Service of appointment Conduct of examination Compelling attendance and production of books Calling upon persons having information as to assignor's evidence and produce documents, etc. such examination of the assignor that such assignor has conccaled or made away with any part of his property in order to defeat or defraud his creditors or any of them, any judge may on summary proceedings before him order the assignor to be committed to gaol for any term not exceeding twelve months. 55. Any person liable to be examined under the fiftysecond section of this Act may be served with an appointment signed by the examiner mentioned in the fifty-second section of this Act or a copy thereof, and where the examination is to take place under an order, also with a copy of the order; such service to be made at least forty-eight hours before the time appointed for the examination, and the person to be examined is to be paid the same fees as a witness. 56. The examination under the fifty-second section of this Act shall be conducted in the same manner as in the case of an oral examination of an opposite party in a suit or action. 57. Any person liable to be examined under the fifty-second section hereof may be compelled to attend and testify and to produce books and documents in the same manner and subject to the same rules of examination and the same consequences of neglecting to attend or refusing to disclose the matters in respect of which he may be examined as in the case of a witness in an action in the court. 58. In case any person has or is believed or suspected to have in his possession or power any of the assignor's propaffairs to give erty, or any book, document or paper of any kind relating in whole or in part to the assignor, his dealings or property, such person may upon resolution passed by a majority vote of the creditors present or represented at a regularly called meeting of the creditors of the assignor (exclusive of such person if he is a creditor) or upon the written request or resolution of the majority of the inspectors of the estate be required by the assignee to produce such books, documents or papers for the information of such assignee or to deliver over to him any such property of the debtor. Examination of (a) In case such person fails to produce the said book, document or other paper, or to deliver over such property within four days of his being served with a copy of the said resolution and a request of the assignee in that behalf, or in case the assignee or the majority of the inspectors is not satisfied that full production or delivery has been made, the assignee may without an order examine the said person before any of the officers mentioned in the fifty-second section of this Act, touching any such property or document or other paper which he is supposed to have received. attendance (b) Any such person may be compelled to attend and Enforcing testify and to produce upon his examination any and production book, document or other paper which under this section he is liable to produce in the same manner and subject to the same rules of examination and the same consequences of neglecting to attend or refusing to disclose the matters in respect of which he may be examined as in the case of a witness in an action in the court. REMUNERATION OF ASSIGNEE AND INSPECTORS. of assignee 59. The assignee shall receive such remuneration as shall Remuneration be voted to him by the creditors at any meeting called for the purpose after the first dividend sheet has been prepared, or by the inspectors in case of the creditors failing to provide therefor subject to the review of a judge if complained of by the assignee or any of the creditors. remuneration dividend 60. In case the remuneration of the assignee has not been where fixed under the last preceding section before the final divi- not fixed before dend, the assignee may insert in the final dividend sheet and the final retain as his remuneration a sum not exceeding five per cent. of the cash receipts, subject to review by a judge, as hereinbefore provided; but no application by the assignee to review the said allowance shall be entertained unless previous to the preparation of the final dividend sheet the question of his remuneration has been brought before a meeting of creditors competent to decide the same. of inspectors 61. The assignee may pay or allow to each inspector Remuneration appointed under this Act a reasonable charge or sum for the due performance of his duties as such inspector, but no such payment or allowance to an inspector in any estate shall exceed the sum of twenty-five dollars. GENERAL. 62. Any affidavit authorized or required under this Act Affidavits may be sworn before any person authorized to administer oaths. 63. In this Act unless the context otherwise indicates: 1. The expression "Court" means the Supreme Court of Alberta in all cases except those in which the property assigned is of the value of $400 or less, in which case. Court" means the District Court of the district in which the assignment is made; 2. The expression "judge" means a judge of such court or of such District Court respectively. Act not to apply to assignments prior to Act Nor to actions commenced Repeal 64. This Act shall not apply to any assignment executed before this Act comes into force or to any proceedings thereunder; nor shall the repeal mentioned in the following section affect any act done or any right or right of action existing, accruing or accrued or any action or proceeding commenced in a civil cause before such repeal takes effect, but such rights may be enforced and such action or proceeding continued as though this Act had not been passed. 65. Chapter 42 of The Consolidated Ordinances 1898 and chapter 11 of the Ordinances of 1900 are hereby repealed. 1907 CHAPTER 7. An Act respecting Insane Persons. (Assented to March 15, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Insanity Act." Short title and warrant 2. When an information which may be in the form A in Information the schedule to this Act is laid before a justice of the peace that any person is or is suspected and believed by the person laying such information to be insane and dangerous to be at large, such justice may issue his warrant in form B in the schedule to this Act to apprehend such person and cause him to be brought before him or some other justice of the peace. 3. Upon the person charged as aforesaid being brought be- Evidence fore such justice the said justice shall proceed to hear such evidence under oath as may be adduced with reference: (a) To the alleged insanity of the person so brought be- As to insanity fore him, including the evidence of a duly qualified medical practitioner; (b) To the danger to be apprehended from his being at large; (c) To his residence for at least six months previous to Previous the inquiry; (d) To his calling or profession; (e) To his means of support; (f) To his friends and relatives; (g) To the fact of his being married or single; residence Calling Means of support Friends and relatives Married or single (h) To such other facts as may be deemed necessary to Other facts of such justice as hereinafter required to be made. of inquiry (2) Such justice may from time to time adjourn the in- Adjournment quiry and upon such adjournment the person charged as aforesaid may by warrant in form C in the schedule to this Act be remanded to gaol or other safe custody until proper inquiry is made as herein directed; but in no case shall such adjournment be made for more than three days. Committal If not so satisfied shall discharge Inquiry as to property, etc. Power to summon witnesses Attorney General may order removal to asylum 4. If upon hearing the evidence adduced the justice is satisfied that the person so brought before him is insane and dangerous to be at large such justice shall commit him by warrant in form D in the schedule to this Act to the nearest gaol (or if in the opinion of the said justice of the peace such person should not be committed to the common gaol then to the custody of any relative or friend of such person or to other safe custody) there to await the order of the Attorney General for removal to an asylum in this or some other province of Canada, or until discharged by law; and shall forthwith make a report of the case in form E in the schedule hereto, and shall transmit such report accompanied by the information, copy of warrant of commitment and evidence taken to the Attorney General, who shall have power if he sees fit to order further inquiries to be made. 5. In case it shall appear to such justice upon such inquiry that such person is not insane or is not dangerous to be at large, then such justice shall forthwith discharge such person from custody and report the proceedings in the manner hereinbefore provided to the Attorney General. 6. If the justice is satisfied that the person so apprehended as aforesaid is insane and dangerous to be at large, it shall also be the duty of such justice to make inquiry whether such person is possessed of any and what property and where the same is situated, and also as to the number of persons if any who are dependent for support upon such person, and to elicit as far as such justice may be able information as to all other matters mentioned in form E in the schedule to this Act so that it may be ascertained whether such person should be sustained as an insane pauper or not. 7. The justice acting under the provisions of this Act shall have the like authority for compelling the attendance of witnesses as such justice would have under any law in force respecting summary convictions, and he or they shall be entitled to such fees as may be fixed by the Lieutenant Governor in Council. 8. The Attorney General may by his warrant in form F in the schedule to this Act at any time order and direct the removal to an asylum of any person committed to gaol or other safe custody under section 4 hereof, and such order shall be sufficient authority for such removal and admission of such person to an asylum. (2) The Attorney General may at any time order the release of a person so confined in an asylum either on trial, temporarily or permanently. |