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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.
XIX. And be it enacted, that all payments, securities, conveyances or transfers m
on transfers Conveyances.
made for the 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 to
om other ing undue preperson, 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 bonâ 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
Pr 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
Proviso. 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.
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 m Canada concerning bankrupts, or to be hereafter a pointed, 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 Proviso. 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 Proviso. 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.
provided to me in maroint a
for à commis
Amount XXI. And be it enacted, that the amount of the debt or debts of any creditor which must be due to the cre- or creditors, petitioning for a commission of bankruptcy under this Act, shall be
or or credit as follows, that is to say : the single debt of such creditor, or of two or more perors petitioning
sons, being partners petitioning for the same, shall amount to fifty pounds or up-sion of bank
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.
ssuing of the
and proceedings thereon.
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 Commissioner 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 ΧΧΠΠ. Η
XXIII. And be it enacted, that the Judge or Commissioner shall, in the comof creditors ap- mission, fix the day and place for the first meeting of the creditors of such bankpointed.
rupt, 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 inore than thirty days, after the date of the commission.
Notice to be XXIV. And be it enacted, that the Sheriff shall forth with give public notice given.
in such newspapers within the District as the Judge or Commissioner shall designate, and also such personal or other notice to any person concerned, as the Judge or Commissioner shall prescribe, setting forth the issuing of the commission, and naming the day and place appointed in such commission for the meet
ing of the creditors of the bankrupt; and further, that such Sheriff shall forth with 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 Commistice 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 Judye 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 Sheriff to take 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
Bankrupt to account of all his creditors, with the place of residence of each creditor, if known make a scheto him, and the sum due to each ; and the said schedule shall also set forth dule of his 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.
XXVI. And be it enacted, that the Judge or Commissioner shall attend the
Debts to be
proved, and as 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 Creditors may vote thereat, may make oath of the amount and nature of the debt due to him by ney after duly such bankrupt, and at such meeting any person duly authorized by a creditor, and proving their
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 bave the debt of such creditor allowed and included in such listas 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.
Commissioner may require further proof of debt ;
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 In case of fail. ure to elect as be made by the creditors at the said first meeting, the Judge or Commissioner
shall appoint one or more assignees, and if any assignee so chosen or appointed Commissioner may appoint shall not, within six days after notice thereof, signify his acceptance in writing, them.
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.
Assignees ac- XXX. And be it enacted, that as soon as such acceptance shall be signified to cepting, to be the Ledroom Commissio appointed by
the Judge or Commissioner as aforesaid, he shall, by an instrument under his hand an instrument. 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 reEffect of copies of such instru
ceived in all Courts in this Province, as primâ facie evidence that the same was inent.
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.
Powers of the
XXXI. And be it enacted, that the said instrument, so signed and sealed as assignees under such in- aforesaid, shall vest, and be construed to vest in the assignees named therein, all strument,
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 may then be attached on mesne process as the property of the said bankrupt, and any such attachment shall, by such instrument, be superseded and dissolved ; and the said instrument shall vest, and be construed to vest in the assignees na- rupt vested in
them. ined therein, all debts due to the bankrupt, or to any person in trust for him or to his use, all liens and securities therefor, and all the bankrupt's rights of action Rede
Redeeming in for any goods or estate, real or personal, and all his rights of redeeming any such cumbrances. goods or estate, and shall give power to the assignees named therein to redeem all mortgages, hypothecs, conditional contracts, pledges and liens of or upon any goods or estate of the bankrupt, or to sell the same subject to such mortgage or other
Bankrupt to incumbrance; and the bankrupt shall likewise, at the expense of the estate, make perform all neand execute all such deeds and writings, and endorse all such bills, notes and cessary acts. other negotiable papers, and draw checks and orders for monies deposited, and do all such other lawful acts and things as the assignees shall at any time reasonably require, and which may be necessary for enabling the assignees to demand, recover and receive all his estate and effects, whether in or out of this Province, and the assignees shall have the like remedy to recover all the said estate, debts and effects, in their own names, as the bankrupt might have had if no commission had issued
Suits pending, against him; and if at the date of such commission any suit or action shall be to which the
bankrupt is a pending in the name of the bankrupt, for the recovery of any debt or other thing, which might or ought to pass to the assignee or assignees, such assignee or assignees, if they desire it, shall be admitted to intervene and become a party to, and to substitute their names for that of the bankrupt, and thenceforth in their own names to prosecute, in like manner and to the like effect, as if the same had been originally commenced by them as such assignees; and in case of the death or re- Death of the
bankrupt. moval of any assignee, the surviving or remaining assignee, or the new assignee, as the case may be, shall, upon his application to be admitted to prosecute such suit or action, and to the like effect, as if the same had been originally commenced by him; and if the bankrupt shall die after the date of the said commission, all proceedings shall notwithstanding be continued and concluded in the like manner, and with the same validity and effect as if he had lived; and in that case the allowance to the bankrupt on the net produce of his estate, if any, shall be paid to his executors or administrators, and shall be disposed of and distributed in the same manner as any other property of which he may die possessed.
XXXII. And be it enacted, that the assignees shall fortlıwith give public notice Duties of the of their election or appointment, in such manner as the Judge or Commissioner shall direct; and shall demand and receive from the Sheriff, and from all other persons, all the estate and property of whatever description in his or their possession, respectively, which shall have been vested or have been intended to be vested in them according to this Act; and they shall collect all the debts and Collecting