been duly served upon him, the person entitled to receive the money under such decree or order, or interested in enforcing the payment thereof pursuant thereto, may apply to the Court by which the same shall have been pronounced, to fix a peremptory day for the payment of such money, which shall accordingly be fixed by an order for that purpose; and if such trader, being personally served with such last mentioned order twenty-one days before the day therein appointed for payment of the money, shall neglect to pay the same, he shall be deemed to have committed an act of bankruptcy on the twenty-second day after the ser

vice of such order.

XV. And be it enacted, that if any trader shall file, with the Judge or Commissioner within the District in which such trader resides, or in which he has his usual place of business, a declaration in writing in the form of the Schedule (D) hereunto annexed, signed by such trader, and attested by an Attorney or Notary as aforesaid, that he is unable to meet his engagements, every such trader shall be deemed thereby to have committed an act of bankruptcy at the time of filing such declaration, provided a commission of bankruptcy shall issue against such trader within two months from the filing of such declaration; and a copy of such declaration, sealed with the seal of the Court over which the Judge shall preside, or with the seal of the Commissioner with whom the same shall be filed, shall be received as evidence of such declaration having been filed.

XVI. And be it enacted, that no trader shall be liable to become bankrupt by reason of any act of bankruptcy committed more than four months prior to the issuing of a commission of bankruptcy against him.

XVII. And be it enacted, that no commission of bankruptcy shall be deemed invalid by reason of any act of bankruptcy of the person against whom such commission shall be issued, having been concerted or agreed upon between the bankrupt and any creditor or other person.

XVIII. And be it enacted, that if the bankrupt shall not, (if he were within the Province at the date of the commission.) within twenty-one days after notice of the bankruptcy in the Gazette of Canada, or (if out of the Province at the date of the commission within four months after such notice,) have commenced an action, suit, or other proceeding to dispute the commission, and have prosecuted the same with due diligence and effect, the Gazette containing such notice shall be conclusive evidence in all cases, as well criminal as civil, against the bankrupt, and in all actions at law, or suits in equity, brought by, or against the assignees, or by or against any person claiming any right, estate, or interest, by, through or under the bankrupt, that such person against whom the commission issued bc

came

came a bankrupt before the date and suing forth of the said commission, and that such commission was sued forth on the day in which the same is stated in the Gazette to bear date.

Conveyances made for the

ference to any

void.

XIX. And be it enacted, that all payments, securities, conveyances or transfers of property, or agreements made or given by any trader in contemplation of purpose of givbankruptcy, and for the purpose of giving any creditor, indorser, surety or other ey person, any preference or priority over the general creditors of such bankrupt, and creditor to be all other payments, securities, conveyances or transfers of property or agreements, made or given by such trader in contemplation of bankruptcy, to any person or persons whatever, not being a bona fide creditor or purchaser for a valuable consideration without notice, shall be deemed utterly void, and a fraud under this Act; and the assignees under the bankruptcy shall be entitled to claim, sue for, recover and receive the same as part of the assets of the bankrupt, and the person making such unlawful preference or payment shall receive no discharge under the provisions of this Act: Provided always, that all dealings and transactions, by and with any bankrupt, bonâ fide made and entered into more than thirty days before the issuing of the commission against him, shall not be invalidated or affected by this Act: Provided, that the other party to such dealings or transaction had no notice of a prior act of bankruptcy: And provided also that nothing in this Act contained shall be construed to annul, destroy or impair any lawful rights of married women, or minor, or any liens, mortgages, hypothecs or other securities on property, real or personal, which may be valid by the laws of any part of this Province, and which are not inconsistent with the provisions of this Act.

Proviso.

Proviso.

or act as com

Proviso.

Proviso.

XX. And be it enacted, that the several Judges of the District Courts in this Who shall be Province, and the several Commissioners appointed under the Ordinance of Lower of secon Canada concerning bankrupts, or to be hereafter apointed, shall and may within bankrupts. their respective Dirtricts, locality and jurisdiction, exercise, fulfill and perform, the acts, powers, duties and authority, by this Act vested in, given to, or directed or authorized to be performed by them, for the several purposes in this Act contained Provided, that nothing in this Act contained shall prevent the Governor from removing any one or more of the Commissioners heretofore appointed, as in and by the said Ordinance is declared and provided: And provided also, that in any District in this Province, where the business may appear to be greater than the Judge of the District Court can conveniently dispose of, it shall be lawful for the Governor, from time to time, to appoint a Commissioner to have concurrent jurisdiction, power and authority, in matters of bankruptcy within such District with the Judge thereof, and to remove such Commissioner, and appoint another in his place And provided always, that no person shall be a Judge or Commissioner as aforesaid in this Province, unless he be a Barrister at Law, of at least five years standing.

Amount

which must be

due to the creditor or credit ors petitioning for a commis

sion of bank

ruptcy.

ssuing of the Commission and proceed

XXI. And be it enacted, that the amount of the debt or debts of any creditor or creditors, petitioning for a commission of bankruptcy under this Act, shall be as follows, that is to say: the single debt of such creditor, or of two or more persons, being partners petitioning for the same, shall amount to fifty pounds or up-wards; and the debts of two creditors so petitioning, shall amount to seventy pounds or upwards; and the debts of three or more creditors so petitioning, shall amount to one hundred pounds or upwards; and that every person who has given credit to any trader upon valuable consideration, for any sum payable at a certain time, which time shall not have arrived when such trader committed an act of bankruptcy, may so petition, or join in petitioning as aforesaid, whether he shall have had any security in writing for such sum or not..

XXII. And be it enacted, that after any act of bankruptcy as aforesaid committed, such creditor may make application, upon affidavit, to the Judge or Com-ings thereon. missioner for the District within which such trader resides, or has his usual place of business, setting forth the nature and amount of the debt due to him by such trader, and the act of bankruptcy, by him committed; which act of bankruptcy shall also be proved on the oath of at least one credible witness, not being a creditor of the trader; and thereupon it shall and may be lawful for such Judge or Commissioner, by commission under his hand and seal, to appoint and authorize the Sheriff of the District aforesaid, to take and receive possession of all the estate, real and personal, of such trader, excepting such as may be by law exempted from attachment, and of all the deeds, books of account and papers, of such trader, and to keep the same safely, until the appointment of assignees.

First meeting

pointed.

XXIII. And be it enacted, that the Judge or Commissioner shall, in the com-of creditors ap mission, fix the day and place for the first meeting of the creditors of such bankrupt, which shall be at some convenient place within the District wherein such: commission is issued; and the time shall not be less than fourteen days, nor morethan thirty days, after the date of the commission..

Notice to be

given.

XXIV. And be it enacted, that the Sheriff shall forthwith give public notice in such newspapers within the District as the Judge or Commissioner shall de-signate, and also such personal or other notice to any person concerned, as theJudge or Commissioner shall prescribe, setting forth the issuing of the commis-sion, and naming the day, and place appointed in such commission for the meeting of the creditors of the bankrupt; and further, that such Sheriff shall forthwith Proviso transmit a similar notice for insertion in the Gazette of Canada, which notice Case of any shall be in the form in the Schedule (E.) to this Act annexed; Provided always, party avoiding service of no- that if in any case it shall be shewn by affidavit to the Judge or Commistiee provided sioner, that the party to whom any Summons is directed, or on whom any notice

for.

is appointed to be served, in pursuance of any provision of this Act, is keeping out of the way, and cannot be personally served with such Summons or notice, it shall be lawful for the Judge or Commissioner to order, by endorsement on such Summons or notice, that the delivery of a copy thereof to the wife or servant, or some adult inmate of the family of such party, at his usual place of abode, and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to personal service, and in every such case the service of such Summons or notice, in pursuance of such order, shall be deemed and taken to be of the same force and effect, to all intents and purposes, as if a copy of such Summons or notice had been delivered to the party or person.

XXV. And be it enacted, that the Sheriff shall, as soon as may be after the possession of issue of the commission, demand and receive from the bankrupt, and from all the bankrupt's other persons, all the estate in his or in their possession which belongs to such estate. bankrupt, with all the deeds, books of account and papers relating thereto; and the bankrupt shall accordingly deliver to the Sheriff such part of the said estate and other things above specified as may then be within his possession or power, and shall disclose the situation of such parts thereof as may then be in the possession of any other person, or so to enable the Sheriff to demand and receive the same; and the bankrupt shall also make a schedule containing a full and true account of all his creditors, with the place of residence of each creditor, if known to him, and the sum due to each; and the said schedule shall also set forth the nature of each debt, whether founded on written security, on account, or otherwise, and also the true cause or consideration thereof, and a statement of any existing mortgage, hypothec, pledge, or other collateral security, given for the payment of the same, which schedule he shall produce at the first meeting of his creditors, to be delivered to the assignees who shall then be chosen.

Bankrupt to make a sche

dule of his debts.

Debts to be

proved, and as

XXVI. And be it enacted, that the Judge or Commissioner shall attend the meeting, and shall receive proof of the debts due to the creditors of such bankrupt signees chosen. who shall be present, and shall allow all the debts which shall be duly proved, and cause a list thereof to be made, which shall be certified by himself, and be recorded and filed with the other papers in the case; and the creditors so present as aforesaid, who shall have proved their debts, shall then proceed in presence of the Judge or Commissioner to choose one or more assignee or assignees of the estate of the bankrupt, such choice to be made by the greater part in value of the creditors according to the debts then proved.

XXVII. And be it enacted, that before such meeting any creditor desiring to vote thereat, may make oath of the amount and nature of the debt due to him by such bankrupt, and at such meeting any person duly authorized by a creditor, and

F

Creditors may

vote by attor

ney after duly proving their

claims. producing

Commissioner may require further proof of debt;

Appeal.

In case of fail

producing the affidavit of debt, and a letter of attorney from such creditor, the execution whereof shall in like manner be proved by oath, shall be entitled to have the debt of such creditor allowed and included in such list as aforesaid, (provided the affidavit shall in the opinion of such Judge or Commissioner sufficiently prove the same) and to vote in the choice of assignees.

XXVIII. And be it enacted, that the Judge or Commissioner may, in his discretion, require further proof on oath of any debt claimed before him, and may examine the party claiming the same, or the agent who shall present the claim in his behalf, and also the bankrupt, on their respective oaths, on all matters relating to such claim; and any supposed creditor or person interested in the administration of the bankrupt's estate who shall be dissatisfied with the decision of the Judge or Commissioner, in regard to the rejection or admission of any claim, may appeal from such decision, and have the matter determined in a summary way by the Court of Review hereinafter mentioned.

XXIX. And be it enacted, that in case no choice of an assignee or assignees shall ure to elect as be made by the creditors at the said first meeting, the Judge or Commissioner signees, the Commissioner shall appoint one or more assignees, and if any assignee so chosen or appointed shall not, within six days after notice thereof, signify his acceptance in writing, and delivered to such Judge or Commissioner, then his election or appointment shall be considered void, and the Judge or Commissioner shall from time to time proceed to appoint until the acceptance is duly signified.

may appoint them.

Assignees ac

cepting, to by an instrument,

appointed

XXX. And be it enacted, that as soon as such acceptance shall be signified to the Judge or Commissioner as aforesaid, he shall, by an instrument under his hand and seal, declare the choice or appointment of such assignees and their acceptance; and the said instrument shall be executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be finally deposited, and the other shall be delivered to the assignees; and either of such duplicates, purporting to be under such hand and seal, shall be reof such instru- ceived in all Courts in this Province, as primâ facic evidence that the same was executed on the day on which it purports to bear date, and that the assignees named therein were duly chosen and appointed, and accepted the office, and of their authority to bring and defend actions and suits in that character.

Effect of copies

ment.

Powers of the assignees un

strument.

XXXI. And be it enacted, that the said instrument, so signed and sealed as der such in- aforesaid, shall vest, and be construed to vest in the assignees named therein, all the property of the bankrupt, both real and personal, which he could in any way have lawfully sold, assigned or conveyed, or which might have been taken in execution on any judgment against him at the date of the Commission, although the

same