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Rules and Orders and Tariff of Fees made by the Circuit Judges of the District of Montreal, under and by virtue of the Statute 9th Victoria, chap. 30, sec. 37, intituled ''An Act to continue and amend the Banhupt Laws now in force in this Province.** »rr I. It is ordered, That the Clerk's Office for pro- ceedings in Bankruptcy shall be held in the Court House in the City of Montreal, and shall be kept open daily, Sundays and the Holidays hereinafter mentioned excepted, from nine A. M to four P. M. in the months from March to September both inclu- sive, and from ten A. M. to four P. M. in the other months of the year. II. That the several days following shall be held to be Holidays in which no proceedings in Bank- ruptcy shall be had, and the Clerk's Office shall not be open, viz :— The Circumcision, Epiphany, An- r.ttmu,.-mr na>-,i.w,t., ■ ...^.^i^/^.:^,.: nunaation Ascension, Good Friday, Her Majesty's Birth Day, Pentecost, Corpus Christi, or Fete Dieu, St. Peter and St. Paul, Assumption, All Saints, Conception, and Christmas Day. III. That the sittings of the Court in Bankruptcy shall commence at ten A. M. .uV' '^r TT "^^"'^'''ty Of proceedings at (he sittmgs of the Court, Summonses returned shall first be cahed, then Petitions and Summary Proceeding's shall be heard, and lastly Commissions and the meetmgs under them, appointed to be held, shall be proceeded with. y Proceedings in Pankruptcy may be conducted by the Bankrupt or the party having interest therein, m person, or when not thereto prevented by the requirements of the said Acts in relation to Bank- ruptcy, by his duly constituted Attorney ad negolia or by an Attorney ad litem, who shall be an admitted Attorney authorized to practice in the Courts of Queen s Bench for that part of this Province here- tofore Lower Canada; but the said Attorneys shall no be allowed to appear, nor be heard in any case until the appointment of the former duly proved or an appearance in writing under the signature of the latter, shall have been filed in the Record of Pro- ceedings in the case. yi. All written Applications, Petitions, Depositions, and other papers m Bankruptcy, required to be fyled ' ' in any case, must be plainly written, without inter- ot (he applicant, petitioner or mover in the matter or his Attorney, must be subscribed in full thereto VII. That every application for a Commission of U e crelmo o r' '"'"''"'=" """■ """P'-'ion of ion and of ,h Tu '" T^^'"'- ^°' ^"<='' Commis- s.on, and ofthe debtor or debtors. Defendant orDe fendants the place ofbusiness ofthe latter auhetim: Thetbl ofdlbt^'r^'^^' "r ■""- -^ ~"f the debt or debts due to such creditor or creditors • how and for what consideration the same arose and' the particular time or times the same accrued df ^hen due; and all acts of Bankruptcy committd by the person or persons against whom such Com mission is prayed, and by which i.rintendedt prove the Bankruptcy. intended to VIII. Any party having objection to make m .!,» granting of a petition made by any Bankruot or ° person in interest in the case' an'da^S o t w cause against such Petition, must fj^e a brief state men, ,n writing of the grounds of objection which' If filed a. the time appointed for the hea 2 Tf h ' Petition shall be a sufficient notice thereof ,o he :::;^beT:r' '"'"^'"' '"^ ^"^^ ""j-"- ^-'ii IX. All objections to Claims made i„ any 6 case shall be in writing, the .^rrounils of objection thereto being briefly set out, and shall be fyled at the time appointed for proof of debts in the case unless the Court shall at any time thereafter see fit to admit the fylingof the said objection, upon good cause shewn, supported by affidavit. X. Whenever in cases not speciplly provided for by the said Acts, a particular time is or shall be pre- scribed by the Court sitting in Bankruptcy or by the Rules of the Court, for notice to be given of any petition, application,or any other proceeding in Bank- ruptcy, the Court may, in its discretion, for good cause shewn upon affidavit, enlarge or lessen or vary the time, whenever the rights of the creditors or other parties interested may, in the opinion of the Court, seem to require it for the purposes of Jus- tice. XI. In all cases in which any particular number of days is prescribed or shall be mentioned in these Rules and Orders or in any other Rule or Order of the Court, for the doing of any Act, the same shall be reckoned exclusive of the first and the last day, and when the last day shall happen to fall on a Sun- day or Holiday, the time shall then be reckoned exclusive of that day also. XII. The Clerk shall prepare and keep a Docket in which shall be entered the proceedings in Bank- ruptcy in all cases, with their respective dates as they occur and with reference by appropriate numbers J » toalify es anil documents exhibited or used .herein- and shall also keep suitable Kogis.er,. into which l' be fairly transcribed im inprr ^on of the Estate of the Bankrupt, and the Deeds Books of Account and papers relating thereto. ■^ '" --'ii itfji'ttflfHiKQi -^■■^"■■'^■■^'- r iii WIft-j rece vmg the sa.d Es.a.e, sort and number the said needs, Books of Account and papers, and enter them said ts ate, and a list thereof shall be by him made and dehvered to the Clerk of the Court, to be Sd m the Record of Proceedings in the case ^ XVII That the Assignee shall, on receipt of Cily, n vhich he shall be held to keep an account exclustveiy for the Ks.a.e, in his name'ls As .Vne" Ihreof, and the Assignee shall, once in every month deliver to the Court an account of the Estate t^ade up to the last day of the preceding month, and"haH therewith exhibit his Cash Book and Bank Pass book, and any other book that the Court may re^ quire, m explanation or support of the said account and such account shall be affirmed by the oad^ of he Assignee and shall show the balance of the K° f ^'h :a"iH'' f ''"'^ " """"'' '"« P-- - -"'-' Shall be withdrawn without an Order of Distribution o dividend of the Estate, or a special orde in he case first entered on the Docket of Proceedings he reason „r occasion whereof in writing shall e'^'aea bv trrrV^ *'"'" ^' '>'«'' =""• """'bered by the Clerk at the lime of entering the Order. ^^m "''"°''\"" "^f '«""•= ^""^fi^' °'- 'li^^harges any mortgage, hypolhtque, conditional contract. 9 pledge or lien of or upon any p;ii t of the estate of the Bankrupt, or shall corujiound any debt owing to or by the Bankrupt under the authority of the said Act, he sliall cause to be fyled in die Record of the Proceediii,o;s,l)is report of (he facts and circumstances of the matter, and obtain from the Court and have entered on the Docket, tiie proper orders therefor. XIX. That all services not specially provided f 'f by the said Acts or by these Rules, shall be made; two days at the least before the expiration of the time for the return of the petition or proceeding ordered to be served. XX. That on the day appointed for the First Meet- ing of Creditorsof the Bankrupt, the Sherifl'charged with the Commission of Bankruptcy shall return the same to the Clerk of the Court, to be fyled of re- cord, together with a copy of the inventory made by him to be delivered to the Assignee, and a copy of each Newspaper, including the Canada Gazetti; in which the First Meeting of the Creditors of the Bankrupt shall have been ordered to be advertised. XXI. That all Petitions presented to the said Judges, for the attendance of any party or parties, and the Fiat directing such attendance thereon, shca, when, served be returned and fyled of record in the case on or before the hearing of the same. XXII. That all claims to or upon any real estate of the Bankrupt, shall be by Petition to the Court B 10 setting forth ,he nature and the particulars of such hearin? of the same, after due notice to all parties nterested and on proof of service of said notice :ardP:r;"^™"^'''°''--^^-r™inTt^ cap. 10. specified in Schedule A. (No. 2) shall h.' sraL'^h'"'', "^^t"' ^"^^''^'"^ I'it Ml surname h.s place of residence or business, or in cases where the debt demanded is claimed to be nam :fr""?T'™' "' "^''' "? - - "- ate such 1 \ ^'""" "■• P"--'"^''' "dding a d „ ace oh' "'' ^'^''^ °' «™ "^ P^^'^ershi; and phce of business as follows (that is to savV John Thompson, for self and partners, trading unde. the style or firm of -at . j • , cases where an affidavit is made by th'e duly accre d. ed and appointed .Agent or Attorney of any Cre- summons cal mg upon a trader to appear accordFu^ to the provisions of the aforesaid Aci, ,he said affi davit shall state that the person making he same t acquainted with the handwriting of the person o persons, if more than one, purporting to si-n the verily believes the signature to the said particulars andnotice.^ f t t XXIV. Such particulars and notice shall be di- rected to the party or parties intended to be sum- inoned, by the name and surname of each of them and by the place of residence, and shall also contain' in the body thereof, a. tatement of the nameornames ol all the persons from whom the debt is claimed to be due, whether the whole of them shall be summoned or not ; or, m case of partners, the style or firm of partnership and place of business, in the same form as mentioned in the last Rule. XXV. The account in such part; lars of demand shall be expressed with reasonable and convenient certamty as to dates and all other matters, and when credit IS given in such account to the debtor the notice shall require payment of the difference or ba- lance only which appears to be due on such account. XXVI. If the affidavit for summoning a debtor under the said Act shall not be filed, in case the Plaintiff (or creditor) reside in this Province, within one calendar month, or in case the Plaintiff (or cre- ditor) reside elsewhere than in this Province, within three calendar months after service of the particu- lars of demand and notice, the V\^mi\S (or creditor) shall not afterwards be at liberty to proceed without serving new particulars of demand and notice. XXVII. Every affidavit made under the said Act shall be intitled, " In the Court of Bankruptcy, For the District of Montreal." 12 XXVIU. Every affidavit for summoning a Debtor under the said Act shall state the nature of the debt with the same degree of certainty and precision as is required in an affidavit to hold to bail in the Court of Queen's Bench. XXIX. Every Summons of a debtor under the said Act shall describe the parties in the same manner as they were described in the particulars of demand and notice, and shall be served four days at least, before the time for such appearance men- tioned in the said Summons and every Sum- mons shall be served between sunrise and sunset, on any day not being Sunday or one of the Holi- days above mentioned; and if such service shall be made on any other day or time of the day than the foregoing, the same shall be ineffectual and void to all intents and purposes whatever. XXX. If the Plaintiff (creditor) shall make default in appearance at the time appointed in that behalf, the Defendant (debtor) shall be entitled to his discharge from the Summons, and a memoran- dum of such discharge shall be endorsed on the Summons. XXXI. If the Defendant shall appear at the time appointed in that behalf, and shall refuse to admit such demand, but shall, as to the whole of the said demand, or part of it, make a deposition on oath in the form required by the said Act, that he believes he has a good defence to the same, the . 13 Defendant shall be entitled to his discharge from the Summons, and a memorandum of such discharge shall be indorsed on the Summons, upon entering into a bond as provided by the said Statutes. XXXII. Any want of compliance on the part of the Plaintiff with these Rules and Orders, in the particulars of demand and notice, and in the affida- vit for summoning the Defendant, and in the Sum- mons and service thereof, or in any or either of such matters, shall be li peine de nullite, ^' XXXIII. Every application to enlarge the time for calling on the Defendant to state whether or not he admits the demand or any part thereof, or for entering into a Bond with sureties, shall be sup- ported by affidavit. XXXIV. Before any Defendant shall be allowed to enter into a Bond, with sureties, according to the provisions of the said Act, he shall give to the Plaintiff or his Attorney a notice in writing, signed by the Defendant or his Attorney, of the Defen- dant's intention so to proceed. XXXV. Such notice of sureties shall be accom- panied with a true copy of the affidavit of suffi- ciency, which affidavit shall be in the following form, viz: — "In the Court of Bankruptcy, For the District of Between Plaintiff, and Defendant. 14 A. B., of of &.C. in the &,c. and C. D. (adding theii places of residence respectively ac- .cording to the particulars set forth in Rule No. 1,) severally make oath and say ; and, first, the said A. B., for himself, saith that he is one of the proposed sureties for the above named Defendant, and that he, the said A. B., resides at aforesaid, and that he is worth pi ^perty in this Province to the amount of £ over and above what will pay and satisfy all his just debts and incumbrances ; that he is not surety in any manner for the abov e named Defendant, or any other per sm, ex ceplontfwpresent occasion, (or if he is surety on any other occasion substitute for the words underlined the following, and every other sum for which he is now su rety. ) And the said C. D., for himself, saith that, (hii^ pursue the same form as with respect to the former surety. XXXVI. The amount of property so sworn to shall be the sum demanded, fractional parts of a pound excepted, and one-half more. XXXVII. The Plaintiff shall be at liberty, within two days after service of notice of sureties, to except to the proposed sureties or either of them, by deli- vering a written notice to the Defendant or his At- torney, to the effect generally that he excepts to such surety (or sureties, as the case may be). XXXVIII. When any such notice of excep- , >v . 15 tion has been served, the Defendant shall then be at liberty to apply to the Judge for an ap- pointment to be signed by him of a time and place when and where the said Judge will attend for the purpose of hearing the parties, and at such time and place the Defendant or his Attorney shall attend with the bond, duly prepared together with the affidavit of sufficiency of the sureties ; and the Plaintiff or his Attorney shall be at liberty to oppose the sureties, or either of them, upon affidavit, on the ground of any defect appearing on the face of the proceedings. XXXIX. The bond shall be taken in a penal sum, to be the amount of double the sum demanded, and shall be executed by the Defendant and both sureties to the Plaintiff, and the form of the condition shall be as follows, that is to say : — Whereas the said — sworn and filed with - (Plaintiff,) and one C. D., by their affidavit — Esquire, one of the Circuit Judges for the District of Montreal on the day of 184— according to an Act passed in the seventh year of the Reign of Queen Victoria, intituled 'An Act to repeal an Ordinance of Lower Canada, intituled ' An Ordinance. concerning Bankrupts, and the administration and distribution of their Estate and Effects,' and to make provision for the same object throughout the Province of Canada,' amended and conti- nued by the Act passed in the ninth year of the Reign of Queen Vic- toria, intituled ' An Act to continue and amend the Bankrupts laws now in force in this Province,' severally deposed as follows, that is to say: the deponent, {Plaintijff,) for himself, said, (here set forth the affidavit for summons). And whereas the said Judge did, upon the filing of such affidavit, issue a Summons according to the said Act which was duly served on the said {Defendant,) on the day of in the year 184~. And whereas the said {Defemiant,) upon .^aa.;^,-...aaS;,^;V . :.- -^.- .,...-,/;^,-,:^yY^;j^||||.j ..J^-^lttii :i;iKftu.„... 16 believed he had a good deCc:^,^^^^^^^^^^^^ for part only of such demand, the sum of T ^ "''T.''' '"^""■''^'°" deposition, according to the said A t.*^\^~~^ ""'^ "^"^ ""' '""^e a defence to the residue of sud" en^;,;^' '" '^'"^^'^^ '^ '"-' « good ''hall not appear at tJ. return of tlTZl^"'' '" ''"'' ''' ^-"^ J^^f^ndant the .sai.l Defendant did no fppc„rt t rr/' '"'"^ ^^-^-^ereas appointed, having no lawfufTnl^ '"'""'°"' «^ ^^^^ ti^no allowed at the sfid time b thrstiTjud '"'^ /r"" '"' ^^ -d (Z>.>.,,„,) ,,, rcue'It'ed he id S'- ^."' ^^''^^'^"^ ^^^^ • """.fo join in the present obi;,nt;„„ *" '^/*"' ^ as sureties for nofco thereof ,„ ,he .aid (PlaiJtn 'TuTv^""''""'^ I"" given i!H3_,.™,M^^,i„„ «.ir,^;'?eeo;^^^^"4f?ii!^^ re.M>.e of .he «a dcid ' 1 ""''^ °'^*'' "'"'' """""I (^^o . CO... a, shall be given tathe'sa^'^rT^ '"''' "^"''" »"^ =«h void, otherwise .1 be a^j Z' ^™ *,?"'™' *'»'»"•>" """I "-^ fore the I,,,lL ""'/"omey may attend be- execution °^^"'"^"'=^- «''* 'he bond, affidavit of su eties and also with an affidavit of the service of no. ce of sureties andtha.no notice of ~ion has been served, and file the same respecXeJ mS\h ''"T "''' "'''"' "'o Defendant shall "•ake the deposition provided for by the said Act, \.> I IT 6 Vict. cap. 10. and either the Plaintiff or Defendant shall desire to have the matter determined by an arbitration, the party desiring such arbitration shall give notice to the other party of such his intention, and upon production of such notice, with an affida- vit of the service thereof upon the party or his Attorney, the Judge shall appoint a time and place when and where he will hear the parties upon a nomination of Arbitrators between the said parties, to arbitrate and award upon the said matters, and the party obtaining such appointment shall serve a copy thereof upon the opposite party at least twenty-four hours before the time appointed. XLII. At the time appointed for the nomi- nation of Arbitrators, the parties shall attend by themselves or by their Attorneys, before the Judge, and the said Judge shall name an Arbitrator, and the said party applying for such arbitration shall next proceed to nominate a second Arbitrator, and then the Creditor shall name a third Arbitrator; and if either of the said parties shall not attend at the time appointed for that purpose, or shall neglect or refuse to name an Arbitrator, then the said Judge or, upon proof of the due service of a copy of his appointment, or upon production of the copy served upon the party, shall name an Arbitrator on behalf of such party not attending, or neglecting or refusing to name an Arbitrator as aforesaid. XLIII. After such nomination, as provided for c 18 by the last Rule, shall have taken place, a memo- randum or minute of such nomination shall be fur- nished to the party making the application, or in case he should be the person not attending, or neglecting or refusing to name an Arbitrator, then to the opposite party, and at the foot of said minute the said Arbitrators shall sign a memorandum of acceptance, which such party shall procure in the form following:— "We, whose names are above mentioned as being nominated Arbitra- tors between the above parties, do hereby accept of such nomination." And such memorandum or minute, together with such acceptance, shall be filed with the Clerk of the Court, and thereupon a Certificate shall be given of such nomination and acceptance in the following form : — " In the Court of Bankruptcy, For the District of I, the undersigned, being one of the Circuit Judges for the District of Montreal, do hereby certify that A. B, of, &c., and C. D., of, &c., and h.. F, of, &c., have been duly chosen and appointed Arbitrators umJer and in pursuance of the provisions of the Statutes now in force relating to Bankrupts, to arbitrate and award between and in respect of the matters contained in the particulars of demand annexed to the affidavit and notice filed with me, according to the said Statutes, and I hereby declare that the said Arbitrators have accepted of such choice and appointment. Given under my hand at this day of in the year of OurLord, 184— . XLIV. In case any of the said Arbitrators so nominated at the time appointed for that purpose, shall declme to accept, or refuse to act, and „ i ^-mm mm a s » ttu t 19 upon the same being made known to the said Jud^e , he shall, then appoint another time and place in manner as provided for in Rule 42, to proceed to nominate another Arbitrator or Arbitrators in place of such person or persons so declining to accept, or refusing to act, and the like proceedings thereupon, and to perfect such choice and appoint- ment, shall take place and be had as provided under the preceding Rules, in relation thereto. XLV. The award to be made by the said Arbi- trators shall be made and filed with the Clerk of the Court, together with an affidavit of the due exe- cution thereof, within such time from the date of the Certificate of the appointment of Arbitrators as afore- said as shall be indorsed upon the said Certificate, or within such further time as the said Judge shall appoint. TARIFF ■^ (? TARIFF OF FEES IN BANKRUPTCY. ^ '\ 1^0. 1 2 3 4 5 6 7 8 9 10 For the Solicitor or Attorney, For drawing and filing each claim, For claims on Real Estate in the nature of an opposition ajin de conserver, if notcontested,... If same be contested, For same on oppositions qfin cCannuller, dis traire et afin de charge, if not contested, If same be contested, To the same for issue and proceedings on sum^ mons only till close thereof, without arbitra- tion, If arbitration be had, an additional, For all proceedings for, and obtaining the Com mission, to return of same, To the Solicitor for conducting the proceed- ings to granting of Certificate, Allowance for extra services to be subject to the discretion of the Judge, For the Sheriff. For each Commission delivered to him, and Re- turn thereof, , All actual disbursements for advertising, all disbursements for taking charge of the es tate until delivered to the Assignee to be subject to the discretion of the Judge, All services of Summons Orders or Rules, Mileage in all cases, for each league distance from the Court House, out and in, s. 11 3 10 10 10 11 10 10 D. 8 4 I. SI D. 8 4 i. X No. 5 6 7 8 For each day's seizure under the Commission of Bankruptcy, For taking Inventory of the Estate, and Copy, For executing every Warrant of Attachment,... Poundage.— One per cent on the proceeds of' Personal Estate received by the SheritFl amounting to £1,000, and on such proceeds exceeding £l,00O,poundage of 1^, per cent pro- vide' uch last poundage do not exceed £20, Cy., the said poundage payable to the sheriff! as the Estate shall be realized, To the Clerk of the Bankrupt Courty his fees as specially allowed by the Statute. For copies of papers when required or neces- sary, per folio of 100 words, For every List of Debts proved at several meet- ings, For Record of proceedings in cases of Summonses, For Record and Register of Proceeding, on each Commission, subject to the discretion of the Judge, For every Writ of Attachment,.., For drawing each Order of Distribution or Di- vidend, 8, 15 10 5 D. 2 10 1 S\ 6 6 , 1 • I RULE FOR THE COURT OF REVIEW. All applications to the Court of Review whe- t! P ^ .^Tu ^^^ "">' ^'^^' o*- Judgment of he Court of Bankruptcy, or for or against the al- lowance or confirmation of the Certificate of Dis- char^e^shalL ,r every case, be in writing by Summary Petition, settmg forth the special grounds of appeal, or application or objection, as the case may be jnoi^ shall any Petition against the allowance of a Certi- ficate be allowed to be received or heard, unless the same be affirmed by the oath of the Petitioner or his Attorney, and accompanied with affidavits in support thereof; which sai(f Petilion and affidavits shall be fyled in the Office of the Prothonotarv of the Court of Review, four days before the day ad- verlised for the application of the allowance of Cer- tificate, which said fyling shall be sufficient notice to the Bankrupt applying for the said allowance : and no Petition shall be received against the allow- ance of such Certificate, unless the said Petition and affidavits m support thereof be so fyled, in default whereof such certificate shall be forthwith allowed and confirmed on application therefor. Unless the said Court of Review shall otherwise order on suffi- cient cause shewn supported by affidavits. No. 1 FEES FOR COURT OF REVIEW. To the Solicitor of Bankrupt. To the same for obtaining allowance of Certi- ficate in Court of Review, if not contested,.. If the same be contested, an additional, To the Prothonotaries. For each allowance of Certificate in Court of Review on filing petition thereof, £ 3. 3 10 2 10 1 5 D. ii^&4i#»'