amount of his property, and an inventory of the same, and o the debts owing to him with their dates as nearly as such dates can be stated, and the names of his debtors, and the nature of the security (if any,) which he has for such debts and that the said Schedule also contains a balance-sheet of so much of his receipts and expenditure as is required by this Honorable Court in that behalf, and doth fully and truly describe the wearing apparel, bedding and other necessaries of your Petitioner and his family, and his working tools and implements;

4. That your Petitioner has not parted with or changed any of his property (except for the necessary support of himself and his family, and the necessary expenses (not exceeding dollars) of this his Petition, or in the ordinary course of trade,) at any time within three months of the date of filing this his Petition, or at any time with a view to this Petition;

5. That your Petitioner is desirous that his estate should be administered under the protection and direction of this Honorable Court, and that he verily believes such estate is of the value of dollars at the least, unencumbered, and beyond the value of his wearing apparel and other matter, which your Petitioner is authorized to except by law, and that the same is available for the benefit of his creditors;

6. That your Petitioner submits to this Honorable Court the proposal for the payment of his debts contained in the said Schedule. (Omit this paragraph if no special proposal ;)

7. That your Petitioner is ready and willing to be examined from time to time touching his estate and effects, and to make a full and true disclosure and discovery of the same;

8. Your Petitioner, therefore, prays such relief in the premises as, by the Statute for the relief of Insolvent Debtors, may be adjudged by this Honorable Court.

A. B., of the Petitioner named in the Petition hereunto annexed (if the Petitioner affirm, alter accordingly,) maketh oath and saith-That the several allegations in the said

Petition,

Petition, and the several matters contained in the Schedule hereunto annexed, are true.

having pre

Be it remembered that the said sented his Petition for protection from process to this Honorable Court, and such Petition having been duly filed in Court, and the said Petitioner having duly appeared and been examined touching his debts, estate and effects; and it appearing that the said by virtue of the Statute in that case made and provided, is entitled to the protection of his person from being taken or detained under any Process whatever in respect of the several debts and claims hereinafter mentioned, a final Order is hereby made to protect the person of the said

from being taken or detained under any Process whatever in respect of the several debts or sums of money due or claimed to be due after the time of filing his Petition from the said Petitioner, to the several persons named in his Schedule as creditors or as claiming to be creditors for the same respectively, or for which such persons had given credit to the said Petitioner before the time of filing his Petition and which were not then payable and as to the claims of all other persons not known to the said Petitioner, at the time of making this Order who may be endorsees or holders of any negotiable security set forth in his said Schedule; and it is hereby directed, that the proposal of the said Petitioner, set forth in his Petition, for the payment of his debts, be carried into effect in the following manner, that is to say: (here state particularly the manner in which the same is to be carried into effect.)

Given under my hand, this

one thousand eight hundred and

(Signed,)

day of

Judge of the County Court of the County of

CAP.

CAP. XIX.

An Act respecting the Division Courts.

HER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts a

follows:

Interpretation

of certain

words.

Continuing clause.

Number of
Courts iu
Counties and
Cities.

Each Court to have a Seal.

Not Courts of
Record.

Time and

place of holdind Courts.

The Governor

INTERPRETATION.

1. In construing this Act, the word " County" shall include any two or more Counties united for judicial purposes, and in any form or proceeding, the words "United Counties" shall be introduced according to the circumstances rendering the same necessary, the words "Judge ""the Judge" or "County Judge " shall mean the Senior or the acting Judge of the County Court of the particular County in which the Division Courts are respectively situated. 13, 14 V. c. 53, s. 111.

THE COURTS.

2. The Division Courts, and the limits and extent thereof existing at the time this Act takes effect, shall continue until altered by law; all proceedings heretofore duly had shall remain valid, and all suits and proceedings heretofore commenced shall be continued and completed under this Act; and all rules and orders made under the provisions of any former Division Court Act, and in force when this Act takes effect, shall continue in force subject to the provisions of this Act. 13, 14 V. c. 53, ss. 1, 2.

3. There shall not be less than three, nor more than twelve Division Courts in each County or Union of Counties; of which there shall be one Division Court in each City and County Town. 13, 14 V. c. 53, s. 3.

4. Every Court shall have a Seal, with which every Process of the Court shall be sealed or stamped, and such Seal shall be paid for out of the Fee Fund. 13, 14 V. c. 53, s. 86.

5. The said Division Courts shall not be held to constitute Courts of Record. 13, 14 V. c. 53, s. 23.

6. A Court shall be holden in each Division once in every two months, or oftener in the discretion of the Senior or the acting County Judge; and the Judge may appoint and from time to time alter the times and places within such Divisions, when and at which such Courts shall be holden. 13, 14 V. c. 53, s. 3.

7. If the Magistrates of any County in Quarter Sessions may, in certain assembled, certify to the Governor that in any Division of the

County,

Courts.

County, from the amount of business, remoteness or inaccessi- Cases, regulate bility, it is expedient that the Court should not be held so often holding of as once in every two months, the Governor in Council may order the Court to be held at such periods as to him seems meet, and may revoke the order at pleasure, but a Court shall be held in the Division at least once in every six months. 13, 14 V. c. 53, s. 109.

number and

8. The Justices of the Peace in each County in General Quarter SesQuarter Sessions assembled, may, subject to the restrictions sions may alter in this Act contained, appoint, and from time to time alter the limits of Divinumber, limits and extent of every Division, and shall number sion. the Divisions, beginning at number one; but a less number of Justices shall not alter or rescind any Resolution or Order made by a greater number at any previous session. 13, 14 V. c. 53, s. 4.

9. The Court in each Division shall be called "The First Designation of Division Court in the County of ," (or, as the Court.

case may be.) 13, 14 V. c. 53, s. 6.

of Junior from

tinue same till

10. When a Junior County separates from a Senior County On separation or Union of Counties, the Division Courts of the United Senior County, Counties which were before the separation wholly within the Court to conterritorial limits of the Junior County, shall continue Division altered by Courts of the Junior County, and all proceedings and judgments Sessions. shall be had therein, and shall continue proceedings and judgments of the said Division Courts respectively; and all such Division Courts shall be known as Division Courts of such Junior County by the same numbers respectively, as they were before, until the Justices of the Peace of the Junior County in General Quarter Sessions assembled, appoint the number, limits and extent of the divisions for Division Courts within the limits of such Junior County, as provided in the eighth Section of this Act. 16 V. c. 177, s. 16.

11. Whenever the Justices of the Peace of any County, in On alteration General Quarter Sessions assembled, alter the number, limits Judge to direct of Divisions, or extent of the Division Courts within such County, all in what Court proceedings and judgments had in any Division Court before proceedings to the day when such alteration takes effect, shall be continued in such Division Court of the County as the Judge directs; and shall be considered proceedings and judgments of such Court.

16 V. c. 177, s. 17.

be continued.

as

12. In case a Junior County be separated from a Union Clerks and offof Counties, or the proceedings of any of the Division Courts of cers to deliver a Senior County be transferred to any other Division Court papers to such within the County upon the order of the judge, the Clerks or Judge directs. other officers of such Division Courts who hold any writs or documents appertaining to any such Courts or the business thereof, shall deliver up the same to such persons as the Judge

directs,

After separa

tion of Junior

from senior County pro

ceedings in cer

tain cases to be continued in

Senior County.

Quarter Ses

sions of Senior County to regulate Divi

directs, and any person refusing to deliver up the same shall be liable to be proceeded against in the same manner as persons wrongfully holding papers and documents under the provisions of the forty-eighth section of this Act. 16 V. c. 177, s. 18.

13. If after the separation of a Junior County from a Union of Counties, the territorial limits of any of the Division Courts of the former Union are partly within the Junior and partly within the Senior County, all proceedings commenced in such Division Courts of the former Union shall be continued to completion in the Court where the proceedings were originally commenced, or in such other Division Court of the Senior County as the Judge thereof directs; and the Clerks and other Officers of the said Division Courts of such Senior County in possession of any writs or documents appertaining to any such Court or to the business thereof, shall deliver over the same to the Clerk of such Division Court of such County as the Judge thereof directs. 16 V. c. 177, s. 19.

14. At the first Sittings of the General Quarter Sessions of the Peace for any Senior County, after the issue of any proclamation for separating a Junior from a Senior County, sions of Senior the Justices there present shall appoint the number, (not less

County after separation.

Clerk of the

than three, nor more than twelve,) the limits, and extent of the
several Divisions within such County, and the time when such
change of Divisions shall take effect; but if the Justices do
not make such change at the first Sittings they may do so at
any other Sittings of such Court, and a less number of Justices
shall not rescind or alter any resolution or order made by a
greater number under the provisions of this Section.
16 V.
c. 177, s. 20.

15. The Clerk of the Peace, in a book to be by him kept, Peace to record shall record the Divisions declared and appointed, and the time time and place for holding and places of holding the Courts, and the alterations from time Courts. to time made therein, and he shall forthwith transmit to the Governor a copy of the record. 13, 14 V. c. 53, s. 5.

County Court

THE JUDGE.

16. The County Court Judges shall preside over the DiviJudges to pre- sion Courts in their respective Counties. 13, 14 V. c. 53, s. 7.

side.

Who to preside

in case of ill

of Judge.

17. In case of the illness or unavoidable absence of the County ness or absence Judge, the County Judge of the Court of any other County may hold the Court, or the first mentioned Judge may appoint some Barrister of the Bar of Upper Canada to act as his Deputy; and the person so appointed shall, as Judge of the Division Court, during the time of his appointment, have all the powers and privileges, and be subject to all the duties vested in or imposed by law on the Judge by whom he has been appointed. 13, 14 V. c. 53, s. 8.