fault to

g. Or if he wilfully neglects or refuses to appear, on any Making derule or order requiring his appearance, to be examined as to his debts under any Statute or law in that behalf;

appear.

h. Or if he wilfully refuses or neglects to obey or comply Disobeying with any such rule or order made for payment. of his debts rule. or of any part of them;

i. Or if he wilfully neglects or refuses to obey or comply Or decree, &c. with an order or decree of the Court of Chancery or of any of the judges thereof, for payment of money;

signment

j. Or if he has made any general conveyance or assign- Making asment of his property for tae benefit of his creditors, other- otherwise wise than in the manner prescribed by this Act; or if, being than under unable to meet his liabilities in full, he makes any sale or this Act, &c. conveyance of the whole or the main part of his stock in trade or of his assets, without the consent of his creditors, or without satisfying their claims;

execution to

k. Or if he permits any execution issued against him Allowing under which any of his chattels, land or property are seized, be unsatislevied upon or taken in execution, to remain unsatisfied fied. till within four days of the time fixed by the sheriff or officer for the sale thereof, or for fifteen days after such seizure, subject however, to the privileged claim of the seizing creditor for the costs of such execution, and also to Proviso as his claim for the costs of the judgment under which such execution has issued, which shall constitute a lien upon the effects seized, or shall not do so, according to the law as it existed previous to the passing of this Act, in the Province in which the execution shall issue.

to costs.

demand an

4. If a debtor ceases to meet his liabilities generally as they When become due, any one or more of his creditors for unsecured Creditors may claims of not less than one one hundred dollars each, assignment and amounting in the aggregate to five hundred dollars, may make a demand upon him either personally or Form. at his chief place of business or at his domicile upon some grown up person of his family or in his employ, Affidavit (Form A.) requiring him to make an assignment of his required. estate and effects for the benefit of his creditors. But the said demand shall not be made until the creditor or creditors making the same shall have filed with the clerk or prothonotary of the court, in which the proceedings in liquidation (if any) will be carried on, his or their affidavit verifying his or their debt or debts, and that he or they is not or are not acting in collusion with the debtor, or to procure him any undue advantage against his creditors:

The creditor or creditors making such demand of assign- Election of ment shall in such demand elect and appoint a domicile or domicile by 71 domiciles,

creditors.

Judge may

if claims do

be only temporary.

domiciles, respectively, within the district or county in which such affidavit is filed, at which service of any answer, notice or proceeding may be served on him or them; and the said clerk or prothonotary shall keep the original and give a certified copy to the creditor or creditors; and such copy shall be annexed to the notice served on the debtor.

5. If the debtor, on whom such demand is made, contends annul demand that the same was not made in conformity with this Act, or not amount to that the claims of such creditor or creditors do not amount $500, &c. to one hundred dollars each or to five hundred dollars in the aggregate, or that they were procured in whole or in part for the purpose of enabling such creditor or creditors to take proceedings under this Act, or that the stoppage of Or if stoppage payment by such debtor was only temporary, and that it was not caused by any fraud or fraudulent intent, or by the insufficiency of the assets of such debtor to meet his liabilities, he may, after notice to such creditor or creditors, (but only within five days from such demand,) present a petition to the judge praying that no further proceedings under this Act may be taken upon such demand, and, after hearing the parties and such evidence as may be adduced before him, the judge may grant or reject the prayer of his Proviso: as petition, with or without costs against either party; but if it appears to the judge that such demand has been made without reasonable grounds, and merely as a means of enforcing payment under color of proceeding under this Act, he may condemn the creditor or creditors making it, to pay treble costs.

to costs.

for contesta

ment.

Judge may 6. If at the time of such demand the debtor was absent enlarge time from the Province wherein such service was made, application or assign- tion may be made after due notice to the creditor or creditors, within the said period of five days to the judge on his behalf, for an enlargement of the time for either contesting such demand or for making an assignment; and thereupon, if such debtor has not returned to such Province, the judge may make an order enlarging such period and fixing the delay within which such contestation or assignment shall be made; but such enlargement of time may refused by the judge if it be made to appear to his satisfaction that the same would be prejudicial to the interest of the creditors.

Proviso.

When debtor's

estate to become subject to liquidation.

be

7. If such petition be rejected, or if, while such petition is pending, the debtor, without the leave of the judge or otherwise than on the terms prescribed by him, continues his trade, or proceeds with the realization of his assets, or if no such petition be presented within the aforesaid time, and the debtor, during the same time, neglects to make an assignment of his estate and effects for the benefit of his

creditors,

creditors, as hereinafter provided, his estate shall become subject to liquidation under this Act.

S. No such proceedings as aforesaid shall be, taken Time for under this Act to place the estate of an Insolvent in commencing proceedings liquidation, unless the same are taken within three limited." months next after the act or omission relied upon as subjecting such estate thereto; nor after a writ of attachment in liquidation has been issued while it remains. in force; nor after an assignment has been made under this Act.

WRITS OF ATTACHMENT, &C.

9. Any creditor, upon his affidavit, or that of his clerk, or Affidavits by other duly authorized agent, that a trader is indebted to him parties demanding in a sum provable in insolvency of not less than two hun- Writ. dred dollars, over and above the value of any security which he holds for the same, and provided the affidavit or affidavits filed disclose such facts and circumstances as will satisfy the Judge or Prothonotary of the Superior or County Court, in the county, province, or district, as the case may be, in which such trader has his chief or one of his principal places of business, that such trader is insolvent, and that his estate has become subject to liquidation under the provisions of this Act, and that he does not act in the premises in collusion with such trader nor to procure him any undue advantage against his creditors, (Form B) shall be entitled to a writ of attachment Writ of (Form C) against the estate and effects of such trader, addressed to the Official Assignee of the county or district in which such writ shall issue, requiring such Official Assignee to seize and attach the estate and effects of such trader, and to summon him to appear before the court or a judge thereof on a day therein mentioned, to answer the premises. Concurrent writs of attachment may be Concurrent issued when required, addressed to the Official Assignee of other counties or districts in any part of the Dominion other than the county or district in which the same shall be issued. Such writs shall be subject as nearly as can be to the rules of procedure of the court in ordinary suits, as Forms of to their issue and return, and as to all proceedings subse- proceeding. quent thereto before any court or judge.

Attachment.

Writs.

Writ, how

10. The service of a writ of attachment issued against Service of a debtor under this Act, may be made upon him as pro- made. vided for the service of an ordinary writ of summons in the Province where the service is to be made; and if such debtor remains without such Province, or conceals himself within such Province, or has no domicile in any Province of the Dominion, or absconds from his domicile, in every such case service shall be made by such notice or adver

tisement

And of
Concurrent

Writs.

Time for Re

Notice of

tisement as the judge, or in the Province of Quebec the judge or prothonotary, may order:

Concurrent writs of attachment issued against a debtor may be executed without being previously served upon him, except in cases where such debtor has his domicile or a place of business in the county or district in which the same is to be executed, when the writ may be served at such domicile or place of business.

11. Writs of attachment shall be made returnable forthturn of Writ with after the execution thereof: and immediately upon the receipt of a writ of attachment issued under this Act, the Official Assignee shall give notice of the issuing thereof by advertisement (Form D).

issue.

Duty of Assignee executing Writ.

Assignee may break open house, &c.

Assignment,
when and
to whom
it may be
made, &c.

12. The Official Assignee, by himself or by such deputy (which word shall in this Act Act include deputies,) as he may appoint, shall, under such writ of attachment, seize and attach all the estate, property and effects of the Insolvent, within the limits of the county or district for which he is appointed, including his books of accounts, moneys, securities for moneys, and all his office or business papers, documents, and vouchers of every kind and description; and shall return with the writ a report under oath stating in general terms his proceedings on such writ.

13. If the Official Assignee or his deputy, is unable to obtain access to the interior of the house, shop, store, warehouse or cther premises of the Insolvent named in the writ, by reason of the same being locked, barred or fastened, such Official Assignee or deputy is hereby authorized forcibly to open the same in the presence of at least one witness, and to attach the property found therein.

ASSIGNMENTS AND PROCEEDINGS THEREON.

14. A debtor on whom a demand is made by a creditor or creditors who has or have filed the affidavit required, or against whom a writ of attachment has issued, as provided by this Act, may make an assignment of his estate to the Official Assignee appointed for the county or district wherein he has his domicile, or wherein he has his chief place of business, if he does not reside in the county or district wherein he carries on his business; and in case there is no Official Assignee in the county or district where he resides or wherein he carries on his business, then to the Official Assignee for the nearest adjoining county or district; but such assignment or writ of attachment may be set aside or annulled by the court or judge for want of, or for a substantial insufficiency in the affidavit required by section four or by section nine, on summary petition of any creditor

to

to the amount of not less than one hundred dollars beyond the amount of any security which he holds-of which petition notice shall have been given to the debtor and to the creditor who made the demand of assignment or who issued the writ of attachment, within eight days from the publication of the notice thereof in the Official Gazette.

15. The assignment mentioned in the next preceding Form of section may be in the form E; and in the Province of Que- assignment. bec the deed of assignment may be received by a notary in the authentic form.

Insolvent

and first Writ

16. Whenever an Insolvent shall have made an assign- Property and ment, and in case no assignment shall have been made, but a powers of writ or concurrent writs of attachment shall have issued as vested in provided for by this Act,such assignment or such writ or writs Official Assignee to of attachment, as the case may be, shall vest in the Official whom assignAssignee of the county or district wherein the same shall ment is made have issued, all right, power, title and interest which the issued. Insolvent has in and to any real or personal property, including his books of account, all vouchers, letters, accounts, titles to property and other papers and documents relating to his business and estate, all moneys and negotiable papers, stocks, bonds and other securities, and generally all assets of any kind or description whatsoever which he may be possessed of or entitled to up to the time of his obtaining a discharge from his liabilities, under the same charges and obligations as he was liable to with regard to the same; and the Assignee shall hold the same in trust for the benefit of the Insolvent and his creditors and subject to the orders of the court or Conservatory judge; and he may upon such order and before any meet- proceedings. ing of the creditors, institute any conservatory process or any proceeding that may be necessary for the protection of the estate; he may also, upon such order, sell and dispose of any part of the estate and effects of the Insolvent which may be of a perishable nature: such assignment or writ or Certain writs of attachment shall not however, vest in the Assignee excepted from such real and personal property as are exempt from seizure seizure. and sale under execution, by virtue of the several Statutes in that case made and provided in the several Provinces of the Dominion respectively, nor the property which the Insolvent may hold as trustee for others.

property

ment of his

17. The Insolvent shall, within ten days of the date of Insolvent to' the assignment, or from the date of the service of the writ furnish stateof attachment, or (if the same be contested,) within ten days liabilities, from the date of the judgment rejecting the petition to have assets, &c. it quashed, furnish the Assignee with a correct statement (Form F) of all his liabilities direct or indirect, contingent or otherwise, indicating the nature and amount thereof, together with the names, additions and residences of his creditors and the securities held by them, in so far as may be

known