is appointed to be served, in pursuance of any provision of this Act, is keeping out of the way, and cannot be personally served with such Summons or notice, it shall be lawful for the Judge or Commissioner to order, by endorsement on such Summons or notice, that the delivery of a copy thereof to the wife or servant, or some adult inmate of the family of such party, at his usual place of abode, and explaining the purport thereof to such wife, servant or inmate, shall be equivalent to personal service, and in every such case the service of such Summons or notice, in pursuance of such order, shall be deemed and taken to be of the same force and effect, to all intents and purposes, as if a copy of such Summons or notice had been delivered to the party or person.

XXV. And be it enacted, that the Sheriff shall, as soon as may be after the issue of the commission, demand and receive from the bankrupt, and from all other persons, all the estate in his or in their possession which belongs to such bankrupt, with all the deeds, books of account and papers relating thereto; and the bankrupt shall accordingly deliver to the Sheriff such part of the said estate and other things above specified as may then be within his possession or power, and shall disclose the situation of such parts thereof as may then be in the possession of any other person, or so to enable the Sheriff to demand and receive the same; and the bankrupt shall also make a schedule containing a full and true account of all his creditors, with the place of residence of each creditor, if known to him, and the sum due to each; and the said schedule shall also set forth the nature of each debt, whether founded on written security, on account, or otherwise, and also the true cause or consideration thereof, and a statement of any existing mortgage, hypothec, pledge, or other collateral security, given for the payment of the same, which schedule he shall produce at the first meeting of his creditors, to be delivered to the assignees who shall then be chosen.

Debts to be

proved, and as

XXVI. And be it enacted, that the Judge or Commissioner shall attend the meeting, and shall receive proof of the debts due to the creditors of such bankrupt signees chosen. who shall be present, and shall allow all the debts which shall be duly proved, and cause a list thereof to be made, which shall be certified by himself, and be recorded and filed with the other papers in the case; and the creditors so present as aforesaid, who shall have proved their debts, shall then proceed in presence of the Judge or Commissioner to choose one or more assignee or assignees of the estate of the bankrupt, such choice to be made by the greater part in value of the creditors according to the debts then proved.

XXVII. And be it enacted, that before such meeting any creditor desiring to vote thereat, may make oath of the amount and nature of the debt due to him by such bankrupt, and at such meeting any person duly authorized by a creditor, and

F

producing

Creditors may ney after duly proving their

vote by attor

claims.

Commissioner may require further proof of debt;

Appeal.

In case of fail

signees, the Commissioner

producing the affidavit of debt, and a letter of attorney from such creditor, the execution whereof shall in like manner be proved by oath, shall be entitled to have the debt of such creditor allowed and included in such list as aforesaid, (provided the affidavit shall in the opinion of such Judge or Commissioner sufficiently prove the same) and to vote in the choice of assignees.

XXVIII. And be it enacted, that the Judge or Commissioner may, in his discretion, require further proof on oath of any debt claimed before him, and may examine the party claiming the same, or the agent who shall present the claim in his behalf, and also the bankrupt, on their respective oaths, on all matters relating to such claim; and any supposed creditor or person interested in the administration of the bankrupt's estate who shall be dissatisfied with the decision of the Judge or Commissioner, in regard to the rejection or admission of any claim, may appeal from such decision, and have the matter determined in a summary way by the Court of Review hereinafter mentioned.

XXIX. And be it enacted, that in case no choice of an assignee or assignees shall ure to elect as be made by the creditors at the said first meeting, the Judge or Commissioner shall appoint one or more assignees, and if any assignee so chosen or appointed shall not, within six days after notice thereof, signify his acceptance in writing, and delivered to such Judge or Commissioner, then his election or appointment shall be considered void, and the Judge or Commissioner shall from time to time proceed to appoint until the acceptance is duly signified.

may appoint them.

Assignees ac

cepting, to be appointed by an instrument.

XXX. And be it enacted, that as soon as such acceptance shall be signified to the Judge or Commissioner as aforesaid, he shall, by an instrument under his hand and seal, declare the choice or appointment of such assignees and their acceptance; and the said instrument shall be executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be finally deposited, and the other shall be delivered to the assignees; and either of such duplicates, purporting to be under such hand and seal, shall be reof such instru- ceived in all Courts in this Province, as primâ facie evidence that the same was executed on the day on which it purports to bear date, and that the assignees named therein were duly chosen and appointed, and accepted the office, and of their authority to bring and defend actions and suits in that character.

Effect of copies

ment.

Powers of the assignees un

strument.

XXXI. And be it enacted, that the said instrument, so signed and sealed as der such in- aforesaid, shall vest, and be construed to vest in the assignees named therein, all the property of the bankrupt, both real and personal, which he could in any way have lawfully sold, assigned or conveyed, or which might have been taken in execution on any judgment against him at the date of the Commission, although the

same

them.

same may then be attached on mesne process as the property of the said bankrupt, and any such attachment shall, by such instrument, be superseded and dissolved; Estate of bankand the said instrument shall vest, and be construed to vest in the assignees na- rupt vested in med therein, all debts due to the bankrupt, or to any person in trust for him or to his use, all liens and securities therefor, and all the bankrupt's rights of action Redeeming infor any goods or estate, real or personal, and all his rights of redeeming any such cumbrances. goods or estate, and shall give power to the assignees named therein to redeem all mortgages, hypothecs, conditional contracts, pledges and liens of or upon any goods or estate of the bankrupt, or to sell the same subject to such mortgage or other Bankrupt to incumbrance; and the bankrupt shall likewise, at the expense of the estate, make perform all neand execute all such deeds and writings, and endorse all such bills, notes and cessary acts. other negotiable papers, and draw checks and orders for monies deposited, and do all such other lawful acts and things as the assignees shall at any time reasonably require, and which may be necessary for enabling the assignees to demand, recover and receive all his estate and effects, whether in or out of this Province, and the assignees shall have the like remedy to recover all the said estate, debts and effects, in their own names, as the bankrupt might have had if no commission had issued Suits pending, against him; and if at the date of such commission any suit or action shall be to which the pending in the name of the bankrupt, for the recovery of any debt or other thing, bankrupt is a which might or ought to pass to the assignee or assignees, such assignee or assignees, if they desire it, shall be admitted to intervene and become a party to, and to substitute their names for that of the bankrupt, and thenceforth in their own names to prosecute, in like manner and to the like effect, as if the same had been originally commenced by them as such assignees; and in case of the death or re- Death of the moval of any assignee, the surviving or remaining assignee, or the new assignee, as the case may be, shall, upon his application to be admitted to prosecute such suit or action, and to the like effect, as if the same had been originally commenced by him; and if the bankrupt shall die after the date of the said commission, all proceedings shall notwithstanding be continued and concluded in the like manner, and with the same validity and effect as if he had lived; and in that case the allowance to the bankrupt on the net produce of his estate, if any, shall be paid to his executors or administrators, and shall be disposed of and distributed in the same manner as any other property of which he may die possessed.

party.

bankrupt.

Duties of the

XXXII. And be it enacted, that the assignees shall forthwith give public notice of their election or appointment, in such manner as the Judge or Commissioner assignees, shall direct; and shall demand and receive from the Sheriff, and from all other persons, all the estate and property of whatever description in his or their possession, respectively, which shall have been vested or have been intended to be vested in them according to this Act; and they shall collect all the debts and

Collecting

effects debts,

Commissioner may require further proof of debt;

Appeal.

In case of fail

signees, the Commissioner may appoint them.

producing the affidavit of debt, and a letter of attorney from such creditor, the execution whereof shall in like manner be proved by oath, shall be entitled to have the debt of such creditor allowed and included in such list as aforesaid, (provided the affidavit shall in the opinion of such Judge or Commissioner sufficiently prove the same) and to vote in the choice of assignees.

XXVIII. And be it enacted, that the Judge or Commissioner may, in his discretion, require further proof on oath of any debt claimed before him, and may examine the party claiming the same, or the agent who shall present the claim in his behalf, and also the bankrupt, on their respective oaths, on all matters relating to such claim; and any supposed creditor or person interested in the administration of the bankrupt's estate who shall be dissatisfied with the decision of the Judge or Commissioner, in regard to the rejection or admission of any claim, may appeal from such decision, and have the matter determined in a summary way by the Court of Review hereinafter mentioned.

XXIX. And be it enacted, that in case no choice of an assignee or assignees shall ure to elect as be made by the creditors at the said first meeting, the Judge or Commissioner shall appoint one or more assignees, and if any assignee so chosen or appointed shall not, within six days after notice thereof, signify his acceptance in writing, and delivered to such Judge or Commissioner, then his election or appointment shall be considered void, and the Judge or Commissioner shall from time to time proceed to appoint until the acceptance is duly signified.

Assignees ac

cepting to be an instrument,

appointed by

XXX. And be it enacted, that as soon as such acceptance shall be signified to the Judge or Commissioner as aforesaid, he shall, by an instrument under his hand and seal, declare the choice or appointment of such assignees and their acceptance; and the said instrument shall be executed in duplicate, one of which shall be lodged in the office wherein the other papers in the case are hereinafter required to be finally deposited, and the other shall be delivered to the assignees; and either of such duplicates, purporting to be under such hand and seal, shall be reof such instru- ceived in all Courts in this Province, as primâ facie evidence that the same was executed on the day on which it purports to bear date, and that the assignees named therein were duly chosen and appointed, and accepted the office, and of their authority to bring and defend actions and suits in that character.

Effect of copies

ment.

Powers of the assignees under such instrument,

XXXI. And be it enacted, that the said instrument, so signed and sealed as aforesaid, shall vest, and be construed to vest in the assignees named therein, all the property of the bankrupt, both real and personal, which he could in any way have lawfully sold, assigned or conveyed, or which might have been taken in execution on any judgment against him at the date of the Commission, although the

same

them.

Bankrupt to

perform all necessary acts.

Suits pending,

same may then be attached on mesne process as the property of the said bankrupt, and any such attachment shall, by such instrument, be superseded and dissolved; Estate of bankand the said instrument shall vest, and be construed to vest in the assignees na- rupt vested in ined therein, all debts due to the bankrupt, or to any person in trust for him or to his use, all liens and securities therefor, and all the bankrupt's rights of action Redeeming infor any goods or estate, real or personal, and all his rights of redeeming any such cumbrances. goods or estate, and shall give power to the assignees named therein to redeem all mortgages, hypothecs, conditional contracts, pledges and liens of or upon any goods or estate of the bankrupt, or to sell the same subject to such mortgage or other incumbrance; and the bankrupt shall likewise, at the expense of the estate, make and execute all such deeds and writings, and endorse all such bills, notes and other negotiable papers, and draw checks and orders for monies deposited, and do all such other lawful acts and things as the assignees shall at any time reasonably require, and which may be necessary for enabling the assignees to demand, recover and receive all his estate and effects, whether in or out of this Province, and the assignees shall have the like remedy to recover all the said estate, debts and effects, in their own names, as the bankrupt might have had if no commission had issued against him; and if at the date of such commission any suit or action shall be pending in the name of the bankrupt, for the recovery of any debt or other thing, which might or ought to pass to the assignee or assignees, such assignee or assignees, if they desire it, shall be admitted to intervene and become a party to, and to substitute their names for that of the bankrupt, and thenceforth in their own names to prosecute, in like manner and to the like effect, as if the same had been originally commenced by them as such assignees; and in case of the death or re- Death of the bankrupt. moval of any assignee, the surviving or remaining assignee, or the new assignee, as the case may be, shall, upon his application to be admitted to prosecute such suit or action, and to the like effect, as if the same had been originally commenced by him; and if the bankrupt shall die after the date of the said commission, all proceedings shall notwithstanding be continued and concluded in the like manner, and with the same validity and effect as if he had lived; and in that case the allowance to the bankrupt on the net produce of his estate, if any, shall be paid to his executors or administrators, and shall be disposed of and distributed in the same manner as any other property of which he may die possessed.

to which the

bankrupt is a party.

Duties of the

XXXII. And be it enacted, that the assignees shall forthwith give public notice of their election or appointment, in such manner as the Judge or Commissioner assignees. shall direct; and shall demand and receive from the Sheriff, and from all other persons, all the estate and property of whatever description in his or their possession, respectively, which shall have been vested or have been intended to be vested in them according to this Act; and they shall collect all the debts and

Collecting

effects debts,