shall be entitled to the same protection as is allowed by law in execution of a search warrant for property reputed to be stolen or concealed.

L. And be it enacted, that if any bankrupt, after the commencement of this Act, shall at the time of his bankruptcy be a member of a firm, it shall be lawful for the Judge or Commissioner by whom the commission of bankruptcy is issued, to authorize the assignee to commence or prosecute any action at law or suit in equity, in the name of such assignee and of the remaining partner, against any debtor of the partnership, and to obtain such judgment or decree or order therein, as if such action or suit had been instituted with the consent of such partner, and if such partner shall execute any release of the debt or demand, such release shall be void: Provided, that every such partner, if no benefit is claimed by him in virtue of the said proceedings, shall be indemnified against the payment of any costs in respect of such action or suit, and it shall be lawful for the Judge or Commissioner, on the application of such partner, to direct that he may receive so much of the proceeds of such action or suit, as such Court shall direct.

LI. And be it enacted, that if any bankrupt (being within this Province at the date of the commission) shall not, before three o'clock of the afternoon of the day appointed for the first meeting of his creditors, after notice thereof in writing, to be left at the usual place of abode of such bankrupt, or personal notice, in case such bankrupt be then in prison, and notice given in the Gazette of the commission, appear before such Judge or Commissioner, and submit to be examined before him from time to time upon oath, or if any such bankrupt, upon such examination, shall not discover all his real or personal estate, and how and to whom, upon what consideration, and when he disposed of, assigned or transferred, any of such estate, and all books, deeds, papers and writings, relative thereto, (except such part as shall have been really and bonâ fide before sold or disposed of in the way of his trade, or laid out in the ordinary expenses of his family,) or if any such bankrupt shall not, upon such examination, deliver up to the Judge or Commissioner all such part of his estate, and all books, deeds, papers and writings relating thereunto, as shall still remain in his possession, custody or power, (except the necessary wearing apparel of himself, his wife and children,) or if any such bankrupt shall remove, conceal or embezzle any part of such estate, of the value of ten pounds or upwards, or any books of account, deeds, papers, or other writings relating thereto, with intent to defraud his creditors, every such bankrupt shall be deemed guilty of felony, and being convicted thereof, shall be liable, in the discretion of the Court, to be imprisoned with or without hard labour in any common Gaol, for a term not to exceed one year, or in the Provincial Penitentiary for any term not less than three nor more than five years.

Commissioner

may enlarge

LII. And be it enacted, that the Judge or Commissioner shall have power, as the time for ap- often as he shall under the circumstances of any case think fit, from time to time pearing. to enlarge the time named for such bankrupt appearing, for so long and until such further day as the Judge or Commissioner shall reasonably appoint, so as every such order of enlargement be made six days at least before the day on which such bankrupt was to appear.

Power to cause

any bankrupt

before the

Commissioner,

&c.

Bankrupt

attending.

LIII. And be it enacted, that if the bankrupt shall be in prison either on mesne in person to be process or in execution, in any suit or proceeding for or on account of any debt or demand whatever, proveable against his estate, at any time when his attendance may be required before the Judge or Commissioner, or the assignees, or at any meeting of his creditors, as provided in this Act, the said Judge or Commissioner may in his discretion, by warrant under his hand and seal, require the Sheriff or Gaoler, in whose custody the said bankrupt may be, to produce such bankrupt for the purposes aforesaid, at such time and place as may be specified in the prevented by warrant; and in case the bankrupt shall, by reason of imprisonment or sickness, sickness from or any other cause which shall be deemed sufficient by the Judge or Commissioner, be unable to attend before him or before the assignees, at any meeting of his creditors as provided in this Act, then such Judge or Commissioner, or some person deputed by him, shall attend to take the examination of the bankrupt, and the examination thus taken shall be of the same force and effect as if the bankrupt had attended in person before the Judge or Commissioner, or the assignees, or at the meeting aforesaid, and had undergone the same examination; and if the bankrupt shall be without this Province, and shall be unable to return and give his personal attendance at the first meeting of his creditors, or at the other times, and for the purposes in this Act set forth, and if it shall appear that such absence was not occasioned by any wilful default of the bankrupt, and he shall, as soon as may be after the removal of the impediment, attend on some day subsequent to the one first named, which shall have been appointed by the Judge or Commissioner under the foregoing sections of this Act, and submit to the examination, and do and perform all other things by this Act required, then such bankrupt shall not incur the penalty and punishment in the fifty-first section of this Act contained, and shall be entitled to his certificate in like manner as if he had appeared and conformed at the time first appointed.

Bankrupt absent from the

Province.

Punishment

of bankrupt fraudulently altering his books, &c.

LIV. And be it enacted, that if any bankrupt shall after an act of bankruptcy committed, or in contemplation of bankruptcy, or with intent to defeat the object of this Act, have destroyed, altered, mutilated or falsified any of his books, papers, writings or securities, or made or been privy to the making of any false or fraudu lent entries in any book of account or other document with intent to defraud his creditors, every such bankrupt shall be deemed to be guilty of a felony, and being

convicted

convicted thereof, shall be liable, in the discretion of the Court, to be imprisoned, with or without hard labour, in any common Gaol for a term not to exceed one year, or in the Provincial Penitentiary for any term not less than three nor more than five years.

LV. And be it enacted, that if any bankrupt shall, within three months next preceding the date of the commission against him, under the false colour or pretence of carrying on business or dealing in the ordinary course of trade, have obtained on credit from any other person, any goods or chattels, with intent to defraud the owner thereof, or if any such bankrupt shall, within the time aforesaid, with such intent, have removed, concealed or disposed of any goods or chattels so obtained, knowing them to have been so obtained, every such person so offending shall be deemed to be guilty of a misdemeanor, and being convicted thereof, shall be liable to imprisonment in any common Gaol in this Province, for any term not exceeding one year, as the Court before whom he shall be tried shall think fit.

LVI. And be it enacted, that every person who, in any examination before a Commissioner, Judge, or any person lawfully deputed by him, or in any affidavit or deposition authorized or directed by this Act, shall wilfully and corruptly swear or affirm falsely, shall, on conviction thereof, suffer the pains and penalties in force in this Province against wilful and corrupt perjury.

Judges and

to be auxiliary

to each other in prosecuting proceedings in bankruptcy.

LVII. And be it enacted, that the several Judges and Commissioners authorized to issue commissions of bankruptcy, and to act in the prosecution thereof, commissioners shall be auxiliary to each other for the proof of debts, and for the examination of witnesses on oath, or for either of such purposes; and the Judge or Commissioner so acting as auxiliary in the prosecution of a commission of bankruptcy in the examination of witnesses, shall possess the same powers to compel the attendance of, and to examine witnesses, and to enforce both obedience to such examination, and the production of books, deeds, papers, writings and other documents, as are possessed by the Judge or Commissioner issuing such commission: Provided always, that all such examinations of witnesses shall be taken down in writing, and shall be annexed to and form part of the proceedings under such commission, and that no proof of debts or examination of witnesses, in the prosecution of any commission, shall be taken by any such auxiliary authority, without the permission in writing of the Judge or Commissioner by whom such commission was issued.

LVIII. And be it enacted, that nothing in this Act contained shall prevent any Judge or Commissioner, when two or more persons who are partners in trade as

a

Proviso.

ceedings may be adopted

What pro

where there

are parties residing in dif

a firm, reside in different Districts in this Province to that in which any commisferent Districts. sion of bankruptcy shall be prosecuted against such firm, from having jurisdiction over the said partner resident beyond the District for which he is appointed, as far as it relates to the interest or share of such partner in such firm, if such partner be included in such commission; and it shall and may be lawful for the Judge or Commissioner for the District in which any such other partner shall reside, to take and receive any examination or declaration, administer any oath or affirmation, or otherwise take such proceedings in respect to such partner as may be taken, received or administered by the Judge or Commissioner of the District in which the original proceedings in bankruptcy against the said firm shall have been prosecuted: Provided always, that all such examinations, declarations, oaths, affirmations or other such proceedings, shall be taken down in writing, and be transmitted to the Judge or Commissioner by whom such commission shall have been issued, to be by him annexed to and form part of the said commission: And provided also, that all such proceedings shall have been so taken with the permission and under the authority in writing of the Judge or Commissioner by whom such commission was issued.

Effect of the

certificate to be granted to a bankrupt.

Proviso.

Cases in

LIX. And be it enacted, that every bankrupt, who shall have duly appeared, and made a full disclosure and delivery of all his estate and effects, and in all things conformed himself to the provisions of this Act, shall be discharged from all debts due by him at the date of the commission, and from all claims and demands made proveable under the commission, in case he shall obtain a certificate from the Judge or Commissioner under his hand and seal, in the form of the Schedule (G) to this Act annexed, subject to such provisions as are hereinafter mentioned; and no such certificate shall release or discharge such bankrupt from such debts, claims or demands, unless the same shall be obtained, allowed and confirmed, according to such provisions: Provided always, that no such certificate shall release or discharge any person who was partner with such bankrupt at the time of his bankruptcy, or was then jointly bound, or had made any contract jointly with such bankrupt, if such partner of, or person so jointly bound or liable with such bankrupt, has not been included in such commission of bankruptcy: And provided always, that such Judge or Commissioner may in his discretion grant such certificate to any one or more partners or persons so jointly bound or liable, and refuse or suspend the same as hereinafter mentioned as to any other partner or person so jointly bound or liable.

LX. And be it enacted, that no bankrupt shall be entitled to his certificate, and which no cer- that any such certificate, if obtained, shall be void, if such bankrupt shall have lost, by any sort of gaming or wagering in one day twenty pounds, within one -year next preceding the date of the commission against him, or one hundred

tificate shall be granted, or

shall be void if granted.

pounds

pounds within that year, or if such bankrupt shall, after an act of bankruptcy, or in contemplation of bankruptcy, or with intent to defeat the object of this Act, have concealed, destroyed, altered, mutilated or falsified, or caused to be concealed, destroyed, altered, mutilated or falsified any of his books, papers, writings or securities, or made, or been privy to the making of any false or fraudulent entry in any book of account or other document, with intent to defraud his creditors, or shall have concealed any part of his property, or if any person having proved a false debt under the commission, such bankrupt being privy thereto, or afterwards knowing the same, shall not have disclosed the same to his assignees within one month after his knowledge.

Meeting for allowance of

certificate.

Creditors op

granted.

LXI. And be it enacted, that it shall be lawful for the Judge or Commissioner, by whom the commission was issued, to appoint a public sitting for the allowance of such certificate to the bankrupt named in such commission, (whereof, and of the purport whereof, twenty-one days notice shall be given in manner to be directed by such Judge or Commissioner, and a copy of such notice shall be served on one of the assignees or on their Solicitor,) and at such sitting any of the creditors of such bankrupt may be heard against the allowance of the certificate, and the Judge or Commissioner shall consider any objection against allowing such posing its being certificate, and either find the bankrupt entitled thereto, and allow the same, or refuse or suspend the allowance thereof, or annex such condition thereto, as the justice of the case may require: Provided always, that no certificate shall be such discharge, unless such Judge or Commissioner shall, in writing under his hand and seal, certify to the proper Court of Review that such bankrupt has made a full discovery of his estate and effects, and in all things conformed as aforesaid, and that there does not appear any reason to doubt the truth or fulness of such discovery, nor unless the bankrupt make oath in writing that such certificate was obtained fairly and without fraud, nor unless the allowance of such certificate shall, after such oath, be confirmed by the Court of Review, against which confirmation any of the creditors of the bankrupt may be heard before such Court.

LXII. And be it enacted, that any contract or security made or given by any bankrupt or other person, unto or in trust for any creditor, or for the securing the payment of any money due by such bankrupt at his bankruptcy, as a consideration or with intent to persuade such creditor to forbear opposing, or to consent to the allowance or confirmation of such certificate, shall be void, and the money thereby secured or agreed to be paid shall not be recoverable.

LXIII. And be it enacted, that if any creditor of a bankrupt shall obtain any sum of money, or any goods, chattels, or security for money, from any person as an inducement for forbearing to oppose, or for consenting to the allowance or con

firmation

Proviso

which the cer

tificate operate as

discharge.

shall

Contracts made for bril

ing not to oppose the certivoid."

ficate, to be

Penalty on creditor obtaining money,&c. for fraudulentthe obtaining a ly conniving at

certificate.