Insolvency Act 1870 (SA)

ANKO TRICESUN0 TERTIO

No. 3.

An, Act to f u~ ther ammd the Insolvent Act, 1860.

[Assented to, 16th June, i870.1

W HEREAS it is cxpcdient to further amcnd "The Insolvent p ~ n m b l e.

Act, 1860"-Be it thercforc Enacted by the Governor of the

Province of South Australia, with the advice ancl consent of thc Legislative Council and House of Assembly of thc said l'rovince, in this present Parliament asscrnbled, as follows :-

l. This Act mny be cited as the '' Insolv~nt &'urthlcr Amendment short title of act.

Act, 1870," and shall cornmencc a r d h k e effect from and aftcr the

passing hereof.

2. E\eellt so far as the sane is inconsistent with, or altzrcd by Incorporation of M

this Act, K The Iilsolvcnt Act, 1860," and " The Insolvent Amend- ~ t ~ ~ ~ ~ f ; ~ ~ ~ ~ e ~ ~ t

ment Act, 1867," d d be incorporated and read herewith as forming A C ~, 1860," a n d U T h e

Insolvent Atnendment

onc Act. Act, 1867."

3. This Act shall be divided into three parts. Division of A C ~.

4. Sectiolls 14, 15, 16, 34, 43, 45, and 17'7 of " The Insolvent Repeal of Sections 14, 16, 16, 34, 48, 45, and

Act, 1860," and so much of the said Act as relates to, and so far lTl of No, 16, 1S60.

only as thc same relates to the petition of a debtor other than a debtor in actual custody for debt jn any gaol for adjudication of in- solvency against himself, and the proceedings on and after such petition, are hereby repealed.

Pnar I.

PART	I.-As	to the appellate jurisdiction of the Supreme Court.	Appenla to
Xuprenze Court.

5. If any insolvent, trustee, creditor, debtor, or any person Appeal t o Supreme

C claiming court from determina.

33" VICTORIB, No. 3.

I?~solve?zt Further Amendment Act, 1870.

I.

claiming to bc n creditor, or any person who shall have appeared

lion Court Or

mi~sioner.	and submitted to the jurisdiction of thc Court of Insolvency, or who slrall be affected by any order, determination, or direction of the said Court or tlie Commissioner, s l d l be clissatisficd with any ordcr, determination, or direction of the Court or the Com- missioner, in respect of a matter of fact or of law, or of the admission or rejection of any evidence, the person so dissatisfied
Aped to be entered	may a p p d from the same to the sdid Supreme Court: Provided

within days. twenty-one that, if no such appeal shall bc cntercd withi11 twenty-ono days front the date of any ordcr, determination, or direction of the C'ourt or the Cornmissioner, and be thereafter duly prosecuted, every such

Costs of appeal.	order, determination, or ciirection shall be final; and every appeal shall be subjcct to such regulation, in regard to security for costs, as shall, by any general rule or order, to be made in pursuance of " 'l'hc Insolvent Act, 1860," be directed, ancl until such rnle or order be made, subject to the direction of the said Sul)rcrne C'ourt in each particular case.
Appeals to be in

accordance with the 6. All appeals from any order, determination, or ciirection of the

Tulcs in force for time Court or Commissioner shall be brought on, and cortductcd in con- being.

formity to such kenem1 rules as shall for that purpose &m time to time be made by the Judges of the Supreme Court, or any two of' them, and until such general rules bc made in conformity with the direction of the Supreme Court in each particular case.

Power of Supreme 7. Tlle said Supreme Court, on the hearing of any such appeal, shall

Court to resc~nd, vary,

reverse, or confirm

ordcr of Court of h-	have power, to rescind, vary, reversc, or confirm any order, cleter-
solvency or of Corn-	mination, or direction made by tlie Court of Insnl\~cncy, or by thc
missioner,

quire Court of lneol- may re- Commissioner, as tlw said Sq2rcrnc Court shall tliinlr just, a i d shall

s e n q to rehear	have powcr to give such decision in the matter appealcc1 from, as ought,
whole matter.	in the opinion of the Supreme Court, to have been gi\-en by the C'o~wt ofInso1vcnr:y or the Coniinissioner (as the case nmy bc), and the said
in the meantime, refer any ~rlattcr to the C~on~missioncr for (zmendnlellt, Supreme C'ourt may acljourn any appcal for fin?%er consickration, and, or require the Corn~uissioner to report 011 any matter, in rclspcct of which the said Sl~premc Court niay require further info~mation, or whcre the said Suprcmc Court shall 11c of opinion that i t cannot do completc justice, it may recluirc the Court of Insolvency to rehear the whole matter; and tlie said Suyrtme Court shall haw
Power to order costs.	power to ordcr the costs of any appeal to bc paid by either party, or part tliercof by one party and part by another party, OX' of directing that the whole, or some part thereof, shall be paid out of the estate of the insolvent, in the matter of whose insolvency the appeal has bccn brought.

PART 11. PART XI.-AS to arrangements between debtors and their creditors

Arrangements by

deed.	by deed.
Deed under Division

VI. of the Insolvent 8, A deed for the benefit of creditors, made and executed, or p~rport ing to be made and executed, by a debtor, and to take cffect

A C ~, 1860, an act of

days, unless assented in8olvcnv afterten under llivision VI. of "The Insolvcnt Act, 1860," shall, at any

time

330 VICTORIB, No. 3. 11

I~lsoluent Further Ame?zd~~ie l~t Act, 1870.

time after the expiration of ten days from the execution of such deed _ --P- p 11. ~ ~ ~

by the debtor, if wch r l c d has not, in the meantime, becn assented to by rrquisitr m&-

to by the rcquisitc majority of the creditors of such debtor, bc j''rlt~tt' mdiLors.

deemed to be an act of insolvency, and to have been corr1lnittc.d by

such debtor at the time of his esecnting such deed,

9. Notwithstanding any thing in " The I~isolvcnt Act, 1860'' ~ ~ ~ ~ ~ $ ~ ~ ~ $ ?; ~

contained, a deed for the bcllcfit of creditors made and executed, or ke executer1 under 1)ivisiou V1 and in

purportinp to be made and esecntcd, by n debtor, and to take cffcct ,,,,,, provided by

under Division VI. of the said Act, shall, after the expiration of ten Section 176 of &&The

davs from Ilie execution thereof, be rid1 and void, unless such deed Insolvent A C ~, 1860:

d

sllall be expressed to be made " in pursuance of 1)ivision VI. of tlie Insolvent Act, 1860;" ancl unless and until srlch dccd shall have becn cxccutcrl by the Y'mstcc or 'l'rustecs tlmeia namcd within tlic time, and attested in thc nmilner providcd by Section 173 of c c The Illsolvent Act, 1860," and shall hive bccrl assented to by the requisite majority of creditors, ancl unless such assents shall have been obtained within ten days from the execution thereof by the dchtor, and unless at the foot or cnd of thc sched1~1c.s rcquircd by the 1'74th Scction of

L The Illsolvent Act, 1860" there shall bc a declaration by the

debtor verifying the contents of such schedules, which decimation shall be in the form or to the effcct contailled in the Scheclule A to this Act anncxed.

10. Any debtor, having executed such deed as before ulentioncd, & ~ ~ ~; ;; ~; ~ r c s t,

who shall during the pcriod of tcn days from the execution thereof be arrested at the suit of any creditor by virtue of any process against the perbon of such debtor shall, 011 production of a pro- tcction order as providcd for by the said Insolvent .Act, I F G O, be freed from such arrest.

Notwithstanding any thing in the Insolvent Act, 18130, or this Act contained, it shall. not be l awfd for thc trustce or trustees

P ~ w e t s mid appoint-

ment of trustees.

11.

thcreof to realize, make sale, or O ~ ~ I C ~ T T - ~ S C dispose of any portion

of the debtor's property, except property of a pxishnblc nature, assigned by such cleccl, within the said period of ten days from the debtor's execution thereof, but such deed shall within silch period haw, and slmll be deemed to hare the eff'ect only of protecting the debtor's person (except as aforesaid) and the estate so assigned for thc said period of ten days, for the benefit of the creditors of such debtor, and if the requisite majority of creditors as hcrcinbcfore pro- vided shall have exccuted or assented to such deed, within thc period aloresaid, the same, or a like majority in number and value of the creditors of such debtor sllall have power at any time thereafter to substitute and appoint any other trustee or trustees in the place of the trustce or trustees appointed by such deed in the first in- stance, which substitution and appointment may be in form or to the effect contained in Schedule C to this Act, and such substitution and appointment shall, without any other conveyance or assignment, vest in the trustee or trustees therein named all and singular the pro- perty, of whatever kind or wheresoever situatc, of thc debtor having

executed

3s0 VICTORIB, No. 3.

Ifisolvent Further Amendment Act, 1870. . -

executed such deed in like manner as is provided by clause 179 of

the Insolvent Act, 1860, and the trustee or trustees so substituted and appointed as aforesaid shall be liable, in all respects, to the pro- visions of this Act, and of the bbInsolvent Act, 1860," Lin the same manner as if such last-mentioned trustee or trustees had been appointed by the original deed.

Sales under execution '

to be by auctioc.	12. Whenever an execution issued out of any Court is executed upon the goods and chattels of a debtor, such goods and chattels shall, in case of a sale thereof, be sold by pdblic auction, and not by bill of sale or private contract, and, unless such goods shall be of a perishable nature, at least five days' public notice of such sals shall be given.
Sheriff or bailiff re-
ceiving notice of deed	13. If, dwing thc period of ten days after the debtor's cxecutioli been assentcc1 to by the rcquisitc majority of creditors, the goods and chattels of such debtor shall be seized or sold by virtue of any sc- questration, execution, or other process, at the suit of any creditor, the sheriff or bailiff charged with the execution of such process shall, aftcr notice of such dced, retain the net proceeds of' such cxecution in his hands, or shall pay the same into the Court out of which such process shall have issued, and the creditor at whose suit such process shall have issued shall not be entitled to the proceeds thereof, or any
to retain proceeds of	of such deed as before-mentioned, and before such deed shall have
execution, or pay
aarne into Court.

And if a,,,a execuba part thereof; until the expiration of the said period of ten days, when,

proceeds to go to by requisite majority, if such deed has then been assented to by the requisite irlajority of such

creditors, the procccds shall bc paid to the 'l'rustces of such dced as

Trus:ccs or be re-

application. covercdonsummaly part of the gerlcral estate of the debtor, or may be recovered by

such Trustees on summary application to thc Court in which the same has been paid, &l-on proof of the requisites in that behalf.

Trustccs to file copy 14. The Trustees of any such deed as before mentioned, having cxccutcd the same shall, lyithin fonrtecn days from thc cxecution of

of deed, schedules,

withinfourteent'3ys. such deed by the debtor, file with the Registrar of the Court of

Insolvency, a trnc copy of such deed, with the schedules and decla- rations thereto, ancl all assents and declarations relating thereto, which shall be open to public inspoction.

Assenting creditors to 15. No creditor shall bc reckoned in the computation of the requi-

sign deed or w e n t

site majority of assenting creditors, unless his assent to such deed

*hcreto wr&g,

and declare as to

amount of his debt,

shall be evidenced bp his signature thereto, or by an assent $hereto

&C.

in writing uncier his hand, and unless sucli signature or assent be accompanied by a declaration made by such creditor, verifying the amount of his hebt, the nature of the securities or liens, if anv held for the same, and the estimated value of such securities or lie&, and the amount of any cross account or set off due from the creditor to the dcbtor, which declaration shall bc in such one of the forms con- tained in Schedulc B, to this Act annexed, as shall be applicable to

Provision as to part- the case, or to the like effect: Provided that any one partner of a.

tion. neramaking declars- firm of creditors may sign or assent to such deed on behalf of the

firm,

PART 11.

firm, and may make the dcclartttion by this section required to be

vcrifqing the several matters hcrcinb~fore ~wpi red to be veri-

fied; and any agent, duly authorizecl in that bchalf, may s i p or assent to such deed on beldf of a creditor, and m a y make the decla- ration, by this clause required to bc made, verifying the several mat- ta.5 hercinbefore revircrl to be \.crified; and such partner or agent

&all, in such declaration, state that he is such partner or agent duly

authorized, as the case may bc, and such statcmcnt shall be made in such of .the forms contained in tl-rc said Schcdule R as shall be appli- cable to the case, or to thc liltc effect.

16. In the construction of this Act, and for all purposes connrctrd ~ ~ ~ ~ ~ t ~ ~ ~ ~ $

therewith, the requisite mqority of creditors of any debtor shall be fourths.

held and deenlud to bc three-fourths in vsluc, and one half in nuin-

bcr, of such crcditors: Proridccl that evcry creditor in rcspect hereof

shall be accounted a creditor for value in respect of such amount only

as up011 a11 account fairly stated, after allowing the value of securities

or liens held by the crcditor, and the amount of any debt or set off

owing from such crcditor to tho debtor shall appear to be thc balance Creditora under $10

due to such creditor: Provided also, that no crcditor whose debt to be reckoned in

shall not amount to Five Pounds shall be reckoned in number, but number, but in value	only,
such dcbt shall be computed in value only.

17. Any person stating himself in writing to be a creditor of thc ~ ~ ~ ~ ~ e ~ f t ~ I ~ l t ~

debtor executing such dced, as before mentioned, shall be entitled timea

personally, or by his attorney or agent, at all reasonable times on

application to the Trustees of such dced, or onc of them, thcir attorney,

or agent, or at the place where such decd may bc lying for inspection

and csccution, to inspect such deed and the schedules thereof, and

the assents of crcditors, and all declarations by, and accounts furnished

by creditors, and any boolrs, accounts, papers, or documents relating

to the estate and effects of thc debtor which may be in the custody,

control, possession, or power of the Trustees, and may make copies of

or take extracts therefrom, respectively.

18. Any creditor, whether he shall have assented tc such deed as Debtor suspected of

aforesaid or not, may upon making affidavit that he suspects a debtor h is estate, or Trustee not fully disclosing

having executed such deed as before mentioned has not fully disclosed improperly dealing with estate may bo

the execution of such deed, made a fraudulent preference to any missioner9

creditor, or that such debtor or any Trustee of such deed has con-

cealccl, or is making away with, or improperly, or fraudulently deal-

ing with the estate or effects of the debtor, or any part thereof, cause

the debtor or Trustee, at any time after the execution of the deed by

such debtor or Trustee, as the case may bc, to appear and bc exa-

mined in the Insolvent Court before the Commissioner of Insolvency:

his estate and effects, or had, within two calendar months prior to brought before Corn- abridge any jurisdiction or authority belonging to the Court of Insol-

vency independently hereof.

19. Every declaration by this Act authorized, directed, or required ~~~~~~~~~~p~;cti.

to be made, shall be in writing, signed by the person making the tionor of the supreme

D same

33" VICTORIB, No. 3.

Insol,veni Further Amendment Act, 1870.

same, and may be taken and made by or before a practitioncr of the

Court, a Justice of the

Peace, or Clerk of	Supreme Court, Justice of the Peace, or Clerk of the 1,ooal Court,
Local Court.	who, and each of whom, are hereby required and authorized to take the same and attest such declaration when made, and in and by such attestation it shall bc stated whcthcr the person taking thc same is a practitioner of the Supreme Court, Justice of the Peace, or Clerk
Declarations to h e	of the Local Court, as the case may be, and every such declaration so
prima facte evidence.	made and taken shall in all Courts, and on all occasions, be deemed
prima %fncie evidencc of the truth of the matters thereill declared to.
F a h declaration
punishment same as
a misdemeanor,	20. Any person who shall in any declaratim authorized, directed, or required by this Act, wilfully and corruptly state and declarc my- thing which shall be false, s l d l be guilty of a misdemeanor, and being convicted thereof shall be liable in all respects to the penalties and punishments by law provided for wilful and corrupt perjury.
in perjury.
Debtor conccaliiing or
embezzling any of	21. If any debtor, having executed such deed as before mentioned or who shall thereafter execute such deed, shall remove, conceal, or embezzle any part of his estate or effects to the value of Ten Pounds or upwards, or any books of account, papers, or writings relating thereto, with intent to defraud his creditors under such deed, every such debtor shall be decmcd guilty of a misdemeanor, and be liable to imprisonment, with or without hard labor, for any term not ex- ceeding three years.
his estate, &c,
Trustee concealing or
embezzling estate,	22. If any Trustee, under any such deed as before-mentioned, having exccutcd such deed, shall remove, conceal, or embezzle any part of the estate of the debtor coming to his hands, possession, or control as such Trustee, or by virtue of such deed, or any books of account, papers, or writings relating thereto, with intent to defraud the creditors of such debtor, every such Trustee slmll be decmcd guilty of a misdemeanor, and be liable to imprisonment, with or without hard labor, for any term not exceeding three years,
&c.

In criminal pro-

coedings, production 23. In any criminal proceeding instituted by or under this Act,

of decd, &C., con cl:^

si7.c evidence, not-	thc production or proof of a dccd purporting or expressed to be made
withstanding any	in pursuttnce of Division VI. of " The Insolvent Act, 1860 ;" and
alleged defect.	proof that the same was executed by the debtor shall be primcl fucie cvidcnce of such deed and the contcnts thereof for all purposes of snc:h criminal proceeding, notwithstanding any alleged dcfcct in such deed or non-conlpliazlce with the provisions of tlis ,4ct or of Thc Insolvcnt Act, 1860," and any information, summons, indictment, conviction, warrant, or other process shall be dccmed to contain a sufficient description of the alleged offence, if such offence bc therein described in the words of this Act, with such additions or variations
as the circurnstanccs of the case may require,
Forms in Schedule
may be al te ied, &c.	24. The form given in the Schedules to this Act annexed, may be altered or adapted to meet the circumstances of any particular case, and any directions in such Schcdule contnincd, shall be incorporated with, ana form portion of this Act, as if expressly enacted herein.

PART III.

- " ----p

h s o l ~ c n t _Zl;il.thcr Amrndwm t Act, 1870.

PART m*--As to proceedings to obtain Adjuclication of Insolvency: Proceedia'lzgs to

25. The amount of the debt of any crcditor petitioning for ad- judication of iilsol~ency obtaiu A+dicn-

s l d l bc as f6llollows, that is to s~ the single t ion o f Insolvency.

debt of such crcditor, or of two or more persons being purtnors so	Petitioning creditor's debt, single crcditor
petitioning, s l d l amount to Twenty Pounds,. and the debt of two	(or two beicg part-
crcilitors so petitioning shall amount to T h r t y Pounds, and the	ners), g20; two cre-
ditors, 230 ; three or
debt of three or more pcl-sons so petitioning shall amount to Fifty	morc, $50.
Foundp, and every person who has given credit upon valuable con-

sideration for any sum payable at a c~r ta in tirnc, which time shall
not have arrived when the debtor coininittccl an act of insolvency,	Creditors holding
seclirity or not
may so pctition, or join in petitioning, wlwtllrr hc sllull have held	may join in petition-
any security in wi t ing for sarh sum or not.	ing.
Not to affect procecd-

26. ~ o t l h g in this Act contained s l d l extend to or a f k t m y ings pending.

appeal from the Court of Insolvency now pending or any proceedings instituted or pending in the Court of Insolvency, or any deed exe- cutcd by any debtor, prior to the coming in forcc of this Act.

Act may be amended

27. This Act may be altered, amendcd, or repealed by any Act passed in thc prcscnt Session of P 1' during present

ar lament. Somion.

In the namc and on behalf of the Queen I hereby assent to

this Act.

JAhiIES FERGUSSON, Governor.

SCHEDULES

SCHEDULES EEE'ERRED TO.

[Norr~.--The figlres in brackets in thc cliffcrcnt fwmv rclcr to I11c ilircctionr at fou: there02

rcspcctively .]

Declaration b y Debtor acrl;ftji~tg Scltcdulcs.

" Insolvent Further Ameodnient Act, 1870."

SOUTH AUSTRALIA, In the matter of the deed hereto annexed, made in pursuance

To wi t. 1 of Ilivision vr. of The Insolvent Act, 1860," whereby

[ l 3 conveys and assigns his estatc and tffccts to L21 as

Trustee, for the l-enefit of his crcrlitors, which deed is dated the PI day

9f re7 ,

1, C 1 l of P1 hereby declare as follows, that is to say :-

l, The foregoing schedule C51 contains a true and particul,~r accour~t

of all the property (escept cer4ain articles of houeeholcl furniture, wearing apparel, a n d like necessaries of rny~elf a i ~ d my family, ar are hereunder specified, and as I claim to retain) of which 1 am possessed, or of which any person or persons in trust for me is or are possessed, or to which I, or any such person or persons on my behalf, am, is, or are entitled legally or equitably in possession, reversion, or expectancy, so far as I arn able to set forth the same, and in all respects to thc best of my knowledge, or means of knowledge, infolmation, or belicf.

2, The foregoing schedule C51 contains the names of my scvcral

creditors, and the amounts respectively due to such creditors, to the best of my

knowlec?ge, or means of knowledge, information, or belief.

3. The excepted articles mentioned and referred to in the first paragraph of this declaration, and which I claim to rctain, are set forth hereundcr as follows: [6]

4. Such excepted articles, as mentioned in the last paragraph hereof, do not exceed i n value the sum of Thirty Pounds.

Cl01

Declared at L71 this P1 day of 187 ,

before mc, the u~dexsigned, a t91 of the said Province. W

Directions 50 be observed it& the use of the forejoing Form.

The blanks are to be filled up as f o l l v w ~ :-

l. Name of debtor.	'7. Place where declaration tnkcn.
2. Names of Trustees.	8. Datc when declaration taken.
3, Date of deed.	9. l'ractitioncr o f thc Supromc Court, Justice of

4. Residence and occupation of debtor. the Peace, or Clerk of Local Court, as the

6. Distingnishing mark, or o!her ref~.rcccc, to case may be.

identify schedule referred to. 10. Signature of debtor declaring.

6. List of alticles retained. 11. Signature of person taking declaration.

Declaration by Creditor signing or assenting to Deed, without Security. B

" Insolvent Further Amendment Act, 1870."

SOUTH AUSTXALIA, I n the matter of t h ~ deed made in pursuance of Division vr. of

To wit. ) " The Insolvent Act, 1800," whereby P1 o f

C23 conveys and assigns his estate and effects to a s

Trustees for the benefit of his creditors, which deed is dated the day

of 187.

I

33" VICTORIAE, No. 3.

Insolvent Ful-ther Amendment Act, 1870.

1, L51 of P I hereby declare as follows, that is to s a j :-

l. I am a cscditor uron the estate of the above-named debtor, [l1 and

claim to assent to t h e above-mentioned deed.

3. The said debtor is justly axd truly indebted to m e in the sum of [7]

being fur CS]

3. I hold no security of any kind whatever for all or any part of the debt so owing to mc from the said debtor as aforesaid, nor h a w I any lien therefor, nor am I indebted to the mid debtor, or to his estate, in any amount whatever.

c91 -- -

Deciared Y t Cl01 this [l1] day of 187

before me, the undersigned, a Ll21 of the said Province,

C131

~ ) f c h ~ a l i s ? a 7,?/ Creclz'tor sig?ling or assenliny to Deed with security or 8et-a$

I n ~ o l w n t Further Amendment Act, 1870."

~ V U T I I AUSTRALIA, I n the matter cf the deed made in pursuance c!f Di~ision TT. f i r Id+--.

2:) ~ i !. ] of " The Insolvent Act, 1860," wheieby r1] of

conveys and assigns his estate and effects to as

Tlustccs for the benefit of his creditors, nhich deed is dated thc	PI	c31
c41 day

of 1870.

1, P1 of [ G ] hereby declare as follows, tha t is to say :-

I. I an1 a creditcr upon the estate of the above-named debtor P1 and

claim to assent to the above-mentioned deed.

2. The said debtor is justly and truly indebter! to me in the sum of [l41

being for 181

3. 'She only sccu~ities or liens of any kind or description hold by me for a l l or m y

portion of the amount clue to me from the said debtor, and the natures of such sccul;ties or litns so held by me, aecl the value thereof respectively, a lc a s fblloms,

that to say cl5]

4. 1 am not indebted to the estate of the said debtor in any sum of mcincy what.

z i r r othcr than t t e sum of cl61 being for [W

5. I am cntitled to account, as a crcditor, fur value on the estate of the said

dcbtar in respect of the sum of g P 1 being zucll amount as vpon an	account fairly stated, and allowing the d u e of the securities and liens so held by
n-c as aforesaid, and all sunls of money owing by me to the cslate of t t e baid debtor,
is the balance due to me in respect thereof.

Dcclared a t c l ('1 this [l1] day of 187 , before

n.e :he undersigned a L121 . of the said Province.

--+ C131

BirerLhns to Ee ol i s~rwd it' the use of the forcyoi/rg Fo~nzs.

In the case of the cXrclnrant heing a partner, the f o ~ m must be altercd accordingly,

acd the declarant must declare that h e is such p a r t ~ c r,	and the ful l names and residences
~f other mcrnhcrs of the film.

In the czse of tElc declarant being an agent, the form must bc altered accordingly,

and the dcclarant must insert a t the com~llencement	of his declaration the following
additional paragraph thereof :-

l. I am an agent for [insert fmnze, residence, and clescrip~io~z of creditor] a creditor

upon the estate of thc hbi~ycnanled debtor, and am duly authorizcd by the said

c ieclitor to execute tho above-mentioned deed.

F

l l l e t h k s in the above forms arc to bc filled up a3 follows:

1. h'nrac of debtor. I 12. Practitioner of the Supreme Court, Justice

2. IL~siricnre and occupation of debtcr. of thc: Peacc, or Clcrk of I hc Lvcal Court,

3. Kmcs nf txustces. as the case may be.

4. Date ( f deed.	13. Signature of pcrscn taking declaration.
6. Same ~f declarant.	14. Gloss amount due to creditor without UUOW-

b. L tidcnce and occupation of declarant. ing for securities or contra account.

7. h n u n t due to wl~cro no security or 15. Particulars of securities and liens, and other

c( ntra account. particulars ns mentioned in declaration.

Partif d a r s in respect of which a l ~ o u n t ia due 16. Amount of contra account due.

10 c~tditor. 17. Particulars cf contr a accuunl.

S1prttvre of declarant. 18. Balance in respect of which creditor clainls

P h e whcrc declardtlon taken. against the estatc.

l'. Date whcu dwlara~ion taken.

C.

l3

Insolvent Pur thm Amendment Act, 1870.

This indenture made the day of , 187 , between the scveral per-

sons and bodies corporate, whose names and seals are subscribed and set at the foot hereof, being severally creditors in their own right, or i n copartnership, or being agents or attorneys of creditors of the within-named (hereinafter called the said parties hereto of the first part), of the one part, and of ?

of the other part: Whereas the said parties hereto of the first part are desirous of

appointing to be trustee or trustees of in the place of

under indenture of assignment, bearing date the day of: Now this indenture mitnesseth, that in exercise of the power for this purpose bp the "Insolrent Amend. ment Act, 1870" given to the said parties hereto of the first part, and of every other power in anywise enabling them in that behalf, they, the said parties hereto of the first part, do hereby substitute and appoint the said to be a trustee (or trustees,

as the cast! may be), in the place of the said , for the purposes of the said

recited indenture. In witness, &c.

Signed, scaled, &c.

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ACelnide: Printed by authority, by W. C. Cox, Go~trnmeut Printer, North-torrwe.