Page images

to the value of fifteen pounds, shall not prevent him having the benefit of this Chapter.

16. No Sheriff or gaoler shall be liable to an action for acting in obedience to any order made under the provisions of this Chapter: If sned, he may plead the general issue and give such order in evidence, nor shall he be liable to an action of escape for liberty granted to any debtor under the provisions of this Chapter, unless the debtor go beyond the limits.

18. The Mayor or Recorder of the City of Saint John shall carry into execution, in the City and County of Saint John, the several provisions of this Chapter.

23rd VICTORIA--CHAPTER 28. An Act to amend the Law relating to Insolvent Confined Debtors. Section 1.- Weekly allowance to Debtor may be paid to Gaoler.

Passed 9th April 1860. Be it enacted, fc.-1. That whenever the Judge or Justices shall make an order for payment by the suitor offive shillings per week to the debtor, as directed by the first Section of Chapter 124, Title XXXIV, of the Revised Statutes, ‘Of Insolvent Confined Debtors,' such payment may in all cases be made to the gaoler, or keeper of the gaol for the time being, at the gaol in which, or on the limits of which, the said debtor is confined, anything in the said Act to the contrary potwithstanding.

26th VICTORIA-CHAPTER 10. An Act to amend Chapter 124, Title XXXIV, of the Revised Statutes,

Of Insolvent Confined Debtors.'
Section 1.-Order for maintenance or discharge, how obtained.

Passed 20th April 1863. Be it enacted, &c.—1. That any person confined in any gaol or on the limits thereof, for the space of six months, in any civil suit, may apply to any Judge of the Supreme Court, on affidavit, for relief, fourteen days' notice of such application, with copies of the affidavits, being first given to the dpposite

party or his attorney, who, on being satisfied that the debtor has no property, real or personal, to discharge the demand in part or in whole, or means of support, and that he has applied to a Judge or Justice for weekly support without success, the said Judge may in his discretion make an Order either for the maintenance or discharge of such debtor, the d-eision of such Judge to be final.


An Act to establish County Courts. Section 32.-Jurisdiction of Judge in matters relating to Inso.vent

Confined Debtors.

Passed 17th June 1867. Be it enacted, &c.—32. The several County Courts, and the respective Judges thereof, shall have and exercise all the powers and authority vested in the Supreme Court, or the Judges thereof respectively, by Chapter 124, Title XXXIV, of the Revised Statutes, 'Of Insolvent Confined Debtors ;' * * * and also of an Act made and passed in the twenty sixth year of the Reign of Her present Majesty, Queen Victoria, Chapter 10, intituled An Act to amend Chapter 124, Title XXXIV, of the Revised Statutes, 'Of Insolvent Confined Debtors,' and of any other Act or Acts in amendment thereof.


An Act to facilitate the winding up of the affairs of Incorporated


Section. 1 Definition of term “ Company.” 10 Curator to give security ; powers 2 Definition of term “ Court", pro o f Curator.

Il Duties of Curator. 3 When and how Company may be 12 Actions against Company stayed wound up.

13 When former owner not relieved 4 Publication of chief place of busi by transfer of shares.

ness ; evidence of such publica. 14 Court may order calls to be made tion.

on unpaid stock. 5 Evidence of insolvency.

15 When calls are made Curator may 6 Service of notice, &c., how made. sue. 7 Application for winding up Com. 16 Curator may sue or be sued for

pany, how and to whom made. debts due to or from Company. 8 Notice of Petition, &c., when and 17 Curator to file semi-annually on whom served; proviso.

state.nent of assets with Clerk of 9 Court may grant order for wind Court.

ing up Company, and appoint a 18 When amount sufficient, Court Curator.

may order dividend.


Section. 19 Curator to be an officer of the 23 Compensation to Curator. Court.

24 When Court shall order Company 20 Surplus, if any, how applied. dissolved. 21 Court may make call on contri. 25 Court may make rules relative to

butors to amount of their lia winding up of Company. bility.

26 Not to apply to suits now pending. 22 Set-off allowed contributors.

Passed 13th April 1894. WHEREAS it is expedient for the benefit of creditors, and also of the members of such Companies as are hereinafter mentioned, to give them a speedy and inexpensive means of winding up the affairs of such Companies when unable to meet their pecuniary engagements amd liabilities :

Be it therefore enacted, fc.-1. That the word “ Company,', when used in this Act, shall be construed to mean any incorporated Company, whether formed or subsisting before or after the passing of this Act, other than and excepting Railway Companies, to which last mentioned Companies and to ordinary Co-partnerships, this Act shall not apply.

2. The word “Court,” whenever it occurs in this Act, shall be construed to mean the Supreme Court of Judicature or any Judge thereof, before which Court, or any Judge thereof, all and every of the proceedings under this Act may be had and taken; provided that any such proceeding of any Judge shall be subject to appeal to the whole Court in Term.

3. A Company may be wound up under this Act by the Court1st. Whenever the Company, at a general meeting, has

passed a special resolution concurred in by a majority in number and value of the shareholders therein, re

quiring the Company to be wound up; 2nd. Whenever the Company has forfeited its charter by

non-user or otherwise, or suspended its business for the space of a whole year, or shall become dissolved by

effluxion of time; 3rd. Whenever the Company is insolvent; 4th. Whenever three-fourths of the capital of the Com

pany has been lost or become unavailable. 4. Every Company already formed shall within three months after the passing of this Act, and every Company hereafter to be formed shall within two months after its incorporation, fix and declare a chief place of business in

this Province, and shall give notice thereof in the Royal Gazette, and shall file a certificate signed by the President of such Company, and under the seal of the Company, setting forth the place so fixed and declared, in the office of the Prorincial Secretary; and the production of the Royal Gazette containing such notice a copy of the certificate so filed, certified by the Provincial Secretary,shall be sufficient evidence of such chief place of business being so fixed and declared.

5. The return unsatisfied in the whole or in part of any writ ofexecution against the Company.directed to the Sheriff of the County in which the chief place of business of said Company may be situated, shall be prima facie evidence of insolvency within the meaning of this Act.

6. Service of any notice, order, rule, or writ, in or incident to or preliminary to any proceeding under this Act against or in respect of any Company, may be made upon such Company by leaving a copy thereof at the chief place of business of such Company, with any grown person in charge thereof, or there or elsewhere with the President or Secretary thereof; and if the Company have no known place of business, or be without any kuown President or Secretary,then upon a statement to that effect being made under oath to the Court having the requisite jurisdiction, such Court shall order the publication for one month in the RoyalGazette of such notice, order, rule, or writ, or the substance thereof respectively, which publication shall be held to be due notice thereof.

7. Any application for the winding up of any Company shall be by Petition to the Court, and shall be verified by affidavit or other sufficient evidence; and in cases when the Company is insolvent, such petition may be filed either by a creditor whose debt has remained unsatisfied after such proceedings as aforesaid taken to compel payment thereof, or by any member of the Company liable to become a contributory towards the payment of its debt; but when any ground other than the non-payment of debt is alleged for the winding up of the Company, such contributory alon. shall be entitled to make such application.

8. Notice of such petition, with a copy of the same, and affidavit of verification and of the day on which such petition is to be presented for hearing thereof before the Court, shall

be served upon the Company at least ten days before such presentation thereof, and shall also be given by advertisement to be twice inserted in the Royal Gazette, and twice in some newspaper (if any) published in the County in which the chief place of business of the Company is situated'; provided always, that the Court may at the hearing of the petition direci the same to stand over, and order such further notice to be given as to the Court shall seem meet; and provided also, that the Court may in its discretion proceed upon the production of the Royal Gazette with such notice as aforesaid, in case no better service, after due diligence can, in the opinion of the Court, be effected within a reasonable time.

9. Upon hearing of any Petition for the winding up of any Company,filed by such creditor or contributory as aforesaid, the Court may make an order for the winding up of the Company, which order shall be forth with published in the Royal Gazette, and shall therein fix a day for the appointment of a Curator to said Company,and shall therein require the creditors and members of such Company to appear before the Court on such day,to give their advice as to such appointment; and such Court shall on such day, after hearing any suggestion made by any creditor or contributory, but without being bound by any such suggestion, nominate and appoint a Curator of such Company, and in the event of such Curator neglecting to put in security as hereinafter provided, or refusing to accept such appointment,or afterwards becoming incompetent by reason of death,absence from the jurisdiction, removal by the Court, or other cause, to perform the duties thereof, another and like appointment of a Curator may from time to time be made in like manner as the first appointment.

10. Such Curator shall give such description and amount of security for the due performance of his duties as the Court may determine, and may be called upon by the Court from time to time to substitute and give, and he shall thereupon give fresh or additional security; and upon the completion of such security shall become and be vested, in his capacity of Curator, with all moneys and securities for money, documents, papers, books of account, estate, effects and assets of the Company generally; and shall have power forth with thereupon as such Curator to take possession thereof, and in

« PreviousContinue »