Additional penalty. Recovery of fines. Dating assignment. Order to and registration penalty for each and every day which shall pass after the expiration of ten days from the date of the assignment until the same shall have been registered. (1.) The assignee is to be subject to a like penalty for each and every day which shall pass after the expiration of ten days from the delivery of the assignment to him, or of ten days after his assent thereto, the burden of proving the time of such delivery or assent being upon the assignee. (2.) Such penalties may be recovered summarily before a Judge of the Court of Queen's Bench or of the County Court of the Judicial District in which the assignment ought to be published or registered. One-half of the penalty shall go to the party suing, and the other half for the benefit of the estate of the assignor. (3.) No assignment under this Act shall be dated after the execution thereof by the assignor. 13. In case the assignment be not registered and notice enforce notice thereof published an application may be made by any one interested in the assignment to a Judge of the Court of Queen's Bench or of the County Court aforesaid to compel the publication and registration thereof, and the Judge shall make his order on that behalf, and with or without costs or upon the payment of costs by such person as he may in his discretion direct to pay the same. Assignment 14. The omission to publish or register as aforesaid, or any not invalidated irregularity in the publication or registration, shall not invalidate the assignment. Meeting of creditors. Notice. Voting on claims 15. It shall be the duty of the assignee to immediately inform himself, by reference to the debtor and his records of account, of the names and residences of the debtor's creditors, and within ten days from the date of the assignment to call a meeting of the creditors for the appointment of Inspectors and 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 in his office, or other convenient place to be named in the notice, not later than twenty days after the mailing of such notice, and by advertisement in the Manitoba Gazette, and all other meetings to be held shall be called in like manner, except that no advertisement shall be required. 16. At any meeting of creditors the creditors may vote in person, or by proxy authorized in writing, but no creditor 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 amount and nature thereof. 17. Subject to the provisions of Section 6, all subjects dis- calculation of cussed at meetings of creditors shall be decided by the votes. majority of votes, and for such purpose the votes of creditors shall be calculated as follows: For every claim of or over $25 and not exceeding $100, 1 vote; for every claim of or over $100 and not exceeding $300, 2 votes; for every claim. of or over $300 and not exceeding $600, 3 votes; for every claim of or over $600 and not exceeding, $1,000, 4 votes; for every additional $1,000 or portion thereof, 1 vote. claims. (1.) No person shall be entitled to vote on a claim acquired 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. (2.) In case of a tie the assignee, or if there are two Casting vote. 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. (3.) Every creditor in his proof of claim shall state whether security to be he holds any security for his claim or any part thereof, and if mentioned. 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 from the creditor an assignment of the security at an advance of ten per cent, upon the specified value, 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. negotiable instruments. (4.) If a creditor holds a claim based upon negotiable claims on instruments upon which the debtor is only indirectly or ment secondarily liable, and which is not mature or not exigible, such creditor shall be considered to hold security within the meaning of this section, and shall put a value on the liability of the party or parties liable thereon prior to the debtor, as being his security for the payment thereof, but after the maturity of such negotiable instruments and their non-payment he shall be entitled to amend and revalue his claim. claim. 18. Every person claiming to be entitled to rank on the Particulars of 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. Ꭲ Claims not accrued. Set off. Affidavits without the Province. Act in force. (1.) A person whose claim has not accrued due shall nevertheless be entitled to prove under the assignment and vote at meetings of creditors, but in ascertaining the amount of any such claim a deduction for interest shall be made for the time which has to run until the claim becomes due. 19. The law of set-off shall apply to all claims made against the estate, and also to all suits 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 for set-off shall be affected by the provisions of this or any other act respecting frauds or fraudulent preferences. 20. Any affidavit authorized or required by this Act may be sworn out of the Province of Manitoba before a notary public. 21. This Act shall not go into force until a day to be named by the Lieutenant-Governor by his proclamation. 48 Vict. secs. 2 3, 4 and 5 repealed. Duties, etc. of CAP. XLVI. An Act to amend Chapter 6, 48 Victoria, intituled "An Act to consolidate and amend the Acts relating to the Department of Public Works." C.47-50v. C. 44-50V H [Assented to 28th May 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Sections 2, 3, 4 and 5 of the Act passed in the fortyeighth year of Her Majesty's reign, chaptered 6, are hereby repealed, and the following substitued in lieu thereof : 2. The Minister of Public Works shall have the adminisMin. of Pub. tration and management of the Department, and may suspend from duty any officer or servant of the Department who refuses or neglects to obey his instructions as such Minister. The Minister shall also have the management, charge and direction of the heating, maintenance and keeping in repair of the Government Buildings at the Seat of Government and elsewhere, and any alterations from time to time requisite therein, and the supplying of furniture and fittings, or repairs to the same. With the approval of the Lieutenant-Governorin-Council he shall also appoint and control the officers neces sary for the proper care and maintenance of all Government Buildings, and shall have charge of the construction of new Government Buildings, and shall have such other powers and duties as may be assigned to him by the Lieutenant-Governorin-Council; provided, nothing in this Act shall be construed Proviso. in such manner as to authorize the appointment or control of the sheriffs or deputy-sheriffs or the other officers of the court or prisons now under the control of the Department of the Attorney-General, but only such officers and employees as are requisite in the care and maintenance of the several buildings and grounds but is intended to and does include the engineer, assistant engineer and fireman of the asylum. other officers. 3. The Lieutenant-Governor-in-Council may appoint a Deputy and Deputy Minister of Public Works, a Secretary and an Accountant, and such other permanent officers as may be necessary for the proper conduct of the Department. 4. It shall be the duty of the Deputy Minister, and he shall Duty of have authority, subject always to the direction of the Minister, Deputy. to oversee and direct the other officers, clerks and servants of the Department, and he shall have general control of the business of the Department. It shall be his duty to cause to be prepared maps, plans and estimates for all public works which are about to be constructed, altered or repaired by the Department; to report for the information of the Minister, on any question relating to public works which may be submitted to him; to examine and revise all the plans, estimates and recommendations of other officers; to check and verify all certificates and accounts respecting public works and repairs, and generally to advise the Department in all architectural and engineering questions affecting public works. And a copy of any map, plan or other document in the Department copies to certified by him to be a true copy, and all orders made and all make proof. correspondence, certificates or other documents signed by the Deputy Minister, under instruction of the Minister, shall have the same effect and significance as if signed by the Minister and shall be prima facie evidence of the same, and shall have the same legal effect as the original in any court or elsewhere. Certified 5. It shall be the duty of the Secretary to prepare reports Duty of and to conduct, under the direction of the Minister or Deputy Secretary. Minister, the correspondence of the Department; to see that all contracts are properly drawn out and executed, and to see that all letters, reports and other documents are properly copied or filed, as the case may be; and generally to do or perform all such acts and things pertaining to the business of the Department as he may be from time to time directed by the Minister. It shall be the duty of the Accountant to Duty of check all accounts relating to public works, and to mark thereon the appropriation to which the same are properly Accountant. chargeable, and to keep all necessary books and accounts relating to appropriations for public works and the expenditure in respect thereof, and generally to do and perform all acts and things pertaining to the business of the Department he may be from time to time directed by the Minister or Deputy Minister. C. S. M. c. 12, secs. 7 and 8 repealed. Opening new roads. Supervision of works. Duration of Act. CAP. XLVII. An Act to amend Chapter 12, Consolidated Statutes of Manitoba, intituled "An Act respecting Highways and Roads." HE [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows 1. Sections 7 and 8 of Cap. 12 of the Consolidated Statutes of Manitoba, are hereby repealed, and the following substituted in lieu thereof : (7) When it shall be made to appear to the satisfaction of the Minister of Public Works that a majority of the owners of Real Estate in any locality or settlement deem it necessary to open a new public road, and application to that effect shall have been made to the Minister of Public Works, the Minister, on examination thereof, may order a survey of such road, and if he approve of such new road the establishment of the same shall be determined by a public meeting of such owners of real estate within the locality or settlement as aforesaid; such meeting shall be convened by any fit person designated by the Minister of Public Works, by posting up notices in at least two of the most conspicuous places in the locality, and such notices shall state the day, hour, place and object of such meeting, and ten days at least shall intervene between the day of posting the notice and the meeting. (8) The meeting shall be presided over by the Minister of Public Works, or such person as he may appoint, in which latter case the person so appointed shall report to the Minister as soon as possible the proceedings of the meeting. 2. This Act shall remain in force till such time as the Lieutenant-Governor-in-Council by proclamation shall declare it to be no longer in force. |