Insolvent Debtors Act 1841 (SA)

of lnsolvenry f t s the of this Act and either to a point

persona generally to be Commissioners of Insolvency for this h o

within such districts thereof as may from time to time be thought fit an

from t m c to time to alter and subdivide such districts as occasion

require and to grant to such Co~nmissioners such remuneration eithe

salaries or otherwise as the Lords Comn~issioners of Her Majesty's

may from time to time direct Provided that until such Commissione be appointed it shall be lawful for the said Judge or Chief Justice to fiat to any two or more persons to'be named in such fiat to act as C

sioners in any individual case of insolvency Provided also that in

matter of insolvency shall arise in any place not being within any dis

which Commissioners may have been particular1 appointed or not within,, )

been appointed or in case of the absence or illness of any Commissioner itl	reasonable distance of the place of abode of any E ommissioner who may havei .
shall in like manner be lawful for the said Judge or Chief Justice to issue r '
fiat to two or more fit persons to act as Commissioners in such individual, 1

?~wertote+n~ case Provided also that in any ease of insolvency depending in the midi '

pE:''~f,":g	Court before Comrniasioners shall have been appointed by the Governor under' '
the powers given to him by this Act it shall be lawful for the Court or anI' ' i r
Judge thereof instead of appointing Commissioners to make 8 special order, referring any matter relating to such petition to any fit erson or persons t o l l
report thereon to the Court and aucb person or persons S all for the purposaai 1

, of such reference have the same powers as to the administration of oeths the

% ,, .

I1

comp~lling the attendance of witnesses the production of books and p a p

\ b. . r and otherwise as any Comn~issioners to be appointed under this Act mght

+, 'h k, Ia\vhlly exercise And the said Court is hereby authorised to allow to L

Commissioners or persons to be specially appointed by the Court or Judge ur

$ 2%	\ '%	aforesaid such remuneration for their trouble not exceedina three mineas
ear11 per d n j as the said Court with the approbation of thi Govekor for

. the time king rimy think fit.

All pmcerdiapta' 111. And be it Enacted That all proceedings under this Act whether such

a ~ m m m e b ~ @ t i ~ proceedings are on the part of debtors or creditors shall be commenced by

doa,	' ' petition to the said Judge or Judges ony one of whom may by a fiat under
' hie hand authorise the prosecution of such ptition and the proceedings
thereunder may be had either before the Supreme Court or any Judge thereof or before Commissioners to be appointed in pursuance of this Act Yrovided

, that no more than two Commissioners s h ~ U in any case set together and

y,' '. l

' that only oue Con~missioner shall act in cases where more than one Corn-

*. S .

-	' missioner is not required by this Act unless the Court or Judge rhaU think
fit otherwise specially to direct.

rm ta' , ' XV. Provided also that in all cases in which power is given by this Act to

"	, Commissioners or any one Commissioner to act snch power may both before
and after the appointment of Commiasioaers ns aforesaid in like mdhnrr be

by a kdge.

- exercised by nny Judge or Judges of the Supreme Court as occasion mrj

require and that where the act8 of m y Judge would if done by one Commis-

sioner be subject to be referred to other Commi.ssioner8 such reference ahJt

' be made ta the'Judges generally if more than one.

C n r t d Ltfrw. ' a V. And be it Enacted That the said Supreme Court shall md may be r

Court of Review and the Judge or Judge8 thereof ehall have superintendence

and control in all 'matters of insolvency and ahall have wer jurisdiction

3: . ,,	and authority to hear and determine order and allow all suc PP matters in casa
df imolvency under this Act a8 the Lard Chancellor of England or thr

* I. ',

Judgee'or any of the Judgea of the Court of Review estublished by'virtue d

an Act of Parliament made and pwsed in tbe b t and s e d ycan of Hi

hte Majesty King William the Fourth entitled "Au Aab to ertrblbh x

Caut

rart of Bankmptcy" usuailg do or lawfully may hear and determine o&r	I(
& don in matters of baukruptcy except as may be herein otherwise ex-	ir

p d ~ provided. i r

VI, And be it Enacted That all matters to be heard end determined in Mak oE pmorcde

$e Court may be brought on by way of petition motion or special case in8 **" ,'h. -* ', ->

rnrding to the ruler and regulations to be established as hereinafter pro- 3

l&,j and it shall be lawful for the said Court to direct any issue of fact *

4:

uking therein to be tried by a Jury before the Judge or one of the Judges

hereof for that end to issue process to compel the attendance of jurors

rod Kitnesses and to enforce the orders and decrees of the said Court and nsrallg to exercise all the powers vested for such pur oses in the Supreme 4

rmt of this Province or in any oE Her Majesty'.	e	ourts of Record a t
Ktr tminster.

YiJ, And be it Enacted That all enrolled Practitioners of the Supreme P,,titioacn

Cart may without further admission practise and lead in the Court hereby supreme fiurt

dabliahed and before the corn mission er^ thereof 5 ut that no other person f b ', ~~~~yz~ 2

61111 be allowed so to practise for othen, except in districts or places where ,,,, the ltitre shall not be a number of enrolled practitioners sufficient for that sionerr.

prpose.	I
1
1

VIIL And be it Enacted That the Judge-or Judges of the said Court p, ,, ,, ~ ~, ~ ~ ~ I

ltrll have power from time to time to make general rules and orders for make rule8 for re-	I 1
wlating the practice of the said Court and before the Commissioners the r$i;6ktz
ilorance and taxation of c o ~ t s
Cmmissimers and Assignees and the conduct of the other officers and of minimam.

the sittings and proceedings of the Judges kf, j

ractitioners therein aGd the fees to be taken by t.he officers and ministers

d

9 t e Court Provided that such rules and orders shall be subject to be

Ccallowed by Her Majesty and u on such diaalIowance being signified through

G Governor such rules and or ers shall become void and of no effect: Pro- B

rded also that until such general rules and orders can be made it shall be

krful for the Court to make such rules and orders ae may be deemed ex4

pdient in each particular case.

IX. And be i t Enacted That every Commissioner before he shall be to k taken

q h l e of acting in the execution of any of the powers and authorities given $ CmmWmw*

I)	thia Act shall take an oath to the effect of Schedule A which oath ahall	.
taken before a Judge of the Supreme Court or before some Commissioner	. . I,

~ ~ ~ h o r i s e d by such Judge to administer the same which authority msy be. V h.

mtained in the fiat to such Commissioners and the several Commissioners +. ' S $

h m d in any one fiat may be authorised to administer the said oath to	,	a
@h other Provided that Commissioners appointed to act generally and not m particular case only need not take the said oath more than once And Prided that the oath hereby required to be taken by Commissioners need *t be taken by persona to whom any matter may be specidly referxed to

'W thereon as aforesaid.

X And be it Enacted That in every matter of insolvency prosecuted in the ON ~ m m i u i o. -

Court it shall be lawful for any one Commissioner to perform and

all the powers duties and authorities by this Act express1 or by

g e t m e or implication vested in all the said Commissioners provl ed that d i

bin& Commissioner shall have power to commit any Insolvent or other 4 C > 9

h n examined before him except to the Sheriff or other 'officer for sofe ' ,. . . . S I

to be brought before two other Commissioners or before himself and '% . 1 4

.. # c. $.

@'h

Commbsioner within three days after mob commitment nor

to die-, c

. .

j5vBo either finally or on 8~18t;e~

ivsn my priaonsr whose diwhugs

m d b y a n c r e d i b n o t b s mthepPoofof ~nydrbtwhicbsbllbe g, K '. '

bf t b ,I ~~olrsnt 02 by the r~ ignm or luignee. of the inaalvent'

rrkrte

estate nor to nllaty the certificate hereinafter mentioned of m y Induent

in all auch matters at least two Commissionets shall concyp and to t b t end

the matter in dispt~te shall be adjourned and the other Cornmiasioner or Cob

missionere ahall forthwith hlsve notice to ottend on the day of adjournmeit(,

Impfiron& dfit. XI, An& be it Enacted That from and after the passing of this Act

. - o n gcdtion be lawful f& any person who shall be'in actual custody within thega

pfoqined or within any gaol or prison in thia Province for the im of debtors to be hereafter erected upon any prqcess w h a t s ~ v e tenson of any,debt damages cost sum or sums of mope1 or h r or bp

of any contempt of any Court for nonpayment of my sum of m9 at any time within fourteen days after the passing of this Act if shall be in custody a t the passing thereof or if not then in custodg

fourteen days after the commencement of his imprisonment or af tev

the Court ahall think i t reasonable to permit the same to apply

in a summa way to the Supreme Court for relief under this Act and in

ahal 7 be state4 the time and place of the first arrest of such priso

in the cause or causea wherein he shall, then be detained and the time of hi'

. commitment to the prison *here he hihall then be confined and if such i soner shall not have been in the same custody from the time of such &S arrest then the means and manner by which the change of custody of sad prisoner has taken place and also the name or names of the person or persm

, a t whose suit or prosecution such prisoner shall a t the time of presenting wcs

,. .- +

petition be detained in custody and the amount of the debt or debts sum d

I* ' '

sums of money and of such costs as aforesaid so far as the amount of suck

, costs is ascertained for which he shall be so detaihed and such prisoner

... .	in such petition state whether such risoner has given notice to the free the gaol or prison is which he shag be confined of his intention to pres the said petltion which notice the said prisoner is hereby required to giv
writing to the keeper of such gaol or pnson And such prisoner shall in suck i
petitidn state that he is willing that all his real and personal estate ad, effects shall be vested in the official Assignee for ttu? time being of th: estates and effects of insolvent debtors according to the provisions of thi~ Act and shall pray to be diwharged from custody and also to be clischar@! both as to his person and estate from all debta and demands for ahirk; he shall be then in custod and also from all debts due by him phony
he became iusolvmt and P rom all claims and demands proreable n n d d
the fiat to be issued in pursuance of such petition which shall be subscribed by the said prisoner and shall forthwith

~a~ ireSu.tiy of in the said Court and the resenting such petition b~ b c h prisoner ,hi''

r t i t ion by pd- be deemed au act of inso vency committed ~ J T P him on the first day c

'Oner to his imprisonment for a a ~ ' debt remafning unsatisfied 3 the time of filic,:'

deemed an act d

irrlolvenq,	such- petition and hpon the filin	such 'petition i t @h@ be lewful fir ar '
fudge of the said Court to iscue	fiat author is in^ the @itimar to pr081.
cute his petition.

Petition by decria. XII. And be i t EnactecIThst. if any prisoner who at the time appointed fn 3

iw d i t a r. the commencement of this Act s h ~ l l have been committed to any prison at:

gaol and charged in execution for sny debt damages or costs or sum or SW

of money or committed for any contempt as aforesaid shall not within twenty

one days bext after the time a pointed for tbe comme~cemeot of this A d, I

pay or make lawful satisfaction P or such debts dam~ges costa sum and s u m

Primnet not pay. of money or if any prisoner after the time appointed for the cornn~encernec; &;it;;:fiff of this Act shall be committed to any prison or gaol sncj charged in execut~ot: for any debt or damages or any costs or sum or sums ol mone or committA

,+

bir committal to for by reason of any such contempt sa aforeadd and d all not w i t b h

L- deemed t~mt f -one days next after his bekg DO committed or charged is sxecutia

vs committed m

,dw-. p q a make 1Wu.I artisfaction for rrr& &M bm. I wet, ,urn or mm d

IPonef #W!! pdd049~ &dl el@w ~f mob wsr % dnmed h b v e corn- d t ~ I

.itled an act of itrsolvcnoy, bn the first day of his imprisonment for orany

debt or bther matter retnilinrng unsatisfied at the expiration of sdch twenty- one dlys sod it shall be lawhl Bt any such detaining creditor br creditors or

prson or persons entitled to such money,as aforesaid to apply by petition in

8 summary way to the, said Court for an order bebting the $cal and peiionsl	'
estate and effects of such prisoner in the official assiknee of the sad Conit '

clemr&ng to the provisions of this Act and such petrtionshdI be ~yed by

!he party or parties so applying and ih auch petition. shrll beqstated t B time and lace of chmmitment or charge in enecution of such prisoner at the sait

of t E e party or parties ao applying and the amount of the debt or nun of, money for which such prisoncr shall hovc loon so committed or charged

execution and such petition shall be supported by such eyidace by affidavit or otherwi~e of the truth of the mnttere therein stated W th'e mid Cobrt &all think fit to require and upon thc filing of such petition with the affidavit in sup ort thereof as aforesaid it shall and may be lawful for any Judge of. the

sal l Court to issue R fiat authorising the petitioner to prosecute hie 'petition.

me when rmch

.

16

$with process shall be deemed to have been committed on the fimt diry af&

continued imprisonment of such debtor for debt or on the first d a y of

concealment or absconding of sucb d5btor ss the cam may be.

*On whntcrediton XIV, And be it Enacted That i t shall be I s w l l for any creditor or two ar

petition	more creditors (then in actual partnership) of any debtor zrhoae debt sh9
' h u e againat debt	amount to fifty pounds or upwards or for two aeveral creditors whose debb

at i ~ g e.

$shall amount to seventy-five pounds or upwards or for three several creditan whose debts shall arnount to one hundred pounds or upwards or for any numk

Amouht*	of creditors to the amount of not less than twecty pounds each whose debh
Liaing
&bt	shall amount lo two hundred poonds or upwards to a ply by petition to L
said Court stating the amount of the debt or debts X ue to him or them
such debtor and the considerati~n thereof and shewing that such debtor h
committed an act of insolvenc within the meaning of this Act and the trpd of such petition being verified by afficlavita or afbnation before a Judge r
pome Commissioner authorised to administer oaths in the Supreme Cad

S and upon such petitioning creditor or creditors giving bond to the chief-cler1 or other officer of the Supreme Court in such penalty and with such condition

I S . as is after mentioned i t shall be lawful for any Judge of the said Court tm

I issue fiat authorising the petitioner or petitioners to proceed in the mattcl

.

of such petition provided that this enactment as to the amount of the

etitionlng creditor's debt and the bond to be entered into as aforesaid shall

' ~y	'	.?	h t	apply to any detaining creditor hereinbefore mentioned And be it Enactd
I

. r that such bond shall be taken in a penal sum of double the amount of the debt claimed to be due to tbe petitioning creditor and shall be conditioned for proving his debt as well before the Supreme Court or Commissioners r

,. .

,. upon trial at law in case the same be contested and also for proving thr

- party against whoa the fiat is prayed to havecommitted an rtct of insolrcq

,

t

. . . \ at the timo the iint is sued out and to proceed on such commission and il such debt or dcbts shall not be reel1,y dae or if ofter such fiat sucd out it be

' not provcd that the p r t y hml comm~tted nn act of insolvency at the t i n ~ o d

6

t.hc lstluing of tho fint and it' sltrrll trpI'cnr thnt such fiat was sucd out fmrulu.

#	hntly or mnlicioualy t l ~ c Jntlqe or .lud~ce m y npon rotition of the lwrty
tljinitwt wl io~l~ (ha fiat ie eetd out cxnwlne itrta IIIC aairio o i h r sumrnnr~ly at
Ijy dirc~ctin~ nny inntlar rcl l \ t in~ tlwroto to lm tried hy B jur ns mtts k
thou& t it ~ ~ I I ( I I I ~ V P ' I N ~ ~ I ' ~ and mny ottlrr nntisfirct ion to bo nwt i a to ]rill, M
I
[ham for tho rlruntrgo by him or them ~uatnincd and for tho bct~cr recowry
thcrcof may order mch bond to be rrs~igaed to the party so petitioning who
n~ny sue for thc same in his or their oamc or qnmes.

AdiudicAtiOn and X V. And be it Enacted That upon the issuing of every such fiat the said

.estrteotin~ltont Court or any Judge or the Commissioners named therein as the case may .order for rerting

, 8% h eWd mlg- be shall examine into the matter of such petition and may if they think fit

'4: ' but not otherwise summon or cause to be brought before thctn thc clebtur

: namod therein and any other person whom they may believe cvrpnblc of giving

L

any information concerning the matter of such petition or concerning the dual- ings of or any act of insolvency of such debtor or the debt of thc petitioniq

creditor as the wsa may requlra and mny require an pemn so sunlmonccl to

produce m y books pnpers deeds nnd writings ancl ot E er docunlents in the p-

sassion custody or powcr of such person which rimy appear to the111 ncccasarf to tha duo osnminntion of such nmtters and may cxsmlne any such pcrson upon

-.

mth or affirmation b word of mouth or interrogatories in writing conccr~ting

, *

t*he matters aforesni i and tho Com~nissionera may upon tha exanhntiun of

. the prisoner's petition in cnse of apti t ion by a risoner or in cnsc of a p t i t i c m

by o creditor upon proof made before them oft B pctitioaing cmditarvr drbt E

.ad of the act or acta of inaolvenq of ~ u u h dsbtor themupon adjudge wch

debtor b be insolvent and forthwith a@qr thnt all the real and crannal

&ate and &c'& .of tb debtor st the h e he ro lwcalirii m o i t -%ttra an

e - * .- - -

t withh

&in thia Ymvince and without except the wearing apparel bedding and ,, 4

necessaries of the insolvent and his family and the working toola and 4 " L *

impiement~ of such insolvent not exceeding in the whole the value of thirty *

P m& sad dl the future e&i& right title and interest of such debtorin or, " I . ,

to spy real or personal estate and enects wlthin this Province or abroad L'" .

' S

such &Wor may pmhase or which nlsy revert descend be devised or bequeathed or come to hi . )

efore he shall obt-is certificate in mapner

aftermentione an a 4 ebb d r o - e - " e u to ba due

,to him before his obtaining his certificate as amresaid shall be vegted in the '

official assignee named tn such order and such order when so made shall	.	,
without any conveyance vest all the real and personal estate and effects of such debtor present and future and all such debts as aforesaid in the said official assignee by virtue of his appointment and ar often as any other
~ssignee or assignees shall be appointed to act with such official assignee as
after mentioned the said estate and effects shall vest in the said last men- order to	L-

tiolled assignee jointly with such official assignee and so from time to time effect a€ vcsdng	.
and a new assignee duly appointed all such real and peraonal estate as was asnignea and in	as aften as any assignee official or other shall die or be lawfully removed estate in official

1 then vested in such deceasd or removed assignee .hall by virtue of mob r- time ~tia.

itppointment vest in the new assignee either ilone or joPtiJ with the eliist- ing assignees as the case may require withcut any deed of assignment for

that purpose Provided always that in case the pctition of any prisoner fiovim rot. m*

.shall be dismissed by the said Court or Commissioners the vesting order king order void it rironer's petition

made in pursuance of such petition shall from and after such clismissal be 1	dismiued
a d and void to all intents and purposes.

XVI, And be it Enacted Thdt and after the vesting of the estate and Tbe like ptocseii-

.effects of the insolvent debtor in the official assignee as nforesald all such and

and the like proceedings shall be had with respect to the choice and appoint-- thabinatmhn Cfe,RctY

men1 of ,other assignees and the proof of debts due from the insolvent and of the ortat-	of
,n.ith respect to the sale and collection of the real and personal estate and

.effects of the insolvent and the dividing the same amongst his several credi- bad cue

,tors and generally all such and the like roceedings shall and may be had by of h n l t q c ~ ~

meditors and .assignees respectively in t R e administration of such estate and	effecta,as vould.ancI might be had by creditors and assignees in England
mder and by,virtue of a fiat issued in pursuance of the said Act entituled "An Act to establish a Court of Bankruptcy" or as nearly as may be and all the powers.and provisions of the said Act and of the Act passed in the sixth year of His late Majesty King .Geo;~e the Fourth enti tuled " .4n Act to amend the L a w relating to Bankrupts shall extend and be construed to ex- tend in every respect as far as the same may be applicable to this Act and to
fiats issued iu pursuance thereof and to all proceedings under the same and to a11 Judges Commissioners Insolvents or other persons concerned therein ,. ., -
or in ,any way affected thexeby to ail intents and purposes whatsoever as if .

such fiat were a fiat under the said recited Act or a Commission of

under the.Great Seal af the United Kindgom of Great Britain	v. ,
before the passing of ,the said Act save and except as may he

henin otherwise directed or as may be inconsistent with this Act or with any

des.and regulations to ,be made in pureuance hereof.

XV'I. Add for the protection of pu;chasw Be i t Enacted That all con- For ~nNdia

of

i	nprmees - by any insolvent bqna Mede,
and imiy of the fiat againat such insolvent ehan be valid .notwithrtsnding &-.

m& and executed before the date E>-

"9 rior aot of insolvew J by him committed provided the person or persons *

40 W om 4uohimol~ent so comsyed had not at tbe tlme of :sacb cahveyrpce *1

~ ~ t i c e of any prior act ofiipsolvepcy by him committed., ,: !. i .: .,

For the protection XIX, And far the further pfotecthb of perms dealing with iasolre

o~ p e w s con- before the issuing of any fiat against. them Be it Enacted That 8U

. Mngordea l ing tracts dealings and transactions by a d with any ineolvent 'really and

inlofrentljide made and entered into before the date and issuing of the fiat age

before the d n

our or y J him and all executions and attachments against the land8 or tenement

wt haring adfee guods and chattels of such insolvent bona pde executed or le~ied before

. I '

a$&.* * date and issuing of the fiat ahaU be deemed to be valid notwithstanding

If *

* .! prior act of insolvency by such insolvent committed provided the perm ,bersons so dealing wiih iuch insolvent or at whose adt or on who& am such execution or attachment shall have issued had not et the time of s contract dealing or transaction or a t the time of executing or levying s execution ar attachment notice of an prior act of insolvency by him CO mitted Provided also that nothing etein contained shall be degmed i taken to give validity to any payment made an7 insolvent being

-

execution founded on 8 judgment on B warrant of attorney or cognovit gi	fraudulent preference of any cre&tm ot creditors o 'aoch ineolvent or to '7
by any insolvent by way of such fraudulent preference.

I ' XX. And be it Enacted That i t shall be lawful for the said Court or

Power to ~ m m 0 m

.

ineolvent 8 other Commissioners or anv Commissioner from time to time and as ohen a

~ n o h r f m m d m ~ - them shall seem necessary to summom before them and examine the insol.

' Cti-or

': -0Ul4, vent or any other person or persons upon oath or a f b a t i o n as to matters respecting which the said Court or Commissioners or Bny of t

' I

have wer to enquire by virtue of this Act and that it shall be lawful for t

said 6 ourt and Commissioners where i t shall be deemed proper so to do

,

receive evidence by affidavit or written affirmation and such affidavit written afhiation may be made before any Judge or Commissioner act

.

under this Act or before any Commissioner appointed by the Supreme C

for taking affidavib therein and that any pereon who shall wilfully

falsely swearor s&rn either before the said Court or Commissioners or

Commissioner in any such matter as aforesaid shall be deemed guilty of

' and compt pe jury and be liable to the pnnishment and infamy ta

persona guilty of wilful and corrupt perjury ares by the law of England

subject.

POW to dis- XXI. And be it Enacted That after such adindication as aforesaid$

*	*WV pri80ner1 shall be lawful for the said Commissioners if
.nd to h uire in- On 'wetie' dVea mch notice to the detainin creditor or cre

to said Commissioners shall fi e m proper to d

.	lolvmt
dte 8 w d a foi' to be discharged out of custody on hi
q v into B recognizance to the official ass

aionere shall think fit and subject to a

suah in solvent shall be at large the Corn

to ba brought befors thetn and require

'	lance in such sum an they may thmk fit
as after mentioned or the Cotnmissioners
creditor accompanied b an affidavit show
that such insolvent is a out to de rt o
to a distant part of the Pravince y their W R
before them to ehew c w e wh he s h d d ho
mch runrtiw ar domaid an on the iplolvcmrt d

l,efore them they may if t h y think fit order him to enter into such rewgni-.

find such sureties and in default. of his so doing may by their wonant

l commit him to prison until he shall SO do or until he shall have passed his final examination after mentioned 8nd every such recognizance shall be sub- " jwt to a confJition that such insolvent shall duly appear a t the time and fixed for the hearing of s ~ h sinsolvent and at every adjourned hearing

and shall abide by the final jurlgment of the said Comn~issioners and on such

&er terms (if any) as the sitid Court shall think fit to impose and after such

lrcognizance shall be perfected the Commissioners niay issue a warrant to the

paler ordering him to discharge such insolvent if then in custody and the

insolvent shall be free from arrest or imprisonment by an creditor whose

ursgainst such insolvent until the time appointed for the next attendawe of	debt shall hare accurued before or ~t the time of the filing o l the petition by
such insolvent before the C~mmissioners and for such further time if any as the Cornmissionera shall by indorsement on such order from time to time appoint except in the rase of a etilioning prisoner who shall be liable to be
6uCh prisoner's schedule 3rd in cnse any insolvent so discharged out of cus- taken in execution by any cre itor whose debt shall have been omitted in f.
t ~ l y $hall not duly appear at the tiwe and place fixed for the hearing or any
hearing of such insolvent (not being prevented by illness or other lawful impediment to be allowed by tile Court; the recognizance so entered into shell be forfeited and the amount secured thereby shall be recoverable in a summary way by a distress and sale of the goods oncl chattels of such sureties as the Commissiot~ers shall by their order direct ancl the amount 80 recovered shall be applied fm the beuefit of the creditors of such insolvent in like manner as if the same were a part of his estate and effects and' the said Commissioners may also issue rz warrant authorising any person or persons to Le thtrein named to apprehend and arrest such insolvent
aod deliver him into the custody of the gnoler or keeper named in such
~arrant and such gaoler or keeper is hereby requirecl to receive and keep such prisoner who if he mas discharged from custody on finding such sure- ties as aforesaid shall be committed to the same custody from which he was discharged and a11 detainers which were in force against him a t the time of
his discharge or which hall have been since duly lodged against him shall
thereupon be deemed to be in force Provided further that any insolvent sodischarged out of custody as aforesaid 8hcrll on his appearing before the said h u r t or Commissioners be deemed and considered for the pur- poses of this Act in the custody in which he was at the time he was so
discharged. . ,

XXII. And be i t Enacted 'I hat i t shall not be necessary for any creditor Debta of crediton mentioned Ln ia-

whose debts ~ h ~ l l be insertcd in any insolvent's scheclule to Ire any proof

rolrent'r rcbdule

of the same being due unless the same be 01)jecttd to y the official tobet,kenlr drrs i *

assignee or by some creditor of which olljection notice sllall be in the witbout balng *

Goveroment Gazette of this 1';iivih'd signed by the oficial assignee and proved, d e w ob

which notice the said official assignee is required to give on being requested	joctedtfb.
so to do by some creditor of the insolvent and on beit~g paid by ~ u c h creditor the sum of two shillings and sixpence over and above the price of such ad- vertisement and such notice having been given the debt so objected to shall,	L m ' '

not be deenled a valid and subsisting debt until proof shall be made of the

same being due to the satisfaction of the Court or Commissioners, B

XXJII. And be it Enacted That the said Court or the Commissioners ehaIl TWourtofcas*

from to time a point days for thc fiurrender of the insolvent if nt large and mirr~oncrr to rp.

point timrrr &r

for the of debts the examination of the insolrent and of his achedule tbs eurmmjer at ,

the choice of &gnees and other milttcru relating eithe; to the discharge tbfno&mt if* large, and h? ¶be

uf the inlolrent or to the administration of his estate of each of which daya prwWdr~htb.

anch notice as the Court by any general or epecid rule or order may direct s r ~ r n i a a t i o ~ ~ ~

hall be ginn by rdvertimmmt in the Government Gerstte m d auch ad-

johnrmenk

t1m joitrnmenty may from time to time be made as occasion ahell require Pt

*'"g'	vided that it sball not bo incrtmlsent oil the Court or Comm~ssioners appoint assignees other tlmn the official assignee in any case whore from& small ntnount of the dcl~ts roved i t sl~nll appear to the Court or Corn
said Court upon the application of any insolvent if the Court shall think6 missioners unnecessar~ so to R o Provided slso that i t shall Le lawful for tbl
to enlarge the time for tlie swrender of any insolvent and the surrender t the insoh-ent within the enlarged time shall have the same effect as a spl rcnclcr within the time originally appointed for such surrender.

Penalty on per- XXIV. And be it Enacted That any erson wilfully conceding any real I

@ O n @ ~ i l r ~ i l ~ c ~ n - personal estate of the insolvent and W o shall not within fort -two dap \

ceding my pro- i, after the issuing the fiat discover such estate to one or more o f the Cam.

* , ,

rolrclli.	lnissioners or assignees shall forfeit the sum of one hundred pgunds and double the rslue of the estate concealed and any person who shall after the time allowed to the insolvent to surrender voluntarily discover to one or mm of the Con~missioners or assignees any part of such insolvent's estate W
before come to the knowledge of tha assignees shall be allowed five p
1	centurn thereu~on and such further reward as the rnaior art in value of thr creditors a t a i y meeting called for that purposc shall'think fit to be paid cut of the estate recovered on such discovery.

Punirhment of XXV. And be it Enacted that where a m Derson shall be declared insol.

inaolfentrefuaing	vent under a fiat issued nglrinst him by virtke'of this Act and notlce thereof
to rurmnder. -	shall be given by advertisement in the Gor Snment Gazette of this prorince
t ~ n c l by leaving a copy thereof a t the last p ace of abode of such insolvent if P

the mnle is known and if ? - U i s a t large an-wilfully

- 4

neglect or refuse to surrender himself to the Court or Commissioners before

thke of the clock of the day mnd at the place to be named in such notin

' such day being a t least thirty days after the giving such notice or if an!

insolvent being duly b r o u m c Court or Commissioners shall

. wilfully refuse to surrender himself to such Court or Comrniltsionen or wilfully refuse to sign or subscribe such surrender or to submit to be examined from time to time upon oath or being a Quaker or

I	Moravian upon affirmation or if any euch insolvent shall not %-ithin the time appointed fbr such purpose deliver in sl~cll schedule as aforesaid or shall
4	wilfully and fraudulently omit in I ~ i i C i i i ~ h ~ ~ effects or propcrt J whatsoever to the value of ten pounds or if any such insolvent shall not upon such examination deliver up to the Commissioners all such part of his estate and all books papers and writings relating thereunto as may be in his pm. session custvdy or power except such wearing apparel bPdding and other necessaries of such insolvent and his family and the working tools snd implements of such insolvent as aforesaid or if any such insolvent shall un-
lawfully remove conceal or embezzle any part of such estate to the value of
ten pounds or upwards or any books of accounts papers or writings relating

l*	thereto with intent to defraud his creditors everv such insolvent ahaU be deemed guilty of felon^ and be liable to be t r a ~ s ' $ f * ~ e ~ o f % % i i n yeam or
for such term not%% man seven yeare as the Cowt before which he shall

-.	f	be convicted shall adjudge or to be imprisoned only or to be imprisoned and kept to hard lator in any common gaol penitelztiary or house of correction
for any term not exceeding three years and in C M 0 of a conviction forrjury
such ~nsolvent shall in addltion to such punishment as aforesaid be eemed

. ,+, infamous.

'

XXVI. And be i t Enacted That in all cases where no ceusebhall appear

0d.r mar, tbf	fa the contrary i t rhsll be lsrlul for the said Court or Cornmirsionera W-
jnrl*nr tfi	, cordin as to them shall seem fit to adjudge that such in~olvent prisoner
lhr in '*'du''	~ h d l. e ao diachsl ed and so entitled W aforesaid forthwith or H, won g W

i of bfs dcEtcl pro: 'such 'bsolbent shall f 196 been in c t t o d y t$ the euit of one or m m of the

- y J w t hli11.L.. ..,. b. .;

8 t;y;1 :

t

l I

e':

praons ar to ahosr debts ~ n d

claims such clischarge is so adjudicated for

,,ch period or periods not exceeding three c.alend r months in the whole aa

,hl! said C'ourt or Commissioners allall direct o be computed frcm the

t "

i

making of such resting ordcr as oforesttid.

~

I

?(XVII. And bc it Enacted That every insolvent whose estate may by ~ ~ ~ $ $ ~, " ~ w

ordcr as nforcsaid be vested in the official assignee of the said Court shall charge tobe forth.

sithin the space of fourteen clays next after the making of such vesting order with or not later

in case the snlne shall not hnve been made on hie own petition then within der 'ben moatbs three imm

fourteen days next after uotice in writing of snch order having Ixen made shall filing of h

hnre been given to him or with* such further time as the aaid Commissioners petitia.

nr the said Court sllall think rcnsonable deliver in to the said Court a ache-

containing a full and fair description of such insolvent as to hi9 name

or names trade or trodes profcs4on or professions together with the last usual

place of abode of such insolvent and the place or places where he has resided

the time when his debts were contracted and also a full and

("9	tfie
lime of making such order ancl of all and every person and persons to whom

escription of all debts due or growing due'frou~ such insolvent at. the

insolvent shdl be indebted or who to his knowledge or belief shall

claitn to be his crecli tors togct her with the nature and amount of such debts

and claims respectively distinguisl~ng such as shall be admitted from such ns shall be dis mted by such insolvent and also n full true and perfect sccount of all t h e estate and effects of such insolvent real and peaonal in possession reversion remainder or e r p t a n c y and also of all places of benefit

or advantage held by mch insolvent whether the emoluments of the same

arise from fixed salaries or from fees or otherwise and also of all ensi ions or.

ailo~ances of the saicl insolvent in possession or reversion or held by any

other person or persons for or on his behalf or of and from which the said

insolvent derives or may derive m y manner of benefit or advantage and

also of all right and powers of any nature or kind whatsoever which such

ineolvent or any other person or persons in trust for him or for his own

benefit or advantage in any manner w1:ntsoever shall be seized or possessed

of or interested in or entitled unto or which such insolvent or any other

person or persona in trust for him or for hie benefit slioU hare any power to

dispose of cllarge or exercise for his benefit or advantage together with a

full true and ~ c r f e c t account of all the debte at the time of making such order due or grolving due to such insolvent or to any person or persons in trust for him or for his benefit or advantage either solely or jointly with any other person or persons and the nnmes and places of nbode of the several persons from whom ~wch debts shall be due or growing due and of the wit.-

nessess who can xooc such debts so far 8s such insolvent con sel. forth the

the same as shall be at any time required by the said Court or Conmissioners	tire receipts and expenditures of such insolvent and of the items composing same and tlw sni h sclieclulo shnll n 1 ~ 0 contain a bnlanco sheet of so much of
in that bellnlf and nlao shall fully and truly describe the wearing mpparel
bedding and other necessnxiea of such insolvent and his or her family and whole the value of thirty pounds which may be e~cepted by such insolvent the working tools and implementa of such insolvent' not exceed in^ in the
ham the operation of this RE^ together with h e values of each excepted article respectively and the saicl schedule shall be subscribed by such iwol- vent and verified by thegath or affirmation of the in~olvent if the Commb- aioners shall so require and shnll forthwith be filed in the said Court together

1 with 811 books papers and writing8 in any way relating to ~ u c h insolvent's

eatate or effects in hia or her possession or under hie or her custody OF

,

~ ~ ~ 1 1 1. And be it Enacted l h t in u s e it shall appear to the mid C-t 1. certain M

C ~ m i u i o n m that mch inrolrent has fr~~udulenrl with inintent to conesal

I

We d hi, aihm m todrfmt the object0 of thir l ct destroyed a nilfd~ .

, ' kept run,

Dertroyiw	or kept or caused to be kept falae books or in any manner altered or falsifi,,:
withholdin~
prts.	pa- m y such books popera m r r i t i n p or that such prisoner has fraudulentlj-wit)
heerping	false the intent to diminish the sum to be dividedamong his creditors or of givin;

b k r, m n k i n ~ an undue preference to any of the said creditors fraudulently discharged

eaa(af Or concealed any debt due to or from the said insolwnt or fraudulently m d

hhif~Sry	book#.	awa	with charged mortgaged or concealed any part of his property of WL
..

kin d' soever either hefore or after the commencement. of his or her impriscm. ment or the issuing of the fiat then it shall be lawful for the said Commij.

sioners to adjudge that such insolvent prisoner shdl be so discharpcl and R entitled as aforesaid so soon as he shall have been in custody a t the suit c! some one or more of the persons as to whose debts or claims such discharg

is so adjudicated for such period or periods not exceeding three years in tht

whole as the said Commissioners shall direct to be computed as aforesaid.

~n other cmes the

.. XXIX. And bc it Enacted That in case it shall appear to the said Corn-

! ! ! dincharp*Bc. l0 missionem that such insolyent prisoner shall have contracted any of hisr

1 4 \	,	be nt any period
\ I	not later than two her debts fraudulently or by means of a breach of trust or by means of fah

l a

1: gears. pretences or vithout having had any reasonable or probable expectation

contractingdebt8 the time when contracted of payin the same or shall have fraudulently

.	1
+.
C	i fraudulently. F... prcmces. by means of false pretences obtainedf the forbearance of any of his debts -b~
.	1

Witbout expect&- any of his creditors or shall have put any of his creditors to any unnecessq

.	1
' -,	L tion or payment expense by any vexatious or frivolous defence or &lay to any suit for rew
+	. Or by false pre-

teneee vering any debt or sum of money due from such prisoner or shall be indebted

$ 2	; e	' hrbeanmce.	for damages recovered in any action for criminal conversation with t h ~
'	..
m 3

Put big crrditora wife or for seducing the dnught er or servant of the plain tiff in sach action a

{, l	to expenses by
vexRtiousdelay to for breach of promise of marriage made to the plaintiff in such action or for
. ;. ?	suit, Or be &c. damages recovered in any action for a malicious prosecution or for a libel or

h - 1

for damage8 for for a slander or in any other action for a malicious injury done to the plnintiff

trim. con., me therein or in any action of tort or trespass to the person or property of

duction, libel,bc. ~laintiff therein when it shall ap ear to the satisfaction of the said CO

Y d i d Q n s ~	sioners thnt the injury complainec P of was malicious then it shall be lawfol
for such Commissioners to adjudge that such prisoner shall be so so dis. charged and so entitled as aforesaid forthwith except as to such debt or debtr

: .,	sum or sums of money or damages as above mentioned and as to such debt
I
or debts sum or sums of money or damages to adjudge that such prisoner

9 ' ahall be so discharged and so entitled as aforesaid so soon as he shall have

v: . ; I

been in custody at the suit of the person or persons who shall be credit

*,.l	l
1 \ creditors for the same respectively for a period or ericds not exceeding two

years in the whole as the said Commissionem sha	IY	direct to bs computed r
aforesaid.

Power to &W XXX. And be it Enacted That in every ease where any pn'sone

m&ta-* upon the adjudication of the Court be liable to further imprimnmeot

:

suit of his creditor or creditors or any or either of them it shall be law

any time for the Court if it shall see fit but nof o t h e n i e on the appli

of such prisoner to order the creditor or creditors at whose suit he s

so imprisoned to pay to such prisoner such sum of money not exeeding sera

shillings by the week in the whole at such time and in guch manner aud in

such proportions aa the Court shall direct and that on failun of paymeat

, thereof as directed by t k Court the Court shall order the prisoner to l*

'L

forthwith discharged from custody at the suit of the creditor'or creditors W

failing to pay the same.

s h d be eo~~finocl provicld that no allowance whatever shall be made.

the Governor of the Gaol to any prisoner who shall wilfully neglect to,

p&ion the Court for relief from imprisonment foq twenty-one days after his bt.continued imprisonment for debt.

XXXII. And be i t Enacted T h t every person declared insolvent either a

m his own petition or on the petition of m y creditor who shall have duly	-
md in all things conformed to the laws in force concerning insolvents at the
lime of issuing the fiat against him shall be discharged from all debte due	,

.

-

by him when he became insolvent and from all claims and demands proveable

ander the fiat and insertdin hie schedule in case he shall obtain, a certificate.

of such conformity signed and dlowed and verified upon oath in the manner.	-
mentioned in the Statute made and passed in the sixth year of His late.
Majesty King George the Fourth entitled " An Act to amend the L ~ w s	-

plating to Bankrupts" provided that where in the said Statute it is directed that the Commisioners eh& certify to the Lord Chancellor they shall in 4 l5 ,L..

loch case certify to the Judge or Chief Justice of the Supreme Court and : . ' 3.

mhere it is directed that such certificate shall bp allowed by the Lord f r

Chancellor i t shall in such case be allowed by the said Judge or Chief ji:

Justice provided also that the granting such qertificate and the effect thenof f

ha11 be subject to the snnle provisions res~ictions and limitations as are S *.

contained in the said Act passed in the sixth y e a r d the reign of King George	d
the Fourth entitled '' An Act to amend the Law relpting. to Baqkrupts."	: f

XXXIII. And be it Faacted That every insoivent whashall have obtained ~t~owunce to h.

his certificate shall be allowed out of the produce of his estate auch sums in gr;",t",&*$

proportion to the amount per pound which such produce shall pay to his ere- a :

I &tors as are mentioned in the said Statute passed in the sixth year of the

~eign of King George the Fourth entitled '.C An Act to w e n d the Law relating to bankrupt^" and such allowance shall be made over and above and exclusive of the wearing 4pparel bedding and other ~ecessaries of the in- solvent and his family and the working tool8 and implements of the insolvent 8 ecified in his Schedule as excepted not exceeding in the whole the value of

t irty pounds.	1	-r
XXXIV And with respect to the construction of this Act Be it hmctcd As to t b m-

Thst this Act shall extend to aliens denizens and women both to make them '* '4 y

subject thereto and to entitle them to all the benefits given thereby anrl that

where this Statute hath words importing the singular number or the m~sculine

gender only it shall be understood to include several matters as well as one

matter and several persons a8 well ss one pemon and females as well as males	and bodies corporate as well as individuals unless i t be herein otherqise espe-
cially provided or there be, something in the subject or context repugnant to

V ~ t c h construction.

XXXV. And whereas it is the intention of this Act to bring iqto ope- fn what cues pm-

ratio* in athis Province the ~everal Acts of Parliament relating to bankrupt9 ~~~~~m ~~~~

and insolvent debton bereinaftpr mentioned exce t so far as Act8 may regulated

h inconsistent hpnvith and with the rules m B regulations to be made in fer z ig%Bankrupt to er\?

ususnce hereof and i t is possible that some omissio~isiosccurrrciersnd or ibe Oth

Siacrcpanciea may be found to arise in carrying such intention into effect Be a, tv,, 16

it therefore Enacted That aH proceedings previous to or relating to the de- tbefrt&%d wm. : .

claring any person to be insolvent except upon his own petition or upon the ,h,,	lV, c 56, and in
Petition of

8 detaining creditor and all relating to the adminis- s w l ~ L.oL

Wion of the estate and effetts of any insolvent or to the protection of the Dsbtwa' dct I&

f u t ~ e s t a t e and effeots of such insolvent b memu of a certificate of cow C+klV,r S?. ,,

fmity m to the protection d hi^ person A his surrender shJ1 as far m

Prrctr~~blr be ngulated .md dl q u e r t i ~ ~ uir* therwpt be determined by

1 r e f ~ 8 ~ ~: ~

teferenee to the sheral Acts of Parliament next hereinafter mentioned An Act rnade and pssed in the eixth year of His late Msjesty King G the Pourth entituled " An Act to amend the Laws relatio to Bank

and an Act of Parliament made and passed in the f h t an % aec

William

Hie late Majesty King. the Fourth entituled " An Act to any imprisoned insolvent debtor from custody and to the right of cred

be heard in opposition to sach dischar e and to the costa and ex

the insolvent In regard to his ache ule and the casts and e Lf well of the insolvent as of other persons in attending the Court or missioners and generally all proceedings directly or incidentally r the personal discharge of any insolvent shall as far as practicable b

and all auestions arising relating: thereunto be determined by reference to L Act of Parliament made and p%sed in the seventh year ofwHis late M a j q King Gedrge the Fourth entituled " An Act to amend and consolidate

Laws telalihg to Insolvent Debtors in England."

Fund totnrdr XXXVI. And for raising a fund towards paying the expences which mil]

payhg be incurred in carrying this Act ioto execution be it Lnacted That evq

pence* of carrying

tbir hct inro - person other than an imprisoned debtor or detaining creditor upon wha

c n t k petition any fiat ahall issue under this Act shall before the issuing such t$l pay into the hands of the Clerk ofthe Supreme Court the sum of ten p o d to be paid by the said Clerk to tb Colonial 1 reasurer of tb province (I the end of the ,merit quarter of B year together with other money to be thpl paid by him.

, h e r o f q p a ~ XXXVII. Aad be it Enacted That h ever case in which there mi&

be an a peal from the decision of a Court o Baakruptcy or Insolvencj T

in Eng and then shall h d e r the like circumstances be a power of appal P

from the decision of the said Court to the Court of &ale in this Provincc

and to Her Majesty in Council in conformity with the provisions d subject to the limitations and restrictions contained iP1 the Act for establish ing the Supreme Court of this Province,

Commencammt XXXVIIJ. And be it Enacted That so far as respects the relief of impri-

of-	soned insolvent debtors on their own petitions and the issuing of fists on tbr vetition of detaining creditors and all aroceedinas thereunder in manner ifores~id this Act shall commence forth6ith and chat so far as respects fiab to be issued on the petition of other persons than imprisoned insolvent debtors or their detaining creditors and the acts of insolvency on which sucb
last-mentioned fiats may issue this Act shall commence on the first day d August next Provided that no fiat $hall issue on any act of insolvency not
wholly begun and completed after the said first day of August next.

A. M. MUNDY,

Clerk of Council. '