cated, with legal proof of the debt, may in all respects act for such creditor as if he were personally present. 21. The Trustees shall keep a book containing a true account of all moneys received and disbursed by them, and of their proceedings, to be open to the inspection of every creditor. The Trustees to be subject to such orders touching the estate as the Judge may at any time make, and shall render to him a copy on oath of such accounts and proceedings, to be filed with the Clerk of the Court of which he is Judge, for the information of all persons concerned, he making such order thereon as is reasonable and just, not inconsistent herewith. The Trustees may retain for their services five per cent. on the whole sum by them received before each dividend, besides all necessary disbursements; and when such accounts are satisfactory to the Judge, he shall, by order, discharge the Trustees from their appointment, and all liabilities connected therewith. 22. If any person be sued for any thing done in pursuance of this Chapter, he may plead the general issue, and give the special matter in evidence, and this Chapter shall receive a liberal construction in favour of the creditors. 23. Any person examined under the provisions of this Chapter, wilfully swearing falsely, and being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury. the sum of [Merchant,] maketh in the County of [Trader,] is indebted to him, over and above all discounts, in pounds, and that he believes that the said C. D. is either departed the Province, or concealed within it, with intent to defraud him and other creditors (if any) of their just dues, or to avoid being arrested by process of law. M. C. a Commissioner, &c. Supreme Court. A. B. You are hereby commanded to attach, seize, and keep all the estate, real and personal, of [Trader,] in your Bailiwick, with all evidences, books of account, vouchers, and papers relative thereto, and deliver the same to the Trustees when appointed, and with the aid of two competent men forthwith make an inventory of the estate and effects that you shall so seize, and return the same to me (or if by a Commissioner, to the said Justice,) signed by you and them, with this warrant forthwith.-Dated this day of A. D. 18 J. C. J. S. C. or C. if by a Commissioner. [L.S.] (C) Commission. We do hereby nominate and appoint of , to be Commissioners for the purpose of taking examination of persons applying for warrants against absconding, concealed, or absent debtors' estates, and proceeding thereon according to law.-Dated this day of W. C. Clerk. Affidavit endorsed on Commission. The undersigned Commissioners within named, appeared before me the undersigned, this day of A.D.18 and severally made oath that they will faithfully discharge the duties assigned them by the within Commission to the best of their ability. (D) Notice to be published in the Royal Gazette. Notice is hereby given, that upon the application of J. C. I have directed all the estate as well real as personal of in of an absconding, concealed, or absent debtor (as the case may be) to be seized, and unless he return and discharge his debts within three months after publication hereof, such estate will be sold for the payment thereof. J. C. J. S. C. or C. if by a Commissioner. (E) Petition of Debtor for Supersedeas. To His Honor Mr. Justice That your petitioner is resident within this Province, and that he was not at the time the warrant issued to the Sheriff of to attach and seize his estate and effects, nor within thirty days preceding, nor at any time since, an absconding or concealed debtor, and he therefore prays that the same may be heard and determined by the Supreme Court. And as in duty bound will ever pray.-Dated this day of A. B. YORK, to wit.-Personally appeared before me the undersigned, this day of A. D. 18 A. B. the above petitioner, and made oath to the truth of the allegations in the above petition. W. C. Com. for Affidavits. (F) Attachment. VICTORIA, &c.-To the Sheriff of Attach Greeting: and bring him before me to give evidence on the petition of , an absconding (or absent) debtor, pray ing for a supersedeas.-Dated this Appointment of Trustees. I do hereby nominate and appoint [Merchant] Trustees for all the creditors of the estate and YORK, to wit.-Personally appeared before me this day of , A. D. 18, the within named Trustees, and made oath that they would faithfully discharge the duties of Trustees for all the creditors of the estate and effects of A. B. late of [Merchant] an absconding or concealed debtor, according to law, and to the best of their ability. (I) Endorsement on Appointment. J. C. J. S. C. I do allow the within appointment to be registered in the office of the Registrar of Deeds for any County where land or goods of the debtor are or may be found.-Dated this day of , A. D. 18. ( K ) J. C. J. S. C. Notice of appointment of Trustees to be published in the Royal Gazette. day of Public notice is hereby given, that we, the undersigned, have been duly appointed Trustees for all the creditors of the estate and effects of A. B. late of , an absconding (or absent) debtor (as the case may be) and have been duly sworn. All persons indebted to the said A. B. will, on or before the next, pay to us, or either of us, all sums of money they owe to the said A. B.; and all persons having any effects of the said A. B. in their hands or custody, will deliver the same to us, or either of us, as aforesaid; and we require all the creditors of the said A. B. on or before the day of A. D. 18 to deliver to us, or some one of us, their respective accounts and demands against the said A. B., that justice may be done to the parties.-Dated Section. 6. Pound breach and rescue, remedy for. 8. Goods liable to rent, taken in execution, 9. Replevin action, for what maintainable. 10. Actions of replevin in Inferior Court, when, where, and how removed. 11. Replevin bond to be taken, by whoin; how assigned. 12. When property claimed, duty of officer, 13. When bond may be assigned to claimant. 16. When defendant shall have damages and 17. Sheriff's fees. 18. Landlord to recover for use and occupation, when. Section. 19. Rent in arrear on demise for life, how recoverable. 20. When and how mortgagee may make 21. Notice to quit, times of, regulated. 24. When landlord may proceed by eject- 27. Summary relief to landlord, how & when. 30. Proceedings quashed, effect of. Schedule. 1. When goods are seized by distress (A) for any rent due, and the tenant or owner of such goods shall not, within five days next after such distress, and notice thereof (B) left at the dwelling house, or other most conspicuous place charged with the rent, replevy the same according to law, the person distraining shall, with the Sheriff or constable of the County, who is required to assist, cause the goods to be valued by two sworn appraisers, to whom such officer shall administer the oath (C) to be endorsed (D) on the inventory, and after such appraisement (E) shall publicly sell such goods for the highest price, to satisfy such distress, with the charges, leaving the overplus (if any) in the hands of the officer for the owner's use. 2. Goods taken by distress for rent may be impounded and secured on a convenient part of the premises, and disposed of as in other cases of distress for rent. All persons shall have free access to the premises in any matter connected with the distress. 3. Arrears of rent may be distrained for by the landlord or his representatives within six months after the determination of the lease, and during the tenant's possession and landlord's interest. 4. Goods fraudulently or clandestinely removed from the lands of any tenant to avoid a distress, may be followed by the landlord within thirty days thereafter, be distrained for such rent, and disposed of as in other cases of distress for rent; no goods shall be distrained that have been sold bona fide and for valuable consideration before such seizure. |