페이지 이미지
PDF
ePub

ninth chapter of the Consolidated Statutes for Lower Canada, and by the Act intituled: An Act to make provision for the erection or repair of Court Houses and Gaols at certain places in Lower Canada, (12 Vic., cap. 112.)

13. This Act shall be called and known as "The Insolvent Short title. Act of 1864," and shall come into force and take effect on and after the first day of September next.

FORM A.

INSOLVENT ACT OF 1864.

in

The Creditors of the undersigned are notified to meet at

on

at (eight) o'clock

the

th day of for the purpose of receiving statements of his affairs, and of naming an Assignee to whom he may make an assignment under the above Act.

(Domicile of debtor, and date.)

(Signature.)

(The following is to be added to the notices sent by post.)

The Creditors holding direct claims and indirect claims, maturing before the meeting, for one hundred dollars each and upwards, are as follows: (names of Creditors and amount due). and the aggregate of claims under one hundred dollars is $

Domicile of debtor, and date.)

(Signature.)

FORM

FORM B.

INSOLVENT ACT OF 1864.

In the matter of A. B., an insolvent.

Schedule of Creditors.

1. Direct Liabilities.

Name. Residence. Nature of Debt. Amount.

Total.

2. Indirect liabilities, maturing before the day fixed for the first meeting of creditors.

Name. Residence. Nature of Debt. Amount.

3. Indirect liabilities, maturing after the day fixed for the first meeting of creditors.

Name. Residence. Nature of Debt. Amount.

4. Negotiable paper, the holders of which are unknown.

Name Date. of Maker.

Names

liable to When due. Amount. Insolvent.

PROVINCE

PROVINCE OF CANADA,

DISTRICT (or County)

INSOLVENT ACT OF 1864.

I, A. B., the above named insolvent, being duly sworn, depose and say:

1. That to the best of my knowledge and belief, and according to my books, the above schedule contains a true and correct list of my liabilities, according to its purport, and that each of such liabilities is correctly classified therein.

2. That all of the above-mentioned liabilities are honestly due by me and that none of them were created or have been increased with the intention of giving to the creditor thereof any advantage either in voting at meetings of creditors, or in ranking on my estate. And I have signed.

[blocks in formation]

before the undersigned notaries

came and appeared

of the first part, and

of the second part, which said parties declared to us Notaries.

That under the provisions of "the Insolvent Act of 1864" the said party of the first part, being insolvent, has voluntarily assigned and hereby does voluntarily assign to the said party of the second part, accepting thereof as assignee under the said Act, and for the purposes therein provided, all his estate and effects real and personal of every nature and kind whatsoever.

To have and to hold to the party of the second part as assignee for the purposes and under the Act aforesaid.

And a duplicate of the list of creditors exhibited at the first meeting of his creditors, by the said party of the first part, is hereto annexed.

[merged small][merged small][ocr errors][merged small]
[blocks in formation]

The creditors of the insolvent are notified that he has made an assignment of his estate and effects, under the above Act, to me, the undersigned assignee, and they are required to furnish me, within two months from this date, with their claims, specifying the security they hold, if any, and the value of it; and if none, stating the fact; the whole attested under oath, with the vouchers in support of such claims.

[blocks in formation]

You are hereby required to make an assignment of your estate and effects under the above Act, for the benefit of your

creditors.

[blocks in formation]

I, A. B. −, (name, residence and description) being duly sworn, depose and say:

1. I am the Plaintiff in this cause (or one of the Plaintiffs, or the clerk, or the agent of the Plaintiff in this cause duly authorized for the purposes hereof;

2. The defendant is indebted to the Plaintiff (or as the case may be) in the sum of dollars currency for, (state concisely and clearly the nature of the debt);

3. To the best of my knowledge and belief the defendant is insolvent within the meaning of the Insolvent Act of 1864, and has rendered himself liable to have his estate placed in compulsory liquidation under the above mentioned Act; and my reasons for so believing are as follows: (state concisely the facts relied upon as rendering the debtor insolvent, and as subjecting his estate to be placed in compulsory liquidation.)

And I have signed; (or I declare that I cannot sign,) this 186.).

day of

and if the deponent cannot sign, add the foregoing affidavit having been first read over by me to the deponent.

PROVINCE OF
CANADA,

(FORM G.)

INSOLVENT ACT OF 1864.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and District of Quebec.) Ireland, Queen, Defender of the Faith.

No.

To the Sheriff of our District (or County) of

WE Command you at the instance of

GREETING:

to attach the estate and effects, moneys and securities for money, vouchers, and all the office and business papers and documents of every kind and nature whatsoever

of and belonging to

if the same shall be found in (name of district or other territorial jurisdiction) and the same so attached, safely to hold, keep and detain in your charge and custody, until the attachment thereof, which shall be so made under and by virtue of this Writ, shall be determined in due course of Law.

We command you also to summon the said to be and appear before Us, in our

at on the

trict) of
then and there to answer the said

Court for

[blocks in formation]

of the plaint contained in the declaration hereto annexed, and further to do and receive what, in our said Court before Us,

« 이전계속 »