‹ Etude sur l'Acte concernant la faillite, 1864 [microforme]Chapitre 56 sur 59 · 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, All motions, Petitions and Claims, and all papers in the nature of pleadings in Insolvency shall be intituled: In Insolvency for the District of ........ Inthe matter of.......

Insolvent, and ........ Claimant, Petitioner or Applcant, as the case may be, plainly written, without interlineations or abbreviations of words; and the subject or purpose thereof shall be plainly and concisely stated. They shall also be subseribed by theæPetitioner, Applicant or Claimant, or by his Attorney ad Zitem for him. And they shall be subject to the ordinary rules of procedure ofthe Superior Court in respect of similar papers, as regards the names aud designations of the parties, and the mode in which they shall be docketed and filed.

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

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

writing, in a elear, precise and intelligible mauner, and the notes of the verbal evidence taken before the Assignee shall be plainly written, shall be signed by the witness, if he can write and sign his name, and shall be certified by the Assignee as having been sworn before kim: And intbe event of an appeal, the Assignee shall make and certify à transcript from his register, of the proceedings befor:

bim in the matter apacaled from. And he shall also make and certify a list of the documents composing such proccedings and Ataees thereto, and shall annex such transcript an

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. All 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 close of the Estate, be fairly transcribed in Registers suitable therefor, wbich shall be kept and preserved by the Prothonotary, in the same manner as the Registers of proceedings of the Superior Court.

10. No Demand, Petition 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 have be given, and * due return thercof made 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 has been given, may be enlarged by 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 Insolvency, the first and last day shall not be computed, nor any fractions of a day allowed ; and when the last day shall be fall upon a Sunday or Holiday, the tige shall be enlarged to the next juridical day.

13. All affidavits of indebtedness made by a creditor, or by the clerk or agent of a creditor shall set forth the particulars and nature of the debt, with the same degree of certainty and precision as is required in the affidavits to hold to bail in civil process in the Courts of Lower Canada.

14. AI Writsof Attachment issued under the said Act, shall, as issued, be numbered and entered successively by the Clerk in a Book, to which there shall be an Index, and to

which acgess for examination or extraet shall be had gratis, at all times during office hours.

15. Every such Writ shall doseribe the parties thereto, in the same manner as they are described in thé said affidavits of debt ; and the Declaration accompanying the said Writ, shall be similar in its form to the Declarations required to be filed in ordinary guits in the Superior Court.

16, No such Writ shall issue until after the affidavit of debt upon which the Writ is founded, shall have been duly filed in the Clerk’s Office.

17. All services of Waits, Rules, Notices, Warrants and proceedings in Lower Canada, except otherwise specially prescribed by the said Act, may be made by a Bailiffof the Supeior or Circuit Court, whose certificates of service shall be in the form required for servlce of proecss in the said Courts; or by any literate person, who shall certify his service by his affidavit ; and in either 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. Al] services of Writs, Rules, Notices, Warrants or other proceedings, shall be made between the hours of 8 A. M. and 7 P. M.

unless otherwise directed by a Judge or Court upon good cause shown.

19. Writs of attachment 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 Holidays, shall be a juridical day for the return of said Writs, and for judicial and Court proceedings.

21. The Sheriff to whom the Writ of attachmert shall be directed, shall not be required to make any detailed Inventory or procèsverbal of the effects or articles by him attached uader such Writ; but a full and complete Inventory of the Insolvent’s Estate, so attached by the Sheriff, shall be made by the Assignee or person who shall be placed in possesrion thcreof as guardian under such Writ ; by sorting and numbering the books of account papers, documents and vouchers of the Estate, and entering the same, with the other assets, and effects thereof, in detail, in a book for the same, which shall be called ‘“ The Inventory of the Estate of.......... ? and which shall be filed by the said Assignee or person in pos-

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session, on the roturn day of the said Writ, as required by the said Act; and the said Inventory shall be op for examination or extract at all times during office hours, gratis.

22, Immediately upon the execution of the voluntary deed or instrument of assignment to! the Assignee, he shall give notice thereof by advertisement in the form D, of the said Act, requiring, by such notice, all Creditors of the Insolvent to produce before him, within two inonths from the date thereof, their claims, specifying the security therofor, with the vouchers in support of such claims, as required by such notice.

23. The Clerk shall prepare for the Judge or Court, a list of matters pending or ready and fixed for procecding on each day, following therein the order of procedure prescribed by the 4th Rule, which list shall be communicated to the Judge on the previous day.

24. The record of procerdings in each case shall at all times during office hours, be accessible, at the Clerk’s Office, to Creditors and others in interest in such cases, for examination or extract therefrom, gratis. And in like manner the minutes of meetings of Creditors, and the registers of proceedings, together with claims made and the documents in possession of the Assignee, shall also be accessible to Creditors and orthers in interest in the case, «t convenient hours, daily, to be appointed by the said Assignee.

25. The Assignee shall, from time to time, under order of date, and within twenty four hours after the proceedings had before him, file in the said Clerk’s Office, a clear copy under bis signatura as such Assignee, of such proceedings, together with a copy of tho

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several Newspapers and Official Gazette, in which he shall hav: caused notices of such proceëdings to be advertised, which said copy and newspapers shall form part of the record of the particular c.s0,

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