the truth of 3. If the trader on whom such demand is made, contends Counter pethat the claims of such creditors do not together amount to five tition denying hundred dollars, or that they were procured in whole or in part the allegafor the purpose of enabling such creditors to take proceedings tions in such under this Act; or that the stoppage of payment by such demand. trader was only temporary, and that it was not caused by any fraud or fraudulent intent, or by the insufficiency of the assets of such trader to meet his liabilities, he may, within five days. from such demand, present a petition to the judge praying that no further proceedings under this Act may be taken upon such demand; and, after hearing the parties and such evidence as Julge to demay be adduced before him, the judge may grant the prayer cide. of his petition and thereafter such demand shall have no force or effect whatever; and such petition may be granted with or without costs against either party; but if it appears to the judge that such demand has been made without reasonable grounds, and merely as a means of enforcing payment under color of proceeding under this Act, he may condemn the creditors making it to pay treble costs; If the petition be rejected or none be presented, &c. 4. If such petition be rejected; or if while such petition is pending, the debtor continues his trade, or proceeds with the realization of his assets; or if no such petition be presented ⚫ within the aforesaid time, and the insolvent during the same time neglects to call a meeting of his creditors as provided by the second section of this Act; or if he does not complete such assignment within three days after such meeting, or if there be an adjournment thereof, then within three days after such adjournment; or if having given notice of a meeting of creditors, Liquidation as required by the second section of this Act, he neglects to to be compulproceed further thereunder, his estate shall become subject to compulsory liquidation; sory. taken within 5. But no act or omission shall justify any proceeding to But proceedplace the estate of an insolvent in compulsory liquidation, ings must be unless proceedings are taken under this Act in respect of the three months. same, within three months next after the act or omission relied upon as subjecting such estate thereto; nor after a voluntary assignment has been made, or an assignee appointed under this Act; tachment of 6. In Lower Canada an affidavit may be made by a creditor Proceedings for a sum not less than two hundred dollars, or by the clerk or for issue of other duly authorized agent of such creditor, setting forth the Writ of atparticulars of his debt, the insolvency of the person indebted to debtors estate, him, and any fact or facts which, under this Act, subject the in L, C. estate of such debtor to compulsory liquidation (Form F), and upon such affidavit being filed with the Prothonotary of the district within which the insolvent has his place of business, a writ of attachment (Form G) shall issue against the estate and effects of the insolvent addressed to the sheriff of the district in which such writ issues, requiring such sheriff to seize and attach ther an action on a Promissory note. tion had been commenced and the plaintiff instituted proceed-ict liontionency against the defendant, and writ. to the insolvent. Not eight days limitedit of attachment against his art in the preliminary objections, that the affidaler. To this plea the plaintiff dewhen J. A. Boyd, for the insolvents, mademcy and the seizure of his estate, any Court. That it did not appear from the MAS FERGUSSON, for Plaintiff, argued vits verifying the insolvent's examination for and the matter came on for argution, of dischoff was only from or there was nothing in our Act disabling wed, and con- plaintiff from proceeding at law-that, ffects > amount of his be produced member of the Fenian Society; he ranked as a I never saw Norris, Cleary, or Manning Nagle.-I know Owen W dear friend," and is signed J. Power;" it is leo headed Redmondstown." we w pods of Pay Denis D. Mulcahy;" the third letter is dated to Luby, and also 28981 ient, the debtor Debtor may Led- to submit such suspension of proceedings. on a schedule Schedule to Judge to pre. side at such meeting. decided thereat, and how. indebtedness to each, and the places of their respective residences, or places of business, together with particulars of any negotiable paper on which his name appears, the holders of which are unknown to him; the whole under oath ; 17. Upon the schedule of the estate and the list of creditors being furnished by the debtor, sworn to as aforesaid, the judge, instead of ordering a meeting of creditors to be called for the appointment of an official assignee, shall order a meeting of creditors to be called by advertisement for the purpose of taking into consideration the prayer of such petition, and at such meeting shall take and record by a writing under his hand the opinion of the creditors thereon; 18. The judge shall postpone the meeting so called if it appears that the creditors have not been properly and reasonably notified, or that important omissions have been made in the creditors' list; 19. The judge shall preside at such meeting of creditors, and the question which they shall decide shall be, "Shall the debtor be proceeded against under this Act or not?" And if the Question to be decision of the majority in number and three-fourths in value of the creditors for sums above one hundred dollars, present or represented, be in the negative, it shall be in force for three calendar months thereafter, during which time no other proceedings in insolvency shall be commenced against the debtor, based upon any act or omission of his which took place previous to the institution of the proceedings so stayed by the decision of the creditors; Proceedings 20. If the decision at such meeting be not in the negative, on decision of the judge shall at once proceed thereat to take the advice of the creditors as to the appointment of an official assignee, and shall appoint such assignee as hereinbefore provided; meeting. In case of 21. If any question arises at such meeting respecting the question as to amount of any creditor's claim, it shall be decided by the judge amount of any creditor's upon a hearing of the parties, and from an inspection of the claim. schedules and list so sworn to by the debtor, and of the statement of the debtor's affairs prepared and produced at such meeting by the guardian, or person entrusted with the writ of attachment; Effect of appointment of official assignee. 22. Upon the appointment of the official assignee, the guardian shall deliver the estate and effects attached, to the official assignee; and by the effect of his appointment, the whole of the estate and effects of the insolvent, as existing at the date of the issue of the writ, and which may accrue to him by any title whatsoever, up to the time of his discharge under this Act, and whether seized or not seized under the writ of attachment, shall vest in the said official assignee, in the same manner been at 23. the appo leng of th sha Pe see same exceptions 01 9e insolvent; Effect of re 1864, under the hand of F a pe o te ao pe get lud such registration e registered at full order of apof the signature pointment. проли Sat, the official assignee Notice of apspuoq nt (Form K), requiring pointment. lvent to produce before ChancellOLVENCY. or the Council thereof, Boards of in the County or District Trade may or within any County or name official assignees. re is no Board of Trade, executed in pursuance of the Insolvent Act ses of this Act, and at the Security. of 1864. The deed was made between Tho- what security for the due e given by each of such creditors of the said Thomas Haworth, of pon them; and a copy of Notice of certified by the Secretary nomination. the Prothonotary or Clerk ounty within which such Assignee; that he had proposed to pay his in the name of office of the Security to be 4, 8, 12, 16 and 20 months; that a majority or subsequently may be, in signee. in number and three-fourths in value had is Act; and in case of the th Covenant by insolvent to deliver to the as-. realized by the assignee who for the benefit of the creditors given by as agreed to accept said offer, and to authorize de signee the said notes immediately after the sai execution of the deed by the requisite nunbi ber. Covenant by assignee to distribute the ed notes. Release and discharge by parties ex it bi he performance of his duties, who may sue in his own ch security; ecuting the deed for themselves and all other meetings of creditors, whenever Meeting of original debt shall revive, and be recoverable aded meeting; or whenever he when to be as if no deed had been executed. Consent dge, on the application of any signee. five creditors, stating in such creditors, tnotes should not be paid at maturity, the 8 shall have notice; or wheninstructions from the creditors; in the notice calling any meeting, by parties executing to the confirmation of the deed so soon as the covenants and conditions of the deed have been performed, and to the re-assignment of the estate to the insolvent. Covenant to idemnify the assignce against loss or damage. Proviso, that thei deed shall be void unless executed by the requisite number within two months from date. called by as certain ruler. e subject to all rules, orders and Assignee to The deed aw, or to the provisions of this Act, be subject to ities was $52,119 45. The total amount of liabil required to be executed he oraritons range my consenting of discharge. Thereupon the following order was re Upon motion made &c., and upon hearing what was alleged by counsel &c. I do order that the aid motion be refused with costs, to be taxed as between solicitor and client, and paid by the said Assignee to the said H. M., as his solicitors forthwith, out of the estate in the hands of the said Assignee. which |