Applications to sell, &c., infants' estates. Official guardian to be notified. Petition, how intituled. Petition presented in PROPERTY OF INFANTS. 789. All applications for the sale, mortgage, lease or other disposition of an infant's estate shall be made in Chambers; and no reference in any such matter is to be directed to any Local Master except by leave of a Judge. O.R., 992. 790. The official guardian shall be duly notified of all 'applications under the last preceding Rule. O.R., 993. 791. A petition for the sale or other disposition of the real estate of an infant is to be intituled in the matter of the infant. O.R., 994. 792. The petition is to be presented in the name of the name of infant, infant, by his guardian, or by a person applying by the same petition to be appointed guardian as hereinafter provided. O.R., 995. Statements in petition. Petition may pray for appointment of guardian. Infant to be produced upon 793. The petition is to state the nature and amount of the personal property to which the infant is entitled, the necessity of resorting to the real estate, and the nature, value and the annual profits thereof; it must also state circumstances sufficient to justify the sale or other disposition of the estate, and the application of the proceeds in the manner proposed. The prayer must state specifically the relief that is desired; it must designate the lands to be disposed of, and must propose a scheme for that purpose and for the appropriation of the proceeds. If an allowance for maintenance is desired, it must be so prayed, and a case must be stated to justify such an order and to regulate the amount. O.R., 996. 794. The petition may pray for the appointment of a guardian, as well as for the disposal of the infant's estate. In that case, a proper case must be made by the petition, and established by the evidence, for the appointment of the person proposed. O.R., 997. 795. Upon all petitions for the sale of an infant's estate, the all petitions for infant is to be produced before a Judge in Chambers or before sale of his estate. a Master. O.R., 998. Examination of infant if over 14 years. Infants under 14 need not be examined. 796. When the infant is above the age of fourteen years, he is to be examined apart by the Judge or Master, upon the matter of the petition, as to his consent thereto; and his examination is to be stated to have been taken under this Rule, and is to be annexed to and filed with the petition. O.R., 999. 797. It shall not be necessary to examine any infant under fourteen years of age in support of a petition affecting such infant's estate, unless required by a Judge; but, unless otherwise ordered, it shall be sufficient for the officer before whom such infant shall be produced to certify that he has been produced and that he is under the age of fourteen years. O.R., 1000. pro 798. The witnesses to verify the petition are also to be duced before the Judge or Master, and are to be examined vira voce as to the matter of the petition; and the depositions so taken are to be stated to have been taken under this Rule. O.R., 1001. Witnesses in support of petition. examine infan 799. The Referee in Chambers may examine infants and Referee may witnesses under the preceding Rule, without special order or and witnesses reference. O.R., 1002. without order. granted or 800. Upon a petition so verified, the Court or Judge may Relief may be either grant the relief prayed at once, or make such order as further evidence to further evidence, or otherwise, as the circumstances of the required. case require. O.R., 1003. veyances. 801. No conveyance of the lands of infants is to be settled, Settling con until evidence is produced to the officer settling the same of the purchase money having been paid into Court, or of the payment thereof into Court having been dispensed with; nor in cases where there is to be a mortgage for part of the purchase money, until evidence is given to the said officer of such mortgage having been registered and deposited with the Accountant. O.R., 1004. JUDGMENTS AGAINST LANDS. judgment against 802. A party entitled to enforce a judgment or order for Enforcing the payment of money may register a certificate or certifi- lands. cates thereof in a Registry Office or Land Titles office as provided by "The Judgments Act," and such registration shall have the effect provided by that Act. ment debtor and cause why not be set aside. 803. Where a judgment creditor or a person entitled to Motion for judg money under a judgment or order, who has registered a certi- grantee to show ficate of such judgment or order, alleges that the debtor or fraudulent conperson who is to pay has made a conveyance or other disposi- veyance should tion of any of his lands in the Registration District or Land Titles District in which such certificate is registered, which conveyance or other disposition is void, as being made to delay, hinder or defraud creditors or a creditor, it shall not be necessary to institute an action for the purpose of setting aside such conveyance or other disposition, but a motion may be made to the Court or a Judge in Chambers by the judgment creditor or person entitled to such money, calling upon the Motion for judg ment debtor to his interest in land should not be sold. judgment debtor or person who is to pay, and the person to whom the conveyance or other disposition has been made or who has acquired any interest thereunder, to show cause why the lands embraced therein, or a competent part thereof, should not be sold to realize the amount to be payable under the judgment or order. O.R., 1007. 804. Where any judgment creditor in an action, or a person show cause why entitled to money under a judgment or order, has registered a certificate of such judgment or order and alleges that the debtor or person to pay is entitled to or has an interest in any land which under the former practice could have been sold under a registered judgment or order or other legal process, or could have been rendered available in a suit for equitable execution by sale for satisfaction of a debt, the Court or a Judge in Chambers may, upon the a plication of the creditor or person entitled to such money, call upon the debtor or person who is to pay, and upon any trustee or other person having the legal estate in the land in question, to show cause why any land in the Registration District or Land Titles District in which such certificate is registered, or the interest therein of the debtor or the person who is to pay, or a competent part of the said land, should not be sold to realize the amount payable under the judgment or order. O.R., 1008. Proceedings upon such motions. Order for sale. Certificate of lis pendens may be registered. 805. Upon any application under either of the two last preceding Rules, such proceedings shall be had, either in a summary way, or by the trial of an issue, or by inquiry before an officer of the Court, or by an action, or otherwise, as the Court or Judge may deem necessary or convenient for the purpose of ascertaining the truth of the matters in question, and whether the lands, or the debtors or other persons interested therein, are liable for the satisfaction of the judgment or erder. O.R., 1009. 806. Where in a summary way, or upon the trial of an issue, or as the result of any inquiries under the three last preceding Rules, or otherwise, any land or the interest of any debtor or other person therein is found liable to be sold, an order shall be made by the Court or Judge, declaring what land or what interest therein is liable to be sold, and directing sale thereof by the Master according to the usual practice. O.R., 1011. 807. Any notice of motion for an order under Rules 803 or 8C4 may contain a description of the land in question, and upon filing the same with the proper officer, signed by the solicitor of the applicant, a certificate of lis pendens may be issued for registration, and in case the said motion is refused in whole or in part a certificate for registration of the order may be issued. O.R., 1012. DIVISION XI. EXTRAORDINARY REMEDIES. BAILABLE PROCEEDINGS. abolished. 808. No person shall be arrested or held to bail for debt or Arrest for debt for the non-payment of money upon, under or by virtue of any writ, rule, order or process issued out of the Court of Queen's Bench. ATTACHMENT. 809. In the following Rules from 810 to 852 inclusive. Interpretation. "Creditor." (a) The expressions, "Debtor" and Creditor" mean and “Debtor." include persons respectively against and in favor of whom there are causes of action, and include corporations both foreign and domestic; and the debt, demand, damages or claim Amount of debt, shall not be less than one hundred dollars. &c., not less than $100. creditor.' (b) The expression "Judgment Creditor" means any per- "Judgment son, whether plaintiff or defendant, or other party, who has recovered judgment against another, and also any person entitled to enforce a judgment, and includes a corporation, foreign or domestic. The expression "Judgment Debtor ""Judgment means any person, whether plaintiff or defendant or other party, against whom a judgmi, nt has been recovered, and includes a corporation, foreign or domestic. R.S.M., c. 8, s 2. debtor. 810. No writ of attachment shall hereafter issue, but an order Order for attachfor attachment may be obtained in an action commenced by statement of claim. ment to take place of writ of attachment. attached. 81. Any benefit, estate or interest, in possession or other- What may be wise, in or to any real estate or hereditaments, or in or to any personal property, effects or credits, situate or being in Manitoba, of a debtor or a person against whom there is a cause of action, and not exempt from seizure under execution or from liability to answer a judgment upon such cause of action, may be attached for the payment of a debt or the satisfaction When attachof a cause of action arising from legal liability in the following cases:— ment may issue. ing to defrand (a) Whenever such debtor or other person, being an inhabi- Peltor departtant of this Province, shall depart therefrom with intent to creditor. defeat or defraud his creditors or those who have causes of action against him, or to avoid being arrested or served with Non-resident ebtor liable to process, or shall keep himself concealed therein with the like intent; or (b) Whenever such debtor or other person, not being a resiresident creditor. dent of this Province, shall be indebted to a creditor, or legally liable to a person as aforesaid, residing within this Province, either in respect of a contract express or implied made in this Province, or in respect of any cause of action arising therein, or in the case of a contract or other obligation, if made elsewhere, to be performed or partly performed or completed in this Province, or liable to be compensated for in damages, or in respect of a cause of action which arose and for which he is liable to satisfy another person in this Province; or Debtor having intending to to defraud creditors. (c) Whenever any such debtor or person as aforesaid, being transferred or a resident or non-resident of this Province, is about to remove transfer property or transfer any of his property, effects, or credits from this Province, or has assigned, transferred, disposed of or secreted, or is about to assign, transfer, dispose of or secrete any of his real estate or hereditaments, or any interest in real estate therein, or any of his personal property, effects or credits, with intent to delay, defeat or defraud his creditors, or those who have causes of action against him. R.S.M., c. 8, s. 4. Order made by Judge in Chambers upon affidavit. Statement in all cases in affidavit. In case of absconding or 812. An order for attachment may be made by a Judge in Chambers upon affidavit or affidavits of the creditor or other person who has a cause of action, his attorney, servant or agent, or other persons, as provided in the next following Rule. RS.M., c. 8, s. 5. 813. The affidavit or affidavits of the creditor or other person who has a cause of action, his attorney, servant or agent, or other person, shall state in all cases that a statement of claim has been issued in the action, the cause of action and the sum claimed, and that the debtor or other person is justly and truly indebted to the creditor, or is legally liable to him in damages, in that sum, after making all proper and just set-offs, allowances and discounts; and in addition (a) In the case of an absconding or concealed debtor or oncealed debtor. person liable in damages, that the creditor or other person as aforesaid, his attorney, servant or agent, or other person, hath or have good reason to believe, and doth or do verily believe, that the debtor or other person liable as aforesaid hath departed from Manitoba, or keeps himself concealed within Manitoba to avoid being arrested or served with process, to delay defeat or defraud his creditors; or In case of non resident debtor. (b) In the case of a debtor or other person liable as aforesaid, not being a resident of this Province. that the debtor or other person liable as aforesaid is not a resident of Manitoba |