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-J-// 
 
 RULES 
 
 D ORDERS 
 
 FOR 
 
 RKGULATI^JG THE FORMS OF PROCEEDINGS, 
 
 AND 
 
 THE PRACTICE TO HE OBSERVED, 
 
 IM 
 
 MATTERS OF BANKRUPTCY, 
 
 IN THE 
 
 DISTRICT OF QUEBEC, • 
 
 AND 
 
 TARIFF OF FEES, 
 
 B Y T H E C 1 R C U I T J U D G E S, 
 
 III compliance with the requiremef ts of the 27th Section of the 
 Statute 9th Victoria, chap. 30. 
 
 Approved and Sanctioned by the Judges of the Court of Queen's 
 Bench, in the October Term, iS^e. 
 
 h 
 
 / 
 
 \- 
 
 »•*' 
 
 if' 
 
 % 
 
 
 li lU IS IB IB C ! 
 
 PRINTED BY T. GARY b CO. 
 
 VPPEB-IOWN SIARK£T-rLACi:. 
 
 1846. 
 
 
 
i 
 
 RULES AND ORDERS 
 
 FOR 
 
 RRGUJ.ATING THK FORMS OF PROCKKDINGS, 
 
 ANU 
 
 THE PRACTICE TO BE OBSERVED 
 
 IN 
 
 MATTERS OF BANKRUPTCY. 
 
 IN THR 
 
 IMSTRICT OF QTEBEr 
 
 AND 
 
 TARIFF OF FEES, 
 
 BY THE CIRCUITJUDGES, 
 
 In compliance ^vith the requirements of the 27th Section of the 
 Statute 9th Victorin, chap. 30. 
 
 Approved and Sanctioned by the Judges of tisc Cunrt ofQ„corrs 
 Bench, m the October Term, 1846. 
 
 t^ HJ IB IB IE (D s 
 
 PRINTED BY T. CARV & CO. 
 
 UPfEK-TOWlf J>IARKET-PLAC£. 
 
 
SRBATA. 
 P.8e 12, B„,e XXIU, line 2, f,„ ., ,,,,„„. „ „., „,,^,, ,^^ ., ' 
 
iver.' 
 
 Jsignoe/' 
 
 CONTENTS. 
 
 Rt'l.l.. 
 
 Preamble.,. ►•*»■: 
 
 I.-Siuing« of iho Court in" Banicrupt'cy and gen;™! ' ^' 
 
 lll'~SfJ^ "'' *'l^ P^^'^ °^ »''« Court whVrchoId " " ibi.I^ 
 IV ""y.?®" ""'* ''"""K^vhathourstobekentonen'" t.n' 
 IV.-Attorney or Solicitor for Petitioning cSto?A« 
 
 VI rtrw^'j^"'^ respecting his return ^ ibid 
 
 VI.-Clerk8 duty as to keeping fyles ofNewsnaAp^* 
 
 ver.fy.ng Notices and Iking^Minute in ZE' 5 
 
 "•~b'orffg::;r '^"^^ -"^ -""'^^ ^^ ^^- '« 
 
 VriI.-.CIerk to^L-a M'inutV of •.b;-Na.e.-ofal. ''''• 
 inereal to be held as suflScient y notified to them jk: 1 
 
 '"■~te .'''.'!'..'!..^'r°"'^"''«''i>J '^'Li.'. '"'• 
 
 T^il""?? ^"f "" «<l"ire J in an AffldMit of dVbl ;i,- 7 
 
 "'"'•"^n^^^r^e'trer^^^^^^^ 
 
 '"'"''^iKat^tle'lf'' ""^^' '° ^'"^'°' ""•««' »^««^ *•" ' 
 ''''•~''„'3'™r?dits%^1r '"'""^' -»•--*">' Debts "'• 
 
 xvin.-of do do p'/"^i''V.-, «<> 
 
 XIX.-Of Bankrupt's Balance Sheet. .' ! .' JK* 
 
 XX.-Bda„ce sW and Schedules-to-be'if-iii'ft,- '''^• 
 
 S^hedutes ^*' ""^ ^'^ •^ distinguished in the 
 
 XX V "'ProL'^^""''"'"**' •'*•'" ^ ™^de to Sch;dile; " * b d 
 XXVf A J ®r'"^ "P°" *••« Expunging of Clab^s ' 13 
 
 dailtr" k''^ ^*' K^"''^ '« Contain noTce of '^ 
 cia.ms and where such rJaim. or* t- »«- «-i-j 
 
CONTENTS. 
 
 XXVII.— Meeting in relation to Claims of real Cvtale where *^" 
 vvi/f fi V^^ 'l"^ coiM-proceedinga at such Meetings. . U 
 AXVIII.-Klection of domicile of claimant—iervices of 
 notices, pleadings, &c. in relation to claim to real 
 estate U 
 
 v^'?""";f."?***'°"' *"*"**** *** *^ ^•'^'»y of '■uch'dalm. 10 
 AJIA.- Claimant not present at meeting to be served with 
 notice of the uay for proving claim, and if not then 
 read)', claim dismissed jbij 
 
 XXXI.-ContestaUon of claims— delays— pleadings "anil 
 
 joining issue *^ 17 
 
 XXXII.— Consequence of contesting Party or Cloimont not 
 
 V vvf f I ';*""P'y'"8 with the preceding rule i8 
 
 XXXUl.— Assignee bound to shew cause why a dividend 
 
 should not be declared 19 
 
 XXXIV.— Form in which Ansigneo sball prod'iii' his ac 
 Yvvv *;?"n*«-A!;j<wnm«nt of meeting for « dividend, ibid. 
 AAAV.— Uuty of Clerk preparatory to « dividend<~hi8 re- 
 
 fort— notice by him , 20 
 n relation to Fees and Costs.. .. 22 
 
 Tariff of Ftet. 
 
 To the Attorney or Solicitor for petitioning Creditor 2S 
 
 \l " for Assignee 24 
 
 " on proceedings on a 
 
 Bnmmona 25 
 
 " of a Claimant 26 
 
 " " of the Bankrupt 27 
 
 " for wrvioes iQ general 
 not otherwise pro- 
 
 m^,, f,, ^ videdfor ibid. 
 
 To the Clerk 28 
 
 To thQ Sheriff ;.!....!.!! 80 
 
 To the Bailiff or Messenger ,..,..'.".....* ibid. 
 
 Forms. 
 
 ^.?*« J^PPe«™nce of Attorney or Soliiwtor. . . 32 
 
 "2 Tiile of a Cause jwd 
 
 "3 AflWavit of Debt 33 
 
 «4 B«iikrupt'B $ch«dul« D 34 
 
 " 5 « « c , .... 35 
 
 "6.7.8. « Schedules P. t, fi '.',[ 36 
 
 " 9 Balance Sheet 37 
 
 " 10 Undwtaking to pay costs ibW. 
 
 " 1 1 Sunamons 38 
 
 " 12 Contestation of a claim rsup^cting real es- 
 
 Estate , 39 
 
 XXXVII.— Reserving powejr to alter or modify titese rules ..'. 40 
 
 Approval and sanction of the Court of Q. B 41 
 
 (( 
 
 (( 
 
vvliere 
 
 ■ACC. 
 
 ng».. 
 
 u 
 
 ces of 
 
 
 to real 
 
 
 
 15 
 
 slaim. 
 
 10 
 
 with 
 
 
 tthen 
 
 
 • • • • 
 
 ibid. 
 
 and 
 
 
 • • ■ • 
 
 17 
 
 t not 
 
 
 • • • • 
 
 18 
 
 idend 
 
 
 • . ■ ■ 
 
 19 
 
 1 ac- 
 
 
 l«nd. 
 
 ibid. 
 
 is re- 
 
 
 • • • » 
 
 20 
 
 • t • • 
 
 22 
 
 ditor 
 
 23 
 
 • . . . 
 
 24 
 
 in a 
 
 
 • • • • 
 
 25 
 
 • • • • 
 
 26 
 
 • • • 
 
 27 
 
 lenil 
 
 
 pro- 
 
 
 • • • 
 
 ibid. 
 
 • f • 
 
 28 
 
 • • ■ 
 
 80 
 
 ... 
 
 bid. 
 
 • • • 
 
 32 
 
 ... 1 
 
 bid. 
 
 • • • 
 
 33 
 
 • • • 
 
 34 
 
 • • • 
 
 35 
 
 • • • 
 
 36 
 
 • t • 
 
 37 
 
 . i*)W. 
 
 • • # 
 
 88 
 
 08- 
 
 
 • • • 
 
 39 
 
 • ■ • 
 
 40 
 
 ■ • • 
 
 41 
 
 
 RULES AND ORDERS 
 
 IN 
 
 BANKRUPTCY. 
 
 Province of Canada, }^,^ „ 
 District of Quebec. } ^^^'^ September, 1846. 
 
 WHEREAS by an Act of the Parliament of this 
 
 Province, passed in the ninth year of the Reign of 
 
 Her Majesty Queen Victoria, inf ^»ed "^n M 
 
 to continue and amend the Bankrup: Laws now in 
 
 force tn this Province," it is, among other things, 
 
 provided that « it shall be the duty of the Circuit 
 
 Judges, acting as Commissioners of Bankrupts for 
 
 each of the said Districts of Quebec and Montreal, 
 
 under the said Act, forthwith to prepare general 
 
2 
 
 « 
 
 u 
 u 
 <( 
 <( 
 l< 
 « 
 t( 
 
 <( 
 
 i( 
 
 <( 
 
 <( 
 
 « 
 
 Uulos and Orders for regulating the lorms ol" pro- 
 ceeding and the practice to be observed in matters 
 of Bankruptcy, not otherwise provided for by the 
 said Act, or the Act thereby amended, and that it 
 shall also be their duty forthwith to prepare a 
 tariff of fees and costs to be allowed and taxable 
 on all matters coming before them, and that the 
 said Rules and Orders, and the said Tariff, shall be 
 submitted to the Judges of the Court of Queen's 
 Bench for the said District of Quebec or of Mon- 
 treal, for which such Circuit Judges may have been 
 appointed, for the approval and sanction of the said 
 Judges'* ; — 
 
 Now therefore, in obedience to the directions 
 of the said Act, We, the undersigned Circuit 
 Judges, acting as Commissioners of Bankrupts for 
 the District of Quebec, have prepared and ordered 
 the following Rules for regulating the Forms of pro- 
 ceedings and the Practice to be observed in matters 
 of Bankruptcy within the said District and also the 
 following Tariff of Fees and Costs to be allowed and 
 taxable in all matters of Bankruptcy to which they 
 may be applicable within the said District; the 
 whole subject to the approval and sanction of the 
 Judges of the Court of Queen's Bench for the said 
 District : — 
 
J 
 
 » of pro- 
 1 mutters 
 
 by the 
 id that it 
 3 pare a 
 
 taxable 
 that the 
 shall be 
 Queen's 
 of Mon- 
 ive been 
 the said 
 
 •ections 
 Circuit 
 pts for 
 ordered 
 of pro- 
 matters 
 Iso the 
 ed and 
 ;h they 
 t; the 
 of the 
 be said 
 
 a li IN 10 R A L U IJ L i: M . 
 
 I. 
 
 The Sittings of the Court of JJankruptcy, and all 
 general Meetings in matters in Bankruptcy shall, 
 except where otherwise specially ordered, by the 
 Circuit Judge, be held in the Court Hall, where 
 the General Quarter Sessions of the Peace for the 
 District of Quebec are usually holden (except 
 during the terms of the said Sessions when such 
 Sittings and Meetings shall be held in the Chamber 
 of the Circuit Judges,) and all sales of real property, 
 unless otherwise specially ordered by the Circuit 
 Judge, shall be made in the said Hall. 
 
 IJ. 
 
 The Office of the Clerk of the Court of Bank- 
 ruptcy shall be held in the Court House in the 
 room known as the Grand Jury Room of the 
 said Court of Quarter Sessions, except during the 
 terms of the said Sessions, when the said Office 
 shall be held in the Chamber of the Circuit Judges. 
 
 III. 
 
 The Office of the Clerk of the Court of Bank- 
 ruptcy shall be open from the hour of ten in 
 
the forenoon until the hour ol" four in the after- 
 noon, on every day appointed for a general Meeting 
 of Creditors or for the hearing of cases in Bank- 
 ruptcy, and from the hour of ten in the forenoon 
 until the hour of noon, and from the hour of two 
 until the hour of four in the afternoon, on every 
 other day, Sundays and Holidays excepted. 
 
 IV. 
 
 No Attorney or Solicitor shall be permitted to 
 appear and act as such, in any matter in Bank- 
 ruptcy, on behalf of the petitioning Creditor, the 
 Assignee, or the Bankrupt, until he shall have fyled 
 with the Clerk of the Court of Bankruptcy a state- 
 ment in writing, in the Form No. 1, hereinafter 
 prescribed, signed by such Attorney or Solicitor, 
 of his appearance for such person or persons, and 
 every Attorney or Solicitor for a Creditor or 
 Claimant, other than the petitioning Creditor, shall 
 endorse his name upon the Claim fyled by him. 
 
 V. 
 
 It shall be the duty of the Sheriff, to fyle with 
 his return to every Commission of Bankruptcy 
 executed by him, one number of each of the several 
 newspapers, in which he shall have caused to be 
 published the notice of the issuing of the said Com- 
 mission, such number of each newspaper, to be the 
 first in which the said notice shall have appeared. 
 
 i< 
 
he after- 
 Meeting 
 in Bank- 
 forenoon 
 
 of TWO 
 
 m every 
 
 5 
 
 VI. 
 
 litted to 
 I Bank- 
 tor, the 
 ve fyled 
 a state- 
 •einafter 
 olicitor, 
 •ns, and 
 itor or 
 r, shall 
 1. 
 
 le with 
 cruptcy 
 several 
 to be 
 1 Com- 
 be the 
 ired. 
 
 The Clerk of the Court of Bankruptcy shall 
 keep regular Fyles of the Gazette of Canada, and 
 of such other Newspapers as shall be, from time to 
 time, designated by the Circuit Judges, for the 
 insertion of notices in Bankruptcy, and it shall be 
 his duty, with respect to every order given for «, 
 notice in the Newspapers, to verify by the News 
 paper Fyles that such order has been complied with, 
 and, by a minute in the Register of 3 Court, to 
 record the fact of due notice having been given, or 
 the contrary, (as the case may be) which minute 
 shall be primd facie evidence of the truth of the 
 statement it may contain. 
 
 VIJ. 
 
 All delays relating to such notices shall be com- 
 puted from the day of the first publication there- 
 of, and, where not otherwise specially ordered 
 by the Judge, three insertions of every notice shall 
 be requisite, in both the english and french Lan- 
 guages. 
 
 VIII. 
 
 It shall be the duty of the Clerk of the Court 
 of Bankruptcy, at every meeting at which the 
 Circuit Judge shall preside, to make a minute in 
 the Register , of the names of the Creditors and 
 other Persons present a^^ such meeting, claiming to 
 
(3 
 
 have an interest in the Estate of the Bankrupt, and 
 whether such Creditors be personally present or 
 represented by Attorney; and every order made 
 and pronounced by the said Judge, while presiding 
 at such meeting, in the presence of such Persons, 
 the Assignees, the Bankrupt, or their respective 
 Solicitors shall be held and considered to be suffi- 
 ciently notified unto the said Persons, Assignees or 
 Bankrupt, and each of them so present in person 
 or by Attorney. 
 
 IX. 
 
 The Circuit Judges may, from time to time, de- 
 signate and appoint a Bailiff of the Court of 
 Queen's Bench to be the Messenger of the Court 
 of Bankruptcy, to attend upon the Judges at all 
 General Meetings of Creditors and Sittings of the 
 Court, and to make the necessary services of No- 
 tices and proceedings in Bankruptcy, and to whom 
 it shall be lawful for the Circuit Judges to address 
 Warrants and such other Process as they may 
 lawfully issue. 
 
 X. 
 
 No paper of any description whatsoever shall be 
 received or fyled in any matter in Bankruptcy by 
 the Clerk, unless the same be regularly docketed, 
 with the Title of the Cause and the general Descrip- 
 tion of such paper, and headed with the Title of the 
 
krupt, ahd 
 f)resent or 
 der made 
 presiding 
 Persons, 
 respective 
 > be suffi- 
 signees or 
 in person 
 
 time, de- 
 ^urt of 
 he Court 
 is at all 
 ;s of the 
 s of No- 
 whom 
 address 
 ey may 
 
 shall be 
 ptcy by 
 »cketed, 
 )escrip- 
 ! of the 
 
 Cause in the Form No. 2, herein after prescribed, 
 save and except such papers as may be attached to 
 any Petition, Claim, Schedule, Return or Affidavit, 
 and referred to therein as being annexed thereto, 
 and Exhibits, which shall be docketed merely as 
 hereinbefore prescribed, and the Clerk shall indorse 
 upon all such papers a memorandum of the time of 
 the fyling of the same. 
 
 XI. 
 
 When paper writings or preuve litterale (other 
 than such as may be attached to any Petition, Claim, 
 Schedule, Return, or Affidavit, and therein re- 
 ferred to, as being thereunto annexed) are pro- 
 duced as Exhibits to be fyled in support of any 
 proceeding in Bankruptcy, they shall be accom- 
 panied by a List thereof, which list shall be an 
 Inventory to all, each and every the Exhibits 
 therewith fyled, and shall contain the Number, 
 Title, Date and Description of each of the said 
 Exhibits, and be signed by the Party producing the 
 same or his Attorney. 
 
 XII. 
 
 Every Debt proveable against the Estate of a 
 Bankrupt shall be proved, in the first instance, 
 by the Oath of the Party claiming the same, or of 
 his agent or other person having a personal know- 
 ledge thereof, and every such affidavit [of debt, shall 
 
8 
 
 contain the correct designation of the Party 
 clcming the same, his place of abode, his occupa- 
 tion or profession, the exact amount due in princi- 
 pal and interest to the date of the Commission, 
 (where interest may be claimable) the cause and 
 consideration of the debt properly set forth as to 
 time, place and circumstance, and a statement of 
 any an what satisfaction, or security, on account 
 of the sa,d Debt the Party claimant may have 
 received or may hold, or that he has received no 
 such security or satisfaction on account thereof, and 
 Aat he has no Action pending in any Court, for the 
 J^ebt so claimed by him: and all Affidavits of Debt 
 shall be m substance as in the Form No. 3, herein- 
 after prescribed. 
 
 XIII. 
 
 When any Claim shall be founded upon docu- 
 mentary Evidence, the Documents in support 
 thereof shall be annexed to the Claim orfyledwith 
 a List as prescribed by the eleventh rule preceding. 
 
 Ill T n "" '!^"'""^ '"'^ documentary Evidence 
 shall be allowed, until the said Evidence be pro- 
 duced and fyled. ^ 
 
 XIV. 
 
 If any Claim be composed of a number of items, 
 or If interest be claimed on any Note or simple 
 t^ontract, an account in writing containing the 
 
he Parly 
 is occupa- 
 in princi- 
 >nimission, 
 :ause and 
 3rth as to 
 tement of 
 1 account 
 lay have 
 ceived no 
 reof, and 
 rt, for the 
 of Debt 
 . herein- 
 
 5n docu- 
 support 
 led with 
 eceding, 
 Jvidence 
 be pro- 
 
 f items, 
 
 simple 
 
 ng the 
 
 particulars of the Claim and a computation of 
 interest to the date of the Commission, signed by 
 the Claimant, shall be annexed to the Claim, and 
 reference made to therein, and no such Claim, 
 without such Particulars, shall be allowed, unless 
 contained in the Claim itself. 
 
 XV. 
 
 If any Claim be for a balance due, or in the 
 case where mutual Debts and Credits exist be- 
 tween the Claimant and the Bankrupt, on account 
 containing the particulars of such Debts and Credits 
 setting off the same, the one against the other, and 
 stating the balance, signed by the Claimant, shall be 
 annexed to the Claim, and no such Claim, without 
 such account of particulars shall be allowed, unless 
 contained in the Claim itself. 
 
 XVI. 
 
 The Schedule to contain the account of the 
 Bankrupt's Creditors, and other requirements, as 
 prescribed by the 25th section of the Statute 7th 
 Victoria, cap. 10, which the Bankrupt is bound to 
 produce, at the first Meeting of his Creditors shall 
 be in the Form No. 4, hereinafter prescribed, and 
 
 tl . ? ^"^ f '"^ denominated « Bankrupt's 
 Schedule D.» (debts.) ^ 
 
 B 
 
10 
 
 XVII. 
 
 The Bankrupt, at the said first Meeting, shall 
 also produce a list of all the Debts due to his - 
 Estate, containing the Name, Residence and Addi- 
 tion of the Debtor, the amount due by him, and a 
 statement whether he has any set off against such 
 Debt, and whether the Deb* he good, bad or doubt- 
 ful ; which list shall be . the form hereinafter 
 prescribed as Form No. 5, and shall be marked and 
 denominated " Bankrupt's Schedule C." (credits.) 
 
 XVIII. 
 
 The Bankrupt shall also, at the same time, 
 produce a list or statement of all the property 
 belonging to his Estate exclusive of Debts, whether 
 taken by the Sheriff or to be taken by the As- 
 signees, which list or statement shall be marked and 
 denominated « Bankrupt's Schedule P."(property) ; 
 he shall also produce a list of his losses to be 
 marked and denominated "Bankrupt's Schedule 
 L." (losses) ; and a list or statement of his ex- 
 penses to be marked and denominated " Bankrupt's 
 Schedule E." (expenses) ; as in the Forms pres- 
 cribed under the Numbers 6, 7 &, 8. 
 
 XIX. 
 
 The Bankrupt shall also, at the same time, pro- 
 duce a statement in the Form No. 9, to be marked 
 and J denominated « Bankrupt's balance sheet," 
 
11 
 
 wherein the aggregate amount of his Debts anil 
 the aggregate amount of his Assets, as far as the 
 same can then be known, shall be accurately 
 stated, so that, at one view, the full value and 
 amount both of Assets and Debts, and the state of 
 nis affairs may appear. 
 
 XX. 
 
 The Balance Sheet and the Schedules D, C, P 
 L & E mentioned in the preceding Rules shall be of 
 uniform size and attached together, so as to admit 
 0! being folded in a convenient Form. 
 
 XXI. 
 
 Where the Bankrupt is a Partner of a firm 
 and owes partnership Debts as well as separate 
 Uebts, and is entitled to partnership Assets as 
 well as to separate Assets, he shall enumerate such 
 partnership Debts and such separate Debts in a 
 distinct statement in the same Schedule, and also 
 his partnership Assets and his separate Assets in a 
 distinct statement in the other proper Schedule, as 
 nearly and with as much certainty as he can conve- 
 niently ascertain and state the same, so that the 
 aggregate amount of the partnership Debts and the 
 partnership Assets and the ag^epte amount of the 
 separate Debts and the separate Assets may, as far 
 as practicable, distinctly appear. 
 
12 
 
 xxir. 
 
 The amount of debts and the value of assets, 
 when not exactly known by the Bankrupt, may 
 be stated in the proper Schedule as " about so 
 much," or as " unknown," if such be the fact. The 
 omission of a date or of the residence of a Creditor 
 will not be deemed a defect in the Schedule, if it 
 be stated that the same is unknown. 
 
 XXIII. 
 
 The Bankrupt, at the time of his producing 
 the said Schedules, shall produce the same in 
 duplicate, so that one Copy of each, may be de- 
 livered to the Assignee, and the other remain as 
 part of the Record of the case, in the Office of the 
 Court of Bankruptcy. 
 
 XXIV. 
 
 Whenever the Bankrupt shall be allowed to amend 
 the said Schedules and to correct any mistake 
 therein, such Amendment shall be written out 
 upon a separate Paper, dated and signed by him, 
 and not by Interlineation or Correction of the 
 original Paper, nor in such a manner as to blend 
 Amendments of Schedule D. with Amendments of 
 Schedule C ; but the same shall be separate and 
 distinct, such separate Paper shall also be of uniform 
 size with the original Schedules, and shall be deemed 
 a Supplement thereto ; and such Amendment shall 
 
13 
 
 be made by the Bankrupt in Duplicate, so as to bo 
 annexed as well to the original Schedule delivered 
 to the Assignee as to the Counterpart thereof, remain- 
 ing in the record. 
 
 OF EXPUNGING CLAIMS. 
 
 XXV. 
 
 Whenever the Assignee, or two or more Credi- 
 tors, who have each proved Debts to the amount 
 of twenty pounds or upwards shall think proper 
 to represent to the Circuit Judges or any of them, 
 that a Debt proved under the Commission is not 
 justly due and ought to be expunged, such repre- 
 sentation shall be made by Petition, containing a 
 full and precise statement of the grounds upon 
 which the investigation is required. Such Assignee 
 or Creditors shall, at the same time, fyle an under- 
 taking signed by him or them, in the Form No. 10, 
 hereinafter prescribed, to pay such Costs as the Circuit 
 Judge may adjudge to the Party, whose Debt is 
 sought to be expunged; Whereupon the Circuit 
 Judge shall issue a Summons in the Form No. 11, 
 hereinafter prescribed to the said Party, returnable 
 on a day not sooner than the fourth day from the 
 date of such Summons, which, together with the 
 
14 
 
 Petition, shall be served on the said Party, four days 
 before the expiration of the time mentioned for his 
 appearance. The said Petition and Summons, 
 when served, shall be delivered, with the Return, to 
 the Clerk, and fyled in his Office at or before 
 the time at which the Summons is made returnable, 
 and such other and lurther proceedings shall be had 
 thereon by the said Judge, as to justice and equity 
 may appertain. 
 
 
 OF THE SALE OF REAL ESTATE. 
 
 XXVI. 
 
 Every Advertisement, by the Assignee of the 
 Sale of the real Estate of a Bankrupt, shall contain 
 a notice requiring all Claims to, upon or respect- 
 ing such real Estate, to be fyled with the Clerk 
 of the Court of Bankruptcy in his Office, and every 
 such Claim, when so fyled, shall be held and 
 considered to have been sufficiently made known to 
 the Circuit Judges. 
 
 XXVII. 
 
 Every such Advertisement shall also contain 
 the notice of a Meeting of the Creditors of the 
 Bankrupt, as well as of all other Persons having 
 
ir> 
 
 y, four days 
 
 ned for his 
 
 Summonid, 
 
 } Return, to 
 
 or before 
 
 returnable, 
 
 hall be had 
 
 and equity 
 
 TATE. 
 
 lee of the 
 all contain 
 r respect- 
 the Clerk 
 and every 
 held and 
 known to 
 
 contain 
 •rs of the 
 ns having^^^ 
 
 
 an interest in the said real Estate, to be held before 
 one of the Cii-cuit Judges on the fourteenth day 
 previous to the day appointed in the Advertisement 
 for such Sale, or on the next ensuing juridical day, 
 when the fourteenth day may be a Sunday or 
 Holiday, for the purpose of taking Communication of 
 and examining all Claims that may be fyled against 
 the said Estate, and all Claims that shall have been 
 fyled against the said Estate in the nature of Opposi- 
 tions ti fin de charge, a fin d'annuller, or it fin de 
 distraire, shall be then read over by the Clerk of the 
 Court, at the said Meeting, and the Judge presiding 
 thereat, shall appoint the tenth day following, being a 
 juridical day, for the purpose of receiving the necessary 
 proof, hearing the Parties and adjudging upon the 
 said Claims. 
 
 XXVIII. 
 
 All Claims in the nature of those last mentioned 
 in the preceding rule shall contain an election of 
 domicile on the part of the Claimant or Opposant, 
 at some house within the limits of the City of 
 Quebec, under the Signature of the Person by whom 
 such Claim or Opposition shall be made, and all 
 Notices, Rules, Orders, Pleadings or other Pro- 
 ceedings, which, pending such Claim or Opposition, 
 shall relate thereto, and be served at the domicile 
 thereby elected, shall be held and taken to be well 
 and sufficiently served upon the Person by whom 
 
10 
 
 such iJoinicilc shall un so elected, and every such 
 C'laim or Opposition fyled Wi '^out containing such 
 election of domicile, shall not be held or considered 
 to have been duly fyled and shall be expunged 
 from the record by the Circuit Judge, and the 
 Sale of the real Estate advertised shall proceed 
 as if no such Claim had been fyled. 
 
 XXIX. 
 
 In every Claim or Opposition of the nature 
 aforesaid, shall be set forth and detailed, the Cause 
 or Causes of such Claim or Opposition, as to 
 Person, Time, Place and Circumstance, in as full and 
 ample a manner as is by law and the practice of the 
 Court of Queen's Bench for the District of Quebec 
 required, in Oppositions fyled with the Sheriff of 
 the said District to, upon or respecting the Sale of 
 real Estate. 
 
 XXX. 
 
 . Where any Claimant may not have been present 
 at the last mentioned Meeting, and not have had 
 Notice of the day fixed for the proof and hear- 
 ing of his Claim, the Bailiff or Messenger o^ ^Im 
 Court shall serve upon such Claimant the requisite 
 Notice, ( such service to be made at the expense 
 of the Pankrupt Estate, if the Claim be afterwards 
 maintniii. \) 'vhich Notice shall be served at least 
 three d r-. -vrovioas to the day appointed for the 
 
17 
 
 prool' and hearing ol' such Claim; and every 
 Claimant, having received such Notice, or having 
 been present at the Meeting when such day for the 
 proof and hearing of his Claim was appointed, who 
 shall not be prrj.ared to substantiate, and shall not 
 substantiatp such Claim by legal Evidence, on the 
 da' so appointed, shall have his said Claim ex- 
 punged from the proceedings, with Costs against 
 him the said Claimant, and the Sale of the real 
 Estate advertised shall proceed, as if no such Claim 
 had been received or fyled. 
 
 XXXI. 
 
 Whenever the Assignee or a Creditor shall be 
 desirous of contesting any such Claim as aforesaid, 
 he shall serve his contestation thereof in writins 
 upon the Claimant, and fyle the same in the Office 
 of the Court of Bankruptcy, on or before the third 
 day next after the day of the last mentioned 
 Meeting of Creditors, which contestation shall 
 contain an Election of domicile within the City of 
 Quebec, and shall be in the Form No. 12, hereinafter 
 prescribed. The contesting Party shall, at the 
 Sa.iie time, serve upon the Claimant and fyle in the 
 said Office an issuable plea or issuable pleas to the 
 said claim, to which plea or pleas the Claimant shall 
 be held to reply on the second day next after the 
 signification thereof, and any further pleadings shall 
 be signified, and filed by each Party respectively. 
 

 18 
 
 within two days from the service of the last reply, 
 special answer, or rejoinder respectively, until a 
 suitable issue or suitable issues be raised and 
 perfected upon the said Claim, provided that such 
 issue or issues be raised and perfected on or 
 before the second day next preceding the day 
 appointed under the provisions of the 27th of these 
 Rules, for the proof and hearing of such Claim. 
 
 XXXII. 
 
 Whenever the contesting Party shall make default 
 in fyling his Contestation or Plea or Pleas within the 
 delay prescribed by the foregoing Rule, or shall, by 
 any neglect on his part, prevent issue or issues from 
 being perfected upon the said Claim, within the time 
 limited by the said Rule for such issue or issues to be 
 perfected, or shall not be ready to proceed to trial and 
 hearing of the said Claim on the day appointed for the 
 proof and hearing thereof, then and in either of such 
 cases, no sufficient cause being shewn to the contrary, 
 his Contestation shall be dismissed with Costs, and the 
 Claimant shall be permitted to adduce his proof and 
 be heard Exparte upon the said Claim ; and when- 
 ever the Claimant shall make default in replying to 
 the Plea or Pleas of the contesting Party, within the 
 delay prescribed by the said Rule, or shall, by a pro- 
 tracted mode of pleading, on his part, prevent the issue 
 or issues from being perfected upon his said Claim 
 within the time limited by the said Rule for such issue 
 
19 
 
 I last reply, 
 ly, until a 
 aised and 
 [ that such 
 id on or 
 g the day 
 th of these 
 
 aim. 
 
 ake default 
 1 within the 
 ir shall, by 
 ssues from 
 in the time 
 ssues to be 
 o trial and 
 ted for the 
 ler of such 
 e contrary, 
 ts, and the 
 proof and 
 nd when- 
 splying to 
 within the 
 by a pro- 
 : the issue 
 aid Claim 
 luch issue 
 
 or issues to be perfected, or shall not be ready to 
 proceed to a trial and hearing of his said Claim on 
 the day appointed for the proof and hearing thereof, 
 then and in either of such cases, no sufficient Cause 
 being shewn to the contrary, the said Claim shall 
 be expunged from the Proceedings, with Costs, and 
 the Sale of the real Estate respecting which the said 
 Claim had been fyled, shall be proceeded with, as if 
 no such Claim had ever been received or fyled. 
 
 OF THE ASSIGNEES' ACCOUNTS 
 
 AND 
 
 OF DIVIDENDS, 
 
 XXXIII. 
 
 The Assignees shall be bound at any time upon 
 an Order from the Court of Bankruptcy, at the 
 instance of any Creditor, to shew cause why a divi- 
 dend of the Monies in the hands of the Assignee 
 should not be declared. 
 
 XXXIV. 
 
 The Assignees shall produce and exhibit their 
 Accounts in the Form of a Debtor and Creditor 
 
20 
 
 Account and shall designate ihe sources whence the 
 various Sums to the Credit of the Estate have been 
 derived, and distinguish between the moveable and im- 
 moveable Estate of the Bankrupt, they shall also exhi- 
 bit the Vouchers in support of the same, and also the 
 number of the Canada Gazette containing the Notice 
 of the Sale of the realty (where such Sale shall have 
 occurred) designating by numeral reference in the said 
 Accounts, the proceeds of the lots described under 
 corresponding Numbers in the Advertisement, and 
 the Meeting at which the Assignees shall have so 
 produced their Accounts shall, in the case of declar- 
 ing a dividend, be adjourned by the Judge, to some 
 convenient day, not sooner than eight days from the- 
 day of such adjournment. 
 
 XXXV. 
 
 Preparatory to every Dividend to be made of the 
 Estate and Assets of the Bankrupt, it shall be the 
 duty of the Clerk of the Court of Bankruptcy to take 
 an Account of all such Estate and Assets and of all 
 Debts and other Claims proved by Creditors under 
 the Bankruptcy, of all rights of pricriiy or preference 
 to which Her Majesty or any other persons may be 
 entitled, with respect to such Debts, and of all other 
 matters and things which are proper for the consideration 
 of the Court in ordering and directing a Dividend- 
 The Clerk shall make his report in the premises, not 
 later than five days after the day of the adjournment 
 
21 
 
 of the Meeting mentioned in the preceding Rule ; and 
 as soon as such report shall be made, he shall depo- 
 sit it in his Office, where it shall remain, until the day 
 to which the Meeting mentioned in the preceding 
 Rule shall stand adjourned, during which interval all 
 persons having an interest in the Bankrupt's Estate 
 shall, of course, be permitted to examine and take 
 Communication of the said report. So soon as the said 
 report shall be deposited in the Office, the Clerk shall 
 affix a Notice in some conspicuous part of the Hall 
 wiiere the Sittings of the Court of Bankruptcy are 
 held, and also in his Office, of the said report being so 
 deposited and of the time (which shall be the day and 
 hour to which the Meeting mentioned in the preceding 
 Rule shall have been adjourned) when the said report 
 shall be confirmed and an Order for a dividend made 
 by the Judge comformably thereto, unless good and 
 sufficient cause to the contrary be shewn at the time 
 so assigned; so that all Creditors, who have proved 
 their Debts, the Assignees and all Persons having aii 
 interest in the Estate may appear at the time assigned, 
 as aforesaid, and show cause why the said report 
 should not be accepted and a dividend made conform- 
 ably thereto, all objections and exceptions to the 
 said report being fyled in writing, and thereupon such 
 proceedings shall be had by the Court sitting in 
 Bankruptcy as to justice and equity shall appertain. 
 
Jlifi 
 
 22 
 
 XXXVI. 
 
 The following Fees and Costs shall be allowed 
 to the Parties and to the Officers of the Court in 
 Bankruptcy, for the respective services mentioned 
 in the following Tariff, in addition to the Fees and 
 Costs especially provided for and allowed in and by 
 the said Act 7 Victoria, Cap. 10. 
 
 ii 
 
23 
 
 allowed 
 Court in 
 entioned 
 ?ees and 
 Q and by 
 
 1' A R I F F 
 
 OF 
 
 FEES AND COSTS. 
 
 ^^^^^I^V^I^V^ 
 
 To the Morney or Solicitor for the petitioning 
 
 Creditor. 
 
 For attesting the signature of a Party to 
 a declaration of his insolvency, five Shil 
 lings, current money of Canada. 
 
 •••••« 
 
 For taking Instructions to sue out a 
 Commission of Bankruptcy, fifteen Shil- 
 lings said current money 
 
 , For draughting any Affidavit not exceed- 
 
 '"S *c?.[?^'°^'' ^".^, ^^'^ copying the same, 
 tive {^hillings said current money 
 
 For every additional folio, six pence, 
 said current money ^ ^ ^ 
 
 , For Attendance to get any such Affida- 
 vit sworn, three Shillings and four pence, 
 said current money , , ^ 
 
 For draughting and fair copying any 
 Fetition for a Commission of Bankruptcy 
 twelve Shillings and six pence, said cur 
 rent money 
 
 For draughting and fair copying a Prse- 
 cipe, three Shillings and four pence, said 
 current money 
 
 s. 
 
 
 
 15 
 
 
 
 
 
 
 
 d. 
 
 
 
 
 
 6 
 
 
 
 
 
 12 
 
 3 
 
 6 
 
21 
 
 For suing out Commission of Bankrupt- 
 cy, attendance at the Ollice for the same, 
 and attendance on the Sheriff with In- 
 structions for the Execution thereof, ten 
 Shillings, said current money 
 
 Fee on return ol' Commission, Atten- 
 •:!:i. ice at choice of Assignees and proving 
 petitioning Creditor's Debts, ten Shillings, 
 said current money 
 
 For draughting and fair copying any 
 
 list of Exhibits and attendance to fyle the 
 
 same, three Shillings and four pence, said 
 
 current money , 
 
 For draughting and fair copying any 
 necessary motion, five Shillings, said cur 
 rent money , 
 
 For Copy and Translation of any Rule 
 or Advertisement, other than herein after 
 provided for, three Shillings and four 
 pence, each Copy or Translation, said 
 
 current 
 
 money. 
 
 For attendances on the Printer to pro- 
 cure Insertion, each three Shillings and 
 four pence said current money 
 
 For attendance at the second general 
 Meeting, ten Shillings, said current money.. 
 
 N^^^fef^^W^IH 
 
 To the Attorney or Solicitor for the Assignee. 
 
 For taking Instructions including the 
 fiecessary attendance, ten Shillings, said 
 current money 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s.'d. 
 
 iO 
 
 10 
 
 10 
 
 
 
 
 
 
 
 
 
 10 
 
25 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s.'d. 
 
 10 
 
 
 
 10 
 
 
 
 
 
 3 
 10 
 
 
 
 4 
 
 
 
 10 
 
 Tor perusing the Bankrupt's examina- 
 tion and Oath, five shillings, said current 
 nnor.ey , 
 
 For examining the Assignee's accounts, 
 preparatory to fyling the same, ten shil-i 
 nngs, said current money 
 
 For draughting and fair copying peti- 
 tion to sell rsal Estate, six shillings and 
 eight pence said current money 
 
 For draughting Advertisement for the 
 Sale, five shillings, said current money.. 
 
 For every Copy thereof, three shilling? 
 and four pence, said current money 
 
 Fee on Examining Clerk's report, fori 
 a dividend, ten shillings, said current 
 money 
 
 To the Attorney or Solicitor, on proceed- 
 ings on a Summons, under the provisions 
 oj the said Jet 7 Victoria, Cap. 10. Sec. 3 
 
 For taking Instructions to sue out a 
 Summons, and the necessary attendance, 
 SIX shillings and eight pence, said current 
 money 
 
 For drawing particulars of demand and 
 iNotice for payment, five shillings, said 
 current money 
 
 For each Copy thereof, three shillings 
 and four pence, said current money 
 
 £ I s. d. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5 
 
 10 
 
 6 
 
 
 
 
 
 
 
 8 
 
 
 
 10 
 
 
 
 CI 8 
 
 
 
 I 3 
 
 D 
 
2(> 
 
 i 
 
 For Attendance to obtain Summons 
 and at the return thereof, each, three shil- 
 lings and four pence, said current money.. 
 
 Drawing admission of Debt, five shil- 
 lings, said current money 
 
 Drawing exception to sufficiency of 
 Sureties, three shillings and four pence 
 said current money 
 
 Attendance at allowance or disallow- 
 ance of Sureties, three shillings and four 
 pence, said current money 
 
 Copy of Judgment and notice to pay the 
 same five shillings, said current money.. . 
 
 Copy thereof to serve, three shillings 
 and four pence, said current money 
 
 To the Attorney or Solicitor of a Claimant. 
 
 For draughting and fair copying any 
 ordinary claim or affidavit of debt, ten 
 shillings, said current money 
 
 For attendance to fyle the same, five 
 shillings, said current money 
 
 For attendance to procure allowance 
 thereof, five shillings, said current money.. 
 
 For claims of ten pounds currency, and 
 under, in amount, one half the foregoing 
 Fees to be allowed. 
 
 For draughting and fair copying any 
 claim in the nature of an opposition relating 
 to real property, or setting out at length a 
 
 s.. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 10 
 
 
 
 
 
 
 
 
 
27 
 
 
 
 
 
 
 
 
 
 
 s. 
 3 
 
 4 
 
 
 3 
 5 
 
 
 
 4 
 
 
 
 
 
 10 
 5 
 5 
 
 
 
 
 
 landlord's privileged claim for rent, one 
 pound, ten shillings, said current money, 
 including attendance to fyle the same. . . . 
 
 For drawing petition to expunge a claim, 
 ten shillings, said current money 
 
 For draughting and fair copying any 
 exception, answer or replication, six shil- 
 lings and eight pence, said current money. 
 
 To the Allorney or Solicitor of the Bank- 
 rupt. 
 
 For attendance and taking instructions, 
 ten shillings, said current money { 
 
 For notifying assignee of public sitting 
 five shillings, said current money 
 
 For attendance thereat, ten shillings, 
 said current money 
 
 Fee on allowance of certificate, ten shil- 
 lings, said current money 
 
 And to the Solicitors for services in general, 
 not otherwise provided for. 
 
 For each necessary attendance, at 
 Chambers or the Clerk's Office, three 
 shillings and four pence,said current money. 
 
 For each necessary attendance in Court 
 or at a public meeting, five shillings, said 
 current money. , . , 
 
 1 
 
 
 
 
 
 10 
 10 
 
 6 
 
 
 
 
 8 
 
 
 
 
 
 
 
 
 
 10 
 
 u 
 
 
 
 10 
 
 10 
 
 
 
 
 
 
 
 
 
28 
 
 9 
 
 ,1 
 
 J 
 
 •■ r r 
 
 i' i 
 
 i|! 
 
 Draughting and iyling an appearance, 
 when requisite, three shillings and four 
 pence, said current money , 
 
 For motions, notices, and the like ser 
 vices, the same fees as hereinbefore pro- 
 vided, with respect to the Solicitors for the 
 petitioning creditor and assignee 
 
 For the examination or cross-examina- 
 tion of any witness, three shillings and four 
 pence, said current money 
 
 For attendance at the taxation cf a bill 
 of costs, three shillings and four pence, 
 said current money 
 
 And that there be allowed to the Advo- 
 cates, for any important hearing, where 
 the same shall be necessary, a fee taxable 
 at the discretion of the Circuit Judges Svem 
 oAohe to (iMiee- guineat. 
 
 To the Clerk. 
 
 For a Copy of any declaration of in 
 solvency, one shilling and three pence, 
 said current money 
 
 For every rule, summons, or copy there- 
 of, one shilling, said current money 
 
 For every notice or certificate, one shil- 
 ling and three pence, said current money. . 
 
 For every Commission of Bankruptcy, 
 five shillings, said current money 
 
 
 
 / 
 
 
 
 
 
 
 
 
 
 s. 
 3 
 
 d. 
 4 
 
 3 
 
 
 
 ^^ 
 
 
 
 
 
£ , s. 
 
 i 
 3 
 
 / 
 
 d. 
 4 
 
 3 
 
 ^ 
 
 4 
 
 1 
 1 
 
 5 
 
 3 
 
 3 
 
 
 
 20 
 
 For drauj^hiing and lair copying a de- 
 claration ol" the choice or appointment of 
 an assignee, ten shillings, said current 
 money 
 
 For the counterpart thereof, five shil- 
 lings, said current money 
 
 For drawing a certificate of discharge, 
 ^?^'.»; copy thereof and a copy to fyle, ten 
 shilhngs, said current money 
 
 .For drawing a certificate of conformity, 
 lair copy thereof, and a copy to fyle, fifteen 
 shillmgs, said current money 
 
 For making a list of debts proved, two 
 shillings and six pence, said current money. 
 
 For taking an account of the Estate, 
 settling the claims fyled, draughting the 
 report concerning the same, and draughting 
 and fair copying the Order for a dividend 
 u ^^j a fee taxable at the discretion of 
 the Judges, from one pound, five shillings 
 to three pounds, fifteen shillings, according 
 to the complication, difficulty or trouble, in 
 each case. 
 
 For recording and collocating any claim 
 upon, to, or respecting real property, and 
 tor receiving and fyling the claim or oppo-' 
 sition, ten shillings, said current money.. . 
 
 For copy of any Judgment under one 
 hundred pounds, two shillings, said current 
 money ......,.., 
 
 For drawing a bill of costs, one shilling 
 and eight pence, said current money. . . . 
 
 
 
 10 
 
 15 
 
 2 G 
 
 10 
 
 J 8 
 
30 
 
 For any Warrant of distress or Commit 
 ment, six shillings and eight pence, said 
 current money 
 
 For keeping the Register of proceedings 
 in each case, one pound, ten shillings, said 
 current money 
 
 Fee on making up and transmitting any 
 record to the Court of Review, one pound, 
 said current money 
 
 For the examination of every witness or 
 party on contestation, three shillings and 
 four pence, said current money 
 
 For every search, one shilling, said cur 
 rent money ' , ,, , 
 
 For copy of any paper, per hundred 
 words, six pence, said current money. . . . 
 
 For drawing the Bankrupt's affidavit, five 
 shillings, said current money 
 
 To the Sheriff. 
 
 For all his services in relation to th( 
 execution of any Commission of bank 
 ruptcy, exclusive of such disbursements as 
 shall be necessarily incurred by him, two 
 pounds, ten shillings, said current money. . 
 
 ^^■^fc*^-^^^*^ w * * * * ^^yfc^fc^ii^.Hj^.^^^ 
 
 To a Bailiff or Messenger. 
 
 For the service of any rule, notice or 
 summons, two shillings said current money. 
 
 
 
 
 
 
 
 
 
 
 
 8. 
 
 10 
 
 
 
 d. 
 
 8 
 
 
 
 
 
 
 
 6 
 
 
 
 10 
 
 
 
 2 
 
 
 
10 
 
 
 
 3 
 1 
 
 
 5 
 
 d. 
 8 
 
 
 
 
 
 4 
 
 
 6 
 
 
 ai 
 
 For travelling each mile to the place of 
 service over one mile, one shilling, said 
 current money 
 
 For any arrest of the person, ten shil- 
 nngs, said current money 
 
 For attendance in Court, in each case, two 
 shillings, and six pence, said current money 
 
 Costs to a Trailer summoned, as provided 
 by the said Jet 7 Tie/. Ch. 10, Sec. 1 1. 
 
 The trader's personal travelling ex 
 penses (verified by affidavit) and allow- 
 ance for loss of time, as to a witness, in 
 the Court of Queen's Bench. 
 
 And to his Solicitor, his fees as for cor 
 responding services, as provided for in the 
 foregoing tariff. 
 
 £ 
 
 
 
 
 
 
 s.,d. 
 
 10 
 
 
 
 6 
 
^2 
 
 FORMS TO BE OBSERVED IN MATTFR^ 
 IJV BANKRUPTCY. '^^^'^^ 
 
 FORMS. 
 
 No. I. 
 
 Appearance of Mtorney or Solicitor. 
 
 Province of Canada, } , , 
 
 JJistnct of Quebec : \ '» ^^e Court of Bankruptcy. 
 
 In the matter of 
 A. B. 
 
 ditor, Assigte;";rr%rkr"p^ petS^Cre- 
 
 ,^^ Dat?d at QuebeTAl^^' " ^^^ ,~^^ ^e.) 
 
 C. D. 
 
 Sol. for 
 
 No. 2. 
 
 Title of a Cause. 
 
 Province of Canada, } , , 
 iJjstrict of Quebec. \ '" ^^^ Court of Bankruptcy. 
 
 In the matter of 
 A. B. 
 
 Bankrupt. 
 
33 
 
 No. 3. 
 
 ^ffidaoit of Debt, 
 
 Province of Canada, > i ,, ^ ^ r. . 
 
 District of Quebec : \ *" ^"^ ^^^^^ ^^ Bankruptcy. 
 
 The day of 
 
 In the matter of 
 A. B. 
 
 184 
 
 Bankrupt. 
 
 exa- 
 
 E. F. of, &,c, being duly sworn — and 
 mined upon his oath, saith that A. B., the person 
 against whose Estate and effects the Commission 
 of Bankruptcy hath in this case issued, was at and 
 before the date of the said Commission, and still is 
 justly and truly indebted unto this examinant (or 
 unto C. D., as the case may be) in the sum of 
 
 (here state the cause and considera- 
 tion of the debt, or where a full account is annexed, 
 add :) according to the statement in the Schedule 
 hereunto annexed marked which is a 
 
 just and true account, for which said sum of 
 
 said current money, or any part thereof this 
 examinant hath not, nor hath any person to the use of 
 
 to the knowledge or belief of this 
 examinant, received any satisfaction or security what- 
 soever (if the contrary be the case, add :) except, the 
 security stated in the Schedule hereunto annexed 
 marked , and that the said examinant 
 
 (or C. D.) hath no suit pending against the said 
 Bankrupt for the Debt aforesaid. 
 
 E. F. 
 
 Sworn before 
 of Quebec, the 
 day of 
 
 me, at the City 
 
 \HA 
 
 \ 
 
 F. 
 
Lr,*^ 
 
 34 
 
 [The following memorandum shall be printed at 
 the foot of the printed form.] 
 
 Mem — Whenever a Schedule is annexed, it is to be 
 verified by the Signatures of the Examinant and of 
 the Circuit Judge. 
 
 No. 4. 
 Form of Schedule D. 
 Province of Canada, 
 
 Province ol Canada, > t ,. ^ . r n , 
 District of Quebec. yV^^ Court ol Bankruptcy. 
 
 In the matter of 
 A. B. 
 
 Bankrupt's Schedule D, 
 
 Bankrupt. 
 
 Name. 
 
 • 
 
 o 
 
 a 
 
 • 
 
 2 
 
 Oh 
 
 Nature of 
 Debt. 
 
 Considera- 
 tion. 
 
 Security. 
 
 • 
 a 
 
 o 
 S 
 
 Remarks. 
 
 
 
 
 
 
 
 £ 
 
 s. 
 
 d. 
 
 Total. 
 
 1 
 
 1 
 
 
 
 
printed at 
 
 it is to be 
 nt and of 
 
 ikruptcy. 
 
 ikrupt. 
 
 35 
 
 No. r>. 
 
 Province of Canada, > , . ,, 
 District of Quebec. J '" ^^^ ^°"ft of Bankruptcy. 
 
 In the matter of 
 
 A. B. 
 
 BanknipVs Schedule C. 
 
 Bankrupt. 
 
 B 
 
 tal. 
 
 V 
 
 No. 6. 
 
 Schedule of Property exclusive of Debts taken or 
 to be taken by Assignee. 
 
 Province of Canada, > , l ^ 
 District of Quebec. J ^" *°® ^o"*** of Bankruptcy. 
 
 In the matter of 
 
 A. B. 
 
 Bankrupt. 
 
36 
 
 Bankrupt's Schedule P. 
 
 £ I s. 
 
 d. 
 
 Nos. 7 & 8. 
 
 Schedules of Losses and Expenses. 
 
 Provin-ie of Canada, > , .u r. . t> , 
 
 District, of Quebec. J '" *"® '-^°"^* ^*^ Bankruptcy. 
 
 In the matter of 
 A. B. 
 
 Bankrupt. 
 
 Schedule L. 
 
 Schedule E. 
 
 Losses. 
 
 £ s. d. 
 
 Expenses. 
 
 £ s. d. 
 
 
 
 
 
 ?/ 
 
i s. d. 
 
 ruptcy. 
 
 37 
 
 No. 9. 
 
 Form of Bankrupl's Balance Sheet. 
 
 Province of Canada, ? t .u /-. r r. , 
 
 District of Quebec. $ '" ^^^ ^^^''^ ^^ Bankruptcy. 
 
 In the matter of 
 
 A. B. 
 
 Balance sheet. 
 
 Bankrupt. 
 
 Bankrupt, Dr. 
 
 £ s. d. 
 
 Cr. 
 
 £ s. d. 
 
 Debts (as per list 
 marked D.) 
 
 Capital. 
 
 Profits. 
 
 
 Debts due (see list 
 
 Property (exclusive 
 of debts) taken or 
 to be taken by as- 
 signee (list P.) 
 Losses (list L.) 
 Expenses (listE.) 
 
 
 
 
 £ s. d. 
 
 No. 10. 
 
 Form of undertaking to pay costs. 
 
 Province of Canada, > i ,, n .mi 
 District of Quebec. J ^" *^^ ^^"^' «^ Bankruptcy. 
 
 In the matter of 
 
 A. B. 
 
 Bankrupt. 
 
38 
 
 Whereas it appears tn 
 assignee) chosen (or « to \'fc **'^,. Assignees (or 
 pectiveJy proved deb's to ^h "''"^'^^''s having res- 
 pounds") under thppL- ^^ ^'"^""t of twenty 
 «aid A. B. that CD. ofTc S n "^"5^ ?^^'"^^ ^1^ 
 the said Commission v^hich tj^^ ^ ^'^' ""^^r 
 we, therefore, having replterd^l^i^t ^° ^'"^^ 
 
 District, acting in the nro^sP^II't?'^ *^r¥ '" *^« ^^'d 
 mission, do he?ebV undemke atr ""^ '^' ^^^^ ^^"^■ 
 costs ana .hargesf as thTsa^d Ci-t^'f /'.^'^ '"^^ 
 direct in respect of fhp.-n,!.!--"^"^^ -^"dge shall 
 to the said dd)t! ^"^^^t'gation to be had relative 
 
 (Signed) 
 
 No. II. 
 
 Form of Summons. 
 
 Province of Canada, > , 
 District of Quebec, \ '« the Court of Bankruptcy. 
 
 In the matter of 
 
 A. B. 
 
 ToC. D. of&c. 
 
 Bankrupt. 
 
 These are to will anA r^« • 
 every one of you) to whom thf. W^"''^ >^°"» (^^^ 
 
 Cily of Quebec, at ihe hourrf"'^ ^°"''' ""use, in^hf 
 
 c 
 
 tl 
 
 d 
 
 Si 
 
 ir 
 
 oi 
 
 T 
 
inees 
 
 (or 
 aving res- 
 of twenty 
 gainst the 
 ebt under 
 ^e to him, 
 to 
 
 the said 
 iid Corn- 
 pay such 
 ge shall 
 I relative 
 
 39 
 
 Debt 'of '^"'^ '° ^' '"""""""^ ^'^^''^ "^^ ^«"^»"»S « 
 
 ani'h'f. ^'7^"'^^'°" '--^ against tedTa 
 and whether the same is justly due in whole or in pa7t 
 or not, and why the same should not be expunged. 
 And hereof fail not at your peril. 
 
 Given under my hand, this 
 day of g^ 
 
 uptcy. 
 
 upt. 
 
 (and 
 Jcted, 
 Jourt, 
 lay of 
 n the 
 
 No. 12. 
 
 Form of Contestation of a Claim respecting real 
 
 Estate. 
 
 Province of Canada, )j^^ 
 
 District of Quebec. J " ^"® ^°"*'* ^f Bankruptcy. 
 
 In the matter of 
 A. B. 
 
 Sir, 
 
 Bankrupt. 
 
 doth 
 fyled in 
 
 Take notice that 
 contest the Claim of 
 this matter, and that he the said 
 doth hereby elect his domicile for the purposes of the 
 said contestation at 
 
 of Quebec. ^'"'^'^ ^" '^' '^'^ ^"3^ 
 
 To 
 
 (Signed) 
 
40 
 
 XXXVII. 
 
 n 1 ^' ^ ^L^Ti ^^'^^ ^^^ foregoing Rules and 
 Orders, Tariff of Fees and Forms of Proceedings, 
 be of lorce and observed in matters in Bankruptcy 
 until the same shall be changed, altered or modified 
 by other Rules and Orders, and Tariff of Fees and 
 Costs, at any time hereafter, from time to time, sub- 
 mitted by the Circuit Judges in and for the said 
 District of Quebec, to the Judges of the said Court of 
 Queen's Bench, for their sanction and approval, and 
 approved by them. 
 
 W. POWER, 
 
 Circuit Judge. 
 J. C. BRUNEAU, 
 
 Jiige de Circuit. 
 
 QUEEN'S BENCH. 
 Quebec, — 
 
 13th October, 1846. 
 William Power, Esquire, one of the Circuit Jud<>-es 
 acting as Commissioners of Bankrupts for the iJis- 
 trict of Quebec, appeared in Court, and submitted 
 certain general rules and orders for regulating 
 the forms of proceedings and the practice to be 
 observed in matters of Bankruptcy; and also a 
 Tariff of Fees and Costs to be allowed and taxable 
 on all matters coming before the said Commissioners, 
 prepared by the Commissioners of Bankrupts in and 
 for the said District of Quebec, in pursuance of the 
 law in such case made and provided, and submitted 
 the same to the Judges of the Court now here, for 
 their approval and sanction. 
 
41 
 
 QUEEN'S BENCH. 
 Quebec, — 
 
 23d October, 1846. 
 
 been prepared and Si« 5?'"'I'P"=>'' ^'''«'' have 
 here/byUe Circuit r„,r^'' '?*esaid Court now 
 of Banl<rupts, folAe Dife 'm« f Commissioners 
 of the la/ in such cale 2 '^S'"'''^'=.'J" P-'suance 
 the said Courenow he ' rnn.f/"^/''""'^'"''-" '« ^y 
 power to *e sKSrthfs blr''''=''''"'l°f*« 
 said Rules and Ordera l^e »n,l ,h ^'™"' *•"" *e 
 approved AnAil^-^A *"" ""« "a^e are hereby 
 
 sj^ aXxattd he'terPel''"^. ??™« '"^° 
 allowed and taxable In .If .. ^®* *"<' '^"^'^ to be 
 
 said CommSersofBaninT''\'Ti"S ''^''<"'« "•« 
 
 prepared and submhLd bvX'''"^'''"'^ '''° ''*'" 
 to tL said Court now bl«^ • ^*"' Commissioners, 
 
 Law in this behalf m»Sf ^"' P^'-T?"^ "'''he said 
 
 by the said Cott nowhere Z7^''*'^~L'' '" ''"'•'er 
 Tariff of Fees and Cost, k» '^'"'^'^f «'' ""at the said 
 approved, wlft ?he exc^n^n *"fl** f "■"" " ^^'^^y 
 in the said Tar ff by whfch » 1 ^''''"'* "' "''<='^ 
 reserved to the said >n,!^- ■ ^'^<'^t'0'>»ty power is 
 
 to three guineLTn'ate bXe Aet " ?T °^^ 
 clause or article is herphv mlrl i 1 ®™' ^^'^'^ said 
 allowance to be Ldet s-^ ' ^ restricting the 
 or sum of oneguTnp; " '"'^ ""'"'' *° ^^e fixed fee 
 
 BURROUGHS & FIZET, 
 
 P. B. /?. 
 
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