The Provincial Statutes of Canada

40. As to Goods in Transitu, und in similar circumstances, s 39.

41. Judge or Commissioner to appoint second Meeting of Creditors, the proceedings thereat, 8 4.0.

42. Creditors may compound with Bankrupt, and
Commission may be superseded after 2d General
Meeting, s 41.

43. Judge or Commissioner may appoint or remove
Clerk to the Commissioners; Clerk's duty, his
papers to be evidence, prima fucie, 8 42.
41. Judge or Commissioner to preside at and may
adjourn Meetings, s 43.

45. Proceedings of adjourned Meeting to be of the
same effect as the original Meeting, s 43.
46. Proceedings in the case of a Commission issued
against partners, s 44.

47. Proceedings in the case of premature suits com-
menced by the Assignees, s 45.

48. Wages of Servants, Clerks, &c., to the exteut
of twelve months' Wages to be paid out of the
Estate; the excess to be proved as a debt, s 46.
49. Wages of Workmen to be paid out of the Es-
tate, to the extent of one month's Wages; any
sum in addition to be proved as a debt, s 47.
50. Distress for Rent not available for more than
twelve months' rent, due prior to date of Com-
mission, any additional claim to be proved as a
debt, s 48.

51. Proceedings in searching for concealed Property
of Bankrupts, s 49.

52. In cases of Partnership, Commissioners may
authorize Assignees to join with their own the
names of other partners of Bankrupt in suits
against Debtors of the firm, s 50.

53. Release executed by Partners of Bankrupts to
Defendants in such suits to be void, s 50.
54. Partners to be indemnified, in such cases,
against costs, &c., s 50.

55. When Bankrupts shall appear hefore Commis-
sioners; neglecting to appear, concealing Property
or Books, or withholding information, to be deem-
ed a felony; how punishable, s 51.

56. Commissioner, may extend time for Bankrupt's appearance, s 52.

57. Proceedings when Bankrupt is in Prison, or sick,
or has left the Province, s 53.

58. Punishment of Bankrupt for fraudulently alter-
ing Books, Writings, Securities, &c., s 54.
59. And for fraudulently obtaining credit within three
months of Bankruptcy, s 55.

60. And for false swearing or affirmation, s 56.
61. Judges and Commissioners to assist each other

in each case with equal powers, subject to the permission of the one that issued the Commission, s 57.

62. Proceedings when Partners are Bankrupts residing in different Districts, s 58.

63. Conditions of obtaining a Certificate of Dis-
charge, and the effect of it, s 59.

64. Causes for withholding Certificate of Discharge,
and what shall render it void, if granted, s 60.
65. Proceedings at the Meeting for allowing Certifi
cate, Creditors' opposition, necessity of confirma.
tion by Court of Review, and further conditions
of the Certificate's efficiency, s 61.
66. Contracts to Creditor of Bankrupt for his for-
bearance, void, s 62.

67. Parties in such Contracts or Collusions liable to
penalty of treble amount paid or secured, s 63.
68. Effect of Certificate, on Bankrupt being sued or
taken in execution for debt proveable under his
Commission, 8 64.

69. Bankrupt not bound by Verbal Contract to pay Debts from which his Certificate discharges him, but bound by Written Contract, 8 65.

70. When Assignees shall call a Meeting of Creditors for declaration of Dividend, and proceedings at Meeting; Priority of Crown, and privileged Debts, 8 66.

71. Time of ordering second and final Dividend
which is not to disturb former Dividends, s 67.
72. Courts of Review constituted; their powers;
their decisions final, s 68.

73. Before whom Affidavits may be sworn, and
manner of taking evidence, s 69 & 70.
74. Allowance of Coste and how recovered, 8 71.
75. All proceedings in Commissions to be transmit-
ted to the Court of Review, and filed of Record,
s 72.

76. Ordinance L. C. 2 V. (3) c. 36, repealed from
commencement of this Act, but not invalidating
proceedings previous to this Act, s 73.

77. Former Certificates of discharge under said Ordinance to be valid throughout the Province, 8 74.

78. In cases not otherwise provided for, the Laws of Upper and Lower Canada to be resorted to, when these fail the Laws of England to be resorted to, but in cases concerning Upper Canada only, s 75. 79. Allowance to Bankrupts in proportion to amount of Dividend, s 76.

80. Partners becoming Bankrupts entitled to allowances in proportion to the amount of Dividend of their separate Estate, & 77.

81. Bankrupt'e allowance for his attendance on

business of the Commission, and for the maintenance of his Family, s 78.

82. Every Trader to register his Contract of Marriage; proceedings thereon as affecting Bankrupt's Certificate, s 79.

83. Compensation to Assignees, s 80.

84. Fees and allowances to be paid to Judges, Commissioners, Officers, and Witnesses, s 81, 82, 83. 85. Forfeitures under this Act, how recovered and applied, s 84.

86. Interpretation Clause, s 85.

87. Act to continue in force for two years, and thence to end of next Session of Parliament, s 86. 89. Schedule A. No. 1, Affidavit for Summoning a Trader Debtor, vide s 3.

89. Schedule A. No. 2, Particulars of demand and notice requiring payment, vide s 3.

90. No. 3, Summons of Trader, vide s 3.

91. Schedule B. No. 1, Admission of Debt by Trader Debtor, vide s 4.

92. No. 2, Deposition by Trader Debtor of belief of good answer to Creditors' demand, or some part

thereof, vide s 4.

93. Schedule C. No. 1, Admission of Debt by Trader Debtor, signed out of Court, vide s 10. 94. Schedule D. Declaration of Insolvency by Trader, vide s 15.

95. Schedule E. Notice of Bankruptcy to be inserted in the Gazette, vide s 24.

96. Schedule F. Oath of Bankrupt, vide s 40. 97. Schedule G. Certificate for the discharge of Bankrupt, vide s. 59.

Bishop's College.

1. To Incorporate "Bishop's College," in the Diocese of Quebec, 7 Vict. c. 49. 9th Dec. 1843. 2. Bishop's College Incorporated; who compose it; 3. Application of its revenues, s 3. its powers, 8 1 & 2. 4. Public Act, s 4.

5. Rights of the Crown saved, 8 5.

Bizarre, See Isle Bizarre.

Board of Examiners, See Timber, &c., 6, 42.

Board of Trade, See Timber, &c. 5, 42. Bond, See Agricultural Produce, 8.

Books Religious, See Schools, (2) 51. Bytown, See Ordnance, 9 to 12, & 43.

Caldwell, the late Hon. Sir John.

1. For securing the Province against any unnecessary loss on the judicial sale of certain parts of the vacant estate of the late Honorable Sir John Caldwell, 7 Vict. c. 26. 16th Nov., 1843. Recital of judgment against the Estate hereinbe

Bankruptcy, See Trust and Loan Com-2.
pany, 56, and Kingston Mineral Wells
Company, 51.

Banking, See Kingston Marine Railway
Company, 6.

fore mentioned, s 1.

Of the said Estate, the Seigniory of Lauzon to
be sold, after twelve months notice, s 1.

4. Notice of sale to be published in the English and
French languages twelve times during the afore-
said twelve months as herein directed, s 2.
5. Antoine Archange Parent to be representative of
the Estate, and the sale to take place and be valid
though his decease should take place, s. 3
6. Governor may appoint a Commissioner to pur-
chase the said Estate in Her Majesty's name. s 4.
7. Commissioner being the highest bidder at such
sale, the Sheriff shall adjudge the said property to
be purchased in the name of Her Majesty, for the
public uses of the Province, s 5.

8. If any other person be the highest bidder at such
sale, he shall then pay to the Sheriff one thousand
pounds currency, which shall be forfeited if the
sale is not consuinmated by such bidder, s 6.

9. Proceedings to be adopted in the case of a second 3. Provincial Secretary to furnish the Commissionsale, s 7.

10. On the adjudication of the said property to Her Majesty, the Court shall determine the several claims upon it, and order payment accordingly, 88. 11. Sheriff to be allowed in lieu of Commission, twenty-five pounds currency, exclusive of his disbursements, if the purchase be made for Her Majesty, and one hundred pounds if purchased by any other person, s 9.

12. Nothing in this Act to extend to any other Property than the Fief and Seigniory aforesaid, s 10. 13. Public monies had under this Act to be accounted for to Her Majesty, and the accounts thereof laid before the Legislative Assembly, within fifteen days after the opening of the then next Session thereof, s 11.

14. Interpretation Clause, s 12.

Canada Inland Forwarding Company.

1. To authorize the Chairman of the Committee of the Canada Inland Forwarding and Insurance Company to sue for and recover debts due to the Company, 7 Vict. c. 59. 9th Dec. 1843. 2. The Hon. Adam Ferrie authorized to sue and be sued on behalf of the said Company, s 1. 3. Public Act, s 2.

Canals, See Ordnance, 22.

Cataraqui Bridge Company.

1. To amend the Charter of the Cataraqui Bridge Company, 7 Viet. c. 60. Dec. 9th, 1843.

2. Toll keeper to open the Drawbridge, penalty for neglect, s 1.

3. Advertising notices of meetings. s 2.

4. Authority for prosecuting offenders against the provisions of Act U. C. 8 G. 4, c. 12. s 3.

Censitaires, See Ordnance, 42. Census, See Schools, (1), 4. and Schools (2) 5.

Census.

1. For taking the Census of the Inhabitants of Lower Canada, and for obtaining certain Statistical information therein mentioned, 7 Vict. c. 24. 9th Dec., 1843.

2. Governor to appoint one or more Commissioners for the execution of this Act, s.1.

ers with copies of this Act, and of the Schedule A. thereto annexed, s 2.

4. Before the 1st day of May 1814, the Commissioners shall make or cause to be made an exact Census of the population in Lower Canada, and fill up Returns with the requisite information agreeably to form of Schedule A. s 2.

5. Such returns to be certified on oath, s 2. 6. Commissioners may appoint any competent person to assist in each place for which the Census is taken, s 3.

7. It shall be lawful for such assistants to visit every house for the purpose of filling up the returns, and require the necessary information of all persons, those only in actual service in the Army or Navy excepted, s 3.

8. Persons refusing to give the information required, or wilfully giving false information, being above the age of twenty-one years, to be liable to a fine of two pounds ten shillings currency for every such offence, s 4. 9. Fine recoverable by Distress; one half thereof to be paid to Her Majesty and the other to the person suing for the same, s 4.

10. Every Assistant shall make the required return in the form of Schedule A., within fifty days after the date of his appointment, s 5.

11. The Provincial Secretary shall transmit copies of all returns to certain official persons in each County as directed herein, s 6.

12. Such copies to be kept by the persons to whom they are sent, and be accessible for the use of all persons concerned, s 6.

13. The Commissioner shall transmit returns in triplicate to the Governor on or before the first day of June 1844, s 7.

14. One copy of each return to be laid before each branch of the Legislature within fifteen days after the opening of the then next Session, s 7. 15. Amount and mode of payment to Commissioners and Assistants, s 8.

16. Persons appointed to make returns, neglecting

or making a false return, liable upon conviction to a Penalty not exceeding twenty-five pounds currency and to imprisonment not exceeding three Calendar months, s 9.

17. Commissioners shall publish notice in the French and English languages, fifteen days before proceeding to take the Census, agreeably to directions herein given, s 10.

18. Monies appropriated by this Act to be accounted for to Her Majesty, &c., and accounts thereof

to be laid before the Provincial Legislature within | Commissioners, See Census 2 & Seq. fifteen days of the then next Session, s 11. 19. Interpretation Clause, s 12.

Schedule A.

Schedules B. & C.

Certificate, See Bankrupt, 63 et Seq.

Certiorari, Writ of, See Police 5.

Charter Royal, See Gaspé Fishery Company, 22.

Chatham, Gore.

1. To detach the Township of Chatham Gore otherwise called the Gore of Chatham, from the County of Terrebonne, and to annex it to the County of the Two Mountains, 7 Vict. c. 28. 9th Dec., 1843. 2. Enactment in conformance with title, s 1.

Claims adverse.

1. To enable Courts of Law in Upper Canada to give relief against adverse claims, made upon persons having no interest in such claims, 7 Vict. c. 30. 9th Dec., 1843.

2. A defendant being sued who has no interest in the suit, Judge may order a third party really interested to contest the same, s 1.

3. Judgment of Court, final against all parties, s 2. 4. Third party, if contumacious, for ever barred from prosecuting claim against original defendant, s 3.

5. Orders by a single Judge out of Court may be set aside, s 4.

6. Judge applied to may refer the matter to the

Court, s 5.

7. Court may give relief to Sheriffs and others seizing goods of Defendant under process of Court to which third parties lay claim, s6.

8. Rules, &c. under this Act, to be entered of record, and have the effect of a judgment; proceeding respecting judgments, costs, &c. s 7.

Clerks City, See Schools, (2) 27.

of the Peace, &c., See Ottawa District, 3. Commissariat, See Agricultural Produce, 10.

Caldwell 6.

Property of former Association vested in the Corporation who are liable for all claims upon it, s 2. By-Laws of former Association to bind the Corporation, until altered, s 3.

5. Members not liable personally for claims on the Corporation, s 4.

7. Public Act, s 6.
Rights of the Crown &c., saved, s 5.

Contracts Void, See Bankrupt, 66, 67.

Conviction, See Public Meeting 17.

Cornwall, Township of,

1. For better defining and establishing the Eastern Boundary Line of the third Concession of the Township of Cornwall in the Eastern District, 7 Vict. c. 42.

2. The said Boundary Line defined in Act, s 1. Coroners, See Sheriffs 1 & Seq. Anatomy 10.

Corporation of Montreal, See Montreal Water Works.

Council City, &c., See Schools, (2) 45.

Court of Review, See Bankrupt, 72.

Dames Religieuses.

1. To Incorporate "Les Dames Religieuses du Sacré Cœur de Jésus," of the Parish of St. Jacques de L'Achigan, in the District of Montreal, for the purposes of Education, 7 Vict. c. 54. 9th Dec. 1843.

2. Certain Ladies Incorporated, their title, powers, and by-laws, s 1.

3. Application of Revenues, s 2.

4. Property of the former Association vested in the Corporation, and its by-laws adopted, s3.

5. Corporation may appoint Attornies, Officers, &c. 8 4.

6. Members not personally liable for debts of the Corporation, s 5.

7. Rights of the Crown &c., saved, s 6. 8. Public Act, s 7.

Deals, See Timber, &c. 1.

Debt, See Imprisonment,

Deer and other Game.

1. To prohibit the hunting and killing of Deer and other Game, at certain seasons of the year, 7 Vict.

c. 12.

2. Act 2 V. c. 12. U. C. repealed, s 1. 3. Killing or taking any Deer, Moose, Elk or Fawn, between 1st February and 1st August, or having in possession such, or Wild Turkeys, Prairic Hens, Grouse, &c., between 1st February and 1st September; or Woodcock, between 1st February and 15th July; or setting Trap for Wild Turkey at any time, finable by Justice of Peace, on conviction, from 10s. to £10, s 2 & 3.

4. Proceedings against accused by Summons, 8 4. 5. Form of Conviction, s 5.

6. Conviction, &c., not void for want of form, s 6. 7. Fine leviable by distress, and party may be imprisoned if fine be not satisfied thereby, 8 7. 8. Prosecution to be within three months; Informer

not to be a witness, s 8.

9. Appeal to Quarter Sessions; Formalities obser

vable thereon, s 9.

10. Conviction to be transmitted to Quarter Sessions and kept of record, s 10.

11. Actions for things done in pursuance of this

1. To Incorporate the Education Society of the District of Quebec, 7 Vict. c. 50. 9th Dec. 1843. 2. Certain persons Incorporated; their corporate name, powers, property, and by-laws, 8 1.

3. Officers of Corporation, manner of electing, and proceedings of Meeting, s 2 & 3.

4. Property of former Association vested in Corporation, who are liable for its debts, s 4.

5. Minors not to be Members, s 5.

6. Consent of two-thirds of Members required to alteration of by-laws, s 6.

7. Members of Corporation not personally liable for its debts, 8 7.

8. Rights of the Crown, &c., saved, s 8.
9. Public Act, s 9.

Education, See
Schools.

Dames Religieuses;

Essex, County of, See Fish, 2. Exercises Religious, See Schools, (2) 51.

Farming, See Tolls, 4.

Felony, See Bankrupt, 55, 58.
Female, See Imprisonment, 5.

Fisheries, See Agricultural Produce, 3.

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