ap Or appoint $25. Or, in such case, the officer or court may revoke the ART. 8. pointment of assignees, and grant a certificate of such revocation, which shall be recorded in the office of the clerk of the county; and ment of asthereupon the assignment that may have been previously executed to be revoked. the assignees so refusing to certify, shall be void. signees may signment di $26. The officer or court shall thereupon direct a new assignment And new asto be made to such persons as shall be appointed for that purpose; rected. and in case of such new assignment being executed, the certificate of the assignees to the fact, shall be required in the same manner as of the first assignees. ceedings to $27. All proceedings under the second, third, fourth and fifth Ar- When proticles of this Title, shall be filed by the officer before whom the same be filed with shall have been consummated, within three months thereafter, with county clerk. the clerk of the county in which such officer resides.72 train $28. Nothing in this Title contained, shall be construed to impair Landlord's or affect the right of any landlord to distrain upon any property vested in for last in trustees under this Title, for any amount not exceeding the last year's rent, due for any real estate on which such property shall be, or from which it shall have been removed.73 af year's rent, saved. Debts, &c. to $29. No debt or duty to the United States shall be in any way fected by a discharge under the provisions of this Title: nor can any not affected. debtor to the United States be discharged or exonerated from imprisonment by any proceedings under this Title, in any suit or proceeding founded upon a debt to the United States. Debts to embraced in cept debts for taxes. $30. All debts and duties to this state, except taxes, shall be affected by proceedings under this Title, in the same manner, as debts this state to individuals and debtors may be discharged and exonerated from this Title, eximprisonment, in suits brought in the name of the state, in the same manner as in suits by individuals; and in such case, whenever it shall be necessary to serve any notice upon plaintiffs, according to the provisions of this Title, the same may be served on the attorney-general, and the attorney-general shall, in all proceedings under this Title, represent the state. ARTICLE EIGHTH. Of the Powers, Duties and Obligations, of Trustees and Assignees under this Title. SEC. 1. Assignees and trustees appointed under preceding Articles declared trustees, &c. 2. If there be only one, provisions having reference to several, to apply. 3. Powers of trustees where there are more than one. 4. Powers of survivor. Property in the hands of trustee dying, &c. provided for. 5. Trustees to take oath ; oath to be filed, and where. 6. Trustees to be deemed vested with debtor's property, and from what time. 7. Powers of trustees. (72) 1 R. L. 471, § 27; Laws of 1819, p. 118, § 12. (73) 1 R. L. 470, § 25; 437, § 12. TITLE 1. SEC. 8. Trustees to give notice requiring debtors to pay, &c. 9. Time and manner of publishing such notice. Assignees, for the benefit 10. Trustees may sue before day of payment, &c. named in notice. 11. Persons concealing property or debts, to forfeit double the amount, &c. 13. Person brought up to be examined; examination to be reduced to writing, &c. 15. Proceedings in case such person shall bring a habeas corpus. 16. Sheriff, &c. suffering such person to escape, to be indicted, and to forfeit $2,500. 17. Persons examined and answering, not liable to penalty; answers how far evidence. 18. Persons discovering concealed property, entitled to ten per cent. 19. Controversies between trustees and others, may be referred to three referees. 20. If referees be not agreed on, trustees to give notice of application, &c. 21 & 22. Referees how to be selected. 23. Selection to be certified to clerk of court, and rule to be entered. 24. Referees to have same powers, &c. as referees appointed by supreme court. 25. Report of referees where to be filed; conclusive if not set aside. 26. Trustees to convert estate into money; to keep account, &c. 27. Trustees within fifteen months, to call a general meeting of the creditors, &c. 28. Accounts to be adjusted, and amount of monies in hand declared. 29. Trustees to deduct disbursements and a commission of five per cent. 30 & 31. Duty of trustees under Article first, where bonds to retain property for the benefit of creditors, have been executed. 32. U. S. and sureties having a preference by laws of U. S. to be first paid. 33. Manner in which remainder is to be distributed among creditors. 34. Debts due as guardian, &c. to be first paid on such distribution. 35. Creditors whose debts are not due, to receive their proportion, deducting interest. 36. Mutual credits and mutual debts, when set off, &c. 37. Set-offs of demands purchased, &c. regulated. 38. Trustees may retain monies in their hands to meet demands in suits pending. 39. Penalties recovered by trustees to be deemed part of debtor's estate, &c. 40. If whole estate be not distributed, yearly dividends to be made, &c. 41. Creditors omitting to deliver accounts on first dividend, &c. provided for. 42. Dividends unclaimed for one year, deemed relinquished, and to be distributed. 43. Surplus remaining after settlement of estate, to be paid to debtor. 44. Certain debtors discharged under 3d, 4th and 5th Articles, entitled to allowance, &c 45. Trustees to render account on oath; where filed; its contents, &c. 46. Trustees subject to order of certain courts; removable for cause shown. 47. Proceedings in common pleas, under this Title, removable into supreme court, &c. 48. If trustee be removed, or die, &c., new trustee may be appointed. 49. Trustee wishing to renounce, may apply for order to show cause, &c. 50. If officer who appointed is not in office, application to whom made. 51. Application to be accompanied by account of trustee's transactions, &c. 53. Order to be granted directing notice to persons interested to shew cause. 55. On the day appointed, &c., proofs and allegations to be heard. 56. When order may be granted allowing trustee to renounce, &c. 57. Trustee to execute assignment to such person as shall be appointed, &c. 58. Effect of such assignment; powers and duties of new assignee. 59. On certificate of assignment, &c. order to be granted discharging trustee. 60. Trustee thereupon discharged from his trust, subject to liabilities previously incurred. 61. New assignment where to be recorded; petition and proceedings where filed. 62. Expenses of proceedings to be paid by trustees renouncing. $1. All assignees and trustees, appointed under any authority, &c. trustees conferred by any of the provisions of the preceding Articles of this of creditors. Title, in the several cases therein contemplated, are hereby declared to be trustees of the estate of the debtor, in relation to whose property they shall be appointed, for the benefit of his creditors; and shall be vested with all the powers and authority herein after specified, and shall be subject to the control, obligations and responsibilities hereinafter declared, in respect to trustees. $2. When any one assignee or trustee only, shall be appointed, all the provisions herein contained, in reference to several trustees, shall apply to him. ART. 8. One trustee, &c. trustees than one. $3. When there are more trustees than one appointed, the debts Powers of and property of the debtor may be collected and received by any one where more of them; and when there are more than two trustees appointed, every power and authority conferred by this Title on the trustees, may be exercised by any two of them. hands of $4. The survivor or survivors of any trustees, shall have all the Survivor. powers and rights given by this Title to trustees. All property in Property in the hands of any trustee at the time of his death, removal or inca- trustee dying. pacity, shall be delivered to the remaining trustee or trustees, if there be any; or to the successor of the one so dying, removed or incapacitated; who may demand and sue for the same. take oath. $5. Before proceeding to the discharge of any of their duties, all Trustees to such trustees shall take and subscribe an oath, that they will well and truly execute the trust by their appointment reposed in them, according to the best of their skill and understanding; which oath shall be filed with the officer or court, that appointed them.74 vested with 36. The trustees taking such oath, shall be deemed vested with Trustees all the estate, real and personal, of such debtor, (except such as is debtor's pro exempted by the preceding Articles,) as follows: 1. In proceedings under the first Article of this Title, from the first publication of the notice to the non-resident, absconding or concealed debtor : 2. In proceedings under the second Article, from the appointment of trustees: 3. In proceedings under the third, fifth and sixth Articles, from the execution of the assignment, in those Articles directed: 4. In proceedings under the fourth Article, when the assignment was voluntary, from the time of its execution; when executed by an officer as therein directed, from the time of the first publication of the notice in that Article required to be given to creditors.75 $7. The said trustees shall have power, perty. Their 1. To sue in their own names or otherwise, and recover all the ers estate, debts and things in action, belonging or due to such debtor, in the same manner and with the like effect as such debtor might or could have done if no attachment had been issued, or trustees appointed, or an assignment had not been made; and no set-off shall be allowed in any such suit, for any debt, unless it was owing to such creditor, by such debtor, before the first publication of the notice required in the first Article, or before the appointment of trustees un (74) 1 R. L. 159, § 8. (75) 1 R. L. 159, § 10; 462, § 5; Laws of 1819, p. 44, § 4. VOL. II. 6 pow TITLE 1. der the second Article, or before presenting the petition of the insolvent under the third, fifth and sixth Articles, or before the publication of notice to creditors under the fourth Article. But no suit in equity shall be brought by assignees of insolvents under the third, fourth or fifth Articles, without the consent of the creditors having a major part of the debts which shall have been exhibited and allowed, unless the sum in controversy exceeds five hundred dollars : 2. To take into their hands, all the estate of such debtor, whether attached, or delivered to them, or afterwards discovered; and all books, vouchers and securities relating to the same : 3. In the case of a non-resident, absconding or concealed debtor, to demand and receive of every sheriff who shall have attached any of the property of such debtor, or who shall have in his hands, any monies arising from the sale of such property, all such property and monies, on paying him his reasonable costs and charges, for attaching and keeping the same, to be allowed by the officer having jurisdiction: 4. From time to time, to sell at public auction, all the estate, real and personal, vested in them, which shall come to their hands, after giving at least fourteen days' public notice of the time and place of sale, and also publishing the same for two weeks in a newspaper, printed in the county, where the sale shall be made, if there be one : 5. To allow such credit on the sale of real property by them, as they shall deem reasonable, not exceeding eighteen months, for not more than three-fourths of the purchase money; which credit shall be secured by a bond of the purchaser, and a mortgage on the property sold: 6. On such sales, to execute the necessary conveyances and bills of sale : 7. To redeem all mortgages and conditional contracts and all pledges of personal property, and to satisfy any judgments, which may be an incumbrance on any property so sold by them; or to sell such property subject to such mortgages, contracts, pledges or judg ments: 8. To settle all matters and accounts between such debtor, and his debtors, or creditors, and to examine any person touching such matters and accounts, on oath, to be administered by either of them: 9. Under the order of the officer appointing them, to compound with any person indebted to such debtor, and thereupon to discharge all demands against such person.? 76 Notice to be $8. The trustees, immediately upon their appointment, shall give notice thereof; and therein shall require, given. 1. All persons indebted to such debtor, by a day and at a place therein to be specified, to render an account of all debts and sums o (76) 1 R. L. 159, § 10; 161, § 15; 352, § 8; 468, § 19, to 470, § 23. money owing by them respectively, to such trustees, and to pay the ART. & same : 2. All persons having in their possession any property or effects of such debtor, to deliver the same to the said trustees by the day so appointed: 3. All the creditors of such debtor to deliver their respective accounts and demands to the trustees or one of them, by a day to be therein specified, not less than forty days from the first publication of such notice.77 manner of publishing notice. $9. In the case of an insolvent or imprisoned debtor, such notice Time and shall be published for at least three weeks in a newspaper printed in the county where application was made; and in the case of non-resident, absconding or concealed debtors, it shall be published, for the same time, in the newspapers in which the notice of an attachment having issued, is directed to be printed. withstanding $10. Notwithstanding any such notice, the trustees may sue for May sue notand recover, any property or effects of the debtor, and any debts due to notice. him, at any time, before the day appointed for the delivery or payment thereof. cealing pro to forfeit $11. Every person indebted to such debtor, or having the pos- Persons consession or custody of any property or thing in action, belonging to him, perty or debts who shall conceal the same, and not deliver a just and true account double, &c. of such indebtedness, or not deliver such property or thing in action, to the trustees or one of them, by the day for that purpose appointed, shall forfeit double the amount of such debt, or double the value of such property so concealed; which penalties may be recovered by the trustees.78 $ 12. Whenever the trustees shall show by their own oath or other competent proof, to the satisfaction of any officer named in the first section of the seventh Article of this Title, or of any judge of a county court, that there is good reason to believe that the debtor, his wife, or any other person has concealed or embezzled any part of the estate of such debtor vested in the said trustees; or that any person can testify concerning the concealment or embezzlement thereof; or that any person who shall not have rendered an account as above required, is indebted to such debtor, or has property in his custody or possession, belonging to such debtor; such officer or judge shall issue a warrant, commanding any sheriff or constable, to cause such debtor, his wife, or other person, to be brought before him at such time and place as he shall appoint, for the purpose of being examined.79 When debt or, &c. may be brought up to be ex amined. $ 13. The officer issuing such warrant, shall examine every per- Particulars of son so brought before him, on oath, in the presence of the trustees or examination. (77) 1 R. L. 159, § 9. (78) 1 R. L. 160, § 11; 466, § 14. (79) 1 R. L. 160, § 12; 467, $16. |