CHAP. 145, after his assent thereto, the burden of proving the time of such delivery or assent being upon the assignee. Judge may direct publication and registration. Failure to publish, &c., is (3.) One-half of any such penalty when recovered shall go to the person suing therefor and the other half for the benefit of the estate of the assignor. (4.) The official assignee shall not be liable for any of the penalties imposed in this section unless he has been paid or tendered the cost of advertising and registering the assignment, nor shall he be compelled to act under the assignment until the costs in that behalf are paid or tendered to him. 1898, c. 11, s. 14. 15. If the assignment is not registered, and notice thereof published, an application may be made by any one interested in the assignment to a judge to compel the publication and registration thereof, and the judge shall make an order in that behalf, with or without costs, or upon payment of costs by such person as in his discretion he directs to pay the same. 1898, c. 11, s. 15. 16. The omission to publish or register as aforesaid, or not to vitiate. any irregularity in the publication or registration, shall not invalidate the assignment. 1898, c. 11, s. 16. Estate not to be removed out of province Moneys to be deposited. Penalty. Creditors may change assignee. DISPOSITION OF ESTATE. 17.-(1.) No property or assets of an estate assigned under the provisions of this Chapter, shall be removed out of Nova Scotia without the order of a judge. (2.) The proceeds of the sales of such estate and any part thereof, and all moneys received on account thereof, shall be deposited by the assignee in an incorporated bank within the province, and shall not be withdrawn or removed therefrom without the order of a judge, except in payment of dividends and charges incidental to the winding up of the estate. (3.) Any assignee or other person acting in his stead, or on his behalf, who violates the provisions of this section, shall be liable to a penalty of four hundred dollars, and one half of the said penalty shall go to the person suing therefor, and the other half shall belong to the estate of the assignor; and in default of payment of the said penalty and all costs which are incurred in any action or proceeding for the recovery thereof, such assignee or other person may be imprisoned for any period not exceeding thirty days, and shall be liable to forfeit his office of official assignee. 1898, c. 11, s. 5. CHANGE OF ASSIGNEE. 18.—(1.) A majority in number and value of the creditors who have proved claims to the amount of one hundred dollars CHAP. 145. or upwards, may at their discretion substitute for the official assignee a person residing in the county in which the debtor resided or carried on business at the time of the assignment. (2.) An assignee may also be removed and another assignee may be substituted, or an additional assignee may be appointed by a judge. 1898, c. 11, s. 8; 1899, c. 53, s. 2. vested on change 19. Where a new assignee is appointed the estate shall Estate, how forthwith vest in him without a conveyance or transfer, and of assignee. he shall register an affidavit of his appointment in the registry of deeds for the registration district in which the original assignment was filed, and the registration of such affidavit shall have the same effect as the execution and registration of a conveyance from the original assignee. 1898, c. 11, s. 8 (2.) RECOVERY OF ESTATE. 20-(1.) Except as in this section is otherwise provided, Assignee, power the assignee shall have the exclusive right of suing for the of to sue. rescission of agreements, deeds and instruments or other transactions made or entered into in fraud of creditors, or made or entered into in violation of this Chapter. (2.) If at any time any creditor desires to cause any proceeding to be taken which, in his opinion, would be for the benefit of the estate, and the assignee under the authority of the creditors refuses or neglects to take such proceeding, after being duly required so to do, the creditor shall have the right to obtain an order of a judge authorizing him to take the proceeding in the name of the assignee, but at his own. expense and risk, upon such terms and conditions as to indemnity to the assignee, as the judge prescribes; and thereupon any benefit derived from the proceeding shall belong exclusively to the creditor instituting the same for his benefit provided that if, before such order is granted, the assignee signifies to the judge his readiness to institute such proceeding for the benefit of the creditors, the order shall prescribe the time within which he shall do so, and in that case the advantage derived from the proceeding, if instituted within such time, shall appertain to the estate. 1898, c. 11, s. 9. Creditor may take proceedings property. 21. If any person to whom any transfer of property Money may be declared to be void by this Chapter has been made, has sold recovered as or disposed of the property which was the subject of such transfer or any part thereof, the moneys or other proceeds realized therefor may be seized or recovered in any CHAP. 145. action under the next preceding section as fully and effectually as the property, if still remaining in the possession or control of such person, could have been seized or recovered. 1898, c. 11, s. 10. Wages &c., of employees, priority of. First meeting of creditors, how called. Judge may direct as to. meeting. Creditors may compel calling of meeting. WAGES AND SALARIES. 22. Whenever an assignment is made of any real or personal property for the general benefit of creditors under the provisions of this Chapter, the assignee shall pay in priority to the claims of the ordinary or general creditors of the person making the same, the wages or salaries of all persons in the employment of such person at the time of making such assignment or within one month before the making thereof, not exceeding three months' wages or salary; and such persons shall be entitled to rank as ordinary or general creditors for the residue, if any, of their claims. 1898, c. 11, s. 7. MEETINGS OF CREDITORS. 23. It shall be the duty of the assignee immediately upon the execution of the assignment to inform himself, by reference to the assignor and his records of account, of the names and residences of the assignor's creditors, and within five days from the date of assignment to convene a meeting of the creditors for the giving of directions with reference to the disposal of the estate, by mailing prepaid and registered to every creditor known to him a circular calling a meeting of creditors to be held at a convenient place to be named in the notice, not later than twelve days after the mailing of such notice, and by advertisement in the Royal Gazette; and all other meetings to be held shall be called in like manner. 1898, c. 11, ss. 17, 18, (2.) 24. If a sufficient number of creditors do not attend such meeting, or fail to give directions with reference to the disposal of the estate, a judge may give all necessary directions in that behalf. 1898, c. 11, s. 18, (2.) 25-(1.) If a request in writing, signed by a majority of the creditors having claims duly proved of one hundred dollars and upwards, computed in the manner hereinafter directed, is made upon the assignee, he shall within two days. after receiving such request call a meeting of the creditors at a time not later than twelve days after the receipt by him of such request. (2.) If the assignee fails to call such meeting when so requested he shall be liable to a penalty of twenty-five dollars for every day after the expiration of the time limited for the calling of the meeting until the meeting is called. CHAP. 145. 1898, c. 11, s. 18. VOTING AT MEETINGS. meetings, how 26. At any meeting of creditors any creditor may vote voting at in person, or by proxy authorized in writing, but no creditor regulated. whose vote is disputed shall be entitled to vote until he has filed with the assignee an affidavit in proof of his claim, stating the nature and amount thereof. 1898, c. 11, s. 19. 27.-(1.) Except for the purpose of making a change of Calculation of assignee all questions discussed at meetings of creditors shall be decided by the majority of votes, and for such purpose the votes of creditors shall be calculated as follows: For every claim of or over $100, and not exceeding For every claim of or over $200, and not exceeding For every claim of or over $500, and not exceeding For every additional $1,000, or fraction thereof-1 vote. (2.) No person shall be entitled to vote on a claim which he has acquired after the assignment unless the entire claim is acquired, but this shall not apply to persons acquiring notes, bills or other securities upon which they are liable. (3.) In case of a tie, the assignee, or, if there are two assignees, then the assignee appointed by the creditors, or by the judge, if none has been appointed by the creditors, shall have a casting vote. 1898, c. 11, s. 20. RANKING AND PROOF OF CLAIMS. Votes. estates, ranking 28. If any assignor executing an assignment under this Individual and Chapter for the general benefit of his creditors owes debts partnership both individually and as a member of a partnership, or as a upon. member of two different partnerships, the claims shall rank first upon the estate by which the debts they represent were contracted, and shall only rank upon the other after all the creditors of that other have been paid in full. 1898, c. 11, s. 6. 29. Every creditor in his proof of claim shall state secured claims. whether he holds any security for his claim or any part thereof; and if such security is on the estate of the debtor, or on the estate of a third party for whom such debtor is only secondarily liable, he shall put a specified value thereon, and the assignee under the authority of the creditors may either consent to the right of the creditor to rank for the claim after deducting such valuation, or he may require CHAP. 145, from the creditor an assignment of the security at an advance of ten per cent. upon the specified value, to be paid out of the estate as soon as the assignee has realized such security; and in such case the difference between the value at which the security is retained and the amount of the gross claim of the creditor shall be the amount for which he shall rank and vote in respect to the estate. 1898, c. 11, s. 20, (4). Negotiable instruments, ranking in respect to. Set off. Particulars of claim. Proofs of claim, compelling furnishing of, 30. If a creditor holds a claim based upon a negotiable instrument, upon which the insolvent is only secondarily liable, and which has not matured at the time of proving the claim, such creditor in his proof of claim shall set a value upon the liability of the person primarily liable thereon, and the difference between such value and the amount of the claim shall, until the instrument matures, be the amount at which the claim shall be calculated for the purpose of voting at meetings and other purposes, except the payment of dividends thereon, or collocation in the dividend sheets; but after the maturity of such instrument, the claim shall be calculated for all purposes at the full amount, less any sum paid on account thereof by the person primarily liable on such negotiable instrument. 1898, c. 11, s. 20, (5). 31. The law of set-off shall apply to all claims made against the estate, and also to all actions instituted by the assignee, for the recovery of debts due to the assignor, in the same manner and to the same extent as if the assignor were plaintiff or defendant, as the case may be, except in so far as any claim is affected by the provisions of this Chapter or any other enactment respecting frauds or unjust preferences. 1898, c. 11, s. 24. 32. Every person claiming to be entitled to rank on the estate assigned shall furnish to the assignee particulars of his claim, proved by affidavit, and such vouchers as the nature of the case admits of. 1898, c. 11, s. 21, (1.) 33. If any person claiming to be entitled to rank on the estate assigned does not within a reasonable time after receiving notice of the assignment and of the name and address of the assignee, furnish to the assignee satisfactory proofs of his claim as provided by this Chapter, a judge may, upon a summary application by the assignee or by any other person interested in the debtor's estate (of which application at least three days' notice shall be given to the person alleged to have made default in proving a claim as aforesaid,) order that unless the claim is proved to the satisfaction of the judge within a time to be limited by the order, the person so making default shall no longer be deemed a creditor of the |