SALIE GAGNON THE LJL^W OP ABANDONMENT OF PROPERTY AND ASSIGNMENTS, IN THE PR-OVIN.CE OF QUEBEC WITH FORMS. COMPILED BY I ! ADVOCATE. /.■( ,.. ' nr r \ MONTREAL A. FeREARH, I.AW FWBItl^HBR 23 St. James St., (near the Court House.) 1885, \ \i\ ,^ .\ ,\\ \\ ■ ' I TABLE OF CONTENTS PAGtf Compiler's Note v Abandonment of Property i Provisions regarding capias i c Forms ' , ^o Table of delays , yj Index. ^ 4r The numbers beside the page number indicate the articles of the Code of Procedure included on the two pages. COMPILER'S NOTE The amendments to the Code of Civil Procedure, made at the recent session of the Legislature of this Province, change that Code so materially, and in so many respects, that it was felt desirable to have the amended law printed in convenient form. Having been retained as counsel to promote the passage before the Legislature of the amendments relating to assignments, I was requested to see to the publication of a manual which would present, in a form convenient for merchants and accoun- tants, the amended sections of the Code of Proce- dure. This is all I have attempted to do, beyond preparing some forms (which it is hoped will be VI found useful) an index and table of delays and adding a few short notes. It may be added that the Bar of Montreal submitted a bill to the Legislature V which had the approval of the mercantile bodies of the Cities of Montre^land Quebec, and although this measure was not entirely adopted yet the pre- sent law contains the substance of its provisions on the subject of assignments. Time alone can decide whether the law will be workable or not ; it is to be hoped that it will supply the want which commercial men have felt to exist, with respect to the management of the estates of their debtors, since the repeal of the Insolvent Act of 1875. Standard Building, ) nth June, 1885. j R. D. M. ABANDONMENT OF PROPERTY AND ASSIGNMENTS CODE OF CIVIL PROCEDURE 763« Any debtor, arrested under a writ of capias ad respondendum^ and every trader^ who 1. Who are traders ? Perhaps no more comprehensive defini- tion can be given than that furnished by the Insolvent Act of 1875, identical, it may be added, with the similar clause in the Assets Distribution Bill as it passed the select committee of the House of Commons, at its recent session. Sec. 1 of the Act of 1875 reads : — " The following persons and partnerships, and unincorpor- ated companies exercising like trades, callings or employments, shall be held to be traders withir the meaning of this Act : " Apothecaries, auctioneers, bankers, brokers, brickmakers, builders, carpenters, carriers, cattle or sheep salesmen, coach proprietors, dyers, fullers, keepers of inns, taverns, hotels, saloons or coffee houses, lime burners, livery stable keepers, market gardeners, millers, miners, packers, printers, quarrymen, sharebrokers, shipowners, shipwrights, stockbrokers, stock jobbers, victuallers, warehousemen, wharfingers, persons insur- ing ships or their freights or other matters against perils of the sea, persons using the trade of merchandise by way of bargain- ing, exchange, bartering, commission, consignment, or other- wise, in gross or by retail, and persons who, either for them- 2 [768] ABANDONMENT OP has ceased his payments,^ may make a judicial abandonment of his property for the benefit of his creditors. In the absence of capias no abandonment can be made, if the deotor has not been so required as hereinafter provided. T63a. Every trader who has ceased his pay- ments may be required to make such abandon- ment by a creditor whose claim is unsecured for a sum of two hundred dollars and upwards.* 764. This abandonment is effected by filing a statement, sworn to by the defendant, and making known : selves or as agents or factors for others, seek their living by- buying or selling, or buying or letting for hire goods or commo- dities, or by the workmanship or the conversion of goods or commodities, or trees ; but a farmer, grazier, common laborer^ or workman for hire, shall not be deemed a trader within the meaning of this Act." Vide Abbott's Insolvent Act of 1864, where an exhaustive review of the question may be found. 2. " Who has ceased his payments," The Code de Commerce, art. 437, says : Tout commergant qui cesse ses paiements est en Stat de /aillite, and the interpretation given to these words by writers of authority would seem to establish that a trader may fall 3. See form A. PROPERTY AND ASSIGNMENTS [T64] 3 1. All the moveable and immoveable property of which he is possessed ; 2. The names and addresses of all and each of his creditors, the amount of their claims, and the nature of each claim, whether privileged, hypothecary or otherwise. Such statement must be accompanied with a declaration by the debtor that he consents to abandon all his property to his creditors. The abandonment is made in the office of the prothonotary of the Superior Court of the district wherein issued the capias^, and in the absence of capias, of the district of the place within the scope of the article, even though he may not be actually bankrupt i. e. though his assets exceed his liabilities. The cessation must apply to trading debts (BouL, 729, Pard. 1101) and the stoppage must be general. As one or two refusals to meet engagements, perhaps for special reasons, would not constitute a cessation, so one or two payments by a trader who has discontinued meeting his payments in general, would not be sufficient to exempt him from the operation of the article. (See 4 Pardessus 1099, 2 Masse 1148, Renouard 127.) Mr. Abbott p. 19, say : " The discretion of the court or judge must be exercised in the decision of each case according to circumstances, for it is plain that the same number of failures to pay, which in one case would be disregarded as affording no evidence of stoppage, might in another case,e8tablish it conclusively." See also Clarke, Insolvent Act, p. 27. ^ 4 [764] ABANDONMENT OP where tlie debtor has his principal place of business and, in default of such place, of the place of his domicile,^ TOS. The debtor must give notice of the abandonment by inserting an advertisement to that effect in the Quebec Official Grazette and by a registered notice sent by mail to the address of each of his creditors. 2 The notice addressed to the creditors shall contain a list of the creditors of the debtor, mentioning the amount due to each. , ' y ' " . . ■'. . -" . ,' ^■.,' k .! ^ - -■ i • ■ !-;:'■(*: : • '' ' :■•',-. ■ - ■ - ■ -•-►,• *' . ■- ■»■■»■ In default of such notices being given by the debtor, any creditor may give them himself. » TOO. A debtor who has been admitted to bail is bound to file this statement and declaration 1. See fVirm B. .i , . ? ., 2. See forms C & D. ; \ ;^ •■'-fi:- 3. No time is mentioned within which the debtor is obliged to give this notice. A reasonable delay must be given him according to circumstances, before a creditor can put him in default to act. It might be advisable in most cases for a cre- ditor to notify the debtor to send notices, immediately on the abandonment being made, and on the expiry of the delay granted in the notice, the creditor could proceed. PROPERTY AND ASSIQNMEMTS [768] 5 within thirty days from the date of the judg- ment rendered in the suit m which he was arrested.^ ■ / . -^ Any person condemned to pay a sum exceed- ing eighty dollars, exclusive of interest from service of process and costs, for a debt of a com- mercial nature, is likewise, after such moveable and immoveable property as he appears possess- ed of, have been discussed, bound, upon being required to do so, to file a similar statement.^ 767. If the debtor is in gaol he may file such statement and declaration at any time, v ;!; , 768. Immediately after the filing of the statement, the prothonotary appoints a provi- sional guardian whom he selects from among the most interested creditors as far as possible, who, either personally or by a person whom 1. Article 776, as amended by the recent legislation, now makes it quite clear that debtors admitted to bail can be impri- soned for a term not exceeding a year, if they do not observe the rule contained in this article, and consequently all doubts here- tofore existing as to this liability have been removed. 2. See form E. i C [TOS] ABANDONMENT OF ' , > he delegates for thai purpose, takes immediate possession of all the property liable to seizure and the books of account of the debtor. ^ The guardian may summarily dispose of any perishable goods and may take conservatory measures under the direction of the judge, or, in the absence of the latter, of the prothonotary. ■. ' .'-,■■ I * The abandonment being made, the court or the judge upon demand of a party interested and after taking the advice of the creditors of the debtor convened for that purpose, ^ appoints a curator to the property of the debtor. Inspectors or advisers may also be appointed at this or any subsequent meeting. The meeting shall be convened within a 1. The guardian doubtless has the right to name such sub- guardians as may be necessary to protect the property. His functions consist of nothing more than taking possession. 2. The proceedings to convene the meeting of creditors may be begun simultaneously with the nomination of the guar- dian. The delay, manner of advertisement, etc., etc , are in the discretion of the judge. ■ ' PROPERTY AND ASSIGNMENTS ['^'69] 7 short delay and in the manner in which the court or judge deems suitable.^ '^^ ^ . ■ «. > • The record of the proceedings upon the aban- donment is then transmitted to the prothono- tary of the Superior Court of the district in which the debtor has his place of business. 2 769. After the abandonment, any proceed- ing by way of attachment, attachment for rent or attachment in execution against the moveables of the debtor is suspended ; and the guardian or the curator has a right to take possession of the goods seized, upon serving a notice' of his appointment by a bailiff upon the seizing cre- ditor or upon his attorney or the bailiff* entrust- ed with the writ ; 1. See form F. 2. The last section of this article will do much to hinder the satisfactory operation of the amendments. The bill as submitted to the Legislature by the Bar of Montreal and the mer- chants of Montreal and Quebec, provided that the record should be transmitted to the district in which the curator had his place of business Members of the Assembly from the rural districts insisted on the alteration as above, as they said, in the interests of country traders. It is to be regretted that these fancied interests prevailed. . 3. See form 6. '. S [760] ABANDONMENT OF The costs upon such attachment made after the notice, or, in the absence of such notice, incurred by a creditor after he had knowledge of the abandonment, either personally or by his attorney or by the bailiff, and in all cases the cost of attachment made eight days after the notice given by the debtor or the curator, cannot be collocated on the property of the debtor when the proceeds are distributed in consequence of the abandonment. ^ T70. The curator is bound to make his appointment known by an advertisement in the Quebec Official Grazette and by a registered notice transmitted by mail to the address of each creditor.^ ' . ; . ' ; v In such notice the curator shall call upon the creditors to file their claims with him within a delay of thirty days.^ 770a, The curator appointed may be requir- ed to give security, the amount whereof is fixed 1. See form H. ,^^-:. J 2. See form L. .'-r --^ -■;.-''';■.•■'■;■ r' ';r.: '•'-■■' ^'•." ■ • ruOPERTV AND ASSIGNMENT { / /^'] 9 by the court or judge and he is subject to the summary jurisdiction of the court or judge. Such security may be given in favor of the creditors of the debtor generally, without men- tioning their names. •: . : , T71. The curator takes possession of all the property mentioned in the statement, and admin- isters it until it is sold in the manner herein- after mentioned. . 1^ I ' . T72. The curator has likev^ise a right to receive, collect and recover any other property belonging to the debtor, and which the latter has failed to include in his statement. The curator may, with the permission of the court or judge, upon the advice of the creditors or inspectors, exercise all the rights of action of the debtor and all the actions^ possessed by the mass of the creditors. The curator may sell the debts and moveables and immoveables of the debtor in the manner 10 [772] ABANDONMENT OP . indicated by the court or judge upon the advice of the parties interested or the inspectors. Upon the demand of the curator authorized by the creditors or by the inspectors or upon the demand of an hypothecary creditor, of which demand sufficient notice must be given to the debtor, the court or judge may authorize the curator or command hiln to issue his vsrarrant^ addressed to the sheriff of the district where the immoveables are situated requiring him the seize and sell such immoveables. The sheriff is bound to execute such warrant, without its being necessary to make any service upon the debtor, but by otherwise observing the same formalities as in the case of a writ de tenis ; and all proceedings subsequent to the issue of the warrant are had in the Sui>erior Court. 7T2a. The moneys realized by the curator from the property of the debtor shall be distri- buted among the creditors by means of dividend 1. See form I. PROPERTY AND A8SIUNMENT8 [TTtlfl] 11 sheets prepared after the expiration of the delays to file creditors* claims, and are payable fifteen days after notice^ is given of the preparation of such dividend sheets. ^ Such notice is given by the insertion of an. advertisement in the Quebec Official Q-azette and by a registered notice sent by mail to the address of each of the creditors of the debtor who have filed their claims or who appear upon the list of creditors furnished by him. The claims or dividends may be contested by any party interested. The contestation for such purpose must be filed with the curator who is bound to transmit it immediately to the prothonotary of the Supe- rior Court of the district in which the proceed- ings upon the abandonment are then deposited or to such other district as the parties interestea in the contestation may agree upon, and such J. . See form J. 2. See form K. 12 [7T3] ABANDONMENT OP contestation is proceeded upon and decided in a summary manner. ; 773. Any creditor may contest the state- ment, by reason : ' 1. Of the omission to mention property of the value of eighty dollars ; \/ • ■ 2. Of any secreting by the debtor within the year immediately preceding the institution of the suit, or since, of any portion of his property, with intent to defraud his creditors ; 3. Of fraudulent misrepresentations in the statement, in respect of the number of his cre- ditors or the nature or amount of their claims. In cases where the debtor has given notice of the abandonment of his property to his cre- ditors as above prescribed, the delay to contest the statement is restricted as to the creditors to whom the notice is sent, to four months from the date of sending such notice. ' 774- The contesting party is bound, within I ■ t PROPERTY AND ASSIGNMENTS [TTB] 13 the same delay, to prove his allegations by all legal means. The court may, however, prolong the delay for making such proof, but not beyond tw^o months. 775. The debtor is bound to attend before the court or before a judge, under the penalty hereinafter imposed, in order to answer all questions which may be put to him concerning such statement. 776. If the contesting party establishes any one of the offences mentioned in article 773, or if the defendant refuses to attend or to answer as required under the preceding j»rticle, the , court or judge may condemn him to be impris- ^ oned for a term not exceeding one year. If the debtor so ordered to be imprisoned, does not surrender himself, or is not surrender- ed for that purpose according to such order, then the sureties are liable to pay the plaintiff the debt, together with interest and all costs. If the debtor discharged upon bail does not produce his statement and declaration within 14 [TTO] ABANDONMENT OP ^ the thirty days mentioned in article 766, such debtor and his sureties are subject to the same penalties and recourse as hereinabove. T7T. If the allegations of the contestation are not proved, within the delays above men- , tioned, the court or judge may order the dis- charge of the debtor ; and the latter cannot again be imprisoned for any debt due the plain* tiff, or any other creditor, by reason of any cause of action anterior to his statement and declaration of abandonment ; and in case of . such imprisonment he may obtain his discharge either from the court or from a judge, upon petition and sufficient proof. « 7"78. The abandonment of his property de- prives the debtor of the enjoyment of such pro- perty, and gives his creditors the right to have it sold for the payment of their respective claims. 77». The abandonment of his property dis- charges the debtor from his debts to the extent only of the amount vv^hich his creditors have PROPERTY AND ASSIGNMENTS [TSO] 15 been paid out of the proceeds of the sale of such property. . T^O. In cases where a capias could not be executed by reason of the absence of the defend- ant, or because he could ^ot be found, and in all cases in which the defendant has left the province or no longer resides therein and has ceased his payments, the appointment, in the manner prescribed by the court or judge, of a guardian and curator may be proceeded with, whose powers and obligations shall be the same as if appointed after an abandonment of pro- perty. . : I f u . ( h':, ;t'-- ♦ "V" :', .'. ,vv.-.>, "-■ .-■**■■ 16 [TOT] ABANDONMENT OP I=I2/O^ISIO:tTS REGAkDING ISSUE OF CAPIAS AD RESPONDENDUM ,:■ V CODE OF CIVIL PROCEDURE. T9T. When the amount claimed exceeds forty dollars, the plaintiff may obtain, from the prothonotary of the Superior Court, a writ of Summons and arrest against the defendant, if the latter is about to leave immediately the pro- vince of Canada, or if he secretes his property with intent to defraud his creditors. T08. This writ is obtained upon an affidavit of the plaintiff, his bookkeeper, clerk, or legal attorney, declaring that the defendant is per- PROPERTY AND ASSIGNMENTS [SOO] IT sonally indebted to the plaintiff in a sum amounting to or exceeding forty dollars, and that the deponent has reason to believe and verily believes, for reasons specially stated in the affidavit, that the defendant is about to leave immediately the provinceof Canada, with intent to defraud his creditors in general, or the plaintiff in particular, and that such departure will deprive the plaintiff of his recourse against the defendant ; or upon an affidavit establish- ing, besides the existence of the debt as above mentioned, that the defendant has secreted or made away with, or is about immediately to secrete or make away with his property and effects with such intent. 790. The writ may also be obtained if the affidavit establish, beside the debt, that the de- , fendant is a trader, that he has ceased his pay- ments and has refused to make an assignment of his property for the benefit of his creditors. 800. The writ of capias may likewise be obtained by any creditor having an hypothecary li^ [HOO] ABAXDONilB>T OF or privileged claim upon an immoveable, upon an allulavit establishing that his claim exceeds Ibrty dollars, and that the defendant, whether ke is the original hypothecary debtor or simply the holder of the property, isy, with the intent of defrtiuding the plaintiif, damaging, deterio^ rating or diminishing the vaiae of the bnmoTe- able* or is about to da so himself or bT others «o as to prevent the creditor from recovering tbn? whole or any part of his claim, to the Jifiaoant of forty dollars^ as proTided by chag- ti?r 4T of the Consolidated Statutes for Lowtr Caiiida. StlH* If the demand be Samided rrpon. a ^Uim. toa: iinliijnidaCfid damages, the writ of <.^ias eaatnot isstte without a judge's ardkr;. ^titjj: eilan.^iiietr granx 0^^ i^&$^ tihe ctifrias, and may fir the amonnr ^f t^ b4«JL U;g^it $i-vitt^ whiciL thft dftjiautaiir msv^ l^i^tedset£. I»R()l»KllTV AND ASSKJNMENTH [Hl8] 19 MI2* III all cases in which a writ of capias may issue, a warrant of arrest may be granted by a commissioner of the Superior Court and be addressed by him either to the sheriff or a bail- iff or any other peace officer in his vicinity. The commissioner cannot issue a similar war- rant at the chef-lieu of a district, unless it be es- tablished before him by affidavit that it was im- possible for the plaintiff or his agent to obtain such writ of capias from the prothonotary or his deputy. S13* Such warrant is in the name of the commissioner who grants it ; it orders the arrest of the person therein designated and his delivery over to the sheriff of the district, who is con- manded to keep him in his custody during forty- eight hours, and no longer, unless before the expiration of that time the plaintiff has obtained and caused to be executed against such defen- dant a writ of capias in the ordinary course. 20 ABANDONMENT OF FOEM A ' *' * * . \ Demand of Abandonment (Art 16Sa). To A. B. {namCy residence, and description of defendant), :> You are hereby required, to wit by C. D. (name, residence, and description of creditor), a creditor whose claim is xinsecured for the sum of $ , to make a judicial abandon- ment of your property for the benefit of your creditors, in the office of the prothonotary of the Superior Court for the District of , according to the provisions of the Code of Civil Procedure, in that case made and provided. . Dated at ^.^ this day of 188 . (Signature of creditor.) * PROPERTY AND A88I(iNMENTS 21 FORM B •? ■ ■ ' " ■' ^ , ■: Abandonment (Art 16^). Province of Quebec, ) c . „ , District of . i Superior Court, • 'a. B., Plaintiff; ' \ '- 1 C. D., Defendant. C. D„ the said defendant being duly sworn doth depose and say : 1. That he, the said defendant, hereby declares that he consents to abandon all his property to his creditors ; 2. That his moveable property consists of the following : , {Here give description of moveable property.) 3. That his immoveable property consists of the following : 22 • ' * ' ABANDONMENT OP » [Here give description of immoveable property/.) 4. That the names and addresses of his cre- ditors and the amount and nature of their claims are as follows : . (Here give names and addresses of creditors^ amount of claim and nature of claim. If privileged^ hypothecary or otherioise^ let it be stated). And said defendant hath signed, C. D.y Defendant. Sworn before us at .} this day of 188 H. & G., Prolhonotary S. C. [:. ■ .-. ,::.'•■ -■■ ■.■■■■ ■ .. f ■ ' . - (': '" f ':. .^':':- PROPERTY AND ASSIONMENTS ' 23 FORM C Notice of Abandonment (Art. 765). (For advertisement.) , Province of Quebec, ) ci • n *. District of .1 Superior Court, » A. B., Plaintiff, I C. D., Defendant. Notice is hereby given that I, the under- singed A. B. of , in the District of , on the day of 188 , in the office of the prothonotary of the Superior Court of the District of , have made a judicial abandonment of my property for the benefit of my creditors. Dated at , this . day of 188 . (Signature of debtor.) u ABANDONMENT OV FORM D Notice of Abandonment (Art. 765). (To be sent post registered to creditors.) (Cop!/ form Cdown to word ** creditors'' and add .) The following is a list of my creditors and the amount due each : No. Name of Creditou. 1 Residence. Amount of Debt. « Dated at , this day of 188 {Signature of debtor.) PROPERTY AND ASSIGNMENTS 25 FORM E Notice to debtor (Art. 766).. Province of Quebec, 1 cs • /-• ^ District of .J Superior Court, A. B., Plaintiff, C. D., Defendant. To C. D., Defendant. Sir, ♦ The debt for which judgment was rendered in this cause exceeding $80 and being of a com- mercial nature, and your moveable and immo- veable property having been discussed, you are hereby required to file a statement of your mo- veable and immoveable property and a declar- ation of abandonment of the same, according to the provisions of the Code of Civil Procedure. Dated at , this day of 188 . A. B., Plaintiff, f • 26 ABANDONMENT OP FORM F Notice of Meeting of Creditors (Art. Y68). Province of Quebec, ) „ • r\ l District of . I Superior Court. A. B. Plaintiff, vs. C. D. Defendant. The defendant having made a judicial aban- donment of his property for the benefit of his creditors on the day of 188 , the creditors of the said defendant are notified to meet in the office of the prothonotary for this District on the day of 188 , at o'clock in the noon to give their advice touching the appointment of a curator of the said property and on such other mat- ters as may lawfully be submitted to them. Dated at , this day of 1 88 . (Signattcre of prothonotary.) PROPERTY AND ASSIGNMENTS 2% FORM G Notice to seizing Creditor j his Attorney or Bailiff (Art 769). .' i. Province of Quebec, ) e • n ^ ™»tr,vt nf Superior Court. District of t ^U^tKSlHJ No. • 1 A. B., Plaintiff, ^ vs. « C. D., Defendant, * ' and E. F., C lira, or of the property of the said Defendant. Notice is hereby given, in pursuance of article 769 of the Code of Civil Procedure, that on the ;' day of 188 , I, the said E. F., of (state address and occupation of curator) y was by order of (describe court or Judge in question^) appointed to be curator to the property and effects real and personal of the said C. D., of (residence or domicile^ and occupation of th6 defen- 28 »' ABANDONMENT OP dant) Defendant in this matter, abandoned by the said C. D., for the benefit of his creditors, the whole as by said Code provided. All persons are hereby notified and required to govern themselves in the premises accord- ingly. . Dated at . , this day of 188 , E. F., Curator. '■ FORM H Notice of Appointment by Curator (Art. 770). Province of Quebec, ) cj /-. i. District of .1 Superior Court. No. A. B., Plaintiff; '':' : ■ " ' . vs, ■' , •., ' , . . . ' ■ ^v ■ • C. D., Defendant, ^ and ,- „'» ,:", ,. . ' ,. E. F., Curator of the property of r ' ;: r the said Defendant. Notice is hereby given, in pursuance of article PROPERTY AND ASSIGNMENTS .' 29 770 of the Code of Civil Procedure, that on the day of 188 , I, the said E. F., of (slate address, and occupation of curator), was by- order of (describe court or judge in question), appointed to be curator to the property and effects real and personal of the said C. D., of (residence or domicile, and occupation of the defen- dant), defendant in this matter, abandoned by the said CD. for the benefit of his creditors, the whole as by said Code provided. The creditors of the said C. D. are hereby notified to file their claims with me, within a delay of thirty days. ■>'■*.. Dated at , this day of 188 . •w E. F., Curator, 30. . •'• ABANDONMENT OF . FORM I .,.- ».••■... ^ Curator's Warrant to Sheriff (Art. 772). ' . ■' Province of Quebec, ) ci - r^ j. District of . I Superior Court .' : No. : A. B., Plaintiff; i)8. C. D., Defendant, ■ ' , ' ■ * ■* and Vv. ■ \ E. F., Curator of the property of said Defenfant. To. G. H., Sheriff^ of the District of Sir, ' ' ^ ,... . . ■ • .1 I, the undersigned E. F., Curator duly ap- pointed, by order of {state court or Judge) y of date of the day of 188 , to the pro- perty real and personal of the said defendant C. PROPERTY AND ASSIGNMENTS 31 D. of (residence or domicile and occupation of de- fendant), and authorized {or commanded) by order of (state court or judge), do hereby require you, in virtue of Art. 772 of the Code of Civil Proce- dure, to seize and sell, pursuant to the provi- sions of the said Article 772, the following im- moveables, heretofore the property of the said defendant CD. ~ (Here give description of immoveables,) Dated at , this day of 188 E. F., Curator. V'S' .-->" . V-' •. Sit '■ ' ABANDONMENT OF FORM J , Notice of preparation of dividend sheets (Art. 772a). „ . ... ». r. . Province of Quebec, ) Q„^^.^^ p^„. District of / j Superior Court, . _. - A. B., Plaintiff; "...\, ,- ' I. . . . ■ „ . . vs, . . - : .:. .:■ C. D.f Defendant, and E. F., Curator. I, the undersigned E. F., Curator, duly ap- pointed to the property of the said E. F., defen- dant, do hereby give notice that a dividend sheet has been prepared in this matter pur- suant to article 772a of the Code of Civil Proce- dure and that all persons are required to govern themselves accordingly. Dated at , this day of 188 , '\' PROPERTY AltD ASSIGNMENTS 33 FORM K Form of Dividend Sheet (Art n2a). Province of Quebec, ) ^j • /-. x District of ' Superior Court. A. B , Plaintiff, 4 vs, . C. D., Defendant, and * E. R, Curator. Dividend Sheet of moneys realized by E. F., Curator from property of said C.[D., defen- dant. AMOUNT REALIZED From.... I From From.....^^... Total........... 4 ,~ Expenses,,,, Balance to he divided,,,,,:,,,. ..,.% ' -V' 34 ABANDONMENT OF TO BE DIVIDED No. CUKDlTOll's NAME. RESIDENCE AMOUNT OF CLAIM. AMOUNT OF DIVI- DEND. 1 ; • V- * ' ' ," '.''<'' ' -■ 5 * • ■ ■ ' ' - < ! • • * 4 • - 1 . '■ V Total. :* i'^-; ■■;■;> E. D., Curator. ***»««««•• •* •. • ..*. * V ■« ^' .'_ *. *." i ^ * .*, * >. - .-! 4 . i- ••*'»>••. :^/ PROPERTY AND ASSIGNMENTS 3^ • FORM L >•'> Form of Claim (Art. 770 & 772a). Province of Quebec, ) ^ • n l District of . ! Superior Court. In the matter of A. B., Plaintifi; 0. D., Defendant, ■:"''•[. " ' ' ' '■ and E. F., Curator, ■, , ■ ' . .< - .) and ■ ' ' ' • ' '' - \ Gr. H., Claimant. I, G. H., of - being duly sworn do depose and say : 1. I am the claimant {or the duly authorized age0 of the claimant)^ in this behalf, and have a personal knovirledge of the matters hereinafter .34 ABANDONMENT OF deposed to, or a member of the firm of claimants in the matter, and the said firm is composed of myself and of J. K. 2. The Defendant is indebted to me {or to ihe claimant) in the sum of dollars for (here state the nature and particulars of the claim, for which purpose reference may also he made to accounts or documents annexed), S. I (or claimant), hold as security for the claim, (or I or the claimant, hold the follotving and fM other security for the claim, namely : state the particulars of the security), ■ -> To the best of my knowledge and belief, the security is of the value of dollars. t-" ,•.,■■-> , ^ - ■ , ■• And I have signed, <■■' '- .'r . "■■- ', •.. .ii-.i^ .-'. ,. . , ]., ."r: .{) r > ' ' {Signature) E. F., Claimant. '' ■'■ - \ Sworn before me at this day of £ .♦r ♦ 4. t ■•-II • ■'.-.^ TABLE OF DELAYS Appointment of provisional i Immediately after the Htate* Guardian, \ ment is filed. (Art, 768.) Meeting of creditor* to advise as i Short delay Discretion of court to curator f etc. \ or judge (Art 768.) Costs of attachment not to be col located o donment. If made after notice or after knowledge of creditor, attor- , , ^ I I ney or hailiff, and in all c«».se8 'J*'" „r i'roc.«f/« of aban- ^ ^^^^^ ^^^^ g ^^^^ ^^^^^ ,^^^j^^ given by creditor or curator (Art. 769.. ( Within 30 days after notice ot Claims to be filed with curator \ curators appointment. (Art. ( 770) Delays on execution of curator's i Same as in ordinary cases of writi warrant to seize immoveables. \ de terris. (Art. 772 ) , ^ i After expiry of delay tofilecre- Freparatton of dividend sheet, j ^j^^^.^, claims. (Arf. 772a ) .'■■■,',:■ V,,,-- , ., -: ■'•■^ ■ ■ 1 5 days after notice of prepara- Payment of dividend. \ tion of dividend sheet. (Art. 772.-1 ) 38 TABLE OF DELAV8 (30 daVK from duie of jiulgnieiit Filing of sfaicmnit by debtor \ j^^ ^j^j^ j„ y,\^\^^.\^ i,e whh ar- admitted to bail. j roKtud. (Art. 77(5.) Contestations of statement bf, L 4 months from date of notice of creditors to whom notice is I abandonment Kent l»y debtor. sent. \ (Art. 773) , ^14 months: delay may be pro- Delay for proving allegations oj \ jonged by court, not beyond 2 contestation . , ( months. (Art 774.) Contestation of claims and divi- dend sheet. ( No fipecial delay iw mentioned, I but as dividends are payable 15 days after notice of prepa- J ration, it is evident that con- ^ testations must be filed before the 15 days elapse. The proceedings on contestion* are summary. (Art. 772a ) - X' . y; V-M- •■mt. ^ > ' I f /'• I .'!:"■. ,':'!' . •> izsriDEX TAe numbers refer to the Articles, ABANDONMENT. articles Who majr make 763 How made ^ 764 Where made ibid. Declaration of must be filed ibid. Notice must be given 765 Form of Form B Effect of 778 Demand of, form Form A ADVISERS.— ^ee /w.^pec^or* : ! APPOINTMENT.— ^gg Curator, Guardian. Of guardian 768 Of curator. ibid. When debtor cannot be found 780 Notice of, by curator Form H .'. INDKX ' 41 .ASSIGNMENT —See Abandonment, ' - 'ATTACHMENTS. , . , Suspended after abandonment 768 CAPIAS. . When obtainable 797 Few obtained 798 . Against trader 799 By hypothecary creditor 800 , .. Upon unliquidated claim 801 Grantable by commissioner ; 812 • Eftect of commissioner's warrant 8 1 3 CLAIMS. Must be fyled in 30 days after notice 770 Contestation of 772a CONTESTATION. Of claim or dividend sheet 772a ' , if Of statement 773 • Proofof , 774 ^ ^ Delay may be extended ihid. , COSTS.' ■;-;' ':'."'■ , ; ' ,. Incurred by creditor after abandonment 769 - CREDITORS y ' ^ Meeting to advise as to curators '\ ,,\'. 768 Shall be convened with short delay ibid. Must fyle claims in 30 days after notice 770 42 INDEX ';,_>'■' ■^.,' '';';.■■■■'■ ' ' Adrice of, as to actions to be taken by curator .... 772 Adrice of, as to seizure of immoveables ibid, .\ ' Notice of meeting Form F Notice to seizing creditors Form G CURATOR. ' '. Appointed on demand of party interested 768 Advice of creditors taken ibid. Notice of appointment 770 May be required to give security 7 70a Subject to summary juridiction of court ibid. Has right to collect debtor's property 772 " ' May exercise actions of debtors and creditors ' ibid. May sell debts, &c ibid. To issue warrant to sheriff to seize immoveables. . . ibid. Form of warrant Form I Appointment when debtor cannot be found 780 DEBTOR. . May make abandonment 763 • Must give notice . . „ 765 Admitted to bail, must abandon 766 In gaol 767 Attachments against suspended by abandonment.. 769 Entitled to notice of demand to seize ilnmoveables. 772 Bound to attend before court or judge *...., 775 DELAYS. Table of. ;':,1: V' '- ■ ' ': INDEX ^g. DISCHARGE. y - : vr^^t^^f^^' Of debtor when contestation not proved '. . . ;" 777 Of debtor by abandonment. What "^ 770 DIVIDEND/ ; f \ .: Sheets prepared after expiry of delay to fyle claims. 1l2a ^^^'^of.. j,^^^ Payable 15 days after notice ; , 773^ "^ ' Notice of..., .... .... .^ ifnd. , , Form of notice of preparation _ . p^rm J ^' Sheet may be contested ^^ 772a Contestation summary ^ ^ •» • . Where it takes place ^f^-^ IMMOVEABLES. Demand by curator for warrant to sell 772 ' ' Notice of demand to be given debtor i^vrf. IMPRISONMENT. For what offences ..... .776 INSPECTORS. May he appointed 7gg Adrice as to sale of property 772 Advice as to seizure of immoveables ihid, NOTICE. ^ '-:,;lL:',:i, ...■.■"'. / ' ' ' - ' ' . ' ,."\':, /'_■;• Of abandonment , . . , ... , 765 ^o^^of ;...;..:: ..., F^rmO -••■; 44 • INDEX Registered to creditors 765 Form of Form D What it must contain ibid^ In case of default of debtor sending ibid. ^ ;. I In case of attachments t ...... . 769 Form of Form G Of appointment by Curator 770 Form of Form H Must be advertised ibib. Sent registered to creditors ibid. Shall call for claims to be filed ibib. - Ofdividend. 772a < ... , . Form of .....' Form J * Of demand to sell immoveables to be given debtor. 772 PROTHONOTARY. Receive abandonment 764 Appoint provisional guardian 768 PROVISIONAL GUARDIAN. Appointed by prothonotary 768 Duties of ibid. Appointment when debtor can't be found 780 . • -('.■■'. RECORD. . ; Transmission of 768 ' ' ■ -'.-■ '.' ■■■ ■' : ■ ' ■•- V ■■ ■- - '■' — '- ;: L "SECRETING. '" V ; ''''" "1 :':':-^''^'i ' '■■■>'■■ J'' '^■■, By debtor ground of contestation 773 INUKX 45 SECURITY. ■■' ■ • - -- . > Of curator .".. 775 SHEHIFF. ; i'?_ Bound to execute curator's warnnit 772 Form of warrant to . . , ^ t r oriQ 1 STATEMENT. Must be sworn to h^. 764 What it must contain.; .^.^ By debtor admitted to bail 7^^ By debtor for over $80 ,- • , ^ i5td. Notice to file ^j, „ Form E By debtor in goal ^^ Contestation of . . 773 Delay to contest ., . , tbid. WARRANT. Of curator to sheriff ^^2 Form of ^ _. Form I No service of debtor required ; . ; ^^^j Subject to rules of writ de terris j^,-^ Proceeding had in Superior Court ii,i^^ "*..;. KENT S TURCOTTE AggODNTANTS AUDITORS (..v.; .■: ;(, ■AND COMMISSIONERS '• No. 7 Place d'Armes Over Jacques-Cartier Eank, _:^ S F> E; C 1 A. L I X Y 1^ ■''Ifi {/f ^ t ■•''-■-•"•■ '■ "■■■'■■'■. .'^1 ' THE SETTLEMENT OF AFFAIRS IN INSOLVENCY. : A. L, Kent, A. Turcotte. /'■'■■:•■ j;':.^;. ; ., ^'^ .> ,-% ■* C: DESM^RTEAU Mi ai^d Affect i' 1608, NOTRE-DAME STREET I- MONXREAIv. TRUSTEE FOR LIQUIDATION BUSINESS. PrnpBrtiBS for sale or to let moneij to loan, sbUIb- ment of Bstates, callBntian of VBiits, accounts . /„ /. and nates, Insurance business, 5:c. RIDDELL & STEVENSON ACCOUNTANTS ' TRUSTEES ^ FINANCIAL AGENTS No, 22, St. Johri Street *■.: '■»•< MONTREAL. HENRY WARD & CO. • ACCOUNTANTS Real Estate p^^ Kollecting Agents ,,.,, 260. ST. JAMES STREET NIONXREAL, F*. Q. N. B. — Special attention given to insolvency matters. Trust estates economically administered. Mortgages negociated. Col- lections made in all parts of the Dominion and promptly remitted. • hunson brothers iccouniants, ' Financial Agents .. * : , TRUSTEES v> .^r • ^1 . OF INSOLVENTS AND OTHER ESTATES, &c. No. 178, St. James Street NlONTREAIv. CoiniiiissioQcrs for Quebec, ODtario, Manitoba, New Brunswick, 4c. ' ' ■ ' 1 ■ • , '' ' • 'k;j!\ EDWARD EVANS : .' ■:'^S /•/...- _ •■ ^- ,-.;.-■•■• ACCOUNTANT MONTREAL, 207 & 215, St, James St, . ,.:..--.. • (Nordheimer's Hall) r r LAJOIE&SEATH '. .-.r • ' ■ *, ■ • ' o I OONT/NTS k AUDITORS • • • ■ fc r 1 COMMJSSIONKRS ;f-.^: J.- ;^sr .•:';. VJvf: NOS. 96 ^^ 98 ST. JAMES STREET (OPPOSITE LA BANQUE DU PEUPLE) MONTRKAL* L Jos. Lajoi^. David Seath. CALDWELL S TAIT AUDITORS ACCODNTANTS AND TROSTEES COMMISSIONERS FOR ..»■ J-- QUEBEC, ONTARIO AND MANITOBA. ^c-.^xa■ ;.xC> ' ; i No. 96, Xt PranGois-Iavier Street ' I. .vy MONTREAL. • \ • i W. Alex. Caldwell. Robert Tait. GEO. DAVELUY ACCOUNTANT AND INSURANCE BROKER 1618, NOTRE-DAME ST. IvlONTREAL. SETTLEMENT OF LIQUIDATION BUSINESS GEO. DAVELUY COMPTABLE ET COURTIER D'ASSURANCES 1618, RUE NOTRE-DAME MONTREAL. SE>ECI.A. tilTE : REGLEMENT D'AFFAIRES DE FAILLITES. • t