ter, five cents; for allowing each uncontested claim and entering the same of record, ten cents; for recording the inventory and appraisement and any other paper or document required to be entered of record, other than uncontested claims aforesaid, five cents per hundred words, Arabic numerals not being counted in such computation; for making and entering each order of distribution not exceeding three orders in any one matter of assignment, five dollars; for making and entering any other order in the proceeding, fifty cents; for attending each meeting of the creditors, for each day's attendance, one dollar; for a certified copy of any order made by him, fifty cents; to the clerk of the district court for entering any order respecting the sale of real estate, such fees as are allowed in civil actions for like services; to the publisher of any newspaper for the publication of any notice required to be published in such proceedings, fifty cents per square of unleaded nonpareil type for the first insertion of such notice, and one-half said amount for each subsequent insertion; to the assignee such sum as may be allowed by the county judge, not exceeding ten per cent on the first $1,000 distributed, and five per cent on the excess, unless at the said first meeting of creditors they shall by a like vote as that for a request for sale of goods at private sale agree with the assignee upon a different sum; to persons employed to assist the assignee in the private sale of personal property ordered to be so sold, such compensation as may have been previously fixed by the county judge, but the aggregate of such allowances shall not exceed the fees and commissions allowed to the assignee; to attorneys for prosecuting or defending any suit by or against the assignee or affecting the assigned estate, such sum as may be agreed upon in writing by a majority in number and two-thirds in amount of the creditors whose claims have been proven at the expiration of the time fixed for proving claims against the estate; to the assignee such sums as may have been necessarily expended for drayage or rent, fuel and lights and insurance; such judgments for costs as may have been rendered against the assignee in actions prosecuted or defended by him upon the written direction of a majority of the creditors owning twothirds in amount of the uncontested claims proven and no other. SEC. 29. Every such assignment shall be void against the creditors of the assignor: First. If it give a preference of one debt or class of debts over another, except a preference to any person of not more than $100 for labor or wages. Second. If it require any creditor to release or compromise his demand. Third. If it reserve any interest in the assigned property or any part thereof to the assignor or assignors, or for his or their benefit, before all his or their existing debts have been paid. Fourth. If it confer any power upon the assignee, other or different from those contained in this act. Fifth. If the assignor or assignors shall fail to make the inventory required to be made by him or them by this act, within the time required by this act, the assignment shall not be void, but that the county court may by attachment or other proper remedy compel the making and return thereof by the assignor. But an omission of any property, or of the name or claim of any creditor therefor, shall not avoid the assignment. when void. Assignments, 7 Neb., 21. conveyance by SEC. 30. If the assignor or assignors shall have Fraudulent made any fraudulent conveyance or disposition of his assignee. or their property, or any part of it, or any conveyance of the same, or any part of it, in whole or in part, directly or indirectly for his or their benefit, the assignee shall upon the direction in writing of a majority in Accounting by assignee. Co-partnership estates. number of the creditors owning two-thirds in amount of all the claims proven against the estate at the time fixed for proving the same, begin and maintain an action for the purpose of setting said conveyance aside, or having the same adjudged void, or to recover the property so conveyed; and in such action he shall have all the rights and be entitled to all the remedies of a judgment creditor of the assignor or assignors; and if in such case a like action shall be pending in favor of any creditor or creditors, such assignee shall be substituted as plaintiff. If the assignee shall be unsuccessful in such action, the costs adjudged against him shall be paid out of the assigned estate. If he shall be successful, the property so recovered shall be disposed of as other like property belonging to the assigned estate. SEC. 31. The county judge may at any time cite the assignee to make an account, and shall do so whenever the assignee neglects or refuse to account at any time when he is required so to do by this act. The county judge may enforce his orders in the premises by attachment as for contempt, and may punish disobedience thereto by fine and imprisonment, as in other cases of contempt. Upon complaint of any creditor, and upon good cause shown, he may remove any assignee chosen by the creditors and restore the sheriff to the execution of the trust, and make all necessary orders in the premises. SEC. 32. A co-partnership estate may be assigned without including the individual property of the persons composing the co-partnership, or one or more of such persons may include his or their individual estate in such assignment; but in such case separate inventories of the property, and creditors of such estate shall be made and filed as in this act provided; and in such case the failure of the assignment as to one estate shall not affect it as to any other; and in such case the co-partnership estate shall first be applied to the payment of co-partnership debts, and individual estates shall first be applied to the payment of individual debts, and the balance, if any in the latter case shall be applied to the payment of debts of the former description, while the balance, if any in former case belonging to an individual partner shall be applied to the payment of his individual debts. creditors. SEC. 33. The existence of an assignment, nor the Rights of fact that any creditor has proven his claim against an assigned estate, shall not affect the right of such creditor to pursue any remedy at law or in equity for the collection of his claim against all or any of the assignors or all or any of their estate or property; nor shall the proving, of a claim against either an individual or a co-partnership estate affect the right of a creditor to attack the validity of the assignment. be brought SEC. 34. The county court may, upon the applica- Assignors may tion of the assignee, or of any creditor compel, by ci- into court. tation or attachment, the assignor or assignors to appear in person forth with or at such time as the court may fix, and answer, under oath, such questions as may be put to them, or either of them, concerning the matter of the assignment; and such assignor or assignors may thereupon be fully examined, upon oath, as to all matters touching their estate or property, its situation and amount, and as to whether any and what disposition has been made of the same or any part thereof, and as to the names of creditors, their residence, and the amount due each; and may compel the completion or correction of any inventory made by the assignor or assignors, and the delivery of any money, choses in action, or property belonging to the assigned estate to the assignee, and may compel obedience to his orders in the premises, by fine or imprisonment as for contempt as in other cases. SEC. 35. The county court may also when there shall be filed an affidavit by any person interested in the estate, alleging that any person or persons has or have, or that the affiant has good reason to and does verily believe that any person or persons has or have any property, goods, chattels, bills of exchange, promissory notes, credits or effects of the assignor or assignors, in his or their possession, or under his or their control, or has or have knowledge of any of the property or effects of the assignor or assignors, cite any such person or persons to appear for examination; and such person or persons may be examined, upon oath, in all respects, as to such matters as the assignor or assignors may be required to appear and be examined under the provisions of this act; and the court may make any order with respect to any property or effects found or disclosed to be in the possession or under the control of such person which he might or could make with respect to property or effects in the possession of an assignor, and may enforce obedience to his orders in the premises in like manner. SEC. 36. The assignee shall, from time to time, file in the county court additional inventory and valuation of any property coming into his hands, after the filing of any former inventory, which shall be treated as a part of the original inventory and appraisement. SEC. 37. Proof may be made of claims not due, but in such case a reasonable rebate shall be made in case they do not draw interest, or in case they draw interest at a less rate than may be allowed by law. SEC. 38. The assignee shall have full power, except as in this act otherwise provided, to sue for and recover |