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ARsriiACV -OF rm: mill FOR tup
AMwmm-T OF rm: ixswvlT
Powers of hsdmicij Commt'stioiKrs, i-c. I
T»K commissioners are to have powers of Court 1
1 of Record in their respective districts.
The Chief Commissioner in to make rules sub-1
Sect to the approval of the Chief Justice of the. I
Supreme Court-Hula to-bo laid before parlii-1
meat. i
Appeal to, Supremo Court provided for.' : I
A Commissioner may direct nueattous of fact
to V decided' By a jury-and have powers of
Supreme Court as to new trials subject to appeal.
Questions of fact to be tried to be reduced into
writing ty Commissioner, who : is to have the
power of a Judge of the Supremo Court sitting at
nisi prim.
A Commissioner witU consent of parties may
himself try question of fact without a jury.
Of the Ojjicial Asiigntcs,
The official, to act as -L;ole assignee
until creditor's assignee cfciscn-'rhe power of the
official assignee 9T"" property of a perishable
naiure is not to interfere will* creditors' assignee
in certain cases.
Official assignee b not to bo pcreoually liable
for acta done in execution of his duty.
Ou the death or removal ot an official assignee
the new assignee is to act in each insolvency.
Aits of liisoh'rury in ycHmi!.
Any debtor departing the colony, absenting
himself from or beginning tn fceep house, yielding
to prison arrest, atticlm.eut or execution; making
fraudulent conveyance, ^-it, delivery, or transfer.
Conveyance oi all 'delta's property not to be
deem< d a« act of insolvency unless a petition for
sequestration be filed within three month-.
Lying iu prison or escaping out, uf prison.
Viling a declaration oi insolvency.
Compounding with petitioning creditor-Se
questration order may either lis discharged or
declared valid.
Any judgment debtor not paving security, or
commiiliiii; with plaintii!'.
Any debtor dtsowyhn; order (or payment of
mor.t-y ^evvxe oi peremptoiv oniwr tor pay.
merit on a certain day.
Filing petition for arrangement between a
debtor and his creditors.
Atli of h>i'.K!icij (?;/ after
Xiuai/ioiis.
Upr.n any creditor making affidavit o! bis debt,
and ut his having given notice ra|«iriiij imme
diate payment the Cowuiisjioner may summou
debtor.
Any debtor nnt nttend'mi! a summons or reins,
inj tii admit llit> demnnd aud>.ot paytug ov cn«v
V
?taaSHEfca*
securing, or compounding «"»»'
an act o£ insolvency. _ t "f i dcmaud.
Any debtor admitting part onlj of^dcimua,
and not paying tke »u» !ld,mUea;.TVLml o
residue not paving the same" on S"'"?
pay the satno if recovered in an action, with coats,
'"The rammfsaioner may enlarge the time for ad
WTdmfeion'of debt'sigued elsewhere tlunbefore
the commissioner, if attested by debtor a solicitoi,
to have the same force as au admission signed
before the commissioner.
^The commissioner may award costs to the credi
tor or the debtor summoned.
If a creditor bring an action and do not recover
amount sworn to in his affidavit of debt, and if the
affidavit be made for such amount without proba
ble cause, the defendant in the action shall be en
titled to costs.
Of procedure to obtain Order for frquestrution.
All proceedings in insolvency are to originate by
^Petitions to be prosecuted before the Commis
sioner within whose district debtor may have
resided or carried on business for six months be
fore petitiou, except upon special order. _ ?
The amount of petitioning creditor s debt may
be payable at a future time though security lias
been given. . .
An authorised public officer may be petitioning
creditor. .
A debtor may petition for sequestration against
himself upon delivering to commissioner Eccurity
for fees of court. .
If an order for sequestration be not obtained
within three days after petition, any other cre
ditor or the person iudebted may proceed in it.
Petitions may be presented against one or more
partners in a firm, and petitions against two or
more persons may be dismissed as to one without
affecting the rest.
Where some partnera are out of the colony,
partners within the colony are to represent the en
tiro firm. The insolvency of the fmn'not to be
' [Solvency of individual partners.
If any person, or any partner of a firm,_ carry
ing on.biisinoja iu;the colony, be not resident in
the colony, the agent of such person or firm is to
represent him or them.
In case of a second or other petition against one
or more members of a firm, the same shall be
prosecuted in the district in which the first was
prosecuted
lu case the debtor petitioned against bo about
to quit tho colony or to conceal his noods with in*
tent to defraud his creditors, ho may be arrested
and his goods seized-The debtor so arrested may
apply to the Commissioner for hisdiscliai^e forth
with.
The Commissioner before giving order for se
questration may summon witnesses to prove act
of insolvency-Persons not appearing when sum
moned may be brought up by warrant..
Order for Sequestration and proceedings thereunder.
The commissioner is to make order for seques
tration upon proof.
In case the petitioning creditor's debt be in
sufficient, tho commissioner may proceed upou
the application of any other creditor whose debt
is sufficient-On an order for sequestration being
made, the messenger is to tike and retain posses
sion of insolvent's estate.
The insolvent is to have notice thereof before
advertisement of order, and is to' lie allowed seven
dajs, or such extended time not exceeding four
teen days, as the commissioner shall think fit, to
shew cause against order.
The insolvent is to surrender and conform
The order may with' insolvent's consent bo adver
tised before the expiration of the time allowed for
shewing cause.
The insolvent is to deliver up his,books of ac
count to official assignee upon oath-To attend
assignees-To be at liberty to inspect books, Jcc
After allowance of certificate to attend assignees
in settling accounts.
Search warrants may be grauted
No action is to' be brought against persons
acting in obedience to warrants of the Commis
sioner.
Proof in such actions that defeudaut is peti
tioning creditor sufficient to render him liable.
Messengers may break open the insolvent's
doors and seize upon his body or property.
Insolvents arrested are to be discharged 011 pro
during protection.
Insolvents in custody to be discharged 011 sur
render and conforming.
Tho petitioning creditor is to proceed at his
own coat until choice of assiguees.
The order for sequestration is not to be re
versed by reason only of concert &c.
The Commissioner may proceed notwithstand
ing death of insolvent.
The Commissioner may summon and examine
insolvent and his wife
If insolvent be keeping out of the way, or be
about to quit the colony, Commissioner may issue
warrant.
Compulsoiy surrender is to be deemed equiva
lent to surrender.
The Commissioner is empowered to summon
person suspected of having the insolvent's pro
perty.
In case of debts admitted to lie due to the in
solvent's estate, commissioner may order payment
-To have the effect of a judgment-presence of
solicitor necessary on behalf of person makin" ad
mission. °
The commissioner may order letters addressed
to insolvent to be re-directed or delivered to official
assignee.
Of the consequences of adjudication over certain
descriptions of property.
Goods in the possession or disposition of the in
solvent to be deemed his property-proviso for
assignment of vessels, &c.
The commissioner is to be empowered to order
transfers of funds andstock standing in insolvent's
name.
Distress not to be available for more than six
months1 rent due, and the landlord to prove for
the residue.
Where the insolvent is trustee the Supreme
anothertaut"'61 COnVt!J'auue or assignment to
Titles to property sold are not to be impeached
uules5 proceedings be taken to annul. '
The Commissioner after sequestration may
order treasury or agent of tho insolvent to deliver
all money, to.
Of '-Dwuactioiu not affected by Insolrencti.
Payments, conveyances, contracts, Sc., execu
tion against lands aud goods (if executed by
seisure and sale), to be valid, if no notice of them
be inado prior to act of insolvency.
Exception in the case of payments by way ot
fraudulent preference-Co^ fule purclLera not
to be impeached by notice of act of insolvency
unless order for sequestration be made within
twelve months after act of insolvency.
Of Warrants of Attorney, Silts of Sale, iv
Certain warrants of attorney, cognovits, and
consents to judge's orders given, and jud-4cT
m °f attorno.y-iHld coSnov't actionem not
^triqSrarrtgood3of iusoira,t
Warrants of attorney to be filed
copy thereof be filed within tKenty,m d " ' ^
manner as warrants of attorn/y audUZf
Of Hills of Salt.
Bills of sale to he void unless tl*e same be filed
o7at:ry'°"a-V3iulLkeuamKrKT
Office copies or cktraots to be given on paving
as copies of judgments. ^ ^
Joint creditors are entitled to prove under »».
of J^a0rlhepUrlMSe"f V0''"8in the choL
personal and real estate to vest in assignees
Ihe commissioner may renuim V
insolvent tf his property out of the colony'00 ?
_rhe registration of. certificate of appointment
of assignees is to have effect of «r
conveyance from the insolvent to Xis^si^coV
;nsteenrmrt#0t0POlhW,T?SC^
The insolvent is not liable to rents and
decline the agreement for sale - 01
«h5p?". T< .»"'*'* '«W U,».
i.Kr;S:;s
properlyf1T SQ" for'the
"Mortgages may be redeemed by assignees.
Assignee may appoint, tho insolvent to super
intend the mtuvagemont of thy estate.
Assignees are to be subject to orders of the
commissioner.
In case of a member of a Jinn becoming insol
vent, the commissioner may authorize action or
suit in the name of the assignees and of the re
maining partn^v-the puttier to have notice and
bo at liberty to'show eause-Commissioner may
direct partner to have part of thu proceeds.
Assignees may insitute or defend actions at
law, may take compensation and refer disputes
and cell debts due to insolvent's estate.
An agreement to refer is to be a rule of the
Supreme Court.
Books, paper?, &c, of insolvent may bo des
troyed.
If the ordtxr for senmstrsuion be di^ehareed,
persons dealing v.ilU' tlas assignees to be pro.
Lectod.
If an assignee indebted to insolvent's estate
become insolvent, \m certificate not to boar
claims for such debt.
Suits not to abate by removal of iv^i^nK-s.
If the assignees commence action before the
time allowed to dispute the insolvency has
olapscd, debtor to the estate may pay money
into court.
Commissioner may determine difference he.
tween assignees creditors, fcc.
Of tke M fii/HJi w'/oii.
The Commissionev » to appoint u\c:ttos
exaftiinaUw.
The insolvent in to prmwe anl file * staUuwnt
u\ ;i(^aunU4 - - .'* - ..«1
' Statements of accounts aro to ba open to eredi
ors. >
.Commissioner may adjourn list examination
sine die.
; If the insolvent be m prison or iu custodv, the
commissioner may nppoiut a persou to attend him
ivith' Ijooks,- papers, 4c., to enable liim to prepare
statement.
Of proafofdeilsand payments in full.
Tlie Commissioner idot examine as to proof
viva voce or by interrogatories.
Bona fide creditors^ in respect of debt3 con.
tmctod after an act of insolvency may prove.
' Commissioner may order three mouths' waaej
or salary to clerks or servant!) not exceeding fifty
pounds.
Commissioner may order wages not exceediu?
four pounds to laborer or workman.
Apprentices to insolvent are to lie discharged
from their indenture?-The Commissioner may
order any turn to be paid in respect of apprentice
fees.
Mutual debts and credits may be set oil'not.
withstanding prior act of insolvency.
Debts not payable at the time of the insolvency
may be proved, deducting the rebate interest.
Sureties and jiersons liable for the debts o! aa
insolvent may prove after having paid such debts
Obligees .in bottomry or respondentia bonds M(j
assured in policy of insurance, admitted to claim
audafter loss to prove... Persons effecting insurance
admitted to provo loss.
Annuity creditors admitted to prove.
Sureties for payment of annuities granted by
insolvent to come in under the insolvency.
Liability contingents at this insolvency may bf
admitted to claim; and after contingency luj
happened, and the demand has been ascertained
demand may be proved. ? '
Debt contingent at the time of the insolvency to
lie. provable for the value thereof ascertained by
the commissioner; or, if value not ascertained he.
fore the contingency has happened, then after the
contingency has happened, amount of debt inavbe
proved.
Proving debt is to be deemed an election not to
proceed against the insolvent by action.'
Commissioner may cxpungo any debts which
after investigation do not appear to be due.
Creditors having security aro not to receive more
than other creditors.
- £ , Of the Dividend. .'
There is to be no dividend without previous
audit.
The final dividend is to be within eighteen
months, except where suit depending or estate
standing out, Sc. Outstanding debts may be
sold by the assignees after a certain time under
the oriler of the court.
A debtor and creditor account is to be fur.
nished by official assignee to creditor's assignee
before final dividend. °
Ifo action is to be brought for dividends hut
the remedy to bo by application to the com
missioner.
Of unclaimed Dividends.
Unclaimed dividends are to be paid into her
Majesty's Treasury.
Of allowance to insolvents.
An allowance is to be made to insolvent for
maintenance out of proceeds of his estate
Allowance not to be made until after notice and
hearing by Commissioner.
If the produce of the estate pay twenty shil
lings in the pound and leave surplus, such sur
plus to be paid to insolvent after paving interest
Ti bebis.
The insolvent may retain implements of trade
not exceeding fifty pounds.
An inventory and valuation of the insolvent's
household furniture to be made, which shall not
be sold without the order of the court.
Of the Certificate of Conformity.
The certificate is to be under hand and seal
and to discharge insolvent from all debts du?
by him when he may became insolvent.
The insolvent is not to be entitled to certifi.
cate if he has lost by gaming ticenty pounds in
one day, or two hundred pounds within tvtlve
mouths, or to hundred pounds by stock-jabbing
-Or disclosing proof of any fake debt-Or he
ing guilty of offences agaiust insolvency law.
The certificate 13 to be suspended iu certain
cases-such a3 obtaining forbearance of creditors
by fraud-Fraudulent preference-Accounting for
property by fictitious losses-Vexatiously defend
ing any action Omitting to keep books or keep,
ing them imperfectly
Any contract or security to induce creditors to
forbear opposition to be void.
Certificates may be recalled.
Tho insolvents not to be liable upon any pro
rnise to pay debt discharged by certificate.
Certificate not to be delivered to insolvent uutit
after the expiration of time for appeal, and if
appeal be duly entered the certificate 'is to be
further kept, by the commissioner to abide th«
judgment of the Supreme Court.
Allowauce of the certificate and rcfus.il or sua
pension thereof, except in case of appeal is to bt
final and conclusive unless obtained fraudulently.
Of arrangements wider the control of the
Commissioner.
Any person unable to meet his arrangement*
with lus creditors may petition the commissioner
affidavit T' ' Petitiou to 1)8 supported by
Persons petitioning must ffle account, ten daya
before the day appointed for private sitting and
furnish the official assignee with a copy.
1 "le ,'i^t meetinx creditors may prove their
debts, and if three-fifths in number and value of
those WJO havo proved debts to the amount of
twenty pounds and upwards assent to tho proposal,
the sitting for confirmation is to be appointed.
If at a second sitting three fifths in number and
value of the creditors who have proved debts to
the value of twenty pounds and upwards agree to
accept resolution to be binding on all; and the
commissioner, if he think the proposal reasonable
and proper to be executed, is to approve and con
hrm the same.
. Estates are to be vested in official assignee either
alone or (if required by resolution), jointly with
any other person. 1
mmiths0'^'^ aS3'®neo18 "'e accounts every si*
. If any difficulty ariso in the execution of sny
resolution, a special meeting may be held.
. ,. ,n a or agreement has been car
ned into effect the commissioner is togivepeti
tan,5; debtora certificate thereof, auds^ch certi
ficate is to operate aa a certificate of conformitv.
fi.il ^mir"Tner 011 beinS satisfied that the of
trust
Kn!i"nft?ir60n petitioning do not attend the sit
co.ml f ° T?m,:?uonw. or if he do not file his ac
thr w .-H '10.1,'1-3 t0 be ^missed, and'if at
or ^ the proposal be not assented to,
?v . ^beeu ccmtMctcd by fraud, or
JoverrP »h ned.el)t°r 11331101 tr«e lllV
0t'!° ^mmissiouer may make order for
equestration and appoint public meetings.
If after sequestration three-fourths iu number
^me^llhlL^he'S.^^ e0n,*0B'fi0D' t,,#
Meetings.
_ The official or ereditor'sassignce may call meet
ings of creditors. J
^Creditors may appoint proxies, and those ap<
p armg y proxy to be considered as present.
Evidence.
_JE 'he insolvent do not dispute the order for
^ Gaulle is to be conclusive evi
and InsolTency "gainst the insolvent,
in S , . Persons whom the insolvent might
have sued, had order nofbeeu made.
intr nmWii aC-UT by or person act
aUhe frill f m??'fei!ey>'no proof to be required
insnlli "^ petitioning creditor's debt or act o£
1 I f Uotice be Kivm that these mat
tors are to be disputed.
eom-Ykf''1rnf a witness, the deposition or office
TOP} thereof to be evidence.
davit' CUC' ^ n v'va voce or U1'0D ri®"
«J^dSS"on!,nd hi3w!foani t0 ««»«
0/ Costs.
...lj'v ,?,0,^?T0ner T a" eases award costs,
bv -l n,i"' m? recoverc(l as if they were awarded.
w- Supreme Court.
hive1^?8 °J per80Da kllawo or suspected to
costs of alundanr1'6'^ ^ * * ent',tle,1 l°
V Offences against Iks Law of [nsofcciKjt.
urilnw'=U> 110k ""Hindering or not delivering
ber/lin^t-i' 01 rcraov'nff> concealing, or em
Tim r-nm .' °r ^^tracting debts by fraud it',
offenders tnTl'8810'"''1.13 *)1Te l,omr to commit
Court' ' cr"Qlllai sittings at the Supreme
an^I'?0n rt'sinR be sworn.or refusing
to Bicn'pYim-110!- y ,,lnswering, or refiuing
bo eomSr ' T 1,r°Jucc ^ m
v^'ST d',Soboyi."8 a direction to pay or in
assimea tn A.?" "'""""S >t, or permitting eo
3v " T W !t ta bechai-ged with
wenty per cent on the amount.
?niUcTto^f, ying.,My ruJe or ^er to be com
sa "5 ?s - «tt; essts
for Ecinostr-si* a'1Pear tlwt the petition or order
«laa'liciouslv °'tbla3 rilc'lor.oWllille<l fraudulently
faction "' colullnfsioiier.inay order satis*
cffcct,-8,l~10 iwf"
to fo^Kir'" '""".ej'' goods, Ac, as an inducement
of certify \t"'1',0Sltl011' or lo consent to allowance
C.vvi:snis5[.-Crime of every description r|
quite prevalent iu this locality. It is covniuitte"
with irapunity in day light-for instance taking
two horses from their tethers in the day
walking i.tV with them quietly in presence of the
owner.-, i« rather much of a Rood thing: still r
was alK'iVtid to be dene. Mr M'GiU, a neighW,ul*
i»;^ settler, was visited by a gang of the ni.ii'iiudera
they tried hard opposite the owner to catch a Mol>
of l«s -.nul this they repeated tlie second
nielit. Vailing to .sc-rnro tho horses, they
made acquaintance with fov" ot his kwMIm!
they \veie found hurne:l next morning.
will not bo surprised to hear something ot
more ylitino; description perpi'trati'd next.
suppose tV.o Ciijvcrnment would scarce conde
scend tu svace stie.h a place as the Wannon Wi'l'
a pair of troopers. Wo aro snfoimed that th&
horse-stcalers couhl have been accured on the
second night, but owing t» some cowariilintw otv
tho par, of the wiitohcrs they were allowed to
go off tho field \\mnoUsted,~Comn\OTicn(w w
'.lie (Vii'i.-ilom,
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