Majority
p. 90Anonymous.
Headnote
Insolvent not!tors to shew cause must be whole weeks.'XA question was submitted to the court, for their advice, hy a commissioner, as to the allowance of a certiorari, to remove into this.court the proceedings in a case of insolvency, The principal ground upon which the certiorari was asked, was, that it was alleged that it did not appear that full six weeks notice to the creditors, to shew cause, had been given. The affidavit of publication stated, that the advertisement or notice had been regularly published in the newspapers directed, once in each week, for six weeks successively, commencing on a certain day.
By the Court,
The proof of publication was undoubtedly defective. The affidavit might be literally true, and yet only SO days notice be given. The statute requires the advertisement, or notice to the creditors to shew cause, to be published, for six weeks successively ; that is, during 42 days. The fact should be distinctly shewn, that the requisition of the statute has been complied with.