D.—No. G.

shall dispose of remove retain embezzle conceal or receive the same or any part thereof with intent to defeat the said attachment is liable on conviction of such offence to be imprisoned with or without hard labour for any period not exceeding three years Provided always that it shall be lawful for such messenger to secure on the promises by sealing up any repository room or closet any articles which in the discharge of his duty it shall seem to him expedient so to secure causing no unnecessary hindrance or inconvenience to any party by so doing or to leave some person on the premises in custody thereof and the said messenger shall forthwith report his execution of the said attachment to the said Inspector who shall take such measures and give such directions for the safe custody of the said property as to him shall seem fit. 6. The Inspectors in Bankruptcy in their respective Provinces or districts shall aid and assist in carrying this Act and the said recited Acts and the provisions thereof into effect and for that purpose shall do and execute all such matters and things as they shall be required to do and execute by any rule or order of the Supreme Court or any Judge thereof by virtue of this or the said recited Acta. 7. The Sheriff in and for the Province or district in which the debtor shall reside either by himself or his deputies being thereunto required by the Inspector in Bankruptcy of the said Province or district shall within the districts in which they have respectively been or shall be appointed to act do and execute the duties directed by this Act or by any rule or order of the Supreme Court or any Judge thereof in pursuance of this Act to be done and executed by a messenger and shall receive to their own use for such service out of the assets of any debtor's estate as to which they may be so employed such reasonable fees as are or shall be allowed by the Supreme Court for their service. 8. Every order for the sequestration of a debtor's estate under this Act shall from tho time of the making thereof have the effect in the law of divesting the debtor of all his estate rights and property of every kind and vesting the same in the Inspector of Bankruptcy acting for the estate for the time being as effectually and in the same manner and to the same extent in all respects as is provided and declared in and by the eighth section of " The Debtors and Creditors Act Amendment Act 1865 " shall be the effect of every order for the sequestration of a debtor's estate which may have been declared a vesting order until the appointment of a trustee or trustees as hereinafter provided. 9. Further execution of any judgment or process agaiust the person or estate of any debtor shall after any order for the sequestration of such estate is lodged with the Sheriff for registration be stayed and it shall and may be lawful for the person having right to such judgment to prove his debts and costs against the sequestrated estate and to take the benefit thereof upon distribution of the said estate rateably with the other creditors and where any property has been attached by legal process for satisfaction of any judgment and has not been sold such property shall be placed under sequestration in the same manner as any other part of the debtor's estate. 10. No action shall be brought against any debtor for any debt or demand proveable against his estate and all proceedings in any action then pending shall upon any order being made for the sequestration of such estate in virtue thereof be stayed aud it shall and may be lawful for the plaintiff in such action to prove his debt together with the taxed costs of it then incurred against the sequestrated estate and to take tho benefit thereof upon distribution of the said estate Provided however that all actions pending against any debtor for damages alleged to have been sustained from any injury or wrong or breach of any contract committed by him such damages being uncertain or for the recovery of any claim unliquidated as to its amount and all proceedings therein shall upon any order being"made for the sequestration of his estate be stayed until a trustee or trustees shall be elected for the administration thereof if the sequestration shall remain in force so long and thereupon the plaintiff in such action after summoning the trustee or trustees to take up and defend the said action may proceed to obtain the judgment of the Court thereon and the said judgment when recovered together with the taxed costs of suit shall be a debt proveable against the said estate. 11. Any debtor who at tho time any order for the sequestration of his estate is lodged with the Sheriff for registration shall be in custody of the said Sheriff or of any gaoler or officer either under mesne process or in execution on any judgment for any debt or demand proveable under this Act shall be entitled to be on the order of any Judge and shall be forthwith discharged out of custody in respect thereof either absolutely or on such condition or conditions as such Judge shall think fit to impose. 12. All actions commenced by any person whose estate shall afterwards be placed under sequestration as bankrupt for any debt or demand due to the said estate and all proceedings therein shall upon the order of such sequestration being made be stayed until the trustee or trustees thereafter appointed for the administration of the said estate shall make election to prosecute or discontinue the same and the trustee or trustees shall be bound to make such election within six weeks after notice to that effect shall be served upon him or them by any defendant in any such action or otherwise shall be deemed to have abandoned the same Provided however that any debtor shall be permitted to continue in his own name and for his own benefit any action commenced by him previous to his bankruptcy for any personal injury or wrong done to himself or to any of his family. 13. The Inspector in Bankruptcy shall after any estate has been placed under sequestration upon surrender thereof as bankrupt or has been adjudged to be sequestrated forthwith cause notice thereof to be given in the Government Gazette of the Province wherein the debtor shall reside and in at least one local newspaper published in the said Province and shall thereby appoint two public meetings of the creditors of such estate at such times and places as he shall deem most convenient for all the parties concerned the first for receiving proof of debts against the said estate and the second for the same purpose and for electing a trustee or trustees for the collection administration and distribution thereof and such publication shall be deemed notice thereof to all persons and the times and place so fixed for the holding of any of the meetings aforesaid may on cause shown to the said Inspector by any party dissatisfied with the appointment so made be altered of which alteration notice shall be forthwith given in the said Government Gazette Provided always that if it shall appear to the said Lispector before causing notice to be given as aforesaid that the goods and effects of the said debtor available for the payment of his debts are not above the value of one hundred pounds he shall specify the same in the said advertisement and shall therein also give notice that unless it shall be shown at the first meeting . 3

Inspectors to aid under rule of Court Sheriff or his deputies to execute duties of messenger

Effect of order of sequestration upon the estate of debtor

Effect of order of sequestration upon judgments

Effect of order of sequestration upon actions against debtor

Effect of order of sequestration on bankrupt in custody under legal process Effect of order of sequestration upon action commenced by bankrupt

Appointment and notice by the Inspector of two public meetings of creditors for proof of debts and election of trustees

11

OF THE DEBTORS AND CREDITORS ACTS.