The Insolvent Act of 1864, with Notes, Together with the Rules of Practice and the Tariff of Fees for Lower Canada

G. Desbarats and M. Cameron, printer to the Queen, 1864 - 118 pages

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Page 47 - ... with interest at the rate of three per centum per annum from the date of...
Page 63 - ... of the creditors therein mentioned obtaining the same dividend as other creditors upon his estate, or which appear by any claim subsequently furnished to the assignee ; whether such debts be exigible or not at the time of his insolvency...
Page 75 - Serrice of clear juridical day's notice of any petition, motion, order or rule, shall be sufficient if the party notified resides within fifteen miles of the place where the proceeding is to be taken ; and one extra day shall be sufficient allowance for each additional fifteen miles of distance between the place of service and...
Page 91 - I am the claimant (or, the duly authorized agent of the claimant in this behalf, and have a personal knowledge of the matter hereinafter deposed to, or a member of the firm of claimants in the matter, and the said firm is composed of myself and of EF of ) 2.
Page 76 - ... or other pleading under this Act, the parties may state the facts upon which they rely, in plain and concise language, to the interpretation of which the rules of construction applicable to such language in the ordinary transactions of life shall apply.
Page 84 - ... 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.
Page 35 - ... shall keep a list of the debts to be sold, open to inspection at his office, and shall also give free access to all documents and vouchers explanatory of such debts ; but all debts amounting to more than one hundred dollars shall be sold separately, except as herein otherwise provided ; 5.
Page 76 - ... and no pleading or proceeding shall be void by reason • of any irregularity or default which can or may be amended or disregarded under the rules and practice of the court.
Page 56 - ... to any creditor, whereby such creditor obtains or will obtain an unjust preference over the other creditors, such sale, deposit, pledge, transfer, or payment, shall be null and void...
Page 80 - Creditor" shall mean every person, co- Creditor. partnership or company to whom the Insolvent is liable, whether primarily or secondarily, and whether as principal or surety...

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