ ^^°^«' wares or inlrnh *^^.P"ce or 
 ^^ho shall not «ft. ^f '°^ thereby becom? L v ^''"'^'^«' ^^th 
 shall Kid f r^'^f ^^^^PHid^eTeK^^^^^ ^^ 
 
 in^prisonnTentforsucfjf'^ '^^.^ ^-"d, a^^ ' £1.'" TuT ^^' 
 t,7 years. unJes the J ^ ^' ^'^^ ^^"^ "^^7 ortr not ev '^^.' ^"^ 
 . ; ebt or debts be incun-e, 1>v' "''t ^' ''^^^^ pS and Jf^'^^T 
 thereof who sh-ill 1,„, i ^ » Partnershin t},pn ' " ®"ch 
 
 tion to incur supb Tit ^^^^^" «^" the incSni " f T->^. "'ember 
 
 -^ways, tS r ti j'/uiT ot''^' ^^'^^" ^s; if.bL -t ^"•^- 
 
 «uch debt or debts tl,!,r P^'oceeding taken /i^.*?' P^'^^^^ed 
 '^e declared ^h^'3l ^^^f^dmi be charged with ^^Vf^'J^ ^*' 
 -it or proceedit^'^*^ ""' '' '^ *^« j'^m^ l^tret^^^^ 
 
 ^BSi^S^ ^^— cl plead, 
 
 verdict rendeiwl "* "'" P^'^f'eedin^rshil ." ^r''^,*M"'y,the 
 -rdict is'S ^^S"^^A "-„ <^«^enchuft l^rf ^S ^^^9^ the 
 
 Proviso, 
 
 «"^h proportion Sr^ '^"t^^^'^ *" he -^ t f in* "'^'"! ^*^" ^'^« 
 ,iemainderofhis crerH; '''^'' "'« «an,e effect w^i ''^''^rtaining 
 hin» and upon them'^''^''':V^nd he bindingto thl"' "'^"^ ^'^ the 
 a deed ma/ be irm,V!V* ^'l^^ ^«'-« al"5 pa.^^TV'-^^^^t upon 
 niade either before t^^""^ '"^^'t^d upon .£?) •" \^ ' ^'"^' «"^'h 
 ment, or for tho '/'''^\"^ «r after proc3n„ ' '^''' ^^"'""^'h 
 i^^«oJvent;the whoir^f"^^^"'^ ^iquicE^cH "^"" ^'" ^'^'^^'^n- 
 - hund.d^^/S'^^^^ct to th? e^S^^^^^S^: ::t^'^ 
 
 ^-rm and o,^ c* , ^^ 
 
 P'"ti.,Ji^ on credit; and the 
 l"iytnent 
 
32-33 Vict. 
 
 \ credit or procures 
 •mse^ftob/unab?: 
 act from the person 
 «Uo defraud 8uoh 
 1 term of credit for 
 . or of the price or 
 •'nerchandize, with 
 :J'^ creditor, and 
 'debts so incun-ed 
 ^h«« be liable to 
 der, not exceedinrr 
 ''"d ; and if sucfl 
 -^ every member 
 «nd of the inten- 
 
 >^ liable; provided 
 '!• the recovery of 
 1 such fraud, and 
 tendered in such 
 
 Ppear and plead 
 prove the fraud 
 
 oioreajury.the 
 lately after the 
 
 fiaud, (ifsuch 
 Mediately upon 
 %e the teim of 
 
 ; and he, shall 
 ^b- to be taken 
 iuch judgment 
 n thereof; or of 
 
 euted by tho 
 nsolvent who 
 ' dollars and 
 vahie of the 
 ascertainiiitr 
 'A'ai-d to the 
 extent uj)on 
 ' j and such 
 et although 
 t an iussign- 
 Uite of the 
 d in section 
 
 1869 
 
 Imolvent Act. 
 
 Cap. 16. 
 
 29 
 
 'e so made 
 
 'ash, or on 
 
 it; and tho 
 
 I'ayinent 
 
 payment of such composition may be e •cured or not according to 
 the pleasure of the creditors signing it ; and the discharge therein 
 contained may bo absolute, or may be conditional upon the condi- 
 tion of the composition being paid ; and such deed may contain 
 instructions to the Assignee as to the manner in which he is to 
 proceed, and to deal with the estate and effects of the Insolvent, 
 subsequent to the deposit of such deed with him, which instruc- 
 tions shall be obeyed by the Assignee ; but if such discharge be if it be oondi- 
 conditional upon the composition being paid, and the deed of t'o">ai "po"; 
 composition and discharge therein contained should cease to have Jbe oomposi- 
 eflect, tho Assignee shall immediately resume possession of the tion. 
 entire estate and effects of the Insolvent in the state and condition 
 in which they shall then be ; but the creditors holding claims 
 which were proveable before tho execution of such deed shall not 
 rank, vote or be computed as creditors concuirently with those 
 who have acquired claims subsequent to the execution thereof 
 for any greater sum than the balance of composition remaining 
 unpaid ; but after such subsequent creditors shall have received 
 dividends to the amount of their claims, then such original credi- 
 tors shall have the right io rank for the entire balance of their 
 original claims then remaining unpaid, and shall be computed for 
 all piu'poses for which the propoitions of creditoi\s require to be 
 ascertained, as creditors for the full amount of such last mentioned 
 balance. 
 
 90. The I'o-conveyance by the Assignee to the Insolvent, or 
 to any person for him of any part of his estate or effects, whether 
 real or personal, if made in conformity with the terms of a deed 
 of composition and dischai'ge shall have the same effect ^except 
 as the same may be otheiwise agreed by tho conditions of such 
 deed or re-conveyance), as if such property had been sold by the 
 Assignee in the ordinary course, and after all tho preliminary 
 proceedings, notices and formalities herein required for such sale ; 
 and if such deed of composition and discharge be contested, and 
 ])ending such contestation, any payment or insttilment of the 
 composition falls due under the terms of such deed, the payment 
 thereof shall be postponed till after the expiration of ten days 
 after final judgment upon such contestation; and if proceedings 
 for revision or appeal be commenced, then until after the expira- 
 tion of ten days after the judgment m revision or in appeal, as 
 the case may be, and tho deed of re -conveyance need not contain 
 any further or moT'o special description of the effects and property 
 r^conveyed than is required to be inserted in the deed of assign- 
 ment, and may bo enregistercd in like manner and with like 
 effect. 
 
 97. If the Insolvent procures and deposits with the Assignee p„,y o,„g. 
 a deed of conijwsition and discharge, duly executed as aforesaid, fignee rcceiv- 
 the Assignee shall immediately give notice of such deposit by e"^u"„;g-t7on.' 
 advertisement; and if opjjosition to such composition and dis- 
 charge bo not made by a creditor, within three jin-idical days after 
 tho last publication of such notice, by filing with tho Assignee 
 
 Deed of re- 
 conveyance hy 
 asBigneo to * 
 Insolvent. 
 It« eiTuot. 
 
 If il he con- 
 tested, and a 
 payment of 
 conipositioa 
 during the 
 contestation. 
 Form and 
 registrHtioD 
 ol deeds. 
 
.30 
 
 ^ap. 16. 
 
 Jhaolveni Act. 
 
 Effect of con- 
 
 I declaration in writinr. ,u . . ' ^'"^^ ^'^T. 
 
 thereto w thin tlm 1 •? **^ ^^ terms ; hut if ^ • . ""'PO'S ti„„ 
 
 t":'"'~-=-=&w^^^^^^^^^ 
 
 "ont of proper . '^^ -^^e conspnf ;,, •, • 
 
 "'■If "Kaimt lii/cS-^^i ■'P'«'') -'"'■"ins S ,/f ?*f" »'"■!' •'« 
 
 ^« to holders r\ ".f.'&"^Je or not at if '"^ *° <^^'« A««i^^ee .^ r'/^PP^'-^'- ^^ ""v 
 '" ne^o.iS J'^'biiit^. for them t • *?" ^f ^"'^ iM.K>fvfn '";''■ '^<^^<^^hU. 
 
 ""on not (0 consonterl . V ^^° Without coninnw.'t: 
 
 ""Sotiablo ,C,. 0° f"»"'>''">t, either „f ;, ! 1° *" »"<-li oiclit,:,' 
 
 f tae,- or UE' " "lS;?Wntor, surety „''X,''''' " '«'■ " 
 
 
 V -Y'^-' fH conrt, or ... „ , '//."""'^tivator „M,lf.r , -V,"*''' tutor, 
 
 'i.'tve 
 
J^^ 
 
 32-33 Vict. A 
 
 1 f'«ed oi compositi,),, 
 
 •'■ovided. 
 
 ml dKschargc. hi., 
 •«f n put in oompui: 
 
 n^t umandprove- 
 
 '^f '''^t of eredito,;, 
 ;"K^.. '"Hi in turn 
 ^, '""^"g the .san.o 
 >^'' appear by .,„y 
 ''^";er such dehts 
 ;'»' ^vhethor tJ,e 
 
 ''V" !''er of «,;'; 
 
 <;''« iiuseitioji oi- 
 , fffiurs or .sup. 
 
 " 'J'^J- tJ.ereof is 
 
 . '*y «'ich papoj- 
 
 '« .section. 
 
 « Act, wJiotliei- 
 ito aj.y ehano-e 
 «"fli cre(h't' 
 **■ oiidorxei 
 
 r;/""' of any 
 r"^' the iu.s„|- 
 L'ct any niort, 
 ■"^"t']! creditoi- 
 
 .^^''t/i(nit the 
 '"^^ tJjo j.ay- 
 "^■'""■ttci hy 
 idt or wijfiij 
 •'ous ,.„,.o.sfc, 
 '^'^ '^ poiiaity 
 ctcd, un/ ■ 
 Ji ari] 
 
 ^'"0 a.s ;,, 
 i"w^ tutor 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 31 
 
 oj- 
 of 
 
 less 
 
 ''.y.siich 
 
 '' ">■ luider 
 ^ '•> wJiich 
 P'i\'i/ei»'eii 
 'pi'tainin^ 
 insolvent 
 'lave 
 
 have voted upon, done, or consented to any act, matter or thing 
 under this Act; but the creditor of any debt due as a balance of 
 jmcount by the insolvent jus assignee,, tutor, curator, trustee, exe- 
 <ntor, administrator or public ofticer may claim and accept a divi- 
 ■dend thereon from the estate without l»eing, by reason thereof in 
 any respect aHected by any discharge obtained by the insolvent. 
 
 101. An insolvent -who has procured a consent to his discharge Conflrmatlun 
 or. the execution of a deed of composition and discharge, within a!idon''wu"t' 
 the meaning of this Act, may file in the office of the court the conditions it 
 consent or deed of composition and discharge, and may then give »'"'"*'» 
 notice (Form N.) of the same being so fded, and of his intention ^"'° 
 ,;* to apply by petiticm to the Court in the Provincts of Quebec or 
 ? Nova Scotia, or in the Provinces of Ontario or New Brunswick 
 I to the Judge, on a day named in such notice (which however shall 
 I not be befnre the diiy on which a dividend may be declared under 
 I this Act), for a confirmation of the discharge eflected thereby ; and 
 such notice shall be given by advertisement in the official O-azette 
 I'or one month, and also for the same period, if the application is 
 to be made in the Province of Ontario, New Bninswick or Nova 
 Scotia, in one newspaper, and if in the Province of Quebec, in one 
 newspaper published in French, and in one newspaper published 
 in English, in or nearest the place of residence of the insolvent ; 
 and upon such application, any creditor of the insolvent or his creditor.' or 
 Assignee under the authority of the creditoi-s, may appear and Asaignecsi 
 oppose such conlirmation, either upon the gi'ound ot fraud or JJJf^j.^tTir* 
 fraudulent j^i'Ciference Avithin the meaning of this Act, or of iraud grounds, 
 or evil practice in i>rocuring the consent of the creditors to the 
 discharge, or their execution of the deed of composition and dis- 
 charge, as the case may be, or of the insufficiency in nmnber or 
 value of the creditors consenting to or executing the same, or of 
 the fraudident retention and concesilnient by the insolvent of some 
 portior of his estiite or effects, or of the evasion, prevarication 
 or false swearing of the insolvent upon examination as to his 
 estate and ellects, or upon the ground that the insolvent has not 
 kept an account book shewing his receipts and disbursements 
 of cash, and such other books of account as are suitable for his 
 trade, or, that having at any time kejit such book or books, he 
 lias refused to produce or deliver them to the Assignee, or that 
 he is wilfully in default to obey any provision of this Act, or any 
 order of the Court or Judge; ami if any of the said groiuids hi- 
 ju'oved, the continuation of his discharge shall be refused and 
 .such discharge set aside and annulled; but in the Provinces of provi.io ; us to 
 Ontario and Quebec, the omission to keep such books before the nou keeping 
 coming into force of the Insolvent Act of 18G4", and in the Pi-o- b,„',us.'"" 
 vinces of New Brunswick and Nova Scotia, such omission ])revious 
 to the coming into force of this Act, shall not be a surticient 
 ground for cijutesting the confirmation of the discharge of an 
 Insolvent; And provided further that any act on the })ait of the Fu.tUer pro- 
 Insolvent, which might be held to be an act of fraud or fraud\i- );"l"*"f"^ '" , 
 lent preference withni the meanmg ot the Insolvent Act ot 1804, or preforenea, 
 or this Act, but which would not amount to fraud if the said committed 
 
 ' . , before certain 
 
 Act periods. 
 
32 
 
 Cap. lb". 
 
 Insolvent Act. 
 
 32-83 VlcT. 
 
 Act or thin Act liiul not Injeii posned, .shall not bo a ground Tor 
 contesting tho confirmation of tlio discliargo of any Insolvent, if 
 such act wjiH done Ity tho Insolvent, in tho Province of ()ntari(» 
 or Quebec, befoi-e tlio coming in for»!o of tho Insolvent Act of 
 1SG4, or in tho Province t)f Nova Scotia or New Bmnswick, 
 before the comin£i into force of this Act. 
 
 ir tho inaol- 
 
 VUllt (louH liut 
 
 lilu tho con- 
 taut or deed, 
 I'ur oonfiruia- 
 tion within a 
 •■ertaiD tlniu, a 
 cruilitor may 
 uotify biin to 
 do «o, and 
 apply lur an 
 order nanul- 
 liug the deed. 
 
 Proviso : if 
 tbu deed bu 
 mod. 
 
 Powers of 
 l!ourt or 
 .liidgt) i)n ap- 
 lilioittiuQ for 
 t'oulirrautioD 
 ul itisebarge, 
 Ac. 
 
 lOSl. If tho insolvent does not deposit such consent or such 
 deed of composition and discharge, as tho case may be, in the 
 court, and give notice of his appliaition for a (!onflnnatioii of such 
 discharge, within one montlt IVom tluj time at which the same has 
 l>een effected uniler this Act, and jiroceed therewith thereafter 
 according to such notice, any creditor \\)V a sum exceeding two 
 hundred dollars, ntay cause to be served a notice in writing upon 
 the insolvent, requiring him to file in the Court the consent, or the 
 deed of composition anil discharge, as the case may be ; and may 
 thereupon give one month's notice to tho Insolvent (Form O.) of 
 his intention to apply by petition to tho Court or Judge who has 
 authority under this Act to confirm sui'i discharge, on a day 
 named in such notice, for the annulUng of Uie discharge ; and on 
 the day so named may present a }>etition to the Court or Judge, 
 in accordance with such notice, setting forth tho reasons in 
 support of such application, which may be any of the reasons upon 
 which a confirmation of discharge may be opposed ; and ui>on 
 such application, if the insolvent ha.s not at least one week before 
 the day fixed for the presentation thereof, filed in the office of 
 the court the consent or deed under which the discharge is 
 effected, the discharge shall bo annulled without further inquiry 
 except OH 1 J +ho service upon him of tho notice to file the same ; 
 but if such consent or deed be so filed, or if upon special applica- 
 tion, leave be granted him to file the same at a subseijuent time 
 and he do then file the same, the Court or Judge, as the case may 
 be, shall proceed thereon as upon an application for confirmation 
 of such discharge. 
 
 103. The Court or Judge, as tho case may be, upon heai'ing the 
 application for confinnation of such discharge, the objections 
 thereto, and any evidence adduced, shall have power to make an 
 order, either confirming the discharge or annulling the .same accord- 
 ing to the effect of the evidence so adduced ; but if such evidence 
 should be insufficient to sustain any of tho gi'ounds hereinbefore 
 detailed as forming valid grounds for contesting such confirmation, 
 but should nevertheless establish that the insolvent ha.s been guilty 
 of niis(!onduct in the management of his business, by extravagance 
 in his expenises, recklessness in endorsing or becoming surety for 
 others, continuing his trade unduly after he believed himself to 
 be insolvent, incurring debts Avithout a reasonable expectation of 
 paying them (of which reasonable expectation the proof .shall 
 lie on him, if such debt was contracted within thiity days of an 
 assignment or the issue of a Writ of Attachment) ; or negligence 
 in keeping his books and accounts ; or if such facts be alledged 
 by any contestation praying for the suspension of the discharge 
 
 of 
 
 JyU 
 
32-33 Vict. 
 
 1)0 H ground Cor 
 ''■ny Inaolvmit, iC 
 
 'viiico(,f Ontario 
 insolvtint Act of 
 Vtnv Bi-unHwick, 
 
 pon.sent or sufh 
 ""ly l»o, in tl.o 
 nnation of .such 
 ■h the same has 
 with thereafter 
 exceeding two 
 n writing upon 
 
 (consent, or the 
 l'^ 1^ ; and may 
 It (Form O.) of 
 Judge who has 
 »Jge, on a day 
 harge ; and on 
 ourt <jr Judge, 
 tio reasons in 
 i reasons upon 
 E-'il; and uix)n 
 e week before 
 I the office of 
 dihoharge is 
 rther inquiry 
 '« the same ; 
 icial applica- 
 fec(uent time 
 the ciise may 
 confirmation 
 
 healing tlie 
 i objections 
 to make an 
 lime accord - 
 ^h evidence 
 ereinbeforo 
 nfirniation, 
 been guilty 
 travaganco 
 surety for 
 himself to 
 lactation of 
 )voof shall 
 lays of an 
 negligence 
 3 alledged 
 discharge 
 of 
 
 180.0. 
 
 Inaolo&nt Act. 
 
 Cap. k;. 
 
 33 
 
 I 
 
 of the iiisolvonfc, or for its cliussitication as .second cla,ss, tlio Court 
 or Jtidge may then'U|Kin order the suspension of the operation of 
 the dischiin^eof the iiisolvtMit for a period not exceeding livt* years 
 or uiiiy deil.'ire tlie «li:irb:iige to lie of Uio .second chuss, »ir both, 
 aceoidiliii: to the disnvt inu of the Court or Jiidgif. 
 
 iO-l. Until the Court or J udgi', as the case may be, has con- How ibedin- 
 linut'd s\iih di.scbai}',', tlm burden of proof of the di.seharge bein^ <"l>'""«'' "'"''"'« 
 completely elleeted under the provisions of this Act, shall be upoii '""'*"'"• 
 the insolvent ; but tlu; (tonluiuation thereof, it' not reversed in 
 iqipeal, ^.li;ill render Ibe diseliar<^e thereby eonfirnied, lin:il iunl 
 eouelusivtf ; and an .luthentie copy ui the judi^'menj, eonfirming 
 tlie .same sludl be suMieieiit evidence ns well of such discharge as 
 of the eonlniuation thereof. 
 
 I0«5. li", after the expiration of one year from the date of an A|.|,iuttii.m id 
 assignment made under this Act, or from the date of the issue of V"'"'; '"■•'"''»<•' 
 a writ of attiiehment thereunder, as the ea.se may lie, the insolvent ir'^ot oi. "'^*'''' 
 has not obtained from the required proportion of Ids creditors a ii»i"oJ irom 
 consent to his discharge, or the execution of a deed of composition *''''"''''^"- 
 and discharge, he may apply by petition to the Court or Judge, 
 having power liereunder to confirm his discharge if consented to, 
 to grant him his di.scharge, first giving notice of .such application, 
 (Form P.) for one month in the manner hereinbefore provided for 
 notice of ap])lication for confirmation of discharge. 
 
 JOO. Upon such application, any creditor of the insolvent, or Proceedings 
 the assignee by authority of the creditors, may appear and oi)po.se "" »"«'» "Pp''- 
 
 i.1 .• !• 1 ]• I 1 1 • 1 J.I cation: aud 
 
 the gi'antnig ol such discharge upon any ground upon whicli the powera of tbo 
 confirmation of a discharge may be opposed under this Act, or '-ourt or 
 may claim th(! suspension or classification of the discharge or •'""'e»- 
 both ; and whether .such application be contested or not it .shall 
 be incumbent u[)on the Insolvent to prove that he has in all 
 respects confornusl him.self to the provisions of this Act; and lie 
 shall submit himself to any order which the Court or Judge may 
 make, upon or without an application to that effect, to the end that 
 he be examined touching his estate and effects and liis conduct 
 and management of his affairs and business generally, and 
 touching each and every detail and particular thereof; and the 
 (V)urt or Judge may also require from the A,ssignee a report in 
 writing upon the conduct of the Insolvent and the state of his 
 books and .•iffairs before and at the date of his insolvency ; and 
 thereupon tlie Court or Judge, a.s the case may be, after hearing the 
 insolvent, and the opposant, if any, and any evidence that may be 
 adduced, may make an order either granting the discharge of the 
 in.solventor refusing it ; or in like manner and under the like cir- 
 cumstances to those in and ujion which ^ the discharge could bo 
 suspended or chissified as hereinbefore provided upon an applica- 
 tion to confirm it, an order may be made suspending it for a like 
 period, or declaring it to be of the second class, or both. 
 
 5 107. 
 
84 
 
 Cap. If). 
 
 Intolvent Ad. 
 
 32-33 Vict. 
 
 |iUi'ii(loii <it 
 crodltorH. 
 
 SuipnnKitm nf 107. At nil}' tiiuo hcfovo jinl^'inoiit upon an upplicatinn for 
 iu'IuHMiioii- olitiiiiiiii^' a <Iischiir,t,'(>, the friMlitors or tlio siiino proportion of them 
 linn UK Hiiponii Mint iii.iv I'iii'l tli«' rcniJiiiiilcr l>v n couNcntto u Wischargo, may lilu 
 '""•'"' »i'- licfoic tilt' ( 'ourt, nr.liid;.;*' Iicfoif whom sucli application i.s p<!nding, 
 II (Icclanitioii in \vri*!n,i,',srttin{^' forth that it in tlu'ir desiro that tho 
 (lischar^'f of the liisolvt'ut slunild (if ^n:int»>tl) lu; sUHpoiuled for 
 a porioil tiiciriii named not I'xc'c'.'dinj.; live yrarH, or that it Hhouhl 
 lie cia.ssi'il as second class, or lioth ; and thcnnipon if hucIi (\)urt 
 or Judge tiliould he of opinion that the Insolvent Ih not shown to 
 luive done or omitted anything, the doing or omission of which 
 would deprive him of tin- right to his discharge under this Act 
 (hut not otherwise) and shall therefore he of opinion to grant his 
 discharge, such.. Fudge shall declare such opinion, and shall there- 
 upon grant such discharge, hut shall suspend tho same as required 
 l»y such declaration of the creditors. 
 
 Dl>ohar»;e 
 obtainocl hy 
 frnud, to be 
 void. 
 
 108. JJvery consent to a discharge or composition, and every 
 discharge or contirmation, of any discharge or composition, whicn 
 has been obtained by fraud or fraudulent preference, or by means 
 of the consent of any creditor piocured by tho payment or promise 
 of payment to such creditor, of any valuable consideration for 
 .such consent, cr by any fraudulent contrivance or practice what- 
 ever tending to defeat the true intent and meaning of the 
 provisions of this Act in that behalf, shall be null and void. 
 
 EXAMINATION OF THE INSCJLVENT AND OTHERS. 
 
 Examination 109. Immediately Upon the expiry of the period of one month 
 
 of iiiMoivont, fj.jjju ^Ijj, jjj.j^j^ insertion of the advertisement giving notice of tho 
 
 iinoiHi and appointment of an assignee, a meeting of tho creditors shall bo 
 
 nc.idod. ],i;[,| f,,r the jiublii! exaiiiinatioii of the insolvent, w^io shall bo 
 
 summoned to attend such meeting, the same being tir.st duly called 
 
 by advertisement; and at such meeting the ins('vent may bo 
 
 examined on f»ath, sworn beiVue the assignee, by or on behalf of 
 
 any creditor present, iu his turn ; and the exandnation of tho 
 
 inscjlvent shrill be. reduced to wiiting by tin; a.ssignee, and signed 
 
 by the insolvtsnt; and any ([uestiou jiut to the in.solvent at such 
 
 meeting which he shall answer evasively or rcifuse to answer, 
 
 shall also lie written in Midi examliiaioii, with tho replies made by 
 
 How attested, the in.solvent to such (|Ue;tioiis ; and the in.solvent shall sign such 
 
 examination, or if he icfiise to sign the same, his refusal shall be 
 
 entered at the foot of tin; examination, with the reasons of sucli 
 
 refusal, iJ'any, as given byhim:;elf; and such examination shall be 
 
 attested by the avsignet; ami .shall be tiled in the otlico of the Court. 
 
 Furthur exa- 
 
 miuatioDor 
 
 lusolvent. 
 
 no. 1'he in.solvent may also bi; fioni time to time examined as 
 to his estate and etleets upon oath, before the Judge, by tho 
 assignee or by any creditor, upon an order from the Judge obtained 
 without notice to tlie Insolvent, ujion petition, setting forth 
 satisfactory reasons for such order, — and he may also be examined 
 in like manner upon a Huhpa-na issued Jis ofcour.se without such 
 order, in any case in which a writ of attachment has been issued 
 
 against 
 
32-33 Vict. 
 
 application for 
 )portion of them 
 fhargo, may lilo 
 itioni.s ponding, 
 I- desirt} that tlio 
 
 "tiHponded for 
 • tiitit it should 
 I if such Court 
 H not .shewn (o 
 «i.)n of which 
 under this Act 
 >n to grant hi.s 
 nd shall thero- 
 lue as required 
 
 on, and every 
 •osition, which 
 ', or by means 
 snt or promise 
 isideration foi- 
 practice what- 
 anin^ of the 
 id void. 
 
 ERH. 
 
 of one month 
 notice of tlio 
 itors shall bo 
 w^io shall bo 
 st duly called 
 vent may bo 
 <ni behalf of 
 lation of the 
 e, and signed 
 vent at such 
 ! to answer, 
 lies made by 
 ill sign such 
 isal shall be 
 •sons of such 
 tion shall be 
 )f the Court. 
 
 examined as 
 Jge, by the 
 Ige obtained 
 itting forth 
 )e examined 
 ithout such 
 been issued 
 againat 
 
 1869 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 35 
 
 against hia CHtato and effpctM ; whicli auhparna may bo procured 
 by the plaintjH" or by any creditor intervening in tho aittion for 
 that purpose, or by the assignee, ut any timo after tho return of 
 tho writ of attachment. 
 
 111. Tho insolvent may also bo examined on his application Subuquent 
 for a dischar^je or for <oiitirmHti(m of a disrharge, or upon tlui """)[p\*'«'i" ,,, 
 application of any crcflitor for annulling a di.sehargo ; or upon any for .liicimrne, 
 petition by liim in tho course of proceedings for tho compulsory 
 li{piidation of hifi estate. 
 
 do. 
 
 iV2. Any other ])eraon who i.-, Itolievcd to poHS(\si< information oihcr poiv.mj 
 respecting the estate or effects of the, insolvent, may also bo from "'"„\ on'ipn'lo'r 
 timo to time examineil liefore tiie .Imlge upon oath, as to such "f the JuJije. 
 estate or effects upon an order fioni the .luilge to that eti'ect, which 
 order the Judg(! may grant upon petition setting forth satisfaetory 
 reasons for such order, without nntico to tiie insolvent or to tho 
 person to bo so examine(|. 
 
 Il». Th(^ insolvent shall iitt.'ud all met'tings of his <r*^<litors. .^I';;;';,*;;'^;: 
 when summoned so to dn by the assignee, aj\d sli.ill answer all in(.'< >.f,;ro- 
 questions that may lur put to hint at such nieelings toueliing bis ''"'^''• 
 business, and touching his estati^ and elleets ; and for every such 
 attendance he .shall bo paid such sum as shall bo ordered at such 
 meeting, but not less than one dollar. 
 
 11^. If it bo made known to tho Jutlgi; Ity tho Assignee by Hxnruinaiiiin 
 petition substantiated under oath, that any jtidliable cause exists y,j^"(°,*'i„. 
 therefor, the J udge may oidcr tho wil(; or Jiusband of the Insol- noUint. 
 vent, as tho case may be, to be examined as to the reception, use, 
 retention or concealment by or on behalf of the Insolvent, or by 
 or on behalf of the person so examined, or any other person, of 
 any of the estate or effects of tho Insolvent. 
 
 OK I'ROCKDUUK (ll-NKUALLV. 
 
 lltS. All deeds of assignment, of transfer, of composition and F„rm of deeds 
 of reconveyance, shall be executed in the ni;uuier in whicli deeds ''"''''i" ""^i^. 
 are usually executed in the Province wheitin such deeds shall pn,,p,, i,| i-r,,. 
 respectively bear date ; — And if such deeds be execMitod in any part vinn-.^ «ihnr 
 of Canada other than the Provitice of (^)uebee, according' to the ^^'|i\"|, ,"„,"' 
 form of execution of deeds prevailing there, lliey shall have the arooxccutou. 
 same force and eflect in the Provincf^ of Quebec as if they ha<l 
 been executed in that Province before a Not;iry ; and if such 
 deeds be executed in that Province before a Notary they shall 
 have the same force and effect elsewhere in the Dominion as if 
 they had been executed .according to the hiw in force in such other 
 Province ; and copies of such deeds, certified as aforesaid, shall 
 constitute before all courts and for ail jnirposos, prhnd facie proof 
 of the execution and of the contents ()f the origin.als of such deeda 
 lOHppctivply, without production of tho oiiginali^ thereof, 
 
 lie; 
 
36 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 il 
 
 To what asBeta 1I6. The operation of Bections ten and twenty-nine of this 
 
 ti"ns'."hBjl ^^^' ^^'''^^^ extend to all the assets of the insolvent, of every kind 
 
 iipi'iy. and description, although they are actually under seizure under 
 
 any ordinary wi'it of attachment, or under any writ of execution, 
 
 so long as "they are not actually sold by the Sheriff' or Sherift's 
 
 Pruido : as to officer under such writ ; but in the Provinces of Nova iScotia and 
 
 viae" ° and as ^^iw Brunswick this section shall not apply to any writ of execu- 
 
 .0 costs. tion in the hands of the Sheriff, at the time of the coming into 
 
 force of this Act ; and the rights, liens and privileges of the 
 
 seizing or attaching creditor, for his costs upon any such writ, 
 
 shall be the same as they were previous to the passing of this Act, 
 
 ill the Province in which such Avi'it shall have issued. 
 
 Notires under 
 (bis Act, how 
 filven. 
 
 How ques- 
 tion.s at m'jet- 
 in^js of cro- 
 ditors shall e 
 decided. 
 
 If 7. Notices of meetings of creditors and all other notices herein 
 required to be given by advertisement, without special designa- 
 tion of the nature of such notice, shall be so given by publication 
 thereof for two weeks in the Official Gazette, also in the Province 
 of Quebec in every issue during two weeks of one newspaper in 
 Kuglish and one in French, and in the Provinces of Ontiirio, New 
 Brunswick and Nova Scotia, in one newspaper in I'liglish, pub- 
 lished at or iiearest to the place where the insolvent has his chief 
 })lace of business ; and in any case, unless herein otherwise y)ro- 
 vided, the Assignee or person giving such notice shall also address 
 notices thereof to all creditors and to all representatives of foreign 
 creditors within Canada, and shall mail the same with the postage 
 thereon |)aid, at the time of the insertion of the first advertise- 
 ment. 
 
 118. All questions discussed at meetings of creditors shall be 
 decided by the majority in number of all creditors tor sums of om^ 
 hundred dollars aiul upwards, present or represented at such 
 meeting, and representing also the miijfirity in value of such 
 creditoi-s, unless herein otherwise specially provided ; but if the 
 majority in number do not agree Avith the majoi'ity in value, the 
 views of each section of the creditoi-s shall be embodied in resolu- 
 tions, and such resolutions with a statement of the vote biken 
 thereon, shall bo refeiTcd to the Judge, Avho shall decide between 
 them. 
 
 Qiieetions as 
 
 how decided. 
 
 IIS>. If for any purpose it becomes necessary to ascertain the 
 vniJiTof"™"'^ jiroportioii of the creditoi-s of an insolvent who have voted at any 
 ditors voting, meeting or concurred in any act or document, and if it be found 
 that the Avholeof the creditors holding claims again.stan insolvent 
 for sums of one hundred dollars and upwards, do not rejiresent 
 the proportion in value of the liabilities of the insolvent subject 
 to be c'omputed in that behalf and recpiired to give validity to 
 such voto, act or documents such proportion may be completed 
 hy the vo,V3s or concurrence of creditors holding el.'ums of less 
 tlian one hundred dollars. 
 
 130. Whenever a meeting of cretlitors cannot be held, or an 
 application made, until the expiration of a delay nanu^d herein, 
 notice of such meeting or application may bo given pending such 
 delay, 
 
 131. 
 
 Nolit'o pend- 
 ing dolay. 
 
1869. 
 
 Insolvent Act 
 
 Cap. 16. 
 
 37 
 
 131. If the first meeting of creditors which takes place after Certain things 
 the expiry of the period of one month from the advertisement "t^firlTmee*- 
 of the appointment of an assignee he called for the ordering of ing, though 
 the affiiirs of the estate generally, and it be so stated in the j'°n°®""°"'"' 
 notices calling such meeting, all the matters and things respecting 
 
 v^hich the creditors may vote, resolve or order, or which they may 
 ngulate under this Act, may be voted, resolved or ordered upon 
 aid may be regulated at such meeting, without having been spe - 
 cii lly mentioned in the notices calling such meeting, notwith- 
 standing anything to the contrary in this Act contained, due 
 regard being had, however, to the proportions of creditors required 
 by thi>i Act for any such vote, resolution, order or regulation. 
 
 132. The claims of creditorsi (Form Q) shall be furnished to Form and 
 the Assignee or interim Assignee as the case may be, in writing, cillm^ami"^ 
 and they shall be attested under oath, taken in Canada before before whom 
 tlu! Assignee or before any Judge, Commissioner for taking affida- *° ''" attesio'i. 
 vits, or justice of the Peace, and out of Canada before any Judge 
 
 (if a Court of Record, any Commissioner for taking affidavits 
 a)}pointcd by any Canadian Court, the Chief Municipal Officer for 
 any town or city, or any British Consul or Vice-Consul, or before 
 any jioisun authorized by any statute of Canada or of any Pro- 
 vince therein to take affidavits to be used in any part of Canada. 
 
 133. Any affidavit requiring to be sworn in proceedings in Affidavits, 
 insolvency, may be sworn before any Commissioner for taking ^^^°^^ ^h"«° 
 affidavits, appointed by any of the Courts of Law or of Equity in 
 
 any of the said Provinces ; or before any Judge having civil 
 jiuisdictioii in any of the said Provinces ; and such affidavit may 
 he made by tlui i)arty interested, or by his agent in that behalf 
 having a i)ersonal knowledge of the matters therein stated. 
 
 134. The Statutes of set-ofl shall i^^\)]y to all claims in insol- Set-offf, how 
 vency and also to all suits instituted by an Assignee for the 
 recovery of debts duo to the insolvent, in the same manner and 
 
 to the same exUmt as if the insolvent were plaintiff or defendant, 
 as the case may be, except in so far as any > . im for set-ofl' shall 
 bo affected by the provisions of tliis Act respecting frauds or 
 fraudulent pieferenccs. 
 
 I3»l. One clear day's nolii'o of any petition, motion, order or Service of 
 rule, shall be sufficient if the i)arty notified resides within fifteen [',,7XJ''"*'"' 
 miles of the place where the proceeding is to be taken, and one 
 vxivA day shall be suflicient allowance for each additional fifteen 
 miles of distance between the place of service and the place of 
 proceeding ; and service of such notice shall be made in such nian- 
 ner as is now prescribed for similar services in the Province within 
 which the service is n.atle. 
 
 136. The Judge shall have the same ])()wer and authority in Commiagions 
 respect of the issuing and dealing with connnission« for the e.vami- ["„"^flj"j*" 
 nation of witnesses, as are possessed by the ordinary Courts of negsee, 
 
 Record 
 
Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 \m 
 
 Subpa?naa to 
 
 Service of 
 prooese, io. 
 
 Disobedience 
 of writs and 
 IiroceflH, liow 
 I'lUDisbable. 
 
 Proof of 
 default. 
 
 Expcn.-rH 
 mmt bo tiMi- 
 derjd to 
 jierson pimi- 
 
 Record in the Province in which the proceedings are being carried 
 on, and may also on petition of either of the parties to a contesta- 
 tion before an Assignee, order the issue of such a conuni.ssion by 
 the Assignee. 
 
 127. In any proceeding or contestation in insolvency, the Court 
 or Judge, or the Assignee as the case may be, may order a writ of 
 subpoena ad testificandum or of subpcrna duces tecui/i to issue, com- 
 manding the attendance as a witness of any person within the 
 limits of Canada. 
 
 128. All rules, writs of subpoena, orders and warrants, issued 
 by any Judge, Court or Assignee in any matter or pi'oceeding 
 under this Act, may be validly served in jiny part of Canada upon 
 the party affected or to be affected thereby ; and the service oi 
 them, or any of them, may be validly raado in such manner as 
 is now i^rescribed for ssimilar services in the Province within 
 Avhich the service in made ; and the person charged Avith such 
 sei'vice shall make his rctiu'ii thereof and on oath, or, if a Sheriff 
 or Bailiff in the Province of Quebec, may make such return under 
 his oath <il (irtice. 
 
 1589. In case any person so served with a writ of subfxena or 
 with an order to appear for examination, does not appear according 
 to the exigency of such writ or process, the Coiu't or the Judgt> 
 on whose order or within the limits of whoso territorial jurLsdic- 
 titm tlie same is issued, may, upon proof made of the service 
 thereof, and of such default, if the person served therewith hius his 
 domicile Avithin the limits of the Province within which sucli 
 writ or ])roccss issued, constrain such person to a])j)ear and tes- 
 tily, and |)unish him for non-appearance or for not testifying in 
 the same manner as if such person had been sunimo)ied as a wit- 
 ness before such Court or Judge, in an ordinary suit ; and if the 
 person so sei-ved and making default, has his domicile beyond the 
 limits of the Province within which such writ or process issued, 
 such C>)urt <ir .ludge may transmit a certificate of such default 
 to any of Tier Majesty's Superior Courts of Law or Equity in that 
 part of Canada in which the person ;;o served may reside, and th(> 
 Court to which such certificate is sent, shall tliereu|)on proceed 
 against and piuiish such person so having made default, in like 
 manner as it might have d(»ne if such jierson had neglected oi 
 refused to appear to a writ of sul)pa'na or other .similar process 
 issued out ol" such last mentioned Court ; and such certificafo 
 of default signed I ly the Court, Judge or A.ssignee before whom 
 default was made and copies of such Avrit, process and of the 
 return of service, thereof certified by the Clerk of the Court in 
 Avhich the order of transmission is made, shall be primd farir 
 proof of such writ or jirocess, service, rctmn, and of such <lcfiniH. 
 
 • 
 
 IJIO. No such ccrtiticatc of default shall be so tniiismitted, nor 
 iOiall any ])erson be jmuishcd for neglect or refusal to attend for 
 e-samination in obtxlience to nxv such snbjMi^na o)- other similar 
 
 process 
 
 process, unl 
 
 nutting, am 
 
 reasonable 
 
 d'em, and i 
 
 (if theSupe 
 
 person was 
 
 to give evit 
 
 tendered U 
 
 other simil 
 
 t3l. Th 
 
 lent terms, 
 are provitl 
 ilividend c 
 annulling 
 relies, shal 
 and circui 
 not so sel 
 testation, 
 the facts 
 the inter[ 
 .such lang 
 
 133. I 
 
 or certifii 
 vent La 
 Canada, s 
 any Com 
 of any d* 
 
 i:i3. 
 
 which ai 
 Act are 
 Act; all 
 proceedi 
 authorit 
 the pro( 
 ceedlng 
 which ( 
 Court. 
 
 13t 
 
 voluuti 
 
 itlfect H 
 
 and hi 
 
 proceei 
 
 contiri 
 
 shall i 
 
 tative: 
 
 its pi'i 
 
 tiator 
 
32-33 Vict. I 18C9. 
 
 Insolvent Act. 
 
 Cap. IG. 
 
 39 
 
 being carried 
 
 |to a contcsta- 
 
 ^mmission hy 
 
 ^cy, the Court 
 ier a \mt of 
 I to issue, com- 
 within the 
 
 Jirants, issued 
 |i' jjroceeding 
 1 Canada upon 
 'he service of 
 'h manner as 
 vince within 
 d with such 
 ', if a Sheriff 
 return under 
 
 ^{subj)(cna or 
 ear according- 
 i>r the Jud/>v 
 >nal jurisdic- 
 
 tlie ,servic(! 
 iwith hius his 
 
 which sudi 
 |iear iind tcs- 
 tcstifyiiijr in 
 led a.s a wit- 
 ' ; and if (I),. 
 ! heyond tli»_> 
 ocess isiiuod, 
 i'lch <lefault 
 J'ifcy in tiiat 
 ide, and the 
 •on proceed 
 fi'ilt, in liko 
 x'glected (.i 
 ilar j)roce.s,s 
 
 eertificjifo 
 fore whom 
 md of tlio 
 le Court in 
 rhud farir 
 «'h <l("faiilf, 
 
 iiitted, noi 
 attend for 
 er siniiliii' 
 
 procesN 
 
 ])rocess, unless it be made to appear to the Court or Judge trans- moned as a 
 mitting, and also to the Court receiving such certificate, that a ^'*"*'''''' *'''-■• 
 reasonable and sufii(!ient suui of money, according to the rate per 
 (I 'em, and ])er mile allowed to witnesses by the law and practice 
 of the Superior Courts of Law within the jurisdiction of which such 
 person was found, to defray the expenses of coming and attending 
 to give evidence, and of returning from giving evidence, h.ad been 
 tendered to such person at the time when the writ of subpceua, or 
 other similar process, was served upon him. 
 
 131. The forms a|)pended to this Act, or other forms in equiva- Forms uuder 
 lent terms, shall be used in the i)roceeding3 for which such forms ti^'^ '^'"■ 
 :a'3 provided; and in every contestation of a claim, collocation, or 
 dividend or of an application for a discharge, or for confirming or 
 annulling a discharge, the facts upon which the contesting party 
 relies, shall be set forth in detail, with particulars of time, place 
 and circumstance, and no evidence shall be i-eceived upon any fact 
 not so set forth ; but in every petition, application, motion, con- construoiion 
 testation, or other pleading xinder this Act, the parties may state of statemeuts. 
 the facts upon which they rely, in plain and concise language, to 
 the interpretation of which the rules of construction applicable to 
 such language in the ordinary transactions of life shall apply . 
 
 131S8. No plea or exception alleging or setting up any discharge Foreign dis- 
 or cei'tifi(;ate of discharge, granted under the Bankrupt or Insol- tar'dobts "cVn" 
 \ent Law, of any countr3' whatsoever beyontl the limits of tractod in 
 (Janada, shall l)e a valid defence or bar to any action instituted in t!»naJa- 
 any Coiu't of competent jurisdiction in Canada, for the recovery 
 of any debt or obligation couti'acted within such limits. 
 
 133. The rules of pi cedure as to amendments of pleadings, as to amend- 
 which are in force at any place where any proceedings under this manta.in pro- 
 Act are being carried on, shall apply to all proceedings under this tbb ah."" " 
 Act ; and any Court or Judge, or Assignee, before whom any such 
 |»i'o<eedings arc; being carried on, shall have full power and 
 authority to apply the appropriate rules as to amendments, to 
 the |>roceedings so pending before him ; and no pleading or pro- 
 ceeding shall be void by reason of JUiy irregularity or deiault 
 which can or may be amended under the rules and practice of the 
 Couit. 
 
 )viMion III 
 t'lluath 
 onl. 
 
 134. The death of the Lisolvent, pending proceedings ui)on a Pr 
 voluntary tussigiunent or in comi)ulsory ' liquidation, .shall not [[""j",",!,;! 
 aliect such ])roccedings, or inqjede the winding up of his estate; 
 and his heirs or other legal representatives may continue the 
 proceedings on his behalf to the procuring of a discharge, or of the 
 contirination thereof, or of both ; and the provisions of this Act Hopreaenta 
 shall apply to the heirs, administrators or other legal represen- {l^'^J; *'"**' ''"■ 
 tatives of any decea,sed person who, if living, would be .subject to 
 its provisions, but only in their ca|)acity as such heir^, adminis- 
 trators or representatives, Avithout their being held to be liable 
 
 for 
 
40 
 
 Cap. IG. 
 
 Insolvent Act. 
 
 32-33 ViOT. 
 
 1869. 
 
 for the debts of the deceased, to uny greater extent thun they 
 would have been if this Act h?\d not been passed. 
 
 Costs ; on 13«S. The costs of the proceedings in Insolvency \ip to and 
 
 what, pioporty inclusive of the notice of the appointment of the Assignee, shall 
 ordur charge- be p.aid by jnivilege as a first charge upon the assets of the insol- 
 "''•»• vent ; the disbui-sements necessary for winding uj) the estate shall 
 
 be the next charge on the propei'ty chargeable with any mortgage, 
 hypothec or lien, and upon the unincumbered assets of the est!>te 
 respectively, in such proportions as may be justified by the nature 
 of such disbursements, and their re'.ition to tlu; juoperty as being 
 incumbered or not, as the case may be ; and the remuneration of 
 the assignee and the c<ists of the judgment of ooniirmation of the 
 discharge of the insolvent, or of the discharge if obtained direct 
 from the Court, and the cpsts of the discharge of the assignee being 
 i^v^i taxed by the Judge at the tariff, or if there be no tariff at the 
 same rate as is usual for uncontested proceedings of a similar 
 character, after notice to the inspectors, or to at least three credi- 
 tors, shall also be paid therefrom as the last privileged charge 
 thereon. 
 
 Provision as 
 to letters 
 addressed to 
 Insolvent by 
 
 Post. 
 
 136. The Judge shall have the power, uj)on sj)eeial cause 
 being shewn before him under oath for so doing, to order the 
 Postmaster at the place of residence of the msolvent, to deliver 
 letters addressed to him received at such Post Office to the Assig- 
 nee, and to authorize the Assignee to open such letters in the 
 presence of the Prothonotary or Clerk of the Court of which 
 such Judge is a member ; and if such letters be upon the business 
 of the estate the Assignee shall retain them, giving connuuni- 
 cation of them however to the insolvent on request; and if they 
 be not on the business of the estate they shall be resealed, 
 endorsed as having been opened by the Assignee and returned to 
 the Post Office ; and a memorandum in writing of the doings of 
 the Assignee in respect of such letters, shall be made and 
 signed by him and by the Prothonotary or Clerk, and dtiposited in 
 the Court. 
 
 , I 
 
 Provision as 
 
 to CHSUS io 
 
 which Ihu 
 Judge or As- 
 yignoe bus a 
 claim on the 
 Estate. 
 
 IST. If the Judge holds a claim against the estate ol" an insol- 
 vent he shall be ij)$o facto disqualified from acting as a Judge in 
 any matter connected with such claim ; and in such case the Judge 
 competent to act in matters of insolvency, in any of the counties 
 adjoining that in which the insolvent ha,s his chief place of busi- 
 ness, and who is not disqualified under this section, shiiU be the 
 Judge who shall have jurisdiction in such matter, in tiie place 
 and stead of the Judge so disqualifletl ; tiud if the Assignee to any 
 estate be a claimant thereon as a creditor, or be collocated for any 
 charges or remuneration, or be the agent, attorney or repre- 
 sentative of any claimant thereon, he shall not hear, award or 
 determine upon any contestation of his own claim or collocation, 
 or of the claim of the person represented by him, or of any dividenfl 
 thereon, or upon any contestation or issue raised by him, or by the 
 person represented by him ; but in such case such contestation 
 
 shall 
 
 or 
 
-33 Vict. 
 jlifiu they 
 
 lip to and 
 rnee, shit 1 1 
 |the insol- 
 ■itate shall 
 bnortijatre, 
 the est>»te 
 the nature 
 us bein</ 
 Jenition of 
 lion of the 
 nod direct 
 nee bein^ 
 ritf at tho 
 ii similar 
 iree credi- 
 ed charge 
 
 iial cause 
 order the 
 to deliver 
 the Assig- 
 jrs in the 
 
 of which 
 e business 
 conmiuni- 
 nd if they 
 
 resealed, 
 iturntd to 
 
 doings of 
 nade and 
 posited in 
 
 'an insol- 
 Judge in 
 ilie Judge 
 i counties 
 e of busi- 
 all be the 
 the place 
 ee to any 
 d for any 
 or repre- 
 ivvard or 
 llocation, 
 dividend 
 or by the 
 [testation 
 shall 
 
 1869. 
 
 Imoheht Act. 
 
 Cap 16. 
 
 41 
 
 shall be decided by the Judge, subject to appeal, as hereinbefore 
 provided ; and ujion a suggestion being filed before the Judge, or 
 the Assignee, as the case may bo, of his disqualification under this 
 section, the Judge or Assignee sliall bo bound within twenty-four 
 hours thereafter, to declare under his hand, by a writing filed with 
 the Assignee, whether such Judge or Assignee is so disqualified or 
 not, and if he does not, he shall be conclusively hold to be so dis- 
 qualified; and the validity or correctness of such declaration may 
 be contested, in the case ot the Judge, by summary petition 
 before the Judge who would be competent to act in the place or 
 stead of the Judge alleged to be disqualified, and in the case of the 
 Assignee, by the Judge. 
 
 138. In the Pi'ovince of Quebec, rules of pi'actico for regulating Ruios of prac- 
 the due conduct of proceedings under this Act, \ +bre the Court or "f jeTln'^rbr 
 Judge, and tarifis of fees for the officers of the (Jourt, and for the Province of 
 Advocates and Attorneys practising in relation to such proceedings, Quebec ; how 
 shr.U be made forthwith after the passing of this Act, and when *" * ""■ ** 
 necessary repealed or amended, and shall be promulgated, imder 
 
 or by the same authority and in the same niannci as the rules of 
 
 [)ractice and tarift'of fees of the Superior Court, and shall apply in 
 
 the same manner and have the same efiect in respect of the ])ro- 
 
 ceedings under this Act, as the rules of practice and tariff' of fees 
 
 of the Superior Court ajiply to and affect the proceedings beft)re 
 
 that Court; and Bills of costs upon jn-ocecdings under this Act 
 
 mfiy be taxed and proceeded upon in like manner, as bills of costs 
 
 may now be taxeJ and ]>roceedcd tipon in the said Superior Court ; 
 
 but until such rules of ]>racticean(l tariff of fees have been made. Present rules, 
 
 the rules of ])ractice and tarift'of fees in Insolvency, now in force ^nti/^i.""!!"" 
 
 in the snid Province, sliall continue and remain in full force 
 
 and ett'ect. 
 
 139. In the Province of Ontario the Judges of the Supei'ior Andin the 
 Courts of Common Law, and of the Court of Chancery, or any five "•^pg/"'^''' 
 of them, of whom the Chief Justice of the Province of Ontario, or 
 
 the Chancellor, or the Chief Justice of the Common Pleas, shall 
 be one, — in the Province of New Brunswick, the Judges of the 
 Supreme Court of New Brunswick, or the majority of them, — and 
 in the Provincje of Nova Scotia, the Judges of the Supreme Court 
 of Nova Scotia, or the majority of them, — shall forthwith make, 
 and fi-ame and settle such forms, rules and regulations, as shall be 
 followed and observed in the said Provinces respectively, in the 
 proceedings in insolvency under this Act, and shall fix aad settle 
 the costs, 1". .. and charges which shall or may bo had, taken or 
 paid in all such cases by or to Attorneys, Solicitors, Counsel, and 
 Officers of Courts, Avhether for the Officer oi- for the Crown as a fee 
 for the fee I'und or otherwise, and by or to Sheriff's, Assignees 
 or other persons whom it may be necessary to provide for. 
 
 140. In the Province of QiMibec every trader having a man-iage Registration 
 contract with his wife, by which he gives or promises to give or ".'^^""^"t^"'^" 
 pay or cause to be paid, any right, thing, ov sum of money, shall tradora ia 
 
 6 enregister Quebao. 
 
42 
 
 Cap. 16. 
 
 Insohent Act 
 
 32-33 Vict. 
 
 Consequence 
 ordefault. 
 
 Proviso. 
 
 euregister tho same, if iii bo not already enregistered, within three 
 months from the execution thereof; and every perjon not a trader, 
 l)ut Jiereaftcr becoming a trader, and having such a contract of 
 maiTiage with his Avife, shall cause such contract to be eiu'egistered 
 jis aforesaid (if it bo not pi'oviously there enregistered,) within 
 thirty days from becoming such trader ; and in defiuilt of such 
 registration the wife shall not be permitted to avail heraelf of its 
 provisions in any claim upon the estate 4»f such insolvent for jiny 
 advantage conferred upon or promised to lier by its terms ; nor 
 sii.iU she be doin-ived by reason of its provisions of any advantage 
 or right upon the estate of her husband, to which, in tho absence 
 of any such contract, she would have been entitled by law ; but 
 tins section shall be held to be only a continuance of the second 
 paragraph of section twelve of the Insolvent Act of 18G4, and shall 
 not relieve any person from the consequences of any negligence 
 iu the observance of the provisions of tho said paragraph. 
 
 Co-' an words l^f. The words " any official assignee," used in the second sec- 
 i8,interpreted. ^ion of the Act twenty-ninth Victoria, chapter eighteen, are hereby 
 declared to have meant, and to mean, any official assignee what- 
 ever, and shall be construed as if they were followed by the words 
 " resident or appointed, in any part of the Province of Canada :" 
 But this declaration shall not affect any contestation heretofore 
 determined or now pending respecting the validity of any assign- 
 ment heretofore made to an official assignee resident in a coiinly 
 or district different from that in which tho domicile or plac.ti of 
 l)usiness of the insolvent was situate at the time of such assign- 
 ment. 
 
 Certain words 
 in this Act 
 interpreted. 
 
 Other words 
 interpreted. 
 " Day." 
 " Oaicial 
 Gazette." 
 '< Creditor." 
 
 143. The words "before Notaries" or "before a Notary" shall 
 mean executed in notarial form, according to the law of the Pro- 
 vince of Quebec ; the words "the Judge" shall, in the Province of 
 Quebec, signify a Judge of the Superior Court of the Province of 
 Quebec, having juriscUction at the domicile of tho insolvent, — in 
 the Provinces of Ontario and New Brunswick a Judge of the 
 County Court of the County or Union of Counties in which tho 
 pi'oceedings are carried on, — and in the Province of Nova Scotiti, a 
 Judge of Probate, — except in ca.ses proceeding in the city of 
 Halifax, in which case they shall mean a Judge of the Supreme 
 (^V)urt of Nova Scotia ; Jind the words " the Court," shall, in tho 
 Province of Quebec, signify oho said Su|jerior Court, and in tho 
 Provinces of Ontsirio and New Brunswick the County Comi, and 
 in the Pi-ovinco of Nova Scotia the Supreme Court of Nova 
 Scotia, unless it is otherwise expressed or unless the context 
 plaiidy requires a different construction. 
 
 143. The word "day" shall mean a juridical day; tho words 
 " Official Grazette " shall mean the Gazette which is used in any 
 ^ ovinco as the official medium of communication between tho 
 Lieutenant Governor and the people ; the word " Creditor " shall 
 be held to mean every person to whom the insolvent is liabl.j, 
 whether primarily or secondarily, and whether juj principal or 
 
 surety, 
 
32-33 Vict. 
 
 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 48 
 
 within three 
 not a trader, 
 
 contract of 
 eni'egistered 
 red,) within 
 lult of such 
 herself of its 
 VQnt for any 
 
 tenna ; nor 
 y advantage 
 
 the absence 
 jy law ; but 
 I the second 
 34, and shall 
 '' negligence 
 iph. 
 
 ! second sec- 
 i,are hereby 
 ignee what- 
 ty the words 
 of Canada:" 
 1 heretofore 
 any assign- 
 in a CO I inly 
 or plac,o of 
 such assign- 
 
 3tary" shall 
 of the Pro- 
 Province of 
 Province of 
 solvent, — in 
 idge of the 
 I which the 
 va Scotia, a 
 -he city of 
 lie Supreme 
 liall, in the 
 and in the 
 Court, and 
 rt of Nova 
 ihe context 
 
 the words 
 used in any 
 etweeu the 
 iitor " shall 
 nt is llablo, 
 principal or 
 surety, 
 
 
 surety, and who shall have proved his claim against the estate of 
 an insolvent in the manner provided by this Act ; but no proceed- 
 ing, discharge or composition had or consented to previous to the 
 f>assing of this Act, and not now the subject of dispute and in 
 itigation on the ground that a creditor voting thereon or a party 
 thereto hatl not proved his claim shall bo held invalid by reason 
 of any such creditor not having previously proved his claim as 
 aforesaid, notwithstanding that such creditor or the claims ho 
 represents be requisite to complete the proportion necessary to 
 give validity under this Act to such proceeding, discharge or 
 composition ; the word " collocated" shall mean ranked or placed « collocated." 
 in the dividend sheet for some dividend or sum of mpney ; and Application 
 all the provisions of this Act shall be held to apply equally to *<> companies 
 unincorporated trading companies and JO-partnerships ; and the Bhips.*'*"*'^ 
 chief office or chief place of business of such unincorporated trading 
 companies and co-partnerships shall bo their domicile or place of 
 business as the case may lie for the puqioses of this Act : and the 
 words "Board of Trade" in the said Act, are hereby declared to "Board of 
 have meant and in this Act shall mean any body of persons openly Trade." 
 exercising the ordinary functions of a Board of Trade or Chamber 
 of Commerce whether incorporated or not. 
 
 144. After the expiration of one year from the appointment of Limitation of 
 an Assignee, no suitor proceeding shall be instituted or commenced tu'eo^^'^^si'ife* 
 for the setting aside of any Act or proceeding preliminary to such anything djne 
 appointment or of such appointment; nor shall any such appoint- under tins Act. 
 ment or the proceedings preliminary thereto be impeached, or the 
 
 validity thereof put in issue by any pleading in any suit or pro- 
 ceeding ; but after the expiration of the said period, as to all 
 persons not previously contesting the s<ame and until set Jiside by 
 the decision of a Court of law or of equity, upon a previous con- 
 testation thereof, such appointment and the proceedings prelimi- 
 ii;uy thereto, shall bo conclusively presumed to be valid and 
 sufficient. 
 
 OF IMPRISONMENT FOR DEBT 
 
 145. Any debtor confined in gaol or on the limits in any civil insolvent in 
 suit who may have made the assignment provided for in the I?*"?! "f "" ^''^ 
 
 1 ,•'' .. ,1 • A . • 1 1 r> limits may 
 
 second sect'on ot this Act ; or agamst whom process tor com- appiy to 
 pulsory liquidation under this Act may have been issued, may at Judge for dis- 
 any time after the meeting of creditors piovided for in the third " '"^^' 
 Section of this Act, cr the appointment of an Assignee under this 
 Act, make application to the Judge of the County or District in J^""^^^"^'*'"^' 
 which his domicile may be or in which the gaol may be in which 
 he is confined, for his discharge froui imprisonment or confinement 
 in such suit ; and thereupon such Judge may grant an order in 
 writing directing the Sheriff or Gaoler to bring the debtor before 
 him for examination at such time and place in such County or 
 District as may bo thought fit ; and the said Sheriff or Gaoler 
 sliall duly obey such order, and shall not be liable for any action 
 for escape in consequence thereof, or for any action for the es(;a])<'_ 
 
 of 
 
44 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 ExamiiiBtlon 
 of inHolvent 
 snd witne^aoa. 
 
 Jiidgo may 
 discharge him 
 ir the exami- 
 niition be 
 aatiafaotory. 
 
 of the said debtor from liis cuHtody, unless the sume shall havo 
 happened through his default or negligence : 
 
 U. In pursuance of sucth order the said contined debtor and any 
 witnesses subpcBuaed to iittend and give evidence at such exami- 
 nation may bo exjimiiiod on ontli at the time jind place speci- 
 lied in .such order l)eforo such Judge, iiiid if on siarh examination 
 it shall appear to the satisfaction of the Judge that the said debtor 
 hanhoiKl fidcmnde an JiHsignment as reipiirod by the tenth Section 
 of this Act, and ha.s not been guilty of any fraudulent disposal, 
 concealment or retention of his estate or any part thereof or of his 
 books and accoimts or any materir.l poHion thereof or otherwise 
 in any Avay contravened the provisions of this Act, such Judge 
 shall by his order in ^vriting discharge the debtor from conline- 
 ment or ipiprisonment, ai»d on ])roduction of the order to the 
 Sheriff or Oaoier, the debtor shall be forthwith dischai'ged without 
 payment of any gaol fees ; provided always that no such oi'dcr shall 
 be made in any suit uidcss it be made to appear to the satislaction 
 of such Judge that at lea,st seven days notice of the time and place 
 of the .said examination had been previously given to the plaintiff 
 in such suit, or Ids attorney and to the Assignee for the time 
 being ; 
 
 MinuioH of 3_ The minutes of the examination herein mentioned shall be 
 
 *o b" kepr *iled in the office of the Clerk of the Court out <.f which the pro- 
 cess issued, and a copy thereof shall be delivered to the Assignee, 
 and if during the examination, or before any order bo made the 
 OHicial Assignee or the appointed Assignee, or the creditor or any 
 one of the creditors at whose suit or suits he shall bo in custody, 
 .shall make affidavit that he has reason to believe that the debtor 
 Postponoment hjis not made a full disclosure in the mattei's under examination, 
 the Judge may grant a postponement of such examination for a 
 j)criod of not less than seven days nor more than fourteen days, 
 imlcss the parties consent to an earlier day ; 
 
 in certaiD 
 cases 
 
 As to «ny sub- 
 
 sequent 
 
 «rre8t. 
 
 Proviso. 
 
 4. After such discharge, in case of any sul)sequent arrest in 
 any civil suit as aforesaid for causes of action arising previous to the 
 assignment or process for compulsory liquidation, the said debtor 
 may, pending the further proceedings against him under this Act, 
 bo forthwith discharged from confinement or imprisonment in 
 such suit, on application to any Judge on producing sucli previous 
 discharge ; provided that nothing in this section contained shall 
 interfere with the imprisonment of the said debtor, in pursuance 
 of any of the provisions of this Act. 
 
 
 OFFENCES AND PENALTIES. 
 
 AsMgners. 140. Evcry Interim Assignee to Avhom an assignment is made 
 
 ai"rin"e"rhn ""'^^•^i' ^^^i*' ^^^> cvery guardian aj)pointod under a writ of attach- 
 Ascigneoj, to meut in compulsoiy liquidation, and evcry Assignee appointed 
 bo d(-uin.d under the provisions of this Act, is an agent within the meaning of 
 uCimtpueoM. *h« HRvonty-sixth and following sections of the Act Te»pectt/i<f 
 
32-33 Vict. 
 5 shall have 
 
 tor and any 
 tuch exami- 
 iku'o .speci- 
 xnnunatlon 
 «ai(l debtor 
 nth Section 
 nt disposal, 
 kif or of his 
 r otherwise 
 ■such Judge 
 im conline- 
 rder to the 
 ;ed without 
 order shall 
 satisfaction 
 10 and plac(^ 
 he i)laintitt" 
 •r the time 
 
 (I shall be 
 <"h the pro- 
 e Assignee, 
 made the 
 litor or any 
 in custody, 
 
 the debtor 
 lamination, 
 ation for a 
 rteen days, 
 
 ■I 
 
 t arrest in 
 ions to the 
 aid debtor- 
 r this Act, 
 ^nnicnt in 
 h previous 
 lined shall 
 pursuance 
 
 it is made 
 of attach - 
 appointed 
 leaning of 
 respcctt/if/ 
 
 1869. 
 
 Insolvent Act, 
 
 Cap. 10. 
 
 46 
 
 
 Larceny and other similar ojfcncen, nm] every ^rovi-^ion of this 
 Act, or resolution of the creditors, relating to the duties <if an 
 interim Assignet;, guardian or AssigM(>e, shall be held to be a 
 direction in writing, within the meaning of the said seventy-sixth 
 .section; and in an indictment agninst an inierim Assignci', 
 guardian or Assigncie under any of the said sections, the right 
 of property in any moneys, security, matter or thing, miiy i)e laid 
 in "the creditors of the insolvent {naminij Mm,) under tlu* Insolvent 
 Act of 18()!)," or in the name of any Assignee subsequently 
 afipointed, in his (piality of such Assignee. 
 
 147. From and after the coming iiilo lon-e. ol' this Aet, any Ctrtain luis 
 insolveiit who shall do any of tlx^ arts ur things following with l;^!,"^;,'j'X''' 
 intent to defraud, or defeat the rights of his crcditttrs, shall be uiouiiors. 
 guilty of a misdenieanftr, and shall he liable, at the discretion of 
 the C'ourt before which Ikj shall be convicted, to punishment by 
 imprisonment for not more than three yeani, or to any greater 
 punishment attache<l to the olfenco by any existing statute : 
 
 If ho .shall not upon examination fully and tndy discover to the wt t fully <lia- 
 best of his knowledge and belief, all his property, real and personal, °,','t"dclHoriDL' 
 inclusive of his rights and credits, and how and to whom, and for property, 
 what consideration, and when he disposed of, assigned or trans- ^""''8, papard, 
 ferred thereof or of any part thereof, exce])t sucli part has been 
 rcidly and bond fide befoio sold or disposed of in the way of his 
 trade or business, if any, or laid out in the ordinary expenses of his 
 family, or shall not deliver up to the Assignee all such part 
 thereof Jis is in his pos,session, custody or power, (except such 
 portion thereof as is exempt from seizure as hereinbefore ]iro- 
 vided,) and also all books, papers and writings in bis possession, 
 custody or [tower relating to his property or aiiairs ; 
 
 If within thirty days prior to the execution of a deed of assign- Uoiii'>viiij; 
 merit, or the issue of a writ of attachment under this Act, he shall, i"'"''"''^* 
 with intent to defi-aud his creditors, remove, conceal oi- embt>zzle 
 any part of his property, to the value of fifty dollar's or upwarJs ; 
 
 If in case (»f any person having to his IcnoAvlclge or belief Ni'L ''^noun- 
 proves a false debt against his estate, he shall fail to disclo.se the gl'^■^J,:'''"' 
 .same to his As,signec within one month after" coming to the know- 
 ledge or belief thereof ; 
 
 If he shall with intent to defraud, wilfully and fi-audulontly J»J^° ^''^^■ 
 omit from his schedule any effects or property whatsoever ; 
 
 If he shall with intent to conceal the state of his ailJiirs, or to J^j^^JJ"'J:I!"- 
 defeat the object of this Act or of any ]>art thereof, conceal, or " '^'' ' 
 prevent or withhold the production of any book, deed, paper or 
 writing relating to his property, dealings or aifaii-s ; 
 
 If he .shall with intent to conceal the state of his affairs, (ir to ,^"^^jj'g;'^'f 
 •Icfeat the objijct of Uu; )>vftHe,nfc Act, or of any part thereol', part 
 
 with, 
 
46 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 B(atinK ficti' 
 tioiia IciHaea. 
 
 Ruods not 
 for. 
 
 •with, conooal, destiny, iiltor, iimtilato or Iklsify, or cauHO to l)e 
 r()nc(!al(!(l, (U'stroyed, altiircil, luutilatoil or falsiHed, ainy hook, 
 paper, writiiifj or siuuirity or ilociniK'iit rchitin^ to liis ])roperty, 
 tradf, dealinj^.s oraiiairs, orinako or ho privy to tho making of any 
 (also or fraudulent ontry or Htatoniout in or oinissioii from any 
 liook, paper, document or writing rehiting thereto; 
 
 If he sliali, at his examination at any time, or at any meetinr; 
 of his creditors lield under this A(^t, have attem]>ted to account 
 for any of his pro|)erty hy fictitious hnsses or expenses; 
 
 of If within the three months next )irc(!cding tho execution of a 
 P"'** deed of assin^iment, or the issue of a writ of attachment in com- 
 pulsoiy lifpiidation, he ]»awns, pledges, or disposes of, otherwis«i 
 tlian in th(! ordinary Avay of his trade, any itrojierty, goods or 
 effects the jMico of wliicli shall remain unpaid by him during such 
 three months. 
 
 How offences 148. All olll'iices punishable under this Act shall bo tiled a« 
 A'o't'ghfli/ bo f»ther ottences of tho same degree are triable in tho province 
 tried. whero such offence is committed, save that the Jury enn)anelled 
 
 to try the same shall be asjiecial Jury, to obtain wliich the prose- 
 cuting olHcer is reciuired and authorized to take such proceedings 
 as in a civil case are necessary to obtjiin such a Jury. 
 
 140. Jf any creditor of an insolvent, directly or indirectly, 
 takes or receives from such insolvent, any ])ayment, gift, gratuity 
 or preference, or any i)romise of payment, gift, gi'atuity or profe- 
 rence, a.s a consideration or inducement to consent to the discharge 
 of such insolvent, or to execute a deed of composition and dis- 
 charge with him, or if any creditor knowingly ranks upon tho 
 estate of the insolvent for a sum of money not duo to him by tho 
 insolvent or by his estate, such creditor shall forfeit and pay a 
 sum equal to trcljlo tho value of tho payment, gift, gi-atuity or 
 |)refcrence so taken, received or promised, or treble the amount 
 improperly ranked for jus the case may be, and tho same shall bo 
 rec(jverable l>y tho assignee for the benefit of tlio estate, by suit 
 in any com]ictent court, and when recovered, shall bo distributed 
 as part of tho ordinary assets of tho estate. 
 
 Punishment of 130. If, after the issuo of a writ of attachment in insolvency, 
 insolvent re- or the execution of a deed of assignment, as the case may be, tho 
 Ac.Vandno't''^ insolvent retains or receives any portion of his estate or etiects, 
 iianiiing tho or of his monoys, securities for money, business papers, dociunents, 
 books of account, or evidences of debt, or any sun or sums of 
 money, belonging or duo to him, and retains and withholds from 
 his Assignee, witlumt lawful right, sucli portion of his estate or 
 (^fleets, or of his monoys, securities for money, business papers, 
 documents, books of account, evidences of debt, sum or sums of 
 money, tho Assignee may make a])])licati(m to tho Judge, by sum- 
 mary petition and after due notice to the insolvent, for an order for 
 the delivery over to him of the etl'ccts, documents, or moneys so 
 
 retained ; 
 
 Oroditorg 
 tnkin;; cnn- 
 rideration for 
 f;nintiag dis- 
 ohHrgo, Ac. 
 
 pnrao to As 
 Btgnee 
 
 ( 
 
2-33 Vict. 
 
 LUHO to be 
 my hook, 
 property, 
 iii^of any 
 IVom any 
 
 inootinii 
 ;<) iicc'ount 
 
 ition of a 
 t in coni- 
 (ttljerwise 
 goods or 
 iring Hucli 
 
 tried a.s 
 
 jM'ovince 
 
 npanelled 
 
 Iio i)roHe- 
 
 oceedings 
 
 idirectly, 
 ', gratuity 
 or jn-efe- 
 diHcliargo 
 and (lis- 
 iipon the 
 in by tho 
 d pay a 
 ituity or 
 ! amount 
 ! sliall bo 
 , by suit 
 itributed 
 
 olvency, 
 r be, the 
 r ettects, 
 Hinients, 
 sums of 
 <ls from 
 state or 
 papers, 
 turns of 
 by sum- 
 ider for 
 neys so 
 tained j 
 
 1809. 
 
 Insolvent Act. 
 
 Cap. 10. 
 
 47 
 
 , 
 
 retained ; and in dcfaidt of such delivery in confonnity with any 
 order to bo made by tho Judge upon sueli ii|)plication, such insol- 
 vent may be imprisimed in tlio eonunon gaol for such time, not 
 exceeding (mo year, as such Judge may order. 
 
 Iffl. Tho deeds of assignment and of tratisltir, or in tlu* Pro- coriuin .loon 
 vince of Quebec, authentic copies thereof, or a duly autlienticated "'«"''' •"'"» 
 copy of tho record of appointment of an assignee, or a copy of the *^ 
 instrumentof a])pointmentof the interim Assignee when be becomes 
 Assignee, cer tilled by tho Clerk or Piolhonotary of tho Court in 
 which such instrument is deposited, under the seal of such Court, 
 according to the mode in which the Assignee is alleged to I to 
 aj)pointed, shall be primtl facie evidencie in all (courts, whether 
 civil or criminal, of such api)ointment, and of the regularity of all 
 ])roceedings at tho time thereof and antw;edent thereto. 
 
 ItSil. One per centum upon all moneys jn-oceiuling from the coniribution 
 sale by an Assignee, under the provisions of this A(rt, of any to BuiidiuR 
 inmjoveable i)roperty in tho Province of Quebec, sliall be retaineil f" q''"[bo*^"'"* 
 by tho Assignee out of such moneys, and shall, by such Assignee, 
 be paid over to the sheriff of tlie district, or of either of the (coun- 
 ties of Giuspd or B(maventure, as the case may be, within which 
 the immovable property sold shall be situate, to form ])art of the 
 Buihling and Jury Fund of such [district or County. 
 
 I«S3. The Governor in Council shall have all tho powers with dovomor ia 
 resi)ect to imposing a tax f)r duty unon inoceedings under thisp'*"""'' '*, 
 
 • ■i '•"• uAVB C6rtHlD 
 
 Act, which are conferred up(m the (Jovcrnor in Cotmcil by the powers, 
 thirty -second and thirty-third sections (jf the one hundred and 
 ninth chapter of tho Consolidated Statutes for Lower Canada, and 
 by the Act intituled ; An Act to make provision for tho erection or 
 repair of Court Houses and (Jfaols at certain places in Loiver 
 Canada, (12 Vic., cap 112.) 
 
 «E['I3ATi OF ACTS. 
 
 154. The Insolvent Act of 1SG4, and the Act to amend tho 
 same, passed by tho Parliament of the late Province of Canada in 
 the 29th year of tier Majesty's Reign, are hereby repealed, except 
 in .so far as regards {troceedings conunenccd and now pending 
 thereunder, and as regards all contracts, acts, matters and things 
 made and done before this Act shall come into force, tc which 
 the said Acts or .any of tho ])rovisions thereof would have a|)})Ued 
 if not so repealed, and specially such as are contrary to the pro- 
 visions of the said Acts, having reference to fraud and fraudulent 
 preferences, and to tho enregistrjition of marri.igo contracts within 
 the Province of Quebec ; and as to all such contracts, acts, matters 
 and things, the provisions of tho said Acts shall rem.aiu in foi'ce, 
 and shall bo acted upon as if this Act had never been passed ; Pro- 
 vided always that as respects matters of procedure merely, the 
 provisions of this Act shall for the futui'o supersede those of the 
 said Acts even in ca-ses contraenced and now pending ; and all secu- 
 rities 
 
 Insolvent Act 
 of 18K4, and 
 Act amending 
 it repealed : 
 saving certain 
 proceedings 
 and matters. 
 
 Proviso : 
 Procedure 
 under this 
 Act to apply 
 and supersedo 
 that under 
 Aotofl8e4. 
 
48 
 
 Clip. 1(J. 
 
 Intotvent Act. 
 
 32-33 Vict. 
 
 litit's ;^ivon uiiiltir i]w naid Acta nIiuII rtfinaiii valid, and may l»o 
 i-nluicod, in ivspi'i-t of idl niatttTS and things i'ldliug within tlu'ir 
 tt'iuiH, whctlior lictons or ai'ttjr this Act hhall I'onio int<» foiriiand 
 H|HH!ially all .socniitio.s iiuiototoro given l»y OHicial As.signco.s sliall 
 stTVc and avail hcirafttT as if j^ivcn inidcr this Act; andallothci 
 Acts and parts of Acts now in lurco in any of tho said l'r(»vinccs 
 which aro incon«istont with tho provisions Ijoroof aro also hortilty 
 rciicaled. 
 
 IS 
 
 ISii. This Act shall he called and known as " Tho Insolvent Act 
 
 nmimonl'o- "' l'*^*'!'. ' 'i"<l shall conie ijito foico anil take ellccrt on and after 
 iiii.iit mill (111- the liist day of Se|»tenilH>r next, and shall cease to liave efl'ect at 
 mtioiiot Act. ^jijj j^jjij jiC j-|,j|. y^,,^|.^ thereafter, save as rej^ards proceedings then 
 
 in ijroirross. 
 
 th 
 
 FORM A. 
 
 Insolvent Act ok 1809. 
 
 In Iho matter of .an Insolvent. 
 
 The Insolvent has made an assigmnent of Ids estate to me, and 
 tho Creditors are notified to meet at 
 
 in (»n the day of 
 
 at (c/f//i<) o'clock to 
 
 receive statements ol his a I Tail's, and toappi>int an Assignee {Date) 
 and rotiilenac of Interim Adsit/nec. 
 
 {Hiij nature.) 
 
 Interim Assignee, or QnariUan. 
 
 {The foMinvini/ is to be added lo the notices sent hy post.) 
 
 Tlu^ Creditors holding direct claims and indirect claims, matur 
 ingliffurti the UK^eting, lor oni; hundred dollars each and upwards, 
 are as follows: {names of Creditors and amounts due) and the aggre- 
 gate of claims undei' one liumlred dull.irs is JJS 
 
 {ihite.) 
 
 {Signature.) 
 
 Interim Assignee, 
 or Guardian. 
 
 tin 
 
 FORM 
 
 fil'! 
 
 wi 
 
2-03 Vict. 
 
 [ iiiiiy l)u 
 tliiii tlu'ir 
 
 lol'(>(Ulll*l 
 
 IIIMJH h))uII 
 
 lull oilier 
 I'lovincoH 
 so lioreliy 
 
 ilvcMit Act 
 :i)i(I ai'tor 
 ) eflect ut 
 in^s tlit'ii 
 
 [) me, and 
 
 day of 
 
 to 
 
 M) {Date) 
 
 Kirdian. 
 
 oat.) 
 
 , inatur- 
 ii]»\vai'dM, 
 lit! a^'gre- 
 
 ssi(jncey 
 tan. 
 
 FORM 
 
 180!). Intolvent Act, 
 
 FORM H. 
 
 Insolvknt A<t uk 18f)M. 
 
 In iliu iiiH(t.»Tof' A. iV, an insolvent. 
 
 Strlu'dulti of (Vodiloiu 
 I. I>iivct l.<ialiiliti('s 
 
 Caj). 16. 
 
 N 
 
 anie. 
 
 Ut'sidt'iK 
 
 t'JKT. 
 
 Natur« of Deht,. 
 
 Amount. 
 
 Totiil. 
 
 2. Indirect liabilitieM, maturing before the day fixed for 
 the lirHt meotinff of ereditorw. 
 
 Name. 
 
 Rebidoiu'u. 
 
 Nature of Debt. 
 
 Amount. 
 
 8. Tndire(;t liabilities, maturing after tlie day fixed for 
 the firut meeting of creditorn. 
 
 Name. Residence, 
 
 Nature of Debt. Amount. 
 
 4. Negotiable j)ai»er, the ludders of which are unknown, 
 
 Datu. 
 
 Name of 
 Maker. 
 
 Names 
 
 liable to 
 
 Insolvent. 
 
 When due. 
 
 Amount. 
 
 FORM a 
 
 Insolvent Act of 1869. 
 
 40 
 
 Thi8 asadgnment made between 
 first part, and ^ 
 witneases, 
 
 7 (or) 
 
 of the 
 of the second part, 
 
 On 
 
50 
 
 Cap. IG. 
 
 Intohent Act 
 
 82-83 Vict. 
 
 On this day of 
 
 before the undersigned notaries 
 
 came and appeared 
 
 of the first pfirt, and 
 
 of the second part, Avhich said parties declared to us, Notaries : — 
 
 That under the provisions; of "The Insolvent Act of 1869," the 
 said party of the first pari), being insolvent, has voluntarily 
 assigned .and hereby docs voluv^Arily assign to the said party of 
 the second part, accepting therocf as interim Assignee under the 
 said Act, and for the purposes therein provided, all his estate and 
 eft'ecfcs, real and personal, of every nature and kind whatsoever. 
 
 To have and to hold to the party of the second part as Interim 
 Assignee for the purposes and under the Act aforesaid. 
 
 In witness whereof, &c. 
 
 (or) 
 
 Done and passed, &c. 
 
 / 
 
 FORM D. 
 Insolvent Act of 1869. 
 
 In the matter of A. B., an Insolvent. 
 
 This deed of transfer made under the provisions of the said 
 Act between (C D.,) 
 
 Interim Assignee to the estjite of the said Insolvent of the first 
 part ; and (E. F.,) of the second part, 
 
 witnesses : 
 
 That whereas by a. resolution of the creditoi's of the insolvent, 
 duly passed at a meeting Mieveof duly called and held at 
 on the (lay of , the 
 
 said party of the second part was duly api)()inted Assignee to the 
 estate of the said Insolvent : Now therefore these presents witness 
 that the said party of the iirst ])art, in his said capacity, hereby 
 transfers to the said party of the second part the estate and effects 
 of the said Insolvent, in c^onfoi niity with the ])rovision3 of the said 
 Act ; and for the purposes therein provided. 
 
 In witness whereof, &.c. 
 
 {This form onay be mlapted in the Province of Quebec to the 
 notarial form of execution of documents prevailing there.) 
 
 FORM D D. 
 
 Insolvent Act ok 18G9. 
 
 In the matter of , an Insolvent. 
 
 This instrument witnesseth, that a meeting of the creditors of 
 the insolvent having been duly called by advertieement, to be h«ld 
 
 at 
 
2-83 Vict. 
 
 varies : — 
 1869," the 
 voluntarily 
 d party of 
 under the 
 estate and 
 tsoever. 
 as Interim 
 
 1869. 
 
 Insolvent Act. 
 
 Cap. 16. 
 
 f* , . , ' in , at o'clock, 
 
 this day, for the appointment of an Assignee to tho Insolvent's 
 estate, such meeting was duly held, and was duly 
 
 appointed thereat to be such Assignee (or no appointment of 
 Assignee was mad» at such meeting ; or no meeting was held by 
 reason of no creditor attending such meeting ; or the appointment 
 
 . . to be such Assignee made at the 
 
 said meeting became of no effect by reason of his refusal to accept 
 the same) by means whereof the said (the Interim 
 
 Assignee) became Assignee to the said estate. 
 Place date 
 
 Signatures of Chairman and of Creditors or of 
 
 Interim Assignee. 
 
 The said (Interim Assignee) being duly swoin daposeth that the 
 foregoing declaration is true : and ho hath signed. 
 Sworn before me at \ 
 
 this h. 
 
 Judge j 
 
 51 
 
 FORM E. 
 
 )f the said 
 
 >f the first 
 cond part, 
 
 insolvent, 
 t 
 
 , the 
 fnee to the 
 its witness 
 ty, hereby 
 and effects 
 of the said 
 
 ebeo to the 
 •e.) 
 
 •editors of 
 
 to be httld 
 
 at 
 
 
 and description 
 
 Insolvent Act OP 1869, 
 
 To (name residence 
 
 of Insolvent) 
 
 You are hereby required, to wit, by A. B., a. creditor for the sum 
 !* A \ J X. ('^'^sarihe in a snmmarg manrier the nature of the 
 
 debt,) and by C. D, a creditor, &c.,to make an assigniuciit of your 
 estate and effects under the above Act, for the benefit of vour 
 creditors. 
 
 i>^'ce ■ \: y/: date .^ J> 
 
 (Signature of creditor or creditors) 
 
 FORM F. 
 Insolvent Act OF 1861). 
 
 Canada, 
 Province of 
 District of 
 
 } 
 
 A.B. 
 
 -, (name, residence and desenptim.) 
 
 Plaintift. 
 
 C. D.- 
 
 m 
 
 -: (name, residence and description.) 
 
 - . Defendant. 
 
 1, A. B , (name, residence und, description) being duly 
 
 Bwoni, depose and say : 
 
52 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 1. 1 am the Plaintiff in thia cause (or one of the Plaintiffs, or the 
 clerk, or the agent of the Plaintiff in this cause duly authorized 
 for the purposes hereof ;) 
 
 2. The defendant is indebted to the Plaintiff (or as the case may 
 be) in the sum of dollars currency for, (state concisely 
 and clearly the nature of the debt) ; 
 
 3. To the best of my knowledge and belief the defendant is 
 insolvent within the meaning of the Insolvent Act <jf 1869, and 
 has rendered himself liable to have his estate placed in compulsory 
 liquidation under the said Act ; and my reasons for so believing 
 are as follows : 
 
 (state concisely the facts relied upon as Urhig the debtor 
 imolvent and as subjecting his estate to be placed in comj/ulsory 
 liquidation.) 
 And I have signed ; (or I declare that I cannct sign,) 
 
 this 
 
 day of 
 
 186 
 
 and if the deponent cannot sign, add \- 
 — the foregoing affidavit having been 
 iirst read over by me to the deponent. ^ 
 
 18 
 
 an 
 be 
 W 
 an 
 
 Co 
 
 (FORM G.) 
 
 Insolvent Act OF 1869. ^ 
 
 Canada, ) VICTORIA, by the Grace of God, of the 
 
 Province of > United Kingdom of Great Britain and 
 
 District of ) Ireland, Queen, Defender of the Faith. 
 
 To the Sheriff of our District (or County) of 
 No. Greeting : 
 
 We command you at the instjince of 
 to attach the estate and effects, moneys and securities for money, 
 vouchei'S, and all the office and business papers and documents of 
 every kind and nature whatsoever, 
 of and belonging to 
 if the same shall be found in (name of district or other territorial 
 jurisdictio?i) (and the same so attached, safely to hold, keej) and 
 detain in your charge and custody, until the attachment thereoi', 
 which shall be so made under and by virtue of this Writ, shall be 
 determined in duo course of Law, 
 
 We command you also to summon the said 
 to be and appear before Us, in our Court for 
 
 at in the County (or District) 
 
 of on the day of 
 
 to show cause, if any he hath, why his estate should jiotbo placed 
 in liquidation under the Insolvent Act of 1869, and further to do 
 
 and 
 
 1 
 
 ass 
 
 ( 
 
 one 
 
 aMH 
 
1869. 
 
 Insolvent Act. 
 
 Cap. IG. 
 
 53 
 
 and receive what, in our said Court before Us, in this behalf shall 
 be considered ; and in what manner you shall have executed this 
 Writ, then and there certify unto Us with your doings thereon, 
 and every of them, and have yon then and there also this Writ. 
 
 In Witness Whereof, We have caused the Seal of our said 
 Court to be hereunto affixed, at aforesaiil, 
 
 this day of 
 
 i^ the year of our Lord, one thousand eight hundred and sixty- 
 in the year of our Reign. 
 
 (FORM H.) 
 
 1. . Insolvent Act OF 18G9. 
 
 A. B.. 
 Pltf. 
 , C. D., 
 
 Deft. 
 
 A writ of attachuieac has issued in this cause. 
 {Place date) 
 
 {Signature) 
 
 Shcriti. 
 
 (FORM I.) 
 Insolvent 'Act OF 1869. 
 
 In the matter of 
 
 A. B. (or A. B. & Co.), 
 an insolvent. 
 I, the undersigned {name and residence), have been appointed 
 assignee in this matter. 
 
 Creditors are recjuested to fde their claims before me, within 
 one month. 
 
 J {Place . dale) 
 
 {S'ujnature) 
 
 Assignee. 
 
 ■fj, x» ) 
 
 (FORM K.) 
 Insolvent Act of 1869. 
 
 In the matter of A. P>., 
 
 an Insolvent. 
 
 Ill considt'ialion of the sum of S wlirrool" quit ; Cl !.)., 
 
 assignee of the insolvent, in tiiat capacity hcrcl»y sells and assigns 
 
 to 
 
64 
 
 Cap. 16. 
 
 Insolvent Act. 
 
 32-33 Vict. 
 
 to E. F. accepting thereof, .ill claim by the Insolvent against 0. 
 H. of {describing the Debtor) with the evidences of debt and 
 securities thereto appertaining, but without any warranty of any 
 kind or nature whatsoever. 
 
 C D., Assignee. 
 E.F. 
 
 In 
 
 {or under an order of the 
 
 day of ) of 
 
 &c., of the other pai't, 
 
 in his said capacity, hath 
 
 (FORML.) 
 
 This deed, made under the provisions of the Insolvent Act of 
 1869, the day of &c., between A. 
 
 B. of &;c., in his capacity of Assignee of 
 the estate and effects of an insolvent, under a deed of 
 assignment executed on the day of at 
 
 in and of a release made and executed on the 
 
 day of in 
 
 Judge made at on the 
 
 the one part, and C. D., of 
 witnesseth : That he, the said A. B 
 
 caused the sale of the real estate hereuiafter mentioned, to be 
 ai'vertisod as required by law, and hath adjudged {or and hath 
 offered for sale pursuant to such advertisement, but the bidding 
 therefor being insufficient did withdraw the same from such sale, 
 and hath since by authority of the Creditors agreed to sell) and 
 doth hereby grant, bargain, sell, and confirm the same, to wit : 
 unto the said C D., hisheii-s and assigns for ever, all {in Ontario, 
 Nova Scotia and New Brunswick,. *n«er^ *' the rights and interests 
 of the Insolvent in") that certain lot of land, {&:m., insert here a 
 description of the 'property sold) : To have and to hold the same, 
 with the appurtenances thereof, unto the said C D., his heirs and 
 assigns for ever. The said sple is so made for and in consideration 
 of the sum of $ in hand paid to the said 
 
 C. D. to the said A. B., the receipt whereof is hereby acknow- 
 ledged {or of which the said C. D. hath paid to the said A. B., the 
 sum of the receipt whereof is hereby 
 acknowledged) and the balance, or sum of $ the 
 said C!. D. hereby promises to pay the said A. B., in his said 
 capacity, as follows, to wit — {here state the, terms cf payme^it) — 
 the whole with interest payable and aa 
 security for the payments so to be made, the said C. D. hereby 
 specially mortgages and hypothecates to and in favour of the said 
 A. B., in his said capacity, the lot of land and premises hereby 
 sold. In witness, &c. 
 
 A. B. [L, S.] 
 Signed, sealed, and delivered C. D. [L. S.] 
 
 in the presence of 
 E. F. I 
 
 th 
 wi 
 
 ' 
 
 FORM 
 
1869. 
 
 Imohent Act 
 
 (FORM M.)' 
 Insolvent Act op 1809. 
 
 Cap. 16. 
 
 In the matter of 
 
 A.B. (orA. B. &Co.,) 
 
 an Insolvent. 
 A dividend sheet has been prepared, open to objection, until 
 the day of after which dividend 
 
 will be paid. 
 
 (Place.) (date.) 
 
 Signature of Assignee. 
 
 (FORM N.) 
 Insolvent Act of 1869. 
 
 Canada, ^ In the {name of Court) 
 
 Province of > In the matter of A. B. {or A. 
 
 District {or County) of j B. &; Co.), an Insolvent. 
 The undersigned has filed in the office of this Court, a consent 
 by his creditors to his discharge {or a deed of composition and 
 discharge executed by his creditors), and on the 
 
 day of next, he wiU apply to the 
 
 said Court (or to the Judge of the said Court, aa the case may be) 
 for a confirmation of the discharge thereby effected. 
 {Place date) 
 
 (Signature of Insolvent, or of his Attorney ad litem) 
 
 FORM O. 
 Insolvent Act of 1869. 
 
 In the {name of Court) 
 In the matte" of A. B., an In^jolvent, 
 
 Canada, ^ 
 
 Provincr of V 
 
 District {or County) of j 
 
 T(> the said Insolvent. 
 
 Take notice that the undersigned creditor hereby requires }'ou 
 to file in the ofiice of this Court, the consent of your creditors, 
 {or the deed of composition and dischai^e executed by them,) 
 under which you claim to be discharged under the said Act ; and 
 on the day of 
 
 next, at ten of the clock in the foi'cnoon, or as soon a.s counsel 
 can be heard, the undei-signed will apply to the said Court {or to 
 the Judge of the said Court, a« the case may be) for the amiulling 
 of such discharge, 
 
 (Place date) 
 
 (Signature of Creditor, or of his Attorney ad litem. 
 
 FORM 
 
 66 
 
56 
 
 Cap. IG. 
 
 Insolvent Act. 
 
 FORM P. 
 Insolvent Act of 18G9. 
 
 32-33 Vict. 
 
 Canada, \ In tlie (name of Court) 
 
 Province ov |- In the matter of A. B, {or A. B. & 
 
 District (or County) oi) Co.) iui insolvent. 
 
 On the day of next, the nmlei- 
 
 sigiied Avill apply to the said Court {or the .ludj^e of the said Court, 
 as the case may be) for a discharge uniler the .said Act. 
 {Place, date.) 
 
 (Signature of the Insolvent, or his Attorney adiUte^m.) 
 
 FORM Q. 
 
 Insolvent Act of 1869. 
 In the matter of 
 
 A. B., 
 
 An insolvent, and 
 CD., 
 
 Claimant. 
 I, C. D., of , being duly sworn in 
 
 depose and say : 
 
 1. I am the claintant {or, the duly authorizx'd sigent of the 
 claimant in this behalf, and have a jiersonal knowledge of the mat- 
 ter hereinafter dojiosed to, oj* a member of the iirni of 
 claimants in tlio matter, and the said firm in composed of myself 
 
 and of K F., of ) 
 
 2. The insolvent is indebted to me {or to the claimant) in the 
 sum of dollai"s, for {here state the nature andjidvil- 
 culam of the claim., for which purpoxc reference may also be made 
 to accounts or doeaments annexed^ 
 
 3. I {or the claimant) hold no security foi- the claim, {or I or 
 the claimant) hold the following, and no other, security ior the 
 claim namely : {state the particulars of the ••security.) 
 
 To the best of my knowledge and belief, the security is of the 
 value of dollais. 
 
 Sworn before me at 
 this day of 
 
 1 
 
 And I have signed.