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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to l>e entirely included in one expoaura are filmed beginning in the upper left hand corner, left to right and top to bottom, aa many frames aa required. The following diagrama illustrate the method: Les cartes, planches, tableaux, etc.. peuvent itre filmte k des taux de reduction diffArents. Lorsque le document est trop grand pour itre reproduit en un seui ciich6. ii est fi!m6 A partir de I'angle supArieur gauche, de gauche A droite. et de haut en bas. en prenant le nombre d'images nicessaire. ilea diagrammes suivants iilustrent la mAthode. 1 2 3 32X 1 2 3 "4- 5 6 ^7*^ £ BANKRUPT .1/ NOW IN FORCE IN THIS PROVINCE. Montreal:* ftoTEO BY STEWART DERBISHIRE & GEO Law Piinter to the QtMMi't Most ExoelleDt 1846. .7 » ' . ':) ANNO NONO VICTORi.E REGIN^; CAP. XXX. All Act to continue and amend the Bankrupt l^avvs now in force in thigt Province. [mjune, 1846.J WHEREAS it is ex'pedieht to continue, with Pre-^mliie. certain amendnieilts and provisions, the Act hereinafter mentioned : Be it therefore enacted by the Queen's Most Excellent Majesly, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and asfeembled bv virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, and intituled, ^n Act to re-unite the Protinces of Upper and Lower Canada^ and for the Government of Canada, and it is hereby enacted by the authority Act 7 vict'. c. of the same, That the Act passed in the seventh I^^ih°am'e"nd? year of Her Majesty's Rei^n, ahd Intituled, An Jlct mcnifi,\.ou\. to repeal an Ordinance of Loicer Cdnada, wlhulcd, Jnrto't^c'cnd * AnOrdinance concerning JUankriipts, andtieAdmi- of the next * nisXraiion and Distribution of tlieir Estates anttEff'ects,* Session. and to make provision for the same object throughout the Province of Canada, shall fee ahd i^ hereby con- tinued, and shall remain in force until the first day of June next, and thence until the end of the then next Session of the Provincial Parliament, and no longer, subject to th^ amendments and provisions . . hereinafter made, which shall apply to and affect all 3^ Commracc' ment of thi» Ac. proceedings to be had, or things tot be done after th« passing of this Act, although such proceedings or . things may relate to cases in which the Commission of Bankruptcy shall have issued before the passing hereof; but the said provisions shall not apply to or affect any proceeding had or thing done or any decision given, before the passing hereof, in any such case, save and except in so far as it may, in either section of this Province, be held that they or aiiy of them may be inferred from those in the said Act, as the legal consequences thereof, and to be therefore only declaratory of the existing law ; and their enactment in this Act shall not be construed to prevent such inference, if without this Act it could have been fairly made. II. And be it enacted, That (except as hereinbe- fore excepted) the following provisions of this Aci shall have force and effect upon, from and after the first day of July next, one thousand eight hundred and forty-six, and not before. III. And be it enacted, That if in any case where- in, by virtue of the Act of the Legislature of Lower Canada, passed in the ninth year of the Heign of His late Majesty, King George the Fourth, and intituled. An Act to facilitate, the proceedings against the Estates and Effects of Debtors in certain cases, a notice shall hare been inserted by order of the proper Court, in a public newspaper and in the manner by the said Act provided, for a Trader Debtor to appear in such Court within two months, and await the judgment of the Court, then, if such Trader Debtor shall not appear, either in person or hj attorney, within the time specified in such notice, and show reasonable cause why the Court should not proceed to judgment in the suit or action, the default of such Trader so to appear shall be an act of Bankruptcy. Bond nnder IV. And be it cuactcd, That the Bond given under ?vict. c. 10,° the provisions of the fifth and eighth sections of the Not appearing when called in the manner provided by the Act of L. C. 9 Geo. 4, e. 28, to be an Act of Bank- ruptcy. i fter the lings or mission passing pply to I or any in any nay, in they or the said I to be w; and rued to it could ireinbe- his Aci fter the mndred where- Lower of His tituled. Estates e shall urt, in le said n such lent of II not in the onable gment rsoto under of the first above cited Act, to pay whatever sum shall be re- to Im roid after covered in any action which shall have been or shall Jf"lJj'5iJj5JJ thereafter be brought for the recovery of any demand action. or residue of a demand, shall be null and void against the sureties, after the lapse of one year from the d||| thereof, unless the action for the recovering of suW demand or residue shall have been brought within the said period of one year. V. And be it enacted, That in addition to the Proof muatb* proof of the Act of Bankruptcy required by the JinyUatra* twenty-second section of the Act first above cited, der, iiefore » before any Commission of Bankruptcy can issue, it can'^SIui*" shall also be requisite that it be proved to the satis- faction of the Judge or Commissioner, by the oath of at least one credible witness, not being a Creditor, that the party alleged to have committed the act of Bankruptcy is a Trader within the meaning of the said Act. Sheriflf autho* rized to break open doors, &c , where Bankrupt's ef- fects may be, and to seize 8uch efTects wherever found. VI. And be it enacted. That the Commission of Bankruptcy shall be sufficient warrant and authority to the Sheriff to whom it shall be directed to break open any house, chamber, shop, warehouse or door, or any trunk, chest, desk or other thing, in any place where the Bankrupt or any of his effects shall be reputed to be, or the Sheriff shall have reasonable cause to suspect they are, and to seize upon and se- cure the el. ts of such Bankrupt, wherever they shall be found in his possession, or in the possession of any other person. • VII. And be it enacted. That ten days before a Ten days be- final dividend shall be advertised under any Bank- SentiSaf" rupt's estate, the Assignee shall fyle in the record of dividend, a«. proceedings in such case a Debtor and Creditor ac- »? account'" count between the said Assignee and such estate, ^*jr"P^"'' showing also the monies remaining uncollected under ut«. such estate and the cause thereof, a copy of which account shall be delivered to any Creditor applying for thf same, who shall have proved a debt under ^ L c ^'/ 6 Right! of tho Lessor, &c. under l.ca8oa made to por- aons ail(*r- wardii becom- ing Bankrupt. Lease to be cancelled un- less the As- fii^nec declare his option to continue it. Assignee must elect whether he will accept or decUne any lease or agree- ment for a lease. " Bankrupt dis- charged from urther pay^ ment under it if he deliver it up as hereby required. such CommissiQii of Bankruptcy, upon his applica- tion, and on payment of a ruason^ible remuneration for the same. ♦VIII. And be it enacted, That the lessor of any lands or real property under a lease originally made for more than one year, to a Trader subsequently made a Bankrupt, shall be paid his rent in full to the end of the then current yearly term, provided the Commission issue three months before the expiration of the said yearly term, froip and out of the iiet proceeds of the personal effects of the Bankrupt in j»nd upon the said lands and re^l estate at the date of the said Cammission, after payment of the expenses incident thereto, if tlie other estate of the Bankrupt be insufficient for the payment of the said (expenses or part thereof; and at the expiration of the said yearly term the lease shall be cancelled by the Bank- ruptcy, unless the Assignee shall declare his option to continue the lease according to its tenor, for the benefit of the Creditors, in which case the lessor ^liall receive the present value of his rent to the end of the term, which said present value shall be cal- culated on the rent stipulated to be paid by the lease, and the unexpired term of the lease may be sold or otherwise dealt with by the Asjsi^nee as the other j^rpperty of the Bankrupt. IX. And be it enacted, That any Bankrupt enti- tled to any lease, or agreement for a lease, shall not, if the Assignee accepts the same, be liable to pay any rent accruing after the date of the Commission, or to be sued in respect to any subsequent no^^.observance or nonperformance of the conditions, covenants or agreements therein contained : and if the Assignee decline the same, shall not be liable as aforesaid, in case he deliver up such lease or agreement to the les- sor or the person agreeing to grai>t a lease, within fourteen days after he shall have had notice that the Assignee shall have declined as aforesaid ; and if the Assignee shall not (upon being required) elect whe- I applica- meratioii >r of any lly made eqiicntly ill to the aded the cpiratioji the jiet iknipt in e date of sxpenses lankriipt expenses the said le Bank- s option for the ) lessor the end be eal- le lease, sold or I other pt enti- lall not, my any I, or to ervance ants or ssignee aid, in the les- within hat the if the 2t whe- ther he will^accept or decline such lease or agreement for a lease, the lessor or person so agreeing as afore- said, or any person entitled under such lessor or person so agreeing, shall he entitled to apply by petition to the Judge or Commissioner, who may order him to elect and to deliver up such lease oA agreement in case he shall decline the same, and the possession of the premises, or may make such other order therein as he shall think fit. X. And be it enacted, That if any Banknipt shall Case of Bank- have entered into any agreement for the purchase of agfLd7o"mir- any estate or interest in land, the vendor thereof or cuasc land, any person claiming under him, if the Assignee of ^™ such Bankrupt shall not (upon being thereto requir- ed) elect whether he will abide by and execute such agreement or abandon the same, shall be entitled to apply by petition to the Judge or Commissioner, who may thereupon order him to deliver up the said agree- ment, and the possession of the premises to the ven- dor or person claiming under him, or make such other order therein as he shall think fit. ^ XI. And be it enacted, That the Judge or Com- ./missioner shall have full power and authority to I require and compel any witness summoned before him under the thirty-sixth section of the Act first : above cited, (which word " witness" shall be held to \ mean every person, without any exception, whom I the said Judge or Commissioner shall believe capa- - ble of giving any information concerning the several matters which may arise in any Bankruptcy, or to give evidence in such matter, any law, usage or cus- tom to the contrary thereof notwithstanding,) topro- \ duce any and all books, papers, writings, plans or \ other documents whatsoever which may be injbe , cjist ody or powe r ^of such witne^ and may appear ' to such Judge or Commissioner requisite tojhe veri- ly ficationjof the^eyidence of suchwitness, or to the fufl idisclpsuceLaiid iuidai::standing.of. any matter or thing iwhich such Judge or Commissioner is authorized to knquire into. Judge or Com- missioner may compel the pro<)uction of papers, &c., ia tlic power of uiiy witness. Who shall be deemed a witness. h hi |! Stet. 41 of 7 All. Anid, in amendment of the forty-first section amended! M to ®^ *^® ^aid Act, in so far only as regards any person p«"»n«*jco'n" or persons against whom a Commission of Bank- hewafti'r/"'" Hiptcy may issue after the passing of this Act— Bo imMloicolStf* cnactcd, That at the second general meeting of poiiiion mny Creditors, after the Creditors who may not have pJoSJcdini*"*^ proved their debts at the first general meeting, but upon such who are then able t > prove their said debts, shall • •'• have proved the same, and after the Bankrupt shall have taken and subscribed the oath prescribed by the fortieth section of the said Act, such Bankrupt pr his friends, (and in case of a Company, one pr niore of the partners thereof) may offer a composition to the Creditors on the whole debts /including those debts not proved) with security for the payment of the same, and if the majority of the Creditors in number and value, present at such meeting, shall resolve that the offer and security be entertained for consideration, the Judge or Commis- sioner shall order a meeting to be held not sooner than twenty days and not later than sixty days from the time of the making of such offer of composition for the purpose of deciding on such offer, and the Assignees shall forthwith advertise, in the Canada Gazette, that an offer of composition has been made p,nd entertained and that it will be decided upon at the meeting ordered to be Held for that purpose, and shall specify the hour, day and plac , and also (so far as may be possible) transmit by post letters to each of the Creditors claiming upon the estate, or men- tioned in the Bankrupt's Schedule of his Creditors, containing a notice of such resolution and of the day and hour at which and place where the said meeting is to be held, and specifying the offer and security proposed, and giving an abstract of the state of the affairs and of the valuation of the estate, so far as the same can be done, to enable the Creditors to judge of Penalty on aa- the said offcr and security ; and if any Assignee fail tif Mrfonil'hfs *^ perform the duties imposed upon him by this sec- duty in such tion of this Act, he shall be liable to dismissal from *"*■ his office, upon Petition to the Judge or Commis- cli 8UI sh Bi" foi first Section any person I of Bank- s Act~Bo meeting of not have eeting, but lebts, shall krupt shall scribed hy Bankrupt pany, one y offer a hole debts security e majority lent at such ecurity be [• Commis- lot sooner days from ►mposition sr, and the le Canada een made pon at the pose, and so (so far rs to each . or men- Creditors, )f the day i meeting security ite of the far as the ) judge of gnee fail this sec- ssal from Commis- i4on'er, and be condemnerovcd and de* iverance pro* noaneed. II ("i Effect of such dclivcranco. • ? n u w Proviso as to debts not in the Schedule. Proviso as to fees of assig- nee and tosts. Conditions to be attached to deUverancc. Proviso : rea- sons of dis- allowing offer to be assigned 10 Commission of Bankruptcy at an end, and the Bank- rupt re-invested in his estate (reserving always the claims of the Creditors for the said Composition against the Bankrupt and his surety and sureties,) and the Bond executed as aforesaid shall remain of record in the Court of Bankruptcy from which the Commis- sion against the Bankrupt issued ; and the deliverance so pronounced shall operate as a complete discharge and acquittance to the Bankrupt in the terms thereof, but shall not release or discharge any person who was partner with the Banknipt at the time of his Bankruptcy, or who was bound either as a debtor or surety, Qr otherwise, for any of the debts included in the said Composition, unless such persons be express- ly mentioned in the said offer of composition, in or- der to be discharged thereby : and the said Bond so executed and fyled as aforesaid shall be available to all the creditors mentioned in the Schedule of the Bankrupt's Creditors as well to those who may not have proved as to those who shall have proved their debts ; Provided always, that no composition and de- liverance as aforesaid shall operate as a discharge, or in any way defeat or affect any debt due by the Bank- rupt not included by him in the Schedule of debts due by him ; and provided also, that tlie Judge or Commissioner pronouncingany such deliverance shall determine the amount of compensation to be paid to the Assignee for his services, and the Bankrupt and his surety or sureties shall be jointly and severally liable for the due payment of all the costs of the proceedings in the Court of Bankruptcy, which, if such composition had not been made would have been payable from and out of the Bankrupt's Estate, and also for the due payment of the compensation due to the Assignees : and the Judge or Commissioner shall attach such conditions to the delivery of the Estate to the Bankrupt, as may appear to him to be necessa- ry to secure the punctual payment of the said costs and compensation ; and provided also, that if the Judge or Commissioner refuse to sustain the offer of composition, he shall, in his judgment respecting the same, the usij the G Court w n the Bank- always the pmposition reties,) and |n of record e Commis- leliverance discharge s thereof, lerson who Ne of his debtor or neluded in >e express- ion, in or- I Bond so mailable to le of the > may not 5ved their )n and de- ^harge, or he Bank- of debts Judge or Lnce shall B paid to ^"pt and severally s of the vhich, if ive been ate, and II due to er shall istate to lecessa- d costs if the 3ffer of ng the Sect, 42, of 7 Vict. c. 10, rrpealed, and a Cli-rk to be appointed to n<;t instead of tho Clerks ap- pointed under the said sec- tion ; and to receive papers, &c. from them. 11 same, specify the grounds of refusal and an appeal in . the usual course ^shall lie at the instance of any of j the Creditors or of the Bankrupt himself to the i Court of Review. XIV. And be it enacted, That the forty-second section of the said Act shall be and is hereby repeal- ed, and it shall be lawful for the Governor from time to time to appoint in each District of this Province a proper person to be and act as Clerk in all matters of Bankruptcy, and under alfCommissions of Bank- I ruptcy issued in such District ; and the Clerk who 1 shall have been appointed before this Act shall come j into force, in any case of Bankruptcy, shall forth- l with deliver over all papers filed in the course of the proceedings in such case or in any way relating to the same and in his custody, to the Clerk to be ap- pointed in and for the said District, ; nd may be com- mitted by the Judge or Commissioner for contempt if he shall fail to obey any order made in that behalf ; and it shall be the duty of such Clerk to keep a re- cord of all regular meetings of Creditors in every case of Bankruptcy in his District, and of all the proceedings thereat, and to preserve and keep all pa- pers duly filed in the course of the proceedings, and perform all such other duties appertaining to his office as shall be prescribed by the Judge or Commis- sioner, (or a majority of them if tliere be more than one,) and the record of the proceedings in each case and of the Certificate of Discharge, and co])ies of all such papers or proceedings in the custody of the said Clerk, or any part thereof, signed by him and certified by the Judge or Commissioner (or one of the Commissioners) shall be deemed authentic and shall be admitted as evidence, primd facie, of the facts therein stated and contained, in all Courts in this Province. XV. And be it enacted. That in every District for Acts of ono which there shall be more than one Judge or Com- Soner^in'"' missioner authorized to issue Commissions of Bank- any case to His duties. Use of certified copies of pro- ceedings in evidence. \M ■«* vw, ki :v» t> 11 12 bind the real niptcv, anv official act done, or any judgment eiven, in the same j j* _ •tjij.i. Dwtrkt. or order made in any case in Bankruptcy, by one or more of such Judges or Commissions shall bind the rest, and shall not be subsequent!) .ijt aside, al- tered or inquired into by them or any of them, or otherwise than by the proper Court of Review ; but the Judges or Commissioners sitting in each case at any time, shall take up and continue the proceedings therein, from the point to which they shall have been brought by the Judges or Commissioners who shall have then last sat in such case. Riicital. Certain merely Ministerial Acts may be performed by persons having been Commis- eionors of Bankrupts al- though they may nave ceased to be so. XVI. And whereas there are cases in Bankruptcy commenced under the Ordinance of Lower Canada concerning Bankrupts repealed by the Act hereby amended, by the Commissioners of Bankrupts ap- pointed to execute the same, and also in cases com- menced by the said Commissioners under the said Act, in which all the proceedings prescribed by the said Ordinance and Act have been had and comple- ted, save and except the performance of certain Mi- nisterial Acts by, or the affixing of the signatures of such Commissioners to the Certificates authorized by the said Ordinance and Act, and in respect to which Ministerial Acts and affixing of signatures the Com- missioners of Bankrupts under the said Act have no power or jurisdiction, and the said Commissioners under the said Ordinance by reason of their removal from office and by lapse of time have been unable to perform such Ministerial Acts or to affix such signa- tures : Be it enacted. That it shall be lawful for any person having heretofore held the office of Commis- sioner of Bankrupts, under the said Ordinance, to do and perform any Ministerial Acts which may be ne- cessary to complete and terminate such proceedings, and to grant and affix his signature to such Certifi- cates in all cases in which such person (having then power in his discretion so to do) intended to perform, or would have performed such Ministerial Act, or intended to grant and would have granted, or affixed his signature to such Certificate and Certificates be- bre sue ill sucl nade aij la, sha^ mannei made a1 office ol ihall H ionfiri 1 ^^fl ■ missioi power prison, I any la sitting XV 1 shall \ ing hi fully Court; ' rency under bydii offen( comr ingo aft( # 1^ Jgwent given, ^.y» by one or shall bind 3t aside, al- oi them, or Review; but each case at proceedings shall have sioners who Bankruptcy wer Canada Act hereby ikrupts ap- ^ cases com- er the said •ibed by the nd comple- certain Mi- ignatures of thorized by 3t to which s tlie Corn- et have no imissioners ir removal I unable to uch signa- ^1 for any Commis- nce, to do ay be ne- >ceedings, » Certifi- ing then perform, Act, or r affixed 3ates be- fore such removal from office or lapse of time, and 11 such Ministerial Acts and Certificates wherever ade and executed within the limits of Lower Cana- a, shall be good and valid, and shall a;vail in like anner and as if the same had been performed or ade and granted previously to such removal from office of such person or to such lapse of time, anun1^ ■airs mch lame :tbe state siicii lisal- law- ^Jerti- ,vhom« !r the satis- f fifths Bank: under nds or hCer be in er any in any mkrupt r Com- n force, for any his Pro- 311 until nor to h second issing of bankrupt ecute all ich hills, li checks ny other such lawful act or thing as the Assignee of the estate shall, at any time, reasonably require, and which may be necessary for enabling him to demand, recover and receive all the estate and effects of such Bank- rupt, shall be held not to have delivered up all that part of his estate in his possession, custody or power, and shall be deemed guilty of felony, and shall be liable to be punished in the manner in and by the • fifty-first section of the said Act provided. XXIV. And in amendment of the thirty-third sec- Place of sale of tion of the said Act — Be it enacted. That all sales of rca"p™JJrV the real property of any Bankrupt shall be made at ascertained. the place where the sittings of the Judge or Commis- sioner are held, or at such other place as the said Judge or Commissioner shall appoint ; and that the place of sale shall be mentioned in every notice of sale of the real estate of a Bankrupt, nor shall any such property be sold until at least four montlis after notice of the place of sale shall have been so given. Titles to ea- tatcs sold un- der Commis- sion not to bo impeached for defect in suing out the same^ &c., except under certain conditions. XXV. And be it enacted. That no title to any real or personal estate sold or to be sold under any Com- mission, or under any order in Bankriptc}^ shall be impeached by the Bankrupt, or any person claiming under him, in respect of any defect in the suing out of the Commission, or in a^y of the proceedings un- der the same ; and that no such title after this Act shall come into operation, shall be so impeached for any other cause, unless the Bankrupt or person claim- ing under him as aforesaid shall have commenced proceedings to supersede the said Commission and duly prosecuted the same, within twelve calendar months from the issuing thereof. XXVI. And be it enacted, That all persons from Persons JeiiT- whom the Assignees shall have received any real or ^f Sfe^Bank^ personal estate either by .judgment or decree, are .upt, or paying hereby discharged in case the Commission be after- J-mlJ^hL As- wards superseded, from all demands which may there- signee, indem- after be made in -respect to the same by the person or "^^^^' ■^ 16 Sec. 72, of 7 Vict, c 10, repealed. How the Bankrupt may be examined whether before or after obtain- ing hi« Certi- ficate ; and punished if he refuses to tins- wer or to sub- scribe his exa- mination. persons against whom such Commission issued and all persons claiming under him or them ; ^nd all per- sons who shall, without action or suit bond fide deliver up possession of any real or personal estate to the Assignee, or pay any debt claimed by him, are here- by discharged from all claims of any such person or persons as aforesaid in respect to the same, or any persons claiming under him or them ; unless proceed- ings to supersede the Commission have been com- menced and proceeded in before such payment or settlement of account. XXVII. And be it enacted, That the seventy- second section of the Act first above cited shall be and is hereby repealed. XXVIII. And be it enacted. That it shall be law- ful for the Judge or Commissioner, by writing under his hand, to summon any Bankrupt before him whe- ther such Bankrupt shall have obtained his Certifi- cate or not ; and in case he shall not appear at the time appointed (having no lawful impediment made known and allowed at such time) it shall be lawful for the Judge or Commissioner, by warrant under his hand and seal, to authorize and direct any person or persons he shall think fi^Ho apprehend and arrest such Bankrupt and brinf, him before the Judge or Commissioner ; and upon the appearance of such Bankrupt, or if he be present at any meeting of his Creditors, it shall be lawful for the Judge or Com- missioner to examine him upon oath, either orally or by interrogatories in writing, touching all matters re- lating to his trade, dealing or estate, or which may tend to disclose any secret grant, conveyance or con- cealment of his lands, tenements, goods, money or debts, and to reduce his answers to writing, and such examination so reduced to writing shall be signed and subscribed by the said Bankrupt, and if the Bankrupt shall refuse to answer any question put to him by the Judge or Commissioner touching any of the matters "aforesaid, or shall not fully answer to the satisfaction n mch land ipt Ithe ters tion of the Judge or Commissioner any such question, or shall refuse to sign and subscribe his examination so reduced to writing as aforesaid (not having any lawfu! objection allowed by the said Judge or CoYnmissioner,) it shall be lawful for the said Judge or Commissioner; by warrant under his hand and seal, to commit him to the Common Gaol of the District, there to remain without bail until he shall submit himself to the said Judge or Commissioner, to be sworn and full answer^ to make to the satisfaction of the said Judge or Com- missioner to such questions as sliall be put to him, and shall sign and subscribe his examination. Wl i XXIX. And be it enacted, That it shall be lawful How any of p.iTJ /^ •• • i» • ^ J. "lo Bankrupt • for the Judge or Commissioner, in maner aioresaid to reintivcs, ex- summon or cause to be brought before him, all persons ^^^ Y^^ ^"^°' connected with or related to any Bankrupt in what- mined, anj ever degree, the wife excepted, any law, nsag^or cus- EoU!!8^\k -inr tom to the contrary notwitstaiiding, and in manner &c. aforesaid to examine them or any of them for the finding out and discovery of the estate, goods, chat- tels or money or debts due to such Ijankrupts of Con- cealed, kept or disposed of by them in their own per- son, or by their own act, or by the Bankrupt or any other person ; and they shall, for refusing to appear or to be sworn, or to answer, or to sign or subscribe their examination, or for not fully answering to the satisfaction of the Judge or Commissioner, be respect- ively liable to the penalty and constraint to which the Bankrupt is liable in the like case. XXX. And be it enacted. That any person who Ri„iitsofper- at the issuing of the Commission shall be surety or sons having liable for any debt of the Bankrupt, or bail for the EJtheTif Bankrupt either to the Sheriff or to the action, if he I?R^»?'^'» shall have paid the debt, or any part thereof in dis- *" ' charge of the whole debt, (although he may have paid the same after the Comitiission issued) shall, if the Creditor shall prove the debt under the Commissioni be entitled to stand in the place of such Creditor, as to the dividend and all other rights under the said 2 18 Proviso, Rometly against Assig- nee not paying dividrnds dc- flared. Proviso : in U. C. none but a householder resident in the District shall be an Assig- nee, Debts depend- ing on a con- tingency, how proveable, &c. Commission, which such Creditor poss*»88ed or would be entitled to in respect of such p f; or if the Creditor shall not have proved under tne Commission, such surety or person liable or bail shall be entitled to prove his demand in respect to such payment, as a debt under the Commission, (not disturbing the former dividends,) and may receive dividends with the other Creditors, although he may have become such surety, liable or bail as aforesaid, after an act of Bankruptcy committed by such Bankrupt ; Provided, that such person had not, when he became such sure- ty, bail, or so liable as aforesaid, notice of any act of Bankruptcy by such Bankrupt committed. XXXI. And be it enacted. That no action for any dividend shall be brought against the Assignee of the estate of any Bankrupt, by any Creditor who shall have proved under the Commission ; but if the As- signee shall refuse to pay any such dividend, the Judge or Commissioner may, on petition, order the payment thereof, with interest for the time it shall have been withheld, and the costs of the application ; and if such order be not forthwith complied with, the Judge or Commissioner may, by his warrant, com- mit such Assignee to the Common Gaol of the Dis- trict, until the order be obeyed, or the money made by distress and sale of the goods and chattels of such Assignee, which distress and sale may be made under the warrant of the Judge or Commissioner: Provided that in that pait of the Province formerly Upper Canada, no Assignee shall be appointed who shall not be a resident householder in the District in which the Commission of Bankruptcy shall be issued. XXXII. And be it enacted. That if any Bankrupt shall, before the issuing of the Commission, have contracted any debt payable upon a contingency which shall not have happened before the issuing of such Commission, the person with whom the debt has been contracted may, if he think fit, apply to the Judge or Commissioner to order the Assignee to K^ 19 trupt lave mcy |g of Idebt to ke to 1 rei in the same in his hands until the arrival of such contingency, or until it shall be ascertained that it cannot arrive, and such person may, after such con- tingency shall have happened, prove in respect of such debt, and receive dividend with the other credi- tors, not disturbing any former dividends : Provided Proviao as to such person liad not, when such debt was contracted, ""***'"' notice of any act of Bankruptcy by such Bankrupt committed ; and if it shall be ascertained that such if tho conUn- contingency cannot arrive, the sum shall be applied SSJe /^*""°' for the general benefit of the Creditors, in the same manner as other assets of the Bankrupt's estate. / XXXIIl. And be it enacted, That no Creditor who has brought any action or instituted any suit against any Bankrupt in respect of a demand prior to the Bankruptcy, or which might have ])een proverl as a debt under the Commission against such Bankrupt, shall prove a debt under such Commission, or have any claim entered upon the proceedings under such Commission, without relinquishing such action or suit ; and in case such Bankrupt shall be in prison or custody at the suit of or detained by such Creditor, he shall not prove or claim as aforesaid, without giving a sufficient authority in writing for the dis- charge of such Bankrupt ; and the proving or claim- ing a debt under a Commission by any Creditor, shall be deemed an election by such Creditor to take the benefit of such Commission, with respect to the debt so proved or claimed : Provided that such Creditor shall not be liable to the payment to such Bankrupt or the Assignee of his estate, of the costs of the action or suit so relinquished by him ; and that where any such Creditor shall have brought any action or suit against such Bankrupt, jointly with any person or persons, his relinquishing such action or suit against the Bankrupt shall not affect such action or suit against such other person or persons : Provided also, that any Creditor who shall have so elected to prove or claim as aforesaid, may, if the Commission be afterwards superseded, proceed in the action as if he Creditors hav- ing suits p( nd- iiig against tlio Hankrupt must relin- quish the tiaino bi'fore proving, &c. And the Hankrupt imis' l)f re- leased if ill Ciaul at tiic suit of the Crivlitor pro v. i' .'. li^iiect of proving. Piovisi) as to costs. Fioviso. If the Com- mission be af- terwards su- perseded. *»• 70 If any debt proved in the ordinary man- ner bo disput- ed by the As- signee or Cre- ditorti, tho Judge or Com- missioner may hear evidence and decide. Proviso as to vo ^^ :i<^.' 21 dertaking, to be filed in the proceedings, to pay such costs as tiie Judge or Commissioner shall adjudge, to the Creditor who has proved such debt as aforesaid, such costs to be recovered by petition : Provided ^'7'"." 'P- 11.1 I'll P*"' jjiveu. also, that either party may appeal agamst the deter- mination of the Judge or Commissioner to the Court of Review. } ' XXXV. And be it enacted. That, in that part of ConfoMioim of the Province of Canada heretofore called Upper •&c''fgiv?i"in Canada, if, at any time within one month after any u. c. within 1 rader shall have given a coniession oi judgment, or before Bank- a Warrant of Attorney to confess Judgment, or a J^y '" ''** cognocU actionem^ a Commission of Bankruptcy shall issue against such Trader, then such Confession, War- rant of Attorney or cognomt adioncmf shall be deem- ed to have been obtained by fraud, and shall be void as against the Assignee under such Commission. XXXVI. And be it enacted. That whenever any Circuit Judge or Commissioner in his discretion may see fit, it shall be lawful for such Judge or Commis- sioner to authorize and direct, and he is hereby, on reasonable cause shewn, required to authorize and direct any and all Assignees to institute any and all actions or suits at law or other proceedings, either at law or in equity, necessary to be instituted or taken in the name of such Assignee or Assignees, although the said proceedings may have for their object solely the benefit and interest of one or other particular Creditor or Creditors : Provided always, that such Creditor requiring any action, proceedings or suit to be instituted, shall give such reasonable security for the costs of the said suit, action or proceedings as the said Judge or Commissioner may direct or order. Commissioner may direct Assignees to institute ac> tions at law, &c. though only part of the Creditors be interested. Proviso ; costs to be secured. Pro- Isuch un- XXXVII. And be it enacted, That it shall be the circuit Judges duty of the Circuit Judges, acting: as Commissioners '"^>'".^ " ^°!."" /. T-» 1 n 1 n 1 '1 T^' ' n y-* 1 missioners of ot bankrupts for each of the said Districts of Quebec Bankrupts in and Montreal, under this Act, forthwith to prepare Sue^S"^ I > '^^ To bo npprov- nl or n jt'fU'iI by Courl of U. B. M.intrfai, to gciicral Riilcs uiul Onlei's for regulating the forms of lui r'ufertS' l>rocee(lings and llie practice to l)e observed in niatterM onitM, &«. of Bankruptcy, not otiierwise provided for by this Act, or by tiie Act hcrel)y amended, and it sliall also be their duty forthwith to j)repan Tariff of Fees and Costs, to l)e allowed nnd taxable on all matters coming before them ; :ii d t!ie .said Joules and Orders and the said Tariff shall he submitted to the Judj^es of the Court of (Queen's Hench for the said District of Quebec or of Montreal, for which such Circuit Judges may have been appointed, for the approval and sanction of the said Judges ; and it shall be the duty of the said Judges of the si'id C"'»u'*tof Queen's Bench for each Distnct resprctivt l^, und tluiy are hereby required, within ten tliivg from and after the time at which the said Bulos and 'I'ariff may be sub- mitted to them by the sni ,' C ircuit Judges, to approve of or reject the same ; and the suit'. Judges of the said Court of Queen's Bench shall have power, if they sec fit, to change, alter or modify the said Rules and Tariff, or either of them, wlien so submitted to them, and also at all other times whatsoever, and the said ]iules and Orders, when so confirmed by the said Judges of the Court of Queen's Bench, shall become and he Rules of Practice for the regulation of all matters in Bankruptcy, and the Costs so to be fixed as aforesaid shall be taxable by the said Circuit Judges on all proceedings to which the same may respectively apply, and shall and may be recovered as provided for by the seventy -first section of the Act hereby amended. The District XXXVIII. And wlicrcas doubts have arisen as to Sict'?/^' whether tJic District Judges in tl^ District of Gaspe Gaspd.iobe havB jurisdictioii j'l mattt ;:, of Bankruptcy ; for the o/Bankjupu!" removal d ^uch Qoubts — Be it enacted. That each of the said District Judges shall be, and he is hereby declared to be, in virtue of his office as such District Judge, a Commissioner of Banknipts in and for the said District ; and as such shall have such and the same jurisdiction, power and authority, as are pos- Conrt of a. B. may inoiliiy Bucli rules, tariff, Ac. •When con- firmed tliey bhail have force of law. i 1. 23 scsfled, exercised or enjoyid by uny CominiHsioner of BankruptH or Circuit Jinlgo in tliat part of this Pro- vince called Lower ('aiuuia, hy virtue of the said Act hereinbefon? in part recited, or of tliis or any other Act or Law whatsoever. to ispe Itlie of % rict Ithe Ithe los- ^ I Duty of pcr- HotiM havinK in tlifir chnrKo rrcordu, &c , rrlotinif to ComiiiiMMions of Bankruptry JHNurd nguinil rstntp of iK>r- m)nH rrHidini; in tlio DiNtrict ofOa«p^. XXXIX. And l)e it enacted, That it shall he the duty of all and every person and persons having in his or their ciiurge, custody or possession, any records or papers relating to any Commission of Bankruptcy, heretofore issued by competent authority, against the estate and effects of any jjerson or persons residing in the said District of Gaspe, or to tiie p oceedings had under such Commission, forthwith' to transmit tlui same to the District Judge residing in the County in whicli tlie Baidirupt or Banknipts resided at the time when such Commission was issued ; and such District Judge is herc^by authorized and required to receive the same, and thereupon to appoint a Clerk into whose custody he shall transfer the records and papers relating to such case, on his signing a declara- tion in writing that he will faithfully discharge his duty as such Clerk ; and thencefoi ward such and the same proceedings may and shall be had, and the same jurisdiction, whether original or appellate, may and shall be exercised under and in pursuance of and in relation* to such Commission, and in such and the same manner and fonn precisely as the same would, could or might have been had or exercised respective- ly in virtue of the said Act hereinbefore in part re- cited, if the said District of Gaspe had continued after the passing of tlie said Act to form part of the Dis' trict of Quebec, and the jurisdiction, power and authority hereby given, had been expressly given b/ the said Act to the said District Judges. XL. And inasmuch as the said District Judges are Court of members of Her Majesty's Court of Queen's Bench b "nch at aue- for the District of Gaspe, and it is therefore expe- ^urt^Jg, dient to provide some other tribunal to which appeals view in cases may lie from their judgments, adjudications and orders "^ qJJ^^'^^ 24 |i'>' in matters of Bankruptcy : Be it tlierefore enacted, That Her Majesty's Court. of Queen's Bench for the District of Quebec shall be and the same is liereby declared to be the Court of Review in all cases and- matters of Bankruptcy now pending as aforesaid, or which may arise hereafter within the said District of Gaspp, and as such shall have such and the same powers, jurisdiction and authority, in all such cases and matters respectively, as if tlie same had arisen or were to arise within the District of Quebec ; any law, usage or custom to the contrary thereof in any wise notwithstanding. Sec 85, of 7 XLI. Ami be it enacted, That the eighty-fifth sec- temird'ti^' '^'^ tiouofthc Act first abovc citcd, shall l)e and is hereby words used in extended to the words and expressions used in this Act, and shall serve for the due inter])retation thereof. this Act. ^ Duration of thia Act. XLII. And be it enacted. That this Act shall bt in force until the first day of June next, and from thence until the end of the then next ensuing Session of Pa)- liament, and uo longer. MoNTREAt r — Printed by Stewart Derbisiiire & Georoe Desbarats, La\V Printer to the Queen's Moat Excellent Majesty. V S.\