Duty of Mas

ters of vessels bringing emigrants.

twice in the Canada Gazette, with an interval of at least six days between each publication, shall have the force of law, and shall be in force until suspended by a later proclamation for the like purpose, published as aforesaid; and at the place so appointed the Governor in Council may cause proper shelter and accommodation to be provided for emigrants until they can be forwarded to their place of destination; and any contravention of any such proclamation as aforesaid, or of any regulation therein contained, shall be deemed a contravention of this Act and of the Act respecting Emigrants and Quarantine, hereby amended, and shall be punishable as such.

2. The Master of any vessel arriving in the Port of Quebec and having on board the same any emigrants or passengers to whom the proclamation aforesaid then in force shall apply, shall land such emigrants or passengers and their baggage free of expense at the place so appointed, and at reasonable hours, not earlier than six in the morning nor later than four in the afternoon, and the vessel shall, for the purpose of landing such emigrants or passengers and their baggage, either be moored at the wharf at the place appointed for such landing, or anchored in the Port of Quebec, within the following limits, Limits within to wit: the whole space of the River St. Lawrence from the which vessels mouth of the River St. Charles to a line drawn across the St. bringing Lawrence from the flagstaff on the citadel on Cape Diamond, emigrants shall anchor. at right angles to the course of the said river; and the masters of such vessels so anchored, shall duly land, within the hours aforesaid, by steam tug, or other proper tender, their passengers at such wharf as aforesaid, and not elsewhere, under a penalty of forty dollars for each offence against the provisions of this section; and the sixteenth section of the Act respecting Emigrants and Quarantine shall not apply to any such emigrant or passenger as aforesaid.

Sect. 16 of
Con. Stat.

Canada, c. 40,
not to apply.

Seot. 19 repealed; steamers bound up

receive pas

sengers from vessels until

3. The nineteenth section of the said Act is hereby repealed; and, except only with the express permission of the Chief Emigration Agent at Quebec, no steam vessel bound for any wards not to place beyond the limits of the harbor of Quebec upwards, shall go alongside of or receive any passenger whatever directly from any vessel arriving in the Port of Quebec, and having on emigrants are board emigrants or passengers to whom any such proclamation as aforesaid then in force shall apply, until all such emigrants or passengers shall have been landed at the place appointed in such proclamation, under a penalty of forty dollars against the Master or person in command of such steam vessel for each passenger received by such steam vessel in contravention of this section.

landed.

How this Act

strued.

4. So much of any other part of the said Act as may be shall be con- inconsistent with this Act is hereby repealed; and this Act shall be construed as one Act with the said Act, and any citation of the said Act shall be understood as meaning and intending the said Act as hereby amended.

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LEGAL INTELLIGENCE.

In the Andrew Cley Horn andth-
He Rom

Effect of urang des exption of

ENT ACT OF 1864.

Creditor- or urang description of claims.
Serdge Galt decided in case of Robsas

Warrental

that it must be proved that the notice wit eredity has been mailed withe proper office and letter proper, namu sath a perper. description of the delit Se h.C. L. Iets vob 6 Sankh 1840 INS pase 14-15.

Judge Ithan Boyd decided this it was necess, that the claim of a enditor shined her, should be propere and correctly desenbed as to amount and as to nature whether a noto or notes, are

tate; mee-

tors to be lled.

If the creditor holds twos poro" entes, Mullait Lat do to dusenbe then as one-orncovers w Case in Division Cost at Rachminshell

May 1871 " Bowmawn Amos"

onceversa

chedules of
reditors, &c.

such vote the amount of direct liabilities of the Insolvent to him, and the amount of indirect liabilities then actually overdue; Assignment. and thereafter the Insolvent shall make an assignment of his estate and effects to the assignee so chosen ;

If no assignee be appointed

by creditors, insolvent may select one.

Or assign to

an Official asiguee.

In case of dispute at first

meeting of creditors, as to votes.

4. If no assignee be named at such meeting, or at any adjournment thereof, or if the assignee named refuses to act, or if no creditor attends at such meeting, the Insolvent may assign his estate to any solvent creditor resident within this Province, not related, allied, or of kin to him, and being such creditor for a sum exceeding five hundred dollars, or if he has no such creditor for so large a sum who will accept such assignment, then to the creditor otherwise competent and willing to accept, representing the largest claim upon him; or he may make such assignment to any official assignee resident within the district or county within which the Insolvent has his place of business and nominated for the purpose of this Act by the Board of Trade in such district or county, or if there be no Board of Trade therein, then by the nearest Board of Trade thereto; sec X annexed lase decide mn 1868.

5. If any dispute arises at the first meeting of creditors as to the amount which any one of the creditors is entitled to represent in the nomination of an assignee, or upon any other question which may properly be discussed at such meeting, such dispute shall be decided by the votes of the majority in number of the creditors present, or represented by agents or proxies; but if the dispute have reference to any pretension of any creditor as to the existence or amount of his claim, such creditor Irregularity shall not vote upon the question; but no neglect or irregularity not to vitiate in any of the proceedings antecedent to the appointment of the appointment. assignee shall vitiate an assignment subsequently made to an assignee competent to receive it under this Act;

Form of Deed

of deed.

6. The deed or instrument of assignment may be in the form of assignment, C., or in any other form equivalent thereto, and if executed in Upper Canada shall be in duplicate; and a copy of the list of creditors produced at the first meeting of creditors shall be Counterparts appended to it; and no particular description or detail of the property or effects assigned need be inserted in such deed; and any number of counterparts of such deed required by the assignee shall be executed by the Insolvent at the request of the assignee, either at the time of the execution of such deed or instrument, or afterwards, to which counterparts no list of crèditors need be appended;

Effect of as

to estate of insolvent.

7. The assignment shall be held to convey and vest in the signment, as assignee, the books of account of the Insolvent, all vouchers, accounts, letters and other papers and documents relating to his business, all moneys and negotiable paper, stocks, bonds, and other securities, as well as all the real estate of the Insolvent, and all his interest therein, whether in fee or otherwise, and also all his personal estate, and moveable and immoveable property,

debts,

present Insolvent Act in facilitating the

process by which debtors get clear of their solvency.

liabilities, and perhaps enriching Official

Cap. 17.

107

Assignees at the arrange werer, itosenitu hich he has or may become entitled

Justice Adam Wilson,

from this view, and pronounced his scharge is effected under this Act, exempt from seizure and sale under Exception.

opinion as follows

iomay fluo add, I have no doubt an

"unincorporated Board of Trade can,

"ed Board of Trade, appoint official as

several statutes in such case made

"" in my opinion, as well as an incorporatecution of the deed of assignment, Duplicate or "signees under the statute. Mr. Hodg. Upper Canada, shall deposit one authentic if in Lower Canada, an authentic copy of assignthe proper Court; and in either deposited, and 's shall accompany the deed or where.

'ins referred to many statutes by which "unincorporated Boards of Trade had "been authorized to perform very im 'portant functions, of which the 4th

men t

to be

"and 5th Vic. ch. 88, is an example, for real estate, the deed of assign- Regration he Registry Office for the Regis- of deed of

<< under that statute the Boards of Trade

of Quebec, Montreal, Toronto and thin which such real estate is assignment, if “Kingston-not one of which was then gistration of any deed or instru- has incorporated-were empowered to apthe Insolvent, or which other est to point a Board of Examiners of appli-al estate, shall have "cants for the office of Inspector, at these

Province.

Gl estate be in Upper Canada Aument
executed in Lower Canada a ted in
feed certified under the hand ho
other public officer in whose ed in the other
hay be registered without other see the other
and without any memorial;
tion may be endorsed upon a
in Lower Canada and the
in Upper Canada, it may be
Il length in the usual manner;
register, or to refer on regis-
of creditors annexed to the

Mr. Vice Chancellor Mowat expressed a doubt, if after an assignment made bona-fide to an official assignee, not duly 49 appointed or authorized, has been accept£ ed and acted upon by creditors, whether e any one claiming adversely to the assign-a sement could set up the objection, as the

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b

bankrupt clearly could not revoke or im-
peach it; but on the main question agreed
with the majority of the court, as follows:

t

"thereafter be incorporated or otherwise re-
cognized by the Legislature; and that two
or more persons after the passing of the
Act could not by voting themselves
"Boards of Trade,' clothe themselves with
"the important powers which the Act con- pada, as if it had been exe-
to the law in force there

-поз я The decision of the Court of Appeal ons aforesaid, shall constitute, Ives this point, will, we believe, unsettle as-, prima facie proof of the sund signments heretofore made to official as- he original of such deed ԴԱ Տ signees appointed by the newly formed

insolvent and his estate shall iquidation:

e te te te be to be a date about to abscond from

Deed executed in

and any creditor, or to defeat

or

t

MM

U. C. form have force L. C. and versû.

ice

Debtor absconding.

Secreting estate.

Fraudulently assigning.

Or procuring it to be seized

in execution.

Or being imprisoned in civil action.

Or refusing to appear.

Or to obey orders for payment.

Or any order or decree in Chancery.

Or assigning

or delay the remedy of any creditor, or to avoid being arrested or served with legal process, or if being out of the Province he so remains with a like intent, or if he conceals himself within this Province with a like intent;

b. Or if he secretes or is immediately about to secrete any part of his estate and effects with intent to defraud his creditors or to defeat or delay their demands or any of them;

c. Or if he assigns, removes or disposes of, or is about or attempts to assign, remove or dispose of any of his property with intent to defraud, defeat or delay his creditors or any of them;

d. Or if with such intent he has procured his money, goods, chattels, lands or property to be seized, levied on or taken under or by any process or execution, having operation where the debtor resides or has property, founded upon a demand in its nature proveable under this Act and for a sum exceeding two hundred dollars, and if such process is in force and not discharged by payment or in any manner provided for by law;

e. Or if he has been actually imprisoned or upon the gaol limits for more than thirty days in a civil action founded on contract for the sum of two hundred dollars or upwards, and still is so imprisoned or on the limits; or if in case of such imprisonment he has escaped out of prison or from custody or from the limits;

f. Or if he wilfully neglects or refuses to appear on any rule or order requiring his appearance to be examined as to his debts under any statute or law in that behalf;

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

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

i. Or if he has made any general conveyance or assignment generally, ex- of his property for the benefit of his creditors, otherwise than in the manner prescribed by this Act:

cept under

this Act.

Demand of

trader does

2. If a trader ceases to meet his commercial liabilities assignment, if generally as they become due, any two or more creditors for sums exceeding in the aggregate five hundred dollars, may make a demand upon him (Form E.) requiring him to make an assignment of his estate and effects for the benefit of his creditors;

not meet his commercial liabilities.