‹ Étude sur l'acte concernant la faillite, 1864Chapitre 36 sur 42 · Appeals · texte numérisé non relu

Appeals

5. Proceedings before a Judge or Court may be conducted by the Insolvent himself, or by any party having interest therein, or by their Attorney ad litem, admitted to practice in Lower Canada, and by no other person.

6. AU motions, Pétitions and Claims, and ail papers in the nature of pleadings in Insolvency shall be intituled : In Insolvency for the

District of In the matter of

Insolvent, and Claimant, Petitioner

or Apphcant, as the case may be, plainiy written, without interlineations or abbreviations of vvords ; and the subject or purpose thereof shall be plainly and concisely stated. They shall also be subscribed by the Petitioner, Applicaat or Claimant, or by his Attorney ad litem for him. And they shall be subject to the ordinary rules of procédure of the Superior Court in respect of similar papers, as regards the names and désignations of the parties, and the mode in jrrhich they shall be docketed und filed.

7. No paper of any description shall be reccived or iiled in any case, unless the same shall be properly numbered and intituled in the case or proceeding to \Thich it may refer or belong ; and be also endorsed with the gênerai description thereof, and with the name of the party or his Attorney ad litem filing the same.

8. In ail appealable matter in dispute, the pretensions of the parties shall be set forth in

writing, in a elear, preoise and intelligible manner, and the notes of the verbal évidence taken before the Assignée shall be plainly written, shall be signed by ihe witness, if he can write and sign his name, and shall be certified by the Assignée as having been sworn before kim- And in the event of an appeal, the Assignée shall make and certify a transcript from his register, of the proceedings befors him in the inatter apaealed from. And he shall also make and certify a list of the documents composing such proceedings and appertaining thereto, and shall annex such transcript and list to such documents with a strong pa; er or parchment cover, before producing the record before the Judge, as required by the said Act.

9. Ail proceedings before a Judge or Court shall be entered daily, in order of date, in a docket of proceedings, to be kept by the Clerk for each case ; and shall, from time to time, and until the clo^e of the Estate, be fairly transcribed in Eegi^ters suitable therefor, which shall be kept and preso-rved by the Prothonotary, in the same manner as the llegisters of proceedings of the Superior Court.

10. No Demand, Pétition or Application of which notice is required to be given, either by the provisions of the said Act or by an order of the Judge or Court, shall be heard until after such notice shall hâve be given, and due return thereof mado and filed in the case.

11. Except where otherwise limited and provided by the said Act, and upon good cause shewn, the proceeding after notice thereof hasbeen given, may be enlargedby the Judge or Court whenever the rights of parties interested may seem to require it for the purpose of justice.

12. Whenever a particular number of days is prescribed for the doing of an Act in Insol vency, the first and last dav shall not be com

which acccss for examination or extract shall be had gratis, at ail times during office hours.

15. Every such Writ shall describe the parties thereto, in the same manner as they are described in tho said affidavits of debt ; and the Déclaration accompanying the said Writ, shall be similar in its forin to the Déclarations required to be filed in ordinary suiîs in the Superior Court.

10. No such Writ shall issue until after the affidavit of debt upon which the Writ is l'ounded. shall hâve bcen dulv filed in the Clerk's Office.

17. Ail services of Writ?, Rules, Notices, Warrants and proceedings in Lower Canada, except otherwise specially prescribed by the said Act, may be made by a Bailifî of the Supeiior or Circuit Court, whose certificates of serrice shall be in the form required for Se rylce of proeess in the said Courts ; or by any hterate person, who shall certify his service by his affidavit ; and in ei'hcr case, the manner, place and time of such service shall be described in words, and also the distance from the place of service to the place of pro ceeding.

18. A1J services of Writs, Rules, Notices, Warrants or other proceedings, shall be made between the hours of 8 k.M. and 7 P. M., unless otherwise directed by a Judge or Court upon good cause shewn.

19. Writs of attachaient need not be called in open Court, but shall be returned on the return day into the Clerk's Office, and shall be there filed for proceedings thereon, as may be advised or directed.

20. Every day except Sundays and Holidiys, shall be a juridical day for the return of said Writs, and for judicial and Court proceedings.

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