an): (colonial morals. '

CANADA.

THE B‘. NKRUPT BILL. \ ‘._ 3525c Mercury we are indebted for the following the Bankrupt Bill :— - " '-. liillil‘, the old law repealed. , Following classes of persons to be entitled to the benefit ofthe present Act, viz: g All persons being merchants, or using the trade of mer- chandize, bankers, brokers, persons insuring ships or other vessels, or their freight or other matters, against perils of the sea or of inland navigation, builders, carpenters, ship- wrights, keepers of inns, taverns, or hotels, or coffee-houses, millers, lumberers, or ship-owners, and all persons who, ei- ther for themseIVes or as agents or factors for others, seek their living by buying or selling, or by buying and letting for hire, or' by the workmanship ofgoods or commodities, shall be deemed Traders within the scope and meaning of this Act: Provided, that no farmer, grazier, common labourer, or workman for hire, or member of or subscriber to any in- corporated commercial or trading company, established by floyal Charter or Legislative enactment, shall be deemed ‘ ’a'h s’uchua trader liable, by virtue ofthis Act, to become bankrupt. . » What shall he acts of Bankruptcy :—Arrest on mesne prooess in a civil action founded on a proveable demand against a Bankrupt’s estates, bail not being given on or be- fore the day ofthe return ofthe “process; flight froui such ' arrest, imprisonment or confinement upon the limits ofany Provincial gaol, above thirty days, either on mesne process or in execution in any civil action founded as above; escape from such imprisonment; failure to dissolve or supersede an attachment on goods or estate within 20 days after the return thereof; flying the province with fraudulent intent, or concealment therein; fraudulent conveyance of effects, credits, or evidences of debt; procuring collusive arrest or effects to he fraudulently attached, distrained, or sequestrated, or taken in eXecution ; removal or concealment, or causing the same,ofeffects, to prevent their being levied upon or taken in execution. ‘ , A creditor ntay summon a trader before a Judge or Com- missioner, previously swearing to the delivery to the latter

The provisions of this Act not to affect any rights fWO- men, or minors, or any liens, mortgages, or hypothsis 0“ real or personal property, valid by the laws ofthe Prtlncei and not inconsistent with such provisions. ’ _

Judges ofDisti-ict Courts, and the Commissioners apolm- ed under the Ordinance of Lower Canada, cono'ning Baukrupts, may be or act as Commissioners of Banl'uptl- They may be removed by the Gavernor. If the bull!” or the District Court be too extensive, a Commissioneito act concurrently with the Judge may be from time to the ap- pointed, removablo at the Governor’s pleasure. .

Amount of debt of: creditor petitioning for a ComiisSion of Bankruptcy, must be—a single debt of one creditq or of two or more, being partners, £50 or upwards; of m cre- ditors so petitioning £70 or upwards ;oftliree or mor£100 or upwards. Any creditor for a sum payable at a srtain time not arrived when the act of bankruptcy is comiitted may so petition or join in petitioning, whether he haviwrit- ten security for such sum or not.

The Sberiffof a District may be authorized to solo and keep until the appointment ofassignees the real and pesonal estate ofa bankrupt, his books, &c., a creditor maki 3 ap- plication to tho Commissioner for the District in “bib the bankrupt resides or transects his business, at the some time stating the amount and nature of the debt due bim,aid the act of bankruptcy; the'same to be proved on the mth of one witness, not a oreditor of the bankrupt. ~

First meeting of the creditors to be appointed by the Judge or Commissioner.

The Sheriffto give notice in the public prints oftb issu- ing ofthe Commission ofBankruptcy, and also persqal no- tice, if necessary; such notice to appear, likewise, n the Canada Gazette. Sworn testimony of a party to whoa such personal summons should be sent purposely kecpingout of the way, may render it lawful for the Commissionel‘to en- dorse on it an order for its delivery to such party’i wife, servant, or any adult inmate of his family, the purportthere- of, at the same time being explained; which service shall be of the same force as it delivered to the party himsde

Sheriff to take possession ofthe bankrupt’o estate, looks, &c., the bankrupt to disclose to him where such part )f his estate as may be in the possession of others may be l‘tund. The bankrupt to make a schedule of his debts, their niture,

be sold, and the proceeds shall be applied towards the pay- ment ofhis debt, andhe shall be made as a creditor 'for the residue thereof, ifany, and such sale shall be made in such manner as the Judge or Commissioner

creditor and assignce, respectively, shall exocute all such

deeds and papers as may be necessary and proper for ef- fecting the conveyance; and ifthe creditor shall not require

. . h. h , you 3,. . . r such sale, and join in effecting the conveyance, he may re- ing prescription, tow i_c you may give 3 N.“ in . , _ lease and deliver up to the assignee tho promises so bold as fut paper, iryoii think it Will be ofany mum.“ ,0. .2, _’ security, and shall thereupon be admitted as a creditor for and travellers :—-— , u

the whole of his said debt; and iftho said property shall

not be either sold or released, and delivered up as aforesaid, neck in propel-fig" to th. gram”: ofthe {comm

the creditor shall not be allowed to prove any part of his treme cases you may'bIeed hm, a, lqng a. he a .I‘hen draw his head up, as common in drenchtn ’ . . ,

The Commissionor empowered to summon and enforce a spoon put far back on his tongue strong 331W“ .

debt secured thereby.

the attendance of witnesses, by tho like means, and to the him to swallow one pint. Be careful not to M too much.—-'I‘hen anoint round the edges of hj. v' . Convoyances, contracts, &c., made bona fido by the bank- spirits ofturpentine’and Your horse w," be we“. _ A. founder pervades every part of the system‘ * t V .

the party so dealing with him had not at the time of making The phleng arrest 1; from the atomth and ,‘ , “at; the spirits arrest it from the feet and limbs, I

hired horse ninety miles in two days, returning the second day, and his owner would not ha." a .. was foundered, if 1 had not told him, and Met“ ‘ one ofthe deepest kinds. 1 once, in ii travel at?” foundered my horse three times, and 1 did journey was retarded more than one day by the" having in all cases observed and practised m5, scription. ' night on green feed, in the morning he would-1,. ing been purged by the green feed. All foumfim . attended to iiiilnedistely.”—Southweuem Forum -

same extent, as in any of the Superior Courts of Record. rupt, before tho date ofhis commission, to be valid; provided

such conveyance, &c., notice ofany act of bankruptcy before then committed by such bankrupt. _ _ I Payments by the bankrupt, to any croditor, prior to tne date ofhis commission (not being a fraudulent preference), to be valid; and payments in like manner to him. also, to be valid; the creditor not liablo to refund such sum. to the as- signee, or the debtor to make payment to the assignee, pro- viding they knew not, at the time of payment, of tlicbank- ruptcy. ' That no rovendication of goods, sold and delivered to the bankrupt without day or term of payment shall he ~ allowed to the vender thereof, by reason of the nonpayment of the price of the same ; nor shall the vender ot'any goods be en- titled to claim a preference on the proceeds pfsuch goods for the price theroof, by reason oftheir being in the posses- sion ofthe bankrupt at the time ofthe bankruptcy, in the same state and condition as when sold to him; but the vendor may, in case of failure of the purchase, stop in transitu, or reclaim the goods sold by him, and tho price. of which has not been paid to him, as may, under similar circumstxn-- ces, be done according to the law of England,and not other- Wise.

Second meeting ot'creditors to be summonod at a date not

3 inches of soil. But in reclaimingP lands. down to grass, a heavy dressing is often deem . ordinary arable culture considerable quantities gm a shall order; and the cause the soil is deeper in stitfclay soils after am; where there is much vegetable matter, much li profitably added.

“ Sixty Years Ago,” wo find the following afl'egth tion ofa poor old man, Captain Sullivan, attempt; vain, to shoot his superaiinuated horse, the Gr...

tention to shoot the great Mogul himself, and s eh, [Jointed for what, to boys, was, almost a festival; ' A tation was held with the skinner ofthe village, _ to accompany us to the forest, for the purpose of

0" living; " » to

sing,

“his; "

if

Con: iron I. Formosan» HOBIE.—[ send

“ As soon as your horse. is foundered, bleed ' Cln Q

til

l have known a foundercd horse 'i ‘

.Q.—_._.

A Hons: Swim—lo Dr. Roden’o account‘ofu ‘

“A few days afterwards the Captain shooting“:

the execution, and to bring spades for the use ofufi’ ‘ the time arrived, the Captain was ill, and tho ' ‘ deferred—again it was fixed, and again put off; hm became ashamed of his irresolution—and thr . towards sunset. we all marghcd off with tho. _. Bailey spectators of a hanging match. Tho ,- i of spectators soon made an ample grave-tho; one of singular beauty—a deop recess in the wood, ~ over by tall trees, and the sides thickly bordoiiod V

was open only at the western end; and as tho U setting sun streamed up the glen, and markedvtboo“ _ tbs cathedral spire in the distance, they showedjyiw: -

in person, or to some grown person of his family or estab- lishment, at his usual place of business, of his account, in Writing, with a demand for the immediate payment thereofl

The Judge or Commissioner may ask of such trader his admission ofa debt or any and what part thereof, the reply to be in writing and to be fyled; the debtor may be allowed to give a sworn deposition of his having a good answer to his creditor’s demand, or a portion ofit.

Refusal to obey the summons afbresaid, or to make the admission of debt, or t6 give the deposition, or neglect in paying or in giving security to pay the debt, with costs, with- in twenty-one days after the persnual service of the sum- mons, to be deemed, oil the twenty-second day, an act of Bankruptcy z-Proviso, a commission of Bankruptcy shall issue against such trader within two months from the'fyling ofthe creditor’s aflidavit.

A trader refusing to sign the admission required of him shall be deemed to refuse to admit the demand. Discre- tionary power vested in the Commissioner to enlarge the time for calling upon him to make hi admission.

Failure in paying or in tendering payment within twenty- one days after signing admission, to be an act ofBankruptcy on the twenty-second day. Commission of Bankrupt to issue within two months after the fyling ofthe creditor’s affidavit. ,

Admission ofa portion ofa debt, without a declaration of

a good defence to the residue, and non-payment of the amount ofadmission within twenty-one days ofthe fyling thereof, and a settlement by bond or otherwise ofthe resi- due, with costs, within twenty-one days after personal sum- mons. to be an act of Bankruptcy. Commission of Bank- ruptcy must issue as before. 77 Admission o'fa part‘ of the demands; arbitrators may be named to determine the amount due; one by the commis- sioner, one by the debtor, and one by the creditor. Debtor or creditor neglecting to make such nomination, it maybe much. W the Commission. Award to-be paid or settled for within twenrv-one days after the fyling thereof, or to be due w-d an act of Bankruptcy.

Arliiiissions made elsewhere than before a Commissioner to be equally valid, ifdone in the presence ofan Attorney of one ofthe Superior Courts, or ofa Notary commissioned for Lower Canada, who shall be named by the debtor, and act for him,and who shall sign the admission in his profes- sional capacity, as a witness.

Summons to appear dismissed without proceeding there- upon, Commissioner may award costs to the trader sum- moned. .

Defendant to have costs‘of suit when the plaintiff shall not recover the sum for which his affidavit has been fyled: ——provided the Court be satisfied that the plaintiffhad no reasonable ground for making his demand, and that an or- der be given to allow such costs.

And the plaintiffshall, upon such rule or order being made, be disabled from takingr out any execution for the sum re- covered in the said action, unless the same shall exceed (and then in the sum only that the same shall exceed) the amount ofthe taxed costs ofthe defendant; and in case the sum recovered in the said action shall be less than the amount of the costs ofthe defendant, to be taxed as afore- said, that the defendant shall be entitled, after deducting the

’ sum of money rec0vered by the plaintiffin such action, from the amount of his costs, so to be taxed as aforesaid, to take out execution for such costs, in like manner as a defendant miiv now by law have execution for costs in other cases.

Plaintiffhaving a judgment in a personal notion againsta tender, and there being nothingr due from him by way ofset-

ofl'against hisjudgment, iiucli trader not paying or com- pounding within twenty-one days after service of written notice, shall be deemed a Bankrupt on the twenty—second day theroafter. No proceeding shall, lioWover, be had up n such notice, it tho Courtin the meantime stay the executifi, the plaintiff when again in a situation to sue out his execu- tion may proceed again by notice.

Trader refusing to pay money ordered to be paid by a Court of Law or Equity, in any matter of Bankruptcy or Lunacy against him, a plaintiffinay apply to any such Court to fix a peremptory day for payment. Twenty-one clear days’ notice thereof must be served upon such trador, when, ifho shall again neglect to pay, he shall be considered a Bankrupt.

A volpntiiry declaration of inability to meet his engage- ments, signed by a trader, and attested by an Attorney or a

&c., and in any and what kind ofsecurity given for the pay‘ ment thereof; said schedule is to be produced at the first meeting of creditors. ,

Debts to be proved before the Commissioner; creditors to choose one or more assignees.

Creditors may vote by Attorney, after duly proving their claim on oath.

Commissioner may require further proof ofa debt,and may examine on oath the creditors, or their ageutl, and the bankrupt, thereupon :—any supposed creditor or person in- terested in the administration ofthe bankrup_t’s estati dis- satisfied with the Comniissioner’s decision may appial to the Court of Review hereinafter to be described.

In case of failure to electassignees bytbe creditors 3 their first meeting, the Commissioner to appoint them.|

Assignees accepting, to be appointed ‘by an instrument, underthe band and seal of the Commissioner. 7

This instrument to vest in the assignees all the pnperty ofthe bankrupt, real and personal, and any attachmeit upon it on mesne process at the date ofthe Commission shall by it be superseded. Also vests iti them all debts due him or in trust' for him and his right of action for any goods, and his right of redeeming any such goods; and empoweis them to redeem all incumbrances upon his goods or estate, or to sell the same; the estate shall pay for all deeds, &c., elialiling the assignees to recover the debts, &c., due the samo; ifaiiy suit for the recovery ofa debt he pending in the bankrupt’s name at the date ofthe commission, the assigneos may in- tervene and sue in their own names; ifan assignee be re- moved or dies, his successor or the surviving assigriee shall and may proceed in such causes in like manner as above ; if the bankrupt dies after the date of the commission, all pro-

beyond threo months after the date of the commission. Creditors not having proved their debts may then do 30. Bankrupt may then amend the schedqu of ill. creditors, and ball also be attested on oath. . At this second meeting, iftwo-thirds oftho creditors agree to compound with the bankrupt, such agreement shall_be equally binding upon the remaining third; the commissmn of bankruptcy shall cease from tho date of such agreement. The commissioner may appoint a clerk, removeable at his pleasure, who shall make and fyle a record of all pro— ceedings before the said commissioner; such document! to be prima facie evidence in all Courts ofJustice. Commissioner to preside at all meetings of creditors'; has power to adjourn from time to time. _ ' _ Partners failing, commission to issue upon theirjoint stock, and upon the stock of‘each ; except those parts therefrom excepted by law ; the creditor of the firm, and those of each partner, separately, may prove their respective debti; the assignees to be chosen by the creditors of the firm; to keep the two accounts distinct; the assigriees to deduct the-dis- burscinents paid'by them out ofthe whole amount received, then to divide the net proceeds among the creditors of the firm, and the net of each separate estate to the separate cre- ditors ofsuch estates; ifany balance, from either separate estate, to be added to the proceeds ofthe paTtnorship, if ner cessary; if any balance from the partnership estate, to be appropriated, if necessary, among the creditors ofeach sepa- rate estate. ’ _ lft'he assigiiees commence any action or suit for any money due to the bankrupt’s estate, before the nine allowed by, this Act for the bankrupt to dispute the commissmb shall have elapsed, the defendant in any such action or suit shall ceedings shall continue and be valid as if he lived ; and in be entitled, after notice given to the assignees, to pay the that case, his allowance, ifany, shall be paid to his executors, same, or any part thereof, into the Court in which such ac- oi‘id be disposed me-‘orherpro‘peny of which he my rtton‘orsmrmrougtit,“ aria Wiffii’ffie‘ éfifls‘ofsuit up to that be DOSSESIed- \ v/ time, and all proceedings with respect to the money so The duties oftho assignces shall be—to give notice of brought into Court shall thereupon he stayed; and after the their election, and to demand from the sheriff, or others, all time aforesaid shall have elapsed, the assignees shall have the bankrupt‘s estate and property, with which the law may the money paid to them out of the Court., have vested thorn; to collect alldobts, and for that purpose The Commissioner may order payment of wages or sue in their own names; call such property as they deem fit; salary to bankrupt’s clerk or’servant (due before the date of keep an account oftheirtransactions, to which every creditor the commission) for any period not exceeding twelve who shall have proved his debt, shall, at all reasonable times, months. have access; deposit the proceeds in any bank, in theirown names as assignees, or otherwise retain it apart from’ their own monies; shall keep all goods so in trust, likewise, se- parate and distinct; may pay all disbursements incurred in the discharge oftheir duty; may refer to arbitrators to do- cide any controversy in the settlement of demands against the estate—one to be chosen by them, and one by the party disputing; they (the assignecs) shall also have the power, under the direction ofthe Commissioner, to compound and settle such dispute by agreement with the other party there- to. The creditors may (by such n vote as is provided in the 26th section ofthis act for the choico of assignees) on the application ofa majority of those who have proved their debts, remove all or any ofthe assignees, and may choose others in their stead; and all the estate not previouslv disposed ofshall be vested in the newly chosen assignees, and the former shall transfer to them all documents, &;c. Proceedings when the assignees are disposed to sell any por' tion of the bankrupt’s real estate :—'I‘he assignees shall ap- ply to tho Con‘imissioner to name a day for such sale, which day shall be publicly uiado known by advertisement in the Canada Gazette, and in other public journals, and persan having claims upon said estate must make the same known at Ioast fifteen days prior to the day so named 0s above.— Provided :—no sale shall take place earlier than the expira- tion of four calendar months from the first publication there- ofin the Gazette of Canada. . The claim (aforesaid) to be determined by the Commis- sioner; if admitted, the estate to be subject to it and sold accordingly. ll’no claims, or ifélaiiiis be rejected, the sale to take place either publicly or by private arrangement, as the assignees may see fitiand best for the interest ofall par- ties, and their deed of conveyance to have like force with one fi'oma sheriff Proviso :-—an appeal shall be made to the Court of'lleview against any adjudication ofthe Commis- sioner, by the Assigneeof the Bankrupt, or by the: party setting up any such claim to any such estate. I Debts owing to the Bankrupt, at the date of the commis- ston against him, may be proved and allowed, although the