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Tous les autras exemplaires originaux sont film6s en comment ant par la premiere page qui comporte une empreinte d'lmpression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles sulvants apparaitra sur la dernlAre Imege de cheque microfiche, selon le cas: le symbols — »> signifie "A SUIVRE '. le symbols V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent dtre filmAs i des taux de reduction diff Arants. Lorsque le document est trop grand pour Atre reproduit en un seul clichi, il est filmA 6 partir de Tangle supArieur gauche, de gauche 6 droits, et de haut en bas. en prenant le nombre d'imeges nAcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 32X 1 r 2 3 ; -- 4 ■ 5 6 / ^ K I AN A r CONCERNING (I ■0 BANKRUPTS, AND THK ADMINISTRATION OF THEIR El1w%\ ^ CAr X. 7 VICTOUL'E. . »•*< FRliNTED BV S. DERBISHIUE & C4. DESBAKAtS, Printer to the auccn's Mo»t I',ncellpnt Majrfty> 1Sl3, i v^ .# An A( iiadi Ban trib^ mak out w '■ cil of 1 second dinnnce ji and dh '^" provide covery rupts, aditiini: relief o gross n debts ii and di; after re Most 1 coiLsen live As and as: an Act of Gre re-unit for the by the merch ! )' n CAP. X. jAn Act to repeal an Ordinance of Lower Ca- i nada, intituled, An Ordinance concerning Bankrupts, and the administration and dii - tribution of their estates and cffects,^^ and to make provision for the same object through- out the Province of Canada. I9th December, 1843.] WHEREAS it is desirable to repeal a certain P'«^a'"i'''^ Ordinance of the Governor and Special Coun- cil of the Province of Lower Canada, passed in the second year of Her Majesty's Reign, intituled. An Or- dinance cimccrnivg Bankrnpts, and the administration and distribution nf their estates and effects,''^ and to provide, by a general law of this Province, for the dis- covery and securing of the estates and effects of bank- rupts, for tlie benefit of their creditors, and for the administration and distribution thereof, and also for the relief of such traders as shall, without any fraud or gross misconduct, have become unable to pay all their debts in full, and who shall have made a full disclosure and discovery of all their estates and effects, as herein- after required ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legisla- tive Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Ujyper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that all persons being ^)[^'*r,TV'' merchants, or using the trade of merchandize, bankers, w mIdcX>,nk- A 2 '"l'^*' I Fruvino. hrokfi's, persons insuring" ships ov oilier vessels^, or theij Irei/^ht or other inatlers, against perils of the sea or ol inland navigation, builders, carpenters, shipwrights, keepers of inns, taverns, hotels or cofl'ee houses, millers, ■ lumberers or ship-owners, and all persons who, either for themselves or as agents or factors for others, seek their living by buying or selling, or by buying and^ letting for hire, or by the workmanship of goods or commodities, shall be deemed traders, within the scope and meaning of this Act : Provitled, that no farmer, grazier, conmion laborer or workman for hire, or mem- ber of or subscriber to any incorporated commercial or trading conjpany, established by Royal Charter or Legislative enactment, shall be deemed as such a trader liable by virtue of this Act, to become bankrupt. What shall iie actH of Itaiikruiitfy. II. And be it enacted, that every such trader who shall be arrested on mesne process, in any civil action founded on a demand proveable, in its nature, against a bankrupt's estate, according to the provisions of this Act, and who shall not give bail therein on or before the return day of such process ; and every such trader who shall fly or abscond for his personal safety from such arrest; and every such trader wdio shall be actual- ly imprisoned in or confmed upon the limits of any Gaol in this Province, for more than thirty days, either upon mesne process or in execution in any civil action, found- ed on a demand proveable as aforesaid, or who shall escape from any such imprisonment ; and every such trader whose goods or estate shall be attached on mesne process, in any civil action founded on a demand prove- able as aforesaid, who shall not dissolve or supersede such attachment by giving security or otherwise, with- in twenty days after the return day thereof; and every such trader who shall depart this Province, or abscond, or remain concealed therein, with intent to defraud his creditors; and every such trader who shall make, or cause to be made, within this Province, any fraudulent 4 a < \ ■J»^, or tht'ii fe sea or ol >ijnvri|rlu.s, -s, miJIers, ^'•o, either Jliers, seek luyiiior and, goods or the scope »o farnier, *, or iTieiu- "lercial or Niarter or 'h a trader •iipt. I ader who ivil action e, against onsnfthis ^ or before Lich trader he actual- any GaoJ ther upon >n, found- ^ho shall 'ery such on mesne id prove- upersede .'f se, with- nd every abscond, raud his nake, or ludulent grant or conveyance of any of Ills lands, liouseliold goods, or chattels, or any fraudulent gift, delivery or transfer of any of his monies, goods or chattels, or other effects or assets, or of his credits or evidences of debt ; and every such trader who shall willingly or fraudu- lently procure himself to be arrested, or his goods or chattels, debts or credits, lands or tenements, to be attached, distrained, sequestered or taken in execution ; and every such trader who shall remove or cause to be removed, or who shall conceal or cause to be concealed, any of his goods, chattels or effects, in order to prevent their being levied upon, or taken in execution under attachment or other process, shall be deemed to have thereby committed an act of bankruptcy. III. And be it enacted, that if any creditor of any ^^\^ 'gu|,')[ such trader, or the duly accredited and appointed agent monrd by his or attorney of any such creditor of such trader, shall Tf^l^^ox^ make an affidavit before the proper Judge or Commis- Commissioner. sioner, in the form specified in the Schedule hereunto annexed (A. No. 1,) of the truth of his debt, and that the debtor, as he veriiy believes, is such trader as afore- said, and that he has caused to be delivered to such trader personally, or to some grown person belonging to his family or his establishment, at his usual place of business, an account in writing of the particulars of his demand, with a notice thereunder requiring immediate payment thereof, in the form specified in the said Sche- dule (A. No. 2,) which affidavit shall be duly filed, it shall be lawful for such Judge or Commissioner to issu a Summons, in writing, in the form specified in the said Schedule (A. No. 3,) calling upon such trader to appear before him, and stating in such Summons the purpose for which such trader is called upon to appear, as hereinafter provided. IV. And be it enacted, that upon the appearance of Proceedingson any such trader so summoned as aforesaid, it shall be '^"^pp*"*"*^* G ""1"'"^'"'"^"" laulul for siicli .liuL'c or Commissioner to rociuire him HlllllMllllllllinS " 1 • I I ' . 1 to State vvlKHlier or not lie aiirnits the UtMnuiul uf Ins creditor, so sworn to as nCoresaid, or any and wliat part thereof; and if such trader shall admit the demand, or any part thereof, to reduce such admission into writing in the form specified in the Schedule hereunto annexeti, (15. No. ],)and the admission so reduced into writing he is herehy required to sign, and the same is thereupon to be filed ; and it shall also be lawful for the Judge or Commissioner to allow such trader, on his said ap- pearance, to make a deposition upon oath, in writing, under his hand, (to be also filed,) in the form specified in the said Schedule, (B. No. 2,) that he verily believes he has a good answer to the said demand, or to some and what part thereof ihotradcrso V. And bc it enacted, that if any such trader, so lUi'iin'g'to com- summoned as aforesaid, shall not come before the Judge ,.iy wiih the or Couunissioner, at the time appointed, (having no ot tills soction lawful unpedunent made known to, and allowed at the S'tl^mocoln- ^'"*^ ^^^^ ^^y ^'^® Judge or Commissioner,) or if any niiitni ail net such trader, upon his appearance to such Summons, o. bankruptcy, gjjj^n ^.^.f^gg ^.^ .^^|,„ij. ^j^^ demand, and shall not make a deposition in the form herein-before mentioned, that he believes he has a good answer to such demand, then and in either of the said cases, if such trader shall not, within twenty-one days after personal service of such Summons, pay, secure or compound for the demand, to the satisfaction of his creditor, or enter into a bond in such sum and with two sufficient sureties as the Judge or Commissioner shall approve of, to pay such sum as shall be recovered in any action which shall have been or shall thereafter be brought for the recov- ery of the same, together with such costs as shall be given in that action, every such trader shall be deemed to have committed an act of bankruptcy on the twenty- Proviso, second day after service of such Summons : Provided, a commission of bankruptcy shall issue against such VI ire liiiij llurliis ]at part land, or vriting Inexeil, [vriting Irciipon Judpe i\k\ ap- ritirii,', •eeifiecl elicves some so cler, Judgre ing no at the if any inions, uake a Iiat he , then II not, r such inand, bond s the sucli shall ecov- ill be 3med ?nty- ed,'a such trader vvitliiii two months I'lom the tiling <»(' the said utiiduvit of the creditor. VI. And be it enacted, that it' any such trader, so iradir rcfu* summoned as aforesaid, shall, upon his appearance i|',;,,."^|''«'''Jj.'; thereto, refuse to state whether or not he admits such (luimiufium. demand, or any part thereof, or, whatever may be the nature of his statement, siiali, notwithstanding, refuse to sign the admission in that behalf required as afore- said, it shall be deemed for the purposes of this Act, that every such trader thereby refuses to admit such demand : Provided always, that it shall be lawful for Provwo such Judge or Commissioner to enlarge the time for calling upon such trader to state whether or not he admits such demand or any part thereof, for such rea- sonable time as the said Judge or Conunissioner shall think fit. VII. And be it enacted, that if any such trader, so , Trader sign summoned as aforesaid, upon his said appearance, shall bS * illSriii"- sign an admission of the demand in the form aforesaid, fi'^ging the and shall not within twenty-one days next after the filing of such admission, pay or tender and offer to pay to his creditor the amount of the said demand, or secure or compound for the same to the satisfaction of his creditor, every such trader shall be deemed to have committed an act of bankruptcy on the twenty-second day after the filing of such admission : Provided a com- Proviso. mission of bankruptcy shall issue against such trader within two months from the filing of the said affidavit of the creditor. VIII. And be it enacted, that if any such trader, so Tradcrsigning summoned as aforesaid, shall, upon his said appearance, SrSanJ "^ sign an admission only for part of the demand, in the but not com form aforesaid, and shall not make a deposition in the Syj^^pjuire^ form herein-before required, that he believes he has a ments, good defence to the residue of the said demand,then, if 8 KUcI) Iriiilcr, as (o (lio kuiii no iuliiiillc(), nIiuII nut, with- in tvviMity-one days next alter the tiling ol' uuvU ud- inission, pay or tender and oiler to pay to Uin creditor the sum so admitted, or secure and conipc and for the same, to the satisfaction of the creditor, and as to the residue of such demand, shall not, within twenty-one days after personal service of such Summons, pay, secure, or compound for the same, to the satisfaction ol his creditor, or enter into u bond, in such sum and with two sullicient sureties, as the Judge or Commis- sioner shall approve of, to pay whatever sum shall be recovered in any action which shall have been, or shall thereafter be brought lor the recovery thereof, together with such costs as shall be given in that action, every such trader shall be deemed to have com- mitted an act of bankruptcy, on the twenty-second day ProviM. after the service of the Sunnnons : Provided a commis- sion of bankruptcy shall issue against such trader with- in two months from the filing of the said affidavit of the creditor. Lm*iB8ion"i"* IX. And be it enacted, that in any case, when any partofdemand, such trader SO summoned as aforesaid, shall, upon his may"be"ap- ®^'*^ appeafancc, make a deposition in the form herein- pointed to de- before required, that he believes he has a good anvvcr mountVue" * ^^ the Said demand, or to some and what part thereof, it shall and may be lawful for the Judge or Commis- sioner, on the application of the said trader, or of his creditor acting as aforesaid, to name one arbitrator, for the said trader to name a second, and for the creditor, whose claim is disputed, to name a third, to arbitrate and adjudge between the parties respectively as to such demand ; and in case either the said trader or the creditor shall refuse or neglect to name an arbitrator as aforesaid on his behalf, then the said Judge or Com- missioner shall nominate and appoint such arbitrator ; and the award and determination of any tw^o of them, the said arbitrators, shall be final and conclu.sive, unless the same lii'reinaK not, will bUL'll .lu( awaril a pay to delermii sec on; o his CIIM (oiiiiiiitt (lay ari( Provide against of the ^ X. ^ signed sununo him, Ol and cfl'( signed his app torney or any vince I such t at his ad miss vidcd i scribe tion tl to be trader, Attorn shall unto » tliu same siiall tu> set asidt; liy (lie ( 'oiii'loritcvicu', as lu'l't'ilialU'r pntv i(li deierniinati(Mi, if aii^ainst him, in whole or in part, or senn'i? or compound l'(»r the same, to the satisjaction of his creditor, every such trader shall he deemed to liav(^ committed an act ot hatdirnplcv on the twentv-second day alter the tiling of such award aiid determination : Provided, a comnussioii of bankruptcy shall issue ai^ainst such trader within two months iVuni the liiinu; of the said aflidavit of the creditor. X. Ami be it enacted, that an a(lmi^ ion of any debt Adi !•- <-l lliitri siji;ned by any such trader elsewiicre than belbre the "J",,.J.",. ' sununoning Judj^je or Commissioner, may be filed by iiotoirnJujiuo iiim, or on his behalf, and shail be of the same Ibrce ^j',,,,!^,"""""' and cflect, to all intents and purposes, as an adndssion signed by such trader, so summoned as aforesaid, on his appearance : Provided, there be present some At- torney of one of the Superior Courts of tliis Province, r any Notary Public in and for that part of the Pro- ProviHO. o Prii\iso. vince iieretoforc called Lower Canada, on behalf of such trader, expressly named by him atid attending' at his request, to inform him of the efl'ect of such admission, bel()re lie shall si«;n the same : And pro- vided also, that the said Attorney or Notary do sub- scribe ills nan. » hereto as a witness to the due execu- tion thereof, ajid in such attestation declare himself to be Attorney or \otary attending on behalf of such trader, and state therein that he subscribes as such Attorney or Notary : And provided, such admission rroviso. shall be in the ibrm ol" the Schedule (C. No. 1.) here- unto annexed. B 10 tnul-r kiuni- iii(tnt;cl. XI And be it enacted, tluit wlien any trader against whom an affidavit of debt is (iled as aforesaid, shall be summoned to appear before any Judge or Commission- er, as aforesaid, and sucii Summons shall be dismissed without any proceeding being thereupon taken against any such trader, every such trader shall have such costs and charges us the Judge or Commissioner shall think fit. to as at'oivsaid. Proviso. Co.u aiiowwj XII. And be it enacted, that in every action brought < as J^where" after the commencement of this Act, wherein any such the piaintiir creditor is plaintiff, and any such trader is defendant, sliall not re- , , .r i • ./y» i H i cover the a- and whcrcm the plaintiff shall not recover the amount mount sworn ^f ^j^^, ^^^^ ^^^ ^^l^'^^^^ ^^ gjj^H |jj^^.g ^|gj ^„ affidavit under the provisions of this Act, such defendant shall be entitled to costs* of suit, to be taxed according to the custom of the Court in which such action shall have been brought : Provided, that it shall be made to appear, to the satisfaction of the Court in w' ich such action is brought, upon motion to be made in ^ourt for that purpose, and upon hearing the parties by affidavit, that the plaintiff in such action had not any reasonable or probable cause for making such affidavit of debt, in Proviso, such amount as aforesaid : And provided, such Court shall thereupon, by a rule or order, direct that such costs shall be allowed to the defendant ; and the plain- tifT shall, upon such rule or order being made, be disa- bled from taking out any execution for the sum recov- ered in the said action, unless the same shall exceed (and then in the sum only that the same shall exceed) the amount of the taxed costs of the defendant ; and in case the sum recovered in the said action shall be less than the amount of the costs of the defendant, to be taxed as afore^riid, that then the defendant shall be en- titled, after deducting the sum of money recovered by he plaintiff in such action, from the amount of his costs, so to be taxed as aforesaid, to take out execution for such costs, in like manner as a defendant may now hy law have execution for costs in other cases. 11 J, shall be [mmission- 1 dismissed Jn against lave such )ner shall n brought any such lef'endant, e amount affidavit dant shall cording to :;tion shall B made to ' ich such 'ourt for y affidavit, reasonable of debt, in uch Court that such the plain- ?, be disa- I \im recov- i 11 exceed I exceed) t ; and in II be less nt, to be *< ill be en- vered by (lis costs, \ Jtion for ' now hy XITI. And be it enacted, that if any plaintiff shall i„^''';;jj,,l:i:;;j recover judgment in any action personal, in any of Herjudirin.nt in a Majesty's Courts of Record, in this Province, against ^3^"^ any such trader, and shall be in a situation to sue out ^r- execution thereupon, and there be nothing due from the plaintiff by way of set off against his judgment, and such trader shall not, within twenty-one days after notice in writing personally served upon him requiring immediate payment, pay, secure or compound for the same, to the satisfaction of the plaintiff, he shall be deemed to have committed an act of bankruptcy upon the twenty-second dny after the service of such notice : Provided always, that if such execution shall in the mean time be suspended or restrained by any rule, order or proceeding of any Court having jurisdiction in that behalf, no further proceeding shall be had upon such notice, but that it shall be lawful nevertheless for such plaintiff, when lie shall again be in a situation to sue out execution on such judgment, to proceed affain bv notice in manner before directed. XIV. And be it enacted, that if any decree or order Trader re- shall be pronounced in any cause depending in any ^^^"^ onitwd Court of Law or Equity, or any order be made in any to be paid t.y a matter of bankruptcy or lunacy against any such trader SJuRv.'^'*"^ ordering him to pay any sum of money, and such trader shall disobey such order, the same having been duly served upon him, the person entitled to receive the money under such decree or order, or interested in enforcing the payment thereof pursuant thereto, may apply to the Court by which the same shall have been pronounced, to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose ; and if such trader, being per- sonally served with such last mentioned order twenty- one days before the day therein appointed for payment of the money, shall neglect to pay the same, he shall b2 ll) I A'' 12 be (leomod lo liavc ('omiuilU'd an act dI bankni|)U'v on tlie twenty-second day alter tiie service olsnch order. A certain XV. And be it enacted, that if any trader sliall fdc, ilwlaralion vo- . , , t i ^^ • • • i • i t • . luhturiiy made With the Jud^c or Comniissioner within tiie District be^rit iTf "1 which such trader resides, or in which he has his bankrui.tcy, usual pUicc of business, a declaration in writing in the form of the Schedule (1>) hereunto annexed, signed by such trader, and attested by an Attorr.ey or Notary as aforesaid, that he is unable to meet his engagements, every such trader shall be deemed thereby to have committed an act of bankruptcy at the time of filing such declaration, provided a commission of bankruptcy shall issue against such trader within two months from the filing of such declaration ; and a (iopy of such de- claration, sealed ^vith the se;il of the Court over which the Judge shall preside, or with the seal of the Com- missioner with whom the same shall be filed, sball be received as evidence of such declaration having been filed. Within what XVI. And bc it enacted, that no trader shall be liable lion of Tank- to bccomc bankrupt by reason of any act of bankruptcy ruptcy may is- committed more than four months prior to the issuing of a commission of bankruptcy against him. I sue. nouXKm- XVII. And be it enacted, that no commission of cd invalid if baukruptcv sliall be deemed invalid bv reason of any greement. act of bankruptcy of the person against whom such commission shall be issued, having been concerted or agreed upon between the bankrupt and any creditor or other person. Publication XVIII. And bc it enacted, that if the bankrupt slon'^or'S- shall iiot, (if he were within the Province at the date ruptcy in the Qf ^i^g commission.) withiu twenty-one days after Canada Ua- . /» i i i • i /^ p e-i i zette to he evi- uotice 01 the bankruptcy in the Gazette of Canada, or fain facti *^" (^^ ^^^ ^^ '^^^ Province at the date of the commission menced ai tlie comm due dilige notice shj criminal actions against tli ing any r the bank mission i suing for com miss same is s XIX. ties, con niade or ruptcy, dorser, I ^ ty over other pi propert in cont sons V I chaser be de and th to clai of the such discbi aUva; any I than agair this 1 ings la |lll|)U'v (Ml 111 order. Miall fiie, I^istrict e Ijas his g in tlie si'iUnecl by '^otary as '^eineiKs^ to liave of filing mkruptcy itlis from such de- Pr which Hie Coin- sl^all be 'iJig been be h'able nkruptcy e issuinjr lission of 1 of any ^m such verted or aditor or 4 ankrupt the date s after lada, or tiiission within four monilis after sudi notice,) have com- menced an action, suit, or o*-)er proceeding to dispute the commission, and have jsecuted the same with due diligence and effect, t!sc Gazette containing such notice shall be conclusive evidence in all cases, as well criminal as civil, against the bankrupt, and in all actions at law, or suits in equity, brought by, or against the assignees, or by or against any person claim- ing any right, estate, or interest, by, through or under tiie bankrupt, that such person against whom the com- mission issued became a bankrupt before the date and suing forth of the said commission, and that such commission was sued forth on the day in which the same is stated in the Gazette to bear date. \l XIX. And be it enacted, that all payments, securi-,.^^^^;];;''^'}.;;; ties, conveyances or transfers of property, or agreements tUo purpose of made or given by any trader in contemplation of bank- ^J-p/efen""'^"^ ruptcy, and for the purpose of giving ativ creditor, in- anycndUorto , f^ *" ^ ,/ ' '^ ^ ,. "^ '. . be void. dorser, surety or other person, any preference or priori- ty over the general creditors of such bankrupt, and all other payments, securities, conveyances or transfers of property or agreements, made or given by such trader in contemplation of bankruptcy, to any person or per- sons whatever, not being a 6o7/<^ ^c/e creditor or pur- chaser for a valuable consideration without notice, shall be deemed utterly void, and a fraud under this Act ; and the assignees under the bankruptcy shall be entitled to claim, sue for, recover and receive the same as part of the assets of the bankrupt, and ihe person making such unlawful preference or payment shall receive no discharge under the provisions of this Act : Provided always, that all dealings and transactions, by and with any bankrupt, bond fide made and entered into more than thirty days before the issuing of the commission against him, shall not be invalidated or affected by this Act : Provided, that the other party to such deal- transaction had no notice c Proviso, Proviso, mirs prior m Who shall Ih" or act as ('i)iiiiiiis,sii)nnt' 14 ruplcy : And provided al,s(», that nothiiii* in this Act contained shall be construed to annul, d(\stroy or im- pair any lawful rights of married women, or minors, or any liens, mortgages, hypothecs or other securities on property, real or personal, which may be valid by the laws of any part of this Province, and which are not inconsistent with the provisions of this Act. XX. And be it enacted, that the several Judges of j*^'' the District Courts in this Province, and the several on.aniiruj.ts. Commissioners appointed under the Ordinance of l^ower Canada concerning bankrupts, or to be hereafter ap- pointed, shall and may within their respective Districts, locality and jurisdiction, exercise, fullil and perforin, the acts, powers, duties and authority, by tliis Act vested in, given to, or directed or authorized to be per- formed by them, for the several purposes in this Act Proviso, contained : I rovided, that nothing in this Act con- tained shall prevent the Governor from removing any one or more of the Commissioners heretofore appointed, as in and by the said Ordinance is declared and pro- vided : And provided also, that in any District in this Province, where the business may appear to be greater than the Judge of the District Court can conveniently dispose of, it shall be lawful for the Governor, from time to time, to appoint a Commissioner to have con- current jurisdiction, power and authority, in matters of bankruptcy within such District with the Judge there- of, and to remove such Commissioner, and appoint another in his place : And provided always, that no person shall be a Judge or Commissioner as aforesaid in this Province, unless he be a Barrister at Law, of at least five years standing. ProA ISO. Proviso. XXI. And be it enacted, that the amount of the ?e"tithrcre!p()int that no oresaid j ', of at S of the ioning shaJI ' such ^creditor, or of two or more persons, being partnersj, sion ..r bank, petitioning for the same, sliali amount to fifty pounds '"^''^" or upwanls ; and the debts of two creditors, so peti- tioning, shall amount to seventy pounds or upwards ; and the debts of three or more creditors, so petitioning, shall amount to one hundred pounds or upwards; and that every person who has given credit to any trader, upon valuable consideration, for any sum payable at a certain time, which time shall not have arrived when such trader committed an act of bankruptcy, may so petition, or join in petitioning as aforesaid, whether lie shall have had any security in writing for such sum or not. XXII. And be it enacted, that after any act of bank- issuinjr of the ruptcy as aforesaid committed, such creditor may make ^n/"'!^^^^^^^ application, upon affidavit, to the Judge or Commis ings uicreon. sioner forthe District within which such trader resides, or has his usual place of business, setting forth the na- ture and amount of the debt due to him by such trader, and the act of bankruptcy by him committed ; which act of bankruptcy shall also be proved on the oath of at least one credible witness, not being a creditor of the trader ; and thereupon it shall and may be lawful for such Judge or Commissioner, by commission under his hand and seal, to appoint and authorize the Sheriff of the District aforesaid, to take and receive possession of all the estate, real and personal, of such trader, except- ing such as may be by law exempted from attachment, and of all the deeds, books of account and papers, of such trader, and to keep the same safely until the ap- pointment of assignees. XXIII. And be it enacted, that the Judge or Com- First mrriin^ missioner shall, in the commission, fix the day and JoiXd'!""^"* '''' place for the first meeting of the creditors of such bank- rupt, which shall be at some convenient place within the District wherein such commission is issued ; and 16 k Ni'ticc to hi- given. llie time sliall not he less than fourlecii days, nor nior** tliaii thirty clays, alter the date oi' the cuininission. XXIV. And l)e it enacted, that the Sheriff shall Ibrthwith give public notice in such newspapers within the District as the Judge or Commissioner shall de- signate, and also such personal or other notice to any person concerned, as the Judge or Commissioner shall prescribe, setting forth the issuing of the commission, and naming the day and place appointed in such com- mission for the meeting of the creditors of the bank- rupt ; and further, that such Sheriff shall forthwith transmit a similar notice for insertion in the Gazette of Proviso— Canada, which notice shall be in the form in the piiTtJ awidTnJ ^tjhedule (E.) to this Act annexed: Provided always, nrvice of no"- that if iu any case it shall be shewn by affidavit to the lor '"* ' ^ Judge or Conunissioner, that the party to whom any Summons is directed, or on whom any notice is ap- pointed to be served, in pursuance ot any provision of this Act, is keeping out of the way, and carmot be per- sonally served with such Summons or notice, it shall be law^ful for the Judj»e or Commissioner to order, by endorsement on such Summons or notice, that the de- livery of a copy thereof to the wife or servant, or some adult inmate of the family of such parly, at his usual place of abode, and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to per- sonal service, and in every such case the service of such Summons or notice, in pursuance of such order, shall be deemed and taken to be of the same force and effect, to all intents and purposes, as if a copy of such Sum- mons or notice had been delivered to the party or person. shrrifrtotake XXV. And be it enacted, that the Sheriff shall, as thrhankrupit ^^ou as may be after the issue of the commission, de- wtatc. mand and receive from the bankrupt, and from all other persons, all the estate in his or in their possession which b( books of bankrup part of t as may shall di then be enable and the ing a fu place o and th also set ed on also tl statem or othe same, ^ ing of shall t ^ XX missio proof ( who whicl be mj recori and t prov( the J sign( choi cred any oft 17 nor iiioiv issioii. leriflT shall )ers within shall de- ice to any oner shall Jmmission, such coiu- the bank- ^irthwith Gazette oi' nn in the nd always, avit to the kliom any ice is ap- rovision of lot he por- t5e, it shall order, by at the de- I, or some his usnal thereol" to nt to per- •e of such ^er, shall md eflect, ich Sum- party or sliall, as ision, de- from all [)ssession i which belongs to such bankrupt, with all the deeds, books of account and papers relating thereto ; and the bankrupt shall accordingly deliver to the Sheriff such part of the said estate and other things above specified as may then be within his possession or power, and shall disclose the situation of such parts thereof as may then be in the possession of any other person, or so to enable the Sheriff to demand and receive the same ; and the bankrupt shall also make a schedule contain- ^^kra*^ whe" ing a full and true account of all his creditors, with the duie of his place of residence of each creditor, if known to him, '^^^^' and the sum due to each ; and the said schedule shall also set forth the nature of each debt, whether found- ed on written security, on account, or otherwise, and also the true cause or consideration thereof, and a statement of any existing mortgage, hypothec, pledge, or other collateral security, given for the payment of the same, which schedule he shall produce at the first meet- ing of his creditors, to be delivered to the assignees who shall then be chosen. XXVI. And be it enacted, that the Judge or Com- p^JJ^SI^JS^! missioner shall attend the meeting, and shall receive signeeschosen. proof of the debts due to the creditors of such bankrupt who shall be present, and shall allow all the debts which shall be duly proved, and cause a list thereof to be made, which shall be certified by himself, and be recorded and filed with the other papers in the case ; and the creditors so present as aforesaid, who shall have proved their debts, shall then proceed in presence of the Judge or Commissioner to choose one or more as- signee or assignees of the estate of the bankrupt, such choice to be made by the greater part in value of the creditors according to the debts then proved. XXVII. And be it enacted, that before such meeting creditor ma» any creditor desiring to vote thereat, may make oath ney after ^iuiy of the amount and nature of the debt due to him by proving their J-, *' claims, 13 I ii r f m k Coinniissioner may rcijuirc further proof oJdcbt ; Appeal. such bankrupt, and at such meeting any person duly authorized by a creditor, and producing the affidavit of debt, and a letter ol" attorney from such creditor, the execution whereof shall in like manner be proved by oath, shall be entitled to have the debt of such creditor allowed and included in such list as aforesaid, (provided the alHdavit shall in the opinion of such Judge or Com- missioner sufficiently prove the same) and to vote in the choice of assignees. XXVIII. And be it enacted, that the Judge or Commissioner may, in his discretion, require further proof on oath of any debt claimed before him, and may examine the party claiming the same, or the agent who shall present the claim in his behalf, and also the bank- rupt, on their respective oaths, on all matters relating to such claim ; and any supposed creditor or person in- terested in the administration of the bankrupt's estate who shal.' be dissatisfied with the decision of the Judge or Commissioner, in regard to the rejection or .idmission of any claim, may appeal from such decision, and have the matter determined in a summary way by the Court of Review hereinafter mentioned. XXIX. And be it enacted, that in case no choice of an assignee or assignees shall be made by the creditors at the said first meeting, the Judge or Commissioner shall appoint one or more assignees, and if any assignee so chosen or appointed shall not, within six days after notice thereof, signify his acceptance in writing, and delivered to such Judge or Commissioner, then his election or appointment shall be considered void, and the Judge or Commissioner shall from time to time proceed to appoint until the acceptance is duly signified. Aseignecs ac- XXX. And bc it euactcd, that as soon as such ac- appoSftcd'* bj ceptance shall be signified to the Judge or Commissioner an instrument, as aforesaid, lie shall, by an instrument under his hand In case of fail' ure to elect as- signees, the Commissioner may appoint them. I I'son duly affidavit of Pditor, the proved by [h creditor [(provided ■ or Com- Ito vote in Judge or |re further and may (agent who the bank- [reiating to erson in- pt*s estate 'ion of the [ejection or 1 decision, n^ary way ;d. ) choice of J creditors imissioner Y assignee days after iting, and then his void, and 3 to time signified. such ac- lissioner his hand I 19 and seal, deck.i ♦; the choice or appointment ofsucli a: signees and their acceptance ; and the said instrument shall be executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be linally deposited, and the other shall be delivered to the assignees ; and either of such duplicates, purporting to be under such hand Effector copir. and seal, shall be received m all Courts m this Pro- luei.t vince, as primA facie evidence that the same was exe- cuted on the day on which it purports to bear date, and that the assignees named therein were duly chosen and appointed, and accepted the office, and of their au- thority to bring and defend actions and suits in that character. XXXI. And be it enacted, that the said instrument. Powers of the so signed and sealed as aforesaid, shall vest, and be H'r^sTh in- construed (o vest in the assignees named therein, all strument. the property of the bankrupt, both real and personal, which he could in any way have lawfully sold, assign- ed or conveyed, or which might have been taken in ex- ecution on any judgment against him at the date of the Commission, although the same may then be attached on mesne process as the property of the said bankrupt and any such attachment shall, by such instrument, be superseded and dissolved; and the said instrument Estate ofUnk- shall vest, and be construed to vest in the assignees na- fhSi/^*'*'^ '" med therein, all debts due to the bankrupt, or to any person in trust for him or to his use, all liens and se- curities therefor, and all the bankrupt's rights of action ReJeeming in- fer any goods or estate, real or personal, and all his *^"'"^'^*"<=*''- rights of redeeming any such goods or estate, and shall give power to the assignees named therein to redeem all mortgages, hypothecs, conditional contracts, pledges and liens of or upon any goods or estate of the bankrupt, or to sell the same subject to such mortgage or other in- cumbrance ; and the bankrupt shall likewise, at the ex.- Bankrupt to pense of the estate, make and execute all such deeds Sa™ Jcts"*^ c2 20 'M and writings, and endorse all such bills, notes and utiier negotiable papers, and draw checks and orders for monies deposited, and do all such other lawful acts and things as the assignees shall at any time reasonably require, and which may be necessary for enabling the assignees to demand, recover and receive all his estate and eflfects, whether in or out of this Province, and the assignees shall have the like remedy to recover all the said estate, debts and effects, in their own names, as the bankrupt might have had if no commission had issued Kuita pending, agaiust him ; and if at the date of such commission any bankrupt' is^ suit or actlou shall be pending in the name of the bank- piirty. rupt, for the recovery of any debt or other thing, which might or ought to pass to the assignee or assignees, such assignee or assignees, if they desire it, shall be admitted to intervene and become a party to, and to substitute their names for that of the bankrupt, and thenceforth in their own names to prosecute, in like manner and to the like effect, as if the same had been originally com- Death of the mcnccd by them as such assignees ; and in case of the pankrupt. jgath or Tcmoval of any assignee, the surviving or remaining assignee, or the new assignee, as the case may be, shall, upon his application to be admitted to prosecute such suit or action, and to the like effect, as if the same had been originally commenced by him ; and if the bankrupt shall die after the date of the said commission, all proceedings shall notwithstanding be continued and concluded in the like manner, and with the same validity and effect as if he had lived ; and in that case the allowance to the bankrupt on the net produce of his estate, if any, shall be paid to his execu- tors or administrators, and shall be disposed of and distributed in the same manner as any other property of which he may die possessed. Duties of the XXXII. And be it enacted, that the assignees shall assignee.. forthwith give public notice of their election or appoint- ment, in such manner as the Judge or Commissioner liiall direct] ^eriff, anil 3iroperty of 4iton, respe^ [ive been Jis Act ; ^ects of t1 (ifecessary al and shall sf real and { come to th and obtain irtiall tliinl iball keep iti they si eflects wli taid bank! tvho shall ghall at al i:ime; an< Jeceiving Estate, de Is assign ipart froi hey sha roods an( ipart fro jignated roods ai ;uished , lay no lti)r for t |ftllowed |the ne( Idischar under \ submit linent < 21 and other dtM's for •lets and 'asonably bling the lis estate , and the ?r all the ^s, as the ad issued ssion any lie bank- g, which ees, such admitted ubstitute ?ncefortli er and to ^^^y com- se of the living or the case admitted fe effect, by him ; the said iding be nd with Jd ; and the net i execu- of and roperty 3s shall ppoint- ssioner Collccliii" ihall direct ; and shull demand ami receive iVoni tlu> ^eriiV, and from all other persons, all (ho estate and 3toperty of whatever description in his or their posses- 4ibn, respectively, which shall have been vested or Ave been intended to be vested in them according to tiis Act ; and they shall collect all the debts and sficcts of the bankrupt, and for that purpose bring all '^'''"^''• necessary actions in their own names as such assignees, and shall sell and dispose of all the estate and property, sdiing pro- real and personal, of the said bankrupt, which shall ''"'^' come to their hands, or over which they shall procure and obtain a power of disposition, on such terms as they diall think best for the interest of the creditors ; and iftiall keep one or more distinct books of account, where- Kcrping or- lb they shall duly enter all sums of money and other ^Xo^ "' " " efl'ects which they shall get in or receive out of the •aid bankrupt's estate, to which books every creditor who shall have proved his debt, or his agent or attorney, ihall at all reasonable times have resort to inspect the (i:ime ; and the assignees shall, as soon as may be after feceiving any monies belonging to the bankrupt's Estate, deposit the same in some bank in their names Is assignees, or otherwise keep the same distinct and part from all other monies in their possession ; and ley shall likewise, as far as practicable, keep all the ;oods and effects belonging to such estate separate and ipart from all other goods in their possession, or de- |ignated by appropriate marks, so that the monies, oods and effects, of such estate may be easily distin- uished from other like things in their possession, and ay not be exposed to be taken as their property, wor for the payment of their debts ; and they shall be paying dis. pllowed to retain out of the monies in their hands all I'ursements. Ithe necessary disbursements made by them in the fdischarge of their duty ; and they shall have power, Referring to mnder the direction of the Judge or Commissioner, to " '^'**'"°- submit any controversy that shall arise in the settle- |ment of any demands against the estate of the bank- hi I i I ¥ 82 nipt, or of debts due to liis estate, to the detenu inatioi of one or more arbitrators, to be chosen by tlie as signces and the other party to such controversy ; anc the assignees sliall likewise have power, under tht direction of the Judge or Commissioner, to compouni and settle any such controversy by ai^rccment w'lii the other party thereto, as thoy shall think proper How credit- and most for the interest of the creditors ; and it shall ore imiy rr- jjg [j^ i\^q power of tlic credltoFs, by sucli a vote as is move uBHiijnepa •ii.*^i •• • /•!•« and ai-jKjiiit providcd m the twenty-sixth section oi this Act for others ^jjg choice of assignees, at any regular meeting called by order of the Judge or Commissioner for that pur- pose, and called in his discretion, on the application of a majority of (he creditors who have proved their • debts either in number or value, to remove all or an} of the assignees ; and upon such removal, or upon any vacancy by death or otherwise, the said creditors may, in manner hereinbefore mentioned, choose other as- signees in their place, who shall notify their acceptance, and obtain the same kind of instrument from the Judge or Commissioner, and give notice thereof as the original Power of assignees are required to do; and all tiie estate of the such new as- bankrupt, not before lawfully disposed of, shall forthwith "finees. ^^^ ^^^^ thcncefortli become vested in such new assignees, as if they had originally been elected or appointed as aforesaid ; and the former assignees, and their executors or administrators, shall, on the request and at the expense of the estate in the hands of the new assignees, make and execute to them all such deeds, conveyances and assurances, and do all such other acts and things, as may be needful or proper to enable the new assignees to demand, recover, receive, sell and Death of as- ^isposc of all the Said estate ; and the provisions of this Act shall apply to the survivors, when more than one assignee was originally chosen or . ■ vaei and the others or other shall happen to die. signces. What pro- ceedlngB to be .\ rXXIII. And be it enacted, that whenever the as- glgnee sha Of tlie bai ^tftte belt) .#f the JutI •iie assign ^:'ter whi( |is.:iignees Appointed tiso in » ■teuch oth iCommiss icall upon 'claim to. /known t< lexicnt ill t'v.: *;iy I heard ai shall be the expi i publicat of Cana XXX ' upon OI ; in the shall pi parties claim « in "whc ^ such c { judged and if I havinj lowec •^fore:^ discrt tified vate i 23 ] ... oiwl fur the intcrcsv , • n„H ^nfe* I a.nll deem it aavantngeous, and l'^''}^ j^l Z d-ii t- Jenee snau uLcm rreil tors, to sell any »^" -,.iir.»i r-tute ,lenimmtio,5,?;i,e bankrupt and "' '™\, |,«U be the .Inty "„',•'',,.. i.«k- by the as t;.e belonging '." »^«; V ^ ."^ ' '.u tlu- "Ppl'C»ti"" o ™,. .versy ; ant ^ il,c Judge ■" ^"'" ^ "'", , '„,,„„i„t a dov upon or , under tlulc assignees "'^'""'""'•'•'.V ..J, ,)la.e, and IW s""' .compouna'tor wbicU sneb »"'« "'^,tn,, 'ct'-C M'e day «.; Mncnt vvitli ;,,,g„ees sball '*' "^"l*! r fmn.issioncr the nature and application ,kn„wn t- th-' JV''^*^ "-V,^"'^ leastmteen days before .ro^^d their :"„nt tl.e f, '." I^/'^^'m X »"* *"■" '"^^ 'l! p...... call or any ,1, ' ay so al-pointed, '« o™" provided, that no sale ,r upon an'y l.eard and d^t^^jf Jflce at a d^y earlier than editors may, shall be appomted to take P ^^^f,„„, the n st = other as- the exp ration ol four c^c^ ^^ ^^^^^^^^ acceptance, , publication of the auveru» m the Judge of Canada. , . ,„ ctoimoipon I the original . , , .,. „„oMed that if any claim Wi „,, e,t«ie Jc- ,stateof the XXXIV. Andbe '» ™^f,',Ve, shall be made with- «jj^ dl forthwith ' upon or respecting sue real es, ^^ commissioner" ,^a.r. such new ; 2 the period f^or^-^^^^ ;Z( and hearing o the of.. -u.u , elected or shall proceed after necessary P^^ ^^ ^^^^ and if the • parties, to adjudge »"* J/^h,,l be ^ ^jectto in whole or m part, t"^ " „,, ., .hall have been ad- s"ch claim in whole or '" P» J^ s^ accordingly ; fudged and def "?'"<"*' ^"u be made as aforesaid, or and if no such <='»"", '•^i' *'^ioUy rejected or disal- having been «'»'1<' t^i rfaeras appointed in manner owed, the sale may take pl»'=« *Yhavc power in their Ssaid, and tl»/feTtl^ty appointed and no- discretion, at any V"',Ser by P«W''> «»'=''''" "' "^Z lignees, and the request Is of the new such deeds, h other acts enable the ve, sell and i irovisions of n 11) ore than ' )ol!Ue i and ever the as- I 24 Proviso. them may seem most advantageous and for the interei of the bankrupt and his creditors ; and every deed c conveyance executed by the assignees, according \ the usual form of law, in furtherance and executio of a sale or sales made as aforesaid, shall have the lik force and elFect in avoiding claims or incumbrances oi the real estate so conveyed, as if the sale and deed o J conveyance had been made by a Sheriff under the a\i thority of a writ of execution against lands and tene ments issuing out of any Court of Common Law ii ; this Province; Provided always, that an appeal shal : lie to the proper Court of Review against any adjudi cation or determination of the said Judge or Commis sioner, by the assignees of the bankrupt, or by the party setting up any such claim to, upon or respecting sucii estate as aforesaid. XXXV. And be it enacted, that all debts due and \i Debts owing rupt' may^"bc payable by any bankrupt, at the date of the commis- proved ai- sion agaiust him, may be proved and allowed against term^of credit his estato, and all debts then absolutely due, although be not expired, j^qj- payable utttil aftcrwards, may be proved and allow- ed as if payable presently, with a discount or rebate of interest, when no interest is payable by the contract until the time when the debt would become payable ; and all monies due by any bankrupt, on any bottomry or respondentia bond, or on any policy of insurance, may be proved and allowed, in case the contingency or loss should happen before the declaring of the first divi- dend, in like manner as if the same had happened be- fore the date of the commission ; and in case the bank- rupt shall be liable for any debt, in consequence of hav- ing made or indorsed any bill of exchange or promisso- ry note before the date of the commission, or in conse- quence of the payment by any party to any bill or note of the whole, or any part of the money secured thereby, or of the payment of any sum of money by a surety of the bankrupt in any contract whatsoever, although such payn»*ii'V coinukif^^- i-tlic livsi i the pvivpl ;: such bill) made ov the said I rui)l be cUilui oi"! VU\>'t, l'''^ rapt, tml lo lUe I \ract>v \)erty oil ace I eil, tuU lowed and n* be pro vupt ; niutua persoi betwc olY ag <.M ( •W: \ k the intere [very deed c i according \ .[d executio 1 liavethelilc ! [mbrances oi { and deed o Ner the au hjs and tene Kn Law ir appeal sha] any adjudi or Com mis ^y the party Pecting sucli :ii':> ^bts due and the commis- ^ved against ue, although a and allow- ing or rebate the contract "« payable; ?y bottomry insurance, 'tingencyor le first divi- ^ PPened be- : ethebank- nce of hav- o 'promisso- r f in conse- 5 iii or note 'd thereby, I surety of , o"ghsuch ; us against en (o the laws oi' ih-^ pari, ol'tliis Province wiicre suds cvu- Iract was nia;rully obiain- I ed, titken, or withhekl by liiiu, may be proved and ij-j lowed to the amount oi' the worth of the pMopeJivj and no debt other than those above mentioned sli'all be proved or allowed against the estate oC any batik- rupt; and when it shall apj)ear that there has been Muuii mutual credit given by the banhrupt a'lJ Juiy oilier ))erson, or mutual debts between them, the account between them shall be stated, and one (Icblsiiidl i;e set oir against the other, and the balance of i-rch account, and no more, shall be alloAved and paid on either side respectively; and when any crecHtor sl-all have any ^ hypothec or mortgage, lien or security, upon or of ai'.y •" real estate of the baidvrupt at tlio date 01 the commis- sion, or ji n Y pi p( j TO O : ' or lii:n r-a r.iiy n ersorud property of the bankrupt, lor^ectrfrn4 the })aym(!nt;of any"i]cT)r claimed by him, th.e properly, re;jl or personal, so li;tl>le or held as securily, s!k\iI, if he jvomrciv be sold, and the proceeds shall ])e ap.plicii t<) wards l!ie payment oi his debt, and he sliall !)c adndlted as a creditor {'■))• the residue thereof, ii" anv, iuul such sale shall be Uiade in such maimer as the .Jiidge or Commissioner siiail order, ruid th(* creditor iUid a; .-i'^nce, respectivelv, shall exe- cute all such deeds aiul pi'.pers as may be no^essarv I) '('hiiiii.s for |0(jjs Wiun;!- lllv ilct.lilK.'ll. cri'iiii 1:1? "•"tn. 26 L EVL' or proper for effecting the conveyance ; and if the cre- ditor shall not req uire such sale, and join in effecting the conveyance, he may release and deliver up to the assignee the premises so held as security, and shall thereupon be admitted as a creditor lor the whole of his said debt ; ??)d if the said property shall not be either old or released, and delivered up as aforesaid, the cre- ditor shall not be allowed to prove any part of his debt secured thereby. Commissioner XXXVI. And bc it enacted, that the Judge or Com- to8i^mo^nrnd missiouer shall have full power, by writing under his enforce the at- ijand, to summon anv witness to be examined on oath tendance ot' i/. i.\ i- ■ • i witnessea. (to be taken before him) touchmg and concernmg the 5 several matters which may arise in any case in bank- * ruptcy, and to enforce the attendance of and to compel such witness to answer, by the like means, and to the same extent, as may be used or done in any of the Su- perior Courts of Record. Conveyances, XXXVII. And bc it cnactcd, that all conveyances fuk by the and contracts, and other dealings and transactions by fore^thf c^'om- ^"^ ^^^^^^ ^'^y bankrupt, bond fide made and entered into mission to be before the date of the commission against him, and all executions against the lands and tenements, goods and chattels of such bankrupt, honctfide executed and levied before the date of such commission shall be valid, not- withstanding any act of bankruptcy by him committed : Provided the person so dealing with such bankrupt, or at Avhose suit or on whose account such execution issued, had not at the time of such conveyance, con- tract, dealing or transaction, or at the time of levying such execution, notice of any act of bankruptcy before then committed by such bankrupt. Payments Art- XXXVIII. And be itenacted, that all payments bona "« M madeto /?^/c made by any bankrupt or any person on his be- before th" com- half, before the date of the commission, to a creditor of Talid. such banl preferenc ■withstan( rupt com any banl< ibe deem( i ruptcy ; shall not \ the deb ; assignee of such had bee s xx:x| goods, tarm of by reas nor sha prel'crei thereof bankru state ai may, i transiti of wh similai Englai XL sioner credit montl or Cc distal at wl prove whic fied ! |if the cre- effecting 1"P to the J and shall [hole of his be either |d, the cre- 5f his debt e or Com- under his d on oath rning the in bank- to compel "id to the DftheSu- nveyances ictions by tered into 1, and all roods and tnd levied alid, not- nmitted : ankrupt, xecution ice, con- levying y before Its bo7id his be- iitor of 27 euch bankrupt, (such payment not being a fraudulent ™jj"" t" ^^ preference ofthe creditor,) shall be deemed valid, not- withstanding any prior act of bankruptcy by such bank- rupt committed ; and all payments band Jide made to any bankrupt before the date of the commission, shall i^be deemed valid notwithstanding any prior actof bank- f ruptcy by such bankrupt committed, and the creditor I shall not be liable to refund the sum to the assignee, or I the debtor of the bankrupt to make re-payments to the I assignee, provided they respectively had not, at the time of such payment, notice that such act of bankruptcy had been committed. XXXIX, And be it enacted, that no revendication of Goods sold goods, sold and delivered to the bankrupt without day or Jupj'^^wuhollt tarm of payirient shall be allowed to the vendor thereof, term of [«>- by reason of the non-payment of the price of the same ; '"*'"* nor shall the vendor of any goods be entitled to claim a j preference on the proceeds of such goods for the price thereof, by reason of their being in the possession of the bankrupt at the time of the bankruptcy, in the same state and condition as when sold to him ; but the vendor may, in case of the failure of the purchase, stop in transitu or reclaim the goods sold by him, and the price of which has not been paid to him, as may, under similar circumstances, be done according to the law of England, and not otherwise. XL. And be it enacted, that the Judge or Commis- sioner shall appoint a second general meeting ofthe said creditors, to be held at such time, not more than three months after the date of the commission, as suck Judge or Commissioner shall think fit, regard being had to the distance at which the creditors or any of them reside, at which meeting any creditors who have not before proved their debts shall be allowed to prove the same, which shall be allowed, and a list thereof made, certi- fied and filed in like manner as is provided in respect n2 8eroi *1 nioct- •^8 ol' debts proved at the first meeliii<^' ; mid tlic bankrup^igiier, am Tp'^'I'mS^^^ shall there be allowed to amend (he schedule ol' his cr(')f^)tUc! ^^^'^ i.ii.i i.u.stpii (jitors, and to correct any inislaUe therein, and he shalijtifeU, at t on out Crctlitcrs may <'Otll|IOIIll(l vvitll then make and subscribe an oalh, belore the Judge oi^iied, tog( Commissioner, which shall be certified by hin> and liledgJier appc in the case, in substance as in the Schedule (1^'.) to thisSdge or Act annexed ; and the bankrupt shall then also submilApoinl ai to such further examination on o;ilh as the Judj^v"' oi|«oceedin Conuuissioner shall see fit to require. tllereof, i ^ey slia XLl. And be it enacted, that if at such seconded evidcn ii'i'.'V.nnic- itf'iitM-al meeting of the said creditors, and after tiie contaiue ruiit afior tin' (•re(iit()rs who may not have proved their debts at tlw 'i second rroacra! ,, , , /. , in i . i ., VT 111 irnvtini; and Uv^i geueral meetuig*, have been allowed to prove, and j Ai'li* supers..!,. i!i<; jmvi^v orovcd tlic sauie, aud the bankrupt has taken fh'issione b.nif'tlie certificntc of discharge ; and all papers so filed t) ' I ? '** '*''*hiBll, at the termination ol" the proceedings, he depo- •t^ Jjidge oi5U|ed, together with a list ihereol" in tlie ollice herein- ii'n and /iJedgJer appointed, and shall he there preserved ; and the \') ^t' t/iisfijjre or Commissioner m;iy remove such clerk, and Ifl'V^V ''^"^^'"''«|>l>*>int another in his place; and the copies of the same '<^ Jiuli;^ oipffoceedings, so returned and iiled, or of any part thereof, duly certified by the otlicer in Avliose custody I . they shall be deposited, shall in all cases be admissible |su( ii second aife evkkmce primu facie of the facts therein stated and ', , •'^'^<''' 'hcconlained, in all Courts in this Province. (I('b(s at t|i(. ,; ' P''t'ses accord- as if done at their original meeting. '"«■ upon the h and shall "nnission of ent, and t],e ner over j lie thenceforth Pr in catics wii 'rovisions :« or Coni- i^roceedings "t a clerk, lat he will «dl keep a fJJtors, and reserve alJ '<^'^'"gs, and "j^ to his ^onimis- XT.IV. A^nd be it enacted, that when two or more |>ersons, who are partners in trade, become bankrupt, partners^ bo-' :^i commission may be issued in the manner provided i""'ne iwik- in this Act, upon which all the joint stock or property '"^'^^" of the firm, and also all the separate estate of each of the partners shall be taken, excepting such parts there- of as may be by law exempted from attachment ; and all the creditors of the firm, and the separate creditcrs of each partner, shall be allowed to prove their re- spective debts ; and the assignees in such case shall be Rijrhtsof the chosen by the creditors of the firm, and they shall keep creditors of the (listmct accounts of the property of the hrm, and of the those of each separate estates of each partner thereof, and after de- p*'^*"^'* ; ducting, out of the whole amount received by the as- signees, the whole of the expenses and disbursements paid by them, the net proceeds of the partnership estate shall be appropriated to pay the creditors of the firm, 30 I' Ih m li!,i: and the net |)n>ceecls of tlic separate estates of catrufnf, *"" .^ partner sl)all be appropriated to pay his separate cred3l#*^> ^^^^ tors ; and if there shall be any balance of the separaiawf** twelv estate of any partner after payment of his debts, Fud i balance shall be added to the proceeds of the partnei^^-** * ship estate, if necessary for the payment of the credistjl^ ^^^.^'^ tors of the linn ; and if there shall be any balance (Mf^ agains the partnership estate, after payment of the debts of tliliPk'^^P*' firm, such balance shall be appropriated among tli(t|pJ^"S® separate estates of the respective partners, accordin£8«l|itt^^" ^* to their rights and interests therein, and as it vvouldoiP montu have been if the partnership had been dissolved witlii*'^'^ °^ . out any bankruptcy, and the sum so appropriated k^^ ®^^ the separate estate of any partner shall be applied tupf*^^^' ^^ the payment of his separate debts. • sttcb one i XLVll made or goods or < after the for more 4ate of t •fjrUom tb as a cred fViPjenL available Ihallbe \v Comi bankruj that pre • premise thorize )istric ^luty 01 |ng to Provision in XLV. And be it enacted, that if the assignees coni- bnfo^c ''^N,"'^ mence any action or suit for any money due to the bank- bankrupt has rupt's estate, before the time allowed by this Act for comlnTssion! "^ t'^o bankrupt to dispute the commission shall have elapsed, the defendant in any such action or suit shall be entitled, after notice given to ihe assignees, to pay tiie same or any part thereof into the Court in whicii such action or suit is brought, and with the costs of suit up to that time, and all proceedin^'-s with respect to the money so brought into Court, shall thereupon be stayed ; and after the time aforesaid shall have elapsed, the assignees shall have the money paid to them out of Court. saiM^^due^to XLVI. And be it enacted, that when any bankrupt clerks orser- shall liavc been indebted, at the date of the commis- vants. gjQjj against him, to any servant or clerk of such bank- rupt, in respect of his wages or salary, it shall be lawful for the Judge or Commissioner, upon proof thereof, to order so much as shall be due as aforesaid, not ex- ceeding twelve months, wages or salary, to be paid to such servant or clerk out of the estate of such bank- :)l \tiiies of cacupi, and such servant or clerk shall he at liherty to leparate credpioire, under the conunission, lor any suni cxceediiif^' I the separa!3uih twelve months' wages or salary, 's debts. ■iicl the partner o/" the credisi ^y balance oa [e debts or til, [LVII. And be it enacted, that when any bankru[)t vvHKrs dua 11 have been indebted, at the date oi* the commis- '" ,7'/''.?!''". against him, to any labourer or workman of such krupt in respect of his wages, it shall be lawful for aniong tlifthJB Judge or Commissioner, upon proof thereof, to order *''S accordintS^much as shall be so due as aforesaid, not exceeding as it wouJdoflie month's wages or labour, to be paid to such work- soived witlinfen or labourer out of the estate of such bankrupt, ^''opriated UWB^d such workman or lal)ourer shall be at liberty to >e applied lupfove, under the commission, for any sum exceeding sttch one month's wages. ^jgnees com- XLVIII. And be it enacted, that no distress for rent Rent duo by I to the bank- made or levied after an act of bankruptcy, upon the '•*' ''""'''"p'' Miis Act for goods or effects of any bankrupt, (whether before or I shall have after the issuing of the commission,) shall be available i ^. /?fl or suit shall for more than twelve months' rent accrued prior t o the s. y^. blf (^'^ lees, to pa y 4ate of the commission, but the landlord, or party to •t in which tf horn the rent shall be due, shall be allowed to come in the costs of as a creditor under the commission for any overplus of 'th respect the j fent due, and for which the distress shall not be ereupon be available. ve elapsed, ^ 'lem out of y 7 Power to search for con- cealed property bankrupt ' commis- Jch bank- be lawful 'lereof, to not ex- - paid to h bank- XLIX. And be it enacted, that in all cases where it ihall be made to appear to the satisfaction of any Judge T Commissioner authorized to issue a commission of of a bankrupt lankruptcy, that there is reason to suspect and believe that property of any bankrupt is concealed in any house, •remises or other places not belonging to such bankrupt, JbucIi Judge or Commissioner is hereby directed and au- thorized to grant a search warrant to the Sheriff of the >istrict, and it shall be lawful for such Sheriff, or his De- luty or other officer, to execute such warrant, accord- ling to the tenor thereof, and the Sl':riff, or other officer 32 tMupioyctl l)y iiiin to cxeculo sucli warnmt, shall bet ^jjiisiclcral iUKmI (o (lie same |)r()ietti(m as is allowed by law fglnslerre exeiMiliou of a seaivli warrant lor property reputed be stolen or concealed. Ciisoon.uiU. I ^,jj Ij^, jj enacted, that if any bankrupt, after il nilrts who, at i • » i 1 1 i • Uu- liiiK- of connuencenient ol tins Act, shall at the time oi li rl,pu'y.''""hi^ii bankruptcy be a member of a lirni, it shall be lavvlr iu< MUMiibiisdf (or the Judge or Commissioner by whom the connui iiiro"', '""" sion of bankruptcy is issued, to authorize the assijL![in |into, as to connuence or prosecute any action at law or sii |^r power in equity, in tiie name of such assignee and of tl, f^elf, Wis remaining |>artner, against any debtor of the partni pUall rei ers an shall h posed dinary pi shal ;he Judg ,nd all b snip, and to obtain .sucli juclgment or decree or onh therein, as if such action or suit had been inslitutt with the consent ol' such partner, and if such partm ^hall execute any release of the debt or denuuid, sui release shall be void: Provided, that every such pav ner, if no benefit is claimed by him in virtue of tli said proceedings, shall be indcnnnified against the pa\ ment of any costs in respect of such action or suit, an it shall be lawful for the Judge or Connnissioner, on tli application of such partner, to direct that he may n ceive so much ol the proceeds of such action or suit, a; such Court shall direct. JA. And be it enacted, that if any bankrupt (beirii Punishment of bankrujrts . i • -.^ ■ i i 7. i - .■ • nc-riocting to witliiu tliis Provuice at the date ol the commission duicntiy ' con" sli^^l "0^- bcfore tlirec o'clock of the afternoon of the da\ coaiiniT their appointed for the first meeting of his creditors, after no hook"'&c. tice thereof in writing, to be left at the usual place o! abode of such bankrupt, or personal notice, incasesuclij bankrupt be then in prison, and notice given in the Ga*^ zette of the commission, appear before such Judge or Commissioner, and submit to be examined before him | from time to time upon oath, or il any such bankrupl, I upon such examination, shall not discover all his real 1 or personal estate, and how and to whom, upon what iate, oi' books o lating tl such ba being c^ tion of hard la V cecd or term n' I LIT. ;• sioner ^ circun ^ toenli I ibr so 5 Comi such befor 1^1 heir any deni iimi Juci 'I, sliaJJ bc(. [cd by Jaw py reputed rupt, after i| ^0 time ol" li I'all be Javvi, 1 tbe cojiinii |e tJie assjViu .t law or sii -e and of tl tlio partiit ecree or ord. ^''» instituk ^iH'h partiK t'cinand, sut '»'y such par virtue of tli aiiLst the pai ^» or suit, iiii, »si(»ner, on tli at iie may n Ion or si^i^^ ., 'ki'upt (bein: i commission J on of the da \ ors, after no 5»al place o s , in case sucl. '11 in tlie Ga ] •ch Jud^e Of I 1 beibre him 1 ;'» bankrupt, | all iiis real I < upon whal 33 ttdbsidcralion, and when he disposed of, assigned or nsferred, any of such estate, and all books, deeds, ers and writings, rehuive thereto, (except such part sliall have been really and hond Jiik before sold or posed of in the way of his trade, or laid out in the dinary expenses of his family,) or if any such bank- pt shall not, upon such examination, deliver up \o lie Judge or Commissioner all such part of his estate, nd all books, tleeds, papers and wTitings relating thore- nto, as shall still remain in his possession, cust xly r powder, (except the necessary wearing apparel of hini- !lell", his wife and children,) or if any such bankrujU shall remove, conceal or embezzle any ]>nrt of such es- tate, of the value ol' ten pounds or ui)\\ards, or juiy books of account, deeds, papers, or other w ritings re- lating thereto, with intent lo defraud his cri'ditors, every such bankrupt shall be deemed guilty of felony, and being convicted thereof, shall be liable, in the discre- tion of the Court, to be imprisoned with or \s iiliout , hard labour in any common Gaol, for a term not to e\- i ceed one year, or in the Provincial Penitentiary for any . term not less than three nor more than five years. LIT. And be it enacted, that the Judge or Commis- Commissionur sioner shall have power, as often as he sh.dl under tiie lii'^?',i'|"'''i|^'^,p. circumstances of any case think fit, from time to timeiivnuii. to enlarge the time named for such batdvrupt appearing, for so long and until such further day as the Judge or Commissioner shall reasonably appoint, so as every such order of enlargement l)e n»ade six days at least before the day on which such bankrupt was to appear. LIII. And be it enacted, that if the bankrupt shall I'ow.iummuh 1 • . • . I ' • . • • any b.mkriinl be in prison either on m?sne process or in execution, m „i|)PisonioiM- any suitor proccedini; for or on account ol anv debt or ''f'"" "" demand whatever, provesvnle against his estate, at any ^,.. time when his aUcndance may be required before the .fudge or ('OinitiissionfM-, or l!ir assii;nee>, or al anv \. 34 , Bankrupt prevented by iicknetta from ^tending. Bankrupt ab- «ent from the Province. Punishment of bankrupt fraudulently altering his books, &c. meeting of his creditors, as provided in tliis Act, the said Judge or Commissioner may in his discretion, by warrant under his hand and seal, require the Sherifl or Ga 'or, in whose custody tiie said bankrupt may be, to produce such bankrupt lor the purposes afore- said, at such time and phice as may he specified in the warrant ; and in case the bankrupt shall, by reason of imprisonment or sickness, or any other cause which shall be deemed sufficient by the Judge or Commis- sioner, be unable to attend before him or before the assignees, at any meeting of his creditors as provided in this Act, then such Judge or Commissioner, or some person deputed by him, shall attend to take the ex- amination of the bankrupt, and the examination thus taken shall be of the same force and effect as if the bankrupt had attended in person before the Ju:'ge or Commissioner, or the assignees, or at the meeting aforesaid, and had undergone the same examination ; and if the bankrupt sh dl be withoflt this Province, and shall be unable to return and give his personal attendance at the first meeting of his creditors, or at the other times, and for the purposes in this Act set forth, and if it shall appear tnat suc'.^ absence was not occasioned by any wilful default of \\ie bankrupt, and he shall, as soon as may be after the removal of the impediment, attend on some day subsequent to the one first named, which shall have been appointed by the Judge or Commissioner under the foregoing sections of this Act, and submit to the examination, and do and perform all other things by this Act required, then such bankrupt shall not incur the penalty and punishment in the fifty-first section of this Act contained, and shall be entitled to his certificate iu like manner as if he had appeared and conformed at the time first appointed. LIV. And be it enacted, that if any bankrupt shall after an act of bankruptcy committed, or in contempla- tion of bankruptcy, or with intent to defeat the object of this Ac lied any o lade or b ilent ent ith inter pt shall mvicted fie CoUr febour, ii 5ne year lerin not LV. A tvithin t tommiss tence of course o person, the own In the ti feonceale obtainet every si eh all b( this Pi the Co LVI any ex person deposi wilfuH convic force perjur 35 lii iscr r K **f ''"^ ^^^' '*^^^ destroyed, altered, mutilated or falsi- .1 J?."' °} ijed any of his books, papers, writiiij,'s or securities, or „!,- ^"enfl jjjiade or been privy to tlie niakiriff of a any false or frau- tPt nvicted thereof, shall be liable, in the discretion of |v^«usc vvijicn ^g Coitrt, to be imprisoned, with or without hard L u /. °'"'"js- libour, in any common Gaol for a term not to exceed I P' ^^y julent entries in any book of account or other document I SD^^'ff^*^^ with intent to defraud his creditt)rs, every such bank- IJI ?^^ " pipt shall be deemed to be guilty of a felony, and being 3ause vvhicli r Coi ^® .^"^ 6ne year, or in the Provincial Penitentiary for any ««- term not less than three nor more than five years, ner, or some ^ • ,. '^.,f^" LV. And be it enacted, that if any bankrupt shall, Pimwimient 'tta*^"f h'* ^'^'^'" ^'^""^^ months next preceding the date of the f/JX.t'j; K« r . Commission against him, under the false colour or pre- obtaining cre^ he . i • tence 01 carrymg on business or tiealmg m the ordinary ly bHbre hi« ine^Hinff course of trade, have obtained on credit from any other """''rui.u-y person, any goods or chattels, with intent to defraud the owner thereof, or if any such bankrupt shall, with- in the time aforesaid, with such intent, have removed, fconcealed or disposed of any goods or chattels so obtained, knowing them to have been so obtained, every such person so offending shall be deemed to be guilty of a misdemeanor, and being convicted thereof, shall be liable to imprisonment in any common Gaol in this Province, for any term not exceeding one year, as the Court before whom he shall be tried shall think fit. ting amination ; |is Province, ^is personal editors, or at '"s Act set nee was not nkrupt, and •oval of the t to the one uted by the sections of nd do and then such ishment in id shall be if he had pointed. rupt shall witempla- the object LVI. And be it enacted, that every person who, in . Faine swear- any examination before a Commissioner, Judge, or any ti(Hi°oi,edcem- person lawfully deputed by him, or in any affidavit or '^'^ r^jury. deposition authorized or directed by this Act, shall wilfully and corruptly swear or affirm falsely, shall, on conviction thereof, suffer the pains and penalties in force in this Province against wilful and corrupt perjury. e2 ;ii; Jui^i. .11.1 liVil. Aiul he il cnacUil, llii'.l the scvi'ial Jiul|j;( ^ lukeit, irir.mxiiM^^^^ '*"^' IJtHumissiunors aiUlnui/t'tl lu issiu' tommiiisioiis d Qinnnii^^' u> . i.h ..(iur l)aiil\rin)tcy, and to act in tlif proM-ciitioii tlit'iool', slial nrococilin llnMCSs'iu l>i- iiu\iliai-y to cai-li oIIkt lor the proof of debts, am tve beei iMnkniirfcy. for {\\c cxaiuiiiation of witiu'ssus oil oath, or for citliti Jtaunn^l'l of Mucli |)iir[K)ses ; and tin^ .lud<>;e or Comiiiissiont'i gncli \^^^^ so uctiii;; as auxiliary in the prosecution of u connni!;; ind in- ^ siou of !)aiikniptcy in the exaniinalion of witnesst'^ Jvhoni s sliall possess (he same powers (o tonipel I he attemhuui |>y ^»"" oi\ and io exauiine witnesses, and to enlorce holh jion . Ai obedience to such examination, and (he production oi fliall ba booivs, deeds, papers, writinj^s and o(ber documents, as vi*^^^'' ^^'* are possessed by tlie .ludj;e or Commissioner issuini; .luissione Viovis... ^m-ii («()minissio!i ; I'rovided always, that all such examinations of witnesses shall be taken down in LlX. writing, and shall be annexed to and form part ol eball Inv the proceedings under such commission, and tlnit no and deli pri>of of debts or examinatiim of witnesses, in the things o proscci!«ion of any commission, shall be taken by any nliaU be such auxiliary auth(»rity, without the permission in date ol I writing of the Judge or Conuiiissioner by whom such made pi conunis'sion was issued. obtain r der bis to this hereina lease oi or dem and CO alway charge rupt a bourn banki or Ua sucU that urran t( rrr»inirtri(M>i. I ..Si iin T.V1I1, And be it enacted, that nothing in this Act hf a.Topi.'.r contained shall prevent any Judge or Commissioner, Trl'' [liril'sr.- ^vlicu two or more persons who are partners in trade >i(iiiii; in .lif- as a fimi, reside in difl'erent Districts in this Province to that in which any connnission of bankruptcy shall be prosecuted against such fu'm, from having jurisdic- tion over the said partner resident beyond the District for which he is appointed, as far as it relates to the interest or share of such partner in such lirm, if such partner be included in such commission ; and it shall and may be lawful for the Judge or Commissioner for the District in which any such other partner shall reside, to take and receive any examination or declara- tion, administer any oath or aliirmation, or otherwise take such proceedings in respect to such partner as may pers •'»' minissioiis ,1 ^'•^'••t'o/; .s|,..,| o^'ilobts, an, or fur t'itlici lomiuisjsiont'i L»/ u coiiiini^ H vvilru'sscN attt'iidjuKt |n/i>rce hoi I, >ro(l!icti()n (.1 »<'iinini(s, ;is '"icr issuiiii^ '>' all sucji ' clown in '•'"I part oi "id that 11(1 ist's, in the \tl it shall ssioner for ftner shall •r declara- otherwise f"'" as may 37 )m taken, receivt'd or .idniiiiisd it d hv (lie .liid^e or CK)iriinissionei' (if the histricl in whicli the ori^niia! Woccedin<<:s in hankniptrv a<>;ainsl (lie said lirni shall ■Bve been pr(»se( uted ; Provided always, that all such ipxanii nations, declaralions. oaths, allirniations or other {Lich proceeding's, shall be taktii down in writifit;, nd be transmitted to lli< .lud^e or Commissioner by Hiom such conunission shall have been issued, to be |)y him annexed to and form part of the said eomntis- fion : And provided als(», that all such |)ro('eedin;;s |hall have been so taken with the perrnission and tmder the authority in wrilinu: of the Judji;e or Com- -nussioner by whom such commission was issued. IJX. Atid be it enacted, that every bankrupt, \viu> KiTicti.i shall have duly appeared, and made a Cull disclosure |'"'''j'"j'''|J^' and delivery of all his estate and elVecls. and in all rKm'krui.t." things conformed himself to the provisions of this Act, shall be discharged from all debts due by him at the date of the conunission, and from all claims and demands made proveable under the commission, in case he shall obtain a certilicate from the Judge or Commissioner un- der his hand and seal, in the form of the Schedule (G ) to this Act annexed, subject to such provisions as are hereinafter mentioned ; and no such certificate shall re- lease or discharge such bankrupt from such debts, claims or demands, unless the same shall be obtained, allowed and confirmed, according to such provisions: Provided always, that no such certificate shall release or dis- charge any person who was partner with such bank- rupt at the time of his bankruptcy, or was then jointly bound, or had made any contract jointly with such bankrupt, if such partner of, or person so jointly bound or liable with such bankrupt, has not been included in such commission of bankruptcy : And provided always, that such Judge or Commissioner may in his discretion grant such certificate to any one or more partners or persons so jointly bound or liable, and refuse or sus- llu- III' a 38 pend the same as hereinafter mentioned as to any othei partner or person so jointly bound or liable. Cases in LX. And bc it enacted, that no bankrupt shall be en- Scatl; 8hai?be ^^led to his Certificate, and that any such certificate, ii granted, o. obtained, shall be void, if such bankrupt shall have lost, gralltS^""* '^'^y any sort of gaming or wagering in one day twenty pounds, within one year next preceding the date of the commission against him, or one hundred pounds within that year, or if such bankrupt shall, after an act of bank- ruptcy, or in contemplation of bankruptcy, or with in- tent to defeat the object of this Act, have concealed, destroyed, altered, mutilated or falsified, or caused to be concealed, destroyed, altered, mutilated or falsified any of his books, papers, writings or securities, or made, or been privy to the making of any false or fraudulent entry in any book of account or other document, with intent to defraud his creditors, or shall have concealed any part of his property, or if any person having proved a false debt under the commission, such bankrupt being privy thereto, or afterwards knowing the same, shall not have disclosed the same to his assignees with- in one month after his knowledge. Meeting for LXT. And be it enacted, that it shall be lawful for ceSate. ° the Judge or Commissioner, by whom the commission was issued, to appoint a pubHc sitting for the allowance of such certificate to the bankrupt named in such com- mission, (whereof, and of the purport whereof, twenty- one days notice shall be given in manner to be directed by such Judge or Commissioner, and a copy of such notice shall be served on one of the assignees or on rin'^ifsbeiM ^^^^^ Solicitor,) and at such sitting any of the creditors granted. of such bankrupt may be heard against the allowance of the certificate, and the Judge or Commissioner shall consider any objection against allowing such certificate, and either find the bankrupt entitled thereto, and allow the liime, or refuse or suspend the allowance thereof, oi annex si semayre all be sue )ner shall the prope adeafuU lings con )pear an^ iscovery, lat such ^•aud, nor tfter such against wl l)ankrupt ^ LXII. rity made unto or ir payment bankrupt suadesuc to the al shall be \ f to be pai Lxm bankrup chattels, induceir I to the al I such ba and los amount obtaine 39 In have lost, fay twenty date of the |nds within (ct of bank- |or with in- t> any othe; oi annex such condition thereto, as the justice of the c^e may require : Provided always, that no certificate gball be such discharge, unless such Judge or Conimis- ishall be en- i^ner shall, in writing under his hand and seal, certify ^'tificate, i( t| the proper Court of Review that such bankrupt has de a full discovery of his estate and effects, and in all ings conformed as aforesaid, and tliat there does not pear any reason to doubt the truth or fulness of such scovery, nor unless the bankrupt make oath in writing at such certificate was obtained fairly and without aud, nor unless the allowance of such certificate shall, concealed, tfter such oath, be confirmed by the Court of Review, caused to igainst which confirmation any of the creditors of the or falsified |>ankrupt may be heard before such Court. |s, or made, LXII. And be it enacted, that any contract or secu- rity made or given by any bankrupt or other person, unto or in trust for any creditor, or for the securing the payment of any money due by such bankrupt at his bankruptcy, as a consideration or with intent to per- suade such creditor to forbear opposing, or to consent to the allowance or confirmation of such ce lificate, shall be void, and the money thereby secured or agreed to be paid shall not be recoverable. Proviso — Conditions on wliich the cer- tificate Hhall ojjerate as a diiicharge. fraudulent ent, with concealed mg proved bankrupt the same, lees wilh- Contracts made for brib- ing not to op- pose the certi- ficate, to be void. 'awful for fn mission ^owance Jch com- twenty- directed of such es or on reditors owance r shall tificate, I aJJow hereof. LXIII. And be it enacted, that if any creditor of a bankrupt shall obtain any sum of money, or any goods, chattels, or security for money, from any person as an inducement for forbearing to oppose, or for consenting to the allowance or confirmation of the certificate of I such bankrupt, every creditor so offending shall forfeit and lose for every such offence the treble value or amount of such money, goods, chattels or security, so obtained, as the case may be. LXIV. And be it enacted, that any bankrupt who shall, after his certificate shall have been confirmed, be arrested, or have any action brought against him for Penalty on creditor obtain- ing inoney,&c. for fraudulent- ly conniving at the obtaining a certificate. Discharge of the bankrupt who shall be sued, &c. on 40 niiy tlihi (Mil liarloil bi'l'on thr- Cy'ommi sioii, provided lor. my debl, claim or denumd, provcuble under tlie commis" ^rs, wUo s- sioii jii^aiiist su«:li bankru[)t, shall be discharged on en- HUowedtop ' tering common ball or common appearance, and may |ace to ^^^^ plead in general that the cause of action accrued before |ben presen lie became bankrupt^ and may give this Act and the spe- lnul payme cial matter in evidence; and such bankrupt's certificate, Juall, it' re( and the confirmation thereof, shall be sufficient evidence Jami^^ed oi^ f the trading, bankruptcy, commission, and other pro- |tbe Judge oi w ceedings precedent to the obtaining such certificate : or(\er in and if any such bankrupt shall be taken in execution, jsaid estate or detained in prison lor such debt, claim or demand, I shall thin when judgment has been obtained before the confir- | bankrupt mation of his certificate, it shall be lawful for any Judge of the Court, wherein judgment has been so obtained, on such bankrupt's producing his certificate, to order any officer who shall have such bankrupt in custody by vir- tue of such execution, to discharge such bankrupt with- out exacting any fee, and such officer shall be hereby indemnified for so doing. vv Pr 1 l^roiuiso lo pay any duljt tVoui whioli 1 I LXV. And be it enacted, that no bankrupt, after his certificate shall have been confirmed underany commis- \hc. bankrupt gj^j^ of bankruptcy, shall be liable to pav or satisfy any IS discharged . t in i • i i i 1 1 i ' i by certificate, debt, claim or demand from which he shall have been ill writin""'*^^^ discharged by virtue of his certificate, or any part of such debt, claim or demand, upon any contract, promise or agreement, made or to be made after the date of the commission, unless such promise, contractor agreement, be made in writing, signed by the bankrupt, or by some person thereto lawfully authorized in writing by such bankrupt. Meeting of I.XVI. And be it enacted, that the assignees shall, at caUed^'^by^ihc sucli tiiuo as sliall be appointed by the Judge or Com- asriignecs. missioucr, within six months from their appointment, call a meeting of all the creditors of the bankrupt, by a notice to be published in such manner as the Judge or Commissioner shall direct, at which meeting the credi- tion to th( corded case : rupt to of any P ai)vion t^ d^Heei such pv Act had ing sucl mis!«ion the estJ the crt been p Conim in the every then \ thus I the fii or C( shall or < app( 41 eoommis- is, wl.o have »"i^^*Te''Tndthetsiti%uX^^^ "' ed on en- Slo ved to prove tl.e *»"';. io,,er and the creditors 8 and may |„ce to the Jud^e or Com— ^„ j,,,;, receipts aed be J Zn present, fair ""'^ "° a^^ of the bankrupt, and d the spe. Ll payments, touch g the e.i j^^ioner, be es- :ertificate, | aU^i' required by the J"d=^»^ ^„,h accounts and t evidence Lined on ""'h "f^.^iXJr shall thereupon raake an other pro- 4e Judge or t'''"""'^" hand tor a dividend of t e ^^^, ertificL: lorder in vwiung mu^^ '^J^^^ ts thereof as he execution, | said estate and eileUs^ OT o ^editors of the saKl • demand shall think "..•""t^ft^ed their debts, m prc^or- he confir- bankrupt as shall "'^ P ^^^^^ ,,all be le ' ^""^'':^:Z^^$^^<^ P'r^tvXbank-P,..»,-- : ::t^'m ;d:5^>waysVfj,^^^;&s-5:,r^ ,pt to Her M^Jf-'y-pO' rc^^^e or may be entitled tojcj^.^ ^ cL„ nart of this Province, are, ui j ^^^^ out| ^^^^^ At had not been Pf^^f^^l appear to *e Judge or Com- t "sr„"i'X -t:; ~E jx~; n the hands of the ''«^'g"«„",^i^„'equal to what shall be every such creditor a P'^r°"'°"^',leh sum shall remam then paid toother """'rof the assignees untd Aus ^appropriated 1.1 1 .e land. ^^^^^ ^,^ ,„jge any Judge ► obtained, order any >dy by vir- rupt with- be hereby t, after his ly coniinis- satisfy any have been art of such promise or dale of the agreement, or by some 5 by such ?es shall, at ;e or Com- point!ncnt, krupt, by a e Judge or I the credi- bus unappropriated. .itue.-.; ^•j^C^Snerstll'order its distribution. . A lb-It the said assisnees Second Ji> acted, that uie . i,,d2e ''"''■ TAVII. And be it enacted tna. » » - ^^^ j^^ shaii, at siich time as shall b appo^ montJls af^r th appointment ' Ihe assignees rare r^^cind dividend 42 tiior iiiiuH. of ihc siiid ostale, in rase llio same was \u>{ wlmlly dis- tributinl h|hmi lliu lirst tliviileiul, and shall give noliceol a uiceliii}^ lor llial purpose <>1' all (lie creditors of the haukrupt, in such juaniiei' as the Jiuliieor Commission- er shall direct; at which meeting ihe creditors, who have ni)t before proved their debts, shall be allowed to prove the same, and tiie accoinits ol the assignees shall then be produced and examined, as provided in the preceding section, and shall be sehh^l by the Judge or Connnissioner, and what, upon the balance thereof, shall appear to be in their hands, shall, l>y a like order of the Judge or Connnissioner, be divided among all the creditors who shall then have proved their debts, in proportion to their respective debts, subject to the provision hereinafter contained respecting any allow- Pmvmo— ancc to bankrupts : Provided, that no creditor, whose ,ii,[^,','.',|X''''['",J debt shall be proved at the second, or any after divi- lo .iisiuri. tor- dend, shall be allowed to disturb any prior dividend, but he shall be paid so far only as the funds remaining unappropriated in the hands of the assignees shall be sullicient therefor ; and if, at the time of appointing the meetii'g for the said second dividend, there shall remain in the hands of the assignees any oulstan ' \g debts, or other property, due or belonging to the estate, which cannot, in tlie opinion of the Judge or Commis- sioner, be collected and received by the assignees with- out unreasonable or inconvenient delay, the assignees may, under the direction of the Judge or Commission- er, sell ami assign such debts or otlier property in such manner as the Judge or Commissioner shall direct ; and such second dividend shall be final, unless any suit relating to the estate be then depending, or any part of the estate be outstanding, or unless some other eslaie or efTects of the said bankrupt shall afterwards come to J as ■..loresaul. ,„, t^xit.,>si.-.,.s..u„.os. _^_^^^_ 4 \ iU\\ llu; Court (u v_juin- ^^^,^^, ,„„,uiu- ,,.rv in «ml u.r li>^" I"",' ■ , ,' ..r Kind's Ikncl. m a." Ca»a.U>, ^>-^'''^-^-;';", ; Mo,,l.-a-, Three M^^^ orders lor rosul.mus < - ' /^ J.^ to he allc.vvccl • „ .nuiioe .,0 be "•^^ervo- "1 « a,, i,uai cases , ,a„Un.l.uy, "!"1 f ':^ '^ 'je.era.ine and maUe all l„„iiv U. entoiuun, \|.-a' '"';, "T ,,,e several Jiulget, as ,,U)K>c.i ^ ^i^eu- U^^^" ,"',,. ' <• tlie assignees ,^,1, courts ,iew si^all be tmal. ^^^^^^ ,^^^^^^ «n.l that aU J'.lW-^'^^ *^;. afiulav.ts re- of Kccer(\ ^»^ ^'^'^ ^, <> 41 of such Court otlienvi.se authorized lo ndininister oaths, or before any Commissioner appoiriletl for taking affi- davits in any of such Courts, or before any Master or Master Extraordinary in Chancery, or before any Com- missioner of Bankrupts, if such affidavits be sworn by a creditor or other person residing within this Province, or if elsewhere then before any Judge of a Superior Court of Record, or Notary, and attested by the Mayor, or other Chief Magistrate of any City, Town or Place, or a British Minister, Consul or Vice-Consul. » Matters may LXX. And be it cnactcd, that the said vSeveralJudges ehhe^vivam- of the District Courts, and the Commissioners of Bank- ceorby affida- ruptcv, and the said several Courts of KevievN, may, in T m wrung, jjjj j^^^^j.^ y^rithin their rcspcctive jurif?diction, have power to take the whole or any part of the evidence in any matter of bankruptcy before them, either nm i?ofc on oath, or upon affidavits or depositions to be sworn as aforesaid. What costs LXXI. And be it enacted, that the said several Td^ and" how Ju^g^^ and the Commissioners aforespid, may award in re fore this lessen a person bankru[ has or i proceed been pn Lx: r^ischai Com ml fore re| to the I warrai have tion o\ Act, to sue debtsl madel )atlis, \r affi- Iter or ICom- Irn by IV i nee, Iperior layor, 'lace, IBaiik- lay, in have hice ill vu voce ^orti as everal s^ard in li costs power i ; and igainst Judge overed I'arded s Pro- nedies sts, as rts for ion of ?dings opies, 45 I ('ourlh of or minutes of every sucii comniissioji atid p«'t>cepdini5s, 'J'J'^^['^ or part thereof, as and in such form and at such time as the Court of Review, having jurisdiction in the par- ticular case, shall by any order from time to time cNrect, shall be transmitted by the Judge or Commissioner who issued such commission to such Court of Review, to be there filed and kept among the records of that Court. LXXIII. And be it enacted, that a certain Ordinance Ordinanre of the Legislature of Lower Canada concerning bank- fjj^^ap,^ ',']!: ruptsj, passed in the second year of Her Majesty's reign, f"''^*^ intituled. An Ordinnnce cnncerning bankrupts, and the udmnistration and distdbution of their estates and effects, shall be, and the same is hereby repealed, upon, from and after the day [hat this Act shall come into opera- tion : Provided always, that nothing herein contained Prx^viso. shall render invalid any proceedings which may have been had under any commission or warrant in bankrupt- cy now subsisting, or which shall have been issued be- fore this Act shall come -nto operation or effect, or lessen any right, claim, demand or remedy, which any person now lias thereunder, or upon or against any bankrupt against whom such commission vor warrant has or shall have issued as aforesaid, but thai all such proceedings shall be completed as if this Act had not been passed, except as herein especially provided. LXXIV. And be it enacted, that the certificate of former certifi- r^ischarge obtamed by any bankrupt, from any oi the charge to be Commissioners acting uVider the Ordinance herein be- out'^tJie'"?^^! fore recited, and by this Act repealed, at any time prior vince. to the passing of this Act, or under any commission or warrant in bankruptcy now subsisting, or which shall have been issued before this Act shall come into opera- tion or effect, shall, from and after the passing of this Act, be deemed valid and effectual as a discharge to such bankrupt throughout this Province, from all debts due by him at the date of such commission, and made proveable under such commission. 46 wi.i.i uas I, A XV'. Ami he it t'Miictcd, tliil in all (lucslioiis not M-, ,,1'i.nMi' otlicru ISO j»n»\ uli'cl lt»r (lif laws o| U|)|K'r (. aiiada and ""1""^' ''"""• of LnwiT Canada, ivspcclivcly, sliall Uc resorti'd to as till' rule (»r dirision in ail (|iii'sti(>ns ivsju'clini; IJank- rtijtls. as (he saiil laws now ivsprctivoly obtain in cacli stHUion of \\w Province, and in cases iin|)rovi(li*d lor in the exislinu; law\s al)ove-iiienlioned, llicn rcsin't shall he liad to the laws of lini»land, as su(di rule of deci- sion in that part <»r this l*ro\ince heretolore rj)p( r i'anada, and tliat onlv. I Allow.ini'.' Ill tiiuikiii|ii^. TaviiiL' H tilt' |MIIII liXXVI. -Vnd he it enacted, that every bankrnpt who shall have (thtained his certilicale and the (UMilir- mation thereof, il" the net prodnce of his estate in hand (with or without j)rior dividend) pay the credi- t;5 " ' •' t 1,1 1 • I • t r rToilitors to lid ried shall bcctnnc a trader, shall, within thirty days after rmistmd.orio he shall have commenced trading, cause his contract ^"^ '"''' 4H of inaiTJai^c (if any such (here he,) to he enregistered ill the oHice of the Register of the County or District (as the case inay he,) in which the hinds mentioned in or charged hy sucli contract He ; or if no lands be men- tioned in or charged by such contract, then in the olfice of the Register of the County or District, as the case may be, in which such trader shall reside at the time of the execution of such contract ; in default whereof the same shall be null and void, as against the creditors of such trader becoming bankrupt ; and that free access shall be allowed to all persons to inspect and make ex- tracts from the register, upon payment of the sum of two shillings and six pence for each inspection of the regis- ter of such contract of marriage, and no more ; and nt> trader, or other person aforesaid, who having made such contract of marriage, shall afterwards become bankrupt, shall be entitled to a certificate of discharge under this Act, unless he shew by his books of account regularly kept, or by written proof or otherwise, to the satisfac- Cases in *'^" ^^ ^^^® Judge or Commissioner, that when he exe- which certifi- cutcd ihe Said coutract of marriage, his estate, real and personal, was equal in value, after the payment of all his just deb s, to the sum or sums of money, land or other things, thereby given or secured to or for the use of his wife or future family, out of the property of him the said trader : Provided that nothing herein con- tained shall make it necessary again to register any con- tract of marriage which has already been registered un- der the provisions of the Ordinance of Lower Canada herein-before mentioned, but such registry shall be effec- tual to all intents and purposes, as if this Act had not been passed. i catcs shall not be granted Proviso. Compensation to assignees. LXXX. And be it enacted' that it shall and may be lawful for the Judge or Commissioner to allow to, and permit the assignees o retain out of the monies in their hands belonging to the estate of the bankrupt, at the time of paying each dividend, such sum not exceeding •T five per reasonal LXX mission thority ( of the hi lings, to Judge p every si sliall at or alhdf in the admin i> der del Suniint paid b aflidavi and tlv such f Generi amoun the sai be ac( ral fee LX Comn fees t( such scrvlc for e: sionei if the the SI LI alloM^ registered istrict (as led in or be inen- thc office tlie case , tlie time t wiiereof creditors free access Jmake ex- Jmoftwo the regis- ; and no lade such bankrupt, wider this regularly e satisiac" n Jie exe- , real and lent of all , land or •r the use ty of him 'ein con- any con- tered un- Canada be effec- had not may be r to, and in their t, at the ceeding } 49 five per centum on the sum divided, as he sliall deem m reasonable compensaliDii lor their services. LXXXl. And be it cMiactod, th;)t for evcrv com- .'/•7 '" ^» pa i\ to an\ mission of bankruptcy issued by a Judge under the au- oiHtrict .Tu.I;(i ihority of tliis Act, there shall be paid out of the estate of the bankrupt, by the assignees, the sum of forty sliil- linffs, to the Clerk of the District Court over which such nctin;: III cases ill bankruptcy. 'n") Judge presides, and the further sinn often shillings, for every sitting under such conunissinu which any Judge • shall attend, and the sum of one shilling for every oath or affidavit .'dmi ustered by or tiken before such Judge, in the parlicular case, and for every oath or aflidavit administere I or taken to procure a Summons for a tra- der debtor, t!ie sum of one shilling, and for every such Summons the sum ofone shilling and three pence, to bo paid by the creditor at whose instance such oath or affidavit is administered, and such Summons issued ; and the said Clerk shall keep a separate account of such fees, and sliall render an account to the Hcceiver General of fees in his District, and shall pay over the amount of such fees to such Receiver (ieneral, under the same liabilities, securities and conditions, and to be accounted for in like manner as the present gvne- ral fee fund of the District. LXXXII. And li it enacted, that in cases where a ^^''H^. '"'-'•'* ** Commissioner shall act in place of a Judge, similar Commissioner fees to those provided for the Judge shall be paid to '"''kf canes. such Commissioner for the performance of the s ime services and duties : Provided, tijat the sum allowed for each day's attendance by such Judge or ( o.nniis- sloner sliall be apportioned among the several cause?, if there be more than one, in which he may act on the same day. LXXXIII, And be it enacted, that there shall be r.rsar.dhi. allowed and paid in like manner to the Clerk or other cTnaln'onicer* G 50 iiriJ to "''"olVh'fTof tlie Court of Keviow, tlie sum of lour pence on everv paper received and filed hy liini in any case of bankruplcy ; and to tlu; Clerk appointed to each case of bankruptcy, for every day's attendance upon or with the Judgo or Conunissioner on any business in bankruptcy, a sum not exceedinj; fifteen shillinijs per day, to be apportioned in like manner as tlie allow- ance f(»r attendance to the Jii(ltatu(e in require leu n to an- laith, that Wrsonally said ac- ^ayment. mons is directed, to be and appear before me, at in the County of on the day of at o'clock, in the and you are hereby notified, that the purpose for which you are thus summoned before me is to ascertain, in manner and form pre- scribed by the Statute in that case made and provided, whether or not you admit the demand of A. B. of (who claims of you the sum of £ for a debt,) or any and what part thereof, or whether you verily believe that you have a good defence to the said demand, or to any and what part thereof; and hereof you are not to fail at your peril. Gi-en under my hand, the day of 184 (Signed) J. K. Judge or Commissioner, {(is the case may be.) ' I nd of the ^ J the said I f/e7-e copy '' require in the . B. s Sum- SCHEDULE B. No. 1. Admisslo7i of Debt by Trade)' Debtor. Vide Sec. 4. At the in the County of day of Whereas, I, the undersigned E. F., am summoned to appear before Esquire, " Judge of the District Court of the District of " or " Commissioner of Bankrupts," (as the case may be,) for the purpose of stating, in man- ner prescribed by the Statute in that case made and provided, whether or not I admit the demand of A. B., of who claims of me the sum of £ for a debt, or any or what part thereof, or whether I verily believe that 1 have a good defence to the said demand, or to any and what part thereof: Be 54 it known that I, the said E. F., hereby confess that I behalf o am indebted to the said A, B., in the said sum of | executu £ (or,) in part of the said sum of £ | that is to say, the sum of £ No. 2. Deposition by Trader Debtor of belief of good answer to ^ Cieditor^s demand^ or some part thereof Vide Sec. 4. At in the county of E. F. of being sworn this day of at the place above mentioned, upon his oath saith, that he verily believes he has a good defence to the demand (or to £ part of the demand) hereinafter mentioned, of A. B. who claims of the said E, F. the sum of £ for a debt alleged to be due and owing from the said E. F. to the said A. B., as stated in the Affidavit of the said A. B. made before (as the case may be) on the day of SCHEDULE C. No. 1. Admission of Debt signed by Trader Debtor — signed out of Court. Fide Sec. 10. I, the undersigned E. F., of do hereby confess that I am indebted to A. B., of in the sum of £ (Signed) E. F. Dated this day of 18 . Witness, G. H., Attorney (or Notary) attending on Decla 1, th declave Dated year of Witnei Nc E. K. J n\ay 184 at 55 fess that I ; behalf of the said E. F., and subscribing witness to the |id sum of I execution thereof us such Attorney (or Notary.) answer to t ie Sec. 4. f mentioned, he has a part of • B- who for a 'aid E. F. 'i '^ the said ' e SCHEDULE D. Declaration of Insolvency by IVader. Vide Sec. 15. I, the undersigned E. F., of do hereby declare that I am unable to meet my engagements. Dated this day of in the year of our Lord (Signed) E. F. Witness, G. H., Attorney at Law (or Notary.) signed o hereby . F. iding on v!-EDULE E. Notice of Bankrnptci/ to be inserted, in the Gazette. Vide Sec. 24. BANKRUPT. E. F. of Commission issued by J. K. Judge of the District Court, of the District of (or Commissioner of Bankrupts, as the case may be,) dated the day of 184 Meeting of creditors on V at (Signed) R. S. Sheriff. 56 SCHEDULE F Odth of Bankrupt. Vide &cc. 40. I E. F. of do swear (lint the nccoLitit of iny creditors contuinedin the Schedule made and signed b me, and now in tlie hands of the as- signee chosn . ov my creditors, is in all respects just and (rue, accordinij to thebestof my knowledife and be- lief; and I do further swear, that I have delivered to Sheriff of the Di^trict of , all my estate, except such parts as are by law exempt- ed from attachment, and su^h as have been necessarily expended for thesupportof myself and my family ; and all my books of account, deeds and j)apers, relating to my said estate, that were in my possession or power when the same were demanded of me by the said Sheriff; and that I have delivered to the said assignees all such of my said estate, books, deeds and papers, as have since come to my possession : and that if any other estate, effects, or other things wliich ought to be assign- ed and delivered to the said assignees, shall hereafter come to my knowledge or possession, I will forthwith disclose or deliver the same to the said assignees : And I do further swear, that there is not any part of my es- tate or effects concealed, made over, or disposed of in any manner, for the future benefit of myself or my family, or in order to defraud my creditors. Sworn at this (Signed J day of E. F. 184 ,"■ F ^A Before me (Signed) J. K. Judge {or Commissioner.) \\ 57 SCHEDULE G. r, that the tliile made 3f the as- spects just i.^'e and bc- .'iivered to w exempt- fiecessarily mily ; and relatinfj to or power V the said I assignees papers, as any other be assign- 1 hereafter fbrlhwitJi lees : And of my es-' osed of in elf or my K. F. 184 sioner.) p '^A Certificate for the Discharge of Bankrupt. Vide Sec, 59. At in the County of To all to whom these presents shall come : I, J. K., JJu^e of the District Court, of the District of (or Commissioner of Bankrupts, as the case may be,) sc! d, greeting : Whereas it hath been made to appear to me, that E. F. of whose estate hath been assigned for the benefit of his creditors, according to the pro- visions of an Act passed in the seventh year of the reign of Her Majesty Queen Victoria, intituled, An Act to repeal an Ordinance of Lower Canada, intituled, An Ordinance concerning hankruptSf and the adminis- tration and distribution of their estates and effects, and to make provision for the same object throughout the Pro- vince of Canada, has made a full disclosure and delive- ry of all his estate, as in the said Act is required, and has in all other respects submitted and conformed him- self to the provisions of the said Act. Now, therefore, I, the said J. K. do hereby certify that the said E. F. is absolutely and freely discharged from all debts, claims and demands, of what kind soever, which have been or shall be proved against his estate, assigned as afore- said, and which are proveable, or by the said Act are declared proveable against such his estate, and which were due by him at the date of the commission issued against him, and from all claims and demands made proveable under the said commission, whether on ac- count of any goods or chattels wrongfully obtained, taken or withheld by him, or otherwise, according to the form of the said Act. And I do further certify, that the said E. F. is, by force of the Act aforesaid, for ever discharged and exempted from arrest and imprisonment in any suit, or upon any proceeding for or on account of any debt, claim or demand whatever, which might have been proved against his estate, assigned as aforesaid. Given under my hand and seal, at aforesaid, this day of year of our Lord (Signed) in the J. K. L. S. : I s \. 1 \\ \